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
It is perhaps not without interest to note the advanced age to which
some of these soliciting confessors retained the ardor which impelled
them to the offence. Cases of septuagenarians are by no means rare. The
Dominican, Fray Antonio de Aragon, sentenced, July 24, 1734, at Toledo,
was 78 and the Observantine, Fray Miguel Granado, denounced, in 1786, to
the Cuenca tribunal, was 80. In the former case the punishment was
mitigated in consideration of his years, though a less sympathizing
court would have heightened its rigor, in view of the evil which such a
sinner must have wrought during so prolonged a career.[244]
* * * * *
When, in 1561, the Inquisition obtained jurisdiction over solicitation,
it had no precedents on which to frame its procedure or to regulate the
penalties. The episcopal courts had been inert and merciful, and the
fact that the offence had been transferred from them inferred that the
new jurisdiction was expected to be vigorous and rigorous. Its first
care, however, was to preserve secrecy and avert scandal, so that no
layman should be admitted to knowledge of clerical delinquencies. The
earliest utterance is a carta acordada of 1562, prescribing that, when
the denunciation affords conclusive evidence, it shall be considered by
the inquisitors and Ordinary, without calling in the usual consultors,
and the arrest shall be made with the utmost circumspection; the accused
is to be admitted to bail; when the case is concluded, if he is a fraile
he is to be confined in his convent with orders not to preach or hear
confessions, or to have active and passive voice; if he is a secular
priest, he is to be confined somewhere else than where the offence was
committed, he is not to exercise his functions and the final disposition
of the case is to rest with the Suprema.[245] In 1572, consultors were
admitted to examine the evidence before arrest, but they were to be
exclusively clerics, and the result was to be submitted to the Suprema
before action. It made little difference that the heinousness of the
offence was emphasized, and the necessity of exemplary punishment, when
the culprit was treated with this exceptional tenderness.[246] In 1600,
even the Ordinary was excluded from the preliminary deliberations and
the Suprema was to be consulted before any action was taken.[247] The
same precautions as to publicity were to be observed with regard to the
sentences, which were to be read in the audience-chamber with closed
doors, the only witnesses present being a prescribed number of the
brethren of the culprit--members of his Order if he was a fraile, or
curas and rectors, if a secular priest.[248] The care taken to avert
attention from these delinquencies is illustrated in the case of Fray
Antonio de la Portería, in 1818; he was resident in the convent of
Mondonedo, and the guardian was ordered to send him on some pretext to
the house of the Order at Santiago, where he was duly tried.[249]
Public-domain text, read in full here on John Shaqi.
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