The pontificate of Innocent fell within an important period in European

politics, and he himself played no insignificant rôle. His protest

against Louis XIV.'s extended claim to regalian rights called forth the

famous Declaration of Gallican Liberties by a subservient French synod

under the lead of Bossuet (1682), which the pope met by refusing to

confirm Louis's clerical appointments. His determination to restrict the

ambassadorial right of asylum, which had been grossly abused, was

resented by Louis, who defied him in his own capital, seized the papal

territory of Avignon, and talked loudly of a schism, without, however,

shaking the pope in his resolution. The preponderance of France Innocent

regarded as a menace to Europe. He opposed Louis's candidate for the

electorate of Cologne (1688), approved the League of Augsburg,

acquiesced in the designs of the Protestant William of Orange, even in

his supplanting James II., whom, although a Roman Catholic, he

distrusted as a tool of Louis. The great object of Innocent's desire was

the repulse of the Turks, and his unwearying efforts to that end

entitled him to share in the glory of relieving Vienna (1683).

Innocent died on the 12th of August 1689, lamented by his subjects. His

character and life were such as to suggest the propriety of

canonization, but hostile influences have defeated every move in that

direction.

The life of Innocent has been frequently written. See Guarnacci,

_Vitae et res gestae Pontiff. Rom._ (Rome, 1751), i. 105 sqq.;

Palazzi, _Gesta Pontiff. Rom._ (Venice, 1690); also the lives by

Albrizzi (Rome, 1695); Buonamici (Rome, 1776); and Immich (Berlin,

1900). Particular phases of Innocent's activity have been treated by

Michaud, _Loius XIV. et Innoc. XI._ (Paris, 1882 sqq., 4 vols.);

Dubruel, _La Correspond.... du Card. Carlo Pio_, &c. (see _Rev. des

quest. hist._ lxxv. (1904) 602 sqq.); and Gerin, in _Rev. des quest.

hist._, 1876, 1878, 1886. For correspondence of Innocent see Colombo,

_Notizie biogr. e lettere di P. Innoc. XI._ (Turin, 1878); and

Berthier, _Innoc. PP. XI. Epp. ad Principes_ (Rome, 1890 sqq.). An

extended bibliography may be found in Herzog-Hauck,

_Realencyklopädie_, s.v. "Innocenz XI." (T. F. C.)

INNOCENT XII. (Antonio Pignatelli), pope from 1691 to 1700 in succession

to Alexander VIII., was born in Naples on the 13th of March 1615, was

educated at the Jesuit College in Rome, entered upon his official career

at the age of twenty, and became vice-legate of Urbino, governor of

Perugia, and nuncio to Tuscany, to Poland and to Austria. He was made

cardinal and archbishop of Naples by Innocent XI., whose pontificate he

took as a model for his own, which began on the 12th of July 1691. Full

of reforming zeal, he issued ordinances against begging, extravagance

and gambling; forbade judges to accept presents from suitors; built new

courts of justice; prohibited the sale of offices, maintaining the

financial equilibrium by reducing expenses; and, an almost revolutionary

step, struck at the root of nepotism, in a bull of 1692 ordaining that

thenceforth no pope should grant estates, offices or revenues to any

relative. Innocent likewise put an end to the strained relations that

had existed between France and the Holy See for nearly fifty years. He

adjusted the difficulties over the regalia, and obtained from the French

bishops the virtual repudiation of the Declaration of Gallican

Liberties. He confirmed the bull of Alexander VIII. against Jansenism

(1696); and, in 1699, under pressure from Louis XIV., condemned certain

of Fénelon's doctrines which Bossuet had denounced as quietistic (see

FÉNELON). When the question of the Spanish succession was being agitated

he advised Charles II. to make his will in favour of the duke of Anjou.

Innocent died, on the eve of the great conflict, on the 27th of

September 1700. Moderate, benevolent, just, Innocent was one of the best

popes of the modern age.

See Guarnacci, _Vitae et res gestae Pontiff. Rom._ (Rome, 1751), i.

389 sqq.; Ranke, _Popes_ (Eng. trans., Austin), iii. 186 sqq.; v.

Reumont, _Gesch. der Stadt Rom._ iii. 2, p. 640 sqq.; and the

_Bullarium Innoc. XII._ (Rome, 1697). (T. F. C.)

INNOCENT XIII. (Michele Angelo Conti), pope from 1721 to 1724, was the

son of the duke of Poli, and a member of a family that had produced

several popes, among them Innocent III., was born in Rome on the 13th of

May 1655, served as nuncio in Switzerland, and, for a much longer time,

in Portugal, was made cardinal and bishop of Osimo and Viterbo by

Clement XI., whom he succeeded on the 8th of May 1721. One of his first

acts was to invest the emperor Charles VI. with Naples (1722); but

against the imperial investiture of Don Carlos with Parma and Piacenza

he protested, albeit in vain. He recognized the Pretender, "James III.,"

and promised him subsidies conditional upon the re-establishment of

Roman Catholicism in England. Moved by deep-seated distrust of the

Jesuits and by their continued practice of "Accommodation," despite

express papal prohibition (see CLEMENT XI.), Innocent forbade the Order

to receive new members in China, and was said to have meditated its

suppression. This encouraged the French Jansenist bishops to press for

the revocation of the bull _Unigenitus_; but the pope commanded its

unreserved acceptance. He weakly yielded to pressure and bestowed the

cardinal's hat upon the corrupt and debauched Dubois. Innocent died on

the 7th of March 1724, and was succeeded by Benedict XIII.

See Guarnacci, _Vitae et res gestae Pontiff. Rom._ (Rome, 1751), ii.

137 sqq., 381 sqq.; Sandini, _Vitae Pontiff. Rom._ (Padua, 1739); M.

v. Mayer, _Die Papstwahl Innocenz XIII._ (Vienna, 1874); Michaud, "La

Fin du Clement XI. et le commencement du pontificat d'Innocent XIII."

in the _Internat. Theol. Zeitschr._ v. 42 sqq., 304 sqq. (T. F. C.)

INNOCENTS' DAY, or CHILDERMAS, a festival celebrated in the Latin church

on the 28th of December, and in the Greek church on the 29th (O.S.) in

memory of the massacre of the children by Herod. The Church early

regarded these little ones as the first martyrs. It is uncertain when

the day was first kept as a saint's day. At first it seems to have been

absorbed into the celebration of the Epiphany, but by the 5th century it

was kept as a separate festival. In Rome it was a day of fasting and

mourning. In the middle ages the festival was the occasion for much

indulgence to the children. The boy-bishop (q.v.), whose tenure of

office lasted till Childermas, had his last exercise of authority then,

the day being one of the series of days which were known as the Feast of

Fools. Parents temporarily abdicated authority, and in nunneries and

monasteries the youngest nun and monk were for the twenty-four hours

allowed to masquerade as abbess and abbot. These mockeries of religion

were condemned by the Council of Basel (1431); but though shorn of its

extravagances the day is still observed as a feast day and merry-making

for children in Catholic countries, and particularly as an occasion for

practical joking like an April Fool's Day. In Spanish-America when such

a joke has been played, the phrase equivalent to "You April fool!" is

_Que la inocencia le valga!_ May your innocence protect you! The society

of Lincoln's Inn specially celebrated Childermas, annually electing a

"king of the Cockneys." Innocents' Day was ever accounted unlucky.

Nothing was begun and no marriages took place then. Louis XI. prohibited

all state business. The coronation of Edward IV., fixed for a Sunday,

was postponed till the Monday when it was found the Sunday fell on the

28th of December. In rural England it was deemed unlucky to do

housework, put on new clothes or pare the nails. At various places in

Gloucestershire, Somerset and Worcestershire muffled peals were rung

(_Notes and Queries_, 1st series, vol. viii. p. 617). In Northampton the

festival was called "Dyzemas Day" (possibly from Gr. [Greek: dys-] "ill"

and "mass"), and there is a proverb "What is begun on Dyzemas will never

be finished." The Irish call the day _La Croasta na bliana_, "the cross

day of the year," or _Diar dasin darg_, "blood Thursday," and many

legends attach to it (_Notes and Queries_, 4th series, vol. xii. p.

185). In medieval England the children were reminded of the mournfulness

of the day by being whipped in bed on Innocents' morning. This custom

survived to the 17th century.

INNSBRUCK, the capital of the Austrian province of Tirol, and one of the

most beautifully situated towns in Europe. In 1900 the population was

26,866 (with a garrison of about 2000 men), mainly German-speaking and

Romanist. Built at a height of 1880 ft., in a wide plain formed by the

middle valley of the Inn and on the right bank of that river, it is

surrounded by lofty mountains that seem to overhang the town. It

occupies a strong military position (its commercial and industrial

importance is now but secondary) at the junction of the great highway

from Germany to Italy over the Brenner Pass, by which it is by rail 109½

m. from Munich and 174½ m. from Verona, with that from Bregenz in the

Vorarlberg, distant 122 m., by rail under the Arlberg Pass. It takes its

name from its position, close to the chief bridge over the Inn. It is

the seat of the supreme judicial court of the Tirol, the Diet of which

meets in the Landhaus. The streets are broad, there are several open

places and the houses are handsome, many of those in the old town dating

from the 17th and 18th centuries, and being adorned with frescoes, while

the arcades beneath are used as shops.

The principal monument is the Franciscan or Court church (1553-1563). In

it is the magnificent 16th-century cenotaph (his body is elsewhere) of

the emperor Maximilian (d. 1519), who, as count of the Tirol from 1490

onwards, was much beloved by his subjects. It represents the emperor

kneeling in prayer on a gigantic marble sarcophagus, surrounded by

twenty-eight colossal bronze statues of mourners, of which twenty-three

figure ancestors, relatives or contemporaries of Maximilian, while five

represent his favourite heroes of antiquity--among these five are the

two finest statues (both by Peter Vischer of Nuremberg), those of King

Arthur of Britain and of Theodoric, the Ostrogothic king. On the sides

of the sarcophagus are twenty-four marble reliefs, depicting the

principal events in the life of Maximilian, nearly all by Alexander

Colin of Malines, while the general design of the whole monument is

attributed to Gilg Sesselschreiber, the court painter. In one of the

aisles of the same church is the Silver Chapel, so called from a silver

Madonna and silver bas-reliefs on the altar; it contains the tombs of

Archduke Ferdinand, count of the Tirol (d. 1595) and his non-royal wife,

Philippine Welser of Augsburg (d. 1580), whose happy married life spent

close by is one of the most romantic episodes in Tirolese history. In

the other aisle are the tombs, with monuments, of the heroes of the War

of Independence of 1809, Hofer, Haspinger and Speckbacher. It was in

this church that Queen Christina of Sweden, daughter of Gustavus

Adolphus, abjured Protestantism, in 1655. There are also several other

churches and convents, among the latter the first founded (1593) in

Germany by the Capuchins.

