A History of the Inquisition of Spain; vol. 2 — John Shaqi
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
With the exception of bishops, of whom more hereafter, the secular
clergy were equally at the mercy of the Holy Office. Even when, as we
have seen, in the bitter quarrels between the tribunal of Majorca and
the clergy of the islands, the latter obtained the protection of special
papal briefs, these exempted them only from the royal jurisdiction of
the Inquisition and did not affect their liability in matters of faith,
against which they raised no protest. The regular clergy, however--the
members of the religious Orders--made long and persistent struggles to
escape subjection, preferring the milder discipline of their own
prelates. In the twelfth and thirteenth centuries, the monastic
establishments had, for the most part, obtained exemption from episcopal
jurisdiction and were amenable only to the Holy See. When the Mendicant
Orders were organized, in the thirteenth century, they were likewise
subject immediately to the pope. It is true that, in 1184, Lucius III,
in his Verona decree, had abolished this immunity in matters of faith
and had remanded, in so far, the regulars back to episcopal
jurisdiction, for as yet the Inquisition had not been thought of,[90]
but, when the Mendicants claimed that this did not apply to their
subsequently founded Orders, Innocent IV, in 1254, subjected them to the
Inquisition, which by that time was in full operation. Boniface VIII
emphatically confirmed this, even declaring that for heresy they were to
be punished more severely than laymen, as the Spiritual Franciscans
found to their cost under John XXII.[91] As inquisitors acted under
delegation from the pope, there would be no question as to their
jurisdiction over the regulars, but, in the case of the Dominican Master
Eckart, tried, in 1327, by the Archbishop of Cologne, it was settled
that the episcopal Inquisition also had cognizance.[92] Yet, about 1460,
Pius II granted to the Franciscans the privilege of being tried only by
the vicar-general of their Order and, in 1479, Sixtus IV, in view of the
inveterate hostility between Franciscans and Dominicans, from which
Orders nearly all inquisitors were drawn, prohibited those of one Order
from prosecuting members of the other.[93]
[Sidenote: _FLUCTUATING POLICY_]
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