diff options
Diffstat (limited to '43296-8.txt')
| -rw-r--r-- | 43296-8.txt | 27898 |
1 files changed, 0 insertions, 27898 deletions
diff --git a/43296-8.txt b/43296-8.txt deleted file mode 100644 index 54c62fb..0000000 --- a/43296-8.txt +++ /dev/null @@ -1,27898 +0,0 @@ -The Project Gutenberg EBook of A History of the Inquisition of Spain; vol. -1, by Henry Charles Lea - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -Title: A History of the Inquisition of Spain; vol. 1 - -Author: Henry Charles Lea - -Release Date: July 24, 2013 [EBook #43296] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK A HISTORY OF THE INQUISITION VOL. 1 *** - - - - -Produced by Chuck Greif, Broward County Library and the -Online Distributed Proofreading Team at http://www.pgdp.net - - - - - - - - THE INQUISITION OF SPAIN - - WORKS BY THE SAME AUTHOR - - _A HISTORY OF THE INQUISITION OF THE MIDDLE AGES._ In three - volumes, octavo. - - _A HISTORY OF AURICULAR CONFESSION AND INDULGENCES IN THE - LATIN CHURCH._ In three volumes, octavo. - - _AN HISTORICAL SKETCH OF SACERDOTAL CELIBACY IN THE CHRISTIAN - CHURCH._ Third edition. (_In preparation._) - - _A FORMULARY OF THE PAPAL PENITENTIARY IN THE THIRTEENTH - CENTURY._ One volume, octavo. (_Out of print._) - - _SUPERSTITION AND FORCE._ Essays on The Wager of Law, The - Wager of Battle, The Ordeal, Torture. Fourth edition, revised. In - one volume, 12mo. - - _STUDIES IN CHURCH HISTORY._ The Rise of the Temporal Power, - Benefit of Clergy, Excommunication, The Early Church and Slavery. - Second edition. In one volume, 12mo. - - _CHAPTERS FROM THE RELIGIOUS HISTORY OF SPAIN, CONNECTED WITH - THE INQUISITION._ Censorship of the Press, Mystics and Illuminati, - Endemoniadas, El Santo Niño de la Guardia, Brianda de Bardaxí. In - one volume, 12mo. - - _THE MORISCOS OF SPAIN. THEIR CONVERSION AND EXPULSION._ In - one volume, 12mo. - - - - - A HISTORY - OF THE - INQUISITION OF SPAIN - - BY - HENRY CHARLES LEA. LL.D. - - IN FOUR VOLUMES - - VOLUME I. - - New York - THE MACMILLAN COMPANY - LONDON: MACMILLAN & CO., LTD. - 1922 - - _All rights reserved_ - - PRINTED IN THE UNITED STATES OF AMERICA - - COPYRIGHT, 1906, - BY THE MACMILLAN COMPANY. - - Set up and electrotyped. Published January, 1906. - - - - -PREFACE. - - -In the following pages I have sought to trace, from the original sources -as far as possible, the character and career of an institution which -exercised no small influence on the fate of Spain and even, one may say, -indirectly on the civilized world. The material for this is preserved so -superabundantly in the immense Spanish archives that no one writer can -pretend to exhaust the subject. There can be no finality in a history -resting on so vast a mass of inedited documents and I do not flatter -myself that I have accomplished such a result, but I am not without hope -that what I have drawn from them and from the labors of previous -scholars has enabled me to present a fairly accurate survey of one of -the most remarkable organizations recorded in human annals. - -In this a somewhat minute analysis has seemed to be indispensable of its -structure and methods of procedure, of its relations with the other -bodies of the State and of its dealings with the various classes subject -to its extensive jurisdiction. This has involved the accumulation of -much detail in order to present the daily operation of a tribunal of -which the real importance is to be sought, not so much in the awful -solemnities of the auto de fe, or in the cases of a few celebrated -victims, as in the silent influence exercised by its incessant and -secret labors among the mass of the people and in the limitations which -it placed on the Spanish intellect--in the resolute conservatism with -which it held the nation in the medieval groove and unfitted it for the -exercise of rational liberty when the nineteenth century brought in the -inevitable Revolution. - -The intimate relations between Spain and Portugal, especially during the -union of the kingdoms from 1580 to 1640, has rendered necessary the -inclusion, in the chapter devoted to the Jews, of a brief sketch of the -Portuguese Inquisition, which earned a reputation even more sinister -than its Spanish prototype. - -I cannot conclude without expressing my thanks to the gentlemen whose -aid has enabled me to collect the documents on which the work is largely -based--Don Claudio Pérez Gredilla of the Archives of Simancas, Don Ramon -Santa María of those of Alcalá de Henares prior to their removal to -Madrid, Don Francisco de Bofarull y Sans of those of the Crown of -Aragon, Don J. Figueroa Hernández, formerly American Vice-consul at -Madrid, and to many others to whom I am indebted in a minor degree. I -have also to tender my acknowledgements to the authorities of the -Bodleian Library and of the Royal Libraries of Copenhagen, Munich, -Berlin and the University of Halle, for favors warmly appreciated. - -HENRY CHARLES LEA. - -PHILADELPHIA, OCTOBER, 1905. - - - - -CONTENTS OF VOL. I. - - -BOOK I--ORIGIN AND ESTABLISHMENT. - - -CHAPTER I--THE CASTILIAN MONARCHY. - - PAGE - -Disorder at the Accession of Ferdinand and Isabella 1 -Condition of the Church 8 -Limitation of Clerical Privilege and Papal Claims 11 -Disputed Succession 18 -Character of Ferdinand and Isabella 20 -Enforcement of Royal Jurisdiction 24 -The Santa Hermandad 28 -Absorption of the Military Orders 34 - - -CHAPTER II--THE JEWS AND THE MOORS. - -Oppression of Jews taught as a duty 35 -Growth of the Spirit of Persecution 37 -Persecution under the Spanish Catholic Wisigoths 40 -Toleration under the Saracen Conquest--the Mozárabes 44 -The Muladícs 49 -The Jews under the Saracens 50 -Absence of Race or Religious Hatred 52 -The Mudéjares--Moors under Christian Domination 57 -The Church stimulates Intolerance 68 -Influence of the Council of Vienne in 1312 71 -Commencement of repressive Legislation 77 - - -CHAPTER III--THE JEWS AND THE CONVERSOS. - -Medieval Persecution of Jews 81 -Their Wealth and Influence in Spain 84 -Clerical Hostility aroused 90 -Popular Antagonism excited 95 -Causes of Dislike--Usury, Official Functions, Ostentation 96 -Massacres in Navarre 100 -Influence of the Accession of Henry of Trastamara 101 -The Massacres of 1391--Ferran Martínez 103 -Creation of the Class of Conversos or New Christians 111 -Deplorable Condition of the Jews 115 -The _Ordenamiento de Doña Catalina_ 116 -Utterances of the Popes and the Council of Basle 118 -Success of the Conversos--The Jews rehabilitate themselves 120 -Renewed Repression under Ferdinand and Isabella 123 -The Conversos become the object of popular hatred 125 -Expulsion of the Jews considered 131 -Expulsion resolved on in 1492--its Conditions 135 -Sufferings of the Exiles 139 -Number of Exiles 142 -Contemporary Opinion 143 - - -CHAPTER IV--ESTABLISHMENT OF THE INQUISITION. - -Doubtful Christianity of the Conversos 145 -Inquisition attempted in 1451 147 -Alonso de Espina and his _Fortalicium Fidei_ 148 -Episcopal Inquisition attempted in 1465 153 -Sixtus IV grants Inquisitorial Powers to his Legate 154 -Attempt to convert and instruct 155 -Ferdinand and Isabella apply to Sixtus IV for Inquisition in 1478 157 -They Require the Power of Appointment and the Confiscations 158 -The first Inquisitors appointed, September 17, 1480 160 -Tribunal opened in Seville--first Auto de Fe, February 6, 1481 161 -Plot to resist betrayed 162 -Edict of Grace 165 -Other tribunals established 166 -Failure of plot in Toledo--number of Penitents 168 -Tribunal at Guadalupe 171 -Necessity of Organization--The Supreme Council--The - Inquisitor-general 172 -Character of Torquemada--His quarrels with Inquisitors 174 -Four Assistant Inquisitors-general 178 -Separation of Aragon from Castile 180 -Autonomy of Inquisition--It frames its own Rules 181 -It commands the Forces of the State.--Flight of Suspects 182 -Emigration of New Christians forbidden 184 -Absence of Resistance to the Inquisition 185 -Ferdinand seeks to prevent Abuses 187 -The Career of Lucero at Córdova 189 -Complicity of Juan Roiz de Calcena 193 -Persecution of Archbishop Hernando de Talavera 197 -Córdova appeals to Philip and Juana 201 -Revolt in Córdova 202 -Inquisitor-general Deza forced to resign 205 -Lucero placed on trial 206 -Inquisitorial Abuses at Jaen, Arjona and Llerena 211 -Ximenes attempts Reform 215 -Appeals to Charles V--His futile Project of Reform 216 -Conquest of Navarre--Introduction of Inquisition 223 - - -CHAPTER V--THE KINGDOMS OF ARAGON. - -Independent Institutions of Aragon 229 -Ferdinand seeks to remodel the Old Inquisition 230 -Sixtus IV interferes 233 -Torquemada's Authority is extended over Aragon 236 -Assented to by the Córtes of Tarazona in 1484 238 - -VALENCIA -Popular Resistance 239 -Resistance overcome 242 - -ARAGON -Tribunal organized in Saragossa 244 -Opposition 245 -Resistance in Teruel 247 -Murder of Inquisitor Arbués 249 -Papal Brief commanding Extradition 253 -Punishment of the Assassins 256 -Ravages of the Inquisition 259 - -CATALONIA -Its Jealousy of its Liberties 260 -Resistance prolonged until 1487 261 -Scanty Results 263 -Oppression and Complaints 264 - -THE BALEARIC ISLES -Inertia of the Old Inquisition 266 -Introduction of the New in 1488--Its Activity 267 -Tumult in 1518 268 -Complaints of Córtes of Monzon, in 1510 269 -Concordia of 1512 270 -Leo X releases Ferdinand from his Oath 272 -Inquisitor-general Mercader's Instructions 273 -Leo X confirms the Concordia of 1512 274 -Charles V swears to observe the Concordia 275 -Dispute over fresh Demands of Aragon 276 -Decided in favor of Aragon 282 -Catalonia secures Concessions 283 -Futility of all Agreements--Fruitless Complaints of Grievances 284 - - -BOOK II--RELATIONS WITH THE STATE. - - -CHAPTER I--RELATIONS WITH THE CROWN. - -Combination of Spiritual and Temporal Jurisdiction 289 -Ferdinand's Control of the Inquisition 289 -Except in Spiritual Affairs 294 -Gradual Development of Independence 298 -Philip IV reasserts Control over Appointments 300 -It returns to the Inquisitor-general under Carlos II 301 -The Crown retains Power of appointing the Inquisitor-general 302 -It cannot dismiss him but can enforce his Resignation--Cases 304 -Struggle of Philip V with Giudice--Case of Melchor de Macanaz 314 -Cases under Carlos III and Carlos IV 320 -Relations of the Crown with the Suprema 322 -The Suprema interposes between the Crown and the Tribunals 325 -It acquires control over the Finances 328 -Its Policy of Concealment 331 -Philip IV calls on it for Assistance 333 -Philip V reasserts Control 336 -Pecuniary Penances 337 -Assertion of Independence 340 -Temporal Jurisdiction over Officials 343 -Growth of Bureaucracy limits Royal