General Information 一般資料

The Inquisition was a medieval church court instituted to seek out and prosecute heretics.宗教裁判所是一個中世紀的教會法院提起去尋找和起訴異端。 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.術語是適用於該機構本身,它是聖公會或天主教,區域或地方;給人事的法庭,以及審判程序之後,由法庭處理。 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.眾所周知,在苛刻的,其程序,宗教裁判辯護,在中世紀所呼籲聖經的行為,並教會神父聖奧古斯丁,曾解釋盧克14時23分,作為批准使用武力對付異端。

Development and Institution發展和體制

Problems with sects like the Albigenses (Cathari) and Waldenses in the 12th century first led to the episcopal Inquisition.問題與教派一樣,比根斯派(卡塔利)和瓦勒度派在12世紀的第一主導,以主教探討。 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.常常在其唆使世俗統治者,主教敦促查處當地同異教徒,因為他們被視為一種威脅,無論是教會和社會秩序。 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.教皇文件,也為第二次,第三次,第四次lateran議會( 1139 , 1179年, 1215年)明有期徒刑,並沒收財產作為懲罰異端,並威脅要excommunicate王子因未能懲治異端。

The papal Inquisition was formally instituted by Pope Gregory IX in 1231.教皇宗教裁判所正式由羅馬教皇格雷戈里九,在1231年。 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.繼法的神聖羅馬帝國,馮檢二,制定倫巴第在1224年,並擴展到整個帝國,在1232年,格雷戈里下令定罪異端,以抓住這個世俗當局和焚燒。 Like Frederick, Gregory also mandated that heretics be sought out and tried before a church court.像馮檢,格雷戈里還規定異端尋求出,並試圖在教會法庭。 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.為達到此目的,他首先任命的特別監獄(例如,康拉德的馬爾堡在德國和羅伯特樂bougre在勃艮) ,後來委託的任務,委員對新成立的多米尼加和方濟各訂單的方濟各會士。 The independent authority of the inquisitors was a frequent cause of friction with the local clergy and bishops.獨立的權威,該監獄是一個常見的原因摩擦與當地牧師和主教。

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During the 13th century, the typical procedure began with the arrival of the inquisitors in a specific locality.在13世紀,典型的程序開始與抵達的監獄在一個特定的地點。 A period of grace was proclaimed for penitent heretics, after which time denunciations were accepted from anyone, even criminals and other heretics.一段寬限期,被宣布為懺悔異端後,其中的時候,譴責被接受來自任何人,甚至罪犯和其他異教徒。 Two informants whose identity was unknown to the victim were usually sufficient for a charge.兩名舉報人身份不詳,向受害人通常是足夠了。 The court then summoned the suspect, conducted an interrogation, and tried to obtain the confession that was necessary for conviction.法院隨後傳喚犯罪嫌疑人,進行訊問,並試圖獲得供認,這是必要的信念。 In order to do this, assisting secular authorities frequently applied physical torture.為了做到這一點,協助世俗當局常常適用於肉體折磨。 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.這種做法,很可能開始在意大利的影響下,重新找回了羅馬民事法,並利用這種痛苦的手續,伸展四肢上機架,燃燒與活煤,擠壓的手指和腳趾,或strappado ,垂直機架。

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.在開始的審訊,這是記錄簡易程序在拉丁語由一個秘書,嫌疑人和證人宣誓,在宣誓後表示,他們會揭露一切。 Unwillingness to take the oath was interpreted as a sign of adherence to heresy.不願意採取誓言被解釋為標誌的堅持異端。 If a person confessed and was willing to submit, the judges prescribed minor penances like flogging, fasts, prayers, pilgrimages, or fines.如果一個人供認,並願意以提交,法官明輕微penances像鞭笞,齋戒,祈禱,朝拜,或罰款。 In more severe cases the wearing of a yellow "cross of infamy," with its resulting social ostracism, or imprisonment could be imposed.在嚴重的情況下佩戴一個黃色的"十字臭名" ,其造成的社會排斥,或監禁有可能發生。 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.否認控罪無counterproof ,頑固拒絕招供,和毅力,在異端,導致最嚴重的懲罰:終身監禁或處決的陪同下,共沒收財產。

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.自教會是不允許的拋頭顱,灑熱血,判處邪教上繳世俗當局執行時,通常是由燃燒時的股權。

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.當宗教裁判所已完成調查後,判決宣判在莊嚴的儀式上,被稱為該sermo是一般 ( "一般處理" ) ,或在西班牙,由於汽車達-鐵 (下稱"法的信仰" ) ,出席當地政要,神職人員,以及鄉民。 Here the penitents abjured their errors and received their penalties; obstinate heretics were solemnly cursed and handed over to be burned immediately in public.這裡penitents abjured自己的過失,並收到他們的處罰;頑固異端被莊嚴地詛咒,並移交給被燒毀,立即公開亮相。

Several inquisitors' manuals have survived, among them those of Bernard Gui and Nicolas Eymeric.幾個監獄'手冊倖存,其中包括那些伯納德桂和Nicolas eymeric 。 Other sources include checklists of standard questions and numerous official minutes of local inquisitions.其他來源包括檢查單標準問題,以及眾多官方分鐘的本地inquisitions 。 Some of these materials have been published, but most exist in manuscript only.部分這些材料已公佈,但大多數存在於手稿只。

The first inquisitors worked in central Europe (Germany, northern Italy, eastern France).第一監獄工作,在黨中央,歐洲(德國,意大利北部,法國東部) 。 Later centers of the Inquisition were established in the Mediterranean regions, especially southern France, Italy, Portugal, and Spain.後來中心的宗教裁判所設立於地中海地區,尤其是法國南部,意大利,葡萄牙和西班牙。 The tribunal was used in England to suppress the Lollards (followers of the 14th-century reformer John Wycliffe).法庭是用來在英國鎮壓lollards (追隨者的14世紀的改革者約翰wycliffe ) 。 Queen Mary I of England (r. 1553-58) used the tribunal in her effort to reverse the Protestant Reformation.瑪麗本人英格蘭(傳譯1553年至1558年)主要用作法庭在她的努力,以扭轉新教改革。 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.宗教裁判所的長期生存,可以歸因於早日列入犯罪以外的異端:巫術,煉丹術,褻瀆,性畸變,並殺嬰案。 多少女巫和巫師燒毀後, 15世紀末似乎已經遠遠超過了異端。

Spanish Inquisition西班牙宗教裁判所

The Inquisition underwent special development in Portugal and Spain and their colonies.宗教裁判所經歷的特殊發展,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.在堅持費迪南德第二阿拉貢和伊莎貝拉,我卡斯蒂利亞,教皇Sixtus的四核可( 1483個) ,建立一個獨立的西班牙宗教裁判所主持的一個高級委員會和大砂鍋。 Legend has made the first grand inquisitor, Tomas de Torquemada, a symbol of ultimate cruelty, bigotry, intolerance, and religious fanaticism.傳說中取得的第一次盛會,砂鍋,托馬斯德torquemada ,象徵著最終的殘酷性,偏執,不寬容和宗教狂熱。

The truth is that the Spanish Inquisition was particularly severe, strict, and efficient because of its strong ties with the crown.事實的真相是,在西班牙宗教裁判所是特別嚴重,嚴格,高效的,因為它擁有強大的關係與皇冠。 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.其主要指標均marranos (皈依從猶太教)和摩利斯科人(皈依伊斯蘭教) ,其中許多人被懷疑暗中在堅持其原有的信仰。 During the 16th century, Protestants and Alumbrados (Spanish mystics) seemed to be the major danger.在16世紀,新教徒和alumbrados (西班牙語神秘主義者) ,似乎是主要的危險。 Often serving political ends, the inquisitors also exercised their dreaded functions among the converted Indian populations of the Spanish colonies in America.往往是政治目的,監獄也行使其職能可怕之間轉換印度人口的西班牙殖民地,在美國。 The Inquisition was finally suppressed in Spain in 1834 and in Portugal in 1821.宗教裁判所,終於壓抑在西班牙和1834年在葡萄牙於1821年。

Roman Inquisition羅馬宗教裁判所

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.在時間的改革,教皇保羅三創造了一個紅衣主教'委員會於教廷作為終審法院的事宜異端。 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.這羅馬宗教裁判所是凝固( 1588 ) ,由Sixtus的v到聚集羅馬和普遍的宗教裁判所,也稱為聖地辦公室,其任務是監視正確的教義,信仰和道德為整個羅馬天主教會。 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.重組後,在1908年,根據簡單的題目聚集聖地辦公室,它是一個定義,由教宗保祿六世於1965年,作為眾對教義的信仰,更積極的任務,進一步加強正確的教義,而不是指責異端。


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.其中無數受害者的宗教裁判所這樣著名的人作為哲學家布魯諾,伽利略,貞德,以及宗教秩序的騎士被稱為templars 。 The institution and its excesses have been an embarrassment to many modern Christians.該機構和其過激行為已經是一個尷尬的許多現代基督徒。 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.在反天主教和反宗教論戰自啟蒙(舉例來說,伏爾泰的候選人) ,宗教裁判所被稱為一個很好的例子是什麼原因是被視為野蠻的中世紀時代。 In its day there was some popular sympathy for the Inquisition.在其每天有一些受歡迎的同情宗教裁判所。 Some saw it as a political and economic tool, others, as a necessary defense for religious belief.有些人認為它作為一個政治和經濟的工具,其他人,作為一個必要的防衛宗教信仰。 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,儘管一切努力了解該機構在考慮社會,政治,宗教及意識形態因素,今天探討的是普遍承認屬於黑暗的一面基督教歷史。

Karlfried Froehlich karlfried Froehlich )

Bibliography 參考書目
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 ,喬治g. ,宗教裁判所( 1929年; repr 。 1974年) ; hauben ,保羅j. ,版中,西班牙宗教裁判所( 1969年) ;卡門,亨利甲,西班牙宗教裁判所和社會西班牙在第十六和第十七數百年( 1985年) ;蘭登-戴維斯,約翰,西班牙宗教裁判所( 1938年; repr 。 1964 ) ; lea ,亨利長,歷史上的宗教裁判所,在中世紀, 3卷。 (1888; repr. 1988); Le Roy Ladurie, Emmanuel, Montaillou: The Promised Land of Error, trans. ( 1888年; repr 。 1988年) ;勒羅伊ladurie ,靈光,到蒙泰羅:應許之地的錯誤,跨。 by Barbara Bray (1978).由芭芭拉布雷( 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,國界的異端( 1990年) ;奧布萊恩,約翰甲,宗教裁判所( 1973年) ;彼得斯,何承天,宗教裁判所( 1988年; repr 。 1989 ) ;陸士達,塞西爾,西班牙宗教裁判所( 1938年; repr 。 1987年) ;韋克菲爾德,沃爾特的影響,異端,十字軍東征,宗教裁判所,在法國南部, 1100年至1250年( 1974年) 。


Catholic Information 天主教資訊

(Latin inquirere, to look to). (拉丁語inquirere ,往前看) 。

By this term is usually meant a special ecclesiastical institution for combating or suppressing heresy.由這個名詞,通常是指一個特殊的教會機構,為打擊或壓制異端。 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.其特徵標誌似乎被賦予特別法官的司法權力,在信仰方面,而這是由最高人民法院教會的權威,而不是時空的個別情況,但作為一個普遍的和永久辦事處。 Moderns experience difficulty in understanding this institution, because they have, to no small extent, lost sight of two facts.現代人的經驗,很難理解這個機構,因為他們有了,但沒有小程度上忽略了兩個事實。

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.在一方面,他們已不再掌握宗教信仰看成是客觀的,因為神的恩賜,因此,外界的境界免費私人判斷;另一方面,他們再也看不到在教會的社會,完善和主權的基礎上大幅一個純粹性和真實性的啟示,他們的第一個最重要的職責,必須自然保留unsullied這原來存款的信心。 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.前宗教革命, 16世紀這些意見仍十分普遍,所有基督徒認為正統應予維持不惜任何代價似乎不言自明。

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.不過,雖然積極鎮壓異端,由教會和民間管理局在基督教社會,是因為舊的教會,宗教裁判所作為一個獨特的宗教法庭是晚得多的起源。 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.在歷史上它是一個階段,在成長的教會立法,其鮮明的特點,可以充分理解,只有通過仔細的研究條件中,它成長起來的。 Our subject may, therefore, be conveniently treated as follows:我們的題目可能,因此,可以方便地處理如下:

I. The Suppression of Heresy during the first twelve Christian centuries;一,鎮壓異端在首12個基督教百年;

II.二。 The Suppression of Heresy by the Institution known as the Inquisition under its several forms:鎮壓異端,由該機構被稱為宗教裁判所根據其幾種形式:

(A) The Inquisition of the Middle Ages; (一)宗教裁判所的中世紀;

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

(C) The Holy Office at Rome. (三)聖辦公室於羅馬。


(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 )雖然使徒保羅充滿信念,即他們必須傳送存款的信仰後人undefiled ,而任何教學的差異與自己的,即使是宣布了一個天使的天堂,會是一個受處罰的行為,然而,聖保羅沒有,在有關案件的異端亞歷山大和hymeneus ,回到舊盟約的懲罰而導致死亡或scourging (申命記13時06 sqq ; 17時01 sqq ) ,但被視為排斥的共融教會充足( 1蒂莫西1:20 ;弟兄下午3點10分) 。 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.事實上,以基督徒的首三個世紀,它幾乎可以發生承擔任何其他的態度對待那些犯了錯誤事項信念。 Tertullian (Ad. Scapulam, c. ii) lays down the rule:戴爾都良( ad. scapulam ,長二)規定了一個規矩:

