Inquisition宗教裁判所 中文 - Zhong Wen

General Information一般资料

The Inquisition was a medieval church court instituted to seek out and prosecute heretics.宗教裁判所是一个中世纪教堂法院提起找出并起诉异端。The term is applied to the institution itself, which was episcopal or papal, regional or local; to the personnel of the tribunal; and to the judicial procedure followed by the court.该术语适用于该机构本身,这是主教或教皇,地区或地方;法庭人员和司法程序,由法院。Notoriously harsh in its procedures, the Inquisition was defended during the Middle Ages by appeal to biblical practices and to the church father Saint Augustine, who had interpreted Luke 14:23 as endorsing the use of force against heretics.在其程序出了名的苛刻的宗教裁判所,在上诉中世纪的“圣经”的做法和圣奥古斯丁教堂的父亲曾解释为赞同使用武力对付异端卢克14时23期间辩护。

Development and Institution发展和机构

Problems with sects like the Albigenses (Cathari) and Waldenses in the 12th century first led to the episcopal Inquisition.像Albigenses(卡塔利)和在12世纪的瓦勒度派教派的问题,首先导致主教侦查。Often at the instigation of secular rulers, bishops were urged to investigate and deal locally with heretics, since they were seen as a threat to both the ecclesiastical and the social order.往往在世俗统治者的怂恿下,主教们呼吁调查和处理本地与异端,因为他们看到教会和社会秩序的威胁。Papal documents as well as the Second, Third, and Fourth Lateran Councils (1139, 1179, 1215) prescribed imprisonment and confiscation of property as punishment for heresy and threatened to excommunicate princes who failed to punish heretics.罗马教皇的文件,以及第二,第三和第四次(1139,1179,1215)拉特兰议会规定为异端的惩罚监禁和没收财产,并扬言要破门诸侯失败惩罚异端。

The papal Inquisition was formally instituted by Pope Gregory IX in 1231.罗马教皇的宗教裁判所正式实行在1231年由罗马教皇格雷戈里九。Following a law of Holy Roman Emperor Frederick II, enacted for Lombardy in 1224 and extended to the entire empire in 1232, Gregory ordered convicted heretics to be seized by the secular authorities and burned.以下的神圣罗马帝国皇帝腓特烈二世的法律,颁布了伦巴第大区在1224和在1232扩展到整个帝国,格雷戈里下令定罪世俗当局查获并烧毁异端。 Like Frederick, Gregory also mandated that heretics be sought out and tried before a church court.像冯检基,格雷戈里还授权异端是寻求一个教会法庭审判之前。For this purpose, he first appointed special inquisitors (for example, Conrad of Marburg in Germany and Robert le Bougre in Burgundy) and later entrusted the task to members of the newly established Dominican and Franciscan Orders of friars.为此,他首先任命了特别调查官(例如,在德国马尔堡康拉德和罗伯特在勃艮第乐Bougre)和后来委托的任务,新成立的多米尼加共和国和方修士订单的成员。 The independent authority of the inquisitors was a frequent cause of friction with the local clergy and bishops.独立的调查官的权威是频繁造成的摩擦与当地神职人员和主教。

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During the 13th century, the typical procedure began with the arrival of the inquisitors in a specific locality.典型的过程开始于13世纪,在一个特定地区的调查官的到来。A period of grace was proclaimed for penitent heretics, after which time denunciations were accepted from anyone, even criminals and other heretics.忏悔异端的宽限期宣告成立,之后的时间谴责任何人接受,甚至是犯罪分子和其他异教徒。Two informants whose identity was unknown to the victim were usually sufficient for a charge.两个告密者,其身份是未知的受害者通常是足以收取费用。The court then summoned the suspect, conducted an interrogation, and tried to obtain the confession that was necessary for conviction.法院随后传唤了犯罪嫌疑人进行审讯,并试图获得被定罪所必需的自白。In order to do this, assisting secular authorities frequently applied physical torture.为了做到这一点,协助世俗当局经常采用肉体折磨。This practice probably started in Italy under the impact of rediscovered Roman civil law and made use of such painful procedures as stretching of limbs on the rack, burning with live coals, squeezing of fingers and toes, or the strappado, a vertical rack.这种做法可能重新发现的罗马民法的影响下,开始在意大利使用这样痛苦的过程为四肢伸展在机架上,与现场煤燃烧,手指和脚趾的挤压,或strappado,垂直机架。

At the beginning of the interrogation, which was recorded summarily in Latin by a clerk, suspects and witnesses had to swear under oath that they would reveal everything.在开始的审讯,这是记录在拉美循简易程序由业务员,犯罪嫌疑人和证人在宣誓后发誓,他们将揭示一切。Unwillingness to take the oath was interpreted as a sign of adherence to heresy.不愿意采取誓言被解释为坚持异端的标志。 If a person confessed and was willing to submit, the judges prescribed minor penances like flogging, fasts, prayers, pilgrimages, or fines.如果一个人承认,并愿意提交,法官订明轻微penances像鞭笞,斋戒,祈祷,朝圣,或罚款。In more severe cases the wearing of a yellow "cross of infamy," with its resulting social ostracism, or imprisonment could be imposed.可判处更严重的情况下佩戴一个黄色的“骂名的十字架”,其造成的社会排斥,或监禁。Denial of the charges without counterproof, obstinate refusal to confess, and persistence in the heresy resulted in the most severe punishments: life imprisonment or execution accompanied by total confiscation of property.拒绝不counterproof,顽固地拒绝承认,并坚持在异端收费,导致在最严厉的处罚:无期徒刑或伴有共没收财产的执行。

Since the church was not permitted to shed blood, the sentenced heretic was surrendered to the secular authorities for execution, usually by burning at the stake.因为教会不允许抛头颅,洒热血,​​判处邪教世俗当局自首执行,通常是由燃烧的股权。

When the Inquisition had completed its investigations, the sentences were pronounced in a solemn ceremony, known as the sermo generalis ("general address") or, in Spain, as the auto-da-fe ("act of faith"), attended by local dignitaries, clergy, and townspeople.当宗教裁判所已完成的调查,判决宣判sermo generalis(“一般的地址”),或在西班牙,在庄严的仪式,为汽车- DA - FE(“信仰行为”),出席当地政要,神职人员和市民。Here the penitents abjured their errors and received their penalties; obstinate heretics were solemnly cursed and handed over to be burned immediately in public.悔罪者在这里发誓放弃自己的错误,并收到他们的刑罚;顽固异端被庄严地诅咒和移交在公众立即被烧毁。

Several inquisitors' manuals have survived, among them those of Bernard Gui and Nicolas Eymeric.存活,其中一些调查官手册伯纳德桂和Nicolas Eymeric。Other sources include checklists of standard questions and numerous official minutes of local inquisitions.其他来源包括标准问题和当地宗教裁判的众多官方分钟清单。Some of these materials have been published, but most exist in manuscript only.这些材料有的已经出版,但大部分手稿只存在。

The first inquisitors worked in central Europe (Germany, northern Italy, eastern France).在中欧(德国,意大利北部,法国东部)的第一次调查官工作。Later centers of the Inquisition were established in the Mediterranean regions, especially southern France, Italy, Portugal, and Spain.后来中心成立于地中海地区,特别是法国南部,意大利,葡萄牙和西班牙的宗教裁判所。The tribunal was used in England to suppress the Lollards (followers of the 14th-century reformer John Wycliffe).该法庭是在英格兰压制Lollards(14世纪的改革者约翰威克里夫追随者)。Queen Mary I of England (r. 1553-58) used the tribunal in her effort to reverse the Protestant Reformation.玛丽一世(1553年至1558年规则)用于在她的努力,以扭转宗教改革法庭。The Inquisition's long survival can be attributed to the early inclusion of offenses other than heresy: sorcery, alchemy, blasphemy, sexual aberration, and infanticide. The number of witches and sorcerers burned after the late 15th century appears to have been far greater than that of heretics.的宗教裁判所的长期生存可以被归结到了比异端邪说的罪行年初列入:。巫术,炼丹, ​​亵渎,性畸变和溺婴女巫和15世纪晚期后焚烧巫师的数量似乎远远大于异端。

Spanish Inquisition西班牙宗教裁判所

The Inquisition underwent special development in Portugal and Spain and their colonies.宗教裁判所接受特殊的发展,在葡萄牙和西班牙的殖民地。At the insistence of Ferdinand II of Aragon and Isabella I of Castile, Pope Sixtus IV endorsed (1483) the creation of an independent Spanish Inquisition presided over by a high council and grand inquisitor.在坚持费迪南德阿拉贡和卡斯蒂利亚的伊莎贝拉我,教皇Sixtus IV赞同(1483)建立一个独立的西班牙宗教裁判所高会和盛大调查官主持的第二。Legend has made the first grand inquisitor, Tomas de Torquemada, a symbol of ultimate cruelty, bigotry, intolerance, and religious fanaticism.传说中作出的第一次盛会砂锅,托马斯 - 托尔克马达,最终残忍,偏执,不容忍,和宗教狂热的象征。

The truth is that the Spanish Inquisition was particularly severe, strict, and efficient because of its strong ties with the crown.事实真相是,西班牙宗教裁判所是特别严重,严格,高效的,因为其强大的关系,与冠。Its major targets were the Marranos (converts from Judaism) and Moriscos (converts from Islam), many of whom were suspected of secretly adhering to their original faiths.其主要目标是Marranos(转换从犹太教)和Moriscos(从伊斯兰教转换),其中许多人涉嫌暗中坚持其原有的信仰。 During the 16th century, Protestants and Alumbrados (Spanish mystics) seemed to be the major danger.在16世纪期间,新教徒和Alumbrados(西班牙神秘主义者)似乎是主要的危险。Often serving political ends, the inquisitors also exercised their dreaded functions among the converted Indian populations of the Spanish colonies in America.经常服务于政治目的,调查者还行使他们可怕的职能转换印度人口在美国的西班牙殖民地之间。The Inquisition was finally suppressed in Spain in 1834 and in Portugal in 1821.侦查,终于在1834年于1821年在西班牙和葡萄牙抑制。

Roman Inquisition罗马宗教裁判所

At the time of the Reformation, Pope Paul III created a cardinals' commission at the curia as the final court of appeal in matters of heresy.教皇保罗三世在时间的改革,创造一个枢机主教在教廷的异端问题的最终上诉法院的佣金。This Roman Inquisition was solidified (1588) by Sixtus V into the Congregation of the Roman and Universal Inquisition, also known as the Holy Office, whose task was to watch over the correct doctrine of faith and morals for the whole Roman Catholic church.这个罗马宗教裁判所是凝固Sixtus V(1588)到罗马和通用宗教裁判所的毕业典礼,也称为神圣的办公室,其任务是为整个罗马天主教教会的信仰和道德观看正确的教义。Reorganized in 1908 under the simpler title Congregation of the Holy Office, it was redefined by Pope Paul VI in 1965 as the Congregation for the Doctrine of the Faith, with the more positive task of furthering right doctrine rather than censuring heresy.下简单的标题会众,罗马教廷办公室于1908年重组,它被重新定义在1965年由罗马教皇保罗六世为众的教义,更积极的任务,进一步正确的教义,而不是指责异端。


Among the innumerable victims of the Inquisition were such famous people as the philosopher Giordano Bruno, Galileo, Joan of Arc, and the religious order of knights called the Templars.在侦查的无数受害者等著名哲学家布鲁诺,伽利略,贞德,并称为圣殿骑士的宗教秩序。The institution and its excesses have been an embarrassment to many modern Christians.机构和其过激行为一直是许多现代基督徒尴尬。In anti-Catholic and antireligious polemics since the Enlightenment (for example, Voltaire's Candide), the Inquisition has been cited as a prime example of what is thought to be the barbarism of the Middle Ages.自启蒙(例如,伏尔泰的“憨)反天主教和反宗教的论战的,宗教裁判所已被列为一个最好的例子,被认为是中世纪的野蛮。In its day there was some popular sympathy for the Inquisition.在它的天,有一些宗教裁判所流行的同情。Some saw it as a political and economic tool, others, as a necessary defense for religious belief.有些人认为它作为一个政治和经济的工具,其他人,作为一个必要的防卫宗教信仰。Nevertheless, despite all efforts at understanding the institution in the light of social, political, religious, and ideological factors, today the Inquisition is generally admitted to belong to the darker side of Christian history.然而,尽管在理解的社会,政治,宗教,和意识形态因素,该机构的所有努力,今天的宗教裁判所普遍承认,属于基督教历史上黑暗的一面。

Karlfried FroehlichKarlfried Froehlich

Bibliography 参考书目
Coulton, George G., The Inquisition (1929; repr. 1974); Hauben, Paul J., ed., The Spanish Inquisition (1969); Kamen, Henry A., The Spanish Inquisition and Society in Spain in the Sixteenth and Seventeenth Centuries (1985); Langdon-Davies, John, The Spanish Inquisition (1938; repr. 1964); Lea, Henry C., A History of the Inquisition in the Middle Ages, 3 vols.Coulton,乔治G,宗教裁判所(1929年再版1974年); Hauben,保罗J.,编辑,西班牙宗教裁判所(1969年);。卡门,亨利,西班牙宗教裁判所和西班牙在第十六次和第十七次会世纪(1985年);兰登 - 戴维斯,约翰,西班牙宗教裁判所(1938年,再版1964年); LEA,亨利C,一个历史的宗教裁判所,在中世纪,3卷。(1888; repr. 1988); Le Roy Ladurie, Emmanuel, Montaillou: The Promised Land of Error, trans. (1888年,1988年再版。);勒华拉杜里,灵光,蒙塔尤:乐土,跨的错误。by Barbara Bray (1978).芭芭拉布雷(1978年)。Monter, William, Frontiers of Heresy (1990); O'Brien, John A., The Inquisition (1973); Peters, Edward, Inquisition (1988; repr. 1989); Roth, Cecil, The Spanish Inquisition (1938; repr. 1987); Wakefield, Walter L., Heresy, Crusade, and Inquisition in Southern France, 1100-1250 (1974). Monter,威廉,异端(1990年)的前沿;奥布莱恩,约翰A,宗教裁判所(1973);彼得斯,爱德华,宗教裁判所(1988年,1989年再版);罗斯,塞西尔,西班牙宗教裁判所(1938年再版。 1987年);韦克菲尔德,沃尔特属,异端,十字军东征,和宗教裁判所(1974年),1100至1250年在法国南部。


Catholic Information天主教信息

(Latin inquirere, to look to).(拉丁美洲inquirere,把眼光)。

By this term is usually meant a special ecclesiastical institution for combating or suppressing heresy.通过这个词通常意味着一个特殊的教会机构,为打击或压制异端。Its characteristic mark seems to be the bestowal on special judges of judicial powers in matters of faith, and this by supreme ecclesiastical authority, not temporal or for individual cases, but as a universal and permanent office.其特点的标志似乎特别法官在信仰方面的司法权力的恩赐,和最高的教会权威,没有时间或个别情况下,作为一项普遍的,永久的办公室,但。 Moderns experience difficulty in understanding this institution, because they have, to no small extent, lost sight of two facts.现代人的经验了解这个机构的困难,因为他们有不小的程度上,失去了两个事实的视线。

On the one hand they have ceased to grasp religious belief as something objective, as the gift of God, and therefore outside the realm of free private judgment; on the other they no longer see in the Church a society perfect and sovereign, based substantially on a pure and authentic Revelation, whose first most important duty must naturally be to retain unsullied this original deposit of faith.一方面,他们已不再作为上帝的恩赐,因此不在免费私人判断的境界,掌握一些客观的宗教信仰;另一方面,他们再也看不到在教会一个社会的理想和主权,根据大幅上一个纯粹和正宗的启示,其最重要的职责,自然必须保留污点这种信仰的原始存款。 Before the religious revolution of the sixteenth century these views were still common to all Christians; that orthodoxy should be maintained at any cost seemed self-evident.前十六世纪宗教革命,这些意见仍然共同所有的基督徒,应不惜任何代价维护正统似乎不言自明的。

However, while the positive suppression of heresy by ecclesiastical and civil authority in Christian society is as old as the Church, the Inquisition as a distinct ecclesiastical tribunal is of much later origin.然而,尽管积极抑制的异端,由教会和民间基督教社会中的权威是教会的旧,作为一个独特的宗教法庭的宗教裁判所是许多后来的原产地。 Historically it is a phase in the growth of ecclesiastical legislation, whose distinctive traits can be fully understood only by a careful study of the conditions amid which it grew up.从历史上看,它是一个在教会的立法,可以充分理解只有通过仔细研究中它长大的条件的鲜明特征的增长阶段。Our subject may, therefore, be conveniently treated as follows:因此,很方便我们的主题,可如下处理:

I. The Suppression of Heresy during the first twelve Christian centuries;一,制止基督教在第一个12世纪的异端;

II.二。The Suppression of Heresy by the Institution known as the Inquisition under its several forms:禁止的异端,作为侦查机构根据其几种形式:

(A) The Inquisition of the Middle Ages;(一)中世纪的宗教裁判所;

(B) The Inquisition in Spain;(二)在西班牙的宗教裁判所;

(C) The Holy Office at Rome.(c)在罗马教廷办公室。


(1) Though the Apostles were deeply imbued with the conviction that they must transmit the deposit of the Faith to posterity undefiled, and that any teaching at variance with their own, even if proclaimed by an angel of Heaven, would be a culpable offense, yet St. Paul did not, in the case of the heretics Alexander and Hymeneus, go back to the Old Covenant penalties of death or scourging (Deuteronomy 13:6 sqq.; 17:1 sqq.), but deemed exclusion from the communion of the Church sufficient (1 Timothy 1:20; Titus 3:10). (1)使徒虽然被深深浸透着信念,即他们必须传送存款的信仰后人玷污,和任何与自己不一致的教学,即使是天上来的使者宣布,将是一个有罪的罪行,然而,圣保罗的异端亚历山大和Hymeneus的情况下,没有,回去死亡或鞭打(申命记13:6 SQQ。17:1 SQQ)旧约处罚,但认为从共融的排斥教会足够的(提摩太前书1:20;提多书3:10)。In fact to the Christians of the first three centuries it could scarcely have occurred to assume any other attitude towards those who erred in matters of faith.事实上前三世纪的基督徒,它几乎可以承担任何其他对那些在信仰方面是错误的态度时有发生。Tertullian (Ad. Scapulam, c. ii) lays down the rule:特土良(Ad. Scapulam,C.二)订定的规则:

Humani iuris et naturalis potestatis, unicuique quod putaverit colere, nec alii obest aut prodest alterius religio.宜乌利斯等naturalis potestatis,人道unicuique狴putaverit colere,NEC alii obest引渡prodest alterius religio。Sed nec religionis est religionem colere, quae sponte suscipi debeat, non vi.桑达NEC religionis EST religionem colere quae sponte suscipi debeat,非VI。

In other words, he tells us that the natural law authorized man to follow only the voice of individual conscience in the practice of religion, since the acceptance of religion was a matter of free will, not of compulsion.换句话说,他告诉我们,自然法律授权的人只有在宗教实践的个人良心的声音,因为接受宗教的自由意志的问题,而不是强迫。 Replying to the accusation of Celsus, based on the Old Testament, that the Christians persecuted dissidents with death, burning, and torture, Origen (C. Cels., VII, 26) is satisfied with explaining that one must distinguish between the law which the Jews received from Moses and that given to the Christians by Jesus; the former was binding on the Jews, the latter on the Christians.答复塞尔苏斯,根据旧约的指控,基督徒受迫害的持不同政见者死亡,燃烧,和酷刑,奥利(三CELS,七,26)是满意解释,我们必须区分法律犹太人收到摩西和耶稣基督徒;前者有约束力,对犹太人,基督徒后者。 Jewish Christians, if sincere, could no longer conform to all of the Mosaic law; hence they were no longer at liberty to kill their enemies or to burn and stone violators of the Christian Law.犹太基督徒,如果真诚,不再符合所有的镶嵌法,因此,他们不再随意杀死他们的敌人或烧伤和基督教的“石头违反。

