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
The records afford no indication of any question subsequently arising as
to the power of the crown to select the inquisitor-general. It was
never, however, officially recognized by the popes, whose commissions to
the successive nominees bore the form of a _motu proprio_--the
spontaneous act of the Holy See--by which, without reference to any
request from the sovereign, the recipient was created inquisitor-general
of the Spanish dominions and was invested with all the faculties and
powers requisite for the functions of his office.[761] No objection
seems to have been taken to this until Carlos III exercised a jealous
care over the assertion and maintenance of the regalías against the
assumptions of the curia. The first appointment he had occasion to make
was that of Felipe Bertran, Bishop of Salamanca, after the death of
Inquisitor-general Bonifaz. December 27, 1774, was despatched the
application to the papacy for the commission, carefully framed to avoid
attributing to the latter any share in the selection or appointment and
merely asking for a delegation of faculties, accompanied with
instructions to the ambassador Floridablanca to procure for Bertran a
dispensation from residence at his see during his term of office.
Clement XIV had died, September 22, 1774, and the intrigues arising from
the suppression of the Jesuits delayed the election of Pius VI until
February 15, 1775, but on February 27th the commission and dispensation
were signed. March 25th, Carlos sent the commission to the royal Camara
for examination before its delivery to Bertran and the Camara reported,
April 24th, that its fiscal pronounced it similar to that granted to
Bonifaz in 1755, but that it did not express as it should the royal
nomination and had the form of a _motu proprio_; he also objected to its
granting the power of appointment and further that some of the faculties
included infringed on the royal and episcopal jurisdictions, while the
clauses on censorship conflicted with the royal decrees. Under these
reserves the brief was ordered to be delivered to Bertran; whether or
not a protest was made to the curia does not appear, but if it was it
was ineffective for the same formula was used in the commission issued
to Inquisitor-general Agustin Rubin de Cevallos, February 17, 1784.[762]
* * * * *
[Sidenote: _THE INQUISITOR-GENERALSHIP_]
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