Humani iuris et naturalis potestatis, unicuique quod putaverit colere, nec alii obest aut prodest alterius religio. humani iuris等naturalis potestatis , unicuique和putaverit colere , NEC公司alii obest奧地利prodest alterius religio 。 Sed nec religionis est religionem colere, quae sponte suscipi debeat, non vi. NEC公司的SED religionis預測religionem colere , quae sponte suscipi debeat ,非六。

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.或者換句話說,他告訴我們說,自然法授權男子跟隨唯一的聲音,個人的良知,在實踐中的宗教,自接受宗教,是一個值得我們的自由意志,而不是強迫。 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.在回答這項指控的celsus ,根據舊約聖經,基督徒受迫害的異議人士與死亡,焚燒,並酷刑,淵源(丙cels ,七, 26 )是滿意的解釋說,一要分清法律,其中猶太人收到摩西,並考慮到由基督徒耶穌;前者是有約束力的猶太人,而後者對基督徒。 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.猶太人,基督信徒,如果有誠意的話,可以不再符合所有的鑲嵌法,因此,他們已不再隨意殺死他們的敵人或燒傷及石料違反基督教法律。

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.聖塞浦路斯的迦太基,包圍了,因為他是由無數schismatics和undutiful基督徒,也放下材料制裁的舊約,其中判處死刑反抗神職人員和法官。 "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. "很快autem , quia circumcisio spiritalis本質apud fideles伺服dei coepit , spiritali gladio蘇博比等contumaces necantur ,達姆彈德教會ejiciuntur " ( ep. lxxii ,專案pompon , 12月31日4 )宗教,現在正在精神,其制裁採取對同一特色,並禁教,取代了死亡的人體。 Lactantius was yet smarting under the scourge of bloody persecutions, when he wrote this Divine Institutes in AD 308. lactantius尚未smarting下災禍的血腥迫害,當他寫這個神學院在公元308 。 Naturally, therefore, he stood for the most absolute freedom of religion.自然,因此,他主張以最絕對的新聞自由,宗教自由。 He writes:他寫道:

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].宗教作為此事的意願,不能強迫任何人在這件事最好是聘請話要大於造成的衝擊[ verbis melius怎麼verberibus第議程預測] 。 Of what use is cruelty?什麼樣的用途是殘酷? What has the rack to do with piety?什麼機架做虔誠? Surely there is no connection between truth and violence, between justice and cruelty .毫無疑問,兩者之間沒有聯繫真相和暴力,正義與殘酷。 . . . It is true that nothing is so important as religion, and one must defend it at any cost [summâ vi] .這是事實無關,是如此重要,因為宗教,一個人必須捍衛它不惜任何代價[ summâ六] 。 . . 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.這是事實,它必須受到保護,而是由臨終的話,而不是殺死他人,通過長期受苦受難,而不是通過暴力,通過真誠,而不是犯罪。 If you attempt to defend religion with bloodshed and torture, what you do is not defense, but desecration and insult.如果你在試圖保衛宗教流血和酷刑,你做什麼,是不是防禦,而是褻瀆和侮辱。 For nothing is so intrinsically a matter of free will as religion.什麼也沒有,所以是有內在的問題,自由意志的一種信仰。 (Divine Institutes V:20) (神學院五: 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.基督教教師的首三個世紀堅持,因為是自然對他們來說,對宗教完全自由;此外,他們不僅敦促原則,即宗教不能強迫別人-一個原則,始終堅持由教會,在她打交道與unbaptised -但是,當比較鑲嵌法和基督教的宗教,他們教導說,後者的內容與精神懲罰異教徒(即與禁教) ,而猶太教一定接著對持不同政見者與酷刑和死亡。

(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 )但是,帝國接班人的君士坦丁很快開始看到在自己神聖的任命"主教的外表" ,即主人翁的時間和物質條件的教會。 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.在同一時間,他們保留了傳統權威的"日Bishop鮃" ,並以這種方式公務員管理局傾向,而且往往在聯賽與主教的阿里安傾向,迫害東正教會主教監禁和流放。 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.但後者,尤其是聖希拉里的普瓦捷( liber矛盾auxentium ,丙四) ,大力抗議,反對任何使用武力,在該省的宗教,無論是為傳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.他們再三催促,在這方面嚴厲的法令舊約被廢止,由溫和而溫柔的法律基督。 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,接班人的君士坦丁人分別勸說說,第一個關切的帝國管理局( theodosius二, " novellae " ,鐵三,專案438個) ,保護宗教等,與可怕的規律,發出許多刑事法令對異教徒。 In the space of fifty seven years sixty-eight enactments were thus promulgated.在太空生活的57年68成文法,因此頒布。 All manner of heretics were affected by this legislation, and in various ways, by exile, confiscation of property, or death.各種形式的異端而受這條法例,並以各種方式,由流放,沒收財產,甚至導致死亡。 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.一項法律的407 ,其目的是在賣國donatists斷言為第一次,這些異端應該放在同一平面,因為transgressors對神聖陛下的皇帝,一個概念,而被保留在稍後的時間非常重大的作用。 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,但僅因某些種類的異端,在他們的迫害異端基督教皇帝遠低於嚴重性diocletian ,他們在287名被判處股份領導人的manichæans ,以及對他們的追隨者部分死刑斬首的,而部分強迫性勞動,在政府的地雷。

So far we have been dealing with the legislation of the Christianized State.到目前為止,我們已處理的立法工作christianized狀態。 In the attitude of the representatives of the Church towards this legislation some uncertainty is already noticeable.在態度對教會的代表對這項立法的一些不明朗因素已經明顯。 At the close of the forth century, and during the fifth, Manichaeism, Donatism, and Priscillianism were the heresies most in view.結束時,第四世紀時,在第五,摩尼教, donatism , priscillianism分別是異端邪說最著想。 Expelled from Rome and Milan, the Manichaeism sought refuge in Africa.逐出羅馬和米蘭,摩尼教尋求避難的是在非洲。 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:雖然他們被發現有罪的可惡的教義和劣跡斑斑(聖奧古斯丁,德haeresibus " ,沒有。 46 ) ,教會拒絕引用民事權力,對付他們,事實上,偉大的主教河馬明確拒絕使用武力,他曾經希望他們的回報,只有通過公共和私人行為的意見書,他的努力似乎已經取得了成功,事實上,我們從他的看法donatists自己的人是首先要上訴到民事權力,為保護教堂,但他們的表現像丹尼爾的控訴:獅子拒絕他們。國家干預不回答他們的意願和暴力的過分行為circumcellions正在condignly處罰, donatists抱怨不已行政暴戾聖optatus的mileve辯護,民事管理局(德schismate donatistarum ,三,消委會6-7 ) ,內容如下:

. . . as though it were not permitted to come forward as avengers of God, and to pronounce sentence of death!好像這是不得挺身復仇者的上帝,並宣判的死刑! . . . But, say you, the State cannot punish in the name of God.但是,說你,國家就不能懲治,在上帝的名義。 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,難道不正是在上帝的名義說,摩西和菲尼亞斯寄售死亡信徒的金犢和那些輕蔑真正的宗教?

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.這是第一次有一名天主教主教倡導的一個決定性合作的國家在宗教問題,並就其權利所造成的死亡對異教徒。 For the first time, also, the Old Testament was appealed to, though such appeals had been previously rejected by Christian teachers.對於第一個時間,同時,舊約是呼籲,但這種呼籲已先前拒絕了基督教教師。

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.聖奧古斯丁,與此相反,是仍然反對使用武力,並試圖帶領回出問題的方式教學;頂多他承認強加的一個溫和的罰款難治者。 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.最後,然而,他改變了他的意見後,提出是否由經難以置信的過分行為circumcellions還是取得了良好的效果,使用武力或武力偏袒通過的人,其他的主教。 Apropos of his apparent inconsistency it is well to note carefully whom he is addressing.中肯的,他明顯不一致的,它是要注意他是如何處理。 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.他似乎是在講一個方法,以政府官員,他們希望現有的法律進行檢討,以最充分的程度,以及另外向donatists ,誰不向該國的任何權利懲罰異議人士。 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 .在他的書信與州政府官員,他整篇基督教慈善和容忍,並代表著異端作為悖離羔羊,可找了,或許,如果不守法的指責與棒和恐懼與威脅,更嚴厲的,而不是被趕回給倍手段機架和劍。 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,就在他的著作對donatists他堅持權利的國家:有時,他說,一個有益的嚴重性,將是利益的過錯者自己和同樣的保護真正的信徒及社會大眾( vacandard 1 。丙,頁17-26 ) 。

As to Priscillianism, not a few points remain yet obscure, despite recent valuable researches.至於priscillianism ,而不是幾個點,但仍然模糊,儘管最近寶貴的研究工作。 It seems certain, however, that Priscillian, Bishop of Avila in Spain, was accused of heresy and sorcery, and found guilty by several councils.似乎可以肯定,不過,這普里西利安,主教阿維拉在西班牙,被指控的異端巫術,並被判罪名成立,由幾個議會。 St. Ambrose at Milan and St. Damascus at Rome seem to have refused him a hearing.聖劉漢銓在米蘭聖大馬士革在羅馬似乎已拒絕他的聽證會。 At length he appealed to Emperor Maximus at Trier, but to his detriment, for he was there condemned to death.在全長他呼籲皇帝鮃在特里爾的,但他不利,因為他有譴責死刑。 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,毫無疑問,在充分意識自己的清白,以前曾呼籲鎮壓的manichæans由劍。 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.但首要的基督教教師不同意這些觀點,與他自己的執行給了他們機會,一個莊嚴的抗議反對殘酷對待平時給他的帝國政府。 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).聖馬丁的旅行團,然後在特里爾,極力爭取從教會權力機構放棄這項指控,並誘導皇帝許諾說,從來沒有帳戶,將他大棚的鮮血普里西利安的,因為教會沉積,由主教會處罰不夠的,流血的,將反對以神權法( sulpicius塞維魯, "慢性" ,第二,在臨時立法會, XX條, 155 sqq 。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.處決後,他強烈譴責無論是原告和皇帝,並在相當長的時間,拒絕舉行共融與這種主教已被以任何方式負責普里西利安的死因。 The great Bishop of Milan, St. Ambrose, described that execution as a crime.偉大的主教米蘭,聖劉漢銓,形容處決是一種罪行。

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 ,卻並沒有消失與死亡的,其發端;相反,它的蔓延與不平凡的迅速,並通過其公開的通過,摩尼教,成為更多的是公眾的威脅比以往任何時候。 In this way the severe judgments of St. Augustine and St. Jerome against Priscillianism become intelligible.在這樣嚴峻的判決聖奧古斯丁和聖杰羅姆對priscillianism成為理解。 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.在447利奧偉大了譴責priscillianists與鬆動聖地債券的婚姻,對待所有體統腳下,並嘲諷一切法律,人類與神靈。 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.在他看來,自然顳統治者應該懲罰這些褻瀆瘋了,並應置於死亡的創始人,該教派和他的一些追隨者。 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.).他接著說,這redounded向優勢教會說: " quae的ETSI sacerdotali contenta iudicio , cruentas refugit ultiones , severis僅christianorum principum constitutionibus adiuratur ,達姆彈專案spiritale recurrunt remedium , qui timent corporale supplicium " -儘管教堂內容同一種精神一句就其部分主教,並於反感,讓人們看到血,不過這是由計算機輔助帝國的嚴重性,因為害怕體罰驅車有罪者,以尋求一種精神的補救措施( ep.第十五專案turribium ;特等, 54 , 679平方米) 。

The ecclesiastical ideas of the first five centuries may be summarized as follows:教會思想的第一個五年百年可歸納如下:

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.教會應該為任何事業拋頭顱,灑熱血(聖奧古斯丁,聖劉漢銓,聖利奧,我和其他人) ,其他教師,但它像optatus的mileve和普里西利安認為,該國可以在宣判死刑對異教徒在宗案件中,公眾福利要求;大多數人認為執行死刑的異端時,沒有民事刑事,是不可調和的與精神的基督教。

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.聖奧古斯丁( ep. c , 12月31日1 ) ,幾乎在名稱的西方教會,說: " corrigi eos volumus ,非necari , NEC公司disciplinam circa eos negligi volumus , NEC公司suppliciis quibus digni必須遵守exerceri " -我們祝福他們糾正,而不是把死刑,我們渴望勝利(教會)的紀律,而不是死刑懲罰,他們應得的。 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.聖約翰金口說大致相同,在名稱的東部教會( hom. ,四十六,丙)說: "去,邪教組織,以死來,即屬違法,超越了贖罪" ,並在下一章他說,上帝禁止他們處決,甚至因為他不准我們就要把皺皮,但他並沒有不讓我們擊退他們,剝奪了他們的言論自由,或者禁止他們集會。 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.的幫助下, "世俗手臂" ,因此沒有完全拒絕;反過來說,由於經常被視為基督教福利,一般還是國內,要求它,基督教統治者試圖阻止邪惡的,由適當的措施。 As late the seventh century St. Isidore of Seville expresses similar sentiments (Sententiarum, III, iv, nn. 4-6).遲至公元7世紀的聖伊西多爾的塞維爾表示,類似的情緒( sententiarum ,三,四,神經網絡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.如何少,我們要相信誇耀公正的亨利李,美國歷史學家的宗教裁判所,我們可以在這裡說明了一個實例。 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"歷史上的宗教裁判所,在中世紀" (紐約, 1888年,我, 215 ) ,他結束這段話:

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.它只是62年後,屠宰稅普里西利安和他的追隨者曾興奮那麼多恐怖片,利奧說,我當異端似乎要振興,在447 ,不僅正當行為,但聲稱,如果信徒一異端,使damnable被允許活,就不會有結束了人類與神靈的規定。 The final step had been taken and the church was definitely pledged to the suppression of heresy at any cost.最後一步,已經採取了教會是絕對承諾鎮壓異端不惜一切代價。 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.這是絕對不可能的屬性,以教會的影響力歷屆經文,其中,從時間的theodosius偉大的,堅持用異端被處以死刑。

In these lines Lee has transferred to the pope words employed by the emperor.在這些線路議員已移交給教宗的話受僱於皇帝。 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,這只不過是剛好相反的歷史真相斷言帝國法令,懲治異端與死亡是由於教會的影響力,因為我們已經表明,在此期間,較具影響力的教會當局宣稱,死刑是違背了精神的福音,和自己反對的執行情況。 For centuries this was the ecclesiastical attitude both in theory and in practice.數百年來,這是教會的態度,無論在理論上還是在實踐上。 Thus, in keeping with the civil law, some Manichæans were executed at Ravenna in 556.因此,符合民事法律中,有些manichæans被槍決,在拉文納,在556 。 On the other hand.在另一方面。 Elipandus of Toledo and Felix of Urgel, the chiefs of Adoptionism and Predestinationism, were condemned by councils, but were otherwise left unmolested. elipandus托萊多和Felix的urgel ,酋長的adoptionism和predestinationism ,被譴責,議會,但由於其他原因離開unmolested 。 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.我們可以注意到,不過,有人說,和尚gothescalch後,譴責他的虛假學說,基督並沒有死,為全人類的利益,是由主教會議的美因茨在848和quiercy 849被判鞭笞和監禁,處罰則常見於寺廟對於各種違規行為的規則。

(3) About the year 1000 Manichæans from Bulgaria, under various names, spread over Western Europe. ( 3 )關於1000年manichæans來自保加利亞,名稱不一,分佈在西歐。 They were numerous in Italy, Spain, Gaul and Germany.他們多次在意大利,西班牙,高盧和德國。 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.基督教民心很快發現自己不利,這些危險sectaries ,並導致偶爾當地迫害,當然,在形式表現了時代精神。 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年國王羅伯特的虔誠( 。 Regis iussu等universae plebis consensu ) " ,因為他擔心的安全構成威脅,英國及救贖的心靈"了13名傑出公民,教會及裁員,被活活燒死在奧爾良。 Elsewhere similar acts were due to popular outbursts.其他地方的類似行為,是因為流行爆發。 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.).幾年後的主教châlons指出,該教派是散佈在他的教區,並詢問了wazo主教,列日,意見,以決定使用武力,說: "一個terrenae potestatis gladio EOS中靜坐animadvertendum necne " (下稱"履歷表wasonis " ,消委會。第二十五,二十六,在特等, cxlii , 752 " ; wazo專案羅傑,第二episc 。 catalaunens " , " anselmi gesta episc 。 leod "的" Mon 。胚芽。酬金" ,第七章, 227平方) 。 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回答說,這是違背精神的教會和的話,其創辦人,他們受戒表示tares應獲准成長與小麥,直到有一天的收穫,以免小麥被連根拔起,同tares者今天被tares可能到明天改裝,並轉入小麥,讓他們因此活,讓單純的禁教就夠了。 St. Chrysostom, as we have seen, had taught similar doctrine.聖金口,正如我們所看到的,有教類似的教義。 This principle could not be always followed.這個原則不能始終遵循。 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goslar ,在聖誕季節的第1051 ,而在1052年,一些異端被處以絞刑,因為皇帝亨利三世通緝,以防止進一步蔓延的"異端邪說麻風病" 。 A few years later, in 1076 or 1077, a Catharist was condemned to the stake by the Bishop of Cambrai and his chapter.幾年後, 1076或1077 ,一catharist譴責以股份由主教cambrai和他的一章。 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 ,儘管大主教的介入,給予他們的選擇是由裁判米蘭之間做頂禮膜拜十字架上掛載pyre 。 By far the greater number chose the latter.迄今為止,較多地選擇了後者。 In 1114 the Bishop of Soissons kept sundry heretics in durance in his episcopal city.在1114年的主教soissons存放雜物異端在durance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.不過,雖然他是去beauvais ,要求諮詢的主教組裝有一個主教會議" ,以為民俗,怕慣性軟心的ecclesiastics ( clericalem verens mollitiem ) ,衝進監獄代為被告以外的城市,並燒毀他們。

The people disliked what to them was the extreme dilatoriness of the clergy in pursuing heretics.人民不喜歡什麼,他們是極端dilatoriness的神職人員在追求異端。 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.在第1144 adalerbo第二列,希望把一些被囚禁catharists以更好的知識,透過上帝的恩典,但人少,放縱,抨擊不快樂的動物,只有以最大的麻煩卻主教成功地挽救他們中的一些人從死亡火。 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.類似的戲劇頒布了大約同一時候,在科隆,而主教和司鐸,切實設法帶領誤導回教堂,後者則是用暴力所採取的暴徒(一populis nimio非常abreptis )由保管的神職人員並燒毀,在股份。 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.最有名的heresiarchs那些日子裡,彼得的布勒伊斯和阿諾德的布雷西亞在人民大會堂會見了類似的命運-首先就p yre作為受害者的民眾憤怒,而後者下黨羽的斧頭作為一個受害者,他的政治敵人。

In short, no blame attaches to the Church for her behavior towards heresy in those rude days.總之,沒有任何責怪的重視,教會,為她的行為對異端在那些粗魯天。 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.各主教的時期,因此,據知, theodwin的列日,繼任者的上述wazo和前任的adalbero二,單獨上訴到民事權力,為懲治異端,甚至他沒有呼籲為死刑,而被否決。 who were more highly respected in the twelfth century than Peter Canter, the most learned man of his time, and St. Bernard of Clairvaux?人多極受尊重,在12世紀,比彼得坎特,最博學他的時候,和聖伯納德的克萊爾沃? The former says ("Verbum abbreviatum", c. lxxviii, in PL, CCV, 231):前者說, ( "拉丁文字語言abbreviatum " ,長lxxviii ,特等,犬冠狀病毒, 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.他們是否被定罪的錯誤,或自由地交代自己有罪, catharists不應該被置於死亡的,至少不是當他們不要武裝襲擊後,該教堂。 For although the Apostle said, A man that is a heretic after the third admonition, avoid, he certainly did not say, Kill him.雖然傳道者說,一名男子說,是一個邪教組織後,第三次警,自勵,避免的,他當然沒有說,然後將他殺死。 Throw them into prison, if you will, but do not put them to death (cf. Geroch von Reichersberg, "De investigatione Antichristi III", 42).扔他們到監獄,如果你們願意,但請不要把他們死刑(參見geroch馮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).到目前為止,聖伯納德同意與方法的人,科隆,那他放下公理:惹人suadenda ,非imponenda (勸導,而不是通過暴力,是男性被韓元信仰) 。 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).如果他的指責,該粗心大意的王子,他們咎由自取,因為小狐狸蹂躪葡萄園,但他補充說,後者必須不被抓獲的用武力,而是由論據( capiantur非armis文,而argumentis ) ;執迷不悟被驅逐,如果有必要留在隔離他人安全(奧地利corrigendi必須遵守的氦氖pereant ,奧地利,氦氖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. (見vacandard , 1 。丙, 53 sqq ) ,主教會議的期間聘請實質上是相同的,例如,主教在蘭斯,在1049年根據利奧九,在圖盧茲,在1119 ,在這callistus二主持,最後才lateran會, 1139 。

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,偶爾處決的異教徒,在此期間必須歸功於部分,以武斷的個別統治者,部分狂熱爆發的過分熱心民眾,而且在任何一個明智的教會法或教會當局。 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.已經有一些,這是事實, canonists誰讓步,以教會有權宣判死刑異端,不過,這個問題被當作一個純粹的學術,理論和行使,幾乎沒有任何影響力的現實生活。 Excommunication, proscription, imprisonment, etc., were indeed inflicted, being intended rather as forms of atonement than of real punishment, but never the capital sentence.禁教,禁制,監禁等問題,確實造成的,正在打算,而不是為形式的贖罪比真正的懲罰,但從來沒有死緩。 The maxim of Peter Cantor was still adhered to: "Catharists, even though divinely convicted in an ordeal, must not be punished by death."格言彼得康托仍堅持說: " catharists ,即使神定罪,在磨難中,絕不能被處以死刑" 。

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.在下半年的12世紀,然而,在異端的形式catharism蔓延,在真正令人吃驚的時裝,不僅大大刺激了教會的存在,但破壞了很基礎的基督教社會。 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.在反對這種宣傳有成長起來的一種指令性的法律-至少在整個德國,法國,西班牙等-訪異端與死亡所產生的火焰。 England on the whole remained untainted by heresy.英格蘭就整體而言仍是廉潔自持,大逆不道。 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.時,在1166年中,約有30 sectaries作出自己的方式上去,亨利二世下令將他們燒死就其foreheads與紅鐵水,被毆打與棒,在公共廣場上,然後趕下車。 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,他不容許任何人給他們的住房或以其他方式協助,以使他們死亡,部分則來自飢餓和部分來自寒冷的冬天。 Duke Philip of Flanders, aided by William of the White Hand, Archbishop of Reims, was particularly severe towards heretics.公爵菲利普的佛蘭德,輔以威廉的白色手,大主教的蘭斯,尤其是對重度異端。 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.他們造成了許多公民在自己的網域,貴族和commoners ,教士,騎士,農民,老處女,寡婦,和已婚婦女,被活活燒死的,沒收他們的財產,並劃分它們之間。 This happened in 1183.這件事發生在1183年。

Between 1183 and 1206 Bishop Hugo of Auxerre acted similarly towards the neo-Mainchaeans.之間的第1183和1206年雨果主教的歐塞爾擔任同樣邁向新mainchaeans 。 Some he despoiled; the others he either exiled or sent to the stake.一些他despoiled ;他人,他要么被放逐或發送到股權。 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".景弘奧古斯都的法國已擁有8個catharists燒死在特魯瓦,在1200 ,一個在nevers在1201年,幾位在braisne - sur - vesle在1204 ,並有許多是設於巴黎-"神父,神職人員,是外行,而且婦女屬於該教派" 。 Raymund V of Toulouse (1148-94) promulgated a law which punished with death the followers of the sect and their favourers. raymund第五圖盧茲( 1148年至1194年)頒布了一項法律,判處死刑信徒的教派及其favourers 。 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).西蒙德montfort的門上的戰友,相信在1211 ,說,他們進行這項法律時,他們自己吹噓他們如何被活活燒死很多,而且將繼續這樣做( 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.在第1197彼得二,國王阿拉貢和計數的巴塞羅那,發布政令,在服從,其中waldensians和所有其他schismatics被開除出土地;誰的,這節仍發現了他的王國或其縣後,棕櫚週日的未來一年,是遭受死亡的火災,還沒收貨物。

Ecclesiastical legislation was far from this severity.教會立法遠從這個嚴重性。 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.亞歷山大三世在lateran會, 1179年再次決定已經作出,以schismatics在法國南部,並要求世俗的統治者,以沉默那些disturbers的社會治安秩序,如果有必要的武力,來達到它的目的,他們隨意下獄有罪( servituti subicere , subdere ) ,並在適當的,他們的財物。 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).根據這一協議所作出的lucius三和皇帝馮巴巴羅薩在維羅納( 1148 ) ,異教徒的每一個社區被找了,但也帶來前主教法庭,驅逐,而放棄向民事權力,他適當懲罰( 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.合適的處罰( debita animadversio , ultio )沒有,不過,由於尚未意味著死刑,但proscriptive禁令,但即使這樣,這是事實,意味著流放,沒收,銷毀匪徒固定住所,臭名, debarment從公職等。 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). "連續zwellensis Altera和專案神經網絡。 1184 " (週一胚芽。歷史:五,九, 542頁)準確地描述了條件異端,在這個時候,它說,教宗驅逐他們,皇帝把他們下民事禁令,而他沒收了他們的貨物(爸爸eos excomunicavit imperator的Vero譚第怎麼建立persona 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).根據無辜三什麼做的目的是強化或補充現行法規對異端,雖然這教宗給他們一個更廣泛的範圍內所採取的行動,他legates並通過第四lateran會( 1215年) 。 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.但這種行為確實是一個相對的服務向異教徒,為經常典型程序,因此推出做了很多,取消隨意性,熱情和不公的民事法庭上,在西班牙,法國和德國。 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.至於所謂,只要他的藥方依然有效,沒有簡要譴責或處決大批量地發生後,既沒有股份,也不機架分別設立; ,如果是,有一次在第一年教宗後,辯護沒收,他呼籲羅馬法及其處罰罪對主權國,但他並不以此為極端的結論,即異教徒當之無愧地被燒毀。 His reign affords many examples showing how much of the vigour he took away in practice from the existing penal code.他的統治提供了許多例子顯示多大的魄力,他拿走了,在實踐中,由現行的刑法典。