St. Cyprian of Carthage, surrounded as he was by countless schismatics and undutiful Christians, also put aside the material sanction of the Old Testament, which punished with death rebellion against priesthood and the Judges.圣塞浦路斯的迦太基,包围了他无数schismatics和undutiful基督徒,也放下了旧约的材料,这与死亡叛乱,对神职人员和法官处罚制裁。 "Nunc autem, quia circumcisio spiritalis esse apud fideles servos Dei coepit, spiritali gladio superbi et contumaces necantur, dum de Ecclesia ejiciuntur" (Ep. lxxii, ad Pompon., n. 4) religion being now spiritual, its sanctions take on the same character, and excommunication replaces the death of the body.“NUNC autem,quia circumcisio spiritalis ESSE APUD fideles舵机之coepit,spiritali gladio superbi等contumaces necantur,宗教达姆DE Ecclesia的ejiciuntur”(插曲LXXII,广告蓬蓬,N. 4)现在的精神,其制裁采取在同一性格,被逐出教会取代了死亡的身体。Lactantius was yet smarting under the scourge of bloody persecutions, when he wrote this Divine Institutes in AD 308.拉克唐修下的血腥迫害的灾难还记忆犹新,当他写于公元308的这神圣的学院。Naturally, therefore, he stood for the most absolute freedom of religion.当然,因此,他站在宗教的最绝对的自由。He writes:他写道:

Religion being a matter of the will, it cannot be forced on anyone; in this matter it is better to employ words than blows [verbis melius quam verberibus res agenda est].宗教会的事,它不能强迫任何人在这个问题上最好是聘请比打击[verbis melius华富嘉洛verberibus RES议程EST]的话。Of what use is cruelty?有什么用是残酷?What has the rack to do with piety?有什么机架做虔诚?Surely there is no connection between truth and violence, between justice and cruelty .毫无疑问,是正义与残酷,没有真理和暴力之间的连接。...It is true that nothing is so important as religion, and one must defend it at any cost [summâ vi] .这是事实,什么是作为宗教的重要,必须捍卫它不惜任何代价[大全VI]。..It is true that it must be protected, but by dying for it, not by killing others; by long-suffering, not by violence; by faith, not by crime.这是事实,它必须得到保护,但为它而死,不杀害他人;长期遭受苦难的,不是通过暴力或信仰,而不是由犯罪。If you attempt to defend religion with bloodshed and torture, what you do is not defense, but desecration and insult.如果你试图保卫宗教流血和酷刑,你做什么的不是防守,而​​是亵渎和侮辱。For nothing is so intrinsically a matter of free will as religion.所以本质上对于什么是宗教的自由意志问题。(Divine Institutes V:20) (神学院五:20)

The Christian teachers of the first three centuries insisted, as was natural for them, on complete religious liberty; furthermore, they not only urged the principle that religion could not be forced on others -- a principle always adhered to by the Church in her dealings with the unbaptised -- but, when comparing the Mosaic Law and the Christian religion, they taught that the latter was content with a spiritual punishment of heretics (ie with excommunication), while Judaism necessarily proceeded against its dissidents with torture and death.前三世纪的基督徒教师坚持,他们自然是,完整的宗教信仰自由;此外,他们不仅敦促,宗教不能被别人强迫的原则 - 由教会在她的交易始终坚持一个原则unbaptised - 但是,当比较镶嵌法和基督教,他们告诉我们,后者是内容与精神惩罚异教徒(即与被逐出教会),而犹太教一定反对酷刑和死亡的持不同政见者进行。

(2) However, the imperial successors of Constantine soon began to see in themselves Divinely appointed "bishops of the exterior", ie masters of the temporal and material conditions of the Church. (2)然而,康斯坦丁帝国的接班人很快就开始在自己看到神任命“主教的外表”,即教会的时间和物质条件的主人。At the same time they retained the traditional authority of "Pontifex Maximus", and in this way the civil authority inclined, frequently in league with prelates of Arian tendencies, to persecute the orthodox bishops by imprisonment and exile.与此同时,他们保留的“教皇的Maximus”传统权威,并在这样的民间权威的倾向,经常在联赛与主教的阿里安倾向,迫害,监禁和流放东正教会主教。 But the latter, particularly St. Hilary of Poitiers (Liber contra Auxentium, c. iv), protested vigorously against any use of force in the province of religion, whether for the spread of Christianity or for preservation of the Faith.但后者,尤其是圣希拉里普瓦捷(LIBER禁忌Auxentium,C. IV),强烈抗议反对使用任何武力在省宗教,无论是为传播基​​督教或保存的信念。They repeatedly urged that in this respect the severe decrees of the Old Testament were abrogated by the mild and gentle laws of Christ.他们一再呼吁,在这方面的严重的法令是由基督的温和,温和的法律废除旧约。However, the successors of Constantine were ever persuaded that the first concern of imperial authority (Theodosius II, "Novellae", tit. III, AD 438) was the protection of religion and so, with terrible regularity, issued many penal edicts against heretics.然而,康斯坦丁的接班人不断说服帝国权威(狄奥多西二世,“Novellae”,针锋相对。三,公元438),首先关心的是宗教的保护等,与可怕的规律性,发出许多刑事法令对异教徒。 In the space of fifty seven years sixty-eight enactments were thus promulgated.在57年的空间,因此颁布六十八个成文法。 All manner of heretics were affected by this legislation, and in various ways, by exile, confiscation of property, or death.所有异教徒的方式通过这条法例的影响,并以各种方式,流放,没收财产,或死亡。A law of 407, aimed at the traitorous Donatists, asserts for the first time that these heretics ought to be put on the same plane as transgressors against the sacred majesty of the emperor, a concept to which was reserved in later times a very momentous role.一个407的法律,目的是在卖国多纳徒,声称这些异教徒对皇帝的神圣威严,这是在后来的时候保留一个非常重大的作用的概念应该是放在同一平面上为违规首次。 The death penalty however, was only imposed for certain kinds of heresy; in their persecution of heretics the Christian emperors fell far short of the severity of Diocletian, who in 287 sentenced to the stake the leaders of the Manichæans, and inflicted on their followers partly the death penalty by beheading, and partly forced labor in the government mines.死刑,但是,只是对某些种类的异端迫害异端基督教皇帝戴克里先,他在287判处股份摩尼教的领导人的严重程度远远短,和他们的追随者造成部分斩首,部分被迫在政府的地雷的劳动死刑。

So far we have been dealing with the legislation of the Christianized State.到目前为止,我们已处理的基督教国家的立法。In the attitude of the representatives of the Church towards this legislation some uncertainty is already noticeable.一些不确定性,在实现这一立法的教会代表的态度已经明显。At the close of the forth century, and during the fifth, Manichaeism, Donatism, and Priscillianism were the heresies most in view.在来回世纪的结束,并在第五,摩尼教,Donatism,Priscillianism最视图中的异端邪说。 Expelled from Rome and Milan, the Manichaeism sought refuge in Africa.驱逐,从罗马和米兰的摩尼教在非洲寻求避难。Though they were found guilty of abominable teachings and misdeeds (St. Augustine, De haeresibus", no. 46), the Church refused to invoke the civil power against them; indeed, the great Bishop of Hippo explicitly rejected the use force. He sought their return only through public and private acts of submission, and his efforts seem to have met with success. Indeed, we learn from him that the Donatists themselves were the first to appeal to the civil power for protection against the Church. However, they fared like Daniel's accusers: the lions turned upon them. State intervention not answering to their wishes, and the violent excesses of the Circumcellions being condignly punished, the Donatists complained bitterly of administrative cruelty. St. Optatus of Mileve defended the civil authority (De Schismate Donatistarum, III, cc. 6-7) as follows:虽然他们被发现犯了恶劣的教义和劣迹斑斑(圣奥古斯丁,haeresibus“,没有46),教会拒绝对他们的调用民间力量,事实上,伟大的主教河马明确拒绝使用武力,他所追求。他们的回归,似乎只是提交通过公共和私人行为,和他的努力已经取得了成功。事实上,我们向他学习,多纳徒自己是第一个对教会的保护,呼吁公务员的权力,但他们表现像丹尼尔的控告。石狮转向国家干预不回答他们的意愿,并condignly处罚Circumcellions的暴力过激行为,多纳徒抱怨行政残酷痛苦圣Optatus的Mileve辩护,民事当局(Schismate Donatistarum第三,CC 6-7)如下:

. though it were not permitted to come forward as avengers of God, and to pronounce sentence of death! ,就好像是不允许挺身而出,作为上帝的复仇者,发音判处死刑!...But, say you, the State cannot punish in the name of God.但是,说你的,国家不能在上帝的名义惩罚。Yet was it not in the name of God that Moses and Phineas consigned to death the worshippers of the Golden Calf and those who despised the true religion?然而,是不是在上帝的名义,摩西和菲尼亚斯寄售的金牛犊死亡的信徒和那些鄙视的真正的宗教吗?

This was the first time that a Catholic bishop championed a decisive cooperation of the State in religious questions, and its right to inflict death on heretics.这是第一次,一个天主教主教倡导的一个决定性的合作,国家在宗教问题和对异端的权利造成死亡。For the first time, also, the Old Testament was appealed to, though such appeals had been previously rejected by Christian teachers.这是第一次,也是旧约呼吁,尽管这种上诉先前已经拒绝基督徒教师。

St. Augustine, on the contrary, was still opposed to the use of force, and tried to lead back the erring by means of instruction; at most he admitted the imposition of a moderate fine for refractory persons.相反,圣奥古斯丁,仍然反对使用武力,并试图导致犯错误的手段,最他承认难治性的人征收的一个温和的罚款。Finally, however, he changed his views, whether moved thereto by the incredible excesses of the Circumcellions or by the good results achieved by the use of force, or favoring force through the persuasions of other bishops.最后,然而,他改变了他的意见,是否移动及其Circumcellions不可思议的过激行为,或使用武力取得了良好的成果,或有利于通过其他主教的信仰的力量。 Apropos of his apparent inconsistency it is well to note carefully whom he is addressing.他明显不一致的中肯,它是注意他解决。He appears to speak in one way to government officials, who wanted the existing laws carried out to their fullest extent, and in another to the Donatists, who denied to the State any right of punishing dissenters.他出现在发言的政府官员,希望现有的法律进行,以最大程度,并在另一个多纳徒,谁否认该国的任何惩罚持不同政见者的权利的一种方式。 In his correspondence with state officials he dwells on Christian charity and toleration, and represents the heretics as straying lambs, to be sought out and perhaps, if recalcitrant chastised with rods and frightened with threats of severer but not to be driven back to the fold by means of rack and sword .他在他的书信与州政府官员中谈到基督教的慈善机构和容忍,并代表误入羔羊异端,要寻找,也许,如果顽抗惩戒棒,用严厉的威胁所吓倒,但不被逼退的褶皱机架和剑的手段。 On the other hand, in his writings against the Donatists he upholds the rights of the State: sometimes, he says, a salutary severity would be to the interest of the erring ones themselves and likewise protective of true believers and the community at large (Vacandard, 1. c., pp. 17-26).另一方面,在他的著作对多纳徒中,他维护国家的权利:有时,他说,一个有益的严重性,对犯错误的自己和真正的信徒和​​社会的保护同样大(Vacandard的利益C. 1,第17-26页)。

As to Priscillianism, not a few points remain yet obscure, despite recent valuable researches.Priscillianism,不是几点仍然尚未晦涩,尽管最近的有价值的研究。It seems certain, however, that Priscillian, Bishop of Avila in Spain, was accused of heresy and sorcery, and found guilty by several councils.然而,似乎可以肯定,普里西利安,在西班牙阿维拉主教,被指控的异端和巫术,并发现几个议会有罪。St. Ambrose at Milan and St. Damascus at Rome seem to have refused him a hearing.在米兰和罗马的圣在大马士革的圣刘汉铨似乎已经拒绝了他的听证会。At length he appealed to Emperor Maximus at Trier, but to his detriment, for he was there condemned to death.最后,他呼吁皇帝鲆在特里尔,但对他不利,他在那里被判处死刑。Priscillian himself, no doubt in full consciousness of his own innocence, had formerly called for repression of the Manichæans by the sword.普里西利安自己,毫无疑问在他自己的清白意识,以前被称为剑摩尼教的镇压。But the foremost Christian teachers did not share these sentiments, and his own execution gave them occasion for a solemn protest against the cruel treatment meted out to him by the imperial government.但最重要的基督教教师没有分享这些观点,和他自己的执行给了他们一个残忍的待遇,对帝国政府对他判处的严正抗议之际。 St. Martin of Tours, then at Trier, exerted himself to obtain from the ecclesiastical authority the abandonment of the accusation, and induced the emperor to promise that on no account would he shed the blood of Priscillian, since ecclesiastical deposition by the bishops would be punishment enough, and bloodshed would be opposed to the Divine Law (Sulpicius Severus, "Chron.", II, in PL, XX, 155 sqq.; and ibid., "Dialogi", III, col.217).圣马田旅游,然后在特里尔,施加自己的教会权威取得放弃指控,并诱导皇帝的承诺,没有帐户,将他流下普里西利安血液,由主教自教会沉积将神圣的法律(Sulpicius西弗勒斯,处罚力度不够,和流血将反对,二,在PL,XX,155 SQQ“专栏。”;和同上,“Dialogi”,三,col.217)。After the execution he strongly blamed both the accusers and the emperor, and for a long time refused to hold communion with such bishops as had been in any way responsible for Priscillian's death.执行后,他强烈指责的控告和皇帝,很长一段时间拒绝举行这样的主教共融,如以任何方式为普里西利安的死亡负责。The great Bishop of Milan, St. Ambrose, described that execution as a crime.伟大的米兰,圣刘汉铨,主教作为犯罪执行。

Priscillianism, however, did not disappear with the death of its originator; on the contrary, it spread with extraordinary rapidly, and, through its open adoption of Manichaeism, became more of a public menace than ever. Priscillianism,但是,并没有消失,其发端死亡;相反,它非凡的迅速蔓延,并通过其开放的摩尼教通过,成为公众的威胁比以往任何时候都多。 In this way the severe judgments of St. Augustine and St. Jerome against Priscillianism become intelligible.在这样的圣奥古斯丁和圣杰罗姆严重打击Priscillianism判断成为可理解的。In 447 Leo the Great had to reproach the Priscillianists with loosening the holy bonds of marriage, treading all decency under foot, and deriding all law, human and Divine. 447利奥大松动婚姻的神圣债券,所有正派踩在脚下,并嘲弄一切法律,人力和神圣的责备Priscillianists。It seemed to him natural that temporal rulers should punish such sacrilegious madness, and should put to death the founder of the sect and some of his followers.在他看来,自然颞统治者应该惩罚这种亵渎疯狂,并应置于死地该教派的创始人和他的一些追随者。He goes on to say that this redounded to the advantage of the Church: "quae etsi sacerdotali contenta iudicio, cruentas refugit ultiones, severis tamen christianorum principum constitutionibus adiuratur, dum ad spiritale recurrunt remedium, qui timent corporale supplicium" - though the Church was content with a spiritual sentence on the part of its bishops and was averse to the shedding of blood, nevertheless it was aided by the imperial severity, inasmuch as the fear of corporal punishment drove the guilty to seek a spiritual remedy (Ep. xv ad Turribium; PL, LIV, 679 sq.).他接着说,这redounded教会的优势:“quae ETSI sacerdotali contenta iudicio,cruentas refugit ultiones,severis tamen christianorum principum constitutionibus adiuratur,达姆广告spiritale recurrunt补位,归仁timent corporale supplicium” - 虽然教会的内容对部分主教的精神一句是反对流血,然而,它帮助帝国的严重性,因为体罚的恐惧驱使有罪寻求一种精神的补救措施(插曲第十五广告Turribium; PL,LIV,679平方米)。

The ecclesiastical ideas of the first five centuries may be summarized as follows:的第一个五年世纪教会的思想可概括如下:

the Church should for no cause shed blood (St. Augustine, St. Ambrose, St. Leo I, and others); other teachers, however, like Optatus of Mileve and Priscillian, believed that the State could pronounce the death penalty on heretics in case the public welfare demanded it; the majority held that the death penalty for heresy, when not civilly criminal, was irreconcilable with the spirit of Christianity.教会应该没有理由棚血(圣奥古斯丁,圣刘汉铨,圣利奥我和其他人),其他教师,但是,像Mileve和普里西利安Optatus,认为国家可以在发音上的异端死刑情况下,公共福利要求,多数人认为,死刑为异端邪说,当民事刑事,精神与基督教势不两立。

St. Augustine (Ep. c, n. 1), almost in the name of the western Church, says: "Corrigi eos volumus, non necari, nec disciplinam circa eos negligi volumus, nec suppliciis quibus digni sunt exerceri" - we wish them corrected, not put to death; we desire the triumph of (ecclesiastical) discipline, not the death penalties that they deserve.圣奥古斯丁(插曲C,1),几乎在西方教会的名称,说:“Corrigi EOS volumus,非necari,NEC disciplinam大约EOS negligi volumus,NEC suppliciis quibus digni必须遵守exerceri” - 我们希望他们纠正,而不是置于死地;我们渴望的胜利(教会)的纪律,而不是他们应得的死刑。St. John Chrysostom says substantially the same in the name of the Eastern Church (Hom., XLVI, c. i): "To consign a heretic to death is to commit an offence beyond atonement"; and in the next chapter he says that God forbids their execution, even as He forbids us to uproot cockle, but He does not forbid us to repel them, to deprive them of free speech, or to prohibit their assemblies.大幅圣约翰金口说在东方教会(Hom.,四十六,C.我)的名称是相同的:“委托死刑,一个邪教组织,是超越赎罪承诺,即属犯罪”,并在下一章他说,上帝禁止其执行,甚至为他禁止我们铲除拾贝,但他并没有禁止我们击退他们,剥夺他们的言论自由,或禁止他们集会。 The help of the "secular arm" was therefore not entirely rejected; on the contrary, as often as the Christian welfare, general or domestic, required it, Christian rulers sought to stem the evil by appropriate measures.基督教统治者的“世俗手臂”的帮助下,因此不能完全拒绝,相反,经常作为基督教福利,一般或国内需要它,寻求通过适当措施,以遏止邪恶。 As late the seventh century St. Isidore of Seville expresses similar sentiments (Sententiarum, III, iv, nn. 4-6).晚七世纪的塞维利亚圣伊西多尔表达了类似的观点(Sententiarum,三,四,中午4-6)。

How little we are to trust the vaunted impartiality of Henry Charles Lee, the American historian of the Inquisition, we may here illustrate by an example.如何,我们是信任的宗教裁判所的美国历史学家亨利李业广,自诩公正,我们可以在这里通过一个例子来说明。In his "History of the Inquisition in the Middle Ages" (New York, 1888, I, 215), He closes this period with these words:在他的“在中世纪的宗教裁判所的历史”(纽约,1888年,我,215),他关闭这一时期用这句话:

It was only sixty-two years after the slaughter of Priscillian and his followers had excited so much horror, that Leo I, when the heresy seemed to be reviving in 447, not only justified the act, but declared that, if the followers of a heresy so damnable were allowed to live, there would be an end to human and Divine law.这是屠宰普里西利安和他的追随者曾兴奋这么多恐怖,只有六十两年后,狮子座的我,当异端似乎要恢复447,不仅证明的行为,但宣称,如果一个追随者异端所以该死的生活,将会有一个对人类和神圣的法律。 The final step had been taken and the church was definitely pledged to the suppression of heresy at any cost.已采取的最后一步,和教会的绝对承诺将不惜任何代价的异端的镇压。It is impossible not to attribute to ecclesiastical influence the successive edicts by which, from the time of Theodosius the Great, persistence in heresy was punished with death.这是不可能不连续法令,从大,在异端的持久性被处以死刑的狄奥多西时间属性教会的影响力。

In these lines Lee has transferred to the pope words employed by the emperor.李在这些线路已转移到教皇皇帝雇用的话。Moreover, it is simply the exact opposite of historical truth to assert that the imperial edicts punishing heresy with death were due to ecclesiastical influence, since we have shown that in this period the more influential ecclesiastical authorities declared that the death penalty was contrary to the spirit of the Gospel, and themselves opposed its execution.此外,它是简单的历史真相断言的皇家法令,惩治异端与死亡是由于教会的影响正好相反,因为我们已经表明,在这一时期较有影响力的教会当局宣布死刑的精神相违背的福音,和自己反对它的执行。 For centuries this was the ecclesiastical attitude both in theory and in practice.这是几个世纪以来,无论在理论上还是在实践中教会的态度。Thus, in keeping with the civil law, some Manichæans were executed at Ravenna in 556.因此,在保持与民法,一些摩尼教在拉文纳被处决556。On the other hand.另一方面。 Elipandus of Toledo and Felix of Urgel, the chiefs of Adoptionism and Predestinationism, were condemned by councils, but were otherwise left unmolested.托莱多和Felix Urgel,Adoptionism和Predestinationism酋长,Elipandus由议会谴责,但否则左不受干扰。We may note, however, that the monk Gothescalch, after the condemnation of his false doctrine that Christ had not died for all mankind, was by the Synods of Mainz in 848 and Quiercy in 849 sentenced to flogging and imprisonment, punishments then common in monasteries for various infractions of the rule.然而,我们可能会注意到,和尚Gothescalch,谴责他的假学说,基督没有为全人类死亡后,美因茨主教会议的848和Quiercy判处849鞭刑和监禁,处罚,然后在寺院中常见对各种违规行为的规则。

