A History of the Inquisition of Spain; vol. 1 — John Shaqi
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
In other ways the much-prized superiority of the canon over secular law
was disregarded in Spain. The Córtes and the monarch had never hesitated
to legislate on ecclesiastical affairs, and the jurisdiction of the
ecclesiastical courts was limited with a jealousy which paid scant
respect to canon and decretal. Nothing, for instance, was better settled
than the spiritual cognizance of all matters respecting testaments, yet
when, in 1270, the authorities of Badajoz complained of the interference
of the bishop's court with secular judges in such affairs, proceeding to
the excommunication of those who exercised jurisdiction over them,
Alfonso X expressed surprise and gave explicit commands that such cases
should be decided by the lay courts exclusively.[41] So little respect
was felt for the immunity of ecclesiastics from secular law, in defence
of which Thomas à Becket had laid down his life, that, as late as 1351,
an _ordenamiento_ of Pedro the Cruel concedes to them that they shall
not be cited before secular judges except in accordance with law.[42] On
the other hand, laymen were jealously protected from the ecclesiastical
courts. The crown was declared to be the sole judge of its own
jurisdiction, and no appeal from it was allowed. In the exercise of this
supreme power laws were repeatedly enacted providing that a layman, who
should cite another layman before a spiritual judge, not only lost his
cause but incurred a heavy fine and disability for public office. The
spiritual judge could not imprison a layman or levy execution on his
property, and he who attempted it or any other invasion of the royal
jurisdiction forfeited his benefices and became a stranger in the
kingdom, thus rendering him incapable of preferment. The ecclesiastic
who cited a layman before a spiritual judge lost any privileges or
graces which he might hold of the crown. The layman who attempted to
remove a cause from a lay court to a spiritual one was punished with
confiscation of all his property, while any vassal who claimed benefit
of clergy and declined the jurisdiction of a royal court forfeited his
fief. In re-enacting these laws in the Córtes of Toledo, in 1480,
Ferdinand and Isabella complained of their inobservance and ordered
their strict enforcement.[43] No other nation in Christendom dared thus
to infringe on the sacred limits of spiritual jurisdiction.
[Sidenote: _ECCLESIASTICAL IMMUNITY_]
Public-domain text, read in full here on John Shaqi.
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