A. The Inquisition of The Middle Ages答:宗教裁判所的中世紀

(1) Origin ( 1 )原產地

During the first three decades of the thirteenth century the Inquisition, as the institution, did not exist.在第一個30年的13世紀宗教裁判所,因為該機構,是不存在的。 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.但最終基督教歐洲是使物種受到異端法和刑法的立法catharism了,所以截至目前為止,宗教裁判所,似乎是一個政治上的需要。 That these sects were a menace to Christian society had been long recognized by the Byzantine rulers.這些教派是一個威脅,以基督教社會曾長期公認拜占庭統治者。 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.早在公元十世紀慈禧theodora了死刑千頭萬緒paulicians ,並在1118年天皇alexius康姆尼紐斯對待bogomili與平等的嚴重性,但這並沒有阻止他們澆築超過所有西歐。 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.況且這些支派人,是最高等級的侵略,敵視基督教本身,向大眾,聖禮,教會等級制度和組織;敵對,也封建政府,他們的態度宣誓,他們宣稱在任何情況下,可容許的。 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).也沒有被他們的意見,那麼致命的延續,人類社會,為對美國,一方面,他們不容許婚姻和繁殖的人類,並在另一方面,他們提出了當值的自殺是通過機構的endura (見卡塔利) 。 It has been said that more perished through the Endura (the Catharist suicide code) than through the Inquisition.據說,曾經有更多的滅亡通過endura ( catharist自殺碼) ,比通過宗教裁判所。 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,有人自然不夠保管人的現有秩序,在歐洲,特別是基督教,採取鎮壓措施,例如革命教義。 In France Louis VIII decreed in 1226 that persons excommunicated by the diocesan bishop, or his delegate, should receive "meet punishment" (debita animadversio).在法國路易八命令,在1226年的人驅逐,由教區主教,或他的代表,應該得到"滿足處罰" ( debita animadversio ) 。 In 1249 Louis IX ordered barons to deal with heretics according to the dictates of duty (de ipsis faciant quod debebant).在1249年路易九下令大亨,以應付異端據頤指氣使稅(德ipsis faciant和debebant ) 。 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.理事會法令的圖盧茲( 1229 ) ,使得它看來有可能在法國逝世,在股權已經理解為符合上述debita animadversio 。 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.設法追查,在這些措施的影響,帝國或羅馬教皇條例是徒勞的,因為燃燒的異教徒已來被視為指令性的。 It is said in the "Etablissements de St. Louis et coutumes de Beauvaisis", ch.據稱,在" etablissements德聖路易等coutumes德beauvaisis " ,你的。 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 ( ordonnances萬roys法國,我, 211 )說: " quand法官在樂[ ecclésiastique ] laurait審議了[樂嫌疑人]硒白細胞介素trouvait , quil feust bougres ,思樂devrait自由放任envoier à正義laie等司法laie樂dolt幾乎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德beauvaisis "對應,以德國的" sachsenspiegel " ,或"的一面鏡子撒克遜法" ,編制了1235年左右,這也體現了作為一名法律制裁定制執行不信,在股權(薩爾文超濾明鏡傷害burnen ) 。 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.在意大利皇帝馮檢二,早在1220年11月22日(週一胚芽。第一,第二,第243條) ,發表了一份rescript反對異教徒,構思,但在相當的精神無辜三,以及honorius三,委託他legates看到,以執法,在意大利城市的兩個典型法令, 1215與帝國立法的1220名。

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.從前述內容可以是毋庸置疑的是,直至1224年有沒有帝國法律訂購,或假定為法律,焚燒異教徒。 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).該rescript為倫巴第的1224 (週一胚芽。第一,二, 252個;比照同上, 288頁)據此,是第一部法律,其中死亡的火災現(參見菲克爾,同前, 196頁) 。 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.這honorius三,在任何有關這項條例的草擬工作就無法再維持,事實上,皇帝都較差,需要教皇的靈感,因為燃燒的異教徒,在德國當時已不再罕見,其legists ,而且,一定會已指示皇帝注意,古羅馬的法律懲罰叛國罪犯被判死刑,摩尼教,尤其是與股權。 The imperial rescripts of 1220 and 1224 were adopted into ecclesiastical criminal law in 1231, and were soon applied at Rome.帝國rescripts 1220和1224年分別通過了到教會刑法在1231 ,並很快適用於羅馬。 It was then that the Inquisition of the Middle Ages came into being.這是當時宗教裁判所的中世紀應運而生。

What was the immediate provocation?什麼是即時的挑釁? Contemporary sources afford no positive answer.當代來源不起,沒有正面回答。 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 ,他們或許指揮原當代材料比任何人,試圖在他的最新作品( l'探討。經濟局局長origines 。 SA服務程序,巴黎, 1906年) ,以解釋它的外觀由一個假定的焦慮格雷戈里九,以預先阻止侵害馮檢二,在嚴格的教會省的教義。 For this purpose it would seem necessary for the pope to establish a distinct and specifically ecclesiastical court.為此,似乎有必要為教皇確立鮮明而具體地教會法庭。 From this point of view, though the hypothesis cannot be fully proved, much is intelligible that otherwise remains obscure.從這個角度看,雖然假設不能充分證明了,很多是理解,否則仍然模糊。 There was doubtless reason to fear such imperial encroachments in an age yet filled with the angry contentions of the Imperium and the Sacerdotium.因此毫無疑問,有理由擔心這種帝國侵占在這樣一個時代,但充滿憤怒的爭論的imperium和sacerdotium 。 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?我們只需要記得,玩弄權術的皇帝和他假裝熱心為純潔的信念,他的日益嚴格立法禁止異端,眾多處決他的個人競爭對手的藉口異端,世襲激情的亨施道芬為最高控制權教會與國家,他們聲稱上帝賦予的權力,兩者的責任,在這兩個領域,以神和上帝,只有等,什麼是更接近自然比教會應嚴格儲備,以她自己的思想領域,而在同一時間,在努力避免給予罪行,以天皇? 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.一個純粹的精神或教皇宗教法庭將保證教會的自由和權力,為這個法庭可以完全可由男性的專門知識和清白聲譽,而且首先要獨立,在男人的手中,教會可以平安信託的決定,以正統或異端某一教學。 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).在另一方面,為了滿足皇帝的意願,就允許的,刑法的帝國可能被接管,因為它主張(參見audray , " regist 。德grégoire九大" , 12月31日535 ) 。

(2) The New Tribunal ( 2 )新法庭

(a) Its essential characteristic (一) ,其本質特徵

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.教宗沒有建立宗教裁判所作為一個獨特和獨立的法庭;他的所作所為被任命特別,但常任法官,他們被處決,他們的理論功能,在名稱的教宗。 Where they sat, there was the Inquisition.凡報考的,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.它必須小心,他指出,該特徵的宗教裁判所,是不是它的奇特的程序,也沒有秘密訊問證人,並作出相應的正式起訴書:這個程序是共同的所有法庭,從時間的無辜三。 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.也不是追求異端,在所有工作場所:這一直是統治以來,帝國主教維羅納下lucius三和馮巴巴羅薩。 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.也再一次被它折磨,因為這是不明,甚至讓幾十年後,一開始的宗教裁判所,也沒有,最後,各種制裁,監禁,沒收,股權等,所有這些都遭到處分照常早宗教裁判所。 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.該砂鍋,嚴格來說,是一個具有特別意義,但常任法官,名義行事的教宗溫飽,由他的權利和義務依法處理反政府罪名的信念;但是,他堅持以既定規則典型的程序和發音習慣的懲罰。 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.許多把它作為天賜說,就在這個時候興起了兩個新的命令,多米尼加和方濟會,其成員中,其優越的神學訓練等方面的特點,似乎遙不可及,裝有履行審問工作與整個圓滿成功。 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.它是安全的假設表示,他們並非僅僅是天賦必需的知識,但他們也有不少,無私奉獻,並不受影響世俗的動機,純粹是做什麼似乎是他們的職責,為良好的教會。 In addition, there was reason to hope that, because of their great popularity, they would not encounter too much opposition.此外,人們有理由希望,因為他們的大受歡迎,他們也不會遇到太大的反對。 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.看來,因此並不違反自然規律認為,監獄應該已經選定由教皇prevailingly從這些訂單,特別是從的多米尼加人。 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.這是但是,他指出,該監獄沒有選擇完全由乞討訂單,雖然參議員羅馬毫無疑問,這樣的意思時,在他宣誓就職( 1231 ) ,他談到inquisitores您的抗體Ecclesia的。 In his decree of 1232 Frederick II calls them inquisitores ab apostolica sede datos.在他的法令, 1232馮檢二,呼籲他們inquisitores抗體apostolica地球物理您的。 The Dominican Alberic, in November of 1232, went through Lombardy as inquisitor haereticae pravitatis.多米尼加阿伯里克,在十一月1232 ,經歷了倫巴第大作為打破砂鍋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.事先和分之前的多米尼加人在friesbach給出了一個類似的委員會,早在1231年11月27日; 1232年12月2日,該修道院的strasburg ,以及稍後修道院的維爾茨堡,拉蒂斯邦和不來梅,也收到委員會的意見。 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.在1233年1 rescript的格雷戈里九,內容涉及這些事項,被送往同時向主教的法國南部,並以先驗的多米尼加秩序。 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).我們知道,多米尼加人被送往監獄,因為在1232年向德國沿著萊茵河,向教區tarragona在西班牙和倫巴第,在1233年到法國,向境內的歐塞爾隊,教會省份bourges ,波爾多, narbonne , auch和勃艮第在1235年向教會省sens.在精細中,約有1255名,我們找到了宗教裁判所,在充分活動在所有國家的中部和西部歐洲-在縣圖盧茲,在西西里,阿拉貢,倫巴第,法國,勃艮第, Brabant的,和德國(參見douais ,前引書,第36頁,並fredericq , "胼documentorum inquisitionis haereticae pravitatis neerlandicae , 1025年至1520年" ,第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.格雷戈里認為,第九,通過他的任命多米尼加和方濟作為監獄,撤回鎮壓異端,從適當的法院(即從主教) ,是一個和非議中,所以總體上是一個形式,不能永遠持續。 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.所以沒想到,他想取代主教的權力,相反,他所提供的明確表示,沒有inquisitional法庭是可以在任何地方工作,沒有教區輔理主教的合作。 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,對強度其教皇管轄,監獄偶爾表現出太大的傾向獨立行事的主教的權力,也正是教宗窩藏他們有正確的方向。 As early as 1254 Innocent IV prohibited anew perpetual imprisonment or death at the stake without the episcopal consent.早在1254年無辜四不准重新永恆的監禁或死刑,在股權沒有主教的同意。 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.類似的命令發出的市區四,在1262 ,克萊門特四,在1265 ,並格雷戈里X在1273年,直到最後博尼法斯八和克萊門特v莊嚴宣告無效的所有判決發出的審理,涉及信仰,除非交付與批准及合作行動中的主教。 The popes always upheld with earnestness the episcopal authority, and sought to free the inquisitional tribunals from every kind of arbitrariness and caprice.教宗始終堅持正經主教的權力,並力圖擺脫inquisitional法庭從每一種武斷和反复無常。

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.這是一個沉重的負擔的責任-幾乎是太沉重,為一個共同的凡人-下跌後,肩上的一個砂鍋,誰有義務,至少間接地,以決定關係到生死存亡。 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.教會被捆綁堅持說,他應具備的,在一個前eminant程度,素質的一個很好的判斷,這應該是動畫與光輝的熱情為信念,救贖的心靈,並摘除的異端;在一切困難和危險,他應該永遠不會屈服的憤怒或激情,那他應該滿足敵意,無所畏懼,但不應該在球場;表示他應該屈服於任何引誘或威脅,但並非鐵石心腸,也就是說,在情況允許的,他應當遵守慈悲配置處罰;表示他應該聽取律師他人的,而不是信託太多自己的意見,或外表,因為往往可能是不真實的,真相難以琢磨的。 Somewhat thus did Bernard Gui (or Guldonis) and Eymeric, both of them inquisitors for years, describe the ideal inquisitor.有點因而伯納德桂(或guldonis )和eymeric ,他們都監獄多年,描述理想的砂鍋。 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".這種打破砂鍋也被格雷戈里九無疑是思想的時候,他敦促康拉德馬爾堡: "當puniatur碳化矽temeritas perversorum和innocentiae puritas非laedatur " -即"不是為了懲罰惡人等,以傷害無辜者" 。 History shows us how far the inquisitors answered to this ideal.歷史昭示我們:在多大程度上監獄回答了這一理想。 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.遠遠不是不人道,他們被作為一項規則,男,一塵不染的品格,有時確實令人欽佩的神聖性,而不是少數人已被冊封由教會。 There is absolutely no reason to look on the medieval ecclesiastical judge as intellectually and morally inferior to the modern judge.是絕對不存在的原因要看看對中世紀宗教法官為智力上和道義上並不亞於現代法官。 No one would deny that the judges of today, despite occasional harsh decisions and the errors of a few, pursue a highly honourable profession.沒有人會否認,法官的今天,儘管偶爾苛刻的決定和錯誤的少數人,追求一個高度這位專業。 Similarly, the medieval inquisitors should be judged as a whole.同樣,在中世紀的監獄應判斷作為一個整體。 Moreover, history does not justify the hypothesis that the medieval heretics were prodigies of virtue, deserving our sympathy in advance.此外,歷史上沒有理由假設,即中世紀異端被prodigies的美德,值得我們同情,具有超前性。