The university of Innsbruck was formally founded in 1677, and refounded

(after two periods of suspension, 1782-1792 and 1810-1826) in 1826. It

is attended by about 1000 students and has a large staff of professors,

the theological faculty being controlled by the Jesuits. It has a

library of 176,000 books, and 1049 MSS. The University or Jesuit church

dates from the early 17th century. The Ferdinandeum is the provincial

museum (founded in 1823, though the present building is later). The

house known as the Goldne Dachl has its roof covered with gilded copper

tiles; it was built about 1425, by Frederick, count of the Tirol,

nicknamed "with the empty pockets," but the balcony and gilded roof were

added in 1500 by the emperor Maximilian. Among the other monuments of

Innsbruck may be mentioned the Pillar of St Anne, erected in 1706 to

commemorate the repulse of the French and the Bavarians in 1703; the

Triumphal Arch, built in 1765, on the occasion of the marriage of the

future emperor Leopold II. with the Infanta Maria Louisa of Spain; and a

fountain, with a bronze statue of Archduke Leopold V., set up in

1863-1877, in memory of the five-hundredth anniversary of the union of

the Tirol with Austria.

The Roman station of Veldidena was succeeded by the Premonstratensian

abbey of Wilten, both serving to guard the important strategical bridge

over the Inn. In 1180 the count of Andechs (the local lord) moved the

market-place over to the right bank of the river (where is the convent),

and in 1187 we first hear of the town by its present name. Between 1233

and 1235 it was fortified, and a castle built for the lord. But it was

only about 1420 that Archduke Frederick IV. ("with the empty pockets")

built himself a new castle in Innsbruck, which then replaced Meran as

the capital of Tirol. The county of Tirol was generally held by a cadet

line of the Austrian house, the count being almost an independent ruler.

But the last princeling of this kind died in 1665, since which date

Innsbruck and Tirol have been governed from Vienna. In 1552 Maurice of

Saxony surprised and nearly took Innsbruck, almost capturing the emperor

Charles V. himself, who escaped owing to a mutiny among Maurice's

troops. In the patriotic war of 1809, Innsbruck played a great part and

suffered much, while in 1848, at the time of the revolution in Vienna,

it joyfully received the emperor Ferdinand. (W. A. B. C.)

INNS OF COURT. The Inns of Court and Chancery are voluntary

non-corporate legal societies seated in London, having their origin

about the end of the 13th and the commencement of the 14th century.

Dugdale (_Origines Juridiciales_) states that the learned in English law

were anciently persons in holy orders, the justices of the king's court

being bishops, abbots and the like. But in 1207 the clergy were

prohibited by canon from acting in the temporal courts. The result

proving prejudicial to the interests of the community, a commission of

inquiry was issued by Edward I. (1290), and this was followed up (1292)

by a second commission, which among other things directed that students

"apt and eager" should be brought from the provinces and placed in

proximity to the courts of law now fixed by Magna Carta at Westminster

(see INN). These students were accordingly located in what became known

as the Inns of Court and Chancery, the latter designated by Fortescue

(_De Laudibus_) as "the earliest settled places for students of the

law," the germ of what Sir Edward Coke subsequently spoke of as our

English juridical university. In these Inns of Court and Chancery, thus

constituted, and corresponding to the ordinary college, the students,

according to Fortescue, not only studied the laws and divinity, but

further learned to dance, sing and play instrumental music, "so that

these hostels, being nurseries or seminaries of the court, were

therefore called Inns of Court."

Stow in his _Survey_ (1598) says: "There is in and about this city a

whole university, as it were, of students, practisers or pleaders and

judges of the laws of this realm"; and he goes on to enumerate the

several societies, fourteen in number, then existing, corresponding

nearly with those recognized in the present day, of which the Inns of

Court, properly so-called, are and always have been four, namely

_Lincoln's Inn_, the _Inner Temple_, the _Middle Temple_ and _Gray's

Inn_. To these were originally attached as subordinate Inns of Chancery,

Furnival's Inn, Thavie's Inn (to Lincoln's Inn), Clifford's Inn,

Clement's Inn (to the Inner Temple), New Inn (to the Middle Temple),

Staple's Inn, Barnard's Inn (to Gray's Inn), but they were cut adrift by

the older Inns and by the middle of the 18th century had ceased to have

any legal character (_vide infra_). In addition to these may be

specified _Serjeant's Inn_, a society composed solely of

serjeants-at-law, which ceased to exist in 1877. Besides the Inns of

Chancery above enumerated, there were others, such as Lyon's Inn, which

was pulled down in 1868, and Scrope's Inn and Chester or Strand Inn,

spoken of by Stow, which have long been removed, and the societies to

which they belonged have disappeared. The four Inns of Court stand on a

footing of complete equality, no priority being conceded to or claimed

by one inn over another. Their jurisdictions and privileges are equal,

and upon affairs of common interest the benchers of the four inns meet

in conference. From the earliest times there has been an interchange of

fellowship between the four houses; nevertheless the Middle Temple and

Lincoln's Inn, and the Inner Temple and Gray's Inn, have maintained a

closer alliance.

The members of an Inn of Court consist of benchers, barristers and

students. The benchers are the senior members of the society, who are

invested with the government of the body to which they belong. They are

more formally designated "masters of the bench," are self-elected and

unrestricted as to numbers. Usually a member of an inn, on attaining the

rank of king's counsel, is invited to the bench. Other members of long

standing are also occasionally chosen, but no member by becoming a

king's counsel or by seniority of standing acquires the right of being

nominated a bencher. The benchers vary in number from twenty in Gray's

Inn to seventy and upwards in Lincoln's Inn and the Inner Temple. The

powers of the benchers are practically without limit within their

respective societies; their duties, however, are restricted to the

superintendence and management of the concerns of the inn, the admission

of candidates as students, the calling of them to the bar and the

exercise of discipline generally over the members. The meetings of the

benchers are variously denominated a "parliament" in the Inner and

Middle Temples, a "pension" in Gray's Inn and a "council" in Lincoln's

Inn. The judges of the superior courts are the visitors of the inns, and

to them alone can an appeal be had when either of the societies refuses

to call a member to the bar, or to reinstate in his privileges a

barrister who has been disbarred for misconduct. The presiding or chief

officer is the treasurer, one of the benchers, who is elected annually

to that dignity. Other benchers fulfil the duties of master of the

library, master of the walks or gardens, dean of the chapel and so

forth, while others are readers, whose functions are referred to below.

The usages of the different inns varied somewhat formerly in regard both

to the term of probationary studentship enforced and to the procedure

involved in a "call" to the bar by which the student is converted into

the barrister. In the present day the entrance examination, the course

of study and the examinations to be passed on the completion of the

curriculum are identical and common to all the inns (see ENGLISH LAW).

When once called to the bar, no hindrance beyond professional etiquette

limits a barrister's freedom of action; so also members may on

application to the benchers, and on payment of arrears of dues (if any),

leave the society to which they belong, and thus cease altogether to be

members of the bar likewise. A member of an Inn of Court retains his

name on the lists of his inn for life by means of a small annual payment

varying from £1 to £5, which at one or two of the inns is compounded for

by a fixed sum taken at the call to the bar.

The ceremony of the "call" varies in detail at the different inns. It

takes place after dinner (before dinner at the Middle Temple, which is

the only inn at which students are called in their wigs and gowns), in

the "parliament," "pension" or "council" chamber of the benchers. The

benchers sit at a table round which are ranged the students to be

called. Each candidate being provided with a glass of wine, the

treasurer or senior bencher addresses them and the senior student

briefly replies. "Call Parties" are also generally held by the new

barristers; at the Middle Temple they are allowed in hall.

During the reign of Edward III. the Inns of Court and Chancery, based on

the collegiate principle, prospered under the supervision and protection

of the crown. In 1381 Wat Tyler invaded the Temple, and in the

succeeding century (1450) Jack Cade meditated pulling down the Inns of

Court and killing the lawyers. It would appear, moreover, that the

inmates of the inns were themselves at times disorderly and in conflict

with the citizens. Fortescue (c. 1464) describing these societies thus

speaks of them: "There belong to the law ten lesser inns, which are

called the Inns of Chancery, in each of which there are one hundred

students at least, and in some a far greater number, though not

constantly residing. After the students have made some progress here

they are admitted to the Inns of Court. Of these there are four, in the

least frequented of which there are about two hundred students. The

discipline is excellent, and the mode of study well adapted for

proficiency." This system had probably existed for two centuries before

Fortescue wrote, and continued to be enforced down to the time of Sir

Thomas More (1498), of Chief Justice Dyer (1537) and of Sir Edward Coke

(1571). By the time of Sir Matthew Hale (1629) the custom for law

students to be first entered to an Inn of Chancery before being admitted

to an Inn of Court had become obsolete, and thenceforth the Inns of

Chancery have been abandoned to the attorneys. Stow in his _Survey_

succinctly points out the course of reading enforced at the end of the

16th century. He says that the Inns of Court were replenished partly by

students coming from the Inns of Chancery, who went thither from the

universities and sometimes immediately from grammar schools; and, having

spent some time in studying the first elements of the law, and having

performed the exercises called "bolts," "moots" and "putting of cases,"

they proceeded to be admitted to, and become students in, one of the

Inns of Court. Here continuing for the space of seven years or

thereabouts, they frequented readings and other learned exercises,

whereby, growing ripe in the knowledge of the laws, they were, by the

general consent either of the benchers or of the readers, called to the

degree of barrister, and so enabled to practise in chambers and at the

bar. This ample provision for legal study continued with more or less

vigour down to nearly the commencement of the 18th century. A languor

similar to that which affected the church and the universities then

gradually supervened, until the fulfilment of the merest forms sufficed

to confer the dignity of advocate and pleader. This was maintained until

about 1845, when steps were taken for reviving and extending the ancient

discipline and course of study, bringing them into harmony with modern

ideas and requirements.

The fees payable vary slightly at the different inns, but average about

£150. This sum covers all expenses from admission to an inn to the call

at the bar, but the addition of tutorial and other expenses may augment

the cost of a barrister's legal education to £400 or £500. The period of

study prior to call must not be less than twelve terms, equivalent to

about three years. Solicitors, however, may be called without keeping

any terms if they have been in practice for not fewer than five

consecutive years.

It has been seen that the studies pursued in ancient times were

conducted by means of "readings," "moots" and "bolts." The _readings_

were deemed of vital importance, and were delivered in the halls with

much ceremony; they were frequently regarded as authorities and cited as

such at Westminster in argument. Some statute or section of a statute

was selected for analysis and explanation, and its relation to the

common law pointed out. Many of these readings, dating back to Edward

I., are extant, and well illustrate the importance of the subjects and

the exhaustive and learned manner in which they were treated. The

function of "reader" involved the holder in very weighty expenses,

chiefly by reason of the profuse hospitality dispensed--a constant and

splendid table being kept during the three weeks and three days over

which the readings extended, to which were invited the nobility, judges,

bishops, the officers of state and sometimes the king himself. In 1688

the readers were paid £200 for their reading, but by that time the

office had become a sinecure. In the present day the readership is

purely honorary and without duties. The privilege formerly assumed by

the reader of calling to the bar was taken away in 1664 by an order of

the lord chancellor and the judges. _Moots_ were exercises of the nature

of formal arguments on points of law raised by the students and

conducted under the supervision of a bencher and two barristers sitting

as judges in the halls of the inns. _Bolts_ were of an analogous

character, though deemed inferior to moots.

