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 Holy See was in earnest, but the result did not correspond to its
efforts. France and Germany paid virtually no attention to the decrees,
and in Spain the Inquisition made no change in its procedure or in the
mildness of its penalties. The only effect of Gregory's brief was to
raise the question whether it did not confirm, at least cumulatively, to
the bishops the jurisdiction of which they had been practically
deprived. No distinction was expressed between lands with and those
without an Inquisition, and the original briefs of Paul IV and Pius IV
had not deprived the bishops of jurisdiction, although the latter had
made little effort to assert it against the exclusive claims of the
tribunals. We chance to hear of the case of Dr. Miguel Bueso, who was
surrendered by the Archbishop of Valencia, in 1608, for trial on this
charge and, after punishment, was returned to the archiepiscopal
court.[191] Soon after this de Sousa argues that, in spite of the papal
decrees, bishops have cumulative jurisdiction, although the
inquisitor-general can evoke cases.[192] In 1620, Inquisitor-general
Luis de Aliaga had a struggle with his brother Isidor de Aliaga,
Archbishop of Valencia, over the case of Gaspar Flori, rector of Urgel,
who was on trial by the vicar-general for various offences, including
solicitation. The tribunal demanded cognizance of this special charge;
the vicar-general asserted cumulative jurisdiction, adding that he had
already tried two cases of the kind. The inquisitor-general argued
strenuously that, as a matter of faith, it belonged to the Inquisition;
if it were not a matter of faith it would go unpunished, for there would
be no obligation to denounce, and without this women would never imperil
their honor, for experience showed how rarely they did so voluntarily,
and they had to be compelled by the refusal of absolution.
Notwithstanding all this the archbishop of Valencia held good; his
vicar-general tried the case and executed the sentence.[193] There were
few episcopal courts, however, so audacious as this, and the claim of
the Inquisition to exclusive jurisdiction was generally conceded.
[Sidenote: _EXCLUSIVE JURISDICTION CLAIMED_]
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