(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.這定期開始一個月的"任期恩典" ,宣布由砂鍋每當他來到一個異端四起區。 The inhabitants were summoned to appear before the inquisitor.居民被傳喚出庭前打破砂鍋。 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.對那些供述了自己一個合適的懺悔(如朝聖) ,是強加的,但絕不會成為一個嚴厲的懲罰,如嵌頓或移交給民間力量。 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,這些關係與居民的地方,往往是家具的重要標誌,指出了正確的季度調查的,有時很多這方面的證據,進而對個人。 These were then cited before the judges -- usually by the parish priest, although occasionally by the secular authorities -- and the trial began.這些人,然後舉前法官-通常是由教區牧師,雖然偶爾會受到世俗當局-和審判開始了。 If the accused at once made full and free confession, the affair was soon concluded, and not to the disadvantage of the accused.如果被告立即作出充分和自由的供述,事情很快就結束了,而不是不利於被告。 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.但在大多數情況下,被告簽訂的否定,甚至咒罵後,就4個福音,而這種剝奪是固執,在衡量該證詞是incriminating 。 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:大衛的奧格斯堡(參見preger , "明鏡traktat萬國寶馮augshurg產品模具waldenser " ,慕尼黑, 1878年第43 sqq )指出,以打破砂鍋四種方法提取公開承認:

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.不怕死,即給予被告認識到,股權期待已久的他,如果他不招供;較多或較少禁閉,可能是強調了削減食物;互訪的嘗試男子,因為他們將試圖誘使免費供認通過友好勸導;酷刑,這將在下文討論。

(c) The Witnesses (三)證人

When no voluntary admission was made, evidence was adduced.當沒有自願入學了,證據被引證。 Legally, there had to be at least two witnesses, although conscientious judges rarely contented themselves with that number.在法律上,必須有至少兩名證人,雖然有良心的法官很少知足自己與這個數字。 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.的原則,迄今共舉行了教會的證詞是異教徒,驅逐的人,一個perjurer ,總之,一個"臭名昭著" ,是不值錢的法庭面前。 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,不信教會採取進一步的步驟,取消這一確立已久的慣例,並接受邪教的證據幾乎全部價值在審判工作有關的信念。 This appears as early as the twelfth century in the "Decretum Gratiani".這個結果似乎早在公元12世紀,在" decretum gratiani " 。 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.而馮檢二容易assented這個新的出發點,監獄似乎是在第一明朗,給證據的證明價值的一個"臭名昭著"的人。 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.它只是在1261 ,經過亞歷山大四沉默了,他們顧忌,新的原則是普遍採用在理論上和實踐。 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.這一嚴峻的修改似乎已被辯護,理由是該邪教conventicles發生的秘密,被籠罩在巨大的狂言,讓可靠的資料可從沒有人,但本身。 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.甚至之前設立宗教裁判所的名稱,證人有時扣壓從被告到人,這是使用合法化,由格雷戈里九大無辜四,亞歷山大四。 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.博尼法斯八,不過,訂定外,由他牛市" ,對commissi收到你的來信officii " ( sext. decret , 1 。五,山雀第二節) ;指揮,在所有審判,甚至審問,證人必須命名為被告。 There was no personal confrontation of witnesses, neither was there any cross-examination.有沒有個人對抗的證人,也不是有任何反詰問。 Witnesses for the defence hardly ever appeared, as they would almost infallibly be suspected of being heretics or favourable to heresy.證人為辯方幾乎都出現了,因為他們幾乎infallibly被懷疑遭受異端或有利的異端。 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.出於同樣的原因,這些被彈劾的,很少有擔保的法律顧問,並因此不得不作出個人反應到主站的收費。 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."但是,這一點也沒有創新,為1205無辜三中,牛氣沖天的"矽相反你" ,不容許任何法律幫助,為異端說: "我們嚴格禁止你,律師和公證員,從以任何方式協助,由理事會或支持所有異教徒和等,相信在他們的,堅持給他們,令他們任何協助或保衛他們以任何方式" 。 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."但這種嚴重性,盡快放寬了,甚至在eymeric的一天,它似乎已被普遍習俗給予異端一名法律顧問,世衛組織,但是,要在各方面都超越了懷疑, "一身正氣,沒有疑義的忠誠度,熟練的民事和商教會法,並熱心為信仰" 。

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.同時,即使在那些艱難的時刻,這種法律嚴重被認為過高,並試圖發了言,以減輕他們以各種方式,以保護自然被告的權利。 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,他可以向法官的姓名,他的敵人:應收費源於他們,他們會被推翻,沒有進一步ADO的。 Furthermore, it was undoubtedly to the advantage of the accused that false witnesses were punished without mercy.此外,它無疑是向優勢被告虛假證人的人進行了處罰,決不手軟。 The aforesaid inquisitor, Bernard Gui, relates an instance of a father falsely accusing his son of heresy.上述砂鍋,伯納德鬼,涉及的一個實例,一位父親誣稱他的兒子的異端。 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).兒子是無辜的迅速到來,以較輕的,虛假的指控被逮捕,並判處有期徒刑生活( solam維生素的EI當然任憑relinquentes ) 。 In addition he was pilloried for five consecutive Sundays before the church during service, with bare head and bound hands.此外,他被嘲笑為連續5個星期天之前,教會在服役期間,與裸頭和約束的手中。 Perjury in those days was accounted an enormous offence, particularly when committed by a false witness.偽證罪,在那些日子,是佔了很大的罪行,尤其是當由一個虛假的證人。 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,被告人進行了相當大的優勢,在這一事實,即打破砂鍋曾進行試驗,在加強與教區主教或他的代表,向誰所有有關的文件,審判,以他匯出。 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).雙方共同努力,打破砂鍋和主教,也發了言傳喚,並徵詢了一些正直的和有經驗的男性(渤泥資源) ,並決定同意他們的決定( vota ) 。 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.無辜四( 1254年7月11日) ,亞歷山大四( 1255年4月15日和1260年4月27日) ,市區四( 1264年8月2日) ,嚴格明這個機構的渤泥資源-即協商在困難的案件經驗豐富的男人,熟悉業務神學與教會法,並在各方面都無可指責的。 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.該文件的審判都是在自己的全部交給他們,或至少是一個抽象制定了由一名公證是家具,他們也發了言結識了與證人的姓名,以及他們的首要職責是要決定還是不證人的證詞不可信。

The boni viri were very frequently called on.該渤泥資源非常頻繁呼籲。 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. 30 , 50 , 80 ,或更多的人-普通人和司鐸;世俗和定期-將召見,都極受尊重和獨立的男人,個兒宣誓要給予裁決後,案件面前,以最好的自己的知識和信念。 Substantially they were always called upon to decide two questions: whether and what guilt lay at hand, and what punishment was to be inflicted.實質上,他們一直呼籲,決定了兩個問題:究竟是什麼罪惡感奠定在手,和什麼樣的處罰是為了造成的。 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.他們可能會受任何個人因素,案件將提交給他們顯得有點抽象,即人的姓名inculpated還不清楚。 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.雖然嚴格來說,渤泥資源享有唯一的一個諮詢性表決,最後的裁決,通常是根據他們的意見,而且,不論他們的決定進行了修訂,它總是在方向寬大處理,減輕結果被確實經常發生。 The judges were also assisted by a consilium permanens, or standing council, composed of other sworn judges.法官們,還有一個建議都permanens ,或者常務委員會組成的理事會其他法官宣誓就職。 In these dispositions surely lay the most valuable guarantees for all objective, impartial, and just operation of the inquisition courts. 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. Eymeric leads one to infer that in Aragon appeals to the Holy See were not rare. 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. 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. 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. 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.

(d) Punishments

The present writer can find nothing to suggest that the accused were imprisoned during the period of inquiry. 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. 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. The oath was assuredly a terrible weapon in the hands of the medieval judge. If the accused person kept it, the judge was favourably inclined; on the other hand, if the accused violated it, his credit grew worse. 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. 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. 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. 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.

Curiously enough, torture was not regarded as a mode of punishment, but purely as a means of eliciting the truth. It was not of ecclesiastical origin, and was long prohibited in the ecclesiastical courts. Nor was it originally an important factor in the inquisitional procedure, being unauthorized until twenty years after the Inquisition had begun. 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. 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. 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. 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. Conscientious and sensible judges quite properly attached no great importance to confessions extracted by torture. After long experience Eymeric declared: Quaestiones sunt fallaces et inefficaces -- ie the torture is deceptive and ineffectual.

Had this papal legislation been adhered to in practice, the historian of the Inquisition would have fewer difficulties to satisfy.這個教皇立法一直堅持在實踐中,歷史學家的宗教裁判所,將有較少的困難,以滿足。 In the beginning, torture was held to be so odious that clerics were forbidden to be present under pain of irregularity.在開始時,酷刑舉行如此可憎認為教士被禁止在場下痛苦的不平順。 Sometimes it had to be interrupted so as to enable the inquisitor to continue his examination, which, of course, was attended by numerous inconveniences.有時候,它已被打斷,使能打破砂鍋繼續他的考試,這項考試成績,當然,出席了許多不便。 Therefore on 27 April, 1260, Alexander IV authorized inquisitors to absolve one another of this irregularity.因此,對1260年4月27日,亞歷山大四核定監獄,以免除彼此的,這不正常的運作。 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.市區四,對1262年8月2日,更新了許可,而這很快就被解釋為正式的牌照繼續審查,在刑房本身。 The inquisitors manuals faithfully noted and approved this usage.該監獄手冊,忠實地記錄,並批准了這一用法。 The general rule ran that torture was to be resorted to only once.一般規則然,酷刑是將訴諸只有一次。 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."但有時這被規避-第一,假設每次遇到新的證據機架,可重新利用,其次是由施加新鮮磨折就可憐的受害者(通常是在不同的日子裡) ,而不是透過重複,但作為一個延續(非廣告modum iterationis的SED continuationis ) ,因為其防禦eymeric " ; quia , iterari非debent [ tormenta ] ,除非Novis公司supervenitibus indiciis , continuari非prohibentur " 。 But what was to be done when the accused, released from the rack, denied what he had just confessed?但什麼是要做當被告,釋放出的機架,否認什麼,他剛剛交待? 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.一些曾與eymeric認為被告人應定在人身自由;他人的,但它像作者的"骶arsenale "認為酷刑應該繼續下去,因為被告有太嚴重incriminated自己以前的供述。 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.當克萊門特v他制定法規,為就業的酷刑,他從來沒有想到,最終甚至證人,將被提上機架,雖然不是他們有罪,但根據被告,是值得懷疑的。 From the pope's silence it was concluded that a witness might be put upon the rack at the discretion of the inquisitor.從教宗的沉默,它的結論是,證人可能放在機架在謹慎的砂鍋。 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,通過證人,或已承認控罪,酷刑仍可能他用來強迫他出庭作證,對他的朋友和老鄉的元兇。 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.這將是反對一切的神和人的資產-這麼一個內容是,在"骶a rsenale, o vverop ratica戴爾守d ella聖i nquisizione" (博洛尼亞, 1 665年) -施以酷刑除非法官親自說服對他有罪的被告。

But one of the difficulties of the procedure is why torture was used as a means of learning the truth.但其中一個困難的過程就是為什麼酷刑是用來作為一種手段,學習的真理。 On the one hand, the torture was continued until the accused confessed or intimated that he was willing to confess.在一方面,酷刑是一直持續到被告人供述或暗示說,他願意招供。 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.在另一方面,這並不是理想的,因為事實上這是不可能的,視為自由作了供認wrung刑訊逼供。

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.這是一次明顯的是如何少依賴可能放置後斷言,所以經常反复在會議紀要的審判, " confessionem本質veram ,非factam六tormentorum " (供述是真實和自由的) ,即使沒有偶然讀到前款頁面後,正在採取從機架( postquam depositus fuit德托爾門托) ,他自由地供認這幹那。 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.不過,這不是更重要的說,酷刑是很少提及,在記錄中的宗教裁判所審判-但有一次,例如在6 36譴責之間的第1 309和1 323年,這並不能證明酷刑是很少適用。 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.自酷刑原本對法院外室奠定官員,因為只有自願招供是有效的前法官外,還有沒有機會提到,在記錄事實的酷刑。 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.在另一方面,是歷史上的真實表示,教宗不僅始終認為,酷刑絕不能危及生命或而且還企圖廢除尤其是他人濫用的情況,當這種被稱為給他們。 Thus Clement V ordained that inquisitors should not apply the torture without the consent of the diocesan bishop.因此克萊門特v注定監獄,不應適用於酷刑,未經同意教區主教。 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.來自中東的13世紀,但它們並沒有抵賴的原則本身,而且,正如他們的限制,其使用並不總是理會,其嚴重性,雖然告訴誇張的,在許多情況下極端。

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.領事的carcassonne 1286年投訴到教皇,法國國王和vicars的當地主教對打破砂鍋讓花環,他們被控以施加酷刑卻是絕對不人道的方式,這項收費並沒有孤立的一個。 The case of Savonarola has never been altogether cleared up in this respect.該案件savonarola從來沒有被完全清理了這方面的工作。 The official report says he had to suffer three and a half tratti da fune (a sort of strappado).官方報告說,他曾遭受三年半tratti達fune (一種strappado ) 。 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.當亞歷山大第六顯示不滿延誤的審判中,佛羅倫薩政府難辭其咎本身所敦促savonarola是一位有著非同尋常的堅固耐久,並說,他一直大力折磨很多天( assidua quaestione multis diebus ,教皇prothonotary , burchard說, 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.這是值得注意的是,酷刑是最殘酷地使用,而監獄人最容易受到壓力的民間權威。 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.馮檢二,雖然總是吹噓他一心為純潔的信仰,受虐機架和宗教裁判所救的方式,他個人的敵人。 The tragical ruin of the Templars is ascribed to the abuse of torture by Philip the Fair and his henchmen.悲劇絕路的templars原因是濫用酷刑弘公平和他的追隨者。 At Paris, for instance, thirty-six, and at Sens twenty-five, Templars died as the result of torture.在巴黎,例如, 36 ,並在靈敏度25 , templars死亡結果的酷刑。 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.有福貞德不能夠被發送到股權作為一個異教徒和不守法的,如果她的法官沒有工具的英語政策。 And the excesses of the Spanish Inquisition are largely due to the fact that in its administration civil purposes overshadowed the ecclesiastical.和過度的西班牙宗教裁判所,主要是由於這一事實,即在其管治的民用目的蒙上了教會。 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.每一個讀者的" cautio criminalis "的耶穌會神父弗里德里希高速知道聽誰的帳戶,主要是要訂下可怕的巫術審判。

