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 brief of Gregory XV was not published in Spain but, by some means,
the Ordinary of Seville obtained a copy and exhibited it to the
inquisitors. The Suprema promptly, on January 14, 1623 addressed a
consulta to Philip IV, stating that it had not learned that the brief
had reached any other bishop and dwelling eloquently on the frequency
and heinousness of the crime, the energy and rigor of the Inquisition in
its repression, and the disastrous consequences of concurrent episcopal
jurisdiction, where the leniency of punishment encouraged evildoers,
and the publicity of procedure conveyed knowledge to husbands and
kinsmen. The king was therefore asked to apply for the exemption of
Spain from the operation of the brief; this was speedily arranged and,
on April 10, Ambassador Alburquerque reported the forwarding of a decree
of the Congregation of the Inquisition, stating that it was not the
papal intention that the brief should apply to the Spanish dominions.
Cardinal Millino, at the same time, wrote that the pope had declared
that the Inquisition should continue to prosecute such cases in its
customary form and manner.[194]
This simply left the matter where it was before, but the Inquisition
boldly asserted that it had been given exclusive jurisdiction and, when
Urban VIII granted, to the Bishop of Astorga, cognizance of these cases
among the regular clergy, it had the effrontery to raise a competencia
with him.[195] On May 19, 1629, it sent to the tribunals copies of
Gregory's brief, with instructions to follow its prescriptions, as
punishment should be uniform in a crime of such frequent occurrence.
Although, it added, the brief appeared to confer only cumulative
jurisdiction, the pope had declared to the king that in his dominions it
was exclusive so that, if any Ordinary should undertake to hear such a
case, he was to be inhibited and a prompt report be made to the Suprema.
To make matters sure, this was followed by an order of August 9th, that
this exclusive cognizance should be asserted in the Edict of
Faith.[196]
Public-domain text, read in full here on John Shaqi.
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