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Inquisition.

siderable trade, especially in brewing, distilling, and the manufacture of machinery; and has a pop. of, '75, 9,139.

IN PARTIBUS INFIDELIUM (Lat., "in the regions of the unbelievers "). Titular bishops in the church of Rome have been styled bishops in partibus infidelium since the 13th century. They are actual bishops, who have no diocese, and take their titles from places where there is now no bishop's see, but where there once was. This practice originated after the Greek schism, and became general in the time of the Crusades. The places conquered by the crusaders in the east were furnished with Roman Catholic bishops; but when these conquests were again lost, the popes continued to appoint and consecrate the bishops, as a continual protest against the power which had prevailed over their alleged right, and to signify their hope of restitution. The same policy has been pursued with regard to Protestant countries. But in Britain the assumption of territorial titles being illegal and dangerous, the Roman Catholic bishops actually resident have usually borne titles derived from distant places. Thus, till 1878, the bishop in Edinburgh was styled bishop of Abila. The Roman Catholic bishops in England were similarly designated from places abroad until 1850, when their assumption of titles from their actual sees gave prodigious offense to the church of England, and led to the passing of the ecclesiastical titles bill, which, however, remained a dead letter, and was repealed in 1871.

IN PERSONAM. See IN REM.

INQUEST. See CORONER.

INQUEST OF OFFICE, a process to put the king or the state in possession of escheated lands or tenements, goods or chattels. The case must be tried by a jury, not of any particular number of persons; it may be twelve, or more or less than that number, as may happen to be convenient. In this country the process is resorted to when real property is to be forfeited to the state for want of heirs. In states where aliens, by the operation of the common law, are not allowed to hold real estate, an inquest of office would be applicable to vest in the state the title to lands in their possession.

INQUISITION, in English law, is the return or report made by a sheriff or coroner as • to the finding of a jury on matters inquired into.

INQUISITION, THE, called also the HOLY OFFICE, a tribunal in the Roman Catholic church for the discovery, repression, and punishment of heresy, unbelief, and other offenses against religion. From the very first establishment of Christianity as the religion of the Roman empire, laws, more or less severe, existed as in most of the ancient religions, for the repression and punishment of dissent from the national creed; and the emperors Theodosius and Justinian appointed officials called "inquisitors," whose special duty it was to discover and to prosecute before the civil tribunals offenses of this class. The ecclesiastical cognizance of heresy, and its punishment by spiritual censures, belonged to the bishop or the episcopal synod; but no special machinery for the purpose was devised until the spread, in the 11th and 12th centuries, of certain sects reputed dangerous alike to the state and to the church-the Cathari, Waldenses, and Albigenses-excited the alarm of the civil as well as of the ecclesiastical authorities. In the then condition of the public mind, however differently it is now constituted, heresy was regarded as a crime against the state, no less than against the church. An extraordinary commission was sent by pope Innocent III. into the s. of France to aid the local authorities in checking the spread of the Albigensian heresy. The fourth Lateran council (1215) earnestly impressed, both on bishops and magistrates, the necessity of increased vigilance against heresy; and a council held at Toulouse directed that in each parish the priest, and two or three laymen of good repute, should be appointed to examine and report to the bishop all such offenses discovered within the district.

So far, however, there was no permanent court distinct from those of the bishops; but under Innocent IV., in 1248, a special tribunal for the purpose was instituted, the chief direction of which was vested in the then recently established Dominican order. The inquisition thus constituted became a general, instead of, as previously, a local tribunal; and it was introduced in succession into Italy, Spain, Germany, and the southern provinces of France. So long, moreover, as this constitution remained, it must be regarded as a strictly papal tribunal. Accordingly, over the French and German inquisition of the following century the popes exercised full authority, receiving appeals against the rigor of local tribunals (Fleury, v. 266), and censuring, or even depriving," the inquisitor for undue severity (ibid. 303). In France, the inquisition was discontinued under Philip the handsome; and though an attempt was made under Henry II. to revivo it against the Huguenots, the effort was unsuccessful. In Germany, on the appearance of the Beghards (see BEGUINES), in the beginning of the 14th c., the inquisition came into active operation, and inquisitors for Germany were named at intervals by various popes, as Urban V., Gregory XI., Boniface IX.. Innocent VIII., down to the reformation, when it fell into disuse. In England, it was never received, all the proceedings against heresy being reserved to the ordinary tribunals. In Poland, though established in 1327, it had but a brief existence. The history of the times of its introduction and of its discontinuance in the various states of Italy, would carry us beyond the limits at our command.

