A History of the Inquisition of Spain; vol. 3Lea, Henry Charles
History
A History of the Inquisition of Spain; vol. 3
Lea, Henry Charles
Inquisition -- Spain
The construction of the laws was rigorous. There was a nice question
whether, when a parent was condemned _in absentia_ as contumacious, the
children were subject to the disabilities, for the heresy was
presumptive and not proven. Farinacci held that they were not, for the
absentee, even though burnt in effigy, could always return and prove his
innocence. Peña represents the stricter Spanish view, that the fugitive
was condemned as a heretic and his children were incapacitated. The
matter was threshed out in the case of the son of Antonio Pérez, who was
deprived of a pension on the church of Cuenca. This was the final
decision of the Rota after full argument; it served as a precedent, and
the sentence of the absent contained the same enumeration of
disabilities as that of one who was burnt in person.[507] Some doubts
arose as to whether the pragmáticas prohibited trade in general; all
such points were reserved to the king and when, in 1566, it was proposed
to prosecute some merchants, the Suprema ordered the cases to be
suspended until he should be consulted. It was less cautious when, in
1542, it forbade all reconciled penitents to keep schools, or even to
teach children their letters. A question arose whether the prohibition
to ride on horseback comprehended mules, but Simancas decides it in the
affirmative, and even desires to include vehicles, as it is fitting that
all such persons should walk on foot.[508] Even the limits of the canon
law were disregarded in the panic occasioned by the discovery of
Protestantism in 1559, for in the Seville auto of September 24th, when
Juan Ponce de Leon was burnt, the disabilities of his descendants in the
male line were extended to the fourth generation.[509]
An ecclesiastical career was closed to penitents and their descendants,
who were forbidden to enter holy orders. There was some question raised
whether those who were in orders could obtain or retain benefices, but
it was decided in the negative. The practice, as stated about 1640, was
that on their visitation the inquisitors dealt summarily with cases
concerning the _cosas arbitrarias_ while those which involved the
holding of benefices or public office were sent to the tribunal for
trial.[510] In the Edicts of Faith which they published, denunciations
were invited, and all persons were required to give information as to
any infractions of the laws of which they were cognizant.[511]
[Sidenote: _DISABILITIES_]
Public-domain text, read in full here on John Shaqi.
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