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
There were other intricate questions arising from human perversity. A
Cunha tells us that the more probable opinion affirms the guilt of a
confessor who acts as a pimp with his penitent for the benefit of
another, and also in the more frequent case in which he solicits the
penitent to serve as procuress for him with her daughter or a friend. De
Sousa, however draws a distinction and asserts positively that, in the
former case, he is liable under the papal briefs and, in the latter, he
is not, nor is he if he tries to seduce a woman who is confessing to
another priest.[219] Then there was a nice question as to priests
without faculties to hear confessions, or who were under suspension or
excommunication, on which the doctors were evenly divided.[220]
Distantly akin to this were cases in which laymen would secrete
themselves in confessionals and listen to confessions, whether from
prurient motives, or through jealousy, or to obtain opportunities for
seduction. If they carried deceit to the point of conferring absolution,
they incurred serious penalties, as we shall see hereafter; if they
merely solicited the penitent, the weight of authority is that there is
no sacrament and no liability to the papal briefs.[221]
There was another phase of the subject on which the doctors were
hopelessly divided--what was known as passive solicitation, where the
woman was the tempter. This case, we are told, was rare, and we can
readily believe it, although there are not wanting zealous defenders of
the cloth who assert that in the majority of cases the penitent is
really the guilty party. The earliest allusion to the matter is by
Páramo, in 1598, whose treatment of it shows that as yet there had been
no formal decision; if the confessor resists, he says, he should
denounce the woman; if he yields, he should denounce both her and
himself, though perhaps it would be best to consult the pope.[222] As
regards the confessor, the authorities differ irreconcileably, but they
are virtually unanimous in holding that, as the woman is not mentioned
in the papal briefs, she is not subject to the Inquisition.[223] Yet,
notwithstanding the absence of papal authority, we happen to find María
Izquierda prosecuted for this offence, in 1715, by the Valencia tribunal
and, in 1772 Antonia Coquis, wife of Bruno Vidal, by that of
Madrid.[224]
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