In the early history of the inns discrimination was exercised in regard

to the social status of candidates for admission to them. Sir John

Ferne, a writer of the 16th century, referred to by Dugdale, states that

none were admitted into the houses of court except they were gentlemen

of blood. So also Pliny, writing in the 1st century of the Christian era

(_Letters_, ii. 14), says that before his day young men even of the

highest families of Rome were not admitted to practice except upon the

introduction of some man of consular rank. But he goes on to add that

all barriers were then broken down, everything being open to

everybody--a remark applicable to the bar of England and elsewhere in

the present day. It may here be noted that no dignity or title confers

any rank at the bar. A privy councillor, a peer's son, a baronet, the

speaker of the House of Commons or a knight--all rank at the bar merely

according to their legal precedence. Formerly orders were frequently

issued both by the benchers and by the crown on the subject of the

dress, manners, morals and religious observances of students and

members. Although some semblance of a collegiate discipline is still

maintained, this is restricted to the dining in hall, where many ancient

usages survive, and to the closing of the gates of the inns at night.

Each inn maintains a chapel, with the accompaniment of preachers and

other clergy, the services being those of the Church of England. The

Inner and the Middle Temple have joint use of the Temple church. The

office of preacher is usually filled by an ecclesiastic chosen by the

benchers. The principal ecclesiastic of the Temple church is, however,

constituted by letters patent by the crown without episcopal institution

or induction, enjoying, nevertheless, no authority independently of the

benchers. He bears the title of Master of the Temple.

It has already been stated, on the authority of Fortescue, that the

students of the Inns of Court learned to dance, sing and play

instrumental music; and those accomplishments found expression in the

"masques" and "revels" for which the societies formerly distinguished

themselves, especially the Inner Temple and Gray's Inn. These

entertainments were of great antiquity and much magnificence, involving

very considerable expense. Evelyn (_Diary_) speaks of the revels at the

Middle Temple as an old and riotous custom, having relation neither to

virtue nor to policy. The last revel appears to have been held at the

Inner Temple in 1734, to mark the occasion of the elevation of Lord

Chancellor Talbot to the woolsack. The plays and masques performed were

sometimes repeated elsewhere than in the hall of the inn, especially

before the sovereign at court. A master of the revels was appointed,

commonly designated Lord of Misrule. There is abundant information as to

the scope and nature of these entertainments: one of the festivals is

minutely described by Gerard Leigh in his _Accedence of Armorie_, 1612;

and a tradition ascribes the first performance of Shakespeare's _Twelfth

Night_ to a revel held in the Middle Temple hall in February 1601. The

hospitality of the inns now finds expression mainly in the "Grand Day,"

held once in each of the four terms, when it is customary for the judges

and other distinguished visitors to dine with the benchers (who sit

apart from the barristers and students on a daïs in some state), and

"Readers' Feast," on both which occasions extra commons and wine are

served to the members attending. But the old customs also found some

renewal in the shape of balls, concerts, garden-parties and other

entertainments. In 1887 there was a revival (the first since the 17th

century) of the Masque of Flowers at both the Inner Temple and Gray's

Inn. The Royal Horticultural Society's annual exhibition of flowers and

fruit is held in May in the Temple Gardens. Plays are also occasionally

performed in the Temple, Robert Browning's _Sordello_ being acted in

1902 by a company of amateurs, most of whom were either members of the

bar or connected with the legal profession.

The _Inner_ and the _Middle Temple_, so far as their history can be

traced, have always been separate societies. Fortescue, writing

between 1461 and 1470, makes no allusion to a previous junction of the

two inns. Dugdale (1671) speaks of the Temple as having been one

society, and states that the students so increased in number that at

length they divided, becoming the Inner and Middle Temple

respectively. He does not, however, give any authority for this

statement, or furnish the date of the division. The first trustworthy

mention of the Temple as an inn of court is found in the _Paston

Letters_, where, under date November 1440, the Inner Temple is spoken

of as a college, as is also subsequently the Middle Temple. The Temple

had been the seat in England of the Knights Templars, on whose

suppression in 1312 it passed with other of their possessions to the

crown, and after an interval of some years to the Knights Hospitallers

of St John of Jerusalem, who in the reign of Edward III. demised the

mansion and its surroundings to certain professors of the common law

who came from Thavie's Inn. Notwithstanding the destruction of the

muniments of the Temple by fire or by popular commotion, sufficient

testimony is attainable to show that in the reigns of Edward III. and

Richard II. the Temple had become the residence of the legal

communities which have since maintained there a permanent footing. The

two societies continued as tenants to the Knights Hospitallers of St

John until the dissolution of the order in 1539; they then became the

lessees of the crown, and so remained until 1609, when James I. made a

grant by letters patent of the premises in perpetuity to the benchers

of the respective societies on a yearly payment by each of £10, a

payment bought up in the reign of Charles II. In this grant the two

inns are described as "the Inner and the Middle Temple or New Temple,"

and as "being two out of those four colleges the most famous of all

Europe" for the study of the law. Excepting the church, nothing

remains of the edifices belonging to the Knights Templars, the present

buildings having been almost wholly erected since the reign of Queen

Elizabeth or since the Great Fire, in which the major part of the

Inner Temple perished. The church has been in the joint occupation of

the Inner and Middle Temple from time immemorial--the former taking

the southern and the latter the northern half. The round portion of

the church was consecrated in 1185, the nave or choir in 1240. It is

the largest and most complete of the four remaining round churches in

England, and is built on the plan of the church of the Holy Sepulchre

at Jerusalem. Narrowly escaping the ravages of the fire of 1666, this

beautiful building is one of the most perfect specimens of early

Gothic architecture in England. In former times the lawyers awaited

their clients for consultation in the Round Church, as similarly the

serjeants-at-Law were accustomed to resort to St Paul's Cathedral,

where each serjeant had a pillar assigned him.

The _Inner Temple_, comprehending a hall, parliament chamber, library

and other buildings, occupies the site of the ancient mansion of the

Knights Templars, built about the year 1240, and has from time to time

been more or less rebuilt and extended, the present handsome range of

buildings, including a new dining hall, being completed in 1870. The

library owes its existence to William Petyt, keeper of the Tower

Records in the time of Queen Anne, who was also a benefactor to the

library of the Middle Temple. The greatest addition by gift was made

by the Baron F. Maseres in 1825. The number of volumes now in the

library is 37,000. Of the Inns of Chancery belonging to the Inner

Temple _Clifford's Inn_ was anciently the town residence of the Barons

Clifford, and was demised in 1345 to a body of students of the law. It

was the most important of the Inns of Chancery, and numbered among its

members Coke and Selden. At its dinners a table was specially set

aside for the "Kentish Mess," though it is not clear what connexion

there was between the Inn and the county of Kent. It was governed by a

principal and twelve rulers. _Clement's Inn_ was an Inn of Chancery

before the reign of Edward IV., taking its name from the parish church

of St Clement Danes, to which it had formerly belonged. Clement's Inn

was the inn of Shakespeare's Master Shallow, and was the Shepherd's

Inn of Thackeray's _Pendennis_. The buildings of Clifford's Inn

survive (1910), but of Clement's Inn there are left but a few

fragments.

The _Middle Temple_ possesses in its hall one of the most stately of

existing Elizabethan buildings. Commenced in 1562, under the auspices

of Edmund Plowden, then treasurer, it was not completed until 1572,

the richly carved screen at the east end in the style of the

Renaissance being put up in 1575. The belief that the screen was

constructed of timber taken from ships of the Spanish Armada (1588) is

baseless. The hall, which has been preserved unaltered, has been the

scene of numerous historic incidents, notably the entertainments given

within its walls to regal and other personages from Queen Elizabeth

downwards. The library, which contains about 28,000 volumes, dates

from 1641, when Robert Ashley, a member of the society, bequeathed his

collection of books in all classes of literature to the inn, together

with a large sum of money; other benefactors were Ashmole (the

antiquary), William Petyt (a benefactor of the Inner Temple) and Lord

Stowell. From 1711 to 1826 the library was greatly neglected; and many

of the most scarce and valuable books were lost. The present handsome

library building, which stands apart from the hall, was completed in

1861, the prince of Wales (afterwards Edward VII.) attending the

inauguration ceremony on October 31st of that year, and becoming a

member and bencher of the society on the occasion. He afterwards held

the office of treasurer (1882). The MSS. in the collection are few and

of no special value. In civil, canon and international law, as also in

divinity and ecclesiastical history, the library is very rich; it

contains also some curious works on witchcraft and demonology. There

was but one Inn of Chancery connected with the Middle Temple, that of

_New Inn_, which, according to Dugdale, was formed by a society of

students previously settled at St George's Inn, situated near St

Sepulchre's Church without Newgate; but the date of this transfer is

not known. The buildings have now been pulled down.

_Lincoln's Inn_ stands on the site partly of an episcopal palace

erected in the time of Henry III. by Ralph Nevill, bishop of

Chichester and chancellor of England, and partly of a religious house,

called Black Friars House, in Holborn. In the reign of Edward II.,

Henry Lacy, earl of Lincoln, possessed the place, which from him

acquired the name of Lincoln's Inn, probably becoming an Inn of Court

soon after his death (in 1310), though of its existence as a place of

legal study there is little authentic record until the time of Henry

VI. (1424), to which date the existing muniments reach back. The fee

simple of the inn would appear to have remained vested in the see of

Chichester; and it was not until 1580 that the society which for

centuries had occupied the inn as tenants acquired the absolute

ownership of it. The old hall, built about 1506, still remains, but

has given place to a modern structure designed by Philip Hardwick,

R.A., which, along with the buildings containing the library, was

completed in 1845, Queen Victoria attending the inauguration ceremony

(October 13). The chapel, built after the designs of Inigo Jones, was

consecrated in 1623. The library--as a collection of law books the

most complete in the country--owes its foundation to a bequest of John

Nethersale, a member of the society, in 1497, and is the oldest of the

existing libraries in London. Various entries in the records of the

inn relate to the library, and notably in 1608, when an effort was

made to extend the collection, and the first appointment of a master

of the library (an office now held in annual rotation by each bencher)

was made. The library has been much enriched by donations and by the

acquisition by purchase of collections of books on special subjects.

It includes also an extensive and valuable series of MSS., the whole

comprehending 50,000 volumes. The prince of Wales (George V.), a

bencher of the society, filled the office of treasurer in 1904. The

Inns of Chancery affiliated to Lincoln's Inn were Thavie's Inn and

Furnival's Inn. _Thavie's Inn_ was a residence of students of the law

in the time of Edward III., and is mentioned by Fortescue as having

been one of the lesser houses of Lincoln's Inn for some centuries. It

thus continued down to 1769, when the inn was sold by the benchers,

and thenceforth it ceased to have any character as a place of legal

education. _Furnival's Inn_ became the resort of students about the

year 1406, and was purchased by the society of Lincoln's Inn in 1547.

