THE SPIRITUAL COURTS
There could thus be no competencia; the conflicts between the two jurisdictions were one-sided and were conducted by the tribunals with the same overbearing arrogance as that displayed towards secular magistrates. The first summons on the provisor or vicar-general inhibited him, under pain of excommunication and a heavy fine, from further action, ordering him, within twenty-four hours, to remit the case to the Inquisition and to discharge the prisoner under bail to present himself before the tribunal, while the notary was required to surrender all the papers. If this was not obeyed, it was followed by another, commanding obedience within six hours, in default of which all beneficed priests were required, under similar penalties, to publish the provisor and notary as excommunicates and to place their names on the lists as such. A circular letter was also addressed to all priests, chaplains and sacristans of the district, to admonish all persons, within six hours and under pain of excommunication, to avoid the provisor and notary, to make no pleadings before them, to hold no communication with them and not to furnish them with bread or wine, fish or flesh, while a public edict to the same effect was issued to all the people. In case of continued obduracy, these measures were promptly followed by an edict to all the clergy, ordering them to anathematize the provisor and notary with tolling bells and extinguished candles, proclaiming them accursed of God and his saints—“accursed be the bread that they eat and the bed on which they sleep and the beasts on which they ride, and may their souls perish in hell like the candles in the water: let them be comprehended in the sentence of Sodom and Gomorrha and of Dathan and Abiram, whom the earth swallowed for disobedience, and may all the curses of Psalm Deus laudem meam (Ps. CVIII, a fearful commination) light on them!” If this did not suffice within twenty-four hours, an interdict followed, tolling bells and performing divine service in low tone with locked doors, until otherwise ordered. In case this failed, the last step was a cessatio a divinis, or cessation of church services in the city where the offenders lived, in order to coerce them with popular clamor.[1186] It was difficult for either lay or clerical officials to contend with opponents who wielded such weapons as these.
The irresponsible exercise of such powers inevitably led to their abuse. In the Concordia of 1568 it is highly suggestive to find a clause forbidding inquisitors to issue, as they have been accustomed, to familiars and officials, general inhibitions protecting them from the ecclesiastical courts; such inhibitions are to be special and issued only in each case as it may occur. Equally significant is another which says that in no case belonging by law to the provisor shall the inquisitor intervene against his will.[1187] The strained relations resulting between the ecclesiastical body and the Holy Office are alluded to in the project of reform, presented to the Suprema in 1623, which says that the clerical commissioners and their notaries bring about many conflicts with the ecclesiastical judges and, as there are no Concordias, the inquisitors are wont to arrogate to themselves greater jurisdiction than belongs to them, which causes much murmuring and resentment of the prelates and clergy. The writer piously wishes that this could be avoided, but he evidently has no remedy to propose.[1188]
A conflict caused by one of these local notaries in 1609 amply justified the murmurs of the prelates. The priest of Cabra, who occupied the almost nominal position of local notary, was a notorious incestuous concubinarian, who had not for eight years celebrated mass or recited prayers. The provisor of Córdova commenced a prosecution and threw him into the episcopal gaol, when he claimed the fuero of the Inquisition. The provisor had been on friendly terms with the three inquisitors and sought an amicable settlement of the matter when, by a trick, they obtained possession of the papers and inhibited him from further proceedings. He appealed to the Suprema and was excommunicated. Four times the Suprema ordered the inquisitors to abandon the case and remove the censure, but they persistently disobeyed. All the officials of the episcopal court were ordered to hold no communication with him, which threw the whole business of the diocese into confusion, for the bishop was absent and the provisor was his representative. The culprit escaped from the episcopal gaol and was harbored by the tribunal. Passion was becoming acute; a band of familiars and officials broke into the episcopal palace and endeavored to carry off the provisor, but he was rescued by the canons in a dilapidated condition and took to his bed. Then the inquisitors pronounced the magic word—a matter of faith—which brought to their aid the corregidor and municipal authorities, who came with a troop of soldiers and carried him off on his bed, to the sound of drums and trumpets. He was taken to the Inquisition and confined for two months in a small cell, tried without opportunity for defence and sentenced to forfeit his office of provisor, to four years of banishment and other penalties, and copies of the sentence were circulated throughout the city. The bishop had sought to come to his rescue by excommunicating the inquisitors; they disregarded the censures, threatened to prosecute him if he did not remove them and did prosecute some of the canons as conspiring against the Inquisition, because they had been elected by the chapter to aid the bishop in defending the provisor.[1189]
THE SPIRITUAL COURTS
Such a sentence against a church dignitary of high rank required confirmation by the Suprema, which must have been given, for appeal was made to Philip III. He rendered some satisfaction by dismissing and banishing all secular officials who had been concerned in the arrest and wounding of the provisor, but the inquisitors, whose mere tools they had been, were left undisturbed.[1190] Yet it was impossible that an affair which had aroused the attention of all Spain should pass without an attempt to prevent the recurrence of such scandals. There had been a threat, and possibly more than a threat, to appeal to Rome in defence of the bishop and clergy of Córdova, which led to the cédula of January 21, 1611, alluded to above, restricting their recourse to the Suprema. In urging this the Suprema, in a consulta of November 15, 1610, admitted that these troubles arose from the aggressions of the tribunals and their unnecessary multiplication of nominal officials; it had recently issued three cartas acordadas on the subject and had written to all the bishops asking reports of such excesses so as to remedy them. Philip in reply authorized the Suprema to draft such a cédula as it desired but ordered it to be so framed as not to encourage the inquisitors, who were every day intervening in matters beyond their competence for the purpose of extending their jurisdiction; it was this that gave rise to these troubles, nor would they cease till the cause was removed.[1191]
Thus it was admitted on all hands that the fault lay with the tribunals, yet the wrong committed by that of Córdova remained unredressed and unpunished. Philip permitted himself, in spite of his better judgement, to be persuaded to cut off all recourse to the court of last resort in Rome, and some nominal relief must be offered to the oppressed churches and prelates. The memorial from Córdova had concluded with a prayer for some law to prevent these discords and to maintain the episcopal jurisdiction over the clergy, as the king had promised in a letter transmitted through the Council of Castile. The promise was kept after a fashion, though not until after a delay which shows how prolonged was the resistance encountered. In a carta acordada of November 28, 1612, the tribunals were informed that in order that the ministers of the Inquisition may not sin through confidence of impunity, and to prevent the conflicts which disturb the peace, the Suprema has resolved that in the cases of unsalaried clerical officials, the episcopal ordinaries shall have exclusive jurisdiction over offences relating to clerical duties and offices, to simony and spiritual matters, while inquisitors shall have cumulative jurisdiction with the ordinaries, depending on priority of action, in public and scandalous offences, such as incontinence, usury, gambling and the like.[1192] This remained in force nominally at least, until the last, but the allusion to the perpetual troubles arising from this source, in the project presented to the Suprema in 1623, shows how futile it was in curbing the aggressions of the tribunals.
Throughout Peninsular Spain the episcopal jurisdiction was thus left defenceless to the encroachments of the Inquisition, but the Church of Majorca was fortunate in obtaining the protection of Rome, leading to a series of conflicts, waged on less unequal terms, which are worth consideration as revealing a peculiar phase in these affairs. There was a long-standing quarrel between the cathedral canons and the Inquisition. In 1600, one of the former, Pere Enseñat, assisted in the escape