Chapter III: Bishops (3)

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]

[Sidenote: _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]