Inquisition.

It is the history of the inquisition as it existed in Spain, Portugal, and their dependencies, that has absorbed almost entirely the real interest of this painful subject. As an ordinary tribunal similar to those of other countries, it had existed in Spain from au early period. Its functions, however, in these times were little more than nomina!; but early in the reign of Ferdinand and Isabella, in consequence of the alarms created by the alleged discovery of a plot among the Jews and the Jewish converts-who had been required either to emigrate or to conform to Christianity-to overthrow the government, an application was made to the pope, Sixtus IV., to permit its reorganization (1478); but in reviving the tribunal, the crown assumed to itself the right of appointing the inquisitors, and, in truth, of controlling the entire action of the tribunal. From this date forwards, Catholic writers regard the Spanish inquisition as a state tribunal, a character which is recognized by Ranke, Guizot, Leo, and even the great anti-papal authority, Llorente; and in dissociating the church generally, and the Roman see itself, from that state tribunal. Catholics refer to the bulls of the pope, Sixtus IV., protesting against it. Notwithstanding this protest, however, the Spanish crown maintained its assumption. Inquisitors were appointed, and in 1483 the tribunal commenced its terrible career, under Thomas de Torquemada. The popes, feeling their protest unsuccessful, were compelled, from considerations of prudence, to tolerate what they were powerless to suppress; but several papal enactments are enumerated by Catholics, the object of which was to control the arbitrary action of the tribunal, and to mitigate the rigor and injustice of its proceedings.. Unhappily, these measures were ineffective to control the fanatical activity of the local judges. The number of victims, as stated by Llorente, the popular historian of the inquisition, is positively appalling. He affirms that during the 16 years of Torquemada's tenure of office, nearly 9,000 were condemned to the flames. The second head of the inquisition, Diego Deza, in eight years, according to the same writer, put above 1600 to a similar death; and so for the other successive inquisitors-general. But Catholics loudly protest against the credibility of these fearful allegations. It is impossible not to see that Llorente was a violent partisan; and it is alleged that in his work on the Basque Provinces, he had already proved himself a venal and unscrupulous fabricator. Although, therefore, he has made it impossible to disprove his accuracy by appealing to the original papers, which he himself destroyed, yet his Catholic critics-as Hefele in his Life of Cardinal Ximenes--have produced from his own work many examples of contradictory and exaggerated statements; Prescott, in his Ferdinand and Isabella (iii. 467-470), has pointed out many similar instances; Ranke does not hesitate (Fürsten und Völker der Süd. Europas, i. 242) to impeach his honesty; and Prescott pronounces his "computations greatly exaggerated," and his "estimates most improbable" (iii. 468). Still, with all the deductions which it is possible to make, the working of the inquisition in Spain and in its dependencies even in the new world, involves an amount of cruelty which it is impossible to contemplate without horror. When it was attempted to introduce it into Naples, pope Paul III., in 1546, exhorted the Neapolitans to resist its introduction, "because it was excessively severe, and refused to moderate its rigor by the example of the Roman tribunal" (Llorente, ii. 147). Pius IV., in 1563, addressed a similar exhortation on the same ground to the Milanese (ibid. ii. 237); and even the most bigoted Catholics unanimously confess and repudiate the barbarities which dishonored religion by assuming its semblance and its name.

