The inquisition in the Spanish dependencies: Sicily—Naples—Sardinia—Milan—the Canaries—Mexico—Peru—New GranadaLea, Henry Charles
History
The inquisition in the Spanish dependencies: Sicily—Naples—Sardinia—Milan—the Canaries—Mexico—Peru—New Granada
Lea, Henry Charles
Inquisition
Among the documents issued in 1570 is a cédula addressed to the colonial
authorities, in which Philip conveys to them the regulations adopted by
the inquisitor-general. In the city of Mexico there are allowed twelve
familiars, in the cathedral towns four, in other towns one. Lists of
these and of all changes are to be furnished to the local magistracy, so
that they may see that the number is not exceeded and, in case of
improper appointments, they are to report to the tribunal or, if
necessary, to the inquisitor-general. In civil suits the familiars are
not entitled to the fuero, whether as plaintiffs or defendants. In
criminal matters not as plaintiffs while, as defendants, they are to
enjoy it except in cases of treason, unnatural crime, raising popular
commotions, forging letters of safe-conduct, resistance to royal
commands, abduction or violation of women, highway robbery, house or
church breaking, arson of houses or harvests and “other crimes greater
than these” and also in resistance or disrespect to the royal judges.
Excepted also is official malfeasance in those holding public office.
Arrest by secular judges is permitted, in cases entitled to the fuero,
provided the culprit is handed over to the Inquisition, together with
the evidence, which is to be at his expense. If the offence is committed
outside of the city of Mexico, the offender cannot return to his place
of residence without exhibiting a copy of the inquisitorial sentence,
with evidence of its fulfilment. By a cédula of May 13, 1572, moreover,
offences committed against Indians were added to the excepted
cases.[483]
This all appears definite enough, but it was easily evaded. At first
there seems to have been a disposition to conform to its intent. In
1575 a familiar named Rodrigo de Yepes, who had given the lie to, and
repeatedly struck in the face, the alcalde of Valladola, was arrested by
the civil magistrate and claimed by the tribunal but, after a
competencia, or discussion of the case by the civil and inquisitorial
authorities, the latter admitted that it was excepted and surrendered
him. On the other hand, in 1615, Diego de Carmona Jamariz, a familiar of
Puebla, was arrested for the murder of his enemy, Joan de Olivárez, and
was surrendered to the Inquisition without a competencia, although
murder would seem to be a greater crime than highway robbery or
burglary. The widow prosecuted him before the tribunal, but it was
useless and the case was dropped. In Spain, the Inquisition had devised
the ingenious argument that, until a crime was proved, it could not be
classed as excepted and therefore the affair was under its jurisdiction
until conviction, which enabled it to protect its familiars, and this
plea was used, in 1616, in the case of Gonzalo Antúnez Yáñez, a
familiar, prosecuted by order of the viceroy.[484]
Public-domain text, read in full here on John Shaqi.
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