A History of the Inquisition of Spain; vol. 2Lea, Henry Charles
History
A History of the Inquisition of Spain; vol. 2
Lea, Henry Charles
Inquisition -- Spain
Like his predecessors, Julius, with one hand, sold letters of absolution
and inhibition while, with the other, he declared them invalid. A brief
of November 9, 1507, recites that some persons, pretending to be
aggrieved, have appealed to the Holy See, whereby the Inquisition is
impeded; therefore he decrees that all appeals must be to the
inquisitor-general, while those to Rome are to be regarded as null; the
inquisitors are to disregard them and not to delay on account of
them.[312] Still, the output of these letters was unchecked and for
awhile Ferdinand fluctuated in his policy with regard to them.
Sometimes, as in a Sardinia case, in 1508, he orders the inquisitor to
arrest and punish severely those concerned in procuring them, assuring
him of the royal protection against the indignation of Rome.[313]
Sometimes, as in a Valladolid case, in 1509, he assumes the current
convenient fiction that the letters are issued surreptitiously, that the
pope, on better information, will withdraw them, and meanwhile they are
held suspended; the trial is to go on and the sequestrations are not to
be lifted.[314] Finally, in a pragmática of August 31, 1509, a definite
policy was adopted combining both methods and based on the principle
that, if the letters were surreptitious, those who obtained them
deserved condign punishment. This required all such briefs to be
submitted to the Suprema for examination and reference back to Rome; if
found to be rightly issued, exequatur would be granted, but without this
any one presenting such letters to inquisitors incurred, as in the
pragmática of December 15, 1484, irremissible death and confiscation;
notaries acting under them were deprived of office, while secular
officials were commanded to execute the edict under pain of five
thousand florins and ecclesiastics under seizure of temporalities and
perpetual exile.[315]
The ferocity of this, after a constant struggle with the curia for
twenty-five years, shows the importance attached by Ferdinand to the
autonomy of the Inquisition and his determination to suppress all papal
interference. Still that interference continued and Ferdinand could not
but recognize that it was legal. In a case occurring in 1510, when a
certain Augustinian Fray Dionisio, on trial before the tribunal of
Seville, obtained letters committing the case to a judge who inhibited
the tribunal, Ferdinand requested the pope to evoke the case and commit
it to Cardinal Ximenes and further that all future cases of the kind
should be similarly treated.[316]
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