A History of the Inquisition of Spain; vol. 2

by Henry Charles Lea

JURISDICTION CLAIMED

The affair of Carranza seems to have been regarded as weakening the position of bishops and, with the customary audacity of the inquisitors in extending their jurisdiction, the tribunal of Cuenca boasted or threatened that it would arrest the bishop. The services of the incumbent, Pedro de Castro, in furnishing evidence against Carranza, had been too recent to permit him to be hoisted by his own petard and Valdés, in a letter of June 17, 1560, rebuked the tribunal for its superserviceable zeal.[241] We have seen how the bishops, at the Council of Trent, endeavored to protect themselves by reserving to the pope exclusive right to pronounce sentence, but this was of small avail when he assumed the right to delegate his power as he pleased. When Sixtus V, January 25, 1586, issued a commission to the Cardinal Archduke Albert of Austria, as inquisitor-general of Portugal, it specifically subjected archbishops, bishops and patriarchs to his jurisdiction and that of his subdelegates.[242] As Portugal was under the Spanish crown, this served as a precedent when in December, 1629, the Inquisition desired to prosecute Gavino Mallani, Archbishop of Oristano in Sardinia, against whom it had gathered evidence that, since his consecration, in 1627, he had never been to confession or had celebrated mass, that he was a blasphemer, that he had a familiar demon confined in a ring, etc. The Suprema submitted to Philip IV the Portuguese commission and asked him to instruct his ambassador to procure a similar one for Spain or, failing this, to obtain a special brief for the case of Mallani. Philip ordered the necessary letter to be drafted for his signature, but the effort failed. Mallani was probably sent to Rome with the evidence, for he was deposed, being succeeded, in 1635, by Pedro Vico, while he did not die until 1641.[243] In spite of this recognition of lack of jurisdiction over bishops, we have seen (Vol. I, p. 501) that, in the quarrel with Manjarre de Heredia, Bishop of Majorca, in 1668, Inquisitor-general Nithard claimed that the Inquisition could prosecute him criminally. He had the effrontery to assert, in a consulta of February 5, 1668, that its possession of this power was so notorious and so completely established in practice as to require neither argument nor demonstration, and the infatuated queen-regent sustained him in summoning the bishop to appear for trial. In spite of an adverse decision in Rome, the Inquisition continued the prosecution, even after the expulsion of Nithard, and proceedings ceased only with the death of the bishop.[244]

The next case in which the Inquisition had to deal with a bishop was one which attracted much attention at the time—that of José Fernando de Toro, Bishop of Oviedo. We shall have to consider it hereafter in its relation with Illuminism and Molinism and need only say here that he was an adept in the dangerous mysticism which mistook the promptings of the senses for divine impulses and taught that union with God conferred impeccability. There was no doubt of his guilt, for he confessed freely when arraigned, and the Inquisition raised no question as to the exclusive papal jurisdiction. After elaborate investigation, Inquisitor-general Ibañez de la Riva Herrera put the mass of testimony into shape and sent it to Clement XI, November 27, 1709. On June 7, 1710, Clement authorized the imprisonment of Toro and the prosecution of the case, the results to be sent to him. After the death of Ibañez, a fresh commission was sent to his successor Giudice; in 1714 Clement granted permission to Toro to come to Rome, but this was not carried out until 1716, when he was confined in the Castle of Sant Angelo and his trial dragged on until 1719. Sentence was pronounced July 27th, with the same ceremonies as that of Carranza, the records of which were examined for the purpose.[245]

JURISDICTION ASSERTED

While the Inquisition thus freely admitted its incompetence to sit in judgement on bishops yet, in the next case that occurred, it asserted complete jurisdiction. Manual Abad Queipo was bishop-elect of Mechoacan (Valladolid) in Mexico where, although not consecrated, he was accepted by the chapter and governed the diocese as bishop, fulminating, in 1810, excommunication against Hidalgo and his followers, which was confirmed by the archbishop, Ligama y Beaumont.[246] He was thus fully recognized as bishop and it was probably the disturbed state of the land, during the rebellion of Hidalgo and Morelos, that prevented the assembling of bishops for his consecration. In the turbulence of the period he made enemies and an anonymous denunciation was lodged against him with the Mexican tribunal. It collected evidence and forwarded it, August 31, 1814, to the Suprema which referred it to the Madrid tribunal for investigation and report.

The question as to the liability of bishops-elect is rather intricate, dependent on whether there has been presentation by the king or election by the chapter and confirmation by the pope,[247] but it would seem that Queipo was not subject to the Inquisition, nor were the charges matters of heresy. The Madrid tribunal recognized this in its report, October 27, 1814, saying that he should be cited to answer, provided his office did not stand in the way, at the same time admitting that the charges were the work of enmity and that at most he had been careless in conduct and ministration. Queipo returned to Spain and, on February 12, 1816, the Suprema ordered the tribunal to proceed. He refused to acknowledge the jurisdiction; the tribunal, May 16th, pronounced his reasons invalid and the Suprema, September 2nd took the high ground that no one could question its acts; when it has once declared itself a competent judge no private person could dispute it or impede the execution of its decrees. This could only be done by an authority feeling its jurisdiction invaded and, as there was none such in the kingdom, he was only prejudicing his case, which otherwise he could expedite and preserve the right of maintaining his claims by a protest which would be admitted. Queipo offered to answer the charges extra-judicially, but this was refused and he was told that if he did not present himself to answer them fully within three days, he would be prosecuted in contumacy. He yielded under protest and was spared the humiliation of appearing in the Inquisition, for Inquisitor Zorilla was ordered to conduct the audiences in the convent where he was residing, but during them he was ordered not to leave it and when they were over he was set at liberty, under command to present himself at the house of the fiscal whenever summoned. Thus, at the end of its career, the Inquisition successfully asserted its jurisdiction over a bishop, but he had his revenge. It was evidently no accident that, in the revolution of 1820, Queipo was made a member of the Provisional Junta of March 9th which, on the same day, caused Fernando VII to decree the extinction of the Holy Office.[248]

CHAPTER IV.
THE EDICT OF FAITH.

OCCASIONAL allusions have been made above to the Edicts of Faith, whereby the tribunals obtained knowledge of offences coming within their jurisdiction. This was one of the most efficient methods by which that jurisdiction was exercised and was brought home to the consciences of the people as an ever-present power. It rendered every individual an agent of the Inquisition, bound under fearful penalties spiritual and temporal, to aid it in maintaining the purity of the faith and, at the same time, it made every man conscious that his lightest word or act might subject him to prosecution by that terrible court whose very name inspired dread. No more ingenious device has been invented to subjugate a whole population, to paralyze its intellect and to reduce it to blind obedience. It elevated delation to the rank of high religious duty, it filled the land with spies and it rendered every man an object of suspicion, not only to his neighbor but to the members of his own family and to the stranger whom he might chance to meet. Continued through generations, this could not fail to leave its impress on the national character. Even Mariana, in enumerating the results of the Inquisition, ventures to allude to the cautious reserve which it rendered habitual among Spaniards.[249]