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A History of the Inquisition of Spain; vol. 2

Chapter 1: A HISTORY OF THE INQUISITION OF SPAIN
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The volume examines the legal and institutional machinery of the Spanish Inquisition, tracing how jurisdiction over heresy developed, how regular clergy and bishops contested authority, and how appeals to Rome, the Edict of Faith, and practices like limpieza shaped procedure. It details the centralization of power in the Inquisitor-General and Suprema, the organization and personnel of local tribunals, the role of unsalaried officials and familiars, and fiscal measures including confiscations that funded operations. Case studies and procedural chapters illustrate checks, abuses, and administrative evolution, with attention to penalties, recordkeeping, inspections, and the social consequences of purity laws and denunciation.

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Title: A History of the Inquisition of Spain; vol. 2

Author: Henry Charles Lea

Release date: October 21, 2013 [eBook #43990]
Most recently updated: October 23, 2024

Language: English

Credits: Produced by Chuck Greif and the Online Distributed
Proofreading Team at http://www.pgdp.net (This file was
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*** START OF THE PROJECT GUTENBERG EBOOK A HISTORY OF THE INQUISITION OF SPAIN; VOL. 2 ***

Every attempt has been made to replicate the original book as printed. Some typographical errors have been corrected. A list follows the text.
(etext transcriber's note)

THE INQUISITION OF SPAIN

WORKS BY THE SAME AUTHOR

 

A HISTORY OF THE INQUISITION OF THE MIDDLE AGES. In three volumes, octavo.

A HISTORY OF AURICULAR CONFESSION AND INDULGENCES IN THE LATIN CHURCH. In three volumes, octavo.

AN HISTORICAL SKETCH OF SACERDOTAL CELIBACY IN THE CHRISTIAN CHURCH. Third edition. (In preparation.)

A FORMULARY OF THE PAPAL PENITENTIARY IN THE THIRTEENTH CENTURY. One volume, octavo. (Out of print.)

SUPERSTITION AND FORCE. Essays on The Wager of Law, The Wager of Battle, The Ordeal, Torture. Fourth edition, revised. In one volume, 12mo.

STUDIES IN CHURCH HISTORY. The Rise of the Temporal Power, Benefit of Clergy, Excommunication, The Early Church and Slavery. Second edition. In one volume, 12mo.

CHAPTERS FROM THE RELIGIOUS HISTORY OF SPAIN, CONNECTED WITH THE INQUISITION. Censorship of the Press, Mystics and Illuminati, Endemoniadas, El Santo Niño de la Guardia, Brianda de Bardaxí.

THE MORISCOS OF SPAIN. THEIR CONVERSION AND EXPULSION. In one volume, 12mo.

 

A HISTORY
OF THE
INQUISITION OF SPAIN

BY
HENRY CHARLES LEA. LL.D.

———
IN FOUR VOLUMES
———

VOLUME II.


———

New York
THE MACMILLAN COMPANY
LONDON: MACMILLAN & CO., Ltd. 1922
All rights reserved

PRINTED IN THE UNITED STATES OF AMERICA


Copyright, 1906,
By THE MACMILLAN COMPANY.
——
Set up and electrotyped. Published January, 1906.

CONTENTS OF VOL. II.