(3) About the year 1000 Manichæans from Bulgaria, under various names, spread over Western Europe.(3)关于1000年摩尼教从保加利亚,名目繁多,超过西欧蔓延。They were numerous in Italy, Spain, Gaul and Germany.他们纷纷扬扬,在意大利,西班牙,高卢和德国。Christian popular sentiment soon showed itself adverse to these dangerous sectaries, and resulted in occasional local persecutions, naturally in forms expressive of the spirit of the age.基督教民众的情绪很快就显示出这些危险sectaries本身不利,自然在表现时代精神的形式,导致偶尔当地迫害。In 1122 King Robert the Pious (regis iussu et universae plebis consensu), "because he feared for the safety of the kingdom and the salvation of souls" had thirteen distinguished citizens, ecclesiastic and lay, burnt alive at Orléans.在1122国王罗伯特的虔诚(寄存器iussu等universae plebis consensu),“因为他担心王国的安全和拯救灵魂”,有13个杰出公民,教会打下,烧毁活在奥尔良。Elsewhere similar acts were due to popular outbursts.其他地方的类似行为,因为流行爆发。A few years later the Bishop of Châlons observed that the sect was spreading in his diocese, and asked of Wazo, Bishop of Liège, advice as to the use of force: "An terrenae potestatis gladio in eos sit animadvertendum necne" ("Vita Wasonis", cc. xxv, xxvi, in PL, CXLII, 752; "Wazo ad Roger. II, episc. Catalaunens", and "Anselmi Gesta episc. Leod." in "Mon. Germ. SS.", VII, 227 sq.).几年后的观察,该教派是散布在他的教区,Wazo问,列日的主教,使用武力的建议沙隆主教:“一个terrenae potestatis gladio EOS坐在animadvertendum necne”(“维塔Wasonis “CC十五,十六,在PL,CXLII,752;”。。Wazo广告罗杰二世,episc Catalaunens“,和”Anselmi Gesta episc Leod“中的”星期一胚芽党卫军“,第七章,227平方米。 。)Wazo replied that this was contrary to the spirit of the Church and the words of its Founder, Who ordained that the tares should be allowed to grow with the wheat until the day of the harvest, lest the wheat be uprooted with the tares; those who today were tares might to-morrow be converted, and turn into wheat; let them therefore live, and let mere excommunication suffice. Wazo回答,这是违背了教会的精神和它的创始人,谁受戒,稗子,应允许一起成长,直到一天的收获的小麦,以免小麦被连根拔起的稗子的话,那些今天是稗子,明天可能被转换,并转入小麦,因此,让他们生活,和足以让仅仅被逐出教会。 St. Chrysostom, as we have seen, had taught similar doctrine.金口街,正如我们所看到的,有教类似的学说。This principle could not be always followed.不能始终遵循这一原则。Thus at Goslar, in the Christmas season of 1051, and in 1052, several heretics were hanged because Emperor Henry III wanted to prevent the further spread of "the heretical leprosy."因此,在戈斯拉尔,在圣诞节销售旺季的1051中,并在1052,几个异端者忌用,因为皇帝亨利三世要防止进一步蔓延的“邪教的麻风病。” A few years later, in 1076 or 1077, a Catharist was condemned to the stake by the Bishop of Cambrai and his chapter.几年后,在1076或1077,Catharist谴责股权由康布雷和他的章主教。Other Catharists, in spite of the archbishop's intervention, were given their choice by the magistrates of Milan between doing homage to the Cross and mounting the pyre.其他Catharists,尽管大主教的干预,给予裁判米兰之间做朝拜十字架和安装的柴堆自己的选择。By far the greater number chose the latter.到目前为止,更多的选择了后者。In 1114 the Bishop of Soissons kept sundry heretics in durance in his episcopal city.在1114苏瓦松主教保持在迪朗斯各式各样的异端,在他的主教城市。But while he was gone to Beauvais, to ask advice of the bishops assembled there for a synod the "believing folk, fearing the habitual soft-heartedness of ecclesiastics (clericalem verens mollitiem), stormed the prison took the accused outside of town, and burned them.但是,当他去博韦,问主教会议“相信民间有组装的主教的建议,担心习惯性的神职人员软善良(clericalem verens mollitiem),冲进监狱了镇的指责外,并烧毁他们。

The people disliked what to them was the extreme dilatoriness of the clergy in pursuing heretics.人们不喜欢他们的神职人员在追求异端的极端迟缓。In 1144 Adalerbo II of Liège hoped to bring some imprisoned Catharists to better knowledge through the grace of God, but the people, less indulgent, assailed the unhappy creatures and only with the greatest trouble did the bishop succeed in rescuing some of them from death by fire.在1144 Adalerbo列日二希望带来一些被监禁的Catharists更好地了解通过上帝的恩典,但人,少放纵,抨击不满的生物,只有用最大的麻烦没有成功地从死亡中挽救他们中的一些主教火灾。 A like drama was enacted about the same time at Cologne, while the archbishop and the priests earnestly sought to lead the misguided back into the Church, the latter were violently taken by the mob (a populis nimio zelo abreptis) from the custody of the clergy and burned at the stake.像戏剧颁布了关于在科隆的同时,而大主教和教士认真寻求到教会带领误导回,后者则是暴力采取的暴徒从保管的神职人员(populis nimio zelo abreptis)火刑。The best-known heresiarchs of that time, Peter of Bruys and Arnold of Brescia, met a similar fate -- the first on the pyre as a victim of popular fury, and the latter under the henchman's axe as a victim of his political enemies.当时最有名的heresiarchs,彼得Bruys和阿诺德,布雷西亚遇到了类似的命运 - 柴堆上流行愤怒的受害者,后者为他的政治敌人的受害者和心腹的斧头下。

In short, no blame attaches to the Church for her behavior towards heresy in those rude days.总之,没有责怪的重视,对异端的行为,在那些粗鲁的日子里,教会她。Among all the bishops of the period, so far as can be ascertained, Theodwin of Liège, successor of the aforesaid Wazo and predecessor of Adalbero II, alone appealed to the civil power for the punishment of heretics, and even he did not call for the death penalty, which was rejected by all.期间在所有的主教,至今可确定,Theodwin列日,上述Wazo Adalbero第二前身的继任者,仅呼吁民间力量为异端的惩罚,甚至他没有呼吁死刑,这是所有的拒绝。who were more highly respected in the twelfth century than Peter Canter, the most learned man of his time, and St. Bernard of Clairvaux?谁是更备受推崇在12世纪,比慢跑,他那个时代最有学问的人,彼得和圣克莱尔沃伯纳德? The former says ("Verbum abbreviatum", c. lxxviii, in PL, CCV, 231):前者说(“Verbum abbreviatum”,C. LXXVIII PL,CCV,231):

Whether they be convicted of error, or freely confess their guilt, Catharists are not to be put to death, at least not when they refrain from armed assaults upon the Church.无论是犯的错误,或自由承认他们有罪,Catharists不被处死,至少不会当他们呼吁教会不要武装袭击。For although the Apostle said, A man that is a heretic after the third admonition, avoid, he certainly did not say, Kill him.虽然使徒说,一个男人,是一个邪教组织后的第三个告诫,避免,他肯定没有说,杀了他。Throw them into prison, if you will, but do not put them to death (cf. Geroch von Reichersberg, "De investigatione Antichristi III", 42).他们投入监狱,如果你会,但不把他们的死亡(参Geroch冯Reichersberg,“德investigatione Antichristi三”,42)。

So far was St. Bernard from agreeing with the methods of the people of Cologne, that he laid down the axiom: Fides suadenda, non imponenda (By persuasion, not by violence, are men to be won to the Faith).到目前为止,圣伯纳德同意与科隆人,他放下公理的方法:惹人suadenda,非imponenda(说服,不是通过暴力,赢得信仰的人)。 And if he censures the carelessness of the princes, who were to blame because little foxes devastated the vineyard, yet he adds that the latter must not be captured by force but by arguments (capiantur non armis, sed argumentis); the obstinate were to be excommunicated, and if necessary kept in confinement for the safety of others (aut corrigendi sunt ne pereant, aut, ne perimant, coercendi).而如果他指责的诸侯,他们应该受到谴责,因为小狐狸毁坏了葡萄园,但他补充说,后者不得通过武力,而是通过参数(capiantur非armis,SED argumentis)捕获的疏忽;顽固要驱逐,如有必要,在关押他人的安全(AUT corrigendi必须遵守NE pereant,AUT,NE perimant,coercendi)。(See Vacandard, 1. c., 53 sqq.) The synods of the period employ substantially the same terms, eg the synod at Reims in 1049 under Leo IX, that at Toulouse in 1119, at which Callistus II presided, and finally the Lateran Council of 1139.(见Vacandard,1。C.,53 SQQ。)主教会议期间采用大致相同的条款,例如在兰斯主教在1049利奥九,在图卢兹在1119卡利斯图斯二世主持,并最后1139拉特兰会议。

Hence, the occasional executions of heretics during this period must be ascribed partly to the arbitrary action of individual rulers, partly to the fanatic outbreaks of the overzealous populace, and in no wise to ecclesiastical law or the ecclesiastical authorities.因此,在此期间偶尔处决异端必须将部分归因于个别统治者的任意行为,部分原因是过分热心的民众的狂热爆发,和在没有明智的教会法或教会当局。 There were already, it is true, canonists who conceded to the Church the right to pronounce sentence of death on heretics; but the question was treated as a purely academic one, and the theory exercised virtually no influence on real life.现已有,这是事实,圣教法典承认教会正确的发音句异端死亡;但问题是作为一个纯粹的学术治疗,和理论运用在现实生活中几乎没有影响。 Excommunication, proscription, imprisonment, etc., were indeed inflicted, being intended rather as forms of atonement than of real punishment, but never the capital sentence.逐出教会,禁制,监禁等,的确造成的,而是赎罪的形式,而不是真正的惩罚,但从来没有死刑判决。The maxim of Peter Cantor was still adhered to: "Catharists, even though divinely convicted in an ordeal, must not be punished by death."仍坚持彼得康托的格言是:“Catharists,即使神圣的磨难而被定罪,必须不被处以死刑。”

In the second half of the twelfth century, however, heresy in the form of Catharism spread in truly alarming fashion, and not only menaced the Church's existence, but undermined the very foundations of Christian society.然而,在十二世纪下半年,Catharism形式异端在真正惊人的方式传播,不仅威胁着教会的存在,但削弱基督教社会的根基。 In opposition to this propaganda there grew up a kind of prescriptive law - at least throughout Germany, France, and Spain - which visited heresy with death by the flames.在反对这种宣传有成长起来的一种指令性的法律 - 至少在整个德国,法国和西班牙 - 访问与死亡的火焰异端。England on the whole remained untainted by heresy.英国仍然对整个异端污点。When, in 1166, about thirty sectaries made their way thither, Henry II ordered that they be burnt on their foreheads with red-hot iron, be beaten with rods in the public square, and then driven off.时,1166年,大约有30个sectaries作出自己的方式上去,亨利二世下令他们用烧红的铁的额头上,他们被烧毁,在市民广场的棒殴打,然后赶走。 Moreover, he forbade anyone to give them shelter or otherwise assist them, so that they died partly from hunger and partly from the cold of winter.此外,他不准任何人给他们的住房或以其他方式协助他们,使他们免于饥饿和部分从寒冷的冬天部分死亡。Duke Philip of Flanders, aided by William of the White Hand, Archbishop of Reims, was particularly severe towards heretics.法兰德斯公爵菲利普,兰斯大主教威廉的白色手,资助,特别是对严重的异端。They caused many citizens in their domains, nobles and commoners, clerics, knights, peasants, spinsters, widows, and married women, to be burnt alive, confiscated their property, and divided it between them.他们造成了不少市民,他们的域名,贵族和平民,教士,骑士,农民,老处女,寡妇,和已婚妇女被活活烧死的,没收他们的财产,和它们之间的划分。 This happened in 1183.这发生在1183。

Between 1183 and 1206 Bishop Hugo of Auxerre acted similarly towards the neo-Mainchaeans.在1183和1206欧塞尔雨果主教担任同样迈向新Mainchaeans。Some he despoiled; the others he either exiled or sent to the stake.一些他掠夺别人,他要么被放逐或发送到股权。King Philip Augustus of France had eight Catharists burnt at Troyes in 1200, one at Nevers in 1201, several at Braisne-sur-Vesle in 1204, and many at Paris -- "priests, clerics, laymen, and women belonging to the sect".法国国王腓力奥古斯都在1200 8 Catharists特鲁瓦烧毁,于1201年,在Nevers的几个Braisne河畔Vesle在1204年,和许多在巴黎 - “神父,神职人员,外行,和属于该教派的妇女” 。Raymund V of Toulouse (1148-94) promulgated a law which punished with death the followers of the sect and their favourers.Raymund图卢兹五(1148年至1194年)颁布了一项法律处以死刑教派和他们favourers的追随者。 Simon de Montfort's men-at-arms believed in 1211 that they were carrying out this law when they boasted how they had burned alive many, and would continue to do so (unde multos combussimus et adhuc cum invenimus idem facere non cessamus).西蒙de Montfort的男子相信在1211,他们开展这项法律时,他们吹嘘他们如何被烧毁活着许多的,并会继续做武器,所以(unde MULTOS combussimus等adhuc暨invenimus同上facere非cessamus)。In 1197 Peter II, King of Aragon and Count of Barcelona, issued an edict in obedience to which the Waldensians and all other schismatics were expelled from the land; whoever of this sect was still found in his kingdom or his county after Palm Sunday of the next year was to suffer death by fire, also confiscation of goods.在1197,巴塞罗那的阿拉贡和计数国王彼得二世,颁布法令服从的韦尔和所有其他schismatics从土地开除,这个教派的人仍然在他的王国或他的县之后发现的棕榈周日明年是遭受火灾的死亡,还没收货物。

Ecclesiastical legislation was far from this severity.教会的立法是从这个严重性。Alexander III at the Lateran Council of 1179 renewed the decisions already made as to schismatics in Southern France, and requested secular sovereigns to silence those disturbers of public order, if necessary by force, to achieve which object they were at liberty to imprison the guilty (servituti subicere, subdere) and to appropriate their possessions.亚历山大三世在拉特兰会议的1179重新作出的决定,已经在法国南部的schismatics,并要求世俗君主沉默公共秩序这些干扰源,必要时通过武力来实现他们的对象在自由监禁罪犯( servituti subicere,subdere)和适当的他们的财产。According to the agreement made by Lucius III and Emperor Frederick Barbarossa at Verona (1148), the heretics of every community were to be sought out, brought before the episcopal court, excommunicated, and given up to the civil power to he suitably punished (debita animadversione puniendus).根据协议,卢修斯三世和皇帝腓特烈一世在维罗纳(1148),每一个社会的异端要求,带来前主教法庭,被逐出教会,并放弃公务员的权力给他适当的惩罚(debita animadversione puniendus)The suitable punishment (debita animadversio, ultio) did not, however, as yet mean capital punishment, but the proscriptive ban, though even this, it is true, entailed exile, expropriation, destruction of the culprits dwelling, infamy, debarment from public office, and the like.然而,没有适当的处罚(debita animadversio,ultio),还意味着死刑,但剥夺人权的禁令,但即使这样,它是真实的,entailed流放,没收,销毁匪徒住宅,骂名,从公职除名,等等。 The "Continuatio Zwellensis altera, ad ann. 1184" (Mon. Germ. Hist.: SS., IX, 542) accurately describes the condition of heretics at this time when it says that the pope excommunicated them, and the emperor put them under the civil ban, while he confiscated their goods (papa eos excomunicavit imperator vero tam res quam personas ipsorum imperiali banno subiecit).“Continuatio Zwellensis Altera公司,广告ANN 1184”(周一胚芽组织胺:。。不锈钢,九,542)准确地描述此时异教徒的状况时,它说,教皇逐出教会他们,和皇帝把它们下民间的禁令,同时他没收了他们的货物(爸爸EOS excomunicavit规划,VERO谭水库华富嘉洛个性ipsorum imperiali banno subiecit)。

Under Innocent III nothing was done to intensify or add to the extant statutes against heresy, though this pope gave them a wider range by the action of his legates and through the Fourth Lateran Council (1215).根据诺森三世没有采取任何加强或增加对异端现存的法规,但这位教宗给他们由他的legates的行动和通过的第四次拉特兰会议(1215年)的范围更广。 But this act was indeed a relative service to the heretics, for the regular canonical procedure thus introduced did much to abrogate the arbitrariness, passion, and injustice of the Civil courts in Spain, France and Germany.但这种行为确实是一个异教徒的相关服务,从而推出定期规范程序,做了很多废除的随意性,激情,在西班牙,法国和德国民事法庭的不公正。 In so far as, and so long as, his prescriptions remained in force, no summary condemnations or executions en masse occurred, neither stake nor rack were set up; and, if, on one occasion during the first year of his pontificate, to justify confiscation, he appealed to the Roman Law and its penalties for crimes against the sovereign power, yet he did not draw the extreme conclusion that heretics deserved to be burnt.到目前为止,只要他的药方依然有效,没有摘要谴责或处决大批发生,既没有股份,也不机架成立;,一个在他的第一年之际,如果教皇,自圆其说没收,他呼吁罗马法和其对主权国的罪行的刑罚,但他并没有得出极端的结论是,异端当之无愧地被烧毁。 His reign affords many examples showing how much of the vigour he took away in practice from the existing penal code.他的统治给予了许多例子多少,他在实践中,从现行刑法的活力。


