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
Discussion continued as lively as ever. In 1492, Bernardo Basin, a
learned canon of Saragossa, considered it necessary to prove by logic
that all pact with the demon, implicit or explicit, if not heresy was
yet to be treated as heresy.[403] In 1494, the _Repertorium
Inquisitorum_ in quoting the canon law, that sorcery must savor of
heresy to give jurisdiction of the Inquisition, still admits that there
is no little difficulty in defining what is meant by savoring of heresy,
while even at the close of the sixteenth century Peña tells us that no
question excited more frequent debate.[404] It is true that, in 1451,
Nicholas V had conferred on Hugues le Noir, Inquisitor of France,
cognizance of divination, even when not heretical, but this had been a
special provision, long since forgotten.[405]
The tendency, however, was irresistible to extend the definition of
heretical sorcery, and to bring everything under the Inquisition. In
1552 Bishop Simancas argues that the demon introduces himself into all
superstitious practices and charms, even without the intention of the
man; he admits that many jurists argue that it is uncertain whether
divinations and sorceries savor of manifest heresy, and therefore
inquisitors have not cognizance of them, but the contrary is accepted by
law, reason and custom, for it is a well-known rule that, when there is
a doubt whether a judge has jurisdiction, the jurisdiction is his, and
this matter is not exceptional; inquisitors can proceed against all
guilty of these offences as suspect of heresy and this is received in
practice.[406] Yet in practice these conclusions were reached
tentatively. In 1537 Doctor Giron de Loaysa, reporting the results of a
visitation of the Toledo tribunal, says that he has examined many
processes for sorcery and desires instructions, for there are a number
which are more foul and filthy than heretical; and even as late as 1568
the Suprema, in acting on the Barcelona visitation of de Soto Salazar,
reproves Inquisitor Mexia for inflicting a fine of ten ducats and
spiritual penances on Perebona Nat, for having used charms and uttered
certain words over a sick woman; such cases, it says, do not pertain to
the Inquisition, and in future he must leave all such matters to the
Ordinary, to whom they belong.[407]
[Sidenote: _INFERENTIAL HERESY_]
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