Most of the punishments that were properly speaking inquisitional were not inhuman, either by their nature or by the manner of their infliction.大部分的懲罰得到了妥善來說inquisitional沒有不人道的,無論是由它們的性質或方式,其造成的。 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.最常見的某些好的作品被命令,例如建設一所教堂,參觀一所教堂,朝拜較多或較少遙遠,提供蠟燭或chalice ,參加一個十字軍東征等。 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partook更多的性質實質,並在一定程度上有辱人格的處罰,如罰款,其所得收入用於諸如公共用途,因為教會的建設,道路的決策,以及類似;鞭笞與棒在宗教事務; pillory ;穿著深色十字架,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.最難的判罰,監禁在其有不同程度的排斥,從共融的教會,通常相應移交給民間力量。 "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"冉正則表達式, "超非habeat和faciat親鏈球菌demeritis矛盾ipsum , idcirco , eundum reliquimus brachio等iudicio saeculari " -即自教會不能越走越懲罰他的錯誤行為,她離開他,向民間管理局。

Naturally enough, punishment as a legal sanction is always a hard and painful thing, whether decreed by civil or ecclesiastical justice.自然是不夠的,處罰作為一種法律制裁永遠是困難和痛苦的事,無論頒布民事或教會正義。 There is, however, always an essential distinction between civil and ecclesiastical punishment.有,不過,始終有一個本質區別民間和教會的懲罰。 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.而責罰受到世俗權力的目的,主要是在懲罰違法的,教會的目的,主要是改正逾期;確實是他的精神福利常常這麼多鑑於該單元的處罰是幾乎完全拋諸腦後。 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.指揮部聽取群眾聖地,週日和假日,經常發生宗教服務,以投棄權票,由手工勞動,接受共融於行政節日的一年,到忍無可忍,從準確性和高利貸等,可有效作為,有助於走向圓滿基督教的職責。 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.不言而喻,況且現任就打破砂鍋考慮,而不僅僅是外部制裁,而且黨內改變主意,他的刑期失去準機械剛度,所以常常特徵民間的譴責。 Moreover, the penalties incurred were on numberless occasions remitted, mitigated, or commuted.此外,罰則招致被無數次匯出,減輕或減刑。 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.在記錄中的宗教裁判所,我們很經常看到那些因年老,疾病,貧困,或在家庭,受到應得的懲罰,是在物質減少,因為要打破砂鍋的,純屬可嘆的是,或請願書的一個好的天主教徒。 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.終身監禁被改為罰款,而這一種施捨;參與征討被減刑到朝聖,而一個遙遠和昂貴的朝聖成為訪問一個鄰國神社或教堂,等等。 If the inquisitor's leniency were abused, he was authorized to revive in full the original punishment.如果打破砂鍋的寬大受到虐待,他被授權振興足額原處分。

On the whole, the Inquisition was humanely conducted.就整體而言,宗教裁判所是人道地進行。 Thus we read that a son obtained his father's release by merely asking for it, without putting forward any special reasons.因此,我們看到一個兒子得到了他父親的釋放,只要求它,沒有提出任何特別的原因。 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.牌照離開上升為3個星期, 3個月內,或無限期-說,直到回收或去世的生病的父母-不會生疏。 Rome itself censured inquisitioners or deposed them because they were too harsh, but never because they mere too merciful.羅馬本身責難inquisitioners或廢黜他們,因為他們太苛刻,但從來沒有因為他們只是太仁慈的。

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.入獄並不總是佔處罰,在適當的意義:它是相當期待就為契機,悔過書,一個預防性打擊開倒車或感染他人。 It was known as immuration (from the Latin murus, a wall), or incarceration, and was inflicted for a definite time or for life.它被稱為immuration (來自拉丁語murus ,牆) ,或監禁,並造成了一定的時間或終身監禁。 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. immuration終身,是很多人沒有利潤由上述任期的寬限期,或有可能recanted只從死亡的恐懼,或者是曾經之前abjured異端。

The murus strictus seu arctus, or carcer strictissimus, implied close and solitary confinement, occasionally aggravated by fasting or chains.該murus strictus您arctus ,或carcer strictissimus ,隱含密切和單獨禁閉,偶爾會加劇禁食或連鎖店。 In practice, however, these regulations were not always enforced literally.然而在實踐中,這些規定並不總是強迫字面上。 We read of immured persons receiving visits rather freely, playing games, or dining with their jailors.我們讀到的immured者接受訪問,而不是自由,玩遊戲,或用餐,與他們jailors 。 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.在另一方面,單獨禁閉是有時被視為不足,然後immured被放進鐵桿或鐵鍊鎖在獄牆。 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.成員的一項宗教命令,當譴責終身,分別immured在自己的修道院,也不是任何時候都可以發言,與他們任何博愛。 The dungeon or cell was euphemistically called "In Pace"; it was, indeed, the tomb of a man buried alive.該地牢或細胞被委婉地稱為"節奏" ,它是,實際上,墓的一名男子活埋。 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.它被看作為一個了不起的人贊成時,在1330 ,通過斡旋大主教圖盧茲,法國國王允許有名望的某為了參觀"的步伐, "每月兩次,並安慰他囚禁弟兄們,對其中贊成多米尼加遞交克萊門特六是徒勞的抗議。 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):雖然牢房是針對被留置在這樣一種方式,危害,無論是生活,也不是健康的佔用者,其真實的情況是,有時候可悲的,因為我們看到,從文件公佈了JB維達爾(年鑑德聖-路易萬法國, 1905年,頁362 ) :

In some cells the unfortunates were bound in stocks or chains, unable to move about, and forced to sleep on the ground .在某些細胞中的不幸者,必將在股票或連鎖店,無法走動,並被迫睡在地上。 . . . There was little regard for cleanliness.有很少考慮到清潔。 In some cases there was no light or ventilation, and the food was meagre and very poor.在某些情況下沒有光線或通風,所攜帶的食品是微薄的和非常差。

Occasionally the popes had to put an end through their legates to similarly atrocious conditions.偶爾教宗不得不杜絕通過其legates以同樣殘暴的條件。 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.在考察了carcassonne和阿爾比監獄於1306年, legates皮埃爾德香格里拉Chapelle的和béranger德frédol駁回典獄長,撤職,連鎖店從俘虜,並救出了一些來自地下的地牢。 The local bishop was expected to provide food from the confiscated property of the prisoner.當地主教,預計提供食物,從沒收的財產的囚犯。 For those doomed to close confinement, it was meagre enough, scarcely more than bread and water.對於那些注定要密切隔離,它是微薄不夠的,還不多的麵包和水。 It was, not long, however, before prisoners were allowed other victuals, wine and money also from outside, and this was soon generally tolerated.這是,時間不長,不過,在犯人被允許其他victuals ,酒和金錢也來自境外,這很快就被普遍不能容忍的。

Officially it was not the Church that sentenced unrepenting heretics to death, more particularly to the stake.正式這不是教會判處unrepenting異端死刑,更特別是向股份。 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.作為legate的羅馬教會,甚至格雷戈里四從來沒有更進一步超過刑法條例的無辜第三所需,也沒有以往任何時候都受了處罰更嚴厲,比禁教。 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.直到四年後,展開他的教宗,他承認有意見,那麼盛行legists ,認為大逆不道,應該處以死刑,看到有人confessedly沒有那麼嚴重屬違法比叛國罪。 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.但是他繼續堅持專有權,教會決定在真實地事宜的異端;在同一時間,這不是她的辦公室來宣判死刑。 The Church, thenceforth, expelled from her bosom the impenitent heretic, whereupon the state took over the duty of his temporal punishment.教堂,此後,開除她的胸了impenitent邪教組織,在這種情況下,國家接管的責任,他顳處罰。

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."馮檢二,當時的看法是一致的,在他的憲法第1224他說,異端裁定由教會法院應,對帝國權威,受到死亡的火災( auctoritate諾斯特拉ignis iudicio concremandos ) ,並同樣在對1233 " praesentis nostrae的立法edicto damnatos驗屍患者decernimus " 。 In this way Gregory IX may be regarded as having had no share either directly or indirectly in the death of condemned heretics.這樣格雷戈里九,可視為具有不共享,直接或間接地在死亡的譴責異教徒。 Not so the succeeding popes.並非如此繼任教皇。 In the Bull "Ad exstirpanda" (1252) Innocent IV says:在牛市"專案exstirpanda " ( 1252 )無辜四說:

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.當那些被判定有罪的異端已放棄向民事權力的主教或其代表,或宗教裁判所, podestà或行政裁判的城市應採取他們一次,並應在5天內,在最後,便執行法律,對他們提出的。

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,他指使這個牛市和相應法規的馮檢二,記入每個城市之一,市政府根據章程疼痛的禁教,這是還參觀了對那些沒有執行這兩個教皇與帝國法令。 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".也不可能有任何疑問仍然以什麼公務員規例,意,為段落下令燒毀impenitent異端被插在教皇decretals從帝國憲法" commissis的意識"和" inconsutibilem tunicam " 。 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.上述牛市"專案exstirpanda "目前仍是此後的一項基本文件的宗教裁判所,續訂或鋼筋幾位教皇亞歷山大四( 1254年至1261年) ,克萊門特四( 1265年至1268年) ,尼古拉四( 1288年至1202年) ,博尼法斯八( 1294年至1303年)等。 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.民事當局,因此,被責成由教皇,根據疼痛的禁教,以執行法律的句子,譴責impenitent異端,以股份。 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.這是他說,禁教本身是沒有任何小動作,因為,如果該人驅逐沒有自己的自由,從禁教內一年內,他被關押是由立法的這一時期是一個邪教組織,並遭受了所有刑罰影響異端。

The Number of Victims.受害者的人數。

How many victims were handed over to the civil power cannot be stated with even approximate accuracy.有多少受害者,是被移交給民事權力不能說明,即使是近似的準確性。 We have nevertheless some valuable information about a few of the Inquisition tribunals, and their statistics are not without interest.雖然如此,我們已向一些有價值的資料,對少數宗教裁判法庭,他們的統計也不是沒有興趣。 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".在pamiers ,從1318年至1324年,出於對24人被定罪,但5人交付給民間力量,在圖盧茲,由1308年至1323年,只有42列的930負不祥注" 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,在pamiers之一,在13名,並在圖盧茲一42似乎已經被燒為異端,雖然這些地方的溫床異端,因此主要的金融中心的宗教裁判所。 We may add, also, that this was the most active period of the institution.我們有可能會增加,也表示,這是最活躍的時期,這一機構。

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.這些數據和其他相同性質的證明斷言宗教裁判所,標誌著實質性進展,在當代司法行政工作,因此,在一般人類文明。 A more terrible fate awaited the heretic when judged by a secular court.一個更可怕的命運在等待著邪教的時候,判斷一個世俗法庭。 In 1249 Count Raymund VII of Toulouse caused eighty confessed heretics to be burned in his presence without permitting them to recant.在1249計數raymund第七圖盧茲造成80供述異端被燒死在他的存在,而不容許他們收回。 It is impossible to imagine any such trials before the Inquisition courts.這是不可能想像任何此種審判之前,宗教裁判法院審理。 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.).大批燒毀詳細在各個歷史,是完全未經的,是不是故意的發明pamphleteers ,或者是基於材料涉及到了西班牙宗教裁判所的稍後的時間或德語巫術審判( vacandard ,同前, 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.一旦羅馬法觸摸罪laesae majestatis已涵蓋案件異端,它只是自然王國或帝國國庫應模仿羅馬國庫,並聲稱擁有該物業的人的譴責。 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.這是幸運的,雖然不符,當然也不是嚴格的正義,這罰款不影響每一個譴責的人,但只有那些被判處永久隔離或股權。 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,這種情況增加了不小,以罰款,特別是作為這方面的無辜的人,匪徒的妻子和孩子,被行政痛苦。 Confiscation was also decreed against persons deceased, and there is a relatively high number of such judgments.沒收還下令對死者的人,並有一個比較高的數目,這種判斷。 Of the six hundred and thirty-six cases that came before the inquisitor Bernard Gui, eighty-eight pertained to dead people.該636案件來到之前打破砂鍋伯納德貴, 88涉及到死的人。

(e) The Final Verdict (五)最終裁定

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.最終的決定,通常是明顯的莊嚴典禮在sermo是一般-或自動大菲(信任的行動) ,因為它是後來所謂的。 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.一,兩天在此之前sermo所有關心過收費閱讀他又簡略,而在白話;傍晚之前,他被告知在何處及何時出庭聽取判決。 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.該sermo ,短短話語或勸告,開始非常一大早;接著宣誓就職的世俗官員,他們分別作出發誓服從了砂鍋在一切事上有關鎮壓異端。 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.然後定期跟踪我們所謂的"法令的慈悲" (即commutations ,減輕和緩解了以往施加刑罰) ,並最終以應有的懲罰,被分配到無罪後,他們的罪行已被再次列舉了。 This announcement began with the minor punishments, and went on to the most severe, ie, perpetual imprisonment or death.這項宣布開始與未成年人的處罰,並到對向最嚴重的,即永久監禁或死刑。 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.於是有罪者被移交給民間力量,並以該法是一般sermo封閉,並inquisitional程序,在結束了。

