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
Whether, in these assemblies, the consultors had a deliberative or
merely a consultative vote, was a matter of some discussion. In 1515,
Cardinal Adrian, and in 1518 the Suprema, instructed inquisitors that
though they must not render judgement without consulting jurists, they
need not follow their advice, but could consult others and state the
reasons for rejecting the previous opinions.[193] Arnaldo Albertino, on
the contrary, after debating the question at length, decides that, under
the canon law, inquisitors are bound by the majority vote.[194] This
ignored the self-dependent organization of the Spanish Inquisition, and
Rojas asserts positively that the vote of the consultors is consultative
and not decisive.[195] Simancas decides that the true rule is that the
inquisitors are not bound by the opinion of the consultors, although
the question is debated; the Suprema instructed the tribunal of Córdova
that, if the inquisitors and Ordinary are in accord, their opinion
prevails over that of all the consultors, yet in Valladolid, unless
there is a majority, even if the inquisitors and Ordinary agree, there
is _discordia_ and the case is referred to the Suprema.[196] All this
was settled by the Instructions of 1561, which declared that, if the
inquisitors and Ordinary were unanimous, their vote was decisive against
consultors more numerous, but that, whenever there was discordia between
the former, the matter was to be referred to the Suprema and, in
important cases, even when there was unanimity, it was to be consulted
before executing the vote.[197]
[Sidenote: _DELAYS_]
Public-domain text, read in full here on John Shaqi.
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