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
At this period the relations between the Council and the
inquisitor-general as to appellate jurisdiction do not appear to be
definitely settled. In 1520, Antonio de la Bastida appealed about his
wife's dowry from the judge of confiscations of Calahorra, and the
decision in his favor was rendered by the Suprema "in consultation with
the very reverend father, the Cardinal of Tortosa (Adrian)," and, as the
crown was concerned, it was confirmed by Charles V.[493] In two cases,
however, in 1527 and 1528, in which, on appeal, Cardinal Manrique
remitted or mitigated sentences, the letters were issued in his name and
without signature by the members of the Council.[494] During Manrique's
disgrace, the Suprema apparently acted independently for, in a letter of
December 9, 1535, to the Valencia tribunal, alluding to the cases on
appeal pending before it, it promises to adjudicate them as speedily as
possible.[495] That, by this time, at least its concurrence had become
essential would appear from the modification, on appeal by Juan Gómez
from a sentence imposed by the Valencia tribunal, when the letter was
signed both by Inquisitor-general Tavera and the members of the
Council.[496] When, as we have seen, the secular courts endeavored to
entertain appeals in cases of confiscation and matters not strictly of
faith, Prince Philip's cédula of March 10, 1553 emphatically declared
that appellate jurisdiction was vested solely in the Suprema, which held
faculties for that purpose from the Holy See and from the crown.[497]
[Sidenote: _CONTROL OVER DETAILS_]
This would seem to dispose of any claim that appellate jurisdiction was
a special attribute of the inquisitor-general, and this is confirmed by
a case, in 1552, in which Angelica Vidama appealed from the sentence of
the Valencia tribunal condemning the memory and fame of her deceased
mother Beatriz Vidama. On March 8th, Inquisitor-general Valdés and the
members of the Council with some assessors declared that, after
examining the matter in several sessions their opinion was that the
sentence should be revoked. Then, on March 12th, in the presence of
Valdés, the Council adopted a sentence restoring her and her posterity
to honor and good fame and releasing the confiscation of her estate. The
sentence is not signed by Valdés but only by three members of the
Council, which indicates that his signature was unnecessary.[498] When
he was held simply to have a vote, like every other member, he could
claim no special authority as to appeals and, with the gradual
intervention of the Suprema in all the acts of the tribunals, appeals
themselves became obsolete.
* * * * *
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