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
It is not a little remarkable that no tribunal was established in
Brazil, although the New Christians who abounded there proved a very
troublesome element, from the encouragement which they gave to the
Dutch in their efforts to obtain a foothold.[727] There was a
commissioner there, but his powers were limited to collecting evidence
and transmitting it with the accused to Lisbon, where they were tried
and punished.[728] It may be worth noting that, in the treaty of 1810
with England, Portugal bound itself never to establish the Inquisition
in its American possessions.[729]
In general, it may be said that the Portuguese Inquisition was modelled
on that of Castile. A series of edicts issued by Dom Sebastian and Dom
Henrique and confirmed by later kings, granted to officials and
familiars the privileges, exemptions and immunities which they enjoyed
in the sister kingdom. This gave rise to similar quarrels and
_competencias_, and to a multiplication of the privileged class even
greater than in Spain. In 1699 we find Dom Pedro II endeavoring to
enforce a decree of 1693, which limited to six hundred and four the
familiars allowed in the larger towns, while small places were to be
reduced to one or two each.[730] The main difference in the organization
of the Inquisitions of the two kingdoms was in the Portuguese officials
known as _deputados_, of whom at least four were appointed by the
inquisitor-general, as assistants to the three inquisitors constituting
each tribunal. They were required to possess qualifications entitling
them to promotion as inquisitors; they performed such duties as might be
assigned to them and, in the consulta de fe, they replaced the Spanish
consultores, with the distinction that they cast decisive and not merely
consultative votes. To render a sentence legal at least five votes were
required besides that of the Ordinary.[731] There was no appeal from a
definitive sentence, for the reason that it was not made known to the
culprit before the auto in which it was pronounced, but all
interlocutory sentences and intermediate proceedings were subject to
appeal, and the Supreme Council came to exercise minute supervision over
every act of the tribunals even earlier than we have seen was the case
in Spain.[732] The minuteness, indeed, of the details prescribed in the
_Regimento_ of Inquisitor-general de Castro, printed in 1640, left
little to the discretion of the inquisitor, and their systematic
arrangement, in an authoritative code of procedure, affords a strong
contrast to the cumbersome and often contradictory _cartas acordadas_,
which lumbered up the _secreto_ of the Spanish tribunals.
[Sidenote: _INQUISITION OF PORTUGAL_]
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