Autocracy 346 -Reassertion of Royal Power under the House of Bourbon 348 - - -CHAPTER II--SUPEREMINENCE. - -Universal Subordination to the Inquisition 351 -Its weapons of Excommunication and Inhibition 355 -Power of Arrest and Imprisonment 357 -Assumption of Superiority 357 -Struggle of the Bishops 358 -Questions of Precedence 362 -Superiority to local Law 365 -Capricious Tyranny 366 -Inviolability of Officials and Servants 367 -Enforcement of Respect 371 - - -CHAPTER III--PRIVILEGES AND EXEMPTIONS. - -Exemption from taxation 375 -Exemption from Custom-house Dues 384 -Attempts of Valencia Tribunal to import Wheat from Aragon 385 -Privilege of Valencia Tribunal in the Public Granary 388 -Speculative Exploitation of Privileges by Saragossa Tribunal 389 -Coercive Methods of obtaining Supplies 392 -Valencia asserts Privilege of obtaining Salt 394 -Exemption from Billets of Troops 395 -The Right to bear Arms 401 -Exemption from Military Service 412 -The Right to hold Secular Office 415 -The Right to refuse Office 420 -The Right of Asylum 421 - - -CHAPTER IV--CONFLICTING JURISDICTIONS. - -Benefit of Clergy 427 -Ferdinand grants to the Inquisition exclusive Jurisdiction over - its Officials 429 -He confines it to Salaried Officials in criminal Actions and as - Defendants in civil Suits 430 -Abusive Extension of Jurisdiction by Inquisitors 431 -Limitations in the Concordia of 1512 432 -Servants of Officials included in the _fuero_ 432 -Struggle in Castile over the Question of Familiars 434 -Settled by the Concordia of 1553 436 -The Concordia extended to Navarre 438 -Struggle in Valencia--Concordia of 1554 439 -Concordia disregarded--Córtes of 1564 441 -Valencia Concordia of 1568 442 -Disregard of its Provisions 445 -Complaints of criminal Familiars unpunished 446 -Aragon--its Court of the Justicia 450 -Grievances arising from the Temporal Jurisdiction 452 -The Concordia of 1568 454 -Complaints of its Infraction--Córtes of 1626 454 -Case of the City of Huesca 456 -Córtes of 1646--Aragon assimilated to Castile 458 -Diminished Power of the Inquisition in Aragon 461 -Catalonia--Non-observance of Concordias of 1512 and 1520 465 -Disorders of the Barcelona Tribunal--Fruitless Complaints 467 -Catalonia--Hatred of the Tribunal--Catalonia rejects the Concordia - of 1568 469 -Córtes of 1599--Duplicity of Philip III 471 -Increasing Discord--Fruitless Efforts of Córtes of 1626 - and 1632--Concordia of Zapata 472 -Rebellion of 1640--Expulsion of Inquisitors--A National - Inquisition established 476 -Inquisition restored in 1652--Renewal of Discord 479 -War of Succession--Catalan Liberties abolished 483 -Majorca--Conflicts with the Civil Authorities 484 -Contests in Castile--Subservience of the Royal Power 485 -Exemption of Familiars from summons as Witnesses 491 -Conflicts with the Spiritual Courts 493 -Cases in Majorca--Intervention of the Holy See 498 -Conflicts with the Military Courts 504 -Conflicts with the Military Orders--Project of the Order of - _Santa María de la Espada Blanca_ 505 -Profits of the Temporal Jurisdiction of the Inquisition 508 -Abuses and evils of the System 509 -Fruitless Efforts to reform it in 1677 and 1696 511 -Repression under the House of Bourbon 514 -_Competencias_ for Settlement of Disputes 517 -The Temporal Jurisdiction under the Restoration 520 -Refusal of _Competencias_ by the Inquisition 521 -Projects of Relief 524 - - -CHAPTER V--POPULAR HOSTILITY. - -Causes of Popular Hatred 527 -Visitations of the Barcelona Tribunal 528 -Troubles in Logroño 530 -Preferences claimed in Markets 533 -Trading by Officials 534 -Character of Officials 536 -Grievances of Feudal Nobles 537 -General Detestation a recognized Fact 538 - -APPENDIX. List of Tribunals 541 -List of Inquisitors-general 556 -Spanish Coinage 560 -Documents 567 - - - - -THE INQUISITION OF SPAIN. - - - - -BOOK I. - -ORIGIN AND ESTABLISHMENT. - - - - -CHAPTER I. - -THE CASTILIAN MONARCHY. - - -It were difficult to exaggerate the disorder pervading the Castilian -kingdoms, when the Spanish monarchy found its origin in the union of -Isabella of Castile and Ferdinand of Aragon. Many causes had contributed -to prolong and intensify the evils of the feudal system and to -neutralize such advantages as it possessed. The struggles of the -reconquest from the Saracen, continued at intervals through seven -hundred years and varied by constant civil broils, had bred a race of -fierce and turbulent nobles as eager to attack a neighbor or their -sovereign as the Moor. The contemptuous manner in which the Cid is -represented, in the earliest ballads, as treating his king, shows what -was, in the twelfth century, the feeling of the chivalry of Castile -toward its overlord, and a chronicler of the period seems rather to -glory in the fact that it was always in rebellion against the royal -power.[1] So fragile was the feudal bond that a _ricohome_ or noble -could at any moment renounce allegiance by a simple message sent to the -king through a hidalgo.[2] The necessity of attracting population and -organizing conquered frontiers, which subsequently became inland, led to -granting improvidently liberal franchises to settlers, which weakened -the powers of the crown,[3] without building up, as in France, a -powerful Third Estate to serve as a counterpoise to the nobles and -eventually to undermine feudalism. In Spain the business of the -Castilian was war. The arts of peace were left with disdain to the Jews -and the conquered Moslems, known as Mudéjares, who were allowed to -remain on Christian soil and to form a distinct element in the -population. No flourishing centres of industrious and independent -burghers arose out of whom the kings could mould a body that should lend -them efficient support in their struggles with their powerful vassals. -The attempt, indeed, was made; the Córtes, whose co-operation was -required in the enactment of laws, consisted of representatives from -seventeen cities,[4] who while serving enjoyed personal inviolability, -but so little did the cities prize this privilege that, under Henry IV, -they complained of the expense of sending deputies. The crown, eager to -find some new sources of influence, agreed to pay them and thus obtained -an excuse for controlling their election, and although this came too -late for Henry to benefit by it, it paved the way for the assumption of -absolute domination by Ferdinand and Isabella, after which the revolt of -the Comunidades proved fruitless. Meanwhile their influence diminished, -their meetings were scantily attended and they became little more than -an instrument which, in the interminable strife that cursed the land, -was used alternately by any faction as opportunity offered.[5] - -[Sidenote: _ABASEMENT OF THE CROWN_] - -The crown itself had contributed greatly to its own abasement. When, in -the thirteenth century, a ruler such as San Fernando III. made the laws -respected and vigorously extended the boundaries of Christianity, -Castile gave promise of development in power and culture which miserably -failed in the performance. In 1282 the rebellion of Sancho el Bravo -against his father Alfonso was the commencement of decadence. To -purchase the allegiance of the nobles he granted them all that they -asked, and to avert the discontent consequent on taxation he supplied -his treasury by alienating the crown lands.[6] Notwithstanding the -abilities of the regent, María de Molina, the successive minorities of -her son and grandson, Fernando IV and Alfonso XI, stimulated the -downward progress, although the vigor of the latter in his maturity -restored in some degree the lustre of the crown and his stern justice -re-established order, so that, as we are told, property could be left -unguarded in the streets at night.[7] His son, Don Pedro, earned the -epithet of the Cruel by his ruthless endeavor to reduce to obedience his -turbulent nobles, whose disaffection invited the usurpation of his -bastard brother, Henry of Trastamara. The throne which the latter won by -fratricide and the aid of the foreigner, he could only hold by fresh -concessions to his magnates which fatally reduced the royal power.[8] -This heritage he left to his son, Juan I, who forcibly described, in the -Córtes of Valladolid in 1385, how he wore mourning in his heart because -of his powerlessness to administer justice and to govern as he ought, in -consequence of the evil customs which he was unable to correct.[9] This -depicts the condition of the monarchy during the century intervening -between the murder of Pedro and the accession of Isabella--a dreary -period of endless revolt and civil strife, during which the central -authority was steadily growing less able to curb the lawless elements -tending to eventual anarchy. The king was little more than a puppet of -which rival factions sought to gain possession in order to cover their -ambitions with a cloak of legality, and those which failed to secure his -person treated his authority with contempt, or set up some rival in a -son or brother as an excuse for rebellion. The work of the Reconquest -which, for six hundred years, had been the leading object of national -pride was virtually abandoned, save in some spasmodic enterprise, such -as the capture of Antequera, and the little kingdom of Granada, -apparently on the point of extinction under Alfonso XI, seemed destined -to perpetuate for ever on Spanish soil the hateful presence of the -crescent. - -The long reign of the feeble Juan II, from 1406 to 1454, was followed by -that of the feebler Henry IV, popularly known as El Impotente. In the -Seguro de Tordesillas, in 1439, the disaffected nobles virtually -dictated terms to Juan II.[10] In the Deposition of Ávila, in 1465, they -treated Henry IV with the bitterest contempt. His effigy, clad in -mourning and adorned with the royal insignia, was placed upon a throne -and four articles of accusation were read. For the first he was -pronounced unworthy of the kingly station, when Alonso Carrillo, -Archbishop of Toledo, removed the crown; for the second he was deprived -of the administration of justice, when Álvaro de Zuñiga, Count of -Plasencia, took away the sword; for the third he was deprived of the -government, when Rodrigo Pimentel, Count of Benavente, struck the -sceptre away; for the fourth he was sentenced to lose the throne, when -Diego López de Zuñiga tumbled the image from its seat with an indecent -gibe. It was scarce more than a continuation of the mockery when they -elected as his successor his brother Alfonso, a child eleven years of -age.