The procedure of the inquisition deserves a brief notice. The party, if suspected of heresy, or denounced as guilty, was liable to be arrested and detained in prison, only to be brought to trial when it might seem fit to his judges. The proceedings were conducted secretly. He was not confronted with his accusers, nor were their names even then made known to him. The evidence of an accomplice was admissible, and the accused himself was liable to be put to the torture, in order to extort a confession of his guilt. The punishments to which, if found guilty, he was liable, were death by fire, as exemplified in the terrible Auto da Fé (q.v.), or on the scaffold, imprisonment in the galleys for life or for a limited period, forfeiture of property, civil infamy, and in minor cases, retractation and public penance. This form of procedure is strangely at variante with modern ideas; but it is fair to recollect that some of the usages were but the ordinary procedures in all the courts of the age, whether civil or ecclesiastical.

The rigor of the Spanish inquisition abated in the latter part of the 17th century. In the reign of Charles III., it was forbidden to punish capitally without the royal warrant; and in 1770 the royal authority was required as a condition even for an arrest. From 1808, under king Joseph Bonaparte, the inquisition was suppressed until the restoration: it was again suppressed on the establishment of the constitution in 1820; but it was partially restored in 1825; nor was it till 1834 and 1835 that it was finally abolished in Spain, its property being applied to the liquidation of the national debt. The inquisition was established in Portugal in 1557, and its jurisdiction was extended to the Portuguese colonies in India. The rigor of its processes, however, was much mitigated in the 18th c.. and under John VI. it fell altogether into disuse.

The inquisition in Rome and the papal states never ceased. from the time of its establishment, to exercise a severe and watchful control over heresy, or the suspicion of heresy, which offense was punished by imprisonment and civil disabilities; but of capital sentences for heresy, the history of the Roman inquisition presents few instances, and, according to Balmez (On Civilization, p. 153), that tribunal has never been known

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Inquisition.

to order the exccution of a capital sentence" for the crime of heresy. The tribunal still exists under the direction of a congregation, but its action is confined to the examination of books and the trial of ecclesiastical offenses, and questions of church law, as in the recent case of the boy Mortara; and its most remarkable prisoner in recent times was an oriental impostor, who, by means of forged credentials, succeeded in obtaining his ordination as a bishop.-See Llorente's Istoria Critica de la Inquisicion; Prescott's Ferdinand and Isabella; Hefele's Der Cardinal Ximenes; eine Biographie; Balmez, Catholicism and Protestantism compared in Relation to Civilization.

INQUISITION (ante). The first Christian emperors, following the example of their predecessors in regarding themselves as legal masters of all things within the empire, assumed the control of theological opinion and the punishment of errors therein. CoConstantius, 335, stantine banished Arius, after his condemnation by the council of Nicæa, and ordered He afterwards banished Athanasius. his books to be burned. inflicted the same punishment on Hosius of Cordova because he refused to condemn Athanasius. Theodosius, having resolved to exterminate Arianism, compelled the archbishop of Constantinople to resign, directed his lieutenant to expel by force of arms all the Arian clergy from the churches, issued many edicts against all heretics, and was the first of the Christian emperors to inflict the penalty of death on a Christian because of heretical opinions. In the 8th c. synodal courts increased the facilities for detecting and punishing heresy.