A. The Inquisition of The Middle Ages答:中世纪的宗教裁判所

(1) Origin (1)原产地

During the first three decades of the thirteenth century the Inquisition, as the institution, did not exist.在十三世纪的前三个十年的宗教裁判所,作为该机构,不存在。But eventually Christian Europe was so endangered by heresy, and penal legislation concerning Catharism had gone so far, that the Inquisition seemed to be a political necessity.但最终基督教欧洲是使濒临灭绝的异端,和刑法有关Catharism的立法已经走了这么远,宗教裁判所,似乎是一个政治的必要性。 That these sects were a menace to Christian society had been long recognized by the Byzantine rulers.这些教派是基督教社会的威胁已经早就认识到了拜占庭式的统治者。As early as the tenth century Empress Theodora had put to death a multitude of Paulicians, and in 1118 Emperor Alexius Comnenus treated the Bogomili with equal severity, but this did not prevent them from pouring over all Western Europe.众多的Paulicians早在十世纪慈禧西奥多拉置于死地,并在1118克修斯一世皇帝视为平等的严重性Bogomili,但这并不能阻止他们浇筑超过所有西欧。 Moreover these sects were in the highest degree aggressive, hostile to Christianity itself, to the Mass, the sacraments, the ecclesiastical hierarchy and organization; hostile also to feudal government by their attitude towards oaths, which they declared under no circumstances allowable.此外,这些教派程度最高的侵略性,敌视基督教本身,向大众,圣礼,教会的层次结构和组织;封建政府的敌对态度,他们对宣誓,他们在任何情况下允许的声明。 Nor were their views less fatal to the continuance of human society, for on the one hand they forbade marriage and the propagation of the human race, and on the other hand they made a duty of suicide through the institution of the Endura (see CATHARI).也不是他们的意见少的致命伤人类社会的延续,一方面,他们禁止婚姻和人类的传播,另一方面,他们通过在Endura机构自杀的义务(见卡塔利) 。It has been said that more perished through the Endura (the Catharist suicide code) than through the Inquisition.有人说,宗教裁判所通过的Endura(Catharist自杀代码)不是通过更多的灭亡。It was, therefore, natural enough for the custodians of the existing order in Europe, especially of the Christian religion, to adopt repressive measures against such revolutionary teachings.因此,这是自然在欧洲现存秩​​序的保管人,尤其是基督教,采取镇压措施,对这样的革命学说。In France Louis VIII decreed in 1226 that persons excommunicated by the diocesan bishop, or his delegate, should receive "meet punishment" (debita animadversio).在法国路易八下令在1226教区主教逐出教会,或他的代表者,应该得到“满足处罚”(debita animadversio)。In 1249 Louis IX ordered barons to deal with heretics according to the dictates of duty (de ipsis faciant quod debebant).路易九世下令在1249大亨根据责任使然(ipsis faciant狴deb​​ebant)处理与异端。A decree of the Council of Toulouse (1229) makes it appear probable that in France death at the stake was already comprehended as in keeping with the aforesaid debita animadversio.图卢兹市政局(1229)的法令,使得它出现的可能,在法国死亡的股份已符合上述debita animadversio理解。To seek to trace in these measures the influence of imperial or papal ordinances is vain, since the burning of heretics had already come to be regarded as prescriptive.为了寻求追踪这些措施的帝王或教皇条例的影响是徒劳的,因为燃烧的异教徒已来作为指令性。It is said in the "Etablissements de St. Louis et coutumes de Beauvaisis", ch.有人说“ETABLISSEMENTS圣路易斯等coutumes Beauvaisis”,CH。cxiii (Ordonnances des Roys de France, I, 211): "Quand le juge [ecclésiastique] laurait examiné [le suspect] se il trouvait, quil feust bougres, si le devrait faire envoier à la justice laie, et la justice laie le dolt fere ardoir." cxiii(法国Ordonnances DES Roys,我,211):“Quand乐俱各ecclésiastique] laurait研究[LE犯罪嫌疑人本身IL trouvait,quil feust bougres,SI乐devrait放任envoier一拉正义laie,ET LA司法laie乐傻瓜fere ardoir“。The "Coutumes de Beauvaisis" correspond to the German "Sachsenspiegel", or "Mirror of Saxon Laws", compiled about 1235, which also embodies as a law sanctioned by custom the execution of unbelievers at the stake (sal man uf der hurt burnen).“Coutumes Beauvaisis”对应“Sachsenspiegel”德国,或“镜报”撒克逊法律,约1235编译,这也为自定义在股权执行不信(SAL男子用友DER伤害burnen)认可的法律体现。 In Italy Emperor Frederick II, as early as 22 November, 1220 (Mon. Germ., II, 243), issued a rescript against heretics, conceived, however quite in the spirit of Innocent III, and Honorius III commissioned his legates to see to the enforcement in Italian cities of both the canonical decrees of 1215 and the imperial legislation of 1220.皇帝腓特烈二世在意大利,早在11月22日,1220(周一胚芽,Ⅱ,243),发出了对异端的诏书,构思,但是相当诺森三世的精神,挪三,委托他的legates看到在意大利城市既规范执法法令1215年和1220帝国立法。

From the foregoing it cannot be doubted that up to 1224 there was no imperial law ordering, or presupposing as legal, the burning of heretics.从上述不能怀疑,截至到1224有没有帝国的法律,订货,或为法律,燃烧异端预设。The rescript for Lombardy of 1224 (Mon. Germ., II, 252; cf. ibid., 288) is accordingly the first law in which death by fire is contemplated (cf. Ficker, op. cit., 196). 1224。周一胚芽,二,252;比照同上,288)伦巴第(诏书是相应的因火灾死亡的第一定律是设想(参见Ficker,同上,196。)。That Honorius III was in any way concerned in the drafting of this ordinance cannot be maintained; indeed the emperor was all the less in need of papal inspiration as the burning of heretics in Germany was then no longer rare; his legists, moreover, would certainly have directed the emperors attention to the ancient Roman Law that punished high treason with death, and Manichaeism in particular with the stake.这挪三,在任何方式关注本条例的起草工作是不能维持;确实皇帝是所有的需要教皇的灵感少作为燃烧在德国异端是然后不再罕见;他legists,此外,将肯定已指示皇帝注意,古罗马法,处罚,特别是股权死亡,叛国罪和摩尼教。 The imperial rescripts of 1220 and 1224 were adopted into ecclesiastical criminal law in 1231, and were soon applied at Rome.到教会刑法在1231年通过了1220和1224帝国rescripts,并很快就被应用在罗马。It was then that the Inquisition of the Middle Ages came into being.这是中世纪的宗教裁判所应运而生。

What was the immediate provocation?什么是眼前的挑衅呢?Contemporary sources afford no positive answer.当代来源不起没有正面回答。Bishop Douais, who perhaps commands the original contemporary material better than anyone, has attempted in his latest work (L'Inquisition. Ses Origines. Sa Procedure, Paris, 1906) to explain its appearance by a supposed anxiety of Gregory IX to forestall the encroachments of Frederick II in the strictly ecclesiastical province of doctrine.主教Douais,也许命令原当代材料比任何人都更好,一直试图在他的最新作品(欧莱雅宗教裁判所。SES Origines。萨程序,巴黎,1906年)来解释它的外观应该由格雷戈里九焦虑,以防止侵占冯检基的学说严格传教士省第二。For this purpose it would seem necessary for the pope to establish a distinct and specifically ecclesiastical court.为此,这似乎为教皇,有必要建立一个独特的和专门教会法庭。From this point of view, though the hypothesis cannot be fully proved, much is intelligible that otherwise remains obscure.从这个角度来看,虽然假设不能充分证明了,多少是理解的,否则仍然是模糊的的。There was doubtless reason to fear such imperial encroachments in an age yet filled with the angry contentions of the Imperium and the Sacerdotium.原因无疑是有恐惧的时代还充满愤怒的争论与帝国的Sacerdotium帝国侵占。We need only recall the trickery of the emperor and his pretended eagerness for the purity of the Faith, his increasingly rigorous legislation against heretics, the numerous executions of his personal rivals on the pretext of heresy, the hereditary passion of the Hohenstaufen for supreme control over Church and State, their claim of God-given authority over both, of responsibility in both domains to God and God only etc. What was more natural than that the Church should strictly reserve to herself her own sphere, while at the same time endeavouring to avoid giving offence to the emperor?我们只需要记得挂羊头卖狗肉的皇帝和他假装热心为信仰的纯洁性,他对异教徒的立法越来越严格,他个人的对手无数的异端的借口处决,至高无上的控制权世袭激情的霍亨斯陶芬教会与国家,他们的上帝赐予超过两个的权威,在两个域神和上帝只等是什么多说,教会应严格储备,以她自己的势力范围自然的责任,而在同一时间努力的要求避免给皇帝的罪行吗? A purely spiritual or papal religious tribunal would secure ecclesiastical liberty and authority for this court could be confided to men of expert knowledge and blameless reputation, and above all to independent men in whose hands the Church could safely trust the decision as to the orthodoxy or heterodoxy of a given teaching.一个纯粹的精神或教皇宗教法庭将保证教会的自由和法院的权威,可以私下对男性的专业知识和无可指责的声誉,并可以放心信任高于一切,以独立的男子在他的手中教会的正统或异端的决定一个给定的教学。 On the other hand, to meet the emperor's wishes as far as allowable, the penal code of the empire could be taken over as it stood (cf. Audray, "Regist. de Grégoire IX", n. 535).另一方面,以满足皇帝的意愿,允许的,可以在刑法的帝国接管,因为它站在(参见Audray,“REGIST。DE格雷瓜尔九”,N. 535)。

(2) The New Tribunal(2)新法庭

(a) Its essential characteristic(一)其本质特征

The pope did not establish the Inquisition as a distinct and separate tribunal; what he did was to appoint special but permanent judges, who executed their doctrinal functions in the name of the pope.教宗没有建立一个独特和独立的的法庭的宗教裁判所;他的所作所为是任命特别,但常任法官,在教皇的名义执行他们的教义功能。 Where they sat, there was the Inquisition.他们坐的地方,有宗教裁判所。It must he carefully noted that the characteristic feature of the Inquisition was not its peculiar procedure, nor the secret examination of witnesses and consequent official indictment: this procedure was common to all courts from the time of Innocent III.它必须他仔细地指出,侦查的特点是其特有的程序,也没有秘密证人和随之而来的正式起诉书的检查:此过程是从诺森三世的时间共同所有的法院。 Nor was it the pursuit of heretics in all places: this had been the rule since the Imperial Synod of Verona under Lucius III and Frederick Barbarossa.也不是所有地方的异端追求:这已是自卢修斯三世和腓特烈一世帝国主教维罗纳的规则。Nor again was it the torture, which was not prescribed or even allowed for decades after the beginning of the Inquisition, nor, finally, the various sanctions, imprisonment, confiscation, the stake, etc., all of which punishments were usual long before the Inquisition.也再次的折磨,这是没有规定或几十年甚至允许后开始侦查的,也不是,最后,各种制裁,监禁,没收,股权等,所有这些处罚是很久之前的惯常宗教裁判所。 The Inquisitor, strictly speaking, was a special but permanent judge, acting in the name of the pope and clothed by him with the right and the duty to deal legally with offences against the Faith; he had, however, to adhere to the established rules of canonical procedure and pronounce the customary penalties.打破砂锅,严格来说,是一个特殊的,但常任法官,在教皇的名义行事,他穿的权利和义务与对信仰的罪行法律处理;他,然而,要坚持既定的规则规范程序和发音习惯的罚款。 Many regarded it, as providential that just at this time sprang up two new orders, the Dominicans and the Franciscans, whose members, by their superior theological training and other characteristics, seemed eminently fitted to perform the inquisitorial task with entire success.许多人视为天赐,就在这个时候窜出两个新的订单,多米尼加和方济会,其成员,其卓越的神学训练等特点,似乎最适合执行的整个成功的纠问式任务。 It was safe to assume that they were not merely endowed with the requisite knowledge, but that they would also, quite unselfishly and uninfluenced by worldly motives, do solely what seemed their duty for the Good of the Church.它是安全的假设,他们不仅仅拥有所需的知识,但也有不少,他们将无私和不受世俗的动机,纯粹做什么似乎对教会的好他们的职责。 In addition, there was reason to hope that, because of their great popularity, they would not encounter too much opposition.此外,人们有理由希望,因为他们大受欢迎,他们不会遇到太多的反对。It seems, therefore, not unnatural that the inquisitors should have been chosen by the popes prevailingly from these orders, especially from that of the Dominicans.看来,因此,没有不自然的,调查者应被选为教皇prevailingly从这些订单,尤其是从多米尼加。It is to he noted, however, that the inquisitors were not chosen exclusively from the mendicant orders, though the Senator of Rome no doubt meant such when in his oath of office (1231) he spoke of inquisitores datos ab ecclesia.这是他指出,然而,调查官没有选择完全由乞讨的订单,但罗马的参议员无疑意味着,在他宣誓就职(1231)时,他谈到inquisitores datos AB Ecclesia的。In his decree of 1232 Frederick II calls them inquisitores ab apostolica sede datos.在他1232腓特烈二世的法令要求他们inquisitores AB apostolica塞datos。The Dominican Alberic, in November of 1232, went through Lombardy as inquisitor haereticae pravitatis.多米尼加Alberic,于1232 11月,经历了伦巴第砂锅haereticae pravitatis。 The prior and sub-prior of the Dominicans at Friesbach were given a similar commission as early as 27 November, 1231; on 2 December, 1232, the convent of Strasburg, and a little later the convents of Würzburg, Ratisbon, and Bremen, also received the commission. 12月2日,1232,修道院的斯特拉斯堡,稍晚的维尔茨堡,拉蒂斯邦和不来梅的修道院,也事先和Friesbach多米尼加分前,一个类似的委员会,1231年11月27日早;收到的佣金。 In 1233 a rescript of Gregory IX, touching these matters, was sent simultaneously to the bishops of Southern France and to the priors of the Dominican Order.格雷戈里九诏书,在1233年触及这些问题的,被送到法国南部的主教和多米尼加令先验。We know that Dominicans were sent as inquisitors in 1232 to Germany along the Rhine, to the Diocese of Tarragona in Spain and to Lombardy; in 1233 to France, to the territory of Auxerre, the ecclesiastical provinces of Bourges, Bordeaux, Narbonne, and Auch, and to Burgundy; in 1235 to the ecclesiastical province of Sens. In fine, about 1255 we find the Inquisition in full activity in all the countries of Central and Western Europe - in the county of Toulouse, in Sicily, Aragon, Lombardy, France, Burgundy, Brabant, and Germany (cf. Douais, op. cit., p. 36, and Fredericq, "Corpus documentorum inquisitionis haereticae pravitatis Neerlandicae, 1025-1520", 2 vols., Ghent, 1884-96).我们知道,多米尼加被送往在1232德国沿着莱茵河的调查官,在西班牙的塔拉戈纳教区和伦巴第大区在1233年到法国,欧塞尔,波尔多,纳博讷布尔教会省境内,和奥赫,和勃艮第;罚款传教士省的参议员,约1255,我们发现在充分活动的宗教裁判在中欧和西欧的所有国家 - 在图卢兹县,在西西里,阿拉贡,伦巴第大区,法国在1235勃艮第,布拉班特,德国(参见Douais,同上,第36页,并Fredericq,“语料库documentorum inquisitionis haereticae pravitatis Neerlandicae,1025年至1520年”,2卷,根特,1884年至1896年)。

That Gregory IX, through his appointment of Dominicans and Franciscans as inquisitors, withdrew the suppression of heresy from the proper courts (ie from the bishops), is a reproach that in so general a form cannot be sustained.格雷戈里九,通过他的任命的调查官的多米尼加和方济,从适当的法院(即从主教)撤出压制的异端,是一个一个形式,所以一般不能持久的非议。 So little did he think of displacing episcopal authority that, on the contrary he provided explicitly that no inquisitional tribunal was to work anywhere without the diocesan bishop's co-operation.这么少,他想取代主教的权力,相反,他提供了明确,没有inquisitional庭工作没有教区主教的合作的任何地方。 And if, on the strength of their papal jurisdiction, inquisitors occasionally manifested too great an inclination to act independently of episcopal authority, it was precisely the popes who kept them within right bounds.如果,他们的罗马教皇的管辖范围内的实力,调查官偶尔表现独立行事的主教的权力过大的倾向,正是教皇保持他们的权利范围内。 As early as 1254 Innocent IV prohibited anew perpetual imprisonment or death at the stake without the episcopal consent.早在1254无辜四,禁止新的永久监禁或死亡的股权没有主教的同意。Similar orders were issued by Urban IV in 1262, Clement IV in 1265, and Gregory X in 1273, until at last Boniface VIII and Clement V solemnly declared null and void all judgments issued in trials concerning faith, unless delivered with the approval and co-operation of the bishops.发出类似的订单在1262城市第四,克莱门特在1265第四和格雷戈里X 1273,直到最后波尼法爵八和克莱门特V在庄严宣告无效,在临床试验中有关信仰发出的所有判决,除非批准交付和合作操作的主教。The popes always upheld with earnestness the episcopal authority, and sought to free the inquisitional tribunals from every kind of arbitrariness and caprice.教皇始终坚持正经主教的权力,并试图从每一种武断和任性的自由inquisitional法庭。

It was a heavy burden of responsibility -- almost too heavy for a common mortal -- which fell upon the shoulders of an inquisitor, who was obliged, at least indirectly, to decide between life and death.这是沉重负担的责任 - 为了一个共同的凡人重得差不多了 - 下跌后的一个砂锅,谁有义务,至少间接地决定生死之间的肩膀。The Church was bound to insist that he should possess, in a pre-eminant degree, the qualities of a good judge; that he should be animated with a glowing zeal for the Faith, the salvation of souls, and the extirpation of heresy; that amid all difficulties and dangers he should never yield to anger or passion; that he should meet hostility fearlessly, but should not court it; that he should yield to no inducement or threat, and yet not be heartless; that, when circumstances permitted, he should observe mercy in allotting penalties; that he should listen to the counsel of others, and not trust too much to his own opinion or to appearances, since often the probable is untrue, and the truth improbable.教会是必然要坚持,他应具备的,在预eminant程度,一个好法官的素质;他应该是一个发光的热情,为信仰,拯救灵魂,和灭绝的异端动画;中一切困难和危险,他决不屈服的愤怒或激情,无所畏惧,他应该满足敌意,但不应法庭,他应该屈服于任何引诱或威胁,但没有被无情的,当情况许可,他在配发的处罚应遵守怜悯;他应该听别人的劝告,而不是太多的信任,以他自己的意见或外表,因为往往可能是不真实的,真理不可能。 Somewhat thus did Bernard Gui (or Guldonis) and Eymeric, both of them inquisitors for years, describe the ideal inquisitor.略带因此伯纳德桂(或Guldonis)和Eymeric,他们两人多年来的调查官,描述理想的砂锅。Of such an inquisitor also was Gregory IX doubtlessly thinking when he urged Conrad of Marburg: "ut puniatur sic temeritas perversorum quod innocentiae puritas non laedatur" -- ie, "not to punish the wicked so as to hurt the innocent".这样的砂锅也被格雷戈里九无疑思想时,他敦促康拉德马尔堡:“UT puniatur碳化硅temeritas perversorum狴innocentiae puritas非laedatur” - 即,“不是为了惩罚恶人,以伤及无辜”。History shows us how far the inquisitors answered to this ideal.历史告诉我们多远的调查者回答这个理想。Far from being inhuman, they were, as a rule, men of spotless character and sometimes of truly admirable sanctity, and not a few of them have been canonized by the Church.不人道,他们被作为一项规则,一尘不染的性格的男人,有时真正令人钦佩的神圣性,而不是他们几个已经被教会册封。There is absolutely no reason to look on the medieval ecclesiastical judge as intellectually and morally inferior to the modern judge.是绝对没有理由看中世纪的教会法官作为智力上和道义上不亚于现代法官。No one would deny that the judges of today, despite occasional harsh decisions and the errors of a few, pursue a highly honourable profession.没有人会否认,今天的法官,尽管偶尔苛刻的决定和少数人的错误,追求一个非常光荣的职业。Similarly, the medieval inquisitors should be judged as a whole.同样,中世纪的调查官应作为一个整体来判断。Moreover, history does not justify the hypothesis that the medieval heretics were prodigies of virtue, deserving our sympathy in advance.此外,历史上没有理由的假设,即中世纪的异端凭借天才提前,值得我们的同情。

(b) Procedure(二)程序

This regularly began with a month's "term of grace", proclaimed by the inquisitor whenever he came to a heresy-ridden district.这常常开始一个月的“宽限期长期”,宣布打破砂锅每当他来到一个异端缠身区。The inhabitants were summoned to appear before the inquisitor.的居民被传唤出庭前打破砂锅。On those who confessed of their own accord a suitable penance (eg a pilgrimage) was imposed, but never a severe punishment like incarceration or surrender to the civil power.自己承认那些被判处一个合适的忏悔(如朝圣),但从来没有像监禁的严厉处罚或移交给民间力量。However, these relations with the residents of a place often furnished important indications, pointed out the proper quarter for investigation, and sometimes much evidence was thus obtained against individuals.然而,有一个地方的居民,这些关系,往往布置的重要标志,指出适当的季度调查​​,有时很多证据,因此对个人取得的。 These were then cited before the judges -- usually by the parish priest, although occasionally by the secular authorities -- and the trial began.再引前法官 - 通常是由本堂司铎,虽然偶尔世俗当局 - 庭审开始。If the accused at once made full and free confession, the affair was soon concluded, and not to the disadvantage of the accused.如果被告在一次作出的全面而自由的供认,事情很快就结束,而不是被告人的缺点。But in most instances the accused entered denial even after swearing on the Four Gospels, and this denial was stubborn in the measure that the testimony was incriminating.但在大多数情况下,被告进入拒绝,甚至四福音宣誓就职后,这种否定是顽固的证词是有罪的措施。David of Augsburg (cf. Preger, "Der Traktat des David von Augshurg uber die Waldenser", Munich, 1878 pp. 43 sqq.) pointed out to the inquisitor four methods of extracting open acknowledgment:奥格斯堡大卫(参见Preger,“明镜Traktat DES大卫冯Augshurg尤伯杯死Waldenser”,慕尼黑,1878年第43 SQQ)指出,以打破砂锅四种方法提取公开承认:

fear of death, ie by giving the accused to understand that the stake awaited him if he would not confess; more or less close confinement, possibly emphasized by curtailment of food; visits of tried men, who would attempt to induce free confession through friendly persuasion; torture, which will be discussed below.死亡的恐惧,即让被告了解,股权期待已久的他,如果他不会承认;更多或更少密切的禁闭,可能通过削减食物中强调;试图男子,企图诱使免费供认通过友好劝导访问,酷刑,这将在下面讨论。

