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
Two centuries of bickering thus left the Holy See in possession of its
imprescriptible jurisdiction, but the Bourbons were less reverential
than the Hapsburgs. In 1705, the hostility of the papacy led Philip V to
forbid the publication of papal briefs without the royal exequatur and
to prohibit all appeals to Rome. He held his ground in spite of the
furious manifestos of Monroy, Archbishop of Santiago, proving that
obedience was due to the pope rather than to the king, and the more
temperate argumentation of Cardinal Belluga, then Bishop of
Cartagena.[407] We hear little after this of appeals of individuals and,
indeed, the experience of Villanueva, while apparently a defeat for the
Inquisition, was in reality a victory, for it showed how hopeless was
the contest of a prisoner against the whole power of the Inquisition and
of the crown. Even when the Holy See had the advantage of being in
possession of the person in dispute it could only fight a drawn battle,
as in the case of Manuel Aguirre who, in 1737, escaped from the prison
of the Inquisition, made his way to Rome, and presented his appeal in
person. When the curia demanded the papers necessary for his trial, the
Inquisitor-general Orbe y Larrategui did not in terms deny the papal
rights but argued that the Inquisition was privileged to conclude a case
before forwarding the papers for review and offered that, if the Holy
See would return the prisoner, his flight should not be held to
aggravate his offence and in due time all the desired information would
be furnished to Rome. The acceptance of such a proposition was
impossible, but the papacy was in no position to contest the matter.
After the death of Orbe, in 1740, the curia took the case up again for
discussion, but the only course open seemed to be to instruct the nuncio
to persuade the Inquisition to obedience and we may safely conclude that
Aguirre escaped without a trial.[408]
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