A History of the Inquisition of Spain (Vol. 1-4). Henry Charles Lea
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with Bernardo Luis Cotoner, advocate of prisoners, for which Esquinel imprisoned him, tried him and condemned him in the costs, with his past incarceration as a punishment. The indignant canons addressed a strong remonstrance to the Suprema. They had an old privilege, confirmed by the Council of Trent (Sess. XXV, De Reform. cap. 6) that they could be arrested only by the Ordinary sitting in judgement with two of their number; in matters of faith they admitted subjection to the Holy Office, but they claimed exemption in civil and criminal cases. The number of familiars and officials, and their petulance arising from the protection of the tribunal, rendered it impossible to be always incurring the expense and dangers of appeals to Rome for the preservation of their privileges. This was ineffective and, in the course of another outbreak in 1630, there was a correspondence between the Congregation of the Roman Inquisition and the nuncio at Madrid respecting an appeal from the canons. In this the nuncio reported that he had applied to Inquisitor-general Zapata, who promised to instruct the inquisitor not to molest the canons.[1193]
THE SPIRITUAL COURTS
If he did so, he was disobeyed as usual and, in 1636, a canon named Domenge was involved in a civil suit before the tribunal, resulting in a judgement against him of five thousand reales, the execution of which he resisted by force. This brought on him a prosecution, in spite of protests interjected by the bishop and chapter, which was carried on appeal to the Suprema, where he was condemned in seven hundred reales which he paid. Meanwhile, notwithstanding the cédula of 1611, the bishop and chapter had applied to Rome for a brief declaring that the canons were subject to the Inquisition only in matters of faith. The question was exhaustively discussed, in the Congregation of the Holy Office, with Luis de los Infantes, the Roman agent of the Inquisition. The conclusion reached was that the Majorca tribunal had no jurisdiction over the canons save in matters of faith and this was duly embodied in the brief Cum sicut dilecti, March 31, 1642, which is preserved in the Bullarium. It names the bishop and dean or treasurer as executors, with power to inflict censures and to invoke if necessary the aid of the secular arm. It was received in Majorca with general rejoicing; it was printed and circulated and a syndicate was formed by the clergy to obtain, without regard to expense, a similar one for the whole ecclesiastical body, an effort which was successful in the following September.
The brief was duly served on the inquisitor, who refused to recognize it as not having been transmitted through the Suprema; besides he asserted that it was surreptitious and obreptitious as having been granted without a hearing of the other side and moreover it was in derogation of the bull Si de protegendis. In a consulta of December 11th, the Suprema represented energetically to Philip IV the manner in which his predecessors had compelled the surrender of papal letters adverse to the Inquisition; it asked him to have the present one suppressed and to instruct the prelates that all cases of difference must be referred to it, that no recourse be had to Rome, under the penalties decreed by Ferdinand, that the Viceroy of Majorca be required to compel the chapter to desist and that the ambassador to Rome be instructed to obtain the revocation of the obnoxious letters.
