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
writer, about 1675, who tells us that there are cases in which the
tribunals can vote arrest, but not execute it without the assent of the
Suprema; these are where there is but one witness (but this is not
observed with Judaizers), when the accused is a cleric, religious,
knight of the Military Orders, notary or superior officer of
justice--unless, indeed, flight be apprehended. In these cases the
_sumaria_, or summary of evidence, must be well drawn up and submitted
to the Suprema with the votes of the inquisitors.[484]
Thus gradually the independent action of the tribunals was curtailed
until it finally disappeared and centralization in the Suprema was
complete. The precise date of this I have been unable to determine, but
a writer of the middle of the eighteenth century tersely describes the
conditions, telling us that the inquisitors determine nothing without
the orders of the Council, so that, when they draw up the _sumarias_ in
cases of faith they submit them and, on their return, do what they are
told; they do not sentence but only append their opinions to the
processes and the Council decides.[485]
This continued to the end. The book of votes of the Suprema, in the
restored Inquisition, from 1814 to 1820, shows that the tribunals had
become mere agencies for receiving denunciations, collecting evidence
and executing the orders of the Council. Even these slender duties were
sometimes denied to them. In the case of Juana de Lima of Xeres, tried
for bigamy, the sumaria was made up by the commissioner of Xeres and on
it the Suprema, without more ado, sentenced her to four years in a house
of correction and sent the sentence to the commissioner to be read to
her; the functions of the Seville inquisitors were reduced to
transmitting the papers and keeping the records.[486] If a tribunal
ventured on the slightest expression of dissent, it was roundly taken to
task. Thus, December 23, 1816 that of Madrid was sternly rebuked
because, in the case of Don Teodoro Bachiller, it had described as
unjustified his imprisonment; that imprisonment had been approved by the
Suprema and the tribunal was ordered to expunge from the records this
improper expression and never to repeat such an offence, if it desired
to escape serious action. So, when the fiscal of the same tribunal
remonstrated against an order to remove Caietano Carcer, on the ground
of ill health, from the secret prison, the Suprema replied, January 14,
1818, that its orders were dictated by justice and there was no fiscal
or tribunal that could object to them. It expected that the tribunal and
its fiscal would in future be more self-restrained and obedient to its
superior decisions, thus escaping all responsibility, and that they
would not oblige the Council to enforce its authority by measures
necessary although unpleasant.[487] To this had shrunk the inquisitor
before whom, in the old days, bishops and magnates trembled.
[Sidenote: _APPELLATE JURISDICTION_]
Public-domain text, read in full here on John Shaqi.
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