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
In this the tribunal regarded rather its own ambition to extend its
jurisdiction than the interests of the faith, for the whole career of
the Philippine commissionership manifests the impossibility of
conducting such a business at the distance of a hundred and forty
degrees of longitude, when perhaps a year or two might pass without a
vessel reaching Acapulco from Manila. The duties and powers of a
commissioner were strictly limited and defined. As a rule he could do
nothing except in execution of orders from the inquisitors; without such
orders he could not make arrests, unless there was immediate danger of
the escape of the accused; he could only gather information, report it
and await instructions, and it was the same with regard to
sequestration; if involved in a competencia he could issue inhibitions
on the rival judges, but he could not put into execution the censures
and penalties threatened in the formulas unless authorized by the
tribunal.[557] In the detailed instructions sent to Manrique along with
his commission there is little concession made to the difficulties of
distance and communication by enlarging his powers. Although he is not
allowed to sequestrate property, he is to inventory it and see that it
is left in charge of a proper person, but this must be an arrangement
between the accused and the depository in which the Inquisition assumes
no responsibility. He is expressly told that he can make no arrests
without orders, but an exception is made in the case of bigamy, on
account of its frequency, when, if he obtains positive evidence against
a culprit, he can arrest him and send him to Mexico, confining him in
the royal gaol at the public expense, while awaiting a vessel. On the
other hand, he is not to interfere with the secular or spiritual courts
when they prosecute for bigamy and, if they offer to surrender an
offender, he is to tell them to send him to Mexico, but not at the
expense of the Inquisition.[558] Subsequently, in 1611, another
exception was made, in the crime of solicitation in the confessional.
The tribunal wrote to the Suprema that, in consequence of the number of
denunciations, and in view of the need of the culprits’ presence in the
Philippines, whither they had been sent at the royal expense, it had
ordered that only two who seemed most guilty should be shipped to Mexico
for trial and sentence. It further suggested that in future the
commissioner should have power, in conjunction with a judge or other
qualified person, to try the cases and send merely the papers to Mexico
where the sentence should be rendered. To this the Suprema assented,
adding that, in view of the distance and delay, the prisoner should
meanwhile be discharged on bail--which indicates that in these cases the
commissioner could arrest.[559] This does not seem to have been strictly
carried out for, in 1613, we chance to hear of three culprits of this
kind, sent from Manila to Mexico, with the papers, for sentence. One of
Public-domain text, read in full here on John Shaqi.
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