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Inquisition

System of tribunals enforcing Catholic orthodoxy

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  • 13 chapters
Inquisition
Joseph-Nicolas Robert-Fleury · Public domain

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Through Middle Ages and Reformation

Inquisitions also expanded to other European countries, resulting in the Spanish Inquisition and the Portuguese Inquisition. The Spanish and Portuguese inquisitions often focused on the New Christians or Conversos (former Jews who converted to Christianity to avoid antisemitic regulations and persecution), the Marranos (people who were forced to abandon Judaism against their will by violence and threats of expulsion), and on the Moriscos (Muslims who had been forced to convert to Catholicism), as a result of suspicions that they had secretly maintained or reverted to their previous religions, as well as the fear of possible rebellions, as had occurred in previous times (such as the First and Second Morisco Rebellions). Spain and Portugal also operated inquisitorial courts not only in Europe, but also throughout their empires: the Goa Inquisition, the Peruvian Inquisition, and the Mexican Inquisition, among others. Inquisitions conducted in the Papal States were known as the Roman Inquisition.

The scope of the inquisitions grew significantly in response to the Protestant Reformation and the Catholic Counter-Reformation. In 1542, a putative governing institution, the Supreme Sacred Congregation of the Roman and Universal Inquisition was created. With the exception of the Papal States, ecclessiastical inquisition courts were abolished in the early 19th century, after the Napoleonic Wars in Europe and the Spanish American wars of independence in the Americas. The papal institution survived as part of the Roman Curia, although it underwent a series of name and focus changes, now part of the Dicastery for the Doctrine of the Faith.

In the high medieval period, various forms of ad hoc or non-evidence-based trials occurred: trial by ordeal (trial by combat, trial by fire, trial by water, etc.), and compurgation (character witnesses), especially in teutonic cultures. In tenth and eleventh centuries, attempts were made to re-establish safer aspects of Roman and Hebrew law following the discovery of major ancient Roman legal texts. By the late tenth century, the new University of Bologna was training lawyers in Roman legal jurisprudence, and other universities followed. An inquisitorial procedure was adopted for capital crimes, first in ecclesiastical courts run by clergy as mandated by the Fourth Council of the Lateran (1215), and then progressively also in secular courts as well. Many countries still retain an inquisitorial legal system, as distinct from e.g., an adversarial or arbitrated one.

In the revived legal system, for capital crimes, circumstantial evidence was not enough to convict: the testimony of two or more witnesses was now necessary, which increased the necessity of obtaining a confession. This in turn promoted the uptake of threats and application of torture, akin to the "enhanced interrogation techniques" or the illegal third degree police techniques, to collaborate information for investigations for both secular and ecclesiastical courts.

Secular and ecclesiastical legal theorists of the Late Middle Ages developed a variety of rules concerning when torture was used, how much, what it was unsafe for, who was allowed to do it, what medical supervision was necessary, etc. Because it belonged to the investigation phase, it was frequently not documented outside the Inquisition. Historian Henry A. Kelly concludes that inquisition was "a brilliant and much-needed innovation in trial procedure, instituted by the greatest lawyer-pope of the Middle Ages" and that later "abusive practices" should be identified as a perversion of the original inquisitorial process.

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