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
It required but a few months to change all this. The Inquisition was
restive under this restriction on its jurisdiction. Inquisitor-general
Manrique, in a letter of June 30, 1524, asserted that a revocation of
the Augustinian privileges would be procured and he proved a true
prophet.[101] The services of Charles V in stemming the tide of the
Lutheran revolt were indispensable and his demands could not be refused.
A brief of April 13, 1525, subjected the frailes again to the
Inquisition, but softened the blow by providing that the provincials
should appoint assessors to sit with the tribunals in their cases. This
did not satisfy Spain and, two months later, a brief of June 16th
subjected them absolutely to the inquisitor-general.[102] That the
Inquisition thus obtained and exercised jurisdiction over the regulars
is seen in an order by the Suprema, July 18, 1534, requiring that it
should be consulted and the testimony be submitted to it, before
proceedings were instituted against a fraile--an order repeated, June
10, 1555, and subsequently extended to all ecclesiastics.[103]
[Sidenote: _JURISDICTION OBTAINED_]
In issuing this the Suprema evidently was unaware that some three weeks
earlier there had occurred another shifting of the scales. The frailes
had not been idle; the Franciscans, and presumably the other Orders, had
won a victory. A brief of Clement VII, June 23, 1534, recites the
various exemptions granted by preceding popes to the Franciscans, while
numerous complaints showed that some inquisitors continued to prosecute
them, to their great perturbation and scandal, wherefore it was ordered
that whenever any of the frailes were suspected of heresy they must be
remitted to their superiors for punishment, notwithstanding all
privileges granted to the Holy Office. Confirmation of this was procured
from Paul III, November 8th of the same year, but apparently these
commands received slender attention, for another confirmation was
obtained, December 15, 1537, with the addition that all cases pending in
the Inquisition must be surrendered to the superiors of the Order within
six days and all sentences in derogation of this were declared
invalid.[104] Even this did not keep the Inquisition in check and Paul
issued, March 6, 1542, another decree reciting cases in contempt of his
orders, wherefore all inquisitors, in every part of the world, were
commanded, under penalty of excommunication, deprivation of benefice and
disability for preferment, not to proceed against the frailes and to
deliver up any who might be imprisoned. All bishops and prelates were
made executors of the brief, with power to invoke the aid of the secular
arm.[105]
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