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
The superior efficiency of the Spanish Inquisition was largely due to
its organization. The scattered subordinate tribunals, which dealt
directly with the accused, were not independent, as in the old papal
Inquisition, but were under the control of a central head, consisting of
the inquisitor-general and a council which, for the sake of brevity, we
have called the Suprema. It has been seen how Ferdinand and Isabella,
after a few years' experience, obtained from the Holy See the
appointment of Torquemada as inquisitor-in-chief with power of
delegating his faculties and of removing his delegates--a power which
gave him absolute control. At first the commission of the
inquisitor-general was held to require renewal at the death of the pope
who issued it, although, in the old Inquisition, after considerable
discussion, it was decided, in 1290, by Nicholas IV, in the bull _Ne
aliqui_, that the commissions of inquisitors were permanent.[411] This
formality was subsequently abandoned and, towards the close of the
sixteenth century, the commissions were granted _ad
beneplacitum_--during the good pleasure of the Holy See--and this
continued until the end.[412] Similarly there was a question whether the
powers of the inquisitors lapsed on the death of the inquisitor-general.
When Mercader of Aragon died, in 1516, the Suprema, in conveying the
news to the tribunals, instructed them to go on with their work; in some
places the secular authorities assumed that they were no longer in
office, a royal letter had to be procured to prevent interference with
them, and, when Cardinal Adrian was appointed, he confirmed their
faculties.[413] It became customary for each new inquisitor-general to
renew the commissions on his accession, but as there frequently was a
considerable interval, the question arose whether, during that time, all
the acts both of the Suprema and the tribunals were not invalid. In 1627
it was concluded that they held delegated power directly from the pope
and not from the inquisitor-general, so that their faculties were
continuous.[414] This was a forced construction, somewhat derogatory to
the authority of the inquisitor-general, and was upset in 1639, when the
Suprema decided that the inquisitor-general could confer powers only
during his own life and therefore each one on his accession confirmed
the appointments of all officials during his pleasure, which continued
to be the formula employed.[415] This left open the question of the
interregnum, which seems to have been somewhat forcibly settled by
necessity, as when Giudice resigned in 1716 and his successor, Joseph de
Molines, was serving as auditor of the Rota in Rome. The Suprema, in
notifying the tribunals of his appointment, told them that, until his
arrival in Madrid, they were to continue their functions.[416]
[Sidenote: _THE SUPREMA ACQUIRES POWER_]
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