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
There was one formality preserved which recognized the episcopal
jurisdiction over heresy. We have seen that, in the Clementines, the
concurrence of both bishop and inquisitor was requisite in ordering
severe detentive incarceration, in sentencing to torture and in the
final sentence. No allusion was made to this in the bull of Sixtus IV
authorizing the appointment of inquisitors for Castile. No allusion, in
fact, was necessary, as it had been for nearly two centuries a matter of
course in inquisitorial procedure, but the earliest inquisitors took no
count of it and Sixtus, in his brief of February 11, 1482, called forth
by complaints of their cruelty, insisted on the concurrence of episcopal
officials in all judgements.[34] Ferdinand was indisposed to anything
that threatened interference with the autonomy of the Inquisition and
his experience in Valencia with the representatives of Rodrigo Borgia,
the absent archbishop, showed him how this episcopal right could be
exercised to obstruct proceedings and compel division of the spoils. He
doubtless represented to Sixtus that there were many of Jewish blood
among the bishops and their officials, whom it would not be safe to
trust, for Sixtus, with Borgia behind him, met such objection with a
brief of May 25, 1483, addressed to all the Spanish archbishops. In
this he ordered them to warn any of their suffragans of Jewish
extraction not to meddle with the business of the Inquisition but to
appoint an Old Christian, approved by the archbishop, who should have
exclusive powers over all such matters. In case this was not done the
archbishop was to make the appointment for each diocese and the
appointee was to be wholly independent of the bishop.[35] Then a
question arose whether Torquemada's appellate jurisdiction, as
inquisitor-general, could override judgements in which bishops
participated, but this was settled in Torquemada's favor by a brief of
Innocent VIII, September 25, 1487, thus completely subordinating
episcopal to inquisitorial jurisdiction.[36]
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