History of the Inquisition of Spain. Henry Charles Lea

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СКАЧАТЬ will favor and defend and aid the holy Catholic faith and the holy Inquisition, its ministers and officials, and will manifest and make known each and every heretic, fautor, defender and receiver of heretics and all disturbers and impeders of the Holy Office, and that he will not favor, or help, or conceal them but, as soon as he knows of them, he will denounce them to the inquisitors; and if he does otherwise that God may treat him as those who knowingly perjure themselves: Let every one say Amen!”[874] When the sovereign was present at an auto this general oath did not suffice and he took a special one. Thus, at the Valladolid auto of May 21, 1559, the Inquisitor-general Valdés administered it to the Regent Juana and at that of Madrid, in 1632, Inquisitor-general Zapata went to the window at which Philip IV was seated, with a missal and a cross, on which the king swore to protect and defend the Catholic faith as long as he lived and to aid and support the Inquisition—an oath which was then duly read aloud to the people.[875] Thus the whole nation was bound, in the most solemn manner, to be obedient to the Inquisition and to submit to what it might assert to be its privileges.

      How purely ministerial were the functions of the public officials in all that related to the Inquisition, even under Philip V, was illustrated when, at Barcelona, in an auto de fe, June 28, 1715, a bigamist named Medrano was sentenced to two hundred lashes to be inflicted on the 30th. On the 29th word was sent to the public executioner to be ready to administer them, but the Viceroy, the Marquis of Castel-Rodrigo, forbade the executioner to act until he should give permission, holding that no public punishment should be inflicted until he should be officially notified of the sentence. There were hasty conferences and debates, lasting to nearly midnight, and it was not until 7 A.M. of the 30th that the marquis gave way and the sentence was executed. The tribunal reported the affair to the Suprema, which replied in the name of the king, diplomatically thanking the marquis and rebuking his legal adviser, who was told that it was his duty and that of all officials to be obedient to the Inquisition.[876]

      As a perpetual reminder of this subordination, there appears to have been kept in the royal chancellery the formula of a letter addressed to all viceroys and captains-general. This recited the invaluable services of the Inquisition in clearing the land of infinite heretics and preserving it from the convulsions afflicting other nations, thus rendering its efficiency one of the chief concerns of the crown. Therefore the king charges his representatives emphatically to honor and favor all inquisitors, officials and familiars, giving them all the necessary aid for which they may ask and enforcing the observance of all the privileges and exemptions conceded to them by law, concordias, royal cédulas, use and custom and in any other way, so that the Holy Office may have the full liberty and authority which it has always enjoyed and which the king desires it to retain. A copy of this was sent to all the viceroys in 1603 and, as I have chanced to find it again addressed, in 1652, to the Duke of Montalto, then Viceroy of Valencia, it was presumably part of the regular instructions furnished to all who were appointed to these responsible positions.[877]

      POWER TO CRIPPLE OPPONENTS

      In the interminable conflicts through which the Inquisition established its enjoyment of the powers thus conferred, the inquisitor was armed, offensively and defensively, in a manner to give him every advantage. He could, at any moment, when involved in a struggle with either the secular or ecclesiastical authorities, disable his opponent with a sentence of excommunication removable only by the Holy Office or the pope and, if this did not suffice, he could lay an interdict or even a cessatio a divinis on cities, until the people, deprived of the sacraments, would compel submission. It is true that, in 1533, the Suprema ordered that much discretion should be exercised in the use of this powerful weapon, on account of the indignation aroused by its abuse, but we shall have ample opportunity to see how recklessly it was employed habitually, without regard to the preliminary safeguards imposed by the canons.[878] On the other hand, the inquisitor was practically immune. His antagonists were mostly secular authorities who had no such weapon in their armories and, when he chanced to quarrel with a prelate, he usually took care to be the first to fulminate an excommunication, and then unconcernedly disregarded the counter censures as uttered by one disabled from the exercise of his functions, for the anathema deprived its subject of all official faculties. It had the contingent result, moreover, that he who remained under excommunication for a year could be prosecuted for suspicion of heresy.[879]

      There was another provision which rendered it even more formidable as an antagonist. In matters of faith and all pertaining directly or indirectly thereto, its jurisdiction was exclusive. In the extensive field of civil and criminal business, of which it obtained cognizance through the immunities of its officials and, in the frequent quarrels arising from questions of ceremony and precedence, no court, whether secular or spiritual, had power to inhibit any action which it might see fit to take. By special papal favor, however, it had power to inhibit their action and thus to cripple them on the spot. This extraordinary privilege, with power to subdelegate, appears to have been first granted in the commissions issued, in 1507, to Ximenes and Enguera as inquisitors-general respectively of Castile and Aragon and was repeated in those of Luis Mercader and Pedro Juan Poul in 1513.[880] For a considerable time this clause disappears from the commissions, but, towards the close of the century, it again finds place, in a more detailed and absolute form in that granted to Manrique de Lara, after which it continued in those of his successors to the end. It confers the power of inhibiting all judges, even of archiepiscopal dignity, under pecuniary penalties and censures to be enforced by the invocation of the secular arm and of absolving them after they shall have submitted and obeyed.[881] This proclaimed to the world that the Inquisition outranked all other authorities in Church and State and the power was too often exercised for its existence to be ignored or forgotten. This superiority found practical expression in the rule that, in the innumerable conflicts of jurisdiction, all secular and ecclesiastical judges must answer communications from inquisitors in the form of petition and not by letter. If they replied to commands and comminations by letter they were to be fined and proceedings were to be commenced against them and their messengers, and they were required to withdraw and erase from their records all such letters which were held to be disrespectful to the superiority of the Holy Office.[882]

      ASSERTION OF SUPERIORITY

      It was an inevitable inference from this that there was no direct appeal from whatever a tribunal might do except to the Suprema, which, though it might in secret chide its subordinates for their excesses, customarily upheld them before the world. The sovereign, it is true, was the ultimate judge and, in occasional cases, he interposed his authority with more or less effect, but the ordinary process was through a competencia, a cumbrous procedure through which, as we shall see, the Inquisition could wrangle for years and virtually, in most cases, deny all practical relief to the sufferers.

      Another weapon of tremendous efficacy was the power of arrest, possessed at will by inquisitors during the greater portion of the career of the Inquisition. Even to gratify mere vindictiveness, by simply asserting that there was a matter of faith, the inquisitor could throw any one into the secret prison. The civil magistrate might thus abuse his authority with little damage to the victim, but it was otherwise with the Inquisition. In the insane estimate placed on limpieza de sangre, or purity of blood, the career of a man and of his descendants was fatally narrowed by such a stain on his orthodoxy; it mattered little what was the outcome of the case, the fact of imprisonment was remembered and handed down through generations while the fact of its being causeless was forgotten. In the later period, when the Suprema supervised every act of the tribunals, the opportunities for this were greatly restricted, but during the more active times the ill-will of an inquisitor could at any moment inflict this most serious injury and the power was often recklessly abused in the perpetual conflicts with the secular authorities. The ability thus to destroy at a word the prospects in life of any man was a terrible weapon which goes far to explain the awe with which the inquisitor was regarded by the community.

      That the inquisitor should assume to be superior to all other dignitaries was the natural result of the powers thus concentrated in him. Páramo asserts that he is the individual СКАЧАТЬ