The inquisition in FRANCE. In the latter part of the 12th c. various sects called heretical, such as the Cathari, Albigenses, and Waldenses, had increased so much, especially in the s. of France, that very vigorous measures to destroy them were deenied necessary. Papal legates, accordingly, were sent to assist in the work; and from that time the inquisition became a permanent institution. The work of seeking out and punishing heresy was systematically pursued. Two or three persons in each parish, and, if necessary, all the inhabitants, were made sworn agents in discovering those who were heretical, who held secret meetings, or forsook, in any particular, the prescribed course. They who refused to take the oath exposed themselves to the suspicion of heresy. Bishops who were not zealous in searching out the heretical were deprived of office; and, whether zealous or not, they were under the supervision of the legates, who in fact controlled the work. The commission, which the council of Toulouse required to be appointed in each parish, was to be employed exclusively in searching out heretics and in reporting them for trial and punishment. He who concealed the guilty forfeited his offices and lands. The house which sheltered them was to be destroyed. If they were sick, no physician was allowed to visit them. The penitent among them, clad in à peculiar garb, were driven from their homes, and, unless specially favored by the pope, were deprived of all office. But as, notwithstanding all these measures, heresy still prevailed, the inquisition was made a papal tribunal to which the bishops themselves were subjected and over which the monks of the Dominican order were appointed the permanent head. Their eagerness in the work son gave popular currency to a satirical change of their name into Domini canes (the dogs of the Lord). The civil authority was made the executioner of the judgments which they pronounced. Persons who were even suspected of heresy were liable to imprisonment, accomplices and criminals were received as witnesses, the accused never saw his accusers nor was told who they were. Torture for compelling confession was at first allowed to be used only under the authority of the civil power; but afterwards, in order to maintain secrecy, the inquisitors themselves applied it at their pleasure. The jurisdiction and also the emoluments of the tribunal were enlarged by extending the meaning of the word heresy so as to include usury, fortune telling, insult to the cross, contempt of the clergy, and connec tion with leprous persons, Jews, and demons, demonolatry, and witchcraft. Those who recanted were condemned to practice penance of the severest kind, and were often deprived of all their privileges, rights, and property. Those who barely escaped conviction were imprisoned for life; and the obstinate and the relapsed were put to death In 1252 Innocent IV. commanded that accused per at the stake by the secular arm. sons should be tortured not only to make them confess their own heresy, but also to reveal that of others.

In GERMANY the first inquisitor was Conrad of Marburg, who administered the office
with great severity (1231-33). The sentences of death which he pronounced were all
approved by the emperor, Ferdinand II., but were so vigorously opposed by the nobil-
ity and people that very few of them could be executed. In 1233 the lower orders of
people, taking the law into their own hands, attacked and killed Conrad in the streets
of Strasburg. When the Beghards appeared, 1367, Urban V. appointed two Dominicans
inquisitors, who, countenanced by the emperor, Charles IV., renewed in Germany the
cruelties practiced by their order in France. Afterwards the number of inquisitors was
As the reformatory influences increased,
increased to six for the n. of Germany alone.

the general work of the inquisition was diminished, but in the latter part of the 15th
c. a special zeal against sorcery and witchcraft was awakened, under the transient power
of which many persons were put to death. In the 16th c. the reformation overthrew
the tribunal, and all subsequent efforts to set it up again in Germany proved vain.

