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
Such was the situation when the Spanish Inquisition was founded.
Conversos were numerous in the Orders and many were prosecuted. Under
Torquemada, himself a Dominican, the inquisitors were largely Dominicans
and the Franciscans naturally claimed the privileges of the papal
decrees of 1460 and 1479; when, in 1487, some Observantine Franciscans
were prosecuted, Innocent VIII ordered their release and repeated the
provisions of 1479.[94] In the following year, however, by a _motu
proprío_ of May 17, 1488, he declared that none of the Orders were
exempt and specially mentioned the Cistercians, Dominicans and
Franciscans.[95] Even before this, Torquemada had treated the regulars
as under his jurisdiction for, though he had granted to the Geronimite
prelates power to try some of their frailes he revoked this, May 3,
1488, and commissioned the inquisitors of Toledo to prosecute them.[96]
In Rome the influence of the regular Orders was great; that of the
growing Spanish power was steadily increasing, and the contest between
these opposing forces is seen in the fluctuating policy of the Holy See.
The _motu proprio_ of 1488 remained in force for a considerable time,
but, after the death of Ferdinand, the Franciscans in 1517 obtained from
Leo X the renewal of their old privileges, which probably also included
the Dominicans.[97] The Augustinians soon followed, for a letter of the
Suprema, May 7, 1521, directs the tribunals, in view of their privileges
to be tried by their prelates, to obtain from the superiors delegated
power to act in their cases, or to get a fraile assigned to sit as
assessor, or to remit the cases to the Suprema as they may deem
best.[98] Apparently these exemptions were not always respected, for
Clement VII, by a brief of January 18, 1524, emphatically confirmed the
Franciscan privileges and ordered all their cases pending in the
tribunals to be transferred within six days to the prelates of the
accused.[99] So when, in a brief of March 19, 1525, he prohibited
descendants of Jews and heretics from acquiring dignities in the
Observantine branch of the Order, he gave as a reason that the
provincials are judges of their subjects.[100]
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