A History of the Inquisition of Spain; vol. 4Lea, Henry Charles
History
A History of the Inquisition of Spain; vol. 4
Lea, Henry Charles
Inquisition -- Spain
The regular clergy sought to escape to the milder mercies of their own
superiors, and claimed that, in the constitution of Pius IV, in 1562,
which subjected them in general to the Inquisition, there was an
exception of cases in which the superiors had taken the earlier
action.[186] The application, however, of this exception to the crime of
solicitation was negatived, in 1592, by a decree of Clement VIII, which
declared that the jurisdiction of the Inquisition in this matter was
exclusive and not cumulative, and it ordered the members of all
privileged Orders to denounce to the Inquisition their guilty
brethren.[187] In 1608, Paul V granted the same powers to the
Inquisition of Portugal and, in 1612, he settled in favor of the faith a
question which had arisen, whether the briefs comprehended the
solicitation of men as well as of women.[188] Even before this,
solicitation in Italy had been subjected to the Roman Inquisition, for
it issued, December 15, 1613 a decree ordering confessors to instruct
their penitents that they must denounce to the tribunals all attempts to
solicit them to evil and, on July 5, 1614, it included, what it
described as a frequent offence, the discussion of indecent matters with
women in the confessional, even without confession.[189]
[Sidenote: _LEGISLATION OF GREGORY XV_]
Thus the Church was gradually realizing the necessity of more stringent
measures to curb the evil propensities of those to whom it confided the
salvation of souls, but as yet it had made only local regulations.
Gregory XV recognized that a general law was required, to cover all the
lands of the Roman obedience, and not merely those possessed of an
Inquisition and, at the same time, to define more comprehensively the
nature of the offence. The briefs thus far had limited this to seduction
in the act of hearing confessions. Papal legislation was always
construed in the strictest manner, and confessors felt safe if they
confined their seductions to the time preceding and following the actual
utterance of the confession. Had the moral and spiritual welfare of
priest and penitent been the only matter involved, it would have been
easy to include in general terms any indecent or illicit passages
between them, no matter when or where committed, but solicitation had
been made to involve suspicion of heresy, in order to bring it under the
Inquisition, and it became regarded as a purely technical offence,
punishable only when it could be connected directly with the sacrament,
leading to the unfortunate corollary that otherwise it was a trivial
matter, undeserving of special consideration.
Public-domain text, read in full here on John Shaqi.
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