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
As regards the Suprema, it would appear at first to have been merely a
consultative body. I have already alluded to the case in which
Torquemada ferociously overruled the acts of the tribunal of Medina del
Campo, acting autocratically and without reference to the Council, as
though it had no executive functions. Neither had it legislative powers.
The earlier Instructions were issued in the name of the
Inquisitor-general and, when he desired consultation and advice in the
framing of general regulations, he did not confer with the Council, but
assembled the inquisitors and assessors of the tribunals, who discussed
the questions and formulated the rules of procedure, as in the
Instructions of Valladolid, in 1488.[417] The crown, in fact, was the
ultimate arbiter for, in the supplementary Instructions of 1485,
inquisitors were directed, when doubtful matters were important, to
report to the sovereigns for orders.[418] It was the inquisitor-general
also who held the all-important power of the purse. The instructions of
Avila in 1498, still issued in the name of Torquemada, fix the salaries
of all the officials of the tribunals and add that, when the
inquisitors-general see that there is necessity or especial labor, they
can make such _ayudas de costa_, or gratuities, as they deem
proper.[419]
It was inevitable, however, that the Council should acquire power.
Torquemada was aging and, although at this period the tribunals acted
independently, convicting culprits and holding autos de fe at their
discretion, yet he held appellate jurisdiction, which doubtless brought
a larger amount of business than he could attend to individually, in
addition to his other functions. Cases also must have been frequent in
which the _consultas de fe_, or juntas of experts called in to assist in
pronouncing judgement, were not unanimous, or where there were doubts
which the local judges felt incompetent to decide. Thus we are told
that, in the gathering of inquisitors at Valladolid, in 1488, there was
full discussion as to the difficulties arising from the incompetence or
insufficient number of the consultors, and it was resolved that when
there was doubt or _discordia_ (the technical name for lack of
unanimity) the fiscal of the tribunal should bring the papers to
Torquemada, who would refer them to the Suprema or to such of its
members as he might designate--thus indicating how completely its powers
were derived from him and how subordinate was its position.[420] As
Torquemada grew more infirm, even though four colleagues were adjoined
to him, the importance of the Suprema increased, as is seen in the 1498
Instructions of Avila, where this provision wears the altered form that
when difficult or doubtful questions arise in the tribunals, the
inquisitors are to consult the Suprema and bring or send the papers when
so ordered.[421]
[Sidenote: _INQUISITOR-GENERAL AND SUPREME COUNCIL_]
Public-domain text, read in full here on John Shaqi.
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