[11] - -[Sidenote: _VIOLENCE AND TREACHERY_] - -The lawless independence of the nobles and the effacement of the royal -authority may be estimated from a single example. At Plasencia two -powerful lords, Garcí Alvárez de Toledo, Señor of Oropesa, and Hernan -Rodríguez de Monroy, kept the country in an uproar with their armed -dissension. Juan II sent Ayala, Señor of Cebolla, with a royal -commission to suppress the disorder. Monroy, in place of submitting, -insulted Ayala, who as a "buen caballero" disdained to complain to the -king and preferred to avenge himself. Juan on hearing of this summoned -to his presence Monroy, who collected all his friends and retainers and -set out with a formidable army. Ayala made a similar levy and set upon -him as he passed near Cebolla. There was a desperate battle in which -Ayala was worsted and forced to take refuge in Cebolla, while Monroy -passed on to Toledo and, when he kissed the king's hands, Juan told him -that he had sent for him to cut off his head, but as Ayala had preferred -to right himself he gave Monroy a God-speed on his journey home and -washed his hands of the whole affair.[12] - -The _ricosomes_ who thus were released from all the restraint of law had -as little respect for those of honor and morality. The virtues which we -are wont to ascribe to chivalry were represented by such follies as the -celebrated _Passo Honroso_ of Suero de Quiñones, when that knight and -his nine comrades, in 1434, kept, in honor of their ladies, for thirty -days against all comers, the pass of the Bridge of Orbigo, at the season -of the feast of Santiago and sixty-nine challengers presented themselves -in the lists.[13] With exceptions such as this, and a rare manifestation -of magnanimity, as when the Duke of Medina Sidonia raised an army and -hastened to the relief of his enemy, Rodrigo Ponce de Leon besieged in -Alhama,[14] the record of the time is one of the foulest treachery, from -which truth and honor are absent and human nature displays itself in its -basest aspect. According to contemporary belief, Ferdinand was indebted -for the crown of Aragon to the poisoning of his brother, the deeply -mourned Carlos, Prince of Viana, while the crown of Castile fell to -Isabella through the similar taking off of her brother Alfonso.[15] - -A characteristic incident is one involving Doña Maria de Monroy, who -married into the great house of Henríquez of Seville, and was left a -widow with two boys. When the youths were respectively eighteen and -nineteen years old they were close friends of two gentlemen of Seville -named Mançano. The younger brother, dicing with them in their house, was -involved in a quarrel with them, when they set upon him with their -servants and slew him. Then, fearing the vengeance of the elder brother, -they sent him a friendly message to come and play with them; when he -came they led him along a dark corridor in which they suddenly turned -upon him and stabbed him to death. When the disfigured corpses of her -boys were brought to Doña María she shed no tears, but the fierceness of -her eyes frightened all who looked upon her. The Mançanos promptly took -horse and fled to Portugal, whither Doña María followed them in male -attire with a band of twenty cavaliers. Her spies were speedily on the -track of the fugitives; within a month of the murders she came at night -to the house where they lay concealed; the doors were broken in and she -entered with ten of her men while the rest kept guard outside. The -Mançanos put themselves in defence and shouted for help, but before the -neighbors could assemble she had both their heads in her left hand and -was galloping off with her troop, never stopping till she reached -Salamanca, where she went to the church and laid the bloody heads on the -tomb of her boys. Thenceforth she was known as Doña María la Brava, and -her exploit led to long and murderous feuds between the Monroyes and the -Mançanos.[16] - -Doña María was but a type of the unsexed women, _mugeres varoniles_, -common at the time, who would take the field or maintain their place in -factious intrigue with as much ferocity and pertinacity as men. -Ferdinand could well look without surprise on the activity in court and -camp of his queen Isabella, when he remembered the prowess of his -mother, Juana Henríquez, who had secured for him the crown of Aragon. -Doña Leonora Pimentel, Duchess of Arévalo, was one of these; of the -Countess of Medellin it was said that no Roman captain could get the -better of her in feats of arms, and the Countess of Haro was equally -noted. The Countess of Medellin, indeed, kept her own son in prison for -years while she enjoyed the revenues of his town of Medellin and, when -Queen Isabella refused to confirm her possession of the place, she -transferred her allegiance to the King of Portugal to whom she delivered -the castle of Merida. At the same time the Moorish influence, which was -so strong in Castile, occasionally led to the opposite extreme. The Duke -of Najera kept his daughters in such absolute seclusion that no man, not -even his sons, was permitted to enter the apartments reserved for the -women, and the reason he alleged--that the heart does not covet what the -eye does not see--was little flattering to either sex.[17] - -[Sidenote: _VIRTUAL ANARCHY_] - -The condition of the common people can readily be imagined in this -perpetual strife between warlike, ambitious and unprincipled nobles, now -uniting in factions which involved the whole realm in war, and now -contenting themselves with assaults upon their neighbors. The land was -desolated; the husbandman scarce could take heart to plant his seed, for -the harvest was apt to be garnered with the sword and thrust into -castles to provision them against siege. As a writer of the period tells -us, there was neither law nor justice save that of arms.[18] In a letter -describing the universal anarchy, written by Hernando del Pulgar from -Madrid, in 1473, he says that for more than five years there has been no -communication from Murcia, where the family of Fajardo reigned -supreme--it is, he says, as foreign a land as Navarre.[19] That the -roads were unsafe for trade or travel was a matter of course; every -petty hidalgo converted his stronghold into a den of robbers, and what -these left was swept away by bands of Free Companions.[20] Disorder -reigned supreme and all-pervading. The crown was powerless and the royal -treasury exhausted. Improvident grants of lands and revenues and -jurisdictions, to bribe the treacherous fidelity of faithless nobles, or -to gratify worthless favorites, were made, till there was nothing left -to give, and then Henry IV bestowed licenses for private mints, until -there were a hundred and fifty of them at work, flooding the land with -base money, to the unutterable confusion of the coinage and the -impoverishment of the people.[21] The Córtes of Madrid, in 1467, and of -Ocaña in 1469, called on Henry to resume his improvident grants, and -those of Madrigal, in 1476, repeated the urgency to Ferdinand and -Isabella, who had been forced to follow his example. To this the -sovereigns replied thanking the Córtes and postponing the matter. They -did not feel themselves strong enough until 1480, when at the Córtes of -Toledo, they resumed thirty million maravedís of revenue which had been -alienated during the troubles, and this after an investigation which -left untouched the gifts to loyal subjects and only withdrew such as had -been extorted.[22] Respect for the crown had fallen as low as its -revenues. A story told of the Count of Benavente shows how difficult it -was, even after the accession of Isabella, for the nobles to recognize -that they owed any obedience to the sovereign. He was walking with the -queen when a woman came weeping and begging justice, saying that he had -had her husband slain in spite of a royal safe-conduct. She showed the -letter which her husband had carried in his breast, pierced by the blow -which had ended his life, when the count jeeringly remarked "A cuirass -would have been of more service." Piqued by this Isabella said "Count do -you then not wish there was no king in Castile?" "Rather," said he, "I -wish there were many." "And why?" "Because then I should be one of -them."[23] - -[Sidenote: _CHARACTER OF PRELATES_] - -In such a chaos of lawless passion it is not to be supposed that the -Church was better than the nobles who filled its high places with -worthless scions of their stocks, or than the lower classes of the laity -who sought in it provision for a life of idleness and licence. The -primate of Castile was the Archbishop of Toledo, who was likewise _ex -officio_ chancellor of the realm and whose revenues were variously -estimated at from eighty to a hundred thousand ducats, with patronage at -his disposal amounting to a hundred thousand more.[24] The occupant of -this exalted position, at the accession of Isabella, was Alonso -Carrillo, a turbulent prelate, delighting in war, foremost in all the -civil broils of the period, who, not content with the immense income of -his see, lavished extravagant sums in alchemy. Hernando del Pulgar, in a -letter of remonstrance, said to him, "The people look to you as their -bishop and find in you their enemy; they groan and complain that you use -your authority not for their benefit and reformation but for their -destruction; not as an exemplar of kindness and peace but for -corruption, scandal, and disturbance." When, in 1495, the puritan -Ximenes was appointed to the archbishopric, one of his first acts is -said to have been the removal, from near the altar of the Franciscan -church of Toledo, of a magnificent tomb which Carrillo had erected to -his bastard, Troilo Carrillo.