History of the Inquisition of Spain. Henry Charles Lea

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СКАЧАТЬ to turn aside to settle this portentous quarrel. A royal letter of June 16, 1643, ordered the inquisitors to restore to the canons certain properties which they had seized and to remove the excommunications, while reference to similar decisions at Compostella, Granada and Cartagena shows how obstinate and repeated had been the effort of the Holy Office. Notwithstanding this the tribunal of Córdova refused obedience to the royal mandate and a second letter, of September 28th from Saragossa, where Philip was directing the campaign against Catalonia, was required. This was couched in peremptory terms; the excommunications must be removed and, for the future, the Roman ceremonial must be observed, prescribing that in the absence of the bishop, the reverence must be made to the sacrament.[888]

      QUESTIONS OF CEREMONY

      While thus steadily endeavoring to encroach on the rights of others, the Inquisition was supersensitive as to anything that might be reckoned as an attempt by other bodies to assert superiority, and it vindicated what it held to be its rights with customary violence. When the funeral solemnities of Queen Ana, of Austria were celebrated in Seville, in 1580, a bitter quarrel about precedence in seats arose between the tribunal, the royal Audiencia or high court and the city authorities, when the former arbitrarily suspended the obsequies until consultation could be had with Philip II, then in Lisbon, engaged in the absorption of Portugal. He regulated the position which each of the contending parties should occupy and the postponed honors were duly rendered. Matters remained quiescent until a similar function became necessary, after the death of Philip in 1598. The city spent weeks in costly preparations and the catafalque erected in the cathedral was regarded as worthy of that magnificent building. November 29th was fixed for the ceremonies; on the vigil, the regent, or president judge of the Audiencia, sent a chair from his house to the place assigned to him, but the chapter protested so vigorously against the innovation that he was obliged to remove it. The following morning, when the various bodies entered the church at half-past nine, the benches assigned to the judges and their wives were seen to be draped in mourning. This was at once regarded as an effort on their part to establish pre-eminence and excited great indignation. The services commenced and during the mass the inquisitors sent word to the cabildo, or city magistracy, that it should order the mourning removed. After some demur, the cabildo sent its procurador mayor, Pedro de Escobar, with a notary and some alguaziles to the Audiencia, bearing a message to the effect that if the drapery were not removed, the inquisitors and the church authorities were agreed that the ceremonies should be suspended. He was told not to approach and on persisting he and his followers were arrested and thrown into the public gaol. The inquisitors then sent their secretary with a message, but he too was kept at a distance when he mounted the steps of the catafalque and cried out that the tribunal excommunicated the three judges, Vallejo, Lorenzana and Guerra, if they did not depart. A second time he came with a message, which he was not allowed to deliver, and again he mounted the steps to declare all the judges excommunicated and that they must leave the church in order that the services might proceed, for the presence of excommunicates was a bar to all public worship. This was repeated again by the fiscal, when the Audiencia drew up a paper declaring the acts of the tribunal to be null and void and ordering it to remove the censure under pain of forfeiting citizenship and temporalities, but the scrivener sent to serve it was refused a hearing and on his persisting was threatened with the pillory. The alcalde of the city endeavored to calm the inquisitors, but Inquisitor Zapata replied furiously that if St. Paul came from heaven and ordered them to do otherwise they would refuse if it cost them their souls.

      Meanwhile there were similar trouble and complications among the church authorities. The vicar-general, Pedro Ramírez de Leon, ordered the services resumed, under pain, for the dean and officiating priest, of excommunication and of a thousand ducats; the precentor and canons appealed to the pope, but the vicar-general published them in the choir as excommunicates. The celebrant, Dr. Negron, was sought for, but he had prudently disappeared in the confusion and could not be found. It was now half-past twelve and the canons sent word to the Audiencia that they were going and it could go. To leave the church, however, would seem like an admission by the judges that they were excommunicate and they grimly kept their seats. The cabildo of the city and the tribunal were not to be outdone and the three hostile groups sat glaring at each other until four o’clock, when the absurdity of the situation grew too strong and they silently departed. Meanwhile the candles had been burning until five hundred ducats’ worth of wax was uselessly consumed.

      So complicated a quarrel could of course only be straightened out by the king to whom all parties promptly appealed. The judges proved that they had not draped their benches as a sign of pre-eminence but had proposed that the same be done by the cabildo and the tribunal. As far as regards the latter, the royal decision was manifested in two cédulas of December 22d. One of these told the inquisitors that they had exceeded their jurisdiction in excommunicating the judges, whom they were to absolve ad cautelam and they also had to pay for the wasted wax. The other ominously ordered the inquisitors Blanco and Zapata to appear at the court within fifteen days and not to depart without licence. At the same time, on December 21st the suspended obsequies were duly celebrated.[889]

      SUPERIORITY TO LAW

      It will be seen from these cases that the only appeal from inquisitorial aggression lay to the king and that, even when the inquisitors were wholly in the wrong and the royal decision was against them, no steps were taken to keep them within bounds for the future. The altered position of the Holy Office under the Bourbons was therefore significantly indicated by a decision of Fernando VI in 1747. At the celebration in Granada, on September 11th, of his accession, the chancillería, or great high court of New Castile, observed that the archbishop occupied a chair covered with taffety, outside of his window overlooking the plaza, and that the inquisitors had cushions on their window-sills. It sent messengers to request the removal of these symbols of pre-eminence and, on receiving a refusal in terms of scant respect, it stopped the second bull-fight and put an end to the ceremonies. The matter was referred to the king, when the Suprema, in a memorial of solemn earnestness, argued that the Inquisition had for centuries been in the uncontested enjoyment of the privilege of which it was now sought to be deprived. It was the highest tribunal, not only in Spain but in the world, as it had charge of the true religion, which is the foundation of all kingdoms and republics. The time had passed for this swelling self-assertion. Full discussion was devoted to the momentous question and, on October 3d, Fernando issued a decree which proclaimed to Spain that the Holy Office was no longer what it had been. This was to the effect that, as the chancillería represented the royal jurisdiction, and thus indirectly the king himself, it was entitled to pre-eminence in all such celebrations and in those of the royal chapel; it was justified in its action and thereafter no such signs of dignity as canopies, cushions, ceremonial chairs and the like should be used in its presence. In case of attempts to do so, one of the alcaldes del crimen with his officers should remove them and punish any workmen in setting them up.[890]

      The Inquisition and its members were protected in every way from subjection to local laws and regulations. An edict of Charles V, in 1523, forbade all municipalities or other bodies from adopting statutes which should in any way curtail their privileges or be adverse to them and, if any such should be attempted he declared them in advance to be null and void.[891] This in fact, was only expressing and enforcing the canon laws enacted in the frenzied efforts to suppress heresy in the thirteenth century and still in vigor. A constitution of Urban IV (1261–5) declares invalid the laws of any state or city which impede, directly or indirectly, the functions of the Inquisition, and the bishop or inquisitor is empowered to summon the ruler or magistrates to exhibit such statutes and compel him by censures to revoke or modify them.[892] While this was designed to prevent the crippling of the Inquisition by hostile legislation, it inferred a superiority to law and was construed in the most liberal way, as was seen in a struggle in Valencia which lasted for nearly two centuries. A police regulation for the improvement of the market-place ordered the removal of all stands for the display of goods under the arcades of the houses. One house belonged to the tribunal; its tenant was the worst offender, and he obstinately kept his stand and appealed to the tribunal for protection against the law. This protection was accorded with such vigor in 1603, that the saintly Archbishop, Juan de Ribera, who was also captain-general, vainly endeavored СКАЧАТЬ