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
Arce had already been informed of the brief and had lost no time in
taking steps to neutralize it. On September 3rd orders were sent to the
Bishop of Calahorra--and doubtless to the others--ordering him not to
receive it. He promptly replied that it had not been presented, but that
if it should come he would refuse to accept or to execute it, trusting
to the royal protection against all penalties that it might contain; he
had been connected with the Inquisition and knew its justice with regard
to Villanueva and, if these appeals to Rome were allowed, the
consequences to the Catholic religion would be lamentable.[379]
Apparently the Spanish episcopate had small reverence for the Vicegerent
of God.
[Sidenote: _VILLANUEVA'S CASE_]
The leading statesmen of Spain took a different view. A junta had been
assembled to consider the situation, of which five members out of six
(including the President of Castile and the Commissioner-general of the
Cruzada) united in a consulta of September 15th. This set forth that
when the Toledo tribunal sentenced Villanueva he had a right of appeal
to the Suprema; he presented reasons for recusing the inquisitor-general
and some of the members and was denied a hearing; he was seized again
for the protest and appeal and held until he accepted the sentence and
renounced all defence. He was thus forced to have recourse to the pope,
whose jurisdiction is supreme in matters of faith and is the source of
that of all inquisitors. In ordinary cases three decisions in conformity
[through appeals] are required to render a sentence conclusive, while
here, in a case involving the honor of a whole family, the single
sentence of an inferior tribunal is all that has been allowed.
Villanueva did not violate his sentence in going to Saragossa, for it
required him not to come within twenty leagues of the court, and he had
gone away fifty leagues. He was justified in applying for the firma, for
the right of appeal includes the means necessary to enjoy the appeal.
The inquisitor-general should be instructed not to order his arrest for,
besides that no man should be deprived of his defence, it might cause
some disturbance in Saragossa, under pretext of a violation of the
fueros, for it is notorious that he was discharged by the Inquisition.
There are two courses open--one to solicit the pope to withdraw the
brief; the other that the fiscal of the Suprema apply for it and then
retain it; but these raise the scruple that a man struggling for his
honor and that of his family is denied all defence, after he has been
forced to seek it beyond the kingdom and moreover, in the disturbed
condition of Naples [then in revolt under Masaniello], it is well not to
offend the pope, who might cause the loss of the Italian possessions of
Spain. The sixth member of the junta, the Licenciado Francisco Antonio
de Alarcon, denounced Villanueva as guilty for going to another kingdom
[Aragon]; he was impeding the Inquisition and inviting the papal
Public-domain text, read in full here on John Shaqi.
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