A History of the Inquisition of Spain; vol. 1Lea, Henry Charles
History
A History of the Inquisition of Spain; vol. 1
Lea, Henry Charles
Inquisition -- Spain
was said as to defraying the expenses of the institution, but this was
inferred by the absorption of the confiscations. If it was to be
dependent on the crown the crown must provide for it, and we shall see
hereafter the various devices by which a portion of the burden was
subsequently thrown upon the Church.
[Sidenote: _NATURE OF THE PAPAL BULL_]
The bull as finally issued bears date November 1, 1478, and is a very
simple affair which, on its face, bears no signs of its momentous
influence in moulding the destinies of the Spanish Peninsula. After
reciting the existence in Spain of false Christians and the request of
Ferdinand and Isabella that the pope should provide a remedy, it
authorizes them to appoint three bishops or other suitable men, priests
either regular or secular, over forty years of age, masters or bachelors
in theology or doctors or licentiates of canon law, and to remove and
replace them at pleasure. These are to have the jurisdiction and
faculties of bishops and inquisitors over heretics, their fautors and
receivers.[452] Subsequently Sixtus pronounced the bull to have been
drawn inconsiderately and not in accordance with received practice and
the decrees of his predecessors, which doubtless referred to the power
of appointment and removal lodged in the crown and also to the omission
of the requirement of episcopal concurrence in rendering judgment.[453]
The creation of inquisitors was in itself an invasion of episcopal
jurisdiction, which, from the earliest history of the institution, had
been the source of frequent trouble, and where, as in Spain, many
bishops were of Jewish blood and therefore under suspicion, the question
was more intricate than elsewhere. With respect to this, moreover, it is
observable that the bull did not confer, like that of Nicholas V, in
1451, jurisdiction over bishops in any special derogation of the decree
of Boniface VIII requiring them, when suspected of heresy, to be tried
by the pope.[454] Both of these questions, as we shall see,
subsequently gave rise to considerable discussion.
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