(c) The Witnesses(三)见证人

When no voluntary admission was made, evidence was adduced.没有自愿住院时,举出证据。Legally, there had to be at least two witnesses, although conscientious judges rarely contented themselves with that number.在法律上,必须有至少两名证人,虽然有良心的法官很少满足于这个数字。The principle had hitherto been held by the Church that the testimony of a heretic, an excommunicated person, a perjurer, in short, of an "infamous", was worthless before the courts.的原则,迄今已举办由教会逐出教会的人,作伪证者,总之一个“臭名昭著”,是一个邪教组织的证词,在法庭上是毫无价值的。 But in its destination of unbelief the Church took the further step of abolishing this long established practice, and of accepting a heretic's evidence at nearly full value in trials concerning faith.但在其目的地不信教会了进一步取消这一长期一贯的做法,并接受关于信仰试验的价值几乎全部在一个邪教组织的证据。This appears as early as the twelfth century in the "Decretum Gratiani".这似乎像“Decretum Gratiani”第十二届世纪初。 While Frederick II readily assented to this new departure, the inquisitors seemed at first uncertain as to the value of the evidence of an "infamous" person.虽然腓特烈二世欣然同意这个新的出发点,调查者似乎在第一次以一个“臭名昭著”的人的证据价值的不确定性。It was only in 1261, after Alexander IV had silenced their scruples, that the new principle was generally adopted both in theory and in practice.这是1261年,亚历山大四沉默他们的顾忌,无论在理论上还是在实践中普遍采用这一新的原则。This grave modification seems to have been defended on the ground that the heretical conventicles took place secretly, and were shrouded in great obscurity, so that reliable information could be obtained from none but themselves.这种严重的修改似乎已经在地面上捍卫邪教conventicles发生了秘密,被笼罩在伟大的默默无闻,所以从没有获得可靠的信息可以,但自己。 Even prior to the establishment of the Inquisition the names of the witnesses were sometimes withheld from the accused person, and this usage was legalized by Gregory IX, Innocent IV, and Alexander IV.甚至之前设立的宗教裁判所的证人的姓名,有时从被告人隐瞒,这种用法是由格雷戈里九,英诺森四,和亚历山大四合法化。Boniface VIII, however, set it aside by his Bull "Ut commissi vobis officii" (Sext. Decret., 1. V, tit. ii ); and commanded that at all trials, even inquisitorial, the witnesses must be named to the accused.然而,波尼法爵八,设置它放在一边由他的公牛“UT commissi vobis officii”(Sext. Decret,1 V时,针锋相对II。);和指挥,在所有的试验,甚至纠问式诉讼,证人必须被命名为被告。There was no personal confrontation of witnesses, neither was there any cross-examination.没有证人的个人对抗,也不是有任何盘问。Witnesses for the defence hardly ever appeared, as they would almost infallibly be suspected of being heretics or favourable to heresy.辩方证人几乎没有出现,因为他们几乎infallibly的涉嫌被异端或有利的异端。 For the same reason those impeached rarely secured legal advisers, and were therefore obliged to make personal response to the main points of a charge.出于同样的原因这些弹劾很少担保的法律顾问,因此,必须使个人负责要点。This, however, was also no innovation, for in 1205 Innocent III, by the Bull "Si adversus vos" forbade any legal help for heretics: "We strictly prohibit you, lawyers and notaries, from assisting in any way, by council or support, all heretics and such as believe in them, adhere to them, render them any assistance or defend them in any way."然而,这也没有什么创新,在1205诺森三世的牛,“思adversus VOS”禁止任何异端的法律帮助:“我们严格禁止的,律师和公证人,由理事会或支持以任何方式协助,如他们相信,他们坚持,使他们的任何援助或以任何方式保卫所有的异端。“ But this severity soon relaxed, and even in Eymeric's day it seems to have been the universal custom to grant heretics a legal adviser, who, however, had to be in every way beyond suspicion, "upright, of undoubted loyalty, skilled in civil and canon law, and zealous for the faith."但此严重性很快放松,和即使在Eymeric的一天,似乎以有被的普遍的习俗,以授予异端一名法律顾问,谁,但是,已经在每超出怀疑的方式,“正直的,不容置疑的忠诚度,熟练在民事和佳能法律,热心为信仰。“

Meanwhile, even in those hard times, such legal severities were felt to be excessive, and attempts were made to mitigate them in various ways, so as to protect the natural rights of the accused.同时,即使在那些艰难的时刻,这样的法律严重性被认为是过度,并作了尝试,以减轻他们以各种方式,以保护被告的自然权利。 First he could make known to the judge the names of his enemies: should the charge originate with them, they would be quashed without further ado.首先,他可以判断他的敌人的名字:起源与他们的负责,他们将事不宜迟撤销。 Furthermore, it was undoubtedly to the advantage of the accused that false witnesses were punished without mercy.此外,它无疑是优势被告虚假证人,毫不手软的惩罚。The aforesaid inquisitor, Bernard Gui, relates an instance of a father falsely accusing his son of heresy.上述砂锅,伯纳德桂,关乎一个诬告他的异端邪说的儿子的父亲的一个实例。The son's innocence quickly coming to light, the false accuser was apprehended, and sentenced to prison for life (solam vitam ei ex misericordia relinquentes).儿子的清白,迅速暴露出来,假原告被逮捕,和对生活的判刑(solam vitam EI当然misericordia relinquentes)。In addition he was pilloried for five consecutive Sundays before the church during service, with bare head and bound hands.此外,他嘲笑前连续五个星期天教会在服役期间,与裸露的头部和约束双手。 Perjury in those days was accounted an enormous offence, particularly when committed by a false witness.在那些日子里伪证是占了一个巨大的罪行​​,特别是虚假的证人时。Moreover, the accused had a considerable advantage in the fact that the inquisitor had to conduct the trial in co-operation with the diocesan bishop or his representatives, to whom all documents relating to the trial had to he remitted.此外,被告的事实,打破砂锅教区主教或他的代表进行合作的审判,以人有关的所有文件,以审判他汇往相当大的优势。 Both together, inquisitor and bishop, were also made to summon and consult a number of upright and experienced men (boni viri), and to decide in agreement with their decision (vota).两者加起来,砂锅和主教,也作了传召和咨询正直和有经验的男人(博尼viri),并决定同意他们的决定(外界知道)。 Innocent IV (11 July, 1254), Alexander IV (15 April, 1255, and 27 April, 1260), and Urban IV (2 August, 1264) strictly prescribed this institution of the boni viri -- ie the consultation in difficult cases of experienced men, well versed in theology and canon law, and in every way irreproachable.诺森四(7月11日,1254),亚历山大四(4月15日,1255,4月27日,1260),和市四(8月2日,1264)严格规定博尼viri机构 - 即在困难的情况下协商有经验的男人,深谙在神学和教会法,并在各种方式无可指责。The documents of the trial were either in their entirety handed to them, or a least an abstract drawn up by a public notary was furnished; they were also made acquainted with the witnesses' names, and their first duty was to decide whether or not the witnesses were credible.审判的文件,或者在自己的全部交给他们,或由公证人起草了一个抽象的一个至少是布置;他们也作了了解证人的名字,以及他们的首要职责是决定是否证人是可信的。

The boni viri were very frequently called on.博尼viri非常频繁呼吁。Thirty, fifty, eighty, or more persons -- laymen and priests; secular and regular -- would be summoned, all highly respected and independent men, and singly sworn to give verdict upon the cases before them accordingly to the best of their knowledge and belief.三十,五十,八十,或更多的人 - 外行和祭司;世俗和常规 - 将被传唤,所有的高度尊重和独立的男人,和单宣誓后给案件的判决之前,他们相应地尽其所知,信念。Substantially they were always called upon to decide two questions: whether and what guilt lay at hand, and what punishment was to be inflicted.绝大部分他们总是呼吁决定两个问题:是否以及什么罪恶感奠定在手,施加什么惩罚。That they might be influenced by no personal considerations, the case would be submitted to them somewhat in the abstract, ie, the name of the person inculpated was not given.的情况下,他们可能没有个人因素的影响,将提交给他们有点抽象,即inculpated人的名称。Although, strictly speaking, the boni viri were entitled only to an advisory vote, the final ruling was usually in accordance with their views, and, whether their decision was revised, it was always in the direction of clemency, the mitigation of the findings being indeed of frequent occurrence.虽然,严格来说,博尼viri仅有权咨询表决,最后的裁决通常是根据他们的意见,他们的决定是否进行了修订,它总是在宽大的方向,减轻被调查结果确实经常发生。 The judges were also assisted by a consilium permanens, or standing council, composed of other sworn judges. consilium permanens,或常务理事会等宣誓就职的法官组成,法官们还协助。In these dispositions surely lay the most valuable guarantees for all objective, impartial, and just operation of the inquisition courts.在这些配置中,一定打好所有目标的最有价值的担保,公正,和公正的宗教裁判法院的运作。Apart from the conduct of his own defence the accused disposed of other legal means for safeguarding his rights: he could reject a judge who had shown prejudice, and at any stage of the trial could appeal to Rome.除了为自己辩护的行为,被告出售的其他法律手段维护自己的权利:他可以拒绝显示偏见的法官,在审判的任何阶段,可向罗马。 Eymeric leads one to infer that in Aragon appeals to the Holy See were not rare. Eymeric信息来推断,在阿拉贡呼吁教廷并不少见。He himself as inquisitor had on one occasion to go to Rome to defend in person his own position, but he advises other inquisitors against that step, as it simply meant the loss of much time and money; it were wiser, he says, to try a case in such a manner that no fault could be found.他本人作为砂锅一次去罗马人捍卫自己的立场上,但他建议对这一步骤的其他调查官,因为它只不过是多少时间和金钱的损失;它是明智的,他说,尝试在一个没有过错,可以发现的方式的情况下。 In the event of an appeal the documents of the case were to be sent to Rome under seal, and Rome not only scrutinized them, but itself gave the final verdict.在上诉案件的文件,在密封下,被送到罗马,罗马不是只审议他们的,但其本身给最终裁决。Seemingly, appeals to Rome were in great favour; a milder sentence, it was hoped, would be forthcoming, or at least some time would be gained.看似大忙,呼吁罗马一个温和的句子,这是希望,即将,或者至少将获得一段时间。

(d) Punishments(四)处罚

The present writer can find nothing to suggest that the accused were imprisoned during the period of inquiry.目前的作家可以找到无关表明,被告在调查期间被监禁。It was certainly customary to grant the accused person his freedom until the sermo generalis, were he ever so strongly inculpated through witnesses or confession; he was not yet supposed guilty, though he was compelled to promise under oath always to be ready to come before the inquisitor, and in the end to accept with good grace his sentence, whatever its tenor.它肯定是习惯授予他的自由,直到sermo generalis被告人,他曾经如此强烈inculpated通过证人或供认,他还不应该有罪,但他不得不承诺在宣誓后总是要准备来之前砂锅,并最终接受他的判决具有良好的恩典,不论其男高音。 The oath was assuredly a terrible weapon in the hands of the medieval judge.宣誓无疑是一个可怕的武器在中世纪的法官手中。 If the accused person kept it, the judge was favourably inclined; on the other hand, if the accused violated it, his credit grew worse.如果被控人保持它,法官是有利的倾斜,另一方面,如果被告侵犯了它,他的信用恶化了。 Many sects, it was known, repudiated oaths on principle; hence the violation of an oath caused the guilty party easily to incur suspicion of heresy.许多教派,这是众所周知的,否定原则上宣誓效忠,因此违反宣誓造成有罪的一方很容易招致怀疑的异端。Besides the oath, the inquisitor might secure himself by demanding a sum of money as bail, or reliable bondsmen who would stand surety for the accused.除了宣誓,打破砂锅可能获得保释,或可靠bondsmen谁会站在担保人为被告,要求一笔钱自己。It happened, too, that bondsmen undertook upon oath to deliver the accused "dead or alive" It was perhaps unpleasant to live under the burden of such an obligation, but, at any rate, it was more endurable than to await a final verdict in rigid confinement for months or longer.它发生了,也该bondsmen承诺宣誓后提供被告“生死未卜”也许不愉快的生活在这种义务的负担,但是,无论如何,它更耐用,比等待最终裁决刚性个月或更长的监禁。

Curiously enough, torture was not regarded as a mode of punishment, but purely as a means of eliciting the truth.奇怪的是,酷刑是不被视为一种惩罚方式,而纯粹是引出真相的手段。It was not of ecclesiastical origin, and was long prohibited in the ecclesiastical courts.这不是教会的起源,并长期在教会法庭禁止。Nor was it originally an important factor in the inquisitional procedure, being unauthorized until twenty years after the Inquisition had begun.它也不是原来在inquisitional过程中的一个重要因素,未经批准的宗教裁判所,直到20年后开始。It was first authorized by Innocent IV in his Bull "Ad exstirpanda" of 15 May, 1252, which was confirmed by Alexander IV on 30 November, 1259, and by Clement IV on 3 November, 1265.这是第一次,在他的公牛“广告exstirpanda”5月15日,1252年,无辜第四证实了亚历山大四,1259 11月,由克莱门特四,30日,11月3日,第1265授权。The limit placed upon torture was citra membri diminutionem et mortis periculum -- ie, it was not to cause the loss of life or limb or imperil life.酷刑后置于限制斯特拉membri diminutionem等临终periculum - 也就是说,它是不会造成生命或肢体或危及生命的损失。Torture was to applied only once, and not then unless the accused were uncertain in his statements, and seemed already virtually convicted by manifold and weighty proofs.酷刑只有一次是到应用,并没有那么除非被告在他的陈述不明朗,似乎已经几乎由多方面的,有分量的证明而被定罪。In general, this violent testimony (quaestio) was to be deferred as long as possible, and recourse to it was permitted in only when all other expedients were exhausted.在一般情况下,这种暴力的证词(quaestio)要尽可能长地推迟,并求助于它允许在被用尽,只有当所有其他权宜。 Conscientious and sensible judges quite properly attached no great importance to confessions extracted by torture.相当认真和明智的法官正确连接酷刑逼供的供词没有重视。After long experience Eymeric declared: Quaestiones sunt fallaces et inefficaces -- ie the torture is deceptive and ineffectual.经过长期的经验Eymeric宣布:Quaestiones必须遵守fallaces等inefficaces - 即酷刑是欺骗性的和无效的。

Had this papal legislation been adhered to in practice, the historian of the Inquisition would have fewer difficulties to satisfy.这个教皇立法一直坚持在实践中,历史学家的宗教裁判所,将有更少的困难,以满足。In the beginning, torture was held to be so odious that clerics were forbidden to be present under pain of irregularity.在开始的时候,酷刑举行如此可憎,神职人员被禁止根据目前不规则的疼痛。Sometimes it had to be interrupted so as to enable the inquisitor to continue his examination, which, of course, was attended by numerous inconveniences.有时它被打断,使打破砂锅继续他的考试,其中,当然是由许多不便出席。Therefore on 27 April, 1260, Alexander IV authorized inquisitors to absolve one another of this irregularity.因此4月27日,1260年,亚历山大四授权的调查官开脱这个不规则。Urban IV on 2 August, 1262, renewed the permission, and this was soon interpreted as formal licence to continue the examination in the torture chamber itself.市四8月2日,1262,更新的权限,这很快就被解释为正式牌照,继续在刑场本身考试。The inquisitors manuals faithfully noted and approved this usage.调查官手册忠实地注意到,并批准了这一用法。The general rule ran that torture was to be resorted to only once.一般的规则运行,酷刑是使出只有一次。But this was sometimes circumvented -- first, by assuming that with every new piece of evidence the rack could be utilized afresh, and secondly, by imposing fresh torments on the poor victim (often on different days), not by way of repetition, but as a continuation (non ad modum iterationis sed continuationis), as defended by Eymeric; "quia, iterari non debent [tormenta], nisi novis supervenitibus indiciis, continuari non prohibentur."但这有时规避 - 第一,假设机架,每一条新的证据,可以重新利用,而第二,征收新鲜折磨可怜的受害者(通常是在不同的日子),而不是重复的方式,但(非广告modum iterationis SED continuationis)的延续,作为辩护Eymeric“quia,iterari非debent [tormenta],暂准novis supervenitibus indiciis,continuari非prohibentur。”But what was to be done when the accused, released from the rack, denied what he had just confessed?但什么是要做当被告,从机架上发布,否认他刚刚交待?Some held with Eymeric that the accused should be set at liberty; others, however, like the author of the "Sacro Arsenale" held that the torture should be continued, because the accused had too seriously incriminated himself by his previous confession.有的举行Eymeric,被告应在自由设置;别人,但是,像“圣山军械库举行的”的作者,酷刑,应继续下去,因为被告有牵连太认真,他以前的供述自己。 When Clement V formulated his regulations for the employment of torture, he never imagined that eventually even witnesses would be put on the rack, although not their guilt, but that of the accused, was in question.当克莱门特V酷刑就业制定的法规,他万万没有想到,最终甚至证人将在机架上,虽然不是他们有罪,但被告的,问题是。 From the pope's silence it was concluded that a witness might be put upon the rack at the discretion of the inquisitor.从教宗的沉默中得出的结论是,证人可能会打破砂锅的自由裁量权后,机架。Moreover, if the accused was convicted through witnesses, or had pleaded guilty, the torture might still he used to compel him to testify against his friends and fellow-culprits.此外,如果被告被定罪,通过证人,或已认罪,酷刑仍可能他用来强迫他作证指控他的朋友和同胞匪徒。 It would be opposed to all Divine and human equity -- so one reads in the "Sacro Arsenale, ovvero Pratica dell Officio della Santa Inquisizione" (Bologna, 1665) -- to inflict torture unless the judge were personally persuaded of the guilt of the accused.这将是反对所有神和人的权益 - 一曰“圣山军械库,ovvero Pratica戴尔官德拉圣诞老人Inquisizione”(博洛尼亚,1665年) - 除非法官亲自说服有罪施以酷刑被告。

But one of the difficulties of the procedure is why torture was used as a means of learning the truth.但程序的困难之一是为什么酷刑是学习真理的一种手段。On the one hand, the torture was continued until the accused confessed or intimated that he was willing to confess.一方面,酷刑是继续,直到被告人供述或暗示,他愿意承认。On the other hand, it was not desired, as in fact it was not possible, to regard as freely made a confession wrung by torture.另一方面,它是不希望的,因为事实上这是不可能的,视为自由招供酷刑拧。

It is at once apparent how little reliance may be placed upon the assertion so often repeated in the minutes of trials, "confessionem esse veram, non factam vi tormentorum" (the confession was true and free), even though one had not occasionally read in the preceding pages that, after being taken down from the rack (postquam depositus fuit de tormento), he freely confessed this or that.这是一次明显小的依赖可能会经常反复试验分钟的说法,“confessionem ESSE veram,非factam VI tormentorum”(供认是真实和自由)后,即使没有偶尔阅读前面几页,从机架(postquam depositus fuit tormento)后,他随意地交待这个或那个。However, it is not of greater importance to say that torture is seldom mentioned in the records of inquisition trials -- but once, for example in 636 condemnations between 1309 and 1323; this does not prove that torture was rarely applied.然而,更重要的不是说,酷刑是很少在宗教裁判所审判的记录中提到的 - 但有一次,例如在1309和1323之间的636的谴责,这并不能证明酷刑是很少应用。Since torture was originally inflicted outside the court room by lay officials, and since only the voluntary confession was valid before the judges, there was no occasion to mention in the records the fact of torture.因为酷刑最初造成外的庭室奠定官员,因为只有自愿认罪,法官之前有效,有没有机会提到酷刑的事实的记录。 On the other hand it, is historically true that the popes not only always held that torture must not imperil life or but also tried to abolish particularly grievous abuses, when such became known to them.另一方面,是历史上教皇不仅始终认为,真正的酷刑必须不危及生命或也试图取消特别严重的侵权行为,当这种出名他们。 Thus Clement V ordained that inquisitors should not apply the torture without the consent of the diocesan bishop.因此,克莱门特V受戒调查官,不应适用无教区主教同意酷刑。From the middle of the thirteenth century, they did not disavow the principle itself, and, as their restrictions to its use were not always heeded, its severity, though of tell exaggerated, was in many cases extreme.从十三世纪中叶,他们没有否认该原则本身,以及其使用的限制并非总是注意,它的严重性,虽然告诉夸张,在极端的许多案件中。