It was governed by a principal and twelve antients. In 1817 the Inn

was rebuilt, but from that date it ceased to exist as a legal

community and is now demolished.

The exact date of _Gray's Inn_ becoming the residence of lawyers is

not known, though it was so occupied before the year 1370. The inn

stands upon the site of the manor of Portpoole, belonging in ancient

times to the dean and chapter of St Paul's, but subsequently the

property of the family of Grey de Wilton and eventually of the crown,

from which a grant of the manor or inn was obtained, many years since

discharged from any rent or payment. The hall of the inn is of

handsome design, similar to the Middle Temple hall in its general

character and arrangements, and was completed about the year 1560. The

chapel, of much earlier date than the hall, has, notwithstanding its

antiquity, little to recommend it to notice, being small and

insignificant, and lacking architectural features of any kind. The

library, including about 13,000 volumes, contains a small but

important collection of MSS. and missals, and also some valuable works

on divinity. Little is known of the origin or early history of the

library, though mention is incidentally made of it in the society's

records in the 16th and 17th centuries. The gardens, laid out about

1597, it is believed under the auspices of the lord chancellor Bacon,

at that time treasurer of the society, continue to this day as then

planned, though with some curtailment owing to the erection of

additional buildings. Among many curious customs maintained in this

inn is that of drinking a toast on grand days "to the glorious, pious

and immortal memory of Queen Elizabeth." Of the special circumstances

originating this display of loyalty there is no record. The Inns of

Chancery connected with Gray's Inn are Staple and Barnard's Inns.

_Staple Inn_ was an Inn of Chancery in the reign of Henry V., and is

probably of yet earlier date. Readings and moots were observed here

with regularity. Sir Simonds d'Ewes mentions attending a moot in

February 1624. The Inn, with its picturesque Elizabethan front, faces

Holborn. It was sold by the antients in 1884 lor £68,000. It is in a

very good state of preservation, and it is the intention of the

purchasers, the Prudential Assurance Company, to preserve it as a

memorial of vanishing London. _Barnard's Inn_, anciently designated

Mackworth Inn, was an Inn of Chancery in the reign of Henry VI. It was

bequeathed by him to the dean and chapter of Lincoln. It is now the

property of the Mercer's Company and is used as a school.

The _King's Inns, Dublin_, the legal school in Ireland, corresponds

closely to the English Inns of Court, and is in many respects in

unison with them in its regulations with regard to the admission of

students into the society, and to the degree of barrister-at-law, as

also in the scope of the examinations enforced. Formerly it was

necessary to keep a number of terms at one of the Inns in London--the

stipulation dating as far back as 1542 (33 Henry VIII. c. 3). Down to

1866 the course of education pursued at the King's Inns differed from

the English Inns of Court in that candidates for admission to the

legal profession as attorneys and solicitors carried on their studies

with those studying for the higher grade of the bar in the same

building under a professor specially appointed for this

purpose,--herein following the usage anciently prevailing in the Inns

of Chancery in London. This arrangement was put an end to by the

Attorneys and Solicitors Act (Ireland) 1866. The origin of the King's

Inns may be traced to the reign of Edward I., when a legal society

designated Collett's Inn was established without the walls of the

city; it was destroyed by an insurrectionary band. In the reign of

Edward III. Sir Robert Preston, chief baron of the exchequer, gave up

his residence within the city to the legal body, which then took the

name of Preston's Inn. In 1542 the land and buildings known as

Preston's Inn were restored to the family of the original donor, and

in the same year Henry VIII. granted the monastery of Friars Preachers

for the use of the professors of the law in Ireland. The legal body

removed to the new site, and thenceforward were known by the name of

the King's Inns. Possession of this property having been resumed by

the government in 1742, and the present Four Courts erected thereon, a

plot of ground at the top of Henrietta Street was purchased by the

society, and the existing hall built in the year 1800. The library,

numbering over 50,000 volumes, with a few MSS., is housed in buildings

specially provided in the year 1831, and is open, not only to the

members of the society, but also to strangers. The collection

comprises all kinds of literature. It is based principally upon a

purchase made in 1787 of the large and valuable library of Mr Justice

Robinson, and is maintained chiefly by an annual payment made from the

Consolidated Fund to the society in lieu of the right to receive

copyright works which was conferred by an Act of 1801, but abrogated

in 1836.

In discipline and professional etiquette the members of the bar in

Ireland differ little from their English brethren. The same style of

costume is enforced, the same gradations of rank--attorney-general,

solicitor-general, king's counsel and ordinary barristers--being

found. There are also serjeants-at-law limited, however, to three in

number, and designated 1st, 2nd and 3rd Serjeant. The King's Inns do

not provide chambers for business purposes; there is consequently no

aggregation of counsel in certain localities, as is the case in London

in the Inns of Court and their immediate vicinity.

The corporation known as the _Faculty of Advocates_ in Edinburgh

corresponds with the Inns of Court in London and the King's Inns in

Dublin (see ADVOCATES, FACULTY OF).

AUTHORITIES.--Fortescue, _De laudibus legum Angliae_, by A. Amos

(1825); Dugdale, _Origines juridicales_ (2nd ed., 1671); _History and

Antiquities of the Four Inns of Court_, &c. (1780, 2nd ed.); Foss,

_Judges of England_ (1848-1864, 9 vols.); Herbert, _Antiquities of the

Inns of Court_ (1804); Pearce, _History of the Inns of Court_ (1848);

_Report_ of the Commissioners appointed to inquire into the Inns of

Court and Chancery, 1855; Ball, _Student's Guide to the Bar_ (1878);

Stow, _Survey of London and Westminster_, by Strype (1754-1755);

Nichols, _Progresses of Elizabeth and James I._; Lane, _Student's

Guide through Lincoln's Inn_ (2nd ed., 1805); Spilsbury, _Lincoln's

Inn, with an Account of the Library_ (2nd ed., 1873); Douthwaite,

_Notes illustrative of the History and Antiquities of Gray's Inn_

(1876), and _Gray's Inn, its History and Associations_ (1886); _Paston

Letters_ (1872); _Law Magazine_, 1859-1860; _Quarterly Review_,

October, 1871; Cowel, _Law Dictionary_ (1727); Duhigg, _History of the

King's Inns in Ireland_ (1806); Mackay, _Practice of the Court of

Session_ (1879); Bellot, _The Inner and Middle Temple_ (1902);

Inderwick, _The King's Peace_ (1895); Fletcher, _The Pension Book of

Gray's Inn_ (1901); Loftie, _The Inns of Court_ (1895); Hope,

_Chronicles of an Old Inn_ (Gray's Inn) (1887); _A Calendar of the

Inner Temple Records_ (ed. F. A. Inderwick, 3 vols.). (J. C. W.)

INNUENDO (Latin for "by nodding," from _innuere_, to indicate by

nodding), an insinuation, suggestion, in prima facie innocent words, of

something defamatory or disparaging of a person. The word appears in

legal documents in Medieval Latin, to explain, in parenthesis, that to

which a preceding word refers; thus, "he, _innuendo_, the plaintiff, is

a thief." The word is still found in pleadings in actions for libel and

slander. The innuendo, in the plaintiff's statement of claim, is an

averment that words written or spoken by the defendant, though prima

facie not actionable, have, in fact, a defamatory meaning, which is

specifically set out (see LIBEL AND SLANDER).

INOUYE, KAORU, MARQUESS (1835- ), Japanese statesman, was born in 1835,

a _samurai_ of the Choshu fief. He was a bosom friend of his

fellow-clansman Prince Ito, and the two youths visited England in 1863,

serving as common sailors during the voyage. At that time all travel

abroad was forbidden on pain of death, but the veto did not prove

deterrent in the face of a rapidly growing conviction that, as a matter

of self-protection, Japan must assimilate the essentials of Western

civilization. Shortly after the departure of Inouye and Ito, the Choshu

fief, having fired upon foreign vessels passing the strait of

Shimonoseki, was menaced by war with the Yedo government or with the

insulted powers, and Inouye and Ito, on receipt of this news, hastened

home hoping to avert the catastrophe. They repaired to the British

legation in Yedo and begged that the allied squadron, then about to sail

for Shimonoseki to call Choshu to account, should be delayed that they

might have an opportunity of advising the fief to make timely

submission. Not only was this request complied with, but a British

frigate was detailed to carry the two men to Shimonoseki, and, pending

her departure, the British legation assisted them to lie _perdu_. Their

mission proved futile, however, and Inouye was subsequently waylaid by a

party of conservative _samurai_, who left him covered with wounds. This

experience did not modify his liberal views, and, by the time of the

Restoration in 1867, he had earned a high reputation as a leader of

progress and an able statesman. Finance and foreign affairs were

supposed to be the spheres specially suited to his genius, but his name

is not associated with any signal practical success in either, though

his counsels were always highly valued by his sovereign and his country

alike. As minister of foreign affairs he conducted the long and abortive

negotiations for treaty revision between 1883 and 1886, and in 1885 he

was raised to the peerage with the title of count, being one of the

first group of _Meiji_ statesmen whose services were thus rewarded.

Prior to his permanent retirement from office in 1898, he held the

portfolios of foreign affairs, finance, home affairs, and agriculture

and commerce, and throughout the war with Russia he attended all

important state councils, by order of the emperor, being also specially

designated adviser to the minister of finance. In 1907 he was raised to

the rank of marquess. His name will go down in his country's history as

one of the five _Meiji_ statesmen, namely, Princes Ito and Yamagata,

Marquesses Inouye and Matsukata and Count Okuma.

INOWRAZLAW, the Polish form of the German _Jung-Breslau_, by which the

place was formerly known, a town in the Prussian province of Posen,

situated on an eminence in the most fertile part of the province, 21 m.

S.W. of Thorn. Pop. (1900) 26,141. Iron-founding, the manufacture of

machinery and chemicals, and an active trade in cattle and country

produce are carried on. In the vicinity are important salt works and a

sulphur mine, and since 1876 a brine bath has been within the town.

Inowrazlaw is mentioned as early as 1185, and in 1772 it passed to

Prussia.

INQUEST (O. Fr. _enqueste_, modern _enquête_, from Lat. _inquisitum_,

_inquirere_, to inquire), an inquiry, particularly a formal legal

inquiry into facts. The word is now chiefly confined to the inquiry held

by a coroner and jury into the causes of certain deaths, in matters of

treasure trove, and, in the city of London, in cases of fires (see

CORONER). Formerly the term was applied to many formal and official

inquiries for fixing prices, &c.

INQUISITION, THE (Lat. _inquisitio_, an inquiry),

Punishment of heresy in the Roman Empire.

Opinions of the Fathers.

In the early Middle Ages.

Conflicting views as to the punishment of heresy.

The Church Councils.

Influence of the Canon Law.

The Council of Tours, 1163.

Definition of the procedure under Lucius III. and the Emperor Frederick

I.

The death penalty.

