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
All this affords ample proof that the avoidance of irregularity was the
only motive that actuated the Inquisition in this matter, but if further
evidence is required it is furnished by the fact that still greater
scruple existed in the exercise of the temporal jurisdiction acquired by
the Spanish Holy Office over all matters concerning its officials,
because such cases were not provided for in the commissions of the
inquisitors-general, from which were delegated the powers of the
tribunals. In 1514 the question arose when Micer Castillo, assessor in
the Saragossa tribunal, was murdered, and two of his assassins, Joan
Uguet and Pere Gasco, were tried and convicted. The inquisitors dared
not deliver them to the secular arm for execution, and various devices
were discussed, but the matter was settled by procuring from Leo X his
motu proprio _Cum sicut accepimus_, January 28, 1515, in which he
granted faculties to the inquisitors to arrest, try and deliver for
punishment to the secular authorities, any one who had struck, mutilated
or slain an official of the Inquisition, even if it entailed effusion of
blood or mutilation or death, without incurring any note of
irregularity.[549] Under this the tribunals acted when such cases arose,
notably in Granada, about 1545, when seven persons were thus
relaxed--six Moriscos and an Old Christian--who, while in prison, killed
the alcaide and his assistant and who were hanged before burning.[550]
In time the cardinals of the Roman Inquisition were beset with similar
scruples and, to relieve their consciences, Pius V, October 9, 1567,
granted a decree empowering them to participate in sentences of blood
without incurring irregularity.[551] This applied only to Italy, but it
was otherwise with the terrible bull _Si de protegendis_, April 1, 1569,
commanding the delivery to the secular arm, for the punishment due to
high treason, of any one maltreating or even threatening an official of
the Inquisition or destroying or altering its records. This was ordered
to be published throughout the world; the Spanish Inquisition claimed
the benefit of it, and had a Castilian version of it published every
year. It made no illusion to irregularity, tacitly assuming that none
was incurred and it was often cited in Spain to that effect.[552] Still,
when in 1579, the Toledo tribunal desired the death-penalty for
Francisco de la Bastida, for personating an official of the Inquisition,
and there was no secular law to that effect, a special brief was
obtained from Gregory XIII empowering it to find him guilty of death and
deliver him to the secular arm for execution without incurring
irregularity.[553]
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