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 INQUISITION

38

INSANE

latter are held exempt. For its authority, see the aforesaid Constitution of Sixtus V " Immensa Eeterni " (see Roman Congregations).

(A) Sources. — Molinier. U Inquisition dans le midi de la France au XIII' et XIV' sicdes. Etude sur les sources de son histoire (Paris, 1880); cf. DouAls in Revue des questions hist., XXX (1881). The most important sources are papal docu- ments — Bulls, Constitutions, Briefs; decisions of councils; codes of canon law. Scarcely less important for a knowledge of medieval Inquisition procedure are the so-called Manuals of the inquisitors. Of these may be mentioned: Processus inguisUionis, dating from about 1244, new ed. in Vacandard, op. cit. infra, Appendix A; Qitcesliones dotnini Guidonis Fulcodii et responsiones eius — Guy Foucois later became pope under title Clement IV — written about 1254, ed. in Cesare Carena, Tractatus de officio ss. inquisitionis (1669), pp. 367-93; Bemardi Guidonis Practica officii inquisitionis h(Breticce pravitatis, ed. DouAis (Paris, 1886); Doctrina demodo procedendi contra hcereti- cos, written about 1275, ed. in Martexe. Thesaurus novus Anec- dotoTum,'V, 1797-1822; Eymeric, Directorium inquisitorum, written about 1376 and edited several times: an appendix con- tains Litterce apostolicce pro officio inquisitorum; Dou.ais, La Procedure inquisitionale en Languedoc au XIV' sii-cle (Paris, 1900) . The following are extensive documentary compilations : DouAls, Documents pour servir h I histoire de V Inquisition de Languedoc (2 vols., Paris. 1900); Dollinger, Beitrage zur Sektengeschichte des Mittelalters (2 vols., Mxuiich, 1890), with which compare Reiue historique, LIV, 155 sqq. ; Fredericq, Cor- pus documentorum inquisitionis hceretica pravHalis Neerlandicce (7^05-/525) (4 vols., Ghent, 1889-1900); Schaefer. Bcifrtiffe zur Geschichte des Protestaniismus und dcr Inquisition im 16. Jahrhunderl. Nach den Originalakten in Madrid und Simancas bearbeitet (3 vols., Gutersloh, 1902).

(B) Special Studies. — Langlois, L' Inquisition d'apres les travaux recents (Paris, 1902); Fredericq, Historiographie de V Iriquisition, introduction to the French and German trans- lation of Lea, History of the Inquisition- Havet, L'heresie et le bras seculier au moyen dffe jusqu^au XIII' siecle in Biblioth^que de Vecole des Charles. XLI, 488-517, 570-607; Vacandard, L' Inquisition. Etude historique et critique sur le pouvoir coercitif de I'Eglise (Paris, 1907), cf. Paulus, Zur Beurteilung der Inqui- sition, literary supplement to Kolnische Volkszeitung (1907), no. 14; tr. CoNWAT (New York, 1908); DouAls, L' Inquisition. Sesorigines. Sa procedure (Psins. 1906); Lea, A History of the Inquisition in the Middle Ages (3 vols., New York, 1888), French tr. by Reinach (Paris, 1900); German tr. by Hansen. I (Bonn, 1905). Concerning this work see Blotzeb in Histo- risches Jahrbuch, IX (1890), 322 sqq. — " a history of the Inquisi- tion, corresponding to the requirements of calm, objective historical research, is unfortunately yet unwritten;" Finke, ibid., XIV (1893), 332; Vacandard, op. cit. p. viii— "The history of the Inquisition remains yet to be written. Despite evidences of intellectual honesty Lea is to be read with caution. He is loyal, it may be, but not impartial, and only too often be- trays his pre.iudices and suspicions in respect of the Catholic Church. This attitude at times affects gravely his reputation as a critic." N. Paulus, too, finds (loc. cit.) that Lea is "not sufficiently reliable", and that his assertions "must be carefully sifted". Baumgahten, Die Werke von Henry Charles Lea (Miinster, 1908), — tr. Wagner (New York) — took upon him- self the unpleasant but serviceable task of investigating the method of H. C. Lea. It transpires, not only that the earlier critics of Lea were entirely justified, but also that the inaccura- cies of the German translator Joseph Hansen, city archivist of Cologne, are greater and more numerous than those contained in the original work. The same defects characterize another work of Lea, History of the Inquisition in Spain (4 vols., Lon- don and New York, 1906-7); cf. Baumgahten, loc. cit.. pp. 91 sqq., and Hist. Jahrbuch, XXIV (1903), 583-97. See also Orti y Lara, La Irujuisicidn (1888) — cf. Grisar in Theol. Zeit- schrift (1879), 548 sqq., and Knopfler in Hist. pol. Blatter, XC, XCV; RoDRloo, Hisloria verdadera de la Inquisiciiin (3 vols.. Madrid, 1876-7). An extensive bibliography will be found in the manuals of canon law, e. g., Hinschius, Kirchen- rechl, V (1895), 449 sqq.; VI (1897), 328 sqq.