Innocent III.

the name given to the ecclesiastical jurisdiction dealing both in the

middle ages and in modern times with the detection and punishment of

heretics and all persons guilty of any offence against Catholic

orthodoxy. It is incorrect to say that the Inquisition made its

appearance in the 13th century complete in all its principles and

organs. It was the result of, or rather one step in, a process of

evolution, the beginnings of which are to be traced back to the origins

of Christianity. St Paul (1 Tim. i. 20) "delivered unto Satan"

Hymenaeus and Alexander, "that they might learn not to blaspheme." The

penalty of death by stoning inflicted by the book of Deuteronomy upon

those who deserted the true faith (Deut. xiii. 6-9, xvii. 1-6) is thus

reduced to a purely spiritual excommunication. During the first three

centuries of the Church there is no trace of any persecution, and the

earlier Fathers, especially Origen and Lactantius, reject the idea of

it. Constantine, by the edict of Milan (313), inaugurated an era of

official tolerance, but from the time of Valentinian I. and Theodosius

I. onwards, laws against heretics began to appear, and increased with

astonishing regularity and rapidity. We can count sixty-eight

distributed over fifty-two years; heretics are subjected to exile or

confiscation, disqualified from inheriting property, and even, in the

case of a few groups of Manichaeans and Donatists, condemned to death;

but it should be noticed that these penalties apply only to the outward

manifestations of heresy, and not, as in the middle ages, to crimes of

conscience. Within the Church, St Optatus alone (_De schismate

Donatistarum_, _lib._ iii. cap. iii.) approved of this violent

repression of the Donatist heresy; St Augustine only admitted a

_temperata severitas_, such as scourging, fines or exile, and at the end

of the 4th century the condemnation of the Spanish heretic Priscillian,

who was put to death in 385 by order of the emperor Maximus, gave rise

to a keen controversy. St Martin of Tours, St Ambrose and St Leo

vigorously attacked the Spanish bishops who had obtained the

condemnation of Priscillian. St John Chrysostom considered that a

heretic should be deprived of the liberty of speech and that assemblies

organized by heretics should be dissolved, but declared that "to put a

heretic to death would be to introduce upon earth an inexpiable crime."

From the 6th to the 9th century the heterodox, with the exception of the

Manichaean sects in certain places, were hardly subjected to

persecution. They were, moreover, rare and generally isolated, for

groups of sectaries only began to appear to any extent at the time of

the earliest appearances of Catharism. However, at the end of the 10th

century, the disciples of Vilgard, a heretic of Ravenna, were destroyed

in Italy and Sardinia, according to Glaber, _ferro et incendio_,

probably by assimilation to the Manichaeans. Perhaps this was the

precedent for the punishment of the thirteen Cathari who were burnt at

Orleans in 1022 by order of King Robert, a sentence which has been

commonly quoted as the first action of the "secular arm" (or lay power)

against heresy in the West during the middle ages. However that may be,

after 1022 there were numerous cases of the execution of heretics,

either by burning or strangling, in France, Italy, the Empire and

England. Up till about 1200 it is not quite easy to determine what part

was taken by the Church and its bishops and doctors in this series of

executions. At Orleans the people, supported by the Crown, were

responsible for the death of the heretics; the historians give only the

faintest indications of any direct intervention of the clergy, except

perhaps for the examination of doctrine. At Goslar (1051-1052) the

proceedings were the same. At Asti (1034) the bishop's name appears side

by side with those of the other lords who attacked the Cathari, but it

seems clear that it was not he who had the chief voice in their

execution; at Milan, it was again the civil magistrates, and this time

against the wish of the archbishop--who gave the heretics the choice

between the adoration of the cross and death. At Soissons (1114) the

mob, distrusting the weakness of the clergy, took advantage of their

bishop's absence to burn heretics at the stake. It was also the mob who,

infuriated at seeing him destroy and burn crosses, burnt the heresiarch

Peter of Bruis (c. 1140). At Liége (1144) the bishop saved from the

flames certain persons whom the faithful were attempting to burn. At

Cologne (1163) the archbishop was less successful, and the mob put the

heretics to death without even a trial. The condemnation of Arnold of

Brescia was entirely political, though he was denounced as a heretic to

the secular arm by Bernard of Clairvaux, and his execution was the act

of the prefect of Rome (1155). At Vézelay, on the contrary (1167), the

heretics were burnt after ecclesiastical judgment had been pronounced

by the abbot and several bishops. From 1183 to 1206 Hugh, bishop of

Auxerre, took upon himself the discretionary power of exiling,

dispossessing or burning heretics, while about the same time William of

the White Hands, archbishop of Reims, in concert with Philip, count of

Flanders, stamped out heresy from his diocese by fire. There was a

similar unanimity between the lay and ecclesiastical authorities in the

famous condemnation of the disciples of Amalric of Bena, who were burnt

at Paris in 1209 by order of Philip Augustus after an ecclesiastical

inquiry and judgment. The theory in these matters was at first as

uncertain as the practice; in the 11th century one bishop only, Theodwin

of Liége (d. 1075), affirms the necessity for the punishment of heretics

by the secular arm (1050). His predecessor, Wazo, bishop of Liége from

1041 to 1044, had expressly condemned any capital punishment and advised

the bishop of Chalons to resort to peaceful conversion. In the 12th

century Peter the Cantor[1] protested against the death penalty,

admitting at the most imprisonment. It was imprisonment again, or exile,

but not death, which the German abbot Gerhoh of Reichersperg (1093-1169)

demanded in the case of Arnold of Brescia, and in dealing with the

heretics of Cologne, St Bernard, who cannot be accused of leniency where

heterodoxy was concerned, recommended pacific refutation, followed by

excommunication or prison, but never the death penalty (see BERNARD, ST,

of Clairvaux). In the councils, too, it is clear that the appeal to the

secular arm was equally guarded: at Reims (1049) excommunication alone

is decreed against heretics; and when, as at Toulouse (1119) and the

Lateran council (1139), it is laid down that heretics, in addition to

excommunication, should be dealt with _per potestates exteras_, or when,

as at the council of Reims (1148), the secular princes are forbidden to

support or harbour heretics, there is never any suggestion of capital

punishment. But it must be noticed that from the opening years of the

12th century date the beginnings of a decided evolution in the canon

law, continuing up to the time of Innocent III., which substituted for

arbitrary decisions according to circumstances an organized and

particularized legislation, in which judgment was given _secundum

canonicas et legitimas sanctiones_. Anselm of Lucca and the _Panormia_

attributed to Ivo of Chartres reproduced word for word under the rubric

_De edicto imperatorum in dampnationem hoereticorum_, law 5 of the title

_De hereticis_ of Justinian's code, which pronounces the sentence of

death against the Manichaeans; and we should remember that the Cathari,

and in general all heretics in the West in the 11th and 12th centuries

were considered by contemporary theologians as Manichaeans. Gratian in

the _Decretum_ proclaims the views of St Augustine (exile and fines).

Certain of his commentators (_2^a pars Caus._ xxiii.), and notably

Rufinus Johannes Teutonicus, and the anonymous glossator (in Uguccio's

Great Summa of the _Decretum_) declare that impenitent heretics may, or

even should, be punished by death. As early as 1163, the council of

Tours suggested to the ecclesiastical authorities definite penalties to

be inflicted on heretics, namely, imprisonment and loss of all their

property. Pope Alexander III., who had attended the council of Tours of

1163, renewed at the Lateran council (1179) the decisions which had

already been made with regard to the heterodox in the south of France,

and at Verona in 1184 Pope Lucius III., in concert with the emperor

Frederick Barbarossa, took still more severe measures: obstinate

heretics were to be excommunicated, and then handed over to the secular

arm, which would inflict a suitable penalty. The emperor, on his side,

laid them under the imperial ban (exile, confiscation, demolition of

their houses, _infamia_, loss of civil rights, disqualification from

public offices, &c.). The usage, then, was already quite clear; but the

death penalty had not as yet been demanded or inflicted. Possibly it was

Count Raymond V. of Toulouse, in whose territories heretics abounded,

who in 1194 enacted a law threatening them with the penalty of death;

but the authenticity of this act has been questioned. It was more

probably Peter II. of Aragon who was the first to decree, in 1197, the

punishment of death by burning against the heretics who should not have

left his kingdom within a given time. But it was Innocent III. who gave

the most powerful impetus to the anti-heretical movement in the secular

world by his frequent exhortations (beginning in 1198) to the secular

princes (letters of March 25th, 1199, and September 22nd, 1207). As a

jurist he henceforward assimilated the crime of high treason against God

to that of high treason against temporal rulers, and admitted all the

terrible consequences of this assimilation.

Albigensian Crusade. No regular Inquisition.

The Emperor Frederick II.

Gregory IX. creates the monastic Inquisition.

The Dominicans.

It is therefore incorrect to believe that the Inquisition arose out of,

and at the time of, the crusade against the Albigenses. These executions

_en masse_ certainly created a definitive precedent for violent

repression, but there was still no regular organization: the council of

Toulouse, held in November 1229 by the Roman legate after the treaty of

peace, attempted to organize one, and constituted itself the tribunal.

But the procedure was still uncertain; in the north, from 1200 to 1222,

at Paris (execution of the disciples of Amalric of Bena), at Strassburg,

Cambrai, Troyes and Besançon executions took place, after trials in

which the bishops were the judges, the exercise of the secular power

being based on vague phrases in the decrees of Louis VIII. (that

heretics be punished _animadversione debita_), or in those of Louis IX.,

ordering his _baillis_ or barons to do to them _quod debebunt_. The

emperor Frederick II. defined his jurisprudence more clearly: from 1220

to 1239, supported by Pope Honorius III., and above all by Gregory IX.,

he established against the heretics of the Empire in general a

legislation in which the penalties of death, banishment and confiscation

of property were formulated so clearly as to be henceforth

incontestable. Gregory IX. felt his influence, and also that of the

Dominican Guala, bishop of Brescia, who had subjected his episcopal town

to the full rigour of the imperial laws. The pope no longer hesitated as

to the principle or the degree of repression; but introduced new methods

of inquiry and judgment: he created out of the material furnished him by

the mendicant orders, and especially the Dominicans, who were more

disciplined than the rest and better theologians, the monastic

inquisition, which was more elastic, more constant in its activities and

more numerous than the inquisition by legate, and better disciplined

than the episcopal inquisition. In November 1232 the Dominican Alberic

went round Lombardy with the title of _Inquisitor haereticae

pravitatis_. In 1231 a similar commission was given to the Dominicans of

Friesach and to the terrible Conrad of Marburg, whose zeal in Germany

even exceeded the pope's wishes. In 1233 Gregory IX. addressed a letter

to the bishops in the south of France, in which he announced his

intention of employing the preaching friars in future for the discovery

and repression of heresy.

Beginnings of the Inquisition.

Inquisitorial districts.

The Inquisitors and their auxiliaries.

The inquisition was now regularly instituted, but its jurisprudence was

elaborated by successive additions or limitations, by the force of

custom and the detailed prescriptions added by the papal constitutions.