The consuls of Carcassonne in 1286 complained to the pope, the King of France, and the vicars of the local bishop against the inquisitor Jean Garland, whom they charged with inflicting torture in an absolutely inhuman manner, and this charge was no isolated one.在1286卡尔卡松领事抱怨教皇,法国国王和当地主教对打破砂锅让花环,他们绝对不人道的方式收取拷打教区牧师,这项收费没有孤立的。 The case of Savonarola has never been altogether cleared up in this respect.萨沃纳罗拉的情况下从来没有被完全清除,在这方面。 The official report says he had to suffer three and a half tratti da fune (a sort of strappado).官方报告说,他曾遭受三个半tratti DA fune(strappado排序)。When Alexander VI showed discontent with the delays of the trial, the Florentine government excused itself by urging that Savonarola was a man of extraordinary sturdiness and endurance, and that he had been vigorously tortured on many days (assidua quaestione multis diebus, the papal prothonotary, Burchard, says seven times) but with little effect.当亚历山大六世显示不满审判的拖延,回避佛罗伦萨政府敦促萨沃纳罗拉是一个非同寻常的坚固性和耐力的男子,和他曾经大力多天(assidua quaestione复合音色diebus,教皇prothonotary折磨, Burchard说,7倍),但收效甚微。

It is to be noted that torture was most cruelly used, where the inquisitors were most exposed to the pressure of civil authority.酷刑是最残酷的使用,其中的调查者最容易受到民间权威的压力,这是值得注意的。Frederick II, though always boasting of his zeal for the purity of the Faith, abused both rack and Inquisition to put out of the way his personal enemies.腓特烈二世,虽然总是吹嘘他的热情,信仰的纯洁性,滥用机架和宗教裁判所的方式,他个人的敌人。The tragical ruin of the Templars is ascribed to the abuse of torture by Philip the Fair and his henchmen.悲剧的圣殿废墟是由于菲利普博览会和他的追随者的酷刑虐待。At Paris, for instance, thirty-six, and at Sens twenty-five, Templars died as the result of torture.例如,在巴黎,三十六个,和桑斯二十五个,圣殿的酷刑而死亡。Blessed Joan of Arc could not have been sent to the stake as a heretic and a recalcitrant, if her judges had not been tools of English policy.祝福贞德不能被发送到股权作为一个邪教组织和顽抗,如果她的法官尚未英语政策的工具。 And the excesses of the Spanish Inquisition are largely due to the fact that in its administration civil purposes overshadowed the ecclesiastical.西班牙宗教裁判所的过激行为,主要是由于在其管理的民用目的的教会掩盖的事实。Every reader of the "Cautio criminalis" of the Jesuit Father Friedrich Spee knows to whose account chiefly must be set down the horrors of the witchcraft trials.每一个读者知道“Cautio criminalis”耶稣会的父亲弗里德里希SPEE的帐户,主要是必须订下的巫术审判的恐怖。

Most of the punishments that were properly speaking inquisitional were not inhuman, either by their nature or by the manner of their infliction.惩罚正确来说inquisitional大多是不人道的,无论是就其性质或由他们施加的方式。Most frequently certain good works were ordered, eg the building of a church, the visitation of a church, a pilgrimage more or less distant, the offering of a candle or a chalice, participation in a crusade, and the like.最常见的一些优秀作品被定购,如教堂的建设,探视的一所教堂,朝圣或多或少遥远,提供蜡烛或圣杯,参与十字军东征,和喜欢。 Other works partook more of the character of real and to some extent degrading punishments, eg fines, whose proceeds were devoted to such public purposes as church-building, road-making, and the like; whipping with rods during religious service; the pillory; the wearing of coloured crosses, and so on.其他工程真正在一定程度上有辱人格的惩罚,如罚款,其收益是专门为教会建设,道路的决策,并像这样的公共目的的性格partook棒在宗教服务鞭刑;笑柄;穿着彩色的十字架,等等。

The hardest penalties were imprisonment in its various degrees, exclusion from the communion of the Church, and the usually consequent surrender to the civil power.最难的刑罚监禁在不同程度,从教会的共融的排斥,通常随之而来的民间力量投降。"Cum ecclesia" ran the regular expression, "ultra non habeat quod faciat pro suis demeritis contra ipsum, idcirco, eundum reliquimus brachio et iudicio saeculari" -- ie since the Church can no farther punish his misdeeds, she leaves him to the civil authority. “暨Ecclesia的正则表达式”跑“超habeat狴faciat非亲猪demeritis禁忌ipsum,idcirco,eundum reliquimus brachio等iudicio saeculari” - 即自教会不能越走越惩罚他的劣迹,她离开他的民间权威。

Naturally enough, punishment as a legal sanction is always a hard and painful thing, whether decreed by civil or ecclesiastical justice.当然,作为一个法律制裁的惩罚始终是一个困难和痛苦的的事情,无论颁布民事或教会司法。There is, however, always an essential distinction between civil and ecclesiastical punishment.有,然而,始终是一个民间和教会的惩罚之间的本质区别。While chastisement inflicted by secular authority aims chiefly at punishment violation of the law, the Church seeks primarily the correction of the delinquent; indeed his spiritual welfare frequently so much in view that the element of punishment is almost entirely lost sight of.虽然世俗权力所带来的惩罚的目的主要是在违反法律的惩罚,教会的目的主要是纠正拖欠;事实上,他的精神福利频繁,所以在查看处罚元素几乎完全失去了视线。 Commands to hear Holy Mass on Sundays and holidays, to frequent religious services, to abstain from manual labour, to receive Communion at the chief festivals of the year, to forbear from soothsaying and usury, etc., can be efficacious as helps toward the fulfillment of Christian duties.命令听弥撒上周日和节假日,频繁的宗教服务,投弃权票,从手工劳动,接受共融在今年行政节日,隐忍预言和高利贷等,可有效朝着履行帮助基督教的职责。 It being furthermore incumbent on the inquisitor to consider not merely the external sanction, but also the inner change of heart, his sentence lost the quasi-mechanical stiffness so often characteristic of civil condemnation.此外现任打破砂锅考虑不仅仅是外部的制裁,但也对心脏的内在变化,他的一句民间的谴责,因此往往失去准机械刚度特点。 Moreover, the penalties incurred were on numberless occasions remitted, mitigated, or commuted.此外,汇往无数场合发生的刑罚,减轻或改判。In the records of the Inquisition we very frequently read that because of old age, sickness, or poverty in the family, the due punishment was materially reduced owing to the inquisitor's sheer pity, or the petition of a good Catholic.在宗教裁判所的记录,我们非常频繁读取应有的惩罚,因为年老,疾病,或在家庭中的贫困,重大减少由于打破砂锅纯粹的怜惜,或一个良好的天主教请愿。 Imprisonment for life was altered to a fine, and this to an alms; participation in a crusade was commuted into a pilgrimage, while a distant and costly pilgrimage became a visit to a neighboring shrine or church, and so on.终身监禁改为罚款,这一个施舍;参与征讨被减刑到朝圣,而成为一个遥远和昂贵的朝圣访问到邻近的神社或教堂,等等。If the inquisitor's leniency were abused, he was authorized to revive in full the original punishment.打破砂锅的宽大处理,如果被滥用,他被授权全面复苏,原处分。

On the whole, the Inquisition was humanely conducted.从总体上看,宗教裁判所是人道的进行。Thus we read that a son obtained his father's release by merely asking for it, without putting forward any special reasons.因此,我们读一个儿子得到父亲的释放,没有提出任何特殊的原因,只是要求它。Licence to leave risen for three weeks, three months, or an unlimited period - say until the recovery or decease of sick parents - was not infrequent.牌照离开上升了三个星期,三个月,或无限期 - 说,直到恢复或生病的父母去世 - 并不少见。Rome itself censured inquisitioners or deposed them because they were too harsh, but never because they mere too merciful.罗马本身谴责inquisitioners或废黜他们,因为他们太苛刻,但从来没有因为他们仅仅是太仁慈。

Imprisonment was not always accounted punishment in the proper sense: it was rather looked on as an opportunity for repentance, a preventive against backsliding or the infection of others.监禁不总是占在真正意义上的的惩罚:这是相当看作一个悔改的机会,反对倒退或感染他人的预防上。It was known as immuration (from the Latin murus, a wall), or incarceration, and was inflicted for a definite time or for life.它被称为immuration(拉丁美洲murus,墙上),或监禁,并造成一定时间或终生。Immuration for life was the lot of those who had failed to profit by the aforesaid term of grace, or had perhaps recanted only from fear of death, or had once before abjured heresy.对生活Immuration是由上述宽限期长期未能盈利,或从对死亡的恐惧,也许只有撤回了很多,或者一旦面前发誓放弃异端。

The murus strictus seu arctus, or carcer strictissimus, implied close and solitary confinement, occasionally aggravated by fasting or chains.murus strictus SEU arctus,或carcer strictissimus,暗示密切和单独监禁,偶尔由空腹或连锁加重。In practice, however, these regulations were not always enforced literally.然而,在实践中,这些规定并不总是强迫字面上。We read of immured persons receiving visits rather freely, playing games, or dining with their jailors.我们读immured接受访问,而自由人,玩游戏,或与他们jailors用餐。On the other hand, solitary confinement was at times deemed insufficient, and then the immured were put in irons or chained to the prison wall.另一方面,关禁闭是有时被视为不足,然后immured是在铁杆或链接到监狱围墙。 Members of a religious order, when condemned for life, were immured in their own convent, nor ever allowed to speak with any of their fraternity.一个宗教秩序的成员,对生活的谴责时,immured在自己的修道院,也永远不允许与任何他们的博爱发言。 The dungeon or cell was euphemistically called "In Pace"; it was, indeed, the tomb of a man buried alive.地牢或细胞美其名曰“步伐”,这是,事实上,一个人的坟墓活埋。It was looked upon as a remarkable favour when, in 1330, through the good offices of the Archbishop of Toulouse, the French king permitted a dignitary of a certain order to visit the "In Pace" twice a month and comfort his imprisoned brethren, against which favour the Dominicans lodged with Clement VI a fruitless protest.有人看低作为一个显着的青睐时,于1330年,通过斡旋图卢兹大主教,法国国王允许一定的顺序要人访问“的步伐”,每月两次,并安慰他被监禁的弟兄们,对这有利于与克莱门特六世一个徒劳的抗议,提出多米尼加。 Though the prison cells were directed to be kept in such a way as to endanger neither the life nor the health of occupants, their true condition was sometimes deplorable, as we see from a document published by JB Vidal (Annales de St-Louis des Francais, 1905 P. 362):虽然牢房指示要保持这样一种方式,既不是危及生命,也没有对居住者的健康,他们的真实情况,有时甚至是可悲的,因为我们看到JB维达尔(纪事圣路易斯DES的语言公布的一份文件1905年第362页):

In some cells the unfortunates were bound in stocks or chains, unable to move about, and forced to sleep on the ground .在某些细胞中,不幸的是股票或连锁店,不能走动的约束,并被迫睡在地面上。...There was little regard for cleanliness.有很少考虑清洁。In some cases there was no light or ventilation, and the food was meagre and very poor.在某些情况下,有没有光线或通风,食物是微薄的,很差。

Occasionally the popes had to put an end through their legates to similarly atrocious conditions.偶尔教皇已结束,通过他们的legates同样残暴的条件。After inspecting the Carcassonne and Albi prisons in 1306, the legates Pierre de la Chapelle and Béranger de Frédol dismissed the warden, removed the chains from the captives, and rescued some from their underground dungeons.检查卡尔卡松和阿尔比1306年的监狱后,该legates皮埃尔德拉沙佩勒Béranger DE Frédol解雇监狱长,取消从俘虏的枷锁,从地下的地牢,救出一些。The local bishop was expected to provide food from the confiscated property of the prisoner.当地主教,预计将提供食物,从囚犯被没收的财产。For those doomed to close confinement, it was meagre enough, scarcely more than bread and water.对于那些注定要禁闭,它是微薄不够,几乎比面包和水。It was, not long, however, before prisoners were allowed other victuals, wine and money also from outside, and this was soon generally tolerated.这是不长,但是,前囚犯被允许也从外面吃的,酒和钱,这很快就被普遍容忍。

Officially it was not the Church that sentenced unrepenting heretics to death, more particularly to the stake.正式这不是教会unrepenting异端,被判处死刑,尤其是股权。As legate of the Roman Church even Gregory IV never went further than the penal ordinances of Innocent III required, nor ever inflicted a punishment more severe than excommunication.作为特使的罗马教会,甚至格雷戈里四从来没有超过所需的刑法条例诺森三世,也没有造成比被逐出教会的惩罚更严重。 Not until four years after the commencement of his pontificate did he admit the opinion, then prevalent among legists, that heresy should be punished with death, seeing that it was confessedly no less serious an offence than high treason.直到四年后开始他的教皇,他承认的意见,legists,当时流行的异端邪说,应处以死刑,看到这是明白地比犯有叛国罪罪没有那么严重。 Nevertheless he continued to insist on the exclusive right of the Church to decide in authentic manner in matters of heresy; at the same time it was not her office to pronounce sentence of death.尽管如此,他继续坚持对教会的异端问题原汁原味地决定的独占权;在同一时间,这不是她的办公室发音被判处死刑。The Church, thenceforth, expelled from her bosom the impenitent heretic, whereupon the state took over the duty of his temporal punishment.从那时起,教会,开除她的怀里,不知悔改的邪教,于是国家在他颞处罚责任。

Frederick II was of the same opinion; in his Constitution of 1224 he says that heretics convicted by an ecclesiastical court shall, on imperial authority, suffer death by fire (auctoritate nostra ignis iudicio concremandos), and similarly in 1233 "praesentis nostrae legis edicto damnatos mortem pati decernimus."腓特烈二世是相同的看法,在他的1224宪法,他说,由教会法院定罪的异端应帝国权威,遭受火灾(auctoritate nostra伊格尼斯iudicio concremandos)死亡,而同样在1233年“praesentis nostrae立法理由edicto damnatos验尸帕蒂decernimus“。In this way Gregory IX may be regarded as having had no share either directly or indirectly in the death of condemned heretics.格雷戈里九这样可能会被视为曾份额直接或间接地谴责异端的死亡没有。Not so the succeeding popes.并非如此成功教皇。In the Bull "Ad exstirpanda" (1252) Innocent IV says:在牛市的“广告exstirpanda”(1252)无辜四说:

When those adjudged guilty of heresy have been given up to the civil power by the bishop or his representative, or the Inquisition, the podestà or chief magistrate of the city shall take them at once, and shall, within five days at the most, execute the laws made against them.当那些被判定犯的异端已放弃由主教或他的代表,或宗教裁判所的民间力量,波德斯塔或城市的首席裁判官应采取他们一次,并应在最五天内,执行法律对他们。

Moreover, he directs that this Bull and the corresponding regulations of Frederick II be entered in every city among the municipal statutes under pain of excommunication, which was also visited on those who failed to execute both the papal and the imperial decrees.此外,他还指示在每一个城市进入市政法规痛下被逐出教会,这也是对那些未能执行两个教皇和帝国法令访问中,这个牛市和腓特烈二世的相应法规。 Nor could any doubt remain as to what civil regulations were meant, for the passages which ordered the burning of impenitent heretics were inserted in the papal decretals from the imperial constitutions "Commissis nobis" and "Inconsutibilem tunicam".也不可能有任何疑问留什么公务员规例的意思,下令焚烧不知悔改的异教徒帝国宪法“Commissis nobis”和“Inconsutibilem tunicam”教皇decretals插入的通道。The aforesaid Bull "Ad exstirpanda" remained thenceforth a fundamental document of the Inquisition, renewed or reinforced by several popes, Alexander IV (1254-61), Clement IV (1265-68), Nicholas IV (1288-02), Boniface VIII (1294-1303), and others.上述红牛“广告exstirpanda”依然此后的宗教裁判所的基本文件,更新或几个教皇亚历山大四世(1254年至1261年),克莱门特四(1265年至1268年),尼古拉四(1288年至1202年),波尼法爵八钢筋( 1294年至1303年),和其他人。The civil authorities, therefore, were enjoined by the popes, under pain of excommunication to execute the legal sentences that condemned impenitent heretics to the stake.民事当局,因此,责成由教皇逐出教会的疼痛下,执行法律的句子,谴责不知悔改的异教徒股权。It is to he noted that excommunication itself was no trifle, for, if the person excommunicated did not free himself from excommunication within a year, he was held by the legislation of that period to be a heretic, and incurred all the penalties that affected heresy.他指出,被逐出教会本身是没有小事,逐出教会的人如果没有释放自己在一年内被逐出教会,他是由这一时期的一个邪教组织的立法举行,以及发生的所有的处罚,受影响的异端。

The Number of Victims.受害者的数量。

How many victims were handed over to the civil power cannot be stated with even approximate accuracy.许多受害者被移交给公务员的权力,不能说与甚至近似精度。We have nevertheless some valuable information about a few of the Inquisition tribunals, and their statistics are not without interest.不过,我们有一些有关的宗教裁判法庭的几个有价值的信息,和他们的统计,不计利息。At Pamiers, from 1318 to 1324, out of twenty-four persons convicted but five were delivered to the civil power, and at Toulouse from 1308 to 1323, only forty-two out of nine hundred and thirty bear the ominous note "relictus culiae saeculari". Pamiers,从1318到1324,出二十四人被定罪,但五人交付给公务员的权力,并从第1308到1323在图卢兹,只有四十九个一百三十承担不祥注意“relictus culiae saeculari “。Thus, at Pamiers one in thirteen, and at Toulouse one in forty-two seem to have been burnt for heresy although these places were hotbeds of heresy and therefore principal centres of the Inquisition.因此,似乎在Pamiers在13个,并在图卢兹在四十二个,已被烧毁,虽然这些地方的异端的温床,因此主要的金融中心的宗教裁判所异端。 We may add, also, that this was the most active period of the institution.我们可能会增加,同时,这是该机构最活跃的时期。

These data and others of the same nature bear out the assertion that the Inquisition marks a substantial advance in the contemporary administration of justice, and therefore in the general civilization of mankind.承担了这些数据和其他性质相同的断言,宗教裁判所,标志着实质性的推进,在当代司法行政,因此,在人类文明。A more terrible fate awaited the heretic when judged by a secular court.由世俗法院的判断时,一个更可怕的命运,期待已久的邪教。 In 1249 Count Raymund VII of Toulouse caused eighty confessed heretics to be burned in his presence without permitting them to recant.在1249 Raymund第七图卢兹伯爵造成八十承认未经允许他们认错,在他面前焚烧的异端。It is impossible to imagine any such trials before the Inquisition courts.这是无法想象这种审判之前,任何的宗教裁判所法院。 The large numbers of burnings detailed in various histories are completely unauthenticated, and are either the deliberate invention of pamphleteers, or are based on materials that pertain to the Spanish Inquisition of later times or the German witchcraft trials (Vacandard, op. cit., 237 sqq.).在各个历史详细的焚烧大量完全未经验证的,是故意的pamphleteers发明,或基础材料,涉及到稍后的时间或德国的巫术审判的西班牙宗教裁判所“(Vacandard,同上,237 SQQ。)

Once the Roman Law touching the crimen laesae majestatis had been made to cover the case of heresy, it was only natural that the royal or imperial treasury should imitate the Roman fiscus, and lay claim to the property of persons condemned.一旦触摸crimen laesae majestatis罗马法已经取得了盖的异端,它只是自然的皇家或帝国国库应模仿罗马国库,并声称谴责人的财产。It was fortunate, though inconsistent and certainly not strict justice, that this penalty did not affect every condemned person, but only those sentenced to perpetual confinement or the stake.它是幸运的,虽然不一致的,肯定不是严格的司法,这个点球没有影响到每一个谴责的人,但只有那些被判永久监禁或股权。 Even so, this circumstance added not a little to the penalty, especially as in this respect innocent people, the culprit's wife and children, were the chief sufferers.即便如此,这种情况下补充没有一点点的刑罚,特别是无辜的人,匪徒的妻子和孩子在这方面,行政患者。Confiscation was also decreed against persons deceased, and there is a relatively high number of such judgments.没收还下令对死者的人,和这样的判断有一个比较高的数字。Of the six hundred and thirty-six cases that came before the inquisitor Bernard Gui, eighty-eight pertained to dead people.六个一百三十六个案件来到之前打破砂锅伯纳德桂,八十八个涉及到死的人。