BOOK III—JURISDICTION.
Chapter I—Heresy.
 PAGE
Importance attached to Unity of Belief1
Popular Abhorrence of Heresy2
Limitations of Inquisitorial Jurisdiction3
Classification of Heresy—Heresy both a sin and a crime4
Original Episcopal Jurisdiction5
The Inquisition obtains exclusive Jurisdiction6
Episcopal Concurrence—It is merely formal11
Jurisdiction over the Forum of Conscience10
The Question of Papal Indulgences24
Extension of Exclusive Jurisdiction26
Chapter II—The Regular Orders.
The Regular Clergy claim exemption from the Inquisition29
Fluctuations of the Struggle—the Inquisition triumphs31
Resistance of the Jesuits—their Defeat33
Jurisdiction assumed in Quarrels between the Orders37
Chapter III—Bishops.
Torquemada vainly seeks Jurisdiction over Bishops41
Cases of Dávila of Segovia and Aranda of Calahorra42
Case of Acuña of Zamora45
Jurisdiction conferred personally on Inquisitor-general Manrique44
      Case of Archbishop Carranza of Toledo45
      Inquisitor-general Valdés falls into disfavor46
      Seeks to re-establish himself by prosecuting Carranza48
      Carranza’s Orthodoxy—Melchor Cano49
      Carranza’s Commentaries on the Catechism54
      Royal and Papal Assent obtained for the Prosecution56
      Carranza’s Arrest and Incarceration, Aug. 22, 155965
      He recuses Valdés and two other Judges69
      Procrastination—Trial begins July 30, 156171
      Continued Delays—Intervention of Council of Trent in 156373
      Fruitless Efforts of Pius IV to expedite the trial75
      Pius V evokes the Case to Rome77
      Carranza reaches Rome May 28, 1567—Trial recommenced79
      Gregory XIII recommences the Trial in 157281
      Sentence rendered April 24, 157682
      Carranza’s Death, May 2d—Estimates of him84
Jurisdiction claimed over Bishops87
Cases of Toro of Oviedo and Queipo of Mechoacan88
Chapter IV—The Edict of Faith.
Its Effectiveness in stimulating Denunciations91
Its comprehensive Details93
Its Anathema95
Popular Training in Delation99
Chapter V—Appeals to Rome.
Supremacy of Papal Jurisdiction103
Conversos purchase Letters of Pardon from the Holy See104
Ferdinand and the Inquisition disregard them105
Papal Pardons claimed to be good in the Judicial Forum107
Struggle between Spain and Rome—Pardons sold and revoked108
Citation to Rome of Inquisitorial Officials118
Tergiversations of the Curia120
Charles V carries on the Struggle123
He obtains exclusive Appellate Jurisdiction for the Inquisitor-general126
But the Curia still entertains Appeals128
Friction continued under Philip II and Philip III129
Philip IV enforces surrender of papal letters132
Case of Gerónimo de Villanueva133
      His connection with the Convent of San Placido134
      He obtains an Acquittal from the Inquisition in 1632136
      Arce y Reynoso reopens the Case in 1643138
      Villanueva’s Sentence—His Appeal to Rome entertained143
      Persistent Resistance of Philip IV146
      Copies of the Papers sent to Rome in 1651154
      Efforts to have them returned continued until 1660157
Appeals to Rome forbidden under the Bourbons159
BOOK IV—ORGANIZATION.
Chapter I—The Inquisitor-General and Supreme Council.
Commissions of Officials expire with the Inquisitor-general161
Suprema at first merely a Consultative Body162
Rapid Increase of its Functions164
It becomes the ruling Power167
Its struggle with Inquisitor-general Mendoza in the Case of Froilan Diaz169
      Mendoza removes the opposing Members174
      Philip V. decides in favor of the Suprema and of Froilan Diaz177
The Suprema reduces the Tribunals to Subordination179
It gradually intervenes in Sentences and Trials181
It requires monthly Reports of current Business183
Centralization becomes complete—The Tribunals are merely ministerial185
Appellate Jurisdiction of Inquisitor-general and Suprema187
Control over all Details of the Tribunals189
Control over the Finances190
Salaries and Perquisites of the Suprema194
Its Enjoyment of Bull-fights198
Its Revenues and Expenses200
Chapter II—The Tribunal.
Gradual Delimitation into Districts205
Organization of the Tribunal—Multiplication of Officials208
Vain efforts to restrict the Number211
Sale of Offices212
Census of Officials in 1746216
Hereditary Transmission of Office218
Tenderness shown to official Malfeasance and its Results223
Visitations or Inspections of the Tribunals227
The Palace or Building of the Tribunal230
The Personnel of the Tribunal—The Assessor232
      The Inquisitors—Their Qualifications233
      Their Duty of visiting their Districts238
      The Promotor Fiscal or Prosecutor241
      The Notaries or Secretaries243
      The Alguazil245
      The Nuncio, Portero and Gaoler246
      The Physician, Surgeon and Steward248
      Financial Officials250
Salaries and Ayudas de Costa251
The Records255
Chapter III—Unsalaried Officials.
Calificadores or Censors263
Consultors266
Commissioners268
Familiars272
      Their excessive Numbers and Turbulence274