The pope's commissioners "in the matter of heresy" at first travelled

from place to place. On arriving in a district they addressed its

inhabitants, called upon them to confess, if they were heretics, or to

denounce those whom they knew to be heretics: a "time of grace" was

opened, during which those who freely confessed were dispensed from all

penalties, or only given a secret and very light penance; while those

whose heresy had been openly manifested were exempted from the penalties

of death and perpetual imprisonment. But this time could not exceed one

month. After that began the inquisition. As soon as their mission was at

an end, and heresy was considered to be stamped out, the inquisitors

left the country. Later, inquisitorial districts were formed. The seat

of the Inquisition in each district was the monastery of the order

(Dominican or Franciscan) to which the inquisitors for that part

belonged. There was never any special court or prison: the _murus_

(prison) was lent to the Inquisition by the ecclesiastical or secular

authorities. The maintenance of the prisoners and the duty of providing

the prison fell in principle upon the bishops (council of Toulouse,

1229), but they tried to evade it. The kings of France, and in

particular Louis VIII., granted subsidies to the inquisitors. For each

district the inquisitors were chosen by the provincials of their order,

approved or rejected by the pope, and removable by him only. Their

discretionary powers were absolute. They conducted their interrogations

before two persons (laymen or ecclesiastics) and only pronounced their

sentence after consultation with leading men in the district

(_communicato bonorum virorum consilio_). This was the only protection

for the accused. It was in vain that the civil lawyers tried to prove

that the secular authorities had a right to see the documents bearing on

the case; the Inquisition always succeeded in setting aside these

claims. The share taken in the proceedings by the bishops, the accused

or their representatives, though admitted in principle, was as a rule

merely illusory. The Inquisition had in addition to these _boni viri_

certain other lay assistant officials, its sworn notaries, messengers

and familiars, all of whom were closely bound to it.

Procedure of the Inquisition.

Use of torture.

Punishments.

"Handing over to the secular arm."

Bernard Guy (Bernardus Guidonis),[2] one of the earliest and most

complete exponents of the theory of the Inquisition, admits distinctly

that in its procedure _multa sunt specialia_. The procedure was secret

and in the highest degree arbitrary, proceeding _sine strepitu et figura

judicii_, its object being to ascertain not so much particular offences

as tendencies: the murderers of the inquisitor Peter Martyr[3] were

tried, not as assassins, but as guilty of heresy and adversaries of the

Inquisition; and on the other hand, external acts of piety and verbal

professions of faith were held of no value. Moreover the Inquisition was

not bound by the ordinary rules of procedure in its inquiries: the

accused was surprised by a sudden summons, and as a rule imprisoned on

suspicion. All the accused were presumed to be guilty, the judge being

at the same time the accuser. Absence was naturally considered as

contumacy, and only increased the presumption of guilt by seeming to

admit it. The accused had the right to demand a written account of the

offences attributed to him (_capitula accusationis_), but the names of

the witnesses were withheld from him (Innocent IV.; bulls Cum negocium

and _Licet sicut accepimus_), he did not know who had denounced him, nor

what weight was attached by the judges to the denunciations made against

him. The utmost that was allowed him was the unsatisfactory privilege of

the _recusationes divinatrices_, i.e. at his first examination he was

asked for the names of any enemies of whom he knew, and the causes of

their enmity. Heretics or persons deprived of civil rights (_infames_)

were admitted as witnesses in cases of heresy. Women, children or slaves

could be witnesses for the prosecution, but not for the defence, and

cases are even to be found in which the witnesses were only ten years of

age. Langhino Ugolini states that a witness who should retract his

hostile evidence should be punished for false witness, but that his

evidence should be retained, and have its full effect on the sentence.

No witness might refuse to give evidence, under pain of being considered

guilty of heresy. The prosecution went on in the utmost secrecy. The

accused swore that he would tell the whole truth, and was bound to

denounce all those who were partners of his heresy, or whom he knew or

suspected to be heretics. If he confessed, and denounced his

accomplices, relatives or friends, he was "reconciled" with the Church,

and had to suffer only the humiliating penalties prescribed by the canon

law. If further examination proved necessary, it was continued by

various methods. Bernardus Guidonis enumerates many ways of obtaining

confessions, sometimes by means of moral subterfuges, but sometimes also

by a process of weakening the physical strength. And as a last expedient

torture was resorted to. The Church was originally opposed to torture,

and the canon law did not admit confessions extorted by that means; but

by the bull _Ad extirpanda_ (1252) Innocent IV. approved its use for the

discovery of heresy, and Urban IV. confirmed this usage, which had its

origin in secular legislation (cf. the Veronese Code of 1228, and

Sicilian Constitution of Frederick II. in 1231). In 1312 excessive

cruelty had to be suppressed by the council of Vienna. Canonically the

torture could only be applied once, but it might be "continued." The

next step was the torture of witnesses, a practice which was left to the

discretion of the inquisitors. Moreover, all confessions or depositions

extorted in the torture-chamber had subsequently to be "freely"

confirmed. The confession was always considered as voluntary. The

procedure was of course not litigious; any lawyer defending the accused

would have been held guilty of heresy. The inquiry might last a long

time, for it was interrupted or resumed according to the discretion of

the judges, who disposed matters so as to obtain as many confessions or

denunciations as possible. After the different phases of the

examination, the accused were divided into two categories: (1) those who

had confessed and abjured, (2) those who had not confessed and were

consequently convicted of heresy. There was a third class, by no means

the least numerous, namely, those who having previously confessed and

abjured had relapsed into error. Next came the moment of the sentence:

"there was never any case of an acquittal pure and simple" (H. C. Lea).

The formula for full and complete acquittal given by Bernardus Guidonis

in his _Practica_, should, he says, never or very rarely be employed.

The sentences were solemnly pronounced on a Sunday, in a church or

public place, in the presence of the inquisitors, their auxiliaries, the

bishops, the secular magistrates and the people. This was the _sermo

generalis_ (see AUTO DA FÉ). The accused who had confessed were

reconciled, and the penalties were then pronounced; these were, in order

of severity, penances, fasting, prayers, pilgrimages (Palestine, St

James of Compostella, Canterbury, &c.), public scourging, the compulsory

wearing on the breast or back of crosses of yellow felt sewn on to the

clothes or sometimes of tongues of red, letters, &c. These were the

_poenae confusibiles_ (humiliating). The inquisitors eventually acquired

the right of inflicting fines at discretion. In 1244 and 1251 Innocent

IV. reproved them for their exactions. All these minor penalties could

be commuted for payments in money in the same way as absolution from the

crusader's vow, and the council of Vienna tried to put an end to these

extortions. Beyond these minor penalties came the severer ones of

imprisonment for a period of time, perpetual imprisonment and

imprisonment of various degrees of severity (_murus largus_, _murus

strictus vel strictissimus_). The _murus strictus_ consisted in the

deepest dungeon, with single or double fetters, and "the bread and water

of affliction"; but the severity of the prison régime varied very much.

The _murus largus_, especially for a rich prisoner, amounted to a fairly

mild imprisonment, but the mortality among those confined in the _murus

strictus_ became so high that Clement V. ordered an inquiry to be made

into the prison régime in Languedoc, in spite of Bernard Guy's protest

against the investigation as likely to diminish the prestige of the

inquisitors. After the sentences had been pronounced, the obstinate

heretics and renegades were for the last time called upon to submit and

to confess and abjure. If they consented, they were received as

penitents, and condemned on the spot to perpetual imprisonment; if they

did not consent, they were handed over to the secular arm. When the

heretic was handed over to the secular arm, the agents of the secular

power were recommended to punish him _debita animadversione_, and the

form of recommending him to mercy was gone through. But, as M. Vacandard

says, "If the secular judges had thought fit to take this formula

literally, they would soon have been brought back to a recognition of

the true state of affairs by excommunication." In effect, handing over

to the secular arm was equivalent to a sentence of death, and of death

by fire. The Dominican Jacob Sprenger, provincial of his order in

Germany (1494) and inquisitor, does not hesitate to speak of the victims

_quas incinerari fecimus_ ("whom we [the inquisitors] caused to be burnt

to ashes"). But we must accept the conclusions of H. C. Lea and

Vacandard that comparatively few people suffered at the stake in the

medieval Inquisition. Between 1308 and 1323, Bernard Guy, who cannot be

accused of inactivity, only handed over to the secular arm 42 persons,

out of 930 who were convicted of heresy.

Punishment by confiscation of goods.

Abuse of the system.

Economic and political importance of the system.

From the point of view of jurisprudence of the Inquisition, the

confiscation of the condemned man's property by the ecclesiastical and

secular powers is only the accompaniment to the more severe penalties of

perpetual imprisonment or death; but from the point of view of its

economic history the importance of the confiscation is supreme. The

practice originated in the Roman law, and all secular princes had

already, in their own interest, recognized it as lawful (Frederick

Barbarossa, Decree of Verona; Louis VIII., ordinances of 1226, 1229;

Louis IX., ordinance of 1234; Raymond VII. of Toulouse, &c.). In the

kingdom of France there was a special official, the _procureur des

encours_ (confiscation in the matter of heresy), whose duty it was to

collect the personal property of the heretics, and to incorporate their

landed estates in the royal domain; in Languedoc crying abuses arose,

especially under the reign of Alphonse of Poitiers. Soon the papacy

managed to gain a share of the spoils, even outside the states of the

Church, as is shown by the bulls _ad extirpanda_ of Innocent IV. and

Alexander IV., and henceforward the inquisitors had, in varying

proportions, a direct interest in these spoliations. In Spain this

division only applied to the property of the clergy and vassals of the

Church, but in France, Italy and Germany, the property of all those

convicted of heresy was shared between the lay and ecclesiastical

authorities. Venice alone decided that all the receipts of the Holy

Office should be handed over in full to the state. Clement V., in his

attempted reform and regularization of inquisitorial procedure,

endeavoured to reduce the confiscations to a fairly reasonable minimum,

and in 1337-1338 a series of papal inquiries was held into this

financial aspect of the matter. The Assize of Clarendon, the

Constitutions of Frederick II. (1232) and of Count Raymond of Toulouse

(1234) had also come to a joint decision with the councils on this

question. King Charles V. of France prevailed upon the papacy to abolish

this regulation (1378). Confiscation was, indeed, most profitable to the

secular princes, and there is no doubt that the hope of considerable

gain was what induced many princes to uphold the inquisitorial

administration, especially in the days of the decay of faith. The

resistance of the south of France to the Capetian monarchs was to a

large extent broken owing to the decimation of the bourgeoisie by the

Inquisition and their impoverishment by the extortions of the _encours_.

The same was the case in certain of the Italian republics; while in

districts such as the north of France, where heretics were both poor and

few and far between, the Inquisition did not easily take root, nor did

it prove very profitable. These confiscations, the importance of which

in the political and economic history of the middle ages was first shown

fully by H. C. Lea, were a constant source of uncertainty in

transactions of all kinds; there was, for instance, always a risk in

entering into a contract in a place where the existence of heretics was

suspected, since any contract entered into with a heretic was void in

itself. Nor was there any more security in the transmission of

inheritances for posthumous trials were frequent; the _Liber

sententiarum inquisitionis_ of Bernardus Guidonis (1307-1323) records

sentences pronounced after death against 89 persons during a period of

15 years. But not only was their property confiscated and their heirs

disinherited; they were subject to still further penalties. Frederick

II. extended to heresy the application of the Roman law disqualifying

from holding office, and even included under its operation the children

and grandchildren of the guilty man. Alexander IV. and Boniface VIII.

lightened the severity of this law, and removed certain

disqualifications, notably in the case of ecclesiastical offices and

property.