(e) The Final Verdict(五)最终的裁决

The ultimate decision was usually pronounced with solemn ceremonial at the sermo generalis -- or auto-da-fé (act of faith), as it was later called.最终的决定通常是明显sermo generalis在庄严的仪式 - 或自动DA - FE(信仰的行为),因为它后来被称为。One or two days prior to this sermo everyone concerned had the charges read to him again briefly, and in the vernacular; the evening before he was told where and when to appear to hear the verdict.一两天之前,有关这个sermo大家都已经读取的收费再次向他简单地说,在白话;前一天晚上,有人告诉他在哪里时,似乎听到判决。 The sermo, a short discourse or exhortation, began very early in the morning; then followed the swearing in of the secular officials, who were made to vow obedience to the inquisitor in all things pertaining to the suppression of heresy. sermo,一个简短的话语或规劝,很早就开始在早上;随后的世俗官员,谁是誓言服从,在所有有关镇压异端的事情打破砂锅宣誓就职。Then regularly followed the so-called "decrees of mercy" (ie commutations, mitigations, and remission of previously imposed penalties), and finally due punishments were assigned to the guilty, after their offences had been again enumerated.然后定期随诊怜悯所谓的“法令”(即折,缓解和缓解以前判处刑罚),终于被分配到应有的惩罚有罪的,他们的罪行后,已再次列举。 This announcement began with the minor punishments, and went on to the most severe, ie, perpetual imprisonment or death.本公告开始与未成年人的处罚,最严重的,即永久监禁或死亡。Thereupon the guilty were turned over to the civil power, and with this act the sermo generalis closed, and the inquisitional proceedings were at an end.于是,有罪上缴民间力量,与这种行为sermo generalis封闭,并inquisitional诉讼结束。

(3) The chief scene of the Inquisition's activity was Central and Southern Europe. (3)的宗教裁判所的活动的行政的场景是中欧和南欧。The Scandinavian countries were spared altogether.斯堪的纳维亚国家完全幸免。It appears in England only on the occasion of the trial of the Templars, nor was it known in Castile and Portugal until the accession of Ferdinand and Isabella.它出现在英格兰,只有在审判圣殿之际,也不是卡斯蒂利亚和葡萄牙,直到加入费迪南和伊莎贝拉。It was introduced into the Netherlands with the Spanish domination, while in Northern France it was relatively little known.据介绍到荷兰与西班牙人的统治,而在法国北部,它是相对鲜为人知。On the other hand, the Inquisition, whether because of the particularly perilous sectarianism there prevalent or of the greater severity of ecclesiastical and civil rulers, weighed heavily on Italy (especially Lombardy), on Southern France (in particular the country of Toulouse and on Languedoc) and finally on the Kingdom of Aragon and on Germany.另一方面,宗教裁判所,是否因为有普遍的特别危险的宗派主义或更严重的教会和民间统治者,沉重地压在意大利(尤其是伦巴第大区)在法国南部(特别是图卢兹国家和朗格多克)和最后的阿拉贡王国和德国。 Honorius IV (1285-87) introduced it into Sardinia, and in the fifteenth century it displayed excessive zeal in Flanders and Bohemia.撒丁岛挪四(1285年至1287年)引入,并在15世纪,它显示在佛兰德和波西米亚的过度热情。The inquisitors were, as a rule, irreproachable, not merely in personal conduct, but in the administration of their office.一来,调查,规则,无可指责的,不仅仅是个人行为,但在他们的办公室管理。Some, however, like Robert le Bougre, a Bulgarian (Catharist) convert to Christianity and subsequently a Dominican, seem to have yielded to a blind fanaticism and deliberately to have provoked executions en masse.然而,有些像罗伯特乐Bougre,保加利亚(Catharist)转换基督教和随后一个多米尼加,似乎已经取得了一个盲目狂热和故意挑起处决集体。 On 29 May, 1239, at Montwimer in Champagne, Robert consigned to the flames at one time about a hundred and eighty persons, whose trial had begun and ended within one week.于5月,1239年,位于香槟Montwimer 29日,罗伯特在约一百八十人,其审判已经开始,一个星期内结束一次燃起熊熊大火。Later, when Rome found that the complaints against him were justified, he was first deposed and then incarcerated for life.后来,当罗马发现,对他的投诉是合理的,他是第一个被废黜,然后终身监禁。

(4) How are we to explain the Inquisition in the light of its own period? (4)我们如何解释在自己的时期,宗教裁判所吗?For the true office of the historian is not to defend facts and conditions, but to study and understand them in their natural course and connection.对于真正的历史学家办公室是不捍卫事实和条件,但学习和理解他们在他们的自然过程和连接。It is indisputable that in the past scarcely any community or nation vouchsafed perfect toleration to those who set up a creed different from that of the generality.这是不争的事实,在过去几乎没有任何社会或国家赐予的完美容忍那些成立不同于一般性的信条。A kind of iron law would seem to dispose mankind to religious intolerance.一种铁律似乎处置人类的宗教不容忍。Even long before the Roman State tried to check with violence the rapid encroachments of Christianity, Plato had declared it one of the supreme duties of the governmental authority in his ideal state to show no toleration towards the "godless" -- that is, towards those who denied the state religion -- even though they were content to live quietly and without proselytizing; their very example, he said would be dangerous.甚至很久以前,罗马国家试图检查与基督教的暴力迅速侵占,柏拉图曾宣布它在他的理想状态下的政府权力至高无上的职责之一,显示对“不信神的”没有容忍 - 这是对那些否认国教 - 尽管他们的内容静静地生活,没有说教,他们的例子,他说,将是危险的。They were to be kept in custody; "in a place where one grew wise" (sophronisterion), as the place of incarceration was euphemistically called; they should be relegated thither for five years, and during this time listen to religious instruction every day.他们将被羁押,“增长了明智的地方之一”(sophronisterion),作为监禁的地方是美其名曰;他们应退居五年上去,并在此期间,每天听取宗教指令。 The more active and proselytizing opponents of the state religion were to be imprisoned for life in dreadful dungeons, and after death to be deprived of burial.国家宗教更加积极和传教对手囚禁生活在可怕的地牢,死后被埋葬的剥夺。It is thus evident what little justification there is for regarding intolerance as a product of the Middle Ages.由此可见,有什么理由是中世纪的产物不容忍。Everywhere and always in the past men believed that nothing disturbed the common weal and public peace so much as religious dissensions and conflicts, and that, on the other hand, a uniform public faith was the surest guarantee for the State's stability and prosperity.无处不在,始终在过去的人认为没有这么多的宗教纷争和冲突,扰乱了共同的疾苦和公共和平和,一个统一的公众信心,另一方面是为国家的稳定和繁荣的最可靠保证。 The more thoroughly religion had become part of the national life, and the stronger the general conviction of its inviolability and Divine origin, the more disposed would men be to consider every attack on it as an intolerable crime against the Deity and a highly criminal menace to the public peace.更彻底的宗教已成为国民生活的一部分,越强它的不可侵犯性和神圣的起源的普遍的信念,更倾向于男子将被视为对神和高度犯罪的威胁的不可容忍的犯罪攻击上的每一公众安宁。 The first Christian emperors believed that one of the chief duties of an imperial ruler was to place his sword at the service of the Church and orthodoxy, especially as their titles of "Pontifex Maximus" and "Bishop of the Exterior" seemed to argue in them Divinely appointed agents of Heaven.第一个基督教皇帝相信,一个帝国的统治者的主要职责之一是地方教会和正统的服务,他的剑,特别是作为“头衔”教皇的Maximus“和”主教的外表似乎在他们争辩天坛神委任代理人。

Nevertheless the principal teachers of the Church held back for centuries from accepting in these matters the practice of the civil rulers; they shrank particularly from such stern measures against heresy as punishment, both of which they deemed inconsistent with the spirit of Christianity.尽管如此,教会的主要教师举行了几个世纪,从接受在这些问题上的民间统治者的做法,尤其是从这样严厉的措施打击异端,作为惩罚,他们认为这两者不符合基督教精神萎缩。 But, in the Middle Ages, the Catholic Faith became alone dominant, and the welfare of the Commonwealth came to be closely bound up with the cause of religious unity.但是,在中世纪,天主教信仰成为单独占主导地位,和联邦福利来与宗教团结的事业息息相关。King Peter of Aragon, therefore, but voiced the universal conviction when he said: "The enemies of the Cross of Christ and violators of the Christian law are likewise our enemies and the enemies of our kingdom, and ought therefore to be dealt with as such."国王彼得的阿拉贡,因此,但对普遍的信念时,他说:“十字架的基督,违反基督教法律的敌人也同样是我们的敌人和我们的王国的敌人,并应因此要处理这样“。 Emperor Frederick II emphasized this view more vigorously than any other prince, and enforced it in his Draconian enactments against heretics.皇帝腓特烈二世强调,这比任何其他王子的观点更加积极,并强迫他的严厉打击异端成文法。

The representative of the Church were also children of their own time, and in their conflict with heresy accepted the help that their age freely offered them, and indeed often forced upon them.教会的代表也被自己的时间的儿童,在与异端的冲突接受了,他们的年龄自由为他们提供帮助,并的确经常强迫他们。Theologians and canonists, the highest and the saintliest, stood by the code of their day, and sought to explain and to justify it.神学家和圣教法典,最高saintliest,站在他们一天的代码,并试图解释,并证明它。The learned and holy Raymund of Pennafort, highly esteemed by Gregory IX, was content with the penalties that dated from Innocent III, viz., the ban of the empire, confiscation of property, confinement in prison, etc. But before the end of the century, St. Thomas Aquinas (Summa Theol., II-II:11:3 and II-II:11:4>) already advocated capital punishment for heresy though it cannot be said that his arguments altogether compel conviction.教训和神圣的彭纳福特Raymund,高度尊敬的格雷戈里九,内容与惩罚,从英诺森三世,即月,帝国的禁令,没收财产,囚禁在监狱中,等,但年底前的世纪,圣托马斯阿奎那(大全Theol,II - II:11:3和II - II:11:4>)已经提倡异端死刑,虽然不能说,他的论点完全迫使定罪。The Angelic Doctor, however speaks only in a general way of punishment by death, and does not specify more nearly the manner of its infliction.天使般的医生,但是只说了死刑的惩罚方式,并没有指定其施加的方式更近。

This the jurists did in a positive way that was truly terrible.这是法学家也以积极的方式,真正可怕的。 The celebrated Henry of Segusia (Susa), named Hostiensis after his episcopal See of Ostia (d. 1271), and the no less eminent Joannes Andreae (d. 1345), when interpreting the Decree "Ad abolendam" of Lucius III, take debita animadversio (due punishment) as synonymous with ignis crematio (death by fire), a meaning which certainly did not attach to the original expression of 1184.的Segusia庆祝亨利(苏萨),命名后,他的主教的奥斯蒂亚见(卒于1271)Hostiensis,和不低于杰出Joannes Andreae(卒于1345),在解释法令“广告abolendam”卢三,采取debita animadversio应有的惩罚伊格尼斯crematio(因火灾死亡),肯定没有连接到1184的原始表达式的含义的代名词。Theologians and jurists based their attitude to some extent on the similarity between heresy and high treason (crimen laesae maiestatis), a suggestion that they owed to the Law of Ancient Rome.神学家和法学家,他们的态度在一定程度上对异端和高叛国罪(罪laesae maiestatis),建议他们欠古罗马法之间的相似性。They argued, moreover, that if the death penalty could be rightly inflicted on thieves and forgers, who rob us only of worldly goods, how much more righteously on those who cheat us out of supernatural goods -- out of faith, the sacraments, the life of the soul.此外,他们认为,如果死刑可以如何正确地给小偷和伪造,抢我们的只有世俗的商品,更理直气壮地对那些欺骗我们超自然的货​​物 - 出于信仰,圣礼,生命的灵魂。In the severe legislation of the Old Testament (Deuteronomy 13:6-9; 17:1-6) they found another argument.在旧约严重的立法(申13:6-9; 17:1-6),他们发现了另一种说法。And lest some should urge that those ordinances were abrogated by Christianity, the words of Christ were recalled: "I am not come to destroy, but to fulfill" (Matthew 5:17); also His other saying (John 15:6): "If any one abide not in me, he shall be cast forth as a branch, and shall wither, and they shall gather him up, and cast him into the fire, and he burneth" (in ignem mittent, et ardet).以免一些应该敦促这些条例被废除基督教,基督的话回忆说:“我不是来破坏,但要完成”(马太福音5:17);也是他的其他说法(约翰福音15:6): “如果我不遵守任何一个,他应投提出的一个分支,并应枯萎,并应当收集他,和他扔在火,和他burneth”(ignem间歇,等ardet)。 It is well known that belief in the justice of punishing heresy with death was so common among the sixteenth century reformers -- Luther, Zwingli, Calvin, and their adherents -- that we may say their toleration began where their power ended.这是众所周知,在惩治异端与死亡的正义的信念是​​在十六世纪的改革者 - 路德,茨温利,卡尔文,和他们的追随者 - 我们可以说他们的容忍开始他们的权力结束。The Reformed theologian, Hieronymus Zanchi, declared in a lecture delivered at the University of Heidleberg:改革的神学家,海欧纳莫斯Zanchi Heidleberg大学发表演讲,宣布:

We do not now ask if the authorities may pronounce sentence of death upon heretics; of that there can be no doubt, and all learned and right-minded men acknowledge it.我们现在不要求当局可能被判处死刑后异端发音,可毫无疑问,和所有的经验教训和正直的男性承认这一点。The only question is whether the authorities are bound to perform this duty.唯一的问题是当局是否必然要执行这项职务。

And Zanchi answers this second question in the affirmative, especially on the authority of "all pious and learned men who have written on the subject in our day" [Historisch-politische Blatter, CXL, (1907), p. Zanchi答案是肯定的这第二个问题,特别是在[历史,政治的布拉特,CXL,(1907),“所有的虔诚和教训,已经写在我们今天关于这个问题的男人”的权威 364].364]。It may be that in modern times men judge more leniency the views of others, but does this forthwith make their opinions objectively more correct than those of their predecessors?这可能是在近代男性法官更宽大别人的意见,但是这立即使他们的意见,客观上更比他们的前辈的正确的吗? Is there no longer any inclination to persecution?难道再无任何迫害倾向呢?As late as 1871 Professor Friedberg wrote in Holtzendorff's "Jahrbuch fur Gesetzebung": "If a new religious society were to be established today with such principles as those which, according to the Vatican Council, the Catholic Church declares a matter of faith, we would undoubtedly consider it a duty of the state to suppress, destroy, and uproot it by force" (Kölnische Volkszeitung, no. 782, 15 Sept., 1909).由于后期作为1871年教授弗里德伯格写道Holtzendorff的“Jahrbuch毛皮Gesetzebung”:“如果今天要建立这样的原则,根据梵蒂冈会,天主教会宣布一个信仰的问题,我们将一个新的宗教社会的话无疑认为这是一个国家的责任,压制,摧毁和铲除它的力量“(Kölnische人民报,782,15日,1909年)。 Do these sentiments indicate an ability to appraise justly the institutions and opinions of former centuries, not according to modern feelings, but to the standards of their age?这些观点表明,公正的评价机构和前几个世纪的意见的能力,而不是按照现代感情,但他们的年龄标准?

In forming an estimate of the Inquisition, it is necessary to distinguish clearly between principles and historical fact on the one hand, and on the other those exaggerations or rhetorical descriptions which reveal bias and an obvious determination to injure Catholicism, rather than to encourage the spirit of tolerance and further its exercise.在形成的宗教裁判所的估计,有必要明确区分的原则和历史事实,一方面,和其他那些言过其实或修辞的描述,揭示偏见和一个明显的决心伤害天主教,而不是鼓励的精神宽容和进一步的行使。 It is also essential to note that the Inquisition, in its establishment and procedure, pertained not to the sphere of belief, but to that of discipline.同样重要的是要注意宗教裁判所的建立和程序,不涉及到信仰的领域,但纪律。The dogmatic teaching of the Church is in no way affected by the question as to whether the Inquisition was justified in its scope, or wise in its methods, or extreme in its practice.教会的教条式的教学是没有办法中的问题的影响是否在其范围,或在其方法明智的,或在实践中的极端合理的宗教裁判所。 The Church established by Christ, as a perfect society, is empowered to make laws and inflict penalties for their violation.由基督建立了一个完美的社会,教会,是有权制定法律,并施以处罚侵犯。Heresy not only violates her law but strikes at her very life, unity of belief; and from the beginning the heretic had incurred all the penalties of the ecclesiastical courts.异端不仅违反了法律,但罢工,她在她的生命,团结的信念,从一开始就招致邪教教会法庭的处罚。When Christianity became the religion of the Empire, and still more when the peoples of Northern Europe became Christian nations, the close alliance of Church and State made unity of faith essential not only to the ecclesiastical organization, but also to civil society.当基督教成为帝国的宗教,还有更多的北欧人民成为基督教国家,教会与国家的紧密联盟,不仅要教会组织的信仰至关重要的团结,而且也给民间社会。 Heresy, in consequence, was a crime which secular rulers were bound in duty to punish.异端邪说,因此,是一个世俗统治者的责任,惩罚犯罪。It was regarded as worse than any other crime, even that of high treason; it was for society in those times what we call anarchy.它被认为是比任何其他罪行更糟糕,甚至是叛国罪;它在的时候我们调用无政府状态的社会。Hence the severity with which heretics were treated by the secular power long before the Inquisition was established.因此,很久以前的宗教裁判所成立由世俗权力处理与异端的严重性。

As regards the character of these punishments, it should be considered that they were the natural expression not only of the legislative power, but also of the popular hatred for heresy in an age that dealt both vigorously and roughly with criminals of every type.至于这些惩罚的性质,它应该被认为是,他们不仅立法权的自然流露,但也处理所有类型的罪犯大力大约在这样一个时代流行的仇恨为异端邪说。 The heretic, in a word, was simply an outlaw whose offence, in the popular mind, deserved and sometimes received a punishment as summary as that which is often dealt out in our own day by an infuriated populace to the authors of justly detested crimes.邪教,一个字,只是一个无法无天的罪行,在流行的心中,当之无愧的和有时受到惩罚,这往往是在我们自己的一天处理由激怒了民众的公正憎恶的罪行作者总结。 That such intolerance was not peculiar to Catholicism, but was the natural accompaniment of deep religious conviction in those, also, who abandoned the Church, is evident from the measures taken by some of the Reformers against those who differed from them in matters of belief.这种不容忍,不特有的天主教,但在那些深的宗教信念的自然伴奏,也放弃教会,是对那些从他们不同的信仰问题的一些改革者所采取的措施明显。 As the learned Dr. Schaff declares in his "History of the Christian Church" (vol. V, New York, 1907, p. 524),由于学博士沙夫宣称他的“基督教会史”(第五卷,纽约,1907年,第524页),

To the great humiliation of the Protestant churches, religious intolerance and even persecution unto death were continued long after the Reformation.伟大的屈辱的新教教堂,宗教不容忍,甚至迫害至死​​继续宗教改革后不久。In Geneva the pernicious theory was put into practice by state and church, even to the use of torture and the admission of the testimony of children against their parents, and with the sanction of Calvin.在日内瓦的恶性理论付诸实践,由国家和教会,甚至使用酷刑和对儿童及其父母的证词录取,并与加尔文的制裁。Bullinger, in the second Helvetic Confession, announced the principle that heresy could be punished like murder or treason.布凌格,在第二海尔维供认,宣布的原则,异端邪说,也能像谋杀罪或叛国罪论处。

