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
He was allowed to go on infecting the minds
of his penitents with his obscenity, until his death a few years
afterwards, in happy ignorance that any complaint had been made against
him.[205] When there were so many reasons to deter women from
denunciation, it is easy to understand how small a proportion of the
cases of solicitation reached the Inquisition. In 1695, Fray Luis
Aritio, a Recollect, was accused to the tribunal of Valencia by two
women and, on his trial, he confessed to ten.[206]
[Sidenote: _IS A TECHNICAL OFFENCE_]
The most available means of overcoming this repugnance was to render
denunciation a binding obligation on the woman. To effect this as far as
possible, when, in 1571, the clause in the Edict of Faith was suspended,
the Suprema issued an edict requiring confessors, under pain of
excommunication, not to absolve penitents confessing to having been
solicited, unless they would promise to denounce the offender.[207] It
was admitted, however, that there were degrees of danger which would
release the woman from the obligation, and casuists endeavored to define
this with their usual acuteness and lack of unanimity. One learned
writer, about 1620, even laid down the general principle that natural
law is superior to positive law, and the preservation of reputation
belongs to the former, while the obligation to denounce belongs to the
latter.[208] The Roman Inquisition, in 1623, made a concession to this
weakness, by providing that, when noble or modest women could not be
induced to denounce, there might be granted to their confessors
faculties to absolve them, on condition that, when the cause of fear was
removed, they would fulfil the duty, but this permission apparently was
abused for, in 1626, inquisitors and bishops were warned to grant such
faculties only when there were serious grounds.[209] That danger was
really sometimes incurred would appear from some fragmentary cases in
the Valencia records. In one of these, a baffled confessor threatens his
penitent with death if she betrays him; in another a priest, on finding
himself denounced, similarly threatens the confessor who had been the
medium of denunciation, unless he will write that the women had
withdrawn their statements.[210] The Spanish Inquisition, however, made
no allowances. It was apparently to put an end to the refinements of
casuistry that when, in 1629, it distributed to the tribunals the brief
of Gregory XV, it granted to all inquisitors a faculty to punish
confessors who taught that penitents were not obliged to denounce such
solicitors.[211] To render this more effective, in 1713, it ordered
that all women bringing charges of solicitation should be interrogated
whether any confessor had neglected to impose on them the obligation of
denunciation, and if so his name, residence and all the circumstances
were to be ascertained, so that he could be called to account.[212]
Public-domain text, read in full here on John Shaqi.
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