A History of the Inquisition of Spain; vol. 2 — John Shaqi
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
Such was the somewhat cumbrous combination of episcopal and
inquisitorial jurisdiction which the founding of the Holy Office brought
into Spain. Independent action by bishops still continued occasionally,
of which we have seen example (Vol. I, p. 167) and it was recognized,
though subordinated to the inquisitorial jurisdiction in a brief of
Innocent VIII, September 25, 1487, conferring on Torquemada appellate
power in cases before episcopal courts, whether they were acting
separately or in conjunction with inquisitors, provided appeal was made
before sentence was rendered.[14] The popes of the period, moreover,
were careful to maintain the assertion of episcopal participation in
inquisitorial proceedings, as is manifested in the superscription of
their letters addressed "Ordinariis et Inquisitoribus," or assuming that
inquisitors acted under episcopal as well as papal authority.[15]
Theoretically, this continued throughout the sixteenth century. The
writers of highest authority treat bishops and inquisitors as possessing
cumulative jurisdiction, so that both could prosecute, either separately
or conjointly and the old canons were still cited threatening with
deposition the bishop who was negligent in purifying his diocese of
heresy.[16]
[Sidenote: _CLAIM OF EXCLUSIVE JURISDICTION_]
Thus there was no legislation depriving the episcopal order of its
traditional jurisdiction over heresy, yet the Inquisition claimed, and
made good the claim, that its cognizance was exclusive and that the
Clementines merely gave to the bishops a consultative privilege in the
three sentences specified. No such privative right was conferred in the
papal commissions to the inquisitors-general and the only source of such
right is to be looked for in Ferdinand's masterful determination that
nothing should interfere with the swift operation of his favorite
institution, and no claim be admitted to a share in its pecuniary
results. It was natural that he should favor the Inquisition, for
procedure in the spiritual courts was public and was much less likely to
result in conviction than the secrecy of the tribunals, and by 1500 he
seems to have established the matter to his satisfaction for, in a
letter of August 19th of that year to the Archbishop of Cagliari, he
expresses surprise that the prelate, without his licence, or a
commission from the inquisitor-general, should have meddled with matters
belonging to the Inquisition and have collected certain pecuniary
penances, although he had already been forbidden to do so. This
prohibition is now emphatically repeated; he is to have nothing to do
with the affairs of the Inquisition, except to aid the inquisitor when
called upon, and he is at once to hand over his collections to the
receiver, Pedro López, who is going to Sardinia.[17] Nothing can be more
peremptory in tone than this missive, although the Sardinian tribunal
was thoroughly disorganized and was about to be reconstructed by sending
a full corps of officials.
Public-domain text, read in full here on John Shaqi.
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