Moreover, the whole history of the Penal Laws against Catholics in England and Ireland, and the spirit of intolerance prevalent in many of the American colonies during the seventeenth and eighteenth centuries may be cited in proof thereof.此外,刑法对天主教徒在英格兰和爱尔兰,和不容忍的精神,在十七和十八世纪美洲殖民地的许多流行的整个历史证明及其可引。 It would obviously be absurd to make the Protestant religion as such responsible for these practices.如负责这些做法,使新教的宗教,这显然是荒谬的。But having set up the principle of private judgment, which, logically applied, made heresy impossible, the early Reformers proceeded to treat dissidents as the medieval heretics had been treated.不过,设立私人判断的原则,这在逻辑上应用,使异端不可能,早期的改革者进行治疗中世纪异端经治疗后已持不同政见者。 To suggest that this was inconsistent is trivial in view of the deeper insight it affords into the meaning of a tolerance which is often only theoretical and the source of that intolerance which men rightly show towards error, and which they naturally though not rightly, transfer to the erring.为了表明,这是不一致的,是在更深入的了解琐碎,其中男性正确地显示对错误,和他们自然虽然不是正确的转移到这是一种宽容往往只是理论上的和不容忍的根源的意义给予犯错误的。

B. The Inquisition in SpainB.在西班牙的宗教裁判所

(1) Historical Facts(1)历史事实

Religious conditions similar to those in Southern France occasioned the establishment of the Inquisition in the neighboring Kingdom of Aragon.类似在法国南部所引致的宗教裁判所的建立在邻近的阿拉贡王国的宗教条件。As early as 1226 King James I had forbidden the Catharists his kingdom, and in 1228 had outlawed both them and their friends.早在1226国王詹姆斯,我已经禁止他Catharists王国,1228年已取缔他们和他们的朋友。 A little later, on the advice of his confessor, Raymund of Pennafort, he asked Gregory IX to establish the Inquisition in Aragon.过了一会儿,他忏悔的意见,彭纳福特Raymund,他问格雷戈里九,建立在阿拉贡的宗教裁判所。By the Bull "Declinante jam mundi" of 26 May, 1232, Archbishop Esparrago and his suffragans were instructed to search, either personally or by enlisting the services of the Dominicans or other suitable agents, and condignly punish the heretics in their dioceses.公牛“Declinante果酱蒙迪”5月26日,1232,Esparrago大主教和他的suffragans指示进行搜索,亲自或由征募多米尼加或其他合适的代理商的服务,并condignly在他们的教区惩罚异端。 At the Council of Lérida in 1237 the Inquisition was formally confided to the Dominicans and the Franciscans.莱里达在1237会在宗教裁判所正式私下向多米尼加和方济会。At the Synod of Tarragona in 1242, Raymund of Pennafort defined the terms haereticus, receptor, fautor, defensor, etc., and outlined the penalties to be inflicted.在塔拉戈纳在1242主教,彭纳福特Raymund定义的条款haereticus,受体,fautor,德芬索等,并概述了要遭受的刑罚。 Although the ordinances of Innocent IV, Urban IV, and Clement VI were also adopted and executed with strictness by the Dominican Order, no striking success resulted.虽然无辜四,市第四,第六和克莱门特条例还通过了与多米尼加令严格执行,导致没有斐然。The Inquisitor Fray Pence de Planes was poisoned, and Bernardo Travasser earned the crown of martyrdom at the hands of the heretics.打破砂锅弗赖便士的飞机是被毒死的,和贝尔纳多Travasser异教徒手中获得殉道的冠冕。Aragon's best-known inquisitor is the Dominican Nicolas Eymeric (Quétif-Echard, "Scriptores Ord. Pr.", I, 709 sqq.).阿拉贡的最有名的砂锅多米尼加萨科Eymeric(Quétif埃沙尔,“条例Scriptores。PR。”我,709 SQQ)。His "Directorium Inquisitionis" (written in Aragon 1376; printed at Rome 1587, Venice 1595 and 1607), based on forty-four years experience, is an original source and a document of the highest historical value.他的“Directorium Inquisitionis”(1376阿拉贡书面; 1587年,在罗马威尼斯1595年和1607年印刷),四十四年的经验为基础,是一个原始的源和文件的历史最高值。

The Spanish Inquisition, however, properly begins with the reign of Ferdinand the Catholic and Isabella.然而,西班牙宗教裁判所正确地开始与天主教费迪南德和伊莎贝拉统治。The Catholic faith was then endangered by pseudo-converts from Judaism (Marranos) and Mohammedanism (Moriscos).信仰天主教当时濒危伪转换,从犹太教(Marranos)和伊斯兰教(Moriscos)。On 1 November, 1478, Sixtus IV empowered the Catholic sovereigns to set up the Inquisition. 11月1日,第1478​​,Sixtus IV授权设立的宗教裁判所天主教君主。The judges were to be at least forty years old, of unimpeachable reputation, distinguished for virtue and wisdom, masters of theology, or doctors or licentiates of canon law, and they must follow the usual ecclesiastical rules and regulations.法官们必须至少40岁,无懈可击的声誉,尊敬的美德和智慧,神学大师,或教会法的医生或执照医生,他们必须按照通常的教会法规和规章。 On 17 September, 1480, Their Catholic Majesties appointed, at first for Seville, the two Dominicans Miguel de Morillo and Juan de San Martin as inquisitors, with two of the secular clergy assistants. 9月17日,1480,他们的天主教陛下委任,作为调查者在塞维利亚两个多米尼加米格尔德Morillo的胡安德圣马丁,与世俗教士的助理。

Before long complaints of grievous abuses reached Rome, and were only too well founded.长期严重侵犯的投诉之前到达罗马,只是太很有道理。In a Brief of Sixtus IV of 29 January 1482, they were blamed for having, upon the alleged authority of papal Briefs, unjustly imprisoned many people, subjected them to cruel tortures, declared them false believers, and sequestrated the property of the executed.在1482年1月29日的第四Sixtus的简介,他们指责时指称教皇简报权威,有很多人蒙冤入狱,受到残酷的折磨,宣布他们的假信徒,并查封财产的执行。 They were at first admonished to act only in conjunction with the bishops, and finally were threatened with deposition, and would indeed have been deposed had not Their Majesties interceded for them.他们告诫首先采取行动,与主教一起,终于与沉积的威胁,并确实已被废黜没有陛下为他们调解。

Fray Tomás Torquemada (b. at Valladolid in 1420, d. at Avila, 16 September, 1498) was the true organizer of the Spanish Inquisition.弗赖托马斯托尔克马达(B.在巴利亚多利德于1420年,1498年9月16日,在阿维拉,D.),是西班牙宗教裁判所的真正组织者。 At the solicitation of their Spanish Majesties (Paramo, II, tit. ii, c, iii, n. 9) Sixtus IV bestowed on Torquemada the office of grand inquisitor, the institution of which indicates a decided advance in the development of the Spanish Inquisition.在征求他们的西班牙国王和王后陛下(帕拉莫,第二,第二针锋相对。,C,三,注9)托尔克马达赋予Sixtus第四盛大调查官办公室,其机构表示决定提前在西班牙宗教裁判所的发展。 Innocent VIII approved the act of his predecessor, and under date of 11 February, 1486, and 6 February, 1487, Torquemada was given dignity of grand inquisitor for the kingdoms of Castile, Leon, Aragon, Valencia, etc. The institution speedily ramified from Seville to Cordova, Jaén, Villareal, and Toledo, About 1538 there were nineteen courts, to which three were afterwards added in Spanish America (Mexico, Lima, and Cartagena).诺森八世批准了他的前任的行为,日期2月11日,1486,2月6日,1487下,托尔克马达王国卡斯蒂利亚,莱昂,阿拉贡,巴伦西亚盛大调查官的尊严等机构迅速分枝塞维利亚到科尔多瓦哈恩,维拉里尔,,托莱多,关于1538有19法庭,这三人后来在美国西班牙语(墨西哥,利马,和“卡塔赫纳)添加。 Attempts at introducing it into Italy failed, and the efforts to establish it in the Netherlands entailed disastrous consequences for the mother country.在引入意大利的尝试失败,并努力建立它在荷兰给祖国带来灾难性的后果。In Spain, however, it remained operative into the nineteenth century.在西班牙,但是,它仍然执行到19世纪。Originally called into being against secret Judaism and secret Islam, it served to repel Protestantism in the sixteenth century, but was unable to expel French Rationalism and immorality of the eighteenth.本来对秘密犹太教和伊斯兰教的秘密,它击退了在16世纪的新教,但无法驱逐法国理性主义和不道德的18。 King Joseph Bonaparte abrogated it in 1808, but it was reintroduced by Ferdinand VII in 1814 and approved by Pius VII on certain conditions, among others the abolition of torture.国王约瑟夫波拿巴废止于1808年,但再次于1814年由Ferdinand VII,在一定条件下批准皮乌斯第七别人废除酷刑。It was definitely abolished by the Revolution of 1820.这肯定是废除了1820年的革命。

(2) Organization(2)组织

At the head of the Inquisition, known as the Holy Office, stood the grand inquisitor, nominated by the king and confirmed by the pope.在宗教裁判所,被称为圣洁办公室负责人站的宏伟砂锅,提名,由国王和教皇证实。By virtue of his papal credentials he enjoyed authority to delegate his powers to other suitable persons, and to receive appeals from all Spanish courts.凭借他的教皇的凭据,他所享有的权力,他的权力下放给其他合适的人选,并接收来自所有西班牙法院提出上诉。He was aided by a High Council (Consejo Supremo) consisting of five members -- the so-called Apostolic inquisitors, two secretaries, two relatores, one advocatus fiscalis -- and several consulters and qualificators.他是一个由五名成员组成的高级委员会(担任Consejo掌门人) - 所谓的使徒调查官,两名秘书,两个relatores,一个advocatus fiscalis - 和几个咨询者和qualificators的资助。 The officials of the supreme tribunal were appointed by the grand inquisitor after consultation with the king.最高法庭的官员与王协商后任命的宏伟砂锅。The former could also freely appoint, transfer, remove from office, visit, and inspect or call to account all inquisitors and officials of the lower courts.前者也可以自由任命,转让,罢免,访问,考察或致电帐户中的所有调查官和下级法院的官员。Philip III, on 16 December, 1618, gave the Dominicans the privilege of having one of their order permanently a member of the Consejo Supremo.菲利普三世,1618年12月16日,多米尼加,给了他们为了永久担任Consejo掌门人的成员之一的特权。All power was really concentrated in this supreme tribunal.真的一切权力集中在这个最高法庭。It decided important or disputed questions, and heard appeals; without its approval no priest, knight, or noble could be imprisoned, and no auto-da-fé held; an annual report was made to it concerning the entire Inquisition, and once a month a financial report.它决定重要的或有争议的问题,并听取了上诉;没有牧师,骑士,或高贵,未经批准而被监禁,并没有自动DA - FE举行的年度报告是关于整个宗教裁判所,和每月一次一份财务报告。Everyone was subject to it, not excepting priests, bishops, or even the sovereign.每个人都受制于它,也不例外祭司,主教,甚至主权。The Spanish Inquisition is distinguished from the medieval its monarchical constitution and a greater consequent centralization, as also by the constant and legally provided-for influence of the crown on all official appointments and the progress of trials.西班牙宗教裁判所是区别于中世纪的君权宪法和随之而来的一个更大的集中,也由常量和法律所提供的皇冠上的所有官员的任命和审判的进展情况的影响。

(3) Procedure(3)程序

The procedure, on the other hand, was substantially the same as that already described.的程序,另一方面,实质上已经描述过的一样。Here, too, a "term of grace" of thirty to forty days was invariably granted, and was often prolonged.在这里,“”30 40天的宽限期内总是理所当然,而且往往延长。Imprisonment resulted only when unanimity had been arrived at, or the offence had been proved.监禁的结果,只有当一致已抵达,或已证明该罪行。Examination of the accused could take place only in the presence of two disinterested priests, whose obligation it was to restrain any arbitrary act in their presence the protocol had to be read out twice to the accused.被告人的考试可以采取只存在两个无私的祭司,其义务来约束他们的存在任意行为的协议已经两次向被告读出的地方。The defence lay always in the hands of a lawyer.国防奠定总是在律师手中。The witnesses, although unknown to the accused, were sworn, and very severe punishment, even death, awaited false witnesses, (cf. Brief of Leo X of 14 December, 1518).证人,虽然不明的指责,宣誓就职,并非常严重的惩罚,甚至死亡,期待已久的虚假证人,(参见简短的利奥十12月14日,1518)。 Torture was applied only too frequently and too cruelly, but certainly not more cruelly than under Charles V's system of judicial torture in Germany.酷刑只适用于过于频繁和过于残酷,但肯定不是更残酷比下查理五世在德国的司法酷刑系统。

(4) Historical Analysis(4)历史分析

The Spanish Inquisition deserves neither the exaggerated praise nor the equally exaggerated vilification often bestowed on it.西班牙宗教裁判所值得既不夸张的赞美,也没有同样夸张的中伤,往往赋予它。The number of victims cannot be calculated with even approximate accuracy; the much maligned autos-da-fé were in reality but a religious ceremony (actus fidei); the San Benito has its counterpart in similar garbs elsewhere; the cruelty of St. Peter Arbues, to whom not a single sentence of death can be traced with certainty, belongs to the realms of fable.受害者的数目无法计算,甚至近似精度;备受​​诟病的汽车- DA - FE在现实中,但其他地方都有其对应类似garbs宗教仪式(犯罪fidei);圣贝尼托;残酷的圣彼得Arbues ,可以追溯到肯定其中没有一个死亡的单句,属于寓言的境界。However, the predominant ecclesiastical nature of the institution can hardly be doubted.不过,该机构的主要教会性质难以怀疑。 The Holy See sanctioned the institution, accorded to the grand inquisitor canonical installation and therewith judicial authority concerning matters of faith, while from the grand inquisitor jurisdiction passed down to the subsidiary tribunals under his control.罗马教廷认可的机构,给予盛大调查官的规范安装和相关的司法权威,关于信仰方面的,而从盛大调查官的司法管辖权通过他的控制之下的附属法庭。 Joseph de Maistre introduced the thesis that the Spanish Inquisition was mostly a civil tribunal; formerly, however, theologians never questioned its ecclesiastical nature.约瑟夫 - 迈斯特介绍了西班牙宗教裁判所,主要是一个民事法庭的论文以前,然而,神学家从来没有人质疑其教会的性质。Only thus, indeed, can one explain how the Popes always admitted appeals from it to the Holy See, called to themselves entire trials and that at any stage of the proceedings, exempted whole classes of believers from its jurisdiction, intervened in the legislation, deposed grand inquisitors, and so on.的确,只有这样,才能解释如何教皇始终承认由它来教廷呼吁,呼吁整个试验,并在任何阶段的诉讼,其管辖豁免整个班级的信徒,在立法干预,废黜盛大调查官,等等。 (See TOMÁS DE TORQUEMADA.) (见托马斯,托尔克马达。)

C. The Holy Office at RomeC.在罗马教廷办公室

The great apostasy of the sixteenth century, the filtration of heresy into Catholic lands, and the progress of heterodox teachings everywhere, prompted Paul III to establish the "Sacra Congregatio Romanae et universalis Inquisitionis seu sancti officii" by the Constitution "Licet ab initio" of 21 July, 1542.十六世纪伟大的变节,进入过滤的异端天主教土地,以及随处可见的异端教义的进展,促使保罗三,建立由“宪法”Licet从头“的”萨克拉Congregatio Romanae等universalis Inquisitionis SEU sancti officii“ 7月21日,1542年。This inquisitional tribunal, composed of six cardinals, was to be at once the final court of appeal for trials concerning faith, and the court of first instance for cases reserved to the pope.这inquisitional法庭,六个枢机主教组成,是保留教皇的情况下,一旦最终上诉法院关于信仰的审判,一审法院。 The succeeding popes -- especially Pius IV (by the Constitutions "Pastoralis Oficii" of 14 October, 1562, "Romanus Pontifex" of 7 April, 1563, "Cum nos per" of 1564, "Cum inter crimina" of 27 August, 1562) and Pius V (by a Decree of 1566, the Constitution "Inter multiplices" of 21 December, 1566, and "Cum felicis record." of 1566) -- made further provision for the procedure and competency of this court.暨跨crimina“1562年8月27日,教皇的成功 - 尤其是第四皮乌斯(罗马努斯”Pastoralis Oficii“10月14日,1562年通过的”宪法“,”教皇“4月7日,1563年,每NOS”1564“暨” )和皮乌斯V(由1566号法令,“宪法”间multiplices“12月21日,第1566和”暨felicis记录。“1566) - 这个法庭的程序和能力作出进一步的规定。By his Constitution "Immensa aeterni" of 23 January, 1587, Sixtus V became the real organizer, or rather reorganizer of this congregation.通过他的“宪法”Immensa aeterni“,1587年1月23日,Sixtus V成为真正的组织者,或者更确切地说,这会众reorganizer。

The Holy Office is first among the Roman congregations.首先,罗马教廷办公室之间的罗马教会。Its personnel includes judges, officials, consultors, and qualificators.其人员包括法官,政府官员,consultors,和qualificators。The real judges are cardinals nominated by the pope, whose original number of six was raised by Pius IV to eight and by Sixtus V to thirteen.真正的法官是由教皇,其原有的一些六碧岳四提高到八Sixtus V十三提名的枢机主教。 Their actual number depends on the reigning pope (Benedict XIV, Constitution "Sollicita et Provida", 1733).他们的实际数量取决于在位教宗(本笃十四,“宪法”Sollicita等Provida“,1733年)。This congregation differs from the others, inasmuch as it has no cardinal-prefect: the pope always presides in person when momentous decisions are to be announced (coram Sanctissimo).这会众从别人不同,因为它没有红衣主教知府:教皇总是亲自主持重大决定时要宣布(主审法官Sanctissimo)。 The solemn plenary session on Thursdays is always preceded by a session of the cardinals on Wednesdays, at the church of Santa Maria sopra Minerva, and a meeting of the consultors on Mondays at the palace of the Holy Office.庄严的全体会议星期四总是前面的圣玛丽亚SOPRA密涅瓦教堂,一个星期三的枢机主教会议上,和一个星期一consultors会议在罗马教廷办公室的宫殿。 The highest official is the commissarius sancti oficii, a Dominican of the Lombard province, to whom two coadjutors are given from the same order.官方最高commissarius sancti oficii,伦巴第省多米尼加,其中coadjutors两个是相同的顺序。He acts as the proper judge throughout the whole case until the plenary session exclusive, thus conducting it up to the verdict.他充当了正确的判断,直到整个案件的全体会议独家整个,从而进行判决。The assessor sancti officii, always one of the secular clergy, presides at the plenary sessions.评估sancti officii,总是一个世俗的神职人员主持全体会议。The promotor fiscalis is at once prosecutor and fiscal representative, while the advocatus reorum undertakes the defence of the accused.启动子fiscalis一次检察官和财政代表,而advocatus reorum承担被告辩护。The duty of the consultors is to afford the cardinals expert advice. consultors的责任负担的枢机主教专家的意见。They may come from the secular clergy or the religious orders, but the General of the Dominicans, the magister sacri palatii, and a third member of the same order are always ex-officio consultors (consultores nati).他们可能来自世俗的神职人员或宗教的订单,但多米尼加总,魔导师牺牲palatii,和一个相同的顺序的第三个成员是当然成员consultors(consultores nati)。The qualificators are appointed for life, but give their opinions only when called upon. qualificators是委任的生活,但只有在呼吁给予他们的意见。The Holy Office has jurisdiction over all Christians and, according to Pius IV, even over cardinals.圣洁办公室对所有基督徒的管辖权,并根据碧岳四,甚至超过枢机主教。In practice, however, the latter are held exempt.然而,在实践中,后者则是举行豁免。For its authority, see the aforesaid Constitution of Sixtus V "Immensa aeterni" (see ROMAN CONGREGATIONS).其权威,Sixtus V“型Immensa aeterni”上述宪法(见罗马教会)。

Publication information Written by Joseph Blötzer.约瑟夫Blötzer编写的出版物信息。Transcribed by Matt Dean.转录由马特院长。The Catholic Encyclopedia, Volume VIII.天主教百科全书,音量八。Published 1910.发布1910。 New York: Robert Appleton Company.纽约:罗伯特Appleton还公司。Nihil Obstat, October 1, 1910. Nihil Obstat,1910年10月1日。Remy Lafort, STD, Censor.人头马lafort,性病,检查员。Imprimatur.认可。+John Cardinal Farley, Archbishop of New York+约翰farley枢机主教,大主教纽约

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