death. The Emperor commanded his presidents,
judges, sheriffs, and all other judicial and executive
officers to render all “assistance to the inquisitors
and their familiars in their holy and pious inquisition,
whenever required so to do,” on pain of being
punished as encouragers of heresy, that is to say,
with death. Whenever the inquisitors should be
satisfied as to the heresy of any individual, they
were to order his arrest and detention by the judge
of the place, or by others arbitrarily to be selected
by them. The judges or persons thus chosen, were
enjoined to fulfil the order, on pain of being punished
as protectors of heresy, that is to say, with death,
by sword or fire. If the prisoner were an ecclesiastic,
the inquisitor was to deal summarily with the case
“without noise or form in the process—selecting
an imperial councillor to render the sentence of absolution
or condemnation.” If the prisoner were
a lay person, the inquisitor was to order his punishment,
according to the edicts, by the council of the province.
In case of lay persons suspected but not convicted
of heresy, the inquisitor was to proceed to their
chastisement, “with the advice of a counsellor
or some other expert.” In conclusion, the
Emperor ordered the “inquisitors to make it
known that they were not doing their own work, but
that of Christ, and to persuade all persons of this
fact.” This clause of their instructions
seemed difficult of accomplishment, for no reasonable
person could doubt that Christ, had he re-appeared
in human form, would have been instantly crucified
again, or burned alive in any place within the dominions
of Charles or Philip. The blasphemy with which
the name of Jesus was used by such men to sanctify
all these nameless horrors, is certainly not the least
of their crimes.
In addition to these instructions, a special edict
had been issued on the 26th April, 1550, according
to which all judicial officers, at the requisition
of the inquisitors, were to render them all assistance
in the execution of their office, by arresting and
detaining all persons suspected of heresy, according
to the instructions issued to said inquisitors; and
this, notwithstanding any privileges or charters to
the contrary. In short, the inquisitors were
not subject to the civil authority, but the civil
authority to them. The imperial edict empowered
them “to chastise, degrade, denounce, and deliver
over heretics to the secular judges for punishment;
to make use of gaols, and to make arrests, without
ordinary warrant, but merely with notice given to a
single counselor, who was obliged to give sentence
according to their desire, without application to
the ordinary judge.”