Unluckily for the Suprema the times were unpropitious. Majorca was too near to rebellious Catalonia for the imperious methods of the Holy Office to be judicious. Philip replied that the revival of Ferdinand’s laws would cause trouble and the remedy sought must be practicable. The inquisitor of Majorca had been guilty of gross excesses and must be ordered to exercise moderation, and he suggested a junta of members of the Suprema and Council of Aragon to devise a Concordia. Whether such compromise was reached does not appear; if it was, subsequent events show that it was not observed by either side and no reference to it occurs. The papal briefs were maintained and ten years later, after the collapse of the Catalan rebellion, instructions of April 23, 1652, to an ambassador departing for Rome, order him to labor for their revocation; their evil example was contagious; the Knights of St. John in Majorca were seeking to obtain a similar favor through the Maltese ambassador, which must be resisted in every way, for it would be followed by all the other Orders.[1194]
The Suprema continued to treat the papal briefs as surreptitious and, in 1658, Arce y Reynoso enjoyed a momentary triumph in a contest by summoning the vicar-general to Madrid and forcing him to come.[1195] Under the feebler government of the queen-regent, his successor Nithard was not so fortunate, in a fierce quarrel which involved the whole island in confusion and embroiled the rival departments of the government. May 9, 1667, on a feast-day, in the church of San Francisco, Don Jorje Dameto struck his son-in-law, Don Joseph Vallejo, with a crutch, causing effusion of blood and thus polluting the church. Both gentlemen were familiars. The inquisitor, before noon-day, ordered the arrest of both; in the afternoon Bishop Manjarre cited Dameto to appear for sacrilege and violation of the church. The rival jurisdictions locked horns and proceeded to extremities. The viceroy and Audiencia, with the bulk of the community, sided with the bishop, but disturbances were commencing and they repeatedly urged postponement of action until the government could be heard from, but the inquisitor refused. The bishop published him as excommunicate, anathematized him and caused the psalm of malediction to be repeatedly sung against him, but the inquisitor continued to celebrate mass, exhibited himself conspicuously in public, forbade the bishop entrance into his own church and threatened to suspend his sacerdotal functions. On August 29th the bishop assembled a synod where arrangements were made to send an envoy to Rome to prosecute the case, with a printed statement of all the proceedings, a copy of which was furnished to the Council of Aragon.
THE SPIRITUAL COURTS
From Madrid, Nithard imperiously summoned the bishop to appear before him and plead his case. Under the canon law, the Inquisition had no jurisdiction over bishops, without a special delegation of papal faculties, and Manjarre was justified in declaring the summons null and void. Although, as an ecclesiastical question, the Council of Aragon had no direct competence, still as the peace of Majorca was seriously threatened and the viceroy was involved, it took a hand in the matter and thus were presented the gravest questions with regard to the relations of the Inquisition with the episcopate, with the Holy See, and with the secular authorities.
Secure in the blind obedience of the queen, Nithard adopted the most aggressive attitude, and the queen submissively did whatever he required, for he assured her that the case was the most serious that had arisen since the foundation of the Inquisition and that, on its rightful decision, depended the preservation or extinction, not alone of the Majorca tribunal, but of all those under the crown of Aragon. To emphasize this he summoned the bishop to appear before him, personally or by procurator, within a term designated, in default of which he would be prosecuted in contumacia. To this the queen, in October, added her commands to the Council of Aragon; as the preservation of the Catholic faith required the maintenance of the authority of the Inquisition, the Council was ordered to write to the bishop to comply with the summons, and to the viceroy to assist the tribunal if necessary; the bishop must not appeal to Rome and if he had done so the letters must be intercepted and placed in her hands.
The Council of Aragon did not obey. It held the matter until January 21, 1668, when it presented a consulta warning the queen of the consequences of her action and pointing out that the pope was the sole judge of bishops in important cases, as were provincial synods in trivial matters. Nithard, however, was superior to the Council of Trent, and the Suprema commenced a criminal prosecution of Bishop Manjarre, while, on February 5th, an answer was prepared for the Council of Aragon, couched in a tone of bitterness and scarcely veiled contempt, which showed how fierce were the passions at work. The queen was assured that her action was in accordance with all previous royal provisions and she was asked to order the Council of Aragon to obey and not to interfere hereafter with ecclesiastical controversies. Before this missive was delivered, however, news came from Majorca that the culprit Dameto had withdrawn his appeal to the tribunal and had applied for absolution to the bishop, who considered the whole matter as settled. This was a staggering blow from which it took Nithard a month to recover, but finally he sent the consulta of February 5th with a postscript of March 12th, arguing that a subject cannot impair his judge’s jurisdiction by accepting another and consequently that the situation was unaltered.
The queen of course adopted this view and repeated her orders, but again the Council disobeyed her and presented, March 18th, a consulta adjuring her in solemn terms to reflect calmly, for she was making the inquisitor-general a judge of all the bishops in her dominions, not only as to conflicts of jurisdiction