INQUISITION.
In the civil and canon law, inquisition implies a manner of proceeding for the discovery of some crime by the sole office of the judge, in the way of search, examination, or even torture. It is also used in common law for a like process in the king’s behalf, for the discovery of lands, profits, and the like; in which sense it is often confounded with the office of the
Which denotes an ecclesiastical jurisdiction established in Spain, Portugal, and Italy, for the trial and examination of such persons as are suspected to entertain any religious opinions contrary to those professed in the church of Rome. It is calledinquisitionbecause the judges of their office take cognizances of crime or common report, without any legal evidence, except what they themselves fish out.
Some people fancy they see the original inquisition, in a constitution made by Pope Lucius, at the council of Verona, in 1184, where he orders the bishops to get information, either by themselves or by their commissaries, of all such persons as were suspected of heresy; and distinguishes the several degrees of suspected, convicted, penitent, relapsed, &c. However this may be, it is generally allowed, that Pope Innocent III., laid the first foundation of theholy office; and that the Vaudois and Albigenses were what gave the occasionto it. The pontiff sent several priests, with St. Dominic at their head, to Tholouse, in order to blow up a spirit of zeal and persecution amongst the prelates and princes. These missionaries were to give an account of the number of heretics in those parts, and the behaviour of the princes and persons in authority to them; and thence they acquired the names of inquisitors: but these original inquisitors had not any court, or any authority; they were only a kind of spiritual spies, who were to make report of their discoveries to the Pope.
The Emperor Frederick II. at the beginning of the 13th century, extended their power very considerably: he committed the taking cognizances of the crime of heresy, to a set of ecclesiastical judges; and as fire was the punishment decreed to the obstinate, the inquisitors determined indirectly, with regard both to the persons and the crimes; by which means the laity was cut off from its own jurisdiction, and abandoned to the devout madness and zeal of the ecclesiastics.
After the death of Frederick, who had long before repented the power he had given the churchmen, as having seen some of the fruits of it; Pope Innocent IV. erected a perpetual tribunal of inquisitors, and deprived the bishops and secular judges of the little power the Emperor Frederick had left them. And this jurisdiction, which depended immediately on himself, he took care to introduce into most of the states of Europe. But the inquisitors were so fiery hot, and made such horrid butchery among the reputed heretics, thatthey raised an universal detestation, even in some Catholic countries themselves. Hence it was that their reign proved very short both in France and Germany; nor was even Spain entirely subject to them till the time of Ferdinand and Isabella, in 1448, when their power was increased, under the pretence of clearing the country of Judaism and Mahometanism. The power of the inquisition is very much limited in some countries, particularly at Venice, where it is received under such modifications as prove a great check on its authority. Indeed at Venice it seems rather a political than a religious contrivance, and serves rather for the security of the state, than that of the church. There are appeals from the subaltern inquisitions in Italy, to the congregation of the holy office at Rome.
It is the constant practice of the inquisition to affect, in all their procedures, to inspire as much terror as possible; every thing is done with the most profound silence and secrecy, and with the greatest rigour and pretended impartiality. When a person is seized all the world abandons him; not the nearest friend dares to speak a word in his defence; that alone would be enough to render them suspected of heresy, and would bring them within the claws of the inquisition. The criminals are seized, examined, tried, tortured, and unless they recant, are even condemned and executed, without ever seeing or knowing their accusers; whence the revengeful have a fair opportunity of wreaking their malice on their enemies. When the inquisition has done with them, and condemnedthem to death, they are turned over to the secular arm, with a world of prayer, and pious entreaty, that their lives may not be touched.
Time is no manner of security in point of heresy, nor does the grave itself shelter the accused from the pursuits of the inquisition; even the deceased have their trials, and they proceed in all their form and solemnity against the dead carcases. The execution is always deferred till the number of condemned is very great, that the multitude of sufferers may strike the deeper horror, and make the scene more terrible and shocking.
The inquisition of Rome is a congregation of twelve cardinals and some other officers, where the Pope presides in person. This is accounted the highest tribunal in Rome; it began in the time of Pope Paul IV. on occasion of the Lutheranism.
