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to devote themselves to this service, and titled them crusaders. This badge (for a badge in such cases is of great consequence, it matters little what it be, whether a red cross, or a blue cockade) operated like a charm on those holy idiots, (pardon the misapplication of the epithet holy in conformity to the style of the barbarians spoken of) and gave the finishing stroke to their delusion. If they were inflamed before, they now became infuriate, and raised to a supercelestial sort of virtue, which defies all the humbler restraints of reason and humanity. In this way things continued till the year 1250, that is, for half a century.

The attempts of the fathers inquisitors during that period, were greatly aided by the emperour Frederick the second, who, in the year 1224, being in Padua, had promulged four edicts in relation to this matter, taking the inquisitors under his protection, imposing on obstinate hereticks the punishment of fire, and perpetual imprisonment on the penitent, commit ting the cognizance of the crime to the ecclesiastical, and the condemnation of the criminal to the secular judges. This was the first law which made heresy capital. This, however, at first, by reason of the circumstances of the times and the differences which soon arose betwixt the pope and the emperour, had not all the effect that might have been expected from it. However, it proved very pernicious in example, in denouncing against heresy the punishment of death, to which, before that time, it had never been by law subjected. The example was, besides, of a most cruel death; which, nevertheless, came gradually to be adopted, almost universally, into the laws of other countries.

After the death of Frederick, which happened about the middle of the century, pope Innocent the fourth remaining, as it were, sole arbiter of affairs in Lombardy, and some other parts of Italy, applied his mind to the extirpation of heresies, which, during the late troubles in the state, had increased exceedingly. And, considering the labour which had hitherto been employed in this service, by the Franciscan friars, as well as the Dominican, whose zeal and diligence, unrestrained by either the respect of persons, or the fear of dangers, by any regards to justice, or feelings of humanity, recommended them highly to the pontiff; he judged it the surest remedy, to avail himself of their ardour and abilities, not as formerly, in preaching, or even enlisting crusaders, and inflicting military execution, but by erecting them into a standing tribunal, with very extensive authority, and no other charge than that of the expurgation of heretical pravity.

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There were two objections against this expedient. was, that this judicatory appeared an encroachment on the jurisdiction of the ordinary, or bishop of the place; the other was, that it was unprecedented, that the secular magistrate, to whom the punishment of hereticks was committed, should be excluded from the trial and judgment. All the imperial laws hitherto, even the last severe law of Frederick, and the municipal statutes of every country, had put the cognizance of the fact, and the trial of the accused, though not the description of the crime, into the hands of the magistrate. For removing the first difficulty, the pope devised this temperament: he made the tribunal consist of the inquisitor, and the bishop of the place; wherein, however, the inquisitor was not only to be principal, but, in effect, every thing, the bishop having little more than the name of a judge. For removing the second, and in order to give some appearance of authority to the secular powers, they were allowed to appoint the officers to the inquisition, but still with the approbation of the inqui sitors, and to send with the inquisitor, when he should go in to the country, one of their assessors, whom the inquisitors should choose. A third part of the confiscations was to go to the community, in return for which the community was to be at all the expense of keeping the prisons, supporting the prisoners, &c. These things made the magistrate, in appearance, co-ordinate with the inquisitor, but, in reality, his servant. The infliction of the legal punishment was also in the magistrate, after the heretick had been tried and condemned by the inquisitors. But this was so much a thing of course, and which he well knew he could not avoid executing, without incurring the vengeance of the church, that in this he was, in fact, no better than the spiritual judge's executioner. His office was, in no respect, magisterial, it was merely servile.

On this footing the inquisition was erected in the year 1251, in those provinces in Italy most under the pope's eye, Romania, Lombardy, Marca Trevigiana, and intrusted to Dominican friars. Afterwards it was extended to more distant provinces. Thirty-one rules, or articles, defining the powers and jurisdiction, and regulating the procedure of this new judicatory, were devised; and all rulers and magistrates were commanded, by a bull issued for the purpose, to give, under pain of excommunication and interdicts, punctual obedience, and every possible assistance to this holy court. The inquisitors were empowered to fulminate against the refractory.

Afterwards, in the year 1484, king Ferdinand the catholick, having put a period to the reign of the Mahometans in Grá

nada, did, to purge his own, and his consort Elizabeth's dominions, from both Moors and Jews, erect, with consent of pope Sextus the fourth, a tribunale of inquisition in all the kingdoms possessed by him, which took cognizance not only of judaism and mahometism, but also of heresy and witchcraft. The form of the judicatory then introduced, and still remaining there is, that the king dominates an ecclesiastick to be general inquisitor for all his dominions, and his holiness confirms him, if he approve the choice; for he may reject him if he please. The inquisitor named by the king, and confirmed by the pontiff, names the particular inquisitors destined for every place, who, before entering on their office, must obtain the royal approbation. The king, besides, deputes a council, or senate over this business, who sit where the court resides, and of which the inquisitor general is president. This council has supreme jurisdiction, makes new regulations when it sees occasion, determines differences between particular inquisitors, punishes the faults of their officers, and receives appeals. From Spain it extended to its dependences, and was introduced into Sicily, Sardinia, and the Indies.

