or a royal
scrivener. No officer or agent of the Holy Office shall take anything
from the said sale, either personally or through agents--a command
which is general in all cases when goods are sold by the Holy Office,
whether they are sequestrated or not. To better ascertain which of the
goods would cause him least damage, it will be advisable to consult
the opinion and desire of the interested party.
23. All that has been said thus far concerning the acceptance of
denunciations, and the reference of cases, prisoners, and proceedings
to the Holy Office, does not apply to the Indians--against whom the
commissary shall not proceed for the present, but shall leave them to
the jurisdiction of the ordinary. [42] Cases involving them are not
to be referred to us. All other cases, in which mestizos, mulattoes,
and Spaniards, of all classes, are involved, shall be tried exclusively
by the Holy Office rather than by the ordinary courts, as specified
in the fourth clause of these instructions.
24. The Holy Office is wont to issue edicts--as, for instance, the
general edict concerning matters of the faith, and other specific
ones--for the prohibition and seizure of certain books. The public
reading of these edicts is of the utmost importance, having the force
of a notarial summons. It always takes place in the cathedral church,
where the people are commanded several days beforehand to meet, under
pain of excommunication. The sermon is assigned to the most learned
preacher of reputation and authority, who preaches it elsewhere,
on that same day; notice is therefore given to the monasteries and
to all concerned. The Holy Office shall appoint both the preacher
and the day, although it is best to make arrangements therefor with
the prelate, and obtain his concurrence; for in so doing nothing is
detracted from what is due to the Holy Office. Although the penalty of
excommunication is imposed, it is not held to bind any except those
who for petty considerations neglect to heed it. In denouncing their
guilt the commissary shall absolve them, imposing upon them only
some secret spiritual penances and not any pecuniary or ignominious
punishment. Others who through carelessness, negligence, or ignorance,
fail to appear, the commissary shall discharge with a gentle reprimand,
setting at ease their consciences in regard to the excommunication.
25. The Inquisitor therein anticipating the action of any other
judge is accustomed to visit a
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