The inquisition is very severe in the Indies. It is true, there must there be the oaths of seven witnesses to condemn a man; but the deposition of slaves or children are taken. The person is tortured till he condemns himself; for his accusers are never brought to confront him. Persons are accused for the most slender expression against the church; or even for a disrespectful word against the inquisitors.
The standard of the inquisition is a piece of red damask, on which is painted a cross, with an olive branch on one side and a sword on the other; with these words of the Psalm,Exurge, Domine, et judica causam meam.
This infernal engine of tyranny, bigotry, andsuperstition, did not become known in Spain before the year 1484. The court of Rome owed this obligation to another Dominican, John de Torquemada. As he was the confessor of Queen Isabella, he had extorted from her a promise that if ever she ascended the throne, she would use every means to extirpate heresy and heretics. Ferdinand had conquered Grenada, and had expelled from the Spanish realms multitudes of unfortunate Moors. A few remained, who, with the Jews, he compelled to become Christians: they at least assumed the name, but it was well known that both these nations naturally respected their own faith, rather than that of the Christians. This race was afterwards distinguished asChristianos novos; and in marriages, the blood of the Hidalgo was considered to lose its purity by mingling with such a suspicious source.
It was pretended by Torquemada, that this dissimulation would greatly hurt the holy religion. The Queen listened with respectful diffidence to her confessor; and at length gained over the king to consent to the establishment of the unrelenting tribunal. Torquemada, indefatigable in his zeal for the holy see, in the space of fourteen years that he exercised the office of chief inquisitor, is said to have prosecuted near eighty thousand persons, of whom six thousand were condemned to the flames.
Voltaire attributes the taciturnity of the Spaniards to the universal horror such proceedings spread. “A jealousy and suspicion took possession of all ranks of people: friendship and sociabilitywere at an end! Brothers were afraid of brothers, fathers of their children.”
The situation and feelings of one imprisoned in the cells of the inquisition are forcibly painted by Orobio, a mild, and meek, and learned man, whose controversy with Limborch is well known. When he escaped from Spain he took refuge in Holland, was circumcised, and died a philosophical Jew. He has left this admirable description of himself in the cell of the inquisition:—“Inclosed in this dungeon I could not even find space enough to turn myself about; I suffered so much that I found my brain disordered. I frequently asked myself, am I really Don Bathazaar Orobio, who used to walk about Seville at my pleasure, who so much enjoyed myself with my wife and children? I often imagined that all my life had only been a dream, and that I really had been born in this dungeon! The only amusement I could invent was metaphysical disputations. I was at once opponent, respondent, and phæses!” In the cathedral at Saragossa is the tomb of a famous inquisitor; six pillars surround the tomb; to each is chained a Moor, as preparatory to his being burnt. On this St. Foix ingeniously observes, “If ever the jack-ketch of any country should be rich enough to have a splendid tomb, this might serve as an excellent model.”
Bayle informs us, that the inquisition punished heretics by fire, to elude the maxim,Ecclesia non novit sanguinem; for burning a man, say they, does not shedhis blood! Otho, the bishop at the Norman invasion, in the tapestry worked by Matilda,the queen of William the Conqueror, is represented with amacein his hand, for the purpose, that when hedispatchedhis antagonist, he might notspill blood, but only break bones! Religion has had her quibbles as well as law.
The establishment of this despotic order was resisted in France; but it may perhaps surprise the reader that a recorder of London, in a speech, urged the necessity of setting up an inquisition in England! It was on the trial of Penn the Quaker, in 1670, who was acquitted by the jury, which seems highly to have provoked the said recorder. “Magna Charta,” says the preface to the trial, “with the recorder of London, is nothing more thanMagna F——!” It appears that the jury after being kept two days and two nights to change their verdict, were in the end both fined and imprisoned. Sir John Howell, the recorder, said, “Till now I never understood the reason of the policy and prudence of the Spaniards, in suffering the inquisition among them; and certainly it will not be well with us, till somethinglike unto the Spanish inquisitionbe in England.” Thus it will ever be, while both parties, struggling for pre-eminence, rush to the sharp extremity of things, and annihilate the trembling balance of the constitution. But the adopted motto of Lord Erskine must ever be that of every Briton, “Trial by Jury.”