      Qualifications prescribed279
Organization of officials—Hermandad de San Pedro Martir282
      Fernando VII makes it an Order of Knighthood283
Chapter IV—Limpieza.
Origin of Limpieza or Purity of Blood285
Distinction between Old and New Christians286
The Religious Orders seek to exclude New Christians287
New Christians excluded from Colleges289
The Church of Toledo adopts a Statute of Limpieza290
Limpieza enforced in the Observantine Franciscans293
It becomes a Prerequisite in the Inquisition294
Verification of Limpieza295
Number of Generations required—Penitents of the Inquisition297
Character of Investigation—It is a Source of Revenue300
Perjury and Subornation304
Futile Effort of Philip IV to diminish the Evils of Limpieza307
Unfortunate Effects of the Proscription308
It increases the Terror of the Inquisition310
Rigidity relaxed under the Restoration311
Remains of Prejudice in Majorca312
BOOK V—RESOURCES.
Chapter I—Confiscation.
Necessity of Confiscation to support the Inquisition315
Confiscation borrowed from the imperial Jurisprudence316
Responsibility for it317
Claims of the Church in Cases of Clerics318
Division made with feudal Lords319
Enforced on all reconciled or condemned Heretics320
Methods to prevent Evasion321
Commissions paid to Informers323
Rapacious Practice of the Old Inquisition325
The Question of Alienations and Creditors326
The Question of Dowries332
The Question of Conquests334
Thoroughness of Confiscation—Provision for Children335
Alienations subsequent to Commission of Heresy339
Slaves of Confiscated Estates339
Rigorous Collection of Debts340
Routine of Business—Responsibility of Receivers341
Hardships inflicted by Confiscation349
Exclusive Jurisdiction of the Inquisition349
Compositions for Confiscation352
Losses and Dilapidation363
Productiveness367
Becomes Obsolete in the Eighteenth Century370
Disposition made of the Proceeds371
      Lavish Grants to Favorites372
      Ferdinand’s Kindliness378
      Reckless Grants by Charles V380
Influence of Confiscation386
Chapter II—Fines and Penances.
Pecuniary Penance389
Distinguished from Confiscation391
Sometimes substituted for Confiscation394
Its Productiveness396
Fines as Punishment389
Chapter III—Dispensations.
Rehabilitation from Disabilities401
Struggle between the Crown, the Inquisition and the Papacy403
Sale of Commutation of Punishments408
Chapter IV—Benefices.
Officials provided with Benefices415
Quinquennial Dispensations from Residence416
Patronage granted to the Sovereigns416
Opposition of Cathedral Chapters417
Doctoral and Magistral Canonries421
Grant of a Canonry in each Church, in 1559423
      Fruitless Resistance of the Churches428
      Productiveness431
Chapter V—Finances.
Failure to provide permanent Funds433
Improvidence—Complaints of Poverty435
Power of Recuperation439
Deficiency of Revenue in the Eighteenth Century441
Financial Organization—The Receiver445
Detailed Accounts required—Neglect to render them447
The Coffer with three Keys—Its Ineffectiveness450
The Junta de Hacienda453
Defalcations454
BOOK VI—PRACTICE.
Chapter I—The Edict of Grace.
Nature of the Edict of Grace457
Confession under the Edict459
Its Utility to the Inquisition460
Revived in 1815463
Chapter II—The Inquisitorial Process.
The Inquisitorial Process in secular Procedure465
Laxity in the Spiritual Courts469
Rigid Secrecy in the Inquisition470
      Its Importance476
The Fiscal as Party to the Case478
The Inquisitorial Ideal482
Chapter III—Arrest and Sequestration.
Duty of Denunciation485
Preliminaries to Arrest486
      Their Disregard491
Segregation of the Prisoner493
Immediate Sequestration of Property495
Provision for Families499
The Secrestador501
Embargo503
Chapter IV—The Secret Prison.
Grades of Imprisonment507
Character of the Secret Prison509
Terror inspired by Imprisonment511
The Chaining of Prisoners511
Escape from Prison513
Deprivation of all outside Intercourse513
Restrictions on writing Materials517
Prison Regulations518
Deprivation of the Sacraments520
Treatment of the Sick522
Care of Female Prisoners523
Humane Instructions—not always obeyed524
Expenses of Maintenance—Rations528
Collection of Costs533
Chapter V—Evidence.
The Judge assumed to weigh the Character of Evidence535
No Qualifications required in Witnesses for the Prosecution536
Strict Qualifications for Witnesses for the Defence539
Witnesses forced to testify540
Examination of Witnesses541
Control over Evidence for the Defence543
Ratification of Evidence544
Suppression of Witnesses’ Names548
False-witness554
Character of Evidence admitted563
Negative Evidence567
Chapter VI—Confession.
Duty of Saving Souls569
Urgency to induce Confession570
Spontaneous Confession, its Frequency571
Confession must be complete—The Diminuto573
Denial of Intention576
Denunciation of Accomplices577
Time of Confession580
Revocation of Confession582
Denial of Guilt—The Negativo585
Appendix of Documents587