(3) The chief scene of the Inquisition's activity was Central and Southern Europe. ( 3 )行政現場的宗教裁判所的活動是中部和南部歐洲。 The Scandinavian countries were spared altogether.斯堪的納維亞國家的人完全倖免。 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.看來,在英國,只有在紀念審判的templars ,也不是已知在卡斯蒂利亞與葡萄牙,直到加入費迪南和伊莎貝拉。 It was introduced into the Netherlands with the Spanish domination, while in Northern France it was relatively little known.據介紹到荷蘭與西班牙統治,而在法國北部,它是相對鮮為人知。 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,關於宗教裁判所,是否因為特別危險的宗派主義有流行或更大的嚴重性,教會和民間統治者,沉重地壓在意大利(尤其是倫巴第) ,對法國南部(特別是該國的圖盧茲和對朗格) ,最後對英國的阿拉貢和德國。 Honorius IV (1285-87) introduced it into Sardinia, and in the fifteenth century it displayed excessive zeal in Flanders and Bohemia. honorius四( 1285年至1287年)引入到撒丁島,在15世紀,它表現出過分的熱情,在佛蘭德和波西米亞。 The inquisitors were, as a rule, irreproachable, not merely in personal conduct, but in the administration of their office.該監獄人,作為一項規則,是無可指責的,而不是單純的個人行為,但在管理他們的辦公室。 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.但是,一些像羅伯特樂bougre ,保加利亞語( catharist )皈依基督教並隨後多米尼加,似乎已經產生了一種盲目狂熱,並故意挑起處決大批量地進入。 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.於1239年5月29日,在montwimer香檳,羅伯特委託給日本的火焰在同一時間大約一百名人士,對他的審判已經開始和結束的一周。 Later, when Rome found that the complaints against him were justified, he was first deposed and then incarcerated for life.後來,當羅馬發現了他的投訴是合理的,他是第一個被廢黜,然後囚禁終身。

(4) How are we to explain the Inquisition in the light of its own period? ( 4 ) ,我們如何來解釋宗教裁判所,在根據自己的時間? 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.為真正辦公室的歷史學家不是捍衛事實和條件,但要學習和了解他們在自然的過程中和連接。 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.這是不爭的事實,在過去幾乎沒有任何一個社會或民族vouchsafed完善嚴懲不貸那些成立一個信條不同,是由通用性。 A kind of iron law would seem to dispose mankind to religious intolerance.一種鐵律似乎處置是全人類的宗教不容忍。 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.甚至早在古羅馬國家試圖檢查與暴力迅速侵占的是基督教,柏拉圖曾宣布它是一個最高職務的政府權力,在他的理想狀態,以表明不嚴懲不貸,對"無神論" ,那就是-對那些否認國教-儘管他們的內容,以生活,默默耕耘,沒有從事傳教活動,他們非常他舉例說,將是危險的。 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.它們被存放在保管; : "在一個地方,一個明智的成長" ( sophronisterion ) ,作為取代監禁被婉轉地稱為他們應該降級上去為5年,在此期間,聽取宗教教學的每一天。 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.更積極地從事傳教活動的反對者國教人判終身監禁,在可怕的地牢,並在死後被剝奪安葬。 It is thus evident what little justification there is for regarding intolerance as a product of the Middle Ages.因此,這是顯而易見的是什麼沒有什麼理由存在,是關於容忍是一個產品的中世紀。 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.無處不在,始終在過去的男人,相信沒有什麼不安的共同富強和社會安寧這麼多宗教糾紛和衝突,並認為,在另一方面,一個統一的公共信仰,是最可靠的保證,為國家的穩定和繁榮。 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.更徹底的宗教已成為部份的國民生活,並就愈強一般的信念,它的不可侵犯性和神聖的起源,更處置,將男性要考慮每一個攻擊它作為一個不能容忍的犯罪,是對神和高度的犯罪威脅維持公眾秩序。 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.首基督教皇帝認為,其中一個行政職務的一個帝國統治者的是把他的劍在服務的教會和正統,尤其是作為其職稱的"日Bishop鮃" , "主教的外表"似乎辯稱,在他們神委任代理人的天堂。

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.不過,首席教師的教堂舉行回到幾百年,從接受在這些事情上的做法,對公務員的統治者,他們則下跌尤其是從這樣的嚴厲措施打擊邪教,作為懲罰,都使他們當作精神不符基督教。 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,在中世紀,天主教的信仰,成為單獨主導,與福利的英聯邦後來被息息相關,與事業的宗教團結。 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."國王彼得的阿拉貢,因此,但說出了普遍的信念時,他說: "敵人的基督的十字架,以及違反該法的基督教同樣我們的敵人和我國的敵人英國,並應當因此要處理的,因為這類" Emperor Frederick II emphasized this view more vigorously than any other prince, and enforced it in his Draconian enactments against heretics.皇帝馮檢二強調這一觀點更有力地比任何其他王子,並強迫在他的嚴苛法令對異教徒。

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.代表教會的人還孩子自己的時間,並在他們的衝突與異端接受幫助,他們的年齡自由地提供給他們,而事實上往往是強加的。 Theologians and canonists, the highest and the saintliest, stood by the code of their day, and sought to explain and to justify it.神學家和canonists ,最高及saintliest ,站在代碼的一天,並設法解釋和辯護。 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.這個教訓和聖raymund的彭納福特,高度評價了由格雷戈里九,是內容與刑罰可追溯到無辜三,即,禁止殺傷人員地雷的帝國,沒收財產,被隔離在監獄等,但在年底前的世紀,聖托馬斯阿奎那(總結theol ,二-二: 11時03分和二-二: 11時04分> ) ,已經主張死刑為異端,雖然不能說他的論點完全是迫使信念。 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.天使的醫生,但僅在一個普通的方式處罰,由死刑,並沒有指明更接近的方式,其造成的。

This the jurists did in a positive way that was truly terrible.這是法學家卻以一種積極的方式,那是真正可怕的。 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.著名的亨利segusia ( Susa的) ,命名為hostiensis後,他的主教見的開口(四1271 ) ,並沒有那麼傑出。 Joannes andreae (四13時45分) ,當解釋法令"專案abolendam " lucius三,採取debita animadversio (受到應得的懲罰)視為等同ignis crematio (死亡火災) ,其意義當然不重視提高至原來的表達1184 。 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.神學家和法學家基於他們的態度在一定程度上的相似性之間的異端和高叛國(罪laesae maiestatis ) ,有人建議說,他們欠法的古羅馬。 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.他們說,此外,如果死刑能正確地對小偷和偽造者,他們搶我們的唯一的世俗品,有多少更理直氣壯地對那些欺騙我們走出了超自然的貨物-出於信仰,聖禮,生活中的靈魂。 In the severe legislation of the Old Testament (Deuteronomy 13:6-9; 17:1-6) they found another argument.在嚴峻的立法舊約(申命記喀福音/路加13:6-9 ; 17:1-6 ) ,他們發現了另一種說法。 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).與以免一些應該敦促這些條例被廢止,由基督教,基督的話被回憶說: "我不是來破壞,但要完成" (馬太5點17分) ;也是他的其他的話說(約翰15時06分) : "如果任何一個不遵守對我的,他應投了,作為一個分支,並應枯萎,並應蒐集他的,投他到火災情況,他burneth " ( ignem mittent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.這是人所共知的信仰是在正義的懲罰異端與死亡是如此普遍, 16世紀維新-路德, z wingli,卡爾文,以及他們的追隨者-我們可以說,他們的耐受性,開始他們的權力結束。 The Reformed theologian, Hieronymus Zanchi, declared in a lecture delivered at the University of Heidleberg:經過改革的神學家, hieronymus zanchi宣布,在發表的演講,在大學heidleberg :

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.我們現在並不想請問,如果當局可能宣判死刑後,異端;的存在,可以毫無疑問,和所有的教訓和正確的態度,男子承認這一點。 The only question is whether the authorities are bound to perform this duty.唯一的問題是,當局是否必然會履行這方面的義務。

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.和zanchi回答這第二個問題是肯定的,特別是對權力的"所有虔誠和教訓男子,他們曾寫信就此事在我們的一天" [ historisch - politische布拉特說,消抗安胎口服液, ( 1907年) ,頁 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?或許可以說,近代以來男法官更寬大其他人的意見,但是這是否立即作出自己的意見,客觀上更正確的,比他們的前輩? Is there no longer any inclination to persecution?難道再無任何傾向的迫害嗎? 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).遲至1871年教授弗里德伯格寫在霍爾岑多夫的" jahrbuch毛皮gesetzebung " : "如果一個新的宗教社會被今天成立這樣的原則,因為這些情況,根據梵蒂岡會,天主教教會宣布的事的信念,我們將毫無疑問,認為它是一個國家的責任,壓制,摧毀和剷除它的力量" ( kölnische volkszeitung ,沒有。 782 , 1909年9月15日) 。 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?做這些觀點表明,它有能力公正地評價院校和意見的前幾個世紀,而不是按照現代感情的,但有關標準的,他們的年齡?

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.在成形的估計宗教裁判所,就是要明確區分的原則和歷史事實,對美國,一方面,另一方面,這些誇張或口頭說明,其中透露的偏見和一個明顯的決心傷害天主教,而不是鼓勵精神寬容和進一步的行使。 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.它也必須指出,宗教裁判所,在其編制及工作程序,並沒有涉及到的領域信仰,但這種有紀律的勞動者。 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.教條式的教學,教會,是在沒有辦法的影響的問題,至於是否有宗教裁判所是有道理的,在其範圍內,或明智的,在它的方法,或者是極端的做法。 The Church established by Christ, as a perfect society, is empowered to make laws and inflict penalties for their violation.教會設立的基督,作為一個完美的社會,是有權制定法律,並造成處罰其違規行為。 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.異端不僅違反了國際法,她罷工,但她很生活中,團結的信念,以及從一開始,邪教組織曾招致所有刑罰的教會法庭。 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.當基督教成為宗教的帝國,還有更多的時候,人民的北部歐洲成為基督教國家,緊密的同盟,教會與國家的統一作出了信仰的必不可少的,不僅要教會組織,而且也有利於公民社會。 Heresy, in consequence, was a crime which secular rulers were bound in duty to punish.異端,因此,是一項罪行,其中世俗統治者的人,必將在有義務懲處。 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.它被視為是比任何其他犯罪的,甚至是叛國罪,這是為社會在那個時候我們所謂的無政府狀態。 Hence the severity with which heretics were treated by the secular power long before the Inquisition was established.因此嚴重性與異端治療世俗權力前不久宗教裁判所成立。

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.至於性格的這些懲罰,因此應考慮將他們的自然不僅表達了立法權,而且也違反了流行的仇恨為異端在這樣一個時代中處理這兩個大力,並大致與罪犯的每一個類型。 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.該邪教組織,在一個詞,只不過是一個無法無天的罪行,在大眾心目中,當之無愧的,有時甚至接到處罰簡易程序,因為這是經常處理出在我們自己的一天由一個激怒民眾的作者們理直氣壯地憎惡的罪行。 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.這種容忍是不奇怪的信天主教,而且是自然伴奏的深厚的宗教信念,在那些,同時,那些被遺棄的教堂,是顯而易見的,從所採取的措施有些改革者對那些不同於他們的事務的信念。 As the learned Dr. Schaff declares in his "History of the Christian Church" (vol. V, New York, 1907, p. 524),作為學到博士schaff申明,在他的"歷史的基督教教會" (第五卷,紐約, 1907年,頁524 ) ,

To the great humiliation of the Protestant churches, religious intolerance and even persecution unto death were continued long after the Reformation.向偉大的屈辱的新教教會,宗教不容忍和迫害,甚至祂死亡續會後不久改造。 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.在日內瓦惡毒的理論付諸實踐,由國家和教會,甚至到了使用酷刑和接納的證詞,對兒童及其家長,並與制裁的卡爾文。 Bullinger, in the second Helvetic Confession, announced the principle that heresy could be punished like murder or treason.布凌格,在第二helvetic供述,宣布原則,即大逆不道,可處以如謀殺或叛國。

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.另外,整個的歷史,以及刑法對天主教徒在英國和愛爾蘭,精神的不容忍盛行於許多美國的殖民地,在十七世紀和十八世紀,可引用的證據。 It would obviously be absurd to make the Protestant religion as such responsible for these practices.這顯然是荒謬的,以使基督教宗教等負責這些做法。 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.但設立的原則,私人判斷,其中,從邏輯上的應用,取得了異端不可能的,早期的改革者接著對待異見人士,作為中世紀異端治療後已。 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. 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.