Condemnation of books.

Among other accessory penalties, we must notice the condemnation of

books. There were many precedents for this: Constantine had had the

Arian writings burnt, Theodosius II. and Valentinian III. those of the

Nestorians and Manichaeans, Justinian the Talmud. In 1210 were burnt the

books of David of Dinant and the Periphyseon of Aristotle. In 1255 the

_De periculis novissimorum temporum_ of William of St Amour[4] was burnt

by order of Pope Alexander IV., and from 1248 to 1319 was pronounced a

series of condemnations of the Talmud. Nicholas Eymerich (c. 1320-1399),

the Spanish inquisitor, demanded from Pope Gregory XI. the condemnation

of Raymond Lully's books, and in 1376 obtained it, but before long the

Lullists returned into favour with the pope and Eymerich was banished.

This rebuff suffered by an inquisitor shows how uncertain the censure of

books still was, even in a country where in less than two centuries'

time it was to become one of the chief spheres of inquisitorial

activity.

Sorcery and magic.

The definite object of the Inquisition was the prosecution of heresy;

but its sphere of action was gradually extended by the theologians and

casuists until sorcery and magic ranked with dogmatic heresy. The

council of Valence (1248) dealt with sorcerers as well as sacrilegious

persons, but did not treat them as heretics. Alexander IV. went further,

declaring that divination and sorcery should only come within the

competence of the inquisitor when they directly affected the unity or

faith of the Church (9th December 1257; cf. bull _Quod super nonnullis_,

10th January 1260). Cases of simple sorcery were left to be dealt with

by the ordinary judges. The distinction was very subtle, but it was not

tampered with until 1451, at which date Nicholas V. gave the inquisitor

Hugues Lenoir the cognizance of cases of divination, even when the crime

did not savour of heresy. In dealing with such a subtle question, great

variations had naturally arisen in practice, and the repression of

sorcery was carried on jointly by the inquisitors, the bishops and the

secular courts. John XXII., in consequence of a perfect epidemic of

sorcery about 1320, handed over to the inquisitors for a time

(1320-1333) all cases of crimes involving magic; but this measure was

temporary and exceptional and only confirms the rule. There were various

occasions during the middle ages when men's minds became infatuated, and

it seemed as if the scourge of magic were likely entirely to destroy the

Catholic faith; and during such times, morbidly infected with fear and

the spirit of persecution, the ecclesiastical judges regained all their

prestige. One of these crises culminated in the affair of the

"Vauderie"[5] of Arras (1459), in which twelve unfortunates perished at

the stake; and there were similar occurrences at the same period in

Dauphiné and Gascony; of this nature again was the violent persecution

in the Germanic countries begun by the bull _Summis desiderantes_ of

Innocent VIII. (5th December 1484), in the course of which the two

authors of the _Malleus maleficorum_, the inquisitors Sprenger and

Institoris (Heinrich Krämer), distinguished themselves as much by their

knowledge of theoretical demonology as by their zeal as persecutors. In

France the secular authority was not long in claiming and obtaining

jurisdiction over sorcerers (parlement of Paris, 1374), and as early as

1378 the university of Paris gave judgment in a case of demonology.

Those unfortunates who were charged with sorcery gained, however,

nothing by this change of jurisdiction, for they were invariably put to

death.

The Inquisition and the Jews.

The inquisitors could not take proceedings against Jews as such. They

might profess their religion and observe its rites without being in a

state of heresy; they were only heretic when they attacked the Christian

faith or community, made proselytes, or returned to Judaism after being

converted. Further, those who practised usury were "suspected of not

holding very orthodox doctrine as to theft" (Vacandard), and on this

account the Inquisition gained a hold on them. Pope Martin V. (6th

November 1419) authorized inquisitors to take proceedings against

usurers.

Treatment of heresy in the various countries.

England.

Scotland.

Ireland.

But these are merely extensions of competence resulting from the works

of the casuists; the Inquisition was primarily the instrument for the

repression of all kinds of breaches of orthodoxy. Its work in this

capacity we will now describe in outline for each of the great countries

of medieval Christendom. England, whether before or after the

establishment of the Inquisition, had but few trials for heresy and,

particularist in this as in all her religious activity, judged them

according to her own discipline, without asking Rome for laws or special

judges. In 1166, a few heretics having been apprehended, Henry II.

called a council at Oxford and summoned them to appear before it; they

all confessed, and were condemned to be scourged, branded on the face

with the mark of a key, and expelled from the country, and by the 21st

article of the Assize of Clarendon the king forbade any one to harbour

on their lands or in the house any "of that sect of renegades who had

been excommunicated at Oxford." Any one offending against this law was

to be "at the king's mercy" and his house was to be "carried outside the

town and burnt." The sheriffs were obliged to swear observance of this

law and to require a similar oath from all barons' stewards, knights and

free tenants. This was the first civil law against heresy since the end

of the Roman empire, and preceded the famous rescripts of Frederick II.

against sectaries in the 13th century. It should, however, be noted that

the political acts of Henry II. and Frederick II. drew down the most

explicit condemnation of the church. Orthodoxy remained almost

unimpaired in England up till the time of Wycliffe. Apparently neither

the Catharist, Waldensian nor Pantheistic heresies gained any footing in

Great Britain. The affair of the Templars in France, which was quite

political, was repeated in England: Clement V. having ordered their

arrest, Edward II., after much hesitation, gave orders to the sheriffs

to execute it and then decided that the _ecclesiastical law_ should be

applied. The papal inquisitors sent to England met with a bad reception,

and the pope was obliged to forbid them to use torture, which was

contrary to the laws of the kingdom. It was found impossible to

establish the Templars' guilt and only canonical penalties were

inflicted on them. The rising of the Lollards having alarmed both the

church and the state, the article _De haeretico comburendo_ was

established by statute in 1401, and gained a melancholy notoriety during

the religious struggles of the 16th century; it seems to have been not

so much a measure for the safeguarding of dogma as a violent assertion

of the secular absolutism. It was not till 1676 that Charles II. caused

it to be abrogated, and obtained a decision that in cases of atheism,

blasphemy, heresy, schism and other religious offences, the

ecclesiastical courts should be confined to the penalties of

excommunication, removal from office, degradation and other

ecclesiastical means of censure, to the exclusion of the death penalty.

Scotland was much later than England in giving up persecution and

bloodshed; and so late as 1696 a student of medicine aged eighteen and

named Aikenhead was accused of heresy and hanged at Edinburgh. In

Ireland Richard de Lederede or Ledred, a Franciscan and bishop of

Ossory, in 1324 prosecuted on suspicion of heresy and for sorcery a

certain Dame Alice Kettle or Kyteler and her accomplices, Petronilla of

Meath and her daughter Bassilla, who were accused of holding "nightly

conference with a spirit called Robert Artisson, to whom she sacrificed

in the high way nine red cocks and nine peacocks' eyes." The lady had

powerful connexions, and her brother-in-law, Arnold le Powre, seneschal

of Kilkenny, even went so far as to imprison the bishop. But in spite of

the refusal of the secular authorities to co-operate with him, the

bishop was strong enough to force them in 1325 to burn some of the

accused. Dame Kettle herself, however, who had been cited to appear at

Dublin before the dean of St Patrick's, escaped with the assistance of

some of the nobles to England. Meanwhile the bishop, who had attempted

to involve Arnold le Powre in the same charge, became involved in a

quarrel with the administrators of the English government in Ireland;

counter charges were brought against him, he was excommunicated by his

metropolitan, Alexander de Bicknor, archbishop of Dublin; and in

defiance of the king's commands, after publishing counter charges

against the archbishop, he appealed to Rome and left the country. In

1335 Benedict XII. wrote to Edward III. deploring the absence of any

inquisition in the king's dominions, and exhorting him to lend the aid

of the secular arm in repressing heresy. Archbishop Alexander, who in

1347 was denounced as an abettor of heresy, died in 1349, and his

successor was ordered to chastise those heretics who had taken refuge in

the diocese from Richard de Lederede's violence, and whom his

predecessor had protected. Finally, in 1354, Richard de Lederede himself

was allowed to return to his diocese, where his zeal for persecution

does not, however, seem to have found much further scope. He died in

1360.

France.

The scene of the activities of the monastic Inquisition in France lay

chiefly in the south. The repression of the Albigensian heresy (see

ALBIGENSES) went on even when its importance had quite disappeared. The

chronicle of the inquisitor Guilhem Pelhisso (d. 1268) shows us the most

tragic episodes of the reign of terror which wasted Languedoc for a

century. Guillaume Arnaud, Peter Cella, Bernard of Caux, Jean de St

Pierre, Nicholas of Abbeville, Foulques de St Georges, were the chief of

the inquisitors who played the part of absolute dictators, burning at

the stake, attacking both the living and the dead, confiscating their

property and land, and enclosing the inhabitants both of the towns and

the country in a network of suspicion and denunciation. The secular

authorities were of the utmost assistance to them in this task; owing to

the confiscations, the crown had too direct an interest in the success

of the inquisitorial trials not to connive at all their abuses. Under

the regency of Alphonse of Poitiers Languedoc was regularly laid under

contribution by the _procureur des encours_. There were frequent

attempts at retaliation, directed for the most part against the

inquisitors, and isolated attacks were made on Dominicans. In 1234-1235

there were regular risings of the people at Albi and Narbonne, which

forced the inquisitors to retreat. In 1235 the inquisitors were driven

out of Toulouse. These risings were followed by terrible measures of

repression, which, in turn, led to violent outbreaks on the part of the

relatives, friends or compatriots of the sufferers. During the night of

the 28th or 29th of May 1242 the inquisitors and their agents were

massacred at the castle of Avignonet. This massacre led to a persecution

which went on without opposition and almost without a lull for nearly

fifty years. At the beginning of the 14th century the terrified people

found a defender in the heroic Franciscan Bernard Délicieux. For a

moment King Philip the Fair and Pope Clement V. seemed to interest

themselves in the misfortunes of Languedoc, and the king of France sent

down reformers; but they had no effect, their activity being restrained

by the king himself, who was alarmed at a separatist movement which was

arising in Languedoc. The work of repression which followed this moment

of hope was carried out, between 1308 and 1323, by the inquisitor

Bernard Guy, and completed the destruction of the Catharist heresy, the

appearances of which after the middle of the 14th century became less

and less frequent. Other heretics, for a time at least, took their

place, namely the Spirituals, who had developed out of a branch of the

Franciscans, and were remotely disciples of Joachim, abbot of Floris

(q.v.), and whom their rigid rule of absolute poverty led, by a reaction

against the cupidity of the ordinary ecclesiastics, to repudiate any

hierarchy and to uphold the doctrines of Peter John de Oliva against the

word of the pope. On the 17th of February 1317 John XXII. condemned all

these irregular followers of St Francis, "_fraticelli, fratres de

paupere vita, bizochi_ or _beghini_," and the Inquisition of Languedoc

was at once set in motion against them. Four _spirituales_ were burnt at

Marseilles in 1318, and soon the persecution was extended to the

Franciscan _beguins_ or _tertiarii_, many people being burnt about 1320

at Narbonne, Lunel, Béziers, Carcassonne, &c. The persecution stopped

for lack of an object, for the small groups of beguins were soon

destroyed, and those of the _Spirituales_ who were not sent to the stake

or to prison were compelled by the papacy to enter other orders than the

Franciscan. The Waldenses (q.v.) were more difficult to destroy:

originally less dangerous to the church than the Cathari, they resisted

longer, and their dispersal in scattered communities aided their long

resistance.