Gabriel Malagrida, an old man of seventy, so late as the year 1761, was burnt by these evangelical executioners. His trial was printed at Amsterdam,1762, from the Lisbon copy. And for what was this unhappy Jesuit condemned? Not, as some imagined, for his having been concerned in a conspiracy against the King of Portugal. No other charge is laid to him in his trial, but that of having indulged certain heretical notions, which any other tribunal but that of the inquisition, would have looked upon as the deleterious fancies of a fanatical old man. Will posterity believe, that in the eighteenth century an aged visionary was led to the stake for having said, amongst other extravagances, “that the Virgin having commanded him to write the life of Antichrist, told him, that he, Malagrida, was a second John, but more clear than John the Evangelist; that there were to be three Antichrists, and that the last should be born at Milan, of a monk and a nun, in the year 1920; that he would marry Proserpine, one of the infernal furies.”
For such ravings as these the unhappy old man was burnt in recent times. Granger assures us, that a horse, in his remembrance, who had been taught to tell the spots upon cards, the hour of the day, &c. by significant tokens, was, together with hisowner, put into the inquisition, for both of them dealing with the devil! A man of letters declared that, having fallen into their hands, nothing perplexed him so much as the ignorance of the inquisitor and his council; and it seemed very doubtful whether they had read even the Scriptures.
The following most interesting anecdote relating to the terrible inquisition, exemplifying howthe use of the diabolical engines of torture forces men to confess crimes they have not been guilty of, was related to Mr. D’Israeli by a Portuguese gentleman.
A nobleman in Lisbon having heard that his physician and friend was imprisoned by the inquisition, under the stale pretext of Judaism, addressed a letter to one of them, to request his freedom, assuring the inquisitor, that his friend was as orthodox a Christian as himself. The physician, notwithstanding this high recommendation, was put to the torture; and, as was usually the case, at the height of his sufferings, confessed every thing they wished. This enraged the nobleman, and feigning a dangerous illness, he begged the inquisitor would come to give him his last spiritual aid.
As soon as the Dominican arrived, the lord, who had prepared his confidential servants, commanded the inquisitor, in their presence, to acknowledge himself a Jew; to write his confession and to sign it. On the refusal of the inquisitor, the nobleman ordered his people to put on the inquisitor’s head a red hot helmet, which to his astonishment, in drawing aside a screen, he beheld glowing in a small furnace. At the sight of this new instrument of torture, “Luke’s iron crown,” the monk wrote and subscribed this abhorred confession. The nobleman then observed, “See now the enormity of your manner of proceeding with unhappy men! My poor physician, like you, has confessed Judaism; but with this difference, onlytorments have forced that from him, which fear alone has drawn from you!”
The inquisition has not failed of receiving its due praises. Macedo, a Portuguese Jesuit, has discovered the “Origin of theInquisition,” in the terrestrial Paradise, and presumes to allege, that God was the first who began the functions of an inquisitor over Cain and the workmen of Babel! Macedo, however, is not so dreaming a personage as he appears; for he obtained a professor’s chair at Padua, for the arguments he delivered at Venice, against the Pope, which were published by the title of “The Literary Roarings of the Lion of St. Mark;” besides, he is the author of 109 different works; but it is curious how far our interest is apt to prevail over conscience,—Macedo praised the inquisition up to heaven, while he sank the Pope to nothing.
Among the great revolutions of this age, the inquisition of Spain and Portugal is abolished, but its history enters into that of the human mind; and the history of the inquisition by Limborch, translated by Chandler, with a very curious “Introduction,” loses none of its value with the philosophical mind. This monstrous tribunal of human opinions, aimed at the sovereignty of the intellectual world, without intellect. It may again be restored, to keep Spain stationary at the middle ages!