B. The Inquisition in Spain二,宗教裁判所,在西班牙

(1) Historical Facts ( 1 )歷史事實

Religious conditions similar to those in Southern France occasioned the establishment of the Inquisition in the neighboring Kingdom of Aragon.宗教狀況類似於那些在法國南部的情況,設立宗教裁判所,在鄰近王國阿拉貢。 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年國王詹姆斯一世曾禁止catharists了他的王國, 1228年已取締了兩個他們和他們的朋友。 A little later, on the advice of his confessor, Raymund of Pennafort, he asked Gregory IX to establish the Inquisition in Aragon.一點後,在聽取他的懺悔, raymund的彭納福特,他問格雷戈里九,建立宗教裁判所,在阿拉貢。 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.由牛市" , declinante果醬世界之" , 1232年5月26日,大主教esparrago和他的suffragans指示,要他們搜查,親自出席或爭取服務的多米尼加人或其他合適的代理商,並condignly懲罰異教徒在他們的教區。 At the Council of Lérida in 1237 the Inquisition was formally confided to the Dominicans and the Franciscans.在安理會的萊裡達,在1237名宗教裁判所正式confided向多米尼加和濟。 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.在主教的tarragona在1242 , raymund的彭納福特界定條款haereticus ,受體, fautor ,捍衛等,並概述了應受的懲罰造成的。 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.雖然該條例對無辜四,市區四,六克萊門特還通過並執行槍決從嚴治黨由多米尼加秩序,沒有斐然造成的。 The Inquisitor Fray Pence de Planes was poisoned, and Bernardo Travasser earned the crown of martyrdom at the hands of the heretics.該打破砂鍋被捲入旋渦辨士德飛機是被毒死的,和貝爾納travasser贏得冠殉難在手中的異端。 Aragon's best-known inquisitor is the Dominican Nicolas Eymeric (Quétif-Echard, "Scriptores Ord. Pr.", I, 709 sqq.).阿拉貢最有名的砂鍋是多米尼加尼古拉eymeric ( quétif -埃沙爾, " scriptores霍德。公關" ,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 " (寫在阿拉貢第1376印刷在1587年羅馬,威尼斯, 1595年和1607年)的基礎上, 44年經驗,是一個原始來源及文件的最高歷史價值。

The Spanish Inquisition, however, properly begins with the reign of Ferdinand the Catholic and Isabella.西班牙的宗教裁判所,但是,妥善開始與統治費迪南德天主教和伊莎貝拉。 The Catholic faith was then endangered by pseudo-converts from Judaism (Marranos) and Mohammedanism (Moriscos).天主教當時瀕危偽轉換,從猶太教( marranos )和mohammedanism (摩利斯科人) 。 On 1 November, 1478, Sixtus IV empowered the Catholic sovereigns to set up the Inquisition.於1478年11月1日, Sixtus的四有權天主教主權國設立宗教裁判所。 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.法官們必須至少40歲,無可指責的名聲,為尊敬的美德和智慧,當家作主的神學,或醫生或執照的教會法,他們一定要按照慣常的教會規則和規例。 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.於1480年9月17日,他們的天主教陛下委任的,在第一次為塞維利亞兩個多米尼加人米格爾德morillo和胡安德聖馬丁監獄,其中的兩項是世俗教士助理。

Before long complaints of grievous abuses reached Rome, and were only too well founded.曾幾何時投訴的侵犯他人達成羅馬,並只太有道理的。 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.在一份簡短的Sixtus的第四1482年1月29日,他們被指責過,一經所稱的權威教宗內褲,不公正的監禁,許多人,他們受到殘酷折磨,宣稱他們假信徒,並扣押的財產被處決。 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.他們倆的第一次告誡行事,只有在與主教,並最後被恐嚇與沉積,並確實已被廢黜已不是他們的陛下交錯給他們。

Fray Tomás Torquemada (b. at Valladolid in 1420, d. at Avila, 16 September, 1498) was the true organizer of the Spanish Inquisition.被捲入旋渦托馬斯torquemada (乙在巴利亞多利德在1420 , D.在阿維拉, 1498年9月16日)是真正的組織者之一,西班牙宗教裁判所。 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.在徵求他們的西班牙語陛下( paramo ,二,鐵二,丙,三, 12月31日9 ) Sixtus的四賜予torquemada廳隆重砂鍋,該機構在其中表明,決定提前在發展的西班牙宗教裁判所。 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).無辜八核准的行為,他的前任,並根據日期1486年2月11日和1487年2月6日, torquemada獲得尊嚴的大砂鍋,為王國卡斯蒂利亞,萊昂,阿拉貢,巴倫西亞等機構迅速分枝,從塞維利亞以科爾多瓦jaén , villareal ,托萊多,約1538年有19個法院,其中3人隨後補充說,在西班牙語美洲(墨西哥,利馬,並卡塔赫納) 。 Attempts at introducing it into Italy failed, and the efforts to establish it in the Netherlands entailed disastrous consequences for the mother country.嘗試引入到意大利的失敗,並努力建立它在荷蘭引起災難性的後果,為母國。 In Spain, however, it remained operative into the nineteenth century.在西班牙,但是,它仍然是執行到十九世紀。 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.最初叫成五反秘密猶太教和伊斯蘭教的秘密,它以擊退新教在十六世紀,但未能驅逐法國理性主義和不道德的第十八。 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.國王約瑟夫波拿巴廢止了,它在1808年,但它被重新由費迪南七,在1814年和批准,由比約七,對某些條件,其中包括廢除酷刑。 It was definitely abolished by the Revolution of 1820.它絕對是廢除了革命的1820年。

(2) Organization ( 2 )組織

At the head of the Inquisition, known as the Holy Office, stood the grand inquisitor, nominated by the king and confirmed by the pope.在頭部的宗教裁判所,被稱為聖辦事處,經受住了大砂鍋,提名,由國王,並證實是由教宗。 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.憑藉其教皇全權證書,他所享有的權力轉授其權力向其他合適的人,並接受申訴,由所有西班牙法院。 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.他借助一個高會( consejo最高)委員會的5名成員-即所謂的使徒監獄,兩名秘書,兩個r elatores,一a dvocatusf iscalis-和幾個諮詢者和q u alificators。 The officials of the supreme tribunal were appointed by the grand inquisitor after consultation with the king.該官員的最高法庭任命了由大砂鍋協商後,與國王。 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.前者也可以自由指定,轉讓,該撤職的辦公室,請訪問,並考察或致電向所有監獄和官員的下級法院。 Philip III, on 16 December, 1618, gave the Dominicans the privilege of having one of their order permanently a member of the Consejo Supremo.弘三,對1618年12月16日,給多米尼加人的特權之一,他們為了永久的成員之一, consejo最高。 All power was really concentrated in this supreme tribunal.一切權力,是真正集中精力在這個最高法庭。 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.它決定一些重要的或有爭議的問題,並聽取了上訴,未經其批准,沒有牧師,騎士,或崇高的,可被監禁,並沒有自動大菲舉行;一份年度報告,是向它提出的關於整個宗教裁判所,並每月舉行一次一份財務報告。 Everyone was subject to it, not excepting priests, bishops, or even the sovereign.每個人都受它,而不是除神父,主教,甚至主權。 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.西班牙的宗教裁判所,是區別於中世紀其君權憲法和更大相應集中,也由恆和法律上提供了供的影響,官方對所有正式任用和審判進程。

(3) Procedure (三)程序

The procedure, on the other hand, was substantially the same as that already described.程序,但另一方面,是大致相同的,因為這已經敘述。 Here, too, a "term of grace" of thirty to forty days was invariably granted, and was often prolonged.這裡也是一樣, "任期恩典"的三十至四十天,總是理所當然的,並往往是長時間的。 Imprisonment resulted only when unanimity had been arrived at, or the offence had been proved.入獄導致只有當一致已抵達,或罪行已得到證實。 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.考試的,被告將可能發生的,只有在存在兩個立場超然的神職人員,他們的義務,這是制約任意行事,他們的存在議定書已被讀出兩次向被告。 The defence lay always in the hands of a lawyer.辯方奠定永遠掌握在了一名律師。 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).目擊者稱,雖然未知向被告人,分別宣誓就職的,也是非常嚴厲的懲罰,甚至死刑,期待已久的虛假證人, (參見簡短的利奧第十1518年12月14日) 。 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.酷刑是只適用於過於頻繁和過於難聽,但絕對不是多了殘酷的,比查爾斯五世的司法系統酷刑在德國。

(4) Historical Analysis ( 4 )歷史分析

The Spanish Inquisition deserves neither the exaggerated praise nor the equally exaggerated vilification often bestowed on it.西班牙的宗教裁判所,值得既不誇大,讚美,也沒有同樣誇大中傷常常賜予的。 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.受害者的人數無法計算,甚至近似精度;得多中傷汽車達-菲人在現實中,但一個宗教慶典活動( actus信) ;聖貝尼托對口類似garbs別處;殘酷的聖彼得arbues向誰不是一個單一判處死刑可追溯到確定性,屬於該領域的寓言。 However, the predominant ecclesiastical nature of the institution can hardly be doubted.不過,最主要的教會機構的性質也難以受到懷疑。 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.羅馬教廷認可的機構,給予了隆重的砂鍋典型安裝和條文司法權威的有關事項的信仰,而從大砂鍋管轄範圍內流傳附屬法庭由他控制下的。 Joseph de Maistre introduced the thesis that the Spanish Inquisition was mostly a civil tribunal; formerly, however, theologians never questioned its ecclesiastical nature.約瑟夫德maistre介紹了該論文說,西班牙宗教裁判所,大部分民事法庭;前身,不過,神學家從來沒有懷疑過它的宗教性質。 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.只有這樣,而事實上,才能解釋如何教皇始終承認上訴,由它向羅馬教廷,呼籲以自己的整個審判,並表示,在訴訟的任何階段,豁免整個班級的信徒擺脫其管轄範圍內,因此在立法,廢黜大監獄,等等。 (See TOMÁS DE TORQUEMADA.) (見托馬斯德torquemada ) 。

C. The Holy Office at Rome三聖地辦公室在羅馬

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.偉大叛教的十六世紀,過濾成異端天主教土地,但進展的非正統教義無處不在,促使保羅三,樹立"以骶congregatio romanae等universalis inquisitionis您sancti officii "憲法" licet從頭" 1542年7月21日。 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.這inquisitional法庭,組成6個樞機主教,是為了在一旦最終上訴法院審理,涉及信仰,以及一審法院對案件預留給教宗。 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.歷屆教皇-特別是比約四(由憲法" p astoraliso ficii" , 1 562年1 0月1 4日, " r omanus日B ishop" , 1 563年4月7日" ,暨每號"的1 564, "暨跨c rimina" , 1 562年8月2 7日)和比約五(通過一項法令,第1566 ,憲法的"跨multiplices " , 1566年12月21日,與"暨felicis備案"的1566 ) -作出了進一步規定程序和權限的這個法庭。 By his Constitution "Immensa aeterni" of 23 January, 1587, Sixtus V became the real organizer, or rather reorganizer of this congregation.他的憲法" , immensa aeterni " , 1587年1月23日, Sixtus的v ,成為真正的組織者,或者更確切地說, reorganizer此聚集。

The Holy Office is first among the Roman congregations.聖辦公室是第一位羅馬教會。 Its personnel includes judges, officials, consultors, and qualificators.其工作人員包括法官,官員, consultors , 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.真正的法官是樞機主教提名的教宗,其原號碼的6個是由比約四到八個,由Sixtus的V至13個。 Their actual number depends on the reigning pope (Benedict XIV, Constitution "Sollicita et Provida", 1733).其實際人數取決於對執政教宗(本篤十四,憲法" , 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).這個教區的不同於別人的,因為它沒有紅衣主教專區:教宗主持總是在人的時候,重大的決定都將宣布( coram 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.莊嚴全會週四總是之前舉行了一個會議的樞機主教們每週三,在教堂Santa Maria sopra MINERVA項目,並舉行了consultors於星期一在宮殿的聖地。 The highest official is the commissarius sancti oficii, a Dominican of the Lombard province, to whom two coadjutors are given from the same order.最高官員是commissarius sancti oficii ,多米尼加的倫巴第省,其中兩人coadjutors是由於來自同一秩序。 He acts as the proper judge throughout the whole case until the plenary session exclusive, thus conducting it up to the verdict.他的行為為正當法官在整個案件直到這次全會具有排他性,因此,進行了以判決。 The assessor sancti officii, always one of the secular clergy, presides at the plenary sessions.評稅主任sancti officii ,總是一個世俗教士,在主持了全體會議。 The promotor fiscalis is at once prosecutor and fiscal representative, while the advocatus reorum undertakes the defence of the accused.該啟動fiscalis是在一次檢察官和財政代表,而advocatus reorum承諾被告辯護的。 The duty of the consultors is to afford the cardinals expert advice.當值的consultors是付不起的紅衣主教專家的意見。 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).他們可能來自世俗教士或宗教命令,但總的多米尼加人, magister sacri palatii ,三分之一的成員之一,同時,為了永遠是當然成員consultors ( consultores nati ) 。 The qualificators are appointed for life, but give their opinions only when called upon.該qualificators終身任職,但給予他們的意見,只有當呼籲。 The Holy Office has jurisdiction over all Christians and, according to Pius IV, even over cardinals.聖辦公室有管轄權的所有基督徒,而根據比約四,甚至超過紅衣主教。 In practice, however, the latter are held exempt.然而在實踐中,後者則是舉行豁免。 For its authority, see the aforesaid Constitution of Sixtus V "Immensa aeterni" (see ROMAN CONGREGATIONS).對於它的權威,看到了上述憲法Sixtus的V "形immensa aeterni " (見羅馬教會) 。

Publication information Written by Joseph Blötzer.出版信息寫的約瑟夫blötzer 。 Transcribed by Matt Dean.轉錄的,由馬特院長。 The Catholic Encyclopedia, Volume VIII.天主教百科全書,音量八。 Published 1910. 1910年出版。 New York: Robert Appleton Company.紐約:羅伯特Appleton還公司。 Nihil Obstat, October 1, 1910. nihil obstat , 1910年10月1日。 Remy Lafort, STD, Censor.人頭馬lafort ,性病,檢查員。 Imprimatur. imprimatur 。 +John Cardinal Farley, Archbishop of New York +約翰farley樞機主教,大主教紐約

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