In ITALY the inquisition, partially introduced under the Dominicans in 1224, was

The

fully established by Gregory IX. in 1235. Its power was first directed chiefly against the Waldenses, who, having fled from the s. of France to Piedmont, were filling Italy with their doctrine. Afterwards it took in hand other heresies also; but it was greatly weakened by the schism in the papacy and by political agitations in the free states of Italy. About the middle of the 14th c., notwithstanding the opposition and the censures of Clement VI., measures were generally adopted to restrain its exorbitant power. The inquisitors were compelled to associate the bishops with them in examining accused persons; they were restricted to the cognizance of heresy alone, and the power of imprisonment, confiscation, fine, and corporal punishment was remanded to the secular arm. But such procedure having proved insufficient for suppressing free inquiry and maintaining the authority of the church, Paul III. instituted a supreme and universal inquisition at Rome, consisting of six cardinals, and having authority on both sides of the Alps to try all causes of heresy, with the power of arresting and imprisoning suspected persons and their abettors, of whatsoever estate, rank, or order. The grace of reconciliation and absolution the pope retained in his own hands. He assumed also the authority of the judge, and arrogated the power of life and death even over the subjects of the different governments of the world. These cardinal inquisitors soon made themselves feared in Italy and all countries over which they had influence. In Rome they executed their victims with less publicity but more frequency than the Spanish inquisitors. They were tyrannical also in their treatment of the press. Some books they destroyed, others they disfigured, and all printers they restrained from doing any work without a license from them. Opposition to them, however, everywhere arose. republic of Venice, refusing to receive a tribunal responsible only to the pope, insisted that with his officers a certain number of Venetian magistrates and lawyers should always be joined, and that the final sentence concerning lay persons should be submitted to the senate before it was announced. The Neapolitans at the beginning of the 16th c. had twice resisted successfully the establishment of the inquisition among them. In 1546 the emperor, Charles V., renewed the attempt to introduce it into Naples, and according to the Spanish model. But the people, rising in arms against it, refused to receive anything more than a tribunal of limited powers similar to that of Venice. In Sicily, Spain supplied an inquisitor; and after the tribunal had been for a time abolished, it was restored in 1782, and was retained until 1808, when Napoleon, as king of Italy, abolished it. In Sardinia, having been restored by Gregory XVI. in 1833, it continued until the revolution of 1848. In Tuscany three commissioners, elected by the congregation at Rome, in concert with the local inquisitor, handed over their sentence to the duke, who was bound to execute it. In addition to this provision the "holy office" exerted its influence with the local authorities to send accused persons, especially ecclesiastics and strangers, to be tried at Rome. Since the abrogation of the pope's teniporal power the tribunal still exists at Rome, but its public action is greatly restrained. SPAIN. The inquisition was commenced, 1242, in Aragon, where the council of Tarragona gave instructions to the Dominicans. During the 13th and 14th centuries its power was directed fiercely against the Albigenses, who were numerous in that part of Spain. St. Ferdinand sometimes threw the fagots on the pile, and John II. hunted the heretics of Biscay as wild beasts among the mountains. By the middle of the 15th c., when the heresy of the Albigenses had been almost extirpated, new material for the inquisition was found among the Jews, many of whom, having professed conversion to Christianity, were suspected of being still unbelievers. After the union of Aragon and Castile the inquisition was reorganized in a more malignant form with the zealous approval of Ferdinand and the reluctant assent of Isabella. The first three general inquisitors, Torquemada, Desa, and Ximenes, made their names infamous by cruelties which, after all the deductions which can possibly be claimed, appear improbable and almost incredible, simply because of the multitude of the victims, and of the horrible sufferings to which they were doomed.

In PORTUGAL the efforts made to establish the inquisition failed almost entirely until after the union with Spain. It was then, under Spanish influence, introduced, yet not without difficulty, and only as a tribunal of the crown. The pope protested against this independent feature of it, but was compelled to tolerate what he could not prevent, and to be satisfied with a share in the proceedings and of the pecuniary gains. The highest tribunal was at Madrid, and the grand inquisitor was appoined by the king, subject nominally to approval by the pope. When Portugal became again an independent kingdom, Jolin IV. endeavored to abolish the inquisition, but was prevented by the opposition of the Jesuits and priests. In the 18th c. Pedro II. succeeded in imposing restraints on the tribunal; in the next reign, the Jesuits having been expelled, its power was still further diminished; and under John VI. it was abolished, and the record of its proceedings burned.

Into the NETHERLANDS the inquisition was introduced in the 13th c., and exerted its authority severely. Under Spanish influence it was especially active during the reformation. In 1521 Charles V. published at Worms an edict against heretics, and appointed two inquisitors for the Netherlands, who, entering immediately on their work, were greatly aided by the regent, Margaret of Austria, and Granvella, bishop of Arras. Nevertheless, the reformation spread, and Charles, bent on destroying it, commanded the inquisition to be reorganized after the Spanish model. This command he after

Insanity.

wards modified in consequence of the courageous representations of the new regent, Maria, queen of Hungary. Still the tribunal was very active, and great numbers of persons were condemned and put to death. Under Philip II. new cruelties were inflicted which, instead of extinguishing heresy, added new intenseness to popular fury. Several cities immediately united in demanding the abolition of the tribunal; others joined them, and in 1556 a league of the nobility was formed which, in loyal but earnest terms, renewed the request. This was for a time granted; but soon the duke of Alva was sent to the Netherlands with unrestricted powers; and cruelties, hitherto unknown, were inflicted on the suspected and the rich. In 1568, by a sentence of the holy office" all the inhabitants of the Netherlands were condemned to death as heretics. "From this universal doom only a few persons, specially named, were excepted. A proclamation of the king, dated ten days later, confirmed this decree and ordered its instant exe cution. Three millions of people-men, women, and children-were sentenced to the scaffold in three lines" (Motley, Rise of the Dutch Republic, ii. 155.). Even this did not destroy the reformation; but after the provinces had been de-olated and almost depopulated by emigration and death, their independence was secured, and the inquisition driven from the land.

