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
Yet the very fact of doing this inferred the papal possession of supreme
jurisdiction which it merely delegated, a point of which the Holy See
never lost sight. The commissions to the successive inquisitors-general
during the century contains a clause by which all unfinished business
was evoked and committed to the appointee. It is true that there was
also a provision that no appeals from the tribunals should lie except to
the inquisitor-general, all other appeals, even to the Holy See, being
invalid and referred back to him, who was empowered to use censures to
prevent interference even by cardinals.[344] The popes could afford to
be thus liberal in their grants, for their irresponsible power enabled
them to disregard or to modify these delegated faculties at discretion,
and these provisions never prevented them from entertaining appeals.
This was shown in the friction which continued throughout the long reign
of Philip II, who was no less earnest than his father in maintaining the
independence of the Inquisition, although his attitude was more
deferential. In 1568 we find him complaining to his ambassador, Juan de
Zuñiga, that appeals were made from Sardinia to Rome, not only in cases
of faith, but in matters of confiscation, and in civil cases concerning
familiars and officials, all of which was damaging to the Inquisition
and in derogation of the royal jurisdiction. Zuñiga was therefore
ordered to supplicate the pope to refuse admission to all such appeals,
while the viceroy of Sardinia was instructed to prevent testimony from
being taken in such cases.[345] This effort was fruitless as likewise
was that of Abbot Brizeño, sent in 1580 as special commissioner on the
subject to Gregory XIII, to remonstrate with the utmost earnestness
against the reception accorded in Rome to fugitives from the
Inquisition.[346]
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