[25] - -His successor in the see of Toledo has a special interest for us in view -of his labors to purify the faith which culminated in establishing the -Inquisition. Pero González de Mendoza was one of the notable men of the -day, whose influence with Ferdinand and Isabella won for him the name of -"the third king." While yet a child he held the curacy of Hita; at -twelve he had the archdeaconry of Guadalajara, one of the richest -benefices in Spain, which he retained during the successive bishoprics -of Calahorra and Sigüenza and the archbishopric of Seville; the see of -Sigüenza he kept during the whole tenure successively of the -archiepiscopates of Seville and Toledo, in addition to which he was a -cardinal and titular Patriarch of Alexandria. With his kindred of the -powerful house of Mendoza he adhered to Henry IV, until they effected -the sale of the hapless Beltraneja, who was in their hands, to her -father, Henry, for certain estates and the title of Duke del Infantado -for Diego Hurtado, the head of the family, after which Pero González and -his kinsmen promptly transferred their allegiance to Isabella. His -admiring biographer assures us that he was more ready with his hands -than with his tongue, that he was a gallant knight and that there was -never a war in Spain during his time in which he did not personally take -part or at least have his troops engaged. Though he had no leisure to -attend to his spiritual duties, he found time to yield to the -temptations of the flesh. When, in 1484, he led the army of invasion -into Granada he took with him his bastard, Rodrigo de Mendoza, a youth -of twenty, who was already Señor del Castillo del Cid, and who, in 1492, -was created Marquis of Cenete on the occasion of his marriage, amid -great rejoicings, in the presence of Ferdinand and Isabella, to Leonor -de la Cerda, daughter and heiress of the Duke of Medina Celi and niece -of Ferdinand himself. This was not the only evidence of his frailty of -which he took no shame, for he had another son named Juan, by a lady of -Valladolid, who was married to Doña Ana de Aragon, another niece of -Ferdinand.[26] - -[Sidenote: _CONDITION OF THE CHURCH_] - -With such men at the head of the Church it is not to be expected that -the lower orders of the clergy should be models of decency and morality, -rendering Christianity attractive to Jew and Moslem. Alonso Carrillo, -the archbishop of Toledo, can scarce be regarded as a strict -disciplinarian, but even he felt obliged, when holding the council of -Aranda in 1473, to endeavor to repress the more flagrant scandals of the -clergy. As a corrective of their prevailing ignorance it was ordered -that in future none should be ordained who could not speak Latin--the -language of the ritual and the foundation of all instruction, -theological and otherwise. They were forbidden to wear silk or gaily -colored garments. As their licentiousness rendered them contemptible to -the people, they were commanded to part with their concubines within two -months. As their fondness for dicing led to perjuries, scandals and -homicides, they were required thereafter to abstain from it, privately -as well as publicly. As many priests disdained to celebrate mass, they -were ordered to do so at least four times a year; bishops, moreover, -were urged to celebrate at least thrice a year, under pain of severe -penalties to be determined at the next council. The absurdities poured -forth in their sermons by wandering priests and friars were to be -repressed by requiring examinations prior to issuing licenses to preach, -and the scandals of the pardon-sellers were to be diminished by -subjecting them to the bishops. The bishops were also urged to make -severe examples of offenders in the lower orders of the clergy, when -delivered to them by the secular courts, and not to allow their -enormities to enjoy continued immunity. The bishops, moreover, were -commanded to make no charge for conferring ordinations; they were -exhorted, and all other clerics were required, not to lead a dissolute -military life or to enter the service of secular lords excepting of the -king and princes of the blood. As duels were forbidden, both laity and -clergy were warned that if slain in such encounters they would be -refused Christian burial.[27] That this effort at reform was, as might -be expected, wholly abortive is evidenced from the description of the -vices of the ecclesiastical body when Ferdinand and Isabella -subsequently endeavored to correct its more flagrant scandals.[28] It -was wholly secularized and only to be distinguished from the laity by -the sacred functions which rendered its vices more abhorrent, by the -immunities which fostered and stimulated those vices and by the -intolerance which, blind to all aberrations of morals, proclaimed the -stake to be the only fitting punishment for aberration in the faith. -While powerless to reform itself it yet had influence enough to educate -the people up to its standard of orthodoxy in the ruthless persecution -of all whom it pleased to designate as enemies of Christ. - -Yet in Spain the immunities and privileges of the Church were less than -elsewhere throughout Christendom. The independence which the secular -power in Castile had always manifested toward the Holy See and its -disregard of the canon law are points which will occasionally manifest -themselves hereafter and are worthy of a moment's consideration here. I -have elsewhere shown that, alone among the Latin nations, Castile -steadily refused to admit the medieval Inquisition and disregarded -completely the prescriptions of the Church regarding heresy.[29] In the -twelfth century the popular feeling toward the papacy is voiced in the -ballads of the Cid. When a demand for tribute to the Emperor Henry IV is -said to be made through the pope, Ruy Diaz advises King Fernando to send -a defiance from both of them to the pope and all his party, which the -monarch accordingly does. So when the Cid accompanies his master to a -great council in Rome and kicks over the chair prepared for the King of -France, the pope excommunicates him, whereupon he kneels before the holy -father and asks for absolution, telling him it will be the worse for him -if he does not grant it, which the pope promptly does on condition of -his being more self-restrained during the remainder of his stay.[30] -There is no trace of the veneration for the vice-gerent of God which -elsewhere was inculcated as an indispensable religious duty. - -[Sidenote: _DISREGARD OF THE PAPACY_] - -When such was the popular temper it is easy to understand that the -prohibition to carry money out of the kingdom to the pope was even more -emphatic than in England.[31] The claim to control the patronage of the -Church, which was so prolific a source of revenue to the curia, met -throughout Spain a resistance as sturdy as in England, though the -troubled condition of the land interfered with its success. In -Catalonia, the Córtes, in 1419, adopted a law in which, after alluding -to the scandals and irreparable injuries arising from the intrusion of -strangers, it was declared that none but natives should hold preferment -of any kind and that all papal letters and bulls contravening this -should be resisted in whatever way was necessary.[32] In Castile the -Córtes of 1390 forcibly represented to Juan I the evils resulting from -this foisting of strangers on the Spanish Church, but his speedy death -prevented action. The remonstrance was renewed to the tutors of the -young Henry III, who promptly placed an embargo on the revenues of -foreign benefice-holders and forbade the admission of subsequent -appointees. This led to a compromise, in 1393, by which the Avignonese -curia secured the recognition of existing incumbents by promising that -no more such nominations should be made.[33] The promise made by the -Avignonese antipope was not binding on the Roman curia and the quarrel -continued. Even if the recipient was a native there was little ceremony -in dealing with papal grants of benefices when occasion prompted, as was -shown in the affair which first revealed the unbending character of the -future Cardinal Ximenes. During his youthful sojourn in Rome Ximenes -procured papal "expectative letters" granting him the first preferment -that should fall vacant in the diocese of Toledo. On his return he made -use of these letters to take possession of the _arciprestazgo_ of Uceda, -but it happened that Archbishop Carrillo simultaneously gave it to one -of his creatures and, as Ximenes refused to surrender his rights, he was -thrown into a tower in Uceda--a tower he subsequently, when himself -Archbishop of Toledo, used as a treasury. As he continued obstinate, -Carrillo transferred him to the Pozo de Santorcas, a harsh dungeon used -for clerical malefactors, where he lay for six years, resolutely -refusing to abandon his claim, until released at the intercession of the -wife of a nephew of Carrillo.[34] Evidently the Castilian prelates had -slender respect for papal diplomas. About the same time, during the -civil war between Henry IV and his brother Alfonso, when Hernando de -Luxan, Bishop of Sigüenza, died, the dean, Diego López, obtained -possession of the castles and the treasure of the see, joined the party -of Alfonso, and, with the aid of Archbishop Carrillo, caused himself to -be elected bishop. Meanwhile Paul II gave the see to Juan de Maella, -Cardinal-bishop of Zamora, but Diego López refused to obey the bulls and -appealed to the future council against the pope and all his censures. He -disregarded an interdict launched against him and was supported by all -his clergy. Maella died and Paul II gave the bishopric to the Bishop of -Calahorra, requesting Henry IV to place him in possession. So secure did -Diego López feel that he rejected a compromise offering him the see of -Zamora in exchange, but the possession of Sigüenza happened to be of -importance in the war; by bribery a troop of royalist soldiers obtained -admittance to the castle and carried off López as a prisoner.[35] - -It was the same even with so pious a monarch as Ferdinand the Catholic. -When, in 1476, the archiepiscopal see of Saragossa became vacant by the -death of Juan of Aragon, Ferdinand, with his father, Juan II, asked -Sixtus IV to appoint his natural son, Alfonso, a child six years of age. -The claim of the papacy to archiepiscopal appointments, based on the -necessity of the pallium, was of ancient date and had become -incontestable. In the thirteenth century Alfonso X had admitted it in -the case of the archbishops, but when Isabella appointed Ximenes to the -see of Toledo in 1495 the proceedings showed that the post was -considered to be in the gift of the crown and the papal confirmation to -be a matter of course.[36] So in the present case the request was a mere -form, as was seen when Sixtus refused. The defect of birth could be -dispensed for, but the youth of Alfonso was an insuperable objection, -and Sixtus appointed Ansias Dezpuch, then Archbishop of Monreal, -thinking that the services rendered by him and by his uncle, the Master -of the Order of Montesa, would induce the king to assent. Dezpuch -accepted, but Ferdinand at once sequestrated all the revenues of Monreal -and the priory of Santa Cristina and ordered him to resign. On his -hesitating, Ferdinand threatened to seize all the castles and revenues -of the mastership of Montesa, which was effectual, and Sixtus -compromised by making the boy perpetual administrator of Saragossa.