In MEXICO, SOUTH AMERICA, and INDIA the inquisition was established by Portugal and Spain. Under John VII. of Portugal it was abolished in India and Brazil.

IN REM, a legal phrase designating an action against the thing, in contradistinction to proceedings in personam, or against the person. In admiralty practice such actions are common. They are brought for the enforcement of maritime liens against a vessel or cargo for the recovery of salvage, to procure the forfeiture of property, for a violation of the revenue laws, or to obtain possession of a prize in time of war. The action is solely against the property, taking no account of the owner or person in possession. The property, whatever it may be, is treated as if it were the defendant. If it be a vessel of that name, the title of the action will be "The United States vs. the ship Parthian." The same form of action is used to determine the legal status of a party before a court in respect to marriage, divorce, or other personal relations. Decrees in actions in rem, in whatever country they may have been made by a court of competent jurisdiction, are generally respected by the courts of other countries.

INSANITY means all unhealthiness of mind. This consists, according to one opinion, in such disorganization or degeneration of the nervous structure as to render the exercise of reason impossible; according to another, it cousists in disorder of the reason itself; and according to a third, in perversion or destruction of the soul, or the moral part of our nature. The prevailing view of physiologists is, that insanity is a symptom or expression, manifested through the functions of the nervous system, of physical disease. The legal term, lunacy, represents only those deviations from that standard of mental soundness which is universally recognized, although difficult of definition, in which the person, the property, or the civil rights may be interfered with. These deviations are, briefly, where the incapacity, or violence, or irregularities of the individual are such as to threaten danger to himself or others, and to unfit him for his ordinary business and duties. Insanity is more comprehensive, and includes all states of the feelings and passions, as well as of the understanding, which are inconsistent with the original and ordinary character and habits of the individual, and with his relations to the family or community of which he is a member. It has been stated broadly, that if a man be deprived of the enjoyment of his religious rights by exclusion from membership of the church to which he belongs; of his civil rights in giving evidence in a court of justice or on oath; and of his personal rights in the management of his property and affairs, he may be regarded as insane; but more correct views of the human mind have led to the belief, that many degrees of feebleness of the faculties, many forms of eccentricity and extravagance, and many defects in the will and moral sentiments, which were formerly regarded as crime and wickedness, but which do not involve such deprivation, may be classed under the same designation. Very recently, the interpretation of insanity has been greatly widened, and now includes various degrees of moral perversion, morbid habits, and sudden impulses, such as dipsomania and homicidal mania. The great divisions of this class of diseases into mania. melancholia, and imbecility. remain popularly very much the same as they were 2,000 years ago. While this fact may indicate that such a classification has a foundation in nature, it has, unfortunately. tended to render the treatment, or rather the maltreatment, of the insane as stationary as the view of the diseases under which they labor. The following arrangement may serve to explain what insanity is, as well as what it appears to be.

AFFECTIONS OF THE INTELLECTUAL POWERS.-Idiocy, the non-development of one or more faculties. Imbecility, the imperfect development of one or more faculties Fatuity, or dementia, the deprivation by disease, or age, or otherwise, of powers which have been developed. Mania, with delusion, excitement, and irregular action of all, but especially of the intellectual powers; accompanied also by errors connected with the special senses.

AFFECTIONS OF THE SENTIMENTS.—Melancholia, exaltation of grief, penitence, and anxiety. Monomania of fear, exaltation of cautiousness. Monomania of pride, exalta-tion of self-esteem. Monomania of superstition, exaltation of the sense of devotion and

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