It was by Pope Innocent IV. (A. D. 1251,) that the in quisitorial courts were introduced into Romania, Lombardy, Marca Trevigiana, and the other Italian provinces, more immediately under the authority or influence of the Holy See. About the year 1484, they were established in Spain, and in Portugal in the year 1537. In the following ooser vations, however, we shall confine ourselves, in a great degree, to the inquisition as it exists in Spain.
At the head of the inquisition in Spain stands the inqui sitor-general. This high officer is appointed, nomi»ally, by the king, but in reality by the Pope ; for the Holy Sec enjoys the privilege of a veto upon the election of the sovereign, a privilege which on certain suitable and well chosen occasions it has not failed to exercise. The su preme inquisitor cannot proceed one step in the discharge. of his office, till he has received the confirmation of the Pontiff. When thus elected, and thus confirmed, the in quisitor-general appoints the subordinate inquisitors; but. in this last instance, the nomination of tile supreme in quisitor is subject to the review of the king. Besides the inquisitor-general, there are five councillors, who have the title of apostolical inquisitors : it belongs to them to de liberate upon all affairs with the inquisitor-general ;to settle disputes among the particular inquisitors ; to punish the familiars attached to the institution, and to receive ap peals ; and these officers, together with an advocate fis• al, two secretaries, and other inferior functionaries, consti tute the supreme council or high court of the inquisition in Spain. This supreme council meets every day (with the exception of holidays) in the royal palace ; and such is the ascendancy which the Holy Office has acquired, that the king of Castile, before his coronation, subjects him self, (quoad sacra, we presume,) by a special oath, to the judgment and decision of the high court of inquisition. In the inferior tribunals there are, respectively, two or three inquisitors ; these have the epithet of provincials attached to their designations, and they exercise their functious, by the authority, and under the review, of the supreme inqui sitorial court.
The privileges which the inquisitors enjoy are many and valuable. Each of them bears the title of lord. They are not subject to the bishops or the provinces where they reside, or to the superiors of the religious orders to which they belong. They alone can publish the edicts against heretics ; they can excommunicate, interdict, and sus pend ; and, except in a few cases, which are distinctly spe cified, they can prevent the ordinaries, or resident bishops, from absolving those whom they have subjected to the censure of the church. " Whosoever, by himself or
others, shall kill, beat, or strike, any of the inquisitors, or officials of the Holy Office, or who shall injure or da mage the effects of the said inquisitors or officials, shall be delivered over to the secular power." These lordly and privileged functionaries likewise enjoy the entire rents of their benefices, without tax or impost, they are exempted from all " real and personal offices," and they may form new laws, after the nature of bye-laws, against heretics, and modify the punishment at pleasure. And, last of all, they can mutually absolve, and dispense with themselves, grant indulgences to the penitent, or to those whom they shall pronounce to be so, for 20 or 40 days, as they shall think proper ; and for reasons, of which they alone are the judges, they can release " the companions and friars of the several inquiSitors, and likewise their no taries," during the space of three whole years, from all the penances which may have been enjoined them.
When the chief inquisitor arrives in any of the pro vinces, he proceeds in the exercise of his functions after the following manner : In the first place, he delivers a sermon, respecting the purity of the Catholic doctrine, and exhorts the people to zealous and conscientious en deavours in the extirpation of heretical gravity. He then publishes the letters monitory, or, what is otherwise call ed, the edict of faith ; by which all persons, of whatever condition or state, clergy or laity, are commanded, under pain of excommunication, to discover to the inquisitor, " within the six or twelve days next following, any person, known to them," who entertains heretical opinions, or is suspected of entertaining them. lie then reads the sen tence of excommunication, and makes comments upon it, and promises indulgences to those who shall favour or sup port him in the execution of his office. The whole cere mony is of an imposing and awful nature ; and, in cdun tries where the inquisition prevails in its most fearful ascendency. it is usual. immediately after the publication of the edict, for those who are present, and especially for the magistrates of the principal cities, to engage them selves, under an oath, solemnly sworn before the crucifix and the gospels, to protect and to assist the ministers of the inquisition with all their authority and influence.