The Inquisition, as an institution dependent on the Supreme Court in the peninsula, was also governed in New Spain by a body of norms that regulated its functions, procedures and scope. This legislation was not improvised: it had its origin in the provisions drafted by the first general inquisitors and was adapted over time to the needs of each local court. In this article we will explore in general terms the legal basis that sustained the Holy Office in New Spain, from Torquemada’s Instructions to the local Cartillas printed in Mexico.
La “leyenda negra” y el debate en torno a la Inquisición
The Tribunal of the Holy Office became from very early on a point of historical controversy. During the 16th and 17th centuries, in the time of the Habsburgs and especially under Philip II, the Inquisition was singled out by French, English and American authors as a symbol of obscurantism. This debate is known as the “black legend,” reinforced by works such as Juan Antonio Llorente’s Historia crítica de la Inquisición de España (1817-1818), which became a key text for those who harshly questioned the court.
Although this controversy exceeds the subject of this article, it is worth mentioning because it influences the way in which the inquisitorial legislation and its effects have been interpreted both in the peninsula and in New Spain.
The first instructions: Torquemada and 1484
The first Inquisitor General, Fray Tomás de Torquemada, marked a before and after when he promulgated the first Instructions of the Holy Office on October 29, 1484.
This document was discussed in a large meeting that brought together the Council and inquisitors from various peninsular courts. Officially approved, it became the basis for all subsequent constitutions. Its provisions regulated the establishment of courts, judicial procedures, the sequence of proceedings and the execution of sentences.
The text became known as the Compilation of the Instructions of the Office of the Holy Inquisition. It initially circulated in handwritten copies and was first printed in 1537.
Las Ordenanzas de Toledo de 1561
With the passage of time it became necessary to unify criteria. In 1561, the Inquisitor General Fernando de Valdés promulgated a new compilation in Toledo: the Toledo Ordinances.
This normative body sought to standardize the practice of the courts, which in previous decades had developed differences in their procedures. To these ordinances was added a Form compiled by Pablo García, secretary of the Supreme Council of the Inquisition, which detailed the manner in which the processes were to be carried out.
According to Vicente Riva Palacio in Mexico through the Centuries, both Torquemada’s Instructions and the Toledo Ordinances were the legal framework followed by the Inquisition in New Spain.
Cartas acordadas, órdenes y cartillas locales
A lo largo de los años, el Consejo y el inquisidor general expidieron disposiciones complementarias conocidas como cartas acordadas y cartas órdenes, que precisaban aspectos específicos del ejercicio inquisitorial. Sin embargo, nunca alteraron lo esencial de las normas iniciales.
En el ámbito local, los tribunales novohispanos imprimieron Cartillas dirigidas a los comisarios del Santo Oficio, es decir, a los auxiliares que actuaban en distintos lugares de la jurisdicción. Estas cartillas servían como manual práctico de sus funciones y recordaban las obligaciones principales de quienes colaboraban con el tribunal.
Doctrinal books and prosecuted offenses
In addition to legal compilations, the inquisitors relied on doctrinal manuals approved by the Church. These texts classified the acts that could be considered heresies, witchcraft, superstitions, demonic pacts or other faults against the faith.
Of particular importance was the Tractatus contra hereticam pravitatem (Salamanca, 1519) by Gundisalvus de Villa Diego, which was widely used in New Spain as a reference to determine which practices should be persecuted.
Conclusion
Inquisitorial legislation in New Spain was an adaptation of norms established in the peninsula, which sought to ensure uniformity in the processes of the Holy Office. From Torquemada’s instructions to the local primers, the tribunal had a solid legal scaffolding that allowed it to act with regularity throughout the centuries.
Although today the Inquisition is often evoked in a polemical key within the “black legend”, the study of its legislation shows the level of legal and doctrinal organization with which it operated in the viceroyalty.
Frequently asked questions about inquisitorial legislation in New Spain.
What was the inquisitorial legislation in New Spain?
It was the set of norms and dispositions that regulated the functioning of the Holy Office in the viceroyalty, based on the instructions and ordinances issued by the general inquisitors of the Crown of Castile.
Who wrote the first instructions of the Inquisition?
The first Inquisitor General, Fray Tomás de Torquemada, drew up in 1484 the first official instructions of the Holy Office, known as Compilación de las instrucciones del oficio de la Santa Inquisición (Compilation of the instructions of the office of the Holy Inquisition).
What were the Toledo Ordinances?
In 1561, Inquisitor General Fernando de Valdés promulgated in Toledo a compilation of regulations that sought to unify court procedures. These ordinances were also applied in New Spain.
What were the cartillas of the Inquisition in Mexico?
They were manuals printed by the local courts to guide the commissaries of the Holy Office in their functions and duties. They acted as practical instructions for those who collaborated in different regions.
What books did the Inquisition use to identify crimes?
The inquisitors relied on doctrinal manuals approved by the Church. One of the most widely used in New Spain was the Tractatus contra hereticam pravitatem (1519) by Gundisalvus de Villa Diego.
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