Attempts, however, of this kind, have not proved equally successful in all Roman Catholick states, or even the greater part of them. It was never in the power of the pope to obtain the establishment of this tribunal in many of the most populous countries in subjection to the see of Rome. In some it was introduced, and soon after expelled, in such a manner as effectually to preclude a renewal of the attempt. The difficulties arose from two causes; one was, the conduct of the inquisitors, and their immoderate severity, as well as their unbounded extortion and avarice, to which I may add, the propensity they showed, on every occasion, to extend, beyond measure, their own authority; insomuch, that they were proceeding to engross, on one pretext or other, all the criminal jurisdiction of the magistrate. Under heresy, they insisted that infidelity, blasphemy, perjury, sorcery, poisoning, bigamy, usury, were comprehended. The other cause was, that the tribunal was found to be so burdensome, that the community refused to be at the expense. In several places it was found necessary to ease the publick of this charge, and in order to abate somewhat of the excessive rigour, which had raised so much clamour against it, a greater share of the power was given to the bishop. These things served to facilitate its introduction into Tuscany and Arragon, and even into some cities of France; but in this last country it was not long permitted to remain.

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It is not entirely on the same footing in the different places where it has been received. In Spain and Portugal this scourge and disgrace of humanity glares, monster like, with its most frightful aspect. In Rome it is much more tolerable. Papal avarice has served to counterbalance papal tyranny, and, in defect of a better principle, produced what, if it do not deserve the name, has some of the good consequences of moderation. The wealth of modern Rome arises very much from the constant resort of strangers of all coun» tries and denominations, and, for the most part, of the higher ranks. Nothing would prove a more effectual check to that resort, and, consequently, to the unceasing influx of riches into that capital, than such a horrid tribunal as those which, from Lisbon and Madrid, diffuse a terrour which is felt in the utmost confines of those miserable kingdoms. In Venice it is, indeed, as moderate as it is possible for a judicatory to be, which is founded on a principle not more false than tyrannical, that men are responsible for their opinions to any human tribunal. But the particular constitution of that court was settled by an express stipulation between the pontiff and the state. The Venetian senate would not admit an inquisition into their dominions on any other terms, than such as secured at least some regard to justice and humanity in their proceedings, and prevented them from extending their jurisdiction beyond the original limits, or arriving at an independency on the secular powers. With so much caution and jealousy did that wise aristocracy guard against the encroachment of the church.

It is no more than doing justice to many Roman Catholick states to acknowledge, that they are almost as much enemies to that infernal tribunal, as even protestants themselves. Nor can I in this be justly accused of advancing any thing rashly, the tumults which the attempts to introduce it into some parts of Italy, Milan and Naples in particular, and afterwards into France, and other countries called catholick, and its actual expulsion from some places, when, to appearance, settled, are the strongest evidences of the general sentiments of the people concerning it. It is only to be regretted, that those who, in this matter, think as we do, should be inconsistent enough to imagine, that a despotism, which required for its support such diabolical engines, could, with any propriety, be said to come from God. But so far have those called christians departed from the simplicity that is in Christ, that they will admit any rule for judging of the title of prophets, or teachers, in divine things, rather than the rule given by him whom they call Master. By their fruits shall you know them.

Do men gather grapes of thorns, or figs of thistles? No test of a divine mission, if Jesus Christ may be credited, is of any significance without this.

It may not be improper to conclude our account of the origin of the inquisition, with a few things in illustration of the spirit in which it proceeds, that every one may have it in his power to judge, whether the relation it bears to the spirit of Christ be denominated more properly resemblance, or contrariety. It is so far from following the rules of almost all other tribunals, where any regard is shown to equity, or the rights of human nature, that, in every respect, where the eeclesiastick power has not been checked by the secular, those rules have been reversed. The account is entirely just, as far as it goes, which is given by Voltaire of the Spanish inquisition, and he might have added, of the Portuguese, for both are on the same model. "Their form of proceeding is an infallible way to destroy whomsoever the inquisitors please." And let it be observed, that they have strong motives for destroying a rich culprit, as their sentence of condemnation is followed by the confiscation of all his estate, real and personal, of which two-thirds go to the church, and one-third to the state; so that it may be said, with the strictest propriety, that the judges themselves are parties, having a personal interest in the issue against the prisoner. "The prisoners are not confronted with the accuser or informer." Nay, they are not so much as told who it is that informs. His name is kept secret to encourage the trade of informing. And, surely, a better expedient could not have been devised for promoting this dark business, than by thus securing at once concealment and gratification, with impunity, to private malice, envy, and revenge. Further, "there is no informer, or witness, who is not listened to. A publick convict, a notorious malefactor, an infamous person, a common prostitute, a child, are in the holy office, though no "where else, creditable accusers and witnesses. Even the son may depose against his father, the wife against her "husband." The detection of the grossest prevarication in the delator and witnesses is hardly ever punished, unless with a very gentle rebuke; let it be observed, by the way, that to the profligate and abandoned they can be very gentle, for they dread, above all things, to do aught that might discourage informers, spies, and witnesses. And that there may be no risk of a want of information, they have, in all parts of the kingdom, spies of all different qualities, who are denominated the familiars of the holy office, a place of which even men of high rank are sometimes ambitious, from different motives,

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