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
Although the zeal of Charles VI led to increased activity of the
tribunal in matters of faith, he was little disposed to tolerate its
abuse of its temporal jurisdiction, which had led to so many fruitless
remonstrances under Spanish domination. In letters of January 26, 1729,
to his viceroy the Count of Sástago, he recites the complaints made to
him, by the English factory, that foreign merchants were exposed to
constant frauds by bankruptcies of debtors who claimed the forum of the
Inquisition or of the Santa Cruzada, where creditors could get no
justice or even ascertain whether the bankruptcies were fictitious or
not. The emperor therefore orders that in future the Concordias shall be
strictly construed and rigidly adhered to; that if the inquisitors
proceed by excommunication they shall experience the effect of “los
remedios económicos” (presumably the suspension of their emoluments) and
that in future all mercantile cases, whether civil or criminal, shall
not be entitled to the forum of the Inquisition--all of which was duly
proclaimed by the viceroy in an edict of March 17th. At the same time
the legal functionaries were required to investigate the whole subject
and report what further measures might be essential to prevent
interference with the course of justice. The result of their labors is
embodied in a Pragmatic Sanction of May 12, 1732, consisting of eleven
articles, whereby it was ordered that the inquisitorial forum should not
include exemption from military service and taxes; that widows of
stipendiary officials should enjoy the forum only during widowhood; that
the privilege of bearing arms should be exercised only when in actual
service of the Inquisition; that commissions as messengers should not be
given to shipmasters; nobles holding fiefs were not to be enrolled as
familiars; the forum was not to exempt from serving in onerous public
office and the use of excommunication in cases of impeding jurisdiction
was allowed under certain limitations. This latter is explained by a
decision of March 6, 1734, on cases in which the inquisitors had
excommunicated D. Antonio Crimibela, a judge of the Gran Corte and D.
Felipe Venuto, _capitan de justicia_ of Paternò, when it was ordered
that excommunications could only be employed in matters of faith and in
cases where the secular tribunals had refused the conference preliminary
to forming a competencia to decide as to the jurisdiction.[85]
Public-domain text, read in full here on John Shaqi.
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