The censorship of the Church of Rome and its influence upon the production and distribution of literature, volume 2 (of 2)Putnam, George Haven
History
The censorship of the Church of Rome and its influence upon the production and distribution of literature, volume 2 (of 2)
Putnam, George Haven
Freedom of the press; Liberty of conscience; Prohibited books
The Spanish kings had in practice usually been able to maintain the
_regalias_ or rights which they held to be inherent in the Crown, but
there were still questions left to be debated by publicists and canon
lawyers. The advocates of the royal prerogative were known as Regalists
and came naturally into antagonism with the authority of Rome and with
the contentions of the Ultramontanists. The issue was complicated
by the determination of the Inquisition to maintain at any cost the
supremacy of its jurisdiction over that of all secular tribunals.[40]
The Inquisition was able to utilise its powers of censorship to sustain
its aggressions upon the other departments of government. In the
Index of Clement VIII, published in 1596, the instructions that had
been reprinted in the successive Indexes ordered the expurgation of
all propositions which were antagonistic to ecclesiastical liberty,
immunity, and jurisdiction. In 1606, the Jesuit Henriquez, in his
treatise entitled _De Clavibus Romani Pontificis_, defended the right
of appeal from the ecclesiastical courts to the Royal Council (of
Spain). By order of the papal nuncio, the edition was cancelled so
successfully that only three or four copies survived. In 1618, in a
treatise by Cevallos, a similar contention was maintained on behalf
of the authority of the State. In 1624, this work was prohibited
by a separate decree, notwithstanding the application made by the
King (Philip III) through his ambassador at Rome, to prevent the
condemnation of a book that maintained the rights inherent in the
sovereign. The censorship authorities of Spain declined to ratify the
papal decree. In a case such as this, the Inquisition and the Crown
had interests in common. If the Crown had failed to vindicate its
independence, the Inquisition would have been reduced to subjection
to the Roman Congregations.[41] When the Inquisition failed in its
duties in regard to the examination of books before publication,
the State assumed for itself the direct exercise of the functions
of condemnation and suppression. In 1694, a treatise attributed
to Barambio was issued under the title of _Casos reservados a su
Santidad_, in which the royal prerogative was impugned. The book was
never placed upon the Index, but it was formally condemned under royal
decree, and the edition was ordered cancelled. In 1760, King Carlos III
issued regulations prescribing the rules respecting papal briefs, and
prescribing further the system under which the censorship functions of
the Inquisition were to be kept under subordination to the State. The
decree was recalled in 1763, but was reissued in 1768 with an appeal
to the spirit of the _Constitution_ of Benedict XIV, issued in 1753,
under which _Constitution_ the proceedings of the Roman Congregations
had been reformed. No edict concerning censorship was thereafter to
be published until it had been submitted to and approved by the King.
The Inquisition was thus placed under wholesome restrictions, but,
Public-domain text, read in full here on John Shaqi.
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