[37] - -[Sidenote: _ECCLESIASTICAL JURISDICTION LIMITED_] - -Isabella, despite her piety, was as firm as her husband in defending the -claim of the crown in these matters against the papacy. When, in 1482, -the see of Cuenca became vacant and Sixtus IV appointed a Genoese cousin -to the position, Ferdinand and his queen energetically represented that -only Spaniards should have Spanish bishoprics and that the selection -should be made by them. Sixtus retorted that all benefices were in the -gift of the pope and that his power, derived from God, was unlimited, -whereupon they ordered home all their subjects resident in the papal -court and threatened to take steps for the convocation of a general -council. These energetic proceedings brought Sixtus to terms and he sent -to Spain a special nuncio, but Ferdinand and Isabella stood on their -dignity and refused even to receive him. Then the Cardinal of Spain, -Pero González de Mendoza, intervened and, on Sixtus withdrawing his -pretensions, they allowed themselves to be reconciled.[38] They alleged -that whatever might be the papal rights in other countries, in Spain -the patronage of all benefices belonged to the crown because they and -their predecessors had wrested the land from the infidel.[39] So -jealous, indeed, were they of the papal encroachments that among the -subjects which they submitted to the national synod assembled by them in -Seville, June, 1478, was how to prevent the residence of papal legates -and nuncios, who not only carried off much money from the kingdom, but -threatened the royal pre-eminence, to which the synod replied that this -rested with the sovereigns to do as their predecessors had done.[40] It -is easy thus to understand why, in the organization of the Inquisition, -they insisted that all appointments should be made by the throne. - -In other ways the much-prized superiority of the canon over secular law -was disregarded in Spain. The Córtes and the monarch had never hesitated -to legislate on ecclesiastical affairs, and the jurisdiction of the -ecclesiastical courts was limited with a jealousy which paid scant -respect to canon and decretal. Nothing, for instance, was better settled -than the spiritual cognizance of all matters respecting testaments, yet -when, in 1270, the authorities of Badajoz complained of the interference -of the bishop's court with secular judges in such affairs, proceeding to -the excommunication of those who exercised jurisdiction over them, -Alfonso X expressed surprise and gave explicit commands that such cases -should be decided by the lay courts exclusively.[41] So little respect -was felt for the immunity of ecclesiastics from secular law, in defence -of which Thomas à Becket had laid down his life, that, as late as 1351, -an _ordenamiento_ of Pedro the Cruel concedes to them that they shall -not be cited before secular judges except in accordance with law.[42] On -the other hand, laymen were jealously protected from the ecclesiastical -courts. The crown was declared to be the sole judge of its own -jurisdiction, and no appeal from it was allowed. In the exercise of this -supreme power laws were repeatedly enacted providing that a layman, who -should cite another layman before a spiritual judge, not only lost his -cause but incurred a heavy fine and disability for public office. The -spiritual judge could not imprison a layman or levy execution on his -property, and he who attempted it or any other invasion of the royal -jurisdiction forfeited his benefices and became a stranger in the -kingdom, thus rendering him incapable of preferment. The ecclesiastic -who cited a layman before a spiritual judge lost any privileges or -graces which he might hold of the crown. The layman who attempted to -remove a cause from a lay court to a spiritual one was punished with -confiscation of all his property, while any vassal who claimed benefit -of clergy and declined the jurisdiction of a royal court forfeited his -fief. In re-enacting these laws in the Córtes of Toledo, in 1480, -Ferdinand and Isabella complained of their inobservance and ordered -their strict enforcement.[43] No other nation in Christendom dared thus -to infringe on the sacred limits of spiritual jurisdiction. - -[Sidenote: _ECCLESIASTICAL IMMUNITY_] - -Yet even this was not all, for the secular power asserted its right to -intervene in matters within the Church itself. Elsewhere the -ineradicable vice of priestly concubinage was left to be dealt with by -bishops and archdeacons. The guilty priests themselves, even in Castile, -were exempt from civil authority, but Ferdinand and Isabella had no -hesitation in invading their domiciles and, by repeated edicts in 1480, -1491, 1502, and 1503, endeavored to cure the evil by fining, scourging, -and banishing their partners in sin.[44] It is true, as we have seen -above, that these laws were eluded, but there was at least a vigorous -attempt to enforce them for, in 1490, the clergy of Guipuzcoa complained -that the officers of justice visited their houses to see whether they -kept concubines (which of course they denied) and carried off their -women to prison, where they were forced to confess themselves -concubines, to the great dishonor of the Church, whereupon the -sovereigns repressed the excessive zeal of their officials and ordered -them in future to interfere only when the concubinage was notorious.[45] -A yet more significant extension of royal authority was exercised when, -in 1490, the people of Lequeitio (Biscay) complained that, though there -were twelve mass-priests in the parish church, they all celebrated -together and at uncertain times, so that the pious were unable to be -present. This was a matter belonging exclusively to the diocesan -authority, yet the appeal was made to the crown, and the Royal Council -felt no scruple in ordering the priests to celebrate in succession and -at reasonable hours, under pain of banishment and forfeiture of -temporalities, thus disregarding even the imprescriptible immunities of -the priesthood.[46] So slender, indeed, was the respect paid to these -immunities that the Council of Aranda, in 1473, complained that -magistrates of cities and other temporal lords presumed to banish -ecclesiastics holding benefices in cathedral churches, and it may well -be doubted whether the interdict with which the council threatened to -punish this infraction of the canons was effective in its -suppression.[47] - -One of the most deplorable abuses with which the Church afflicted -society was the admission into the minor orders of crowds of laymen who, -without abandoning worldly pursuits, adopted the tonsure in order to -enjoy the irresponsibility afforded by the claim acquired to spiritual -jurisdiction, whether as criminals or as traders. The Córtes of -Tordesillas, in 1401, declared that the greater portion of the -_rufianes_ and malefactors of the kingdom wore the tonsure; when -arrested by the secular officials the spiritual courts demanded them and -enforced their claims with excommunication, after which they freely -discharged the evil doers. This complaint was re-echoed by almost every -subsequent Córtes, with an occasional allusion to the stimulus thus -afforded to the evil propensities of those who were really clerics. The -kings in responding to these representations could only say that they -would apply to the Holy Father for relief, but the relief never -came.[48] The spirit in which these claims of clerical immunity were -advanced as a shield for criminals and the resolute firmness with which -they were met by Ferdinand and Isabella are illustrated by an occurrence -in 1486, in Truxillo, where a man committed a crime and was arrested by -the corregidor. He claimed to wear the tonsure and, as the officials -delayed in handing him over to the ecclesiastical court, some clerics -who were his kinsmen paraded the streets with a cross and proclaimed -that religion was being destroyed. They succeeded thus in arousing a -tumult in which the culprit was liberated. The sovereigns were in -Galicia, but they forthwith despatched troops to the scene of -disturbance; severe punishment was inflicted on the participants in the -riot, and the clerics who had provoked it were deprived of citizenship -and were banished from Spain.[49] Less serious but still abundantly -obnoxious were the advantages which these tonsured laymen possessed in -civil suits by claiming the privilege of ecclesiastical jurisdiction. To -meet this was largely the object of the laws in the _Ordenanzas Reales_ -described above, and these were supplemented, in 1519, by an edict of -Charles V forbidding episcopal officials from cognizance of cases where -such so-called clerics engaged in trade sought the spiritual courts as a -defence against civil suits. A similar abuse, by which such clerics in -public office evaded responsibility for wrong-doing by pleading their -clergy, he remedied by reviving an old law of Juan I declaring them -ineligible to office.[50] Thus the royal power in Spain asserted its -authority over the Church after a fashion unknown elsewhere. We shall -see that, so long as it declined to persecute Moors and Jews, Rome could -not compel it to do so. When its policy changed under Isabella it was -inevitable that the machinery of persecution should be under the -control, not of the Church, but of the sovereign. We shall also see -that, when the Inquisition inflicted similar wrongs by the immunities -claimed for its own officials and familiars, the sovereigns customarily -turned a deaf ear to the complaints of the people. - - * * * * * - -[Sidenote: _DISPUTED SUCCESSION_] - -Such was the condition of Castile when the death of the miserable Henry -IV, December 12, 1474, cast the responsibility of royalty on his sister -Isabella and her husband, Ferdinand of Aragon. The power of the crown -was eclipsed; the land was ravaged with interminable war between nobles -who were practically independent; the sentiment of loyalty and -patriotism seemed extinct: deceit and treachery, false oaths--whatever -would serve cupidity and ambition--were universal; justice was bought -and sold; private vengeance was exercised without restraint; there was -no security for life and property. The fabric of society seemed about to -fall in ruins.