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
One of the most deplorable abuses with which the Church afflicted
society was the admission into the minor orders of crowds of laymen who,
without abandoning worldly pursuits, adopted the tonsure in order to
enjoy the irresponsibility afforded by the claim acquired to spiritual
jurisdiction, whether as criminals or as traders. The Córtes of
Tordesillas, in 1401, declared that the greater portion of the
_rufianes_ and malefactors of the kingdom wore the tonsure; when
arrested by the secular officials the spiritual courts demanded them and
enforced their claims with excommunication, after which they freely
discharged the evil doers. This complaint was re-echoed by almost every
subsequent Córtes, with an occasional allusion to the stimulus thus
afforded to the evil propensities of those who were really clerics. The
kings in responding to these representations could only say that they
would apply to the Holy Father for relief, but the relief never
came.[48] The spirit in which these claims of clerical immunity were
advanced as a shield for criminals and the resolute firmness with which
they were met by Ferdinand and Isabella are illustrated by an occurrence
in 1486, in Truxillo, where a man committed a crime and was arrested by
the corregidor. He claimed to wear the tonsure and, as the officials
delayed in handing him over to the ecclesiastical court, some clerics
who were his kinsmen paraded the streets with a cross and proclaimed
that religion was being destroyed. They succeeded thus in arousing a
tumult in which the culprit was liberated. The sovereigns were in
Galicia, but they forthwith despatched troops to the scene of
disturbance; severe punishment was inflicted on the participants in the
riot, and the clerics who had provoked it were deprived of citizenship
and were banished from Spain.[49] Less serious but still abundantly
obnoxious were the advantages which these tonsured laymen possessed in
civil suits by claiming the privilege of ecclesiastical jurisdiction. To
meet this was largely the object of the laws in the _Ordenanzas Reales_
described above, and these were supplemented, in 1519, by an edict of
Charles V forbidding episcopal officials from cognizance of cases where
such so-called clerics engaged in trade sought the spiritual courts as a
defence against civil suits. A similar abuse, by which such clerics in
public office evaded responsibility for wrong-doing by pleading their
clergy, he remedied by reviving an old law of Juan I declaring them
ineligible to office.[50] Thus the royal power in Spain asserted its
authority over the Church after a fashion unknown elsewhere. We shall
see that, so long as it declined to persecute Moors and Jews, Rome could
not compel it to do so. When its policy changed under Isabella it was
inevitable that the machinery of persecution should be under the
control, not of the Church, but of the sovereign. We shall also see
that, when the Inquisition inflicted similar wrongs by the immunities
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