JCSEPH BlOTZER.

Inquisition, Canonical, is either extra-judicial or judicial: the former might be likened to a coroner's inquest in our civil law; while the latter is similar to an investigation by the grand jury. An extra-judi- cial inquiry, which is recommended in civil cases, is absolutely necessary in crimiiKil matters, except the case be nntoriou.t. A bishop ni:iy nu( even adinonish canonically a cleric supposedly delinquent without having first institutcd.'i summary in((uest— "summaria facti cognitio"; "informatio pro informiitionecuriie" — into the truth of the rumours, demuieiations, or ac- cusations against said cleric. This examination is conducted by the l)ishop personally, or by another ecclesiastic, prudent, trustwortliy, and impartial, de- puted tiy the bishop, :is scerctiv iind discreetly as pos- sible, without judiriid form. This, however, does not preclude the examination of witnesses or experts, for example, to discover irregularities in the records or

accounts of the Church. Great caution is to be ob- served in this preliminary inquiry, lest the reputation of the cleric in question suffer unnecessarily, in which case the bishop might be sued for damages. The acts with the result of the inquisition, if any evidence has been found, should be preserved in the archives; if evidence is wanting or is only slight, the acts should be destroyed.

The outcome of the preliminary investigation will be to leave matters as they are ; or to proceed to extra- judicial corrective measures; or to begin a public action, when the evil cannot be otherwise remedied. The bishop's judgment in this matter is paramount; for, even when a crime may be satisfactorily proven, it may be more beneficial to religion and the interests at stake not to prosecute. In matters of correction proper, in which medicinal penalties are employed, judicial action is barred by limitation in five years. The second inquisition is for the information of the auditor or judge, a judicial inquiry, being the begin- ning of the strictly judicial procedure — " processus in- formativus " ; " inquisitio pro informando judice ". If sufficient warrant for a judicial trial exist, the bishop will order his public prosecutor (procurator fisccdis) to draw up and present the charge. Having received the charge, the bishop will appoint an auditor to con- duct the informative procedure, in which all the evi- dence bearing on the case, for the defence as well as for the prosecution, is to be obtained. This inquest con- sequently comprises offensive and defensive proceed- ings, for the auditor is to arrive at the truth, and not conduct the inquiry on the supposition that the de- fendant is guilty.

When the auditor, assisted by the diocesan prose- cutor, has procured all the evidence available for the prosecution, he will open the defensive proceedings with tlie citation (q. v.) of the accused. 'The accused must appear in person (see Conttimacy) for examina- tion by the auditor: the fiscal prosecutor may be present. He is not put under oath, and is granted perfect freedom in defending himself, proving his innocence, justifying his conduct, alleging mitiga- ting or extenuating circumstances. All declarations, allegations, exceptions, pleas, etc., of the defendant are recorded by the clerk in the acts. They are read to the defendant and corrected, if necessary, or addi- tions made. Finally, the accused, if willing, the auditor, and the secretary should sign the acts. A stay must be granted the accused, if he demand it, to present a defence in writing. This inquiry may open up new features, to investigate which stays may be necessary. The accused must be heard in his own defence after this new inquiry. When satisfied that the investigation is complete, the auditor will declare the inquest closed, and make out an abstract of the results of same. This abstract together with all the acts in the case are given to the diocesan prosecutor. Thus ends the judicial inquisition.

Instructio S. C. BE. RR., 1880 : Inslructio S. C. de Prop. Fide pro Statibus Facdcratis Americce Septentrionalis, 1884; Meehan, Compendium juris canonici (Rochester, 1899), p. 241 sqq.; Dhoste-Messmer, Canonical Procedure in Disciplinary and Criminal Cases of Clerics (New York, 1886).

Andrew B. Meehan.

Inqiiisitor. See Inquisition.

Insane, Asvuims and Care for the. — During the seventeenth and eighteenth centuries hospital care of the sick of all kinds and nursing fell to the lowest ebb in history (see Hospitals). Institutions and care for the insane, not only shared in this decadence, but were its worst feature. Bee:uise of this, many writers have declareil that proper ciire for the insane and suitable institutions develojied only in recent generations. As the Church had much to do with humanitarian efforts of all kinds in the past, it has been made a subject of reproach to her. As a matter of fact the Church, from the earliest times, arranged