[51] To evolve order out of this chaos of passion and -lawlessness was a task to test to the uttermost the nerve and capacity -of the most resolute and sagacious. To add to the confusion there was a -disputed succession, although, in 1468, the oath of fidelity had been -taken to Isabella, with the assent of Henry IV, in the Contract of -Perales, by which he, for the second time, acknowledged his reputed -daughter Juana not to be his. He was popularly believed to be impotent, -and when his wife Juana, sister of Affonso V of Portugal, bore him a -daughter, whom he acknowledged and declared to be his heir, her -paternity was maliciously ascribed to Beltran de la Cueva, and she was -known by the opposite party as La Beltraneja. Though Henry had been -forced by his nobles to set aside her claims in favor of his brother -Alfonso in the Declaration of Cabezon, in 1464, and, after Alfonso's -death, in favor of Isabella, in 1468, the latter's marriage, in 1469, -with Ferdinand of Aragon so angered him that he betrothed Juana to -Charles Duke of Guienne, brother of Louis XI of France, and made the -nobles of his faction swear to acknowledge her. At his death he -testified again to her legitimacy and declared her to be his successor -in a will which long remained hidden and finally in 1504 fell under the -control of Ferdinand, who ordered it burnt.[52] There was a powerful -party pledged to support her rights, and they were aided on the one hand -by Affonso of Portugal and on the other by Louis of France, each eager -to profit by dismembering the unhappy land. Some years of war, more -cruel and bloody than even the preceding aimless strife, were required -to dispose of this formidable opposition--years which tried to the -utmost the ability of the young sovereigns and proved to their subjects -that at length they had rulers endowed with kingly qualities. The -decisive victory of Toro, won by Ferdinand over the Portuguese, March 1, -1476, virtually settled the result, although the final treaty was not -signed until 1479. The Beltraneja was given the alternative of marrying -within six months Prince Juan, son of Ferdinand and Isabella, then but -two years old, or of entering the Order of Santa Clara in a Portuguese -house. She chose the latter, but she never ceased to sign herself _Yo la -Reina_, and her pretensions were a frequent source of anxiety. She led a -varied life, sometimes treated as queen, with a court around her, and -sometimes as a nun in her convent, dying at last in 1531, at the age of -seventy.[53] - -Isabella was queen in fact as well as in name. Under the feudal system, -the husband of an heiress was so completely lord of the fief that, in -the Capitulations of Cervera, January 7, 1469, which preceded the -marriage, the Castilians carefully guarded the autonomy of their kingdom -and Ferdinand swore to observe the conditions.[54] Yet, on the death of -Henry IV, he imagined that he could disregard the compact, alleging that -the crown of Castile passed to the nearest male descendant, and that -through his grandfather, Ferdinand of Antequera, brother of Henry III, -he was the lawful heir. The position was, however, too doubtful and -complicated for him to insist on this; a short struggle convinced his -consummate prudence that it was wisdom to yield, and Isabella's wifely -tact facilitated submission. It was agreed that their two names should -appear on all papers, both their heads on all coins, and that there -should be a single seal with the arms of Castile and Aragon. Thereafter -they acted in concert which was rarely disturbed. The strong -individuality which characterized both conduced to harmony, for neither -of them allowed courtiers to gain undue influence. As Pulgar says "The -favorite of the king is the queen, the favorite of the queen is the -king."[55] - -[Sidenote: _FERDINAND'S CHARACTER_] - -Ferdinand, without being a truly great man, was unquestionably the -greatest monarch of an age not prolific in greatness, the only -contemporary whom he did not wholly eclipse being Henry VII of England. -Constant in adversity, not unduly elated in prosperity, there was a -stedfast equipoise in his character which more than compensated for any -lack of brilliancy. Far-seeing and cautious, he took no decisive step -that was not well prepared in advance but, when the time came, he could -strike, promptly and hard. Not naturally cruel, he took no pleasure in -human suffering, but he was pitiless when his policy demanded. -Dissimulation and deceit are too invariable an ingredient of statecraft -for us to censure him severely for the craftiness in which he surpassed -his rivals or for the mendacity in which he was an adept. Cold and -reserved, he preferred to inspire fear rather than to excite affection, -but he was well served and his insight into character gave him the most -useful faculty of a ruler, the ability to choose his instruments and to -get from them the best work which they were capable of performing, while -gratitude for past services never imposed on him any inconvenient -obligations. He was popularly accused of avarice, but the empty treasury -left at his death showed that acquisitiveness with him had been merely a -means to an end.[56] His religious convictions were sincere and moreover -he recognized wisely the invaluable aid which religion could lend to -statesmanship at a time when Latin Christianity was dominant without a -rival. This was especially the case in the ten years' war with Granada, -his conduct of which would alone stamp him as a leader of men. The -fool-hardy defiance of Abu-l-Hacan when, in 1478, he haughtily refused -to resume payment of the tribute which for centuries had been imposed on -Granada, and when, in 1481, he broke the existing truce by surprising -Zahara, was a fortunate occurrence which Ferdinand improved to the -utmost. The unruly Castilian nobles had been reduced to order, but they -chafed under the unaccustomed restraint. By giving their warlike -instincts legitimate employment in a holy cause, he was securing -internal peace; by leading his armies personally, he was winning the -respect of his Castilian subjects who hated him as an Aragonese, and he -was training them to habits of obedience. By making conquests for the -crown of Castile he became naturalized and was no longer a foreigner. It -was more than a hundred years since a King of Castile had led his -chivalry to victory over the infidel, and national pride and religious -enthusiasm were enlisted in winning for him the personal authority -necessary for a sovereign, which had been forfeited since the murder of -Pedro the Cruel had established the bastard line upon the throne. It was -by such means as this, and not by the Inquisition that he started the -movement which converted feudal Spain into an absolute monarchy. His -life's work was seen in the success with which, against heavy odds, he -lifted Spain from her obscurity in Europe to the foremost rank of -Christian powers. - -Yet amid the numerous acts of cruelty and duplicity which tarnish the -memory of Ferdinand as a statesman, examination of his correspondence -with his officials of the Inquisition, especially with those employed in -the odious business of confiscating the property of the unhappy victims, -has revealed to me an unexpectedly favorable aspect of his character. -While urging them to diligence and thoroughness, his instructions are -invariably to decide all cases with rectitude and justice and to give no -one cause of complaint. While insisting on the subordination of the -people and the secular officials to the Holy Office, more than once we -find him intervening to check arbitrary action and to correct abuses -and, when cases of peculiar hardship arising from confiscations are -brought to his notice, he frequently grants to widows and orphans a -portion of the forfeited property. All this will come before us more -fully hereafter and a single instance will suffice here to illustrate -his kindly disposition to his subjects. In a letter of October 20, 1502, -he recites that Domingo Muñoz of Calatayna has appealed to him for -relief, representing that his little property was burdened with an -annual _censal_ or ground-rent of two sols eight dineros--part of a -larger one confiscated in the estate of Juan de Buendia, condemned for -heresy--and he orders Juan Royz, his receiver of confiscations at -Saragossa, to release the ground-rent and let Muñoz have his property -unincumbered, giving as a reason that the latter is old and poor.[57] It -shows Ferdinand's reputation among his subjects that such an appeal -should be ventured, and the very triviality of the matter renders it the -more impressive that a monarch, whose ceaseless personal activity was -devoted to the largest affairs of that tumultuous world, should turn -from the complicated treachery of European politics to consider and -grant so humble a prayer. - -[Sidenote: _ISABELLA_] - -In his successful career as a monarch he was well seconded by his queen. -Without deserving the exaggerated encomiums which have idealized her, -Isabella was a woman exactly adapted to her environment. As we have -seen, the _muger varonil_ was a not uncommon development of the period -in Spain, and Isabella's youth, passed in the midst of civil broils, -with her fate more than once suspended in the balance, had strengthened -and hardened the masculine element in her character. Self-reliant and -possessed of both moral and physical courage, she was prompt and -decided, bearing with ease responsibilities that would have crushed a -weaker nature and admirably fitted to cope with the fierce and turbulent -nobles, who respected neither her station nor her sex and could be -reduced to obedience only by a will superior to their own. She had the -defects of her qualities. She could not have been the queen she was -without sacrifice of womanly softness, and she earned the reputation of -being hard and unforgiving.[58] She could not be merciful when her task -was to reduce to order the wild turmoil and lawlessness which had so -long reigned unchecked in Castile, but in this she shed no blood -wantonly and she knew how to pardon when policy dictated mercy. How she -won the affection of those in whom she confided can be readily -understood from the feminine grace of her letters to her confessor, -Hernando of Talavera.[59] A less praiseworthy attribute of her sex was -her fondness for personal adornment, in which she indulged in spite of a -chronically empty treasury and a people overwhelmed with taxation. We -hear of her magnifying her self-abnegation in receiving the French -ambassador twice in the same gown, while an attaché of the English envoy -says that he never saw her twice in the same attire, and that a single -toilet, with its jewels and appendages must have cost at least 200,000 -crowns.[60] She was moreover rigidly tenacious of the royal dignity. -Once when Ferdinand was playing cards with some grandees, the Admiral of -Castile, whose sister was Ferdinand's mother, addressed him repeatedly -as "nephew"; Isabella was undressed in an inner room and heard it; she -hastily gathered a garment around her, put her head through the door and -rebuked him--"Hold! my lord the king has no kindred or friends, he has -servants and vassals."