In the north of France the workings of the Inquisition were very

intermittent; for there were fewer heretics there than in the south, and

as they were poorer, there was less zeal on the part of the secular arm

to persecute them. At its outset, however, the Inquisition in the north

of France was marked by a series of melancholy events: the inquisitor

Robert le Bougre, formerly a Catharist, spent six years (1233-1239) in

going through the Nivernais, Burgundy, Flanders and Champagne, burning

at the stake in every place unfortunates whom he condemned without a

judgment, supported as he was by the ecclesiastical authorities and by

princes such as Theobald of Champagne. The pope was forced to put a

check on his zeal, and, after an inquiry, condemned him to imprisonment

for life. We know that there were inquisitors settled in Île de France,

Orléanais, Touraine, Lorraine and Burgundy during the 12th century, but

we know next to nothing of what they did. In the 14th century, the

Flemish and German heresies of the Free Spirit made their appearance in

France; in 1310 a heretic named Marguerite Porette was burnt at Paris,

and in 1373 another named Jeanne Daubenton, both of whom seem to have

professed a kind of rudimentary pantheism, the latter being the head of

a sect called the Turlupins. The Turlupins reappeared in 1421 at Arras

and Douai and were persecuted in a similar way. But in the 15th century,

with the exception of a few condemnations aimed against the Hussites,

the Inquisition acted but feebly against heresy, which, as in the famous

case of the "Vauderie" of Arras, was often nothing but fairly ordinary

sorcery.

From the middle of the 14th century onward, the parlement had taken upon

itself the right of hearing appeals from persons sentenced by the

Inquisition. And the University again, by its faculty of theology,

escaped the jurisdiction of the Inquisition. It was these two great

bodies which at the time of the Reformation took the place of the

Inquisition in dealing with heresy.

Italy.

In Italy heresy not infrequently took on a social or political

character; it was sometimes almost indistinguishable from the opposition

of the Ghibellines or the communalist spirit of independence. Lombardy,

besides a number of Cathari, contained a certain number of

vaguely-defined sects against whom the efforts of the Apostolic Visitors

sent by Innocent III. were not of much effect. From the very earliest

days of the Inquisition, John of Vicenza, Roland of Cremona and Rassiero

Sacchoni directed their persecutions against Lombardy, and especially

against Milan. St Peter Martyr, who was conspicuous for his bigoted

violence, was assassinated in 1252. On the 20th of March 1256 Alexander

IV. ordered the provincial of the friar preachers of Lombardy to

increase the number of inquisitors in that province from four to eight.

At Florence both heresy and Ghibellinism were alike crushed by the

terrible severities of Fra Ruggieri, and indulgences were promised to

all who should aid in the extinction of heresy in Tuscany. Certain

districts revolted against this violence, which threatened to devastate

Italy as it had devastated Provence; in 1277 Fra Corrado Pagano was

killed on an expedition against the heretics of the Vattelline, and two

years after the people of Parma rose against the inquisitors. Besides,

this reign of terror only raised to a furious pitch the passionate and

independent piety of the Italian peoples. The body of a heretic, Armanno

Ponzilupo, who was killed at Ferrara in 1269, was venerated by the

people, and his mediation was even invoked, until the Inquisition had to

suppress this cult. But it had a harder struggle against the successes

of Gerard Legarelli, and especially Dolcino (see APOSTOLICI), which only

came to an end after a long and difficult trial of the adepts of the

Messianist sect of Guglielma, some of whom belonged to the noble

families of Lombardy. Up till the beginning of the 14th century,

however, the power of the Inquisition steadily increased, and at this

period Zanghino Ugolini appeared as the most skilful exponent of its

theory and procedure. About the same time Charles of Anjou introduced

the Inquisition into the Two Sicilies, but it could rarely effect

anything there; the religious cohesion of the country was weak, and

refugees were sure of safe hiding, both Waldenses and Fraticelli being

frequently harboured there. When Sicily passed into the hands of Peter

III. of Aragon, moreover, it came into a position of open hostility to

the Holy See and became a refuge for heretics.

Venice always preserved its autonomy as regards the repression of

heresy; she was perfectly orthodox, but remained entirely independent of

Rome; Innocent IV. sent inquisitors there, but the heretics continued

actually to be subject to the secular tribunals. In 1288 a compromise

was arrived at, and the papal Inquisition was admitted into the

republic, but only on condition that it should remain under the control

of the secular power; thus there was established a mixed régime which

survived till the last days of the Venetian state. In Savoy the

Inquisition constantly carried on severe measures against the Waldenses

of the Alps. During the 14th and 15th centuries there was an

uninterrupted succession of trials.

States of the Church.

As regards the papal states, "it was in the nature of things that, by a

confusion of the two personages, the pope should consider all opposition

to him _qua_ Italian prince as resistance offered to the head of the

church, i.e. to the church" (Ch. V. Langlois). The Colonna had a

personal animosity against the Gaetani; therefore Boniface VIII., a

Gaetano, declared the Colonna to be heretics. Rienzi was accused of

heresy for having questioned the temporal sovereignty of the pope at

Rome. The Venetians, who in 1309 opposed the annexation of Ferrara by

Clement V. to the detriment of the house of Este, were proclaimed

heretics and placed under the ban of Christendom. Savonarola was

attacked because he interfered with the policy of Alexander VI. at

Florence. It was this same desire for the hegemony of Italy which

inspired the attitude of the popes throughout the middle ages, causing

them to excommunicate, apparently without reason so far as doctrine was

concerned, the Visconti of Milan, the Della Scala of Verona, the

Maffredi of Faenza, &c., and prompting them to lay under an interdict or

preach a crusade against certain rebellious great towns (Clement V.

against Venice, John XXII. against Milan). Further, in each of the great

cities of Lombardy and Tuscany, the papal party directed the local

inquisition, and this power was rarely abused.

Germany.

In Germany heresies, especially of a mystical character, were numerous

in the middle ages; some of them affected the mass of the people, and

led to religious and social movements of no little importance. The

repression of heresy went on by fits and starts, and the Inquisition was

never exercised so regularly in the Germanic as in certain of the Latin

countries. At the outset of the 13th century persecutions of the

Waldenses and Ortlibarii (followers of Ortlieb of Strassburg, c. 1200)

took place at Strassburg; measures were taken locally until, in 1231,

Gregory IX. issued definite instructions to the German prelates with a

view to a regular repression of heresy, and gave full powers to execute

them to Conrad of Marburg. Certain nobles having offered him

resistance, he preached a crusade against them, but died by the hand of

an assassin. The council of Mainz (April 1234) dealt gently with

Conrad's murderers, but severely with the false witnesses whom he had

employed. Shortly before (February 1234), the diet of Frankfort had

decided, in spite of the pope's injunctions, that the destruction of

heresy should be entrusted to the ordinary magistrates. And besides,

thanks to the struggle between the Empire and the papacy, the German

prelates always limited the prerogatives of the papal Inquisition.

Again, by the municipal laws of the north (_Sachsenspiegel_) the

ecclesiastical jurisdiction in the matter of heresy was very much

limited, while the _Schwabenspiegel_ (municipal laws for southern

Germany) does not seem to be aware of the existence of any inquisitional

jurisdiction or procedure. When in the 14th century communities of

Beghards developed with extraordinary rapidity, it was the episcopal

authority, both at Cologne and Strassburg, which undertook to deal with

these groups of sectaries, and at the very height of the conflict

between the Empire and the papacy. Marsilius of Padua, the theoretical

exponent of the imperial rights, attributes to the secular judge the

right and obligation to punish heresy, the priest's rôle being merely

advisory. In 1353 Innocent VI. tried to implant the papal Inquisition in

Germany once for all; its success was but short, and Urban V.'s attempt

in 1362 succeeded little better, in spite of the fact that Charles IV.

(edicts of Lucca, June 1369) gave him the support of the secular power.

Towards 1372, however, Gregory XI. succeeded in regularizing the

exercise of the powers of the papal inquisitors on German soil; and the

latter, notably Kerlinger, Hetstede, &c. set to work to destroy the

communities of the Beghards, to burn their books, to close those

_beguinages_ which were under suspicion, and to check by more or less

violent means mystical epidemics such as those of the "flagellants,"

"dancers," &c. But these measures provoked angry protests from the

people, the secular magistrates and even the bishops, so that Gregory

XI., perceiving that he was face to face with the popular party, invited

the bishops to control the inquiries of his own envoys. At the end of

the 15th century the two inquisitions were acting concurrently.

Bohemia.

In Bohemia and the provinces subject to it the Waldenses had found their

chosen country, and by the middle of the 13th century their propaganda

was very flourishing. In 1245 Innocent IV. ordered the bishops to

prosecute them with the aid of the secular arm, and in 1257, at the

request of King Premysl Ottokar II., Alexander IV. introduced the

Inquisition into Bohemia. But from this date till 1335 inquisitorial

missions succeeded one another without effecting any sensible diminution

in the material and moral strength of the heresy. The Waldenses had been

joined by other sectaries, the Luciferani, and especially the Brethren

of the Free Spirit. It was in vain that the bishops of Bohemia and

Silesia carried on during the second half of the 14th century an active

campaign against heresy; the spirit of criticism which had arisen with

regard to the morals, and even to the dogmas of the church, was already

preparing the way for Hussitism.

The Balkan States.

In the regions east of the Adriatic, Catharism, the first communities of

which had very probably settled here, was supreme in the time of

Innocent III. and Honorius III. The first Dominicans who established

themselves in these parts had much to suffer from the aggression of

those very heretics whom they had come to convert. Gregory XI.,

implacable in his persecution of Catharism, preached a crusade against

them in 1234, and Bosnia was laid waste by fire and sword. But in spite

of these violent measures Catharism only gained strength in the churches

of Bulgaria, Rumania, Slavonia and Dalmatia. In 1298 Boniface VIII.

tried to organize the Inquisition there, but the project remained

fruitless. The attempt was revived in 1323 by John XXII. with doubtful

success. The persecutions undertaken in the 14th and 15th centuries

merely resulted in binding the Cathari to the invading Turks, with whom

they found more tolerance than with the Slav princes converted to Roman

orthodoxy.

Spain.

Encyclopaedia Britannica, 11th Edition, "Indole" to "Insanity" Volume 14, Slice 5 · 第 8 / 10 章