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
fairs, with descriptions and the names of the owners, who were required
to keep an account of all sales and purchasers. This however, applied
only to natives; as for Frenchmen and Béarnais, any horses that they had
were seized without ceremony; if the owner was a Frenchman, the horses
would be kept, awaiting instructions from the Suprema; if a Béarnais, he
was seized with his horses and prosecuted, as being included in the
Edict. Spaniards found with horses going towards France or Béarn, were
treated like Frenchmen--the horses were sold to pay expenses and, if any
balance was left, it was handed to the receiver. Pains, moreover were
taken to find who made a trade of passing horses to France; they were
arrested on some pretext and thrown into prison; if evidence were found
against them, they were prosecuted; if not, after detention they were
released under bail, because, as the inquisitors said, there was no
penalty expressed in the Edict or in the laws of the kingdom. In view of
the risk that the parties might apply for a firma or manifestacion, the
Suprema was asked for further instructions, when it replied, July 1,
1574, that the prosecutions were to be conducted as in cases of heresy,
the accused be required to give their genealogies and then, if recourse
was had to manifestacion, it was to be met with an assertion that the
case was a matter of faith. Yet the fraudulent character of this
assumption is revealed in the admission that the secular magistrates
could prosecute for the offence.[574]
Thus the zeal and activity of the Inquisition, working through its
disregard of all laws, and its methods of procedure, virtually placed
under its control the whole trade of the kingdom in horse-flesh.
Encouraged by this, the Saragossa tribunal sought a still further
extension of jurisdiction and, in 1576, it reported to the Suprema great
activity in the exportation to France, Béarn and Gascony of arquebuses,
powder, sheet iron for cuirasses and other warlike material, and it
suggested an edict concerning that trade similar to that respecting
horses. To this the Suprema assented, with the caution that it must be
understood that these arms and munitions were intended for
heretics.[575] The difficulty inherent in this probably prevented
action, for I have met with no case of its enforcement.
It will be observed that the Saragossa tribunal pointed out that there
was no penalty defined by law for the offence. This omission was
rectified in the Córtes of Tarazona, in 1592, which deprived of what was
known as the _via privilegiata_ a long list of crimes, including that of
passing horses and munitions of war to Béarn and France, with the
addition that it could be punished with the death-penalty.[576]
Public-domain text, read in full here on John Shaqi.
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