[61] She was deeply and sincerely religious, -placing almost unbounded confidence in her spiritual directors, whom she -selected, not among courtly casuists to soothe her conscience, but from -among the most rigid and unbending churchmen within her reach, and to -this may in part be attributed the fanaticism which led her to make such -havoc among her people. She was scrupulously regular in all church -observances; in addition to frequent prayers she daily recited the hours -like a priest, and her biographer tells us that, in spite of the -pressing cares of state, she seemed to lead a contemplative rather than -an active life.[62] She was naturally just and upright, though, in the -tortuous policy of the time, she had no hesitation in becoming the -accomplice of Ferdinand's frequent duplicity and treachery. With all the -crowded activity of her eventful life, she found time to stimulate the -culture despised by the warlike chivalry around her, and she took a deep -interest in an academy which, at her instance, was opened for the young -nobles of her court by the learned Italian, Peter Martyr of -Anghiera.[63] - -[Sidenote: _ROYAL JURISDICTION_] - -Isabella recognized that the surest way to curb the disorders which -pervaded her kingdom was the vigorous enforcement of the law and, as -soon as the favorable aspect of the war of the succession gave leisure -for less pressing matters, she set earnestly to work to accomplish it. -The victory of Toro was followed immediately by the Córtes of Madrigal, -April 27, 1476, where far-reaching reforms were enacted, among which the -administration of justice and the vindication of the royal prerogatives -occupied a conspicuous place.[64] It was not long before she gave her -people a practical illustration of her inflexible determination to -enforce these reforms. In 1477 she visited Seville with her court and -presided in public herself over the trial of malefactors. Complaints -came in thick and fast of murders and robberies committed in the bad old -times; the criminals were summarily dispatched, and a great fear fell -upon the whole population, for there was scarce a family or even an -individual who was not compromised. Multitudes fled and Seville bade -fair to be depopulated when, at the supplication of a great crowd, -headed by Enrique de Guzman, Duke of Medina Sidonia, she proclaimed an -amnesty conditioned on the restitution of property, making, however, the -significant exception of heresy.[65] - -[Sidenote: _ADMINISTRATION OF JUSTICE_] - -From Seville she went, accompanied by Ferdinand, to Córdova. There they -executed malefactors, compelled restitution of property, took possession -of the castles of robber hidalgos, and left the land pacified. As -opportunity allowed, in the busy years which followed, Isabella visited -other portions of her dominions, from Valencia to Biscay and Galicia, on -the same errand and, when she could not appear in person, she sent -judges around with full power to represent the crown, the influence of -which was further extended when, in 1480, the royal officers known as -corregidores were appointed in all towns and cities.[66] One notable -case is recorded which impressed the whole nobility with salutary -terror. In 1480 the widow of a scrivener appealed to her against Alvar -Yáñez, a rich caballero of Lugo in Galicia, who, to obtain possession of -a coveted property, caused the scrivener to forge a deed and then -murdered him to insure secrecy. It was probably this which led Ferdinand -and Isabella to send to Galicia Fernando de Acuña as governor with an -armed force, and Garcí López de Chinchilla as corregidor. Yáñez was -arrested and finally confessed and offered to purchase pardon with -40,000 ducats to be applied to the Moorish wars. Isabella's counsellors -advised acceptance of the tempting sum for so holy a cause, but her -inflexible sense of justice rejected it; she had the offender put to -death, but to prove her disinterestedness she waived her claim to his -forfeited estates and gave them to his children. Alvar Yáñez was but a -type of the lawless nobles of Galicia who, for a century, had been -accustomed to slay and spoil without accountability to any one. So -desperate appeared the condition of the land that when, in 1480, the -deputies of the towns assembled to receive Acuña and Chinchilla they -told them that they would have to have powers from the King of Heaven as -well as from the earthly king to punish the evil doers of the land.[67] -The example made of Yáñez brought encouragement, but the work of -restoring order was slow. Even in 1482 the representatives of the towns -of Galicia appealed to the sovereigns, stating that there had long been -neither law nor justice there and begging that a _justizia mayor_ be -appointed, armed with full powers to reduce the land to order. They -especially asked for the destruction of the numerous castles of those -who, having little land and few vassals to support them, lived by -robbery and pillage, and with them they classed the fortified churches -held by prelates. At the same time they represented that homicide had -been so universal that, if all murderers were punished, the greater part -of the land would be ruined, and they suggested that culprits be merely -made to serve at their own expense in the war with Granada.[68] With the -support of the well-disposed, however, the royal power gradually made -itself felt; they lent efficient support to the royal representatives; -forty-six robber castles were razed and fifteen hundred robbers and -murderers fled from the province, which became comparatively peaceful -and orderly--a change confirmed when, in 1486, Ferdinand and Isabella -went thither personally to complete the work. Yet it was not simply by -spasmodic effort that the protection of the laws was secured for the -population. Constant vigilance was exercised to see that the judges were -strict and impartial. In 1485, 1488 and 1490 we hear of searching -investigations made into the action of all the corregidores of the -kingdom to see that they administered justice without fear or favor. -_Juezes de Residencia_, as they were called, armed with almost full -royal authority, were dispatched to all parts of the kingdom, as a -regular system, to investigate and report on the conduct of all royal -officials, from governors down, with power to punish for injustice, -oppression, or corruption, subject always to appeal in larger cases to -the royal council, and the detailed instructions given to them show the -minute care exercised over all details of administration. Bribery, also, -which was almost universal in the courts, was summarily suppressed and -all judges were forbidden to receive presents from suitors.[69] To -maintain constant watchfulness over them a secret service was organized -of trustworthy inspectors who circulated throughout the land in disguise -and furnished reports as to their proceedings and reputation.[70] -Attention, moreover, was paid to the confused jurisprudence of the -period. Since the confirmation of the _Siete Partidas_ of Alfonso X, in -1348, and the issue at the same time of the _Ordenamiento de Alcalá_, -there had been countless laws and edicts published, some of them -conflicting and many that had grown obsolete though still legally in -force. The greatest jurist of the day, Alfonso Diaz de Montalvo, was -employed to gather from these into a code all that were applicable to -existing conditions and further to supplement their deficiencies, and -this code, known as the _Ordenanzas Reales_, was accepted and confirmed -by the Córtes of Toledo in 1480.[71] This reconstruction of Castilian -jurisprudence was completed for the time when, in 1491, Montalvo brought -out an edition of the _Siete Partidas_, noting what provisions had -become obsolete and adding what was necessary of the more modern laws. -The result of all these strenuous labors is seen in the admiring -exclamation of Peter Martyr, in 1492, "Thus we have peace and concord, -hitherto unknown in Spain. Justice, which seems to have abandoned other -lands, pervades these kingdoms."[72] The inestimable benefits resulting -from this are probably due more especially to Isabella. - -Yet I have been led to the conviction that her share in the -administration of her kingdom has been exaggerated. The chroniclers of -the period were for the most part Castilians who would naturally seek to -subordinate the action of the Aragonese intruder, and subsequent -writers, in their eagerness to magnify the reputation of Isabella, have -followed the example. In the copious royal correspondence with the -officials of the Inquisition the name of Isabella rarely appears. To -those in Castile as in Aragon Ferdinand mostly writes in the first -person singular, without even using the _pluralis majestatis_; the -receiver of confiscations is _mi receptor_, the royal treasury is _mi -camera e fisco_; the Council of the Inquisition is _mi consejo_. In -spite of the agreement of 1474, the signature _Yo la Reina_ rarely -appears alongside of _Yo el Rey_, and still rarer are Ferdinand's -allusions to _la Serenissima Reina, mi muy cara e muy amada muger_, -while in the occasional letters issued by Isabella during her husband's -absence, she is careful to adduce his authority as that of _el Rey mi -señor_.[73] It is scarce likely that this preponderance of Ferdinand was -confined to directing the affairs of the Holy Office. - -There has been a tendency of late to regard the Inquisition as a -political engine for the conversion of Spain from a medieval feudal -monarchy to one of the modern absolute type, but this is an error. The -change effected by Ferdinand and Isabella and confirmed by their -grandson Charles V was almost wholly wrought, as it had been two -centuries earlier in France, by the extension and enforcement of the -royal jurisdiction, superseding that of the feudatories.[74] In Castile -the latter had virtually ceased to be an instrument of good during the -long period of turbulence which preceded the accession of Isabella; -something evidently was needed to fill the gap; the zealous and -efficient administration of justice, which I have described, not only -restored order to the community but went far to exalt the royal power, -and, while it abased the nobles, it reconciled the people to possible -usurpations which were so beneficent. In the consolidation and -maintenance of this no agency was so effective as the institution known -as the _Santa Hermandad_. - -[Sidenote: _LA SANTA HERMANDAD_] - -Hermandades--brotherhoods or associations for the maintenance of public -peace and private rights--were no new thing. In the troubles of 1282, -caused by the rebellion of Sancho IV against his father, the first idea -of his supporters seems to have been the formation of such -organizations.[75] In these associations, however, the police functions -were subordinated to the political object of supporting the pretensions -of Sancho IV and, recognizing their danger, he dissolved them as soon as -he felt the throne assured to him. After his death, his widow the regent -Doña María de Molina, organized them anew for the protection of her -child, Fernando IV, and again in 1315, when she was a second time regent -in the minority of her grandson, Alfonso XI.[76] - -The idea was a fruitful one and speedily came to be recognized as a -potent instrumentality in the struggle with local disorder and violence. -Perhaps the earliest Hermandad of a purely police character, similar to -the later ones, was that entered into in 1302 between Toledo, Talavera -and Villareal to repress the robberies and murders committed by the -_Golfines_ in the district of Xara. Fernando IV not only confirmed the -association but ordered the inhabitants to render it due assistance, and -subsequent royal letters of the same purport were issued in 1303, 1309, -1312 and 1315.[77] In 1386 Juan I framed a general law providing for the -organization and functions of Hermandades, but if any were formed under -it at the time they have left no traces of their activity. In 1418 this -law was adopted as the constitution of one which organized itself in -Santiago, but this accomplished little and, in 1421, the guilds and -confraternities of the city united in another for mutual support and -succor.[78] There was, in fact, at this time, at least nominally, a -general Hermandad, probably organized under the statute of Juan I and -possessing written charters and privileges and customs and revenues, -with full jurisdiction to try and condemn offenders. It commanded little -respect, however, for it complained, in 1418, to Juan II of interference -with its revenues and work, in response to which Juan vigorously -prohibited all royal and local judges and officials from impeding the -Hermandades in any manner. The continuity, nominal at least, of this -with subsequent organizations is shown by the confirmation of this -utterance by Juan II in 1423, by Ferdinand and Isabella in 1485, by -Juana la Loca in 1512 and 1518, by Philip II in 1561, by Philip III in -1601 and by Philip IV in 1621.[79] In the increasing disorder of the -times, however, it was impossible, at that period, to maintain the -efficiency of the body. In 1443 an attempt was made to reconstruct it, -but as soon as it endeavored to repress the lawless nobles and laid -siege to Pedro López de Ayala in Salvatierra its forces were cut to -pieces and dispersed by Pedro Fernández de Velasco.[80] Some twenty -years later, in 1465, when the disorders under Henry IV were -culminating, another effort was made. The suffering people organized and -taxed themselves to raise a force of 1800 horsemen to render the roads -safe, and they endeavored to bring the number up to 3000. It was a -popular movement against the nobles and the king hailed it as the work -of God who was lifting up the humble against the great. He empowered -them to administer justice without appeal except to himself, he told -them that they had well earned the name of _Santa Hermandad_ and he -urged them earnestly to go forward in the good work. The attempt had -considerable success for a time, but it soon languished and was -dissolved for lack of the means required to carry it on.[81] Again, in -1473, there was another endeavor to form a Hermandad, but the anarchical -forces were too dominant for its successful organization.[82] - -[Sidenote: _LA SANTA HERMANDAD_] - -As soon as the victory of Toro, in March, 1476, gave promise of settled -government, the idea of reviving the Hermandades occurred to Alfonso de -Quintanilla, Contador Mayor, or Chief Auditor, of Ferdinand and -Isabella. With their approval he broached the subject to leading -citizens of the principal towns in Leon and Old Castile; deputies were -sent to meet at Dueñas and the project was debated. So many obstacles -presented themselves that it would have been abandoned but for an -eloquent argument by Quintanilla. His plan was adopted, but so fearful -were the deputies that the taxes necessary for its maintenance might -become permanent that they limited its duration to three years. Under -the impulse of the sovereigns it rapidly took shape and was organized -with the Duke of Villahermosa, natural brother of Ferdinand, at its -head.[83] No time was lost in extending it throughout the kingdoms, in -spite of resistance on the part of those who regarded with well-founded -apprehension not only its efficiency as a means of coercing malefactors -but as a dangerous development of the royal power. Seville, for -instance, recalcitrated and only yielded to a peremptory command from -Isabella in June, 1477.[84] One of the reasons assigned, in 1507, by -Ferdinand for assenting to the demoralizing arrangement under which the -Archbishop of Compostella resigned his see in favor of his natural son, -was that he had received the royal judges and the Hermandad throughout -his province, in opposition to the will of the nobles and gentry.[85] -When, in 1479, Alonso Carrillo and the Marquis of Villena made a final -attempt to urge the King of Portugal to another invasion of Castile, one -of the arguments advanced was the hatred entertained for Ferdinand and -Isabella in consequence of the taxes levied to support the three -thousand horsemen of the Hermandad.[86] In some provinces the resistance -was obstinate. In 1479 we find Isabella writing to the authorities of -Biscay, expressing surprise at the neglect of the royal orders and -threatening condign punishment for further delay, notwithstanding which -repeated commands were requisite, and it was not till 1488 that the -stubborn Biscayans submitted, while soon afterward complaints came from -Guipuzcoa that the local courts neutralized it by admitting appeals from -its sentences.[87] It was in the same year that Ferdinand obtained from -the Córtes of Saragossa assent to the introduction of the Hermandad in -his kingdom of Aragon, but the Aragonese, always jealous of the royal -power, chafed under it for, in December, 1493, Isabella, writing from -Saragossa, expresses a fear that the Córtes may suppress it, though it -is the only means of enforcing justice there, and in the Córtes of -Monçon, in 1510, Ferdinand was obliged to approve a _fuero_ abolishing -it and forbidding for the future anything of the kind to be -established.[88] In 1490 the independent kingdom of Navarre adopted the -system and co-operated with its neighbors by allowing malefactors to be -followed across the border and extraditing them when caught--even -absconding debtors being thus tracked and surrendered.[89] The -institution thus founded was watched with Isabella's customary care. In -1483 complaints arose of bribery and extortion, when she summoned a -convention at Pinto of representatives from all the provinces, where the -guilty were punished and abuses were reformed.[90] - -The Santa Hermandad thus formed a mounted military police which covered -the whole kingdom, under the Duke of Villahermosa, who appointed the -captains and summoned the force to any point where trouble was -threatened. Each centre of population elected two alcaldes, one a -gentleman and the other a tax-payer or commoner, and levied a tax to -defray the expense of the organization. The alcaldes selected the -_quadrilleros_, or privates, and held courts which dispensed summary -justice to delinquents, bound by no formalities and required to listen -to no legal pleadings. Their decision was final, save an appeal to the -throne; their jurisdiction extended over all crimes of violence and -theft and they could inflict stripes, mutilation, or death by shooting -with arrows. The quadrillero in pursuit of an offender was required to -follow him for five leagues, raising the hue and cry as he went, and -joined by those of the country through which he passed, who kept up the -hunt until the fugitive was either caught or driven beyond the -frontier.[91] - -[Sidenote: _LA SANTA HERMANDAD_] - -Great as were the services of the Hermandad in repressing the turbulence -of the nobles and rendering the roads safe, its cost was a source of -complaint to the communities which defrayed it. This was by no means -small; in 1485 it was computed at 32,000,000 maravedís and subsequently -it increased greatly; it was met by a tax of 18,000 maravedís on every -hundred hearths and the money was not handled by the communities but was -paid to the crown.[92] Nominally the organization was in their hands, -but virtually it was controlled by the sovereigns, and when, in 1498, -Ferdinand and Isabella, with an appearance of generosity, relieved the -taxpayers and assumed to meet the expenses from the royal revenues, -although they left the election of the alcaldes and quadrilleros in the -hands of the local populations, yet the result was inevitable in -subjecting it still more closely to the crown.[93] The institution -became permanent, and its modern development is seen in the _guarda -civil_. None of the reforms of Ferdinand and Isabella was so efficient -in restoring order and none did more to centralize power. It was not -only a rudimentary standing army which could be concentrated speedily to -suppress disorder, but it carried the royal jurisdiction into every -corner of the land and made the royal authority supreme everywhere. It -was practically an alliance between the crown and the people against the -centrifugal forces of feudalism, without which even the policy of -Ferdinand and the iron firmness of Ximenes might have failed to win in -the final struggle. When municipal independence likewise perished in the -defeat of the Comunidades, the only power left standing in Spain was -that of the throne, which thus became absolute and all-pervading. The -new absolutism was embodied in the self-effacing declaration of the -Córtes of Valladolid, in 1523, to Charles V, that the laws and customs -were subject to the king, who could make and revoke them at his -pleasure, for he was the living law.[94] How immense was the revolution -and how speedily accomplished is seen in the contrast between the time -when the Count of Benavente jeered at a royal safe-conduct and the -people of Galicia scarce dared to receive a royal commissioner, and some -sixty years later when, in the unruly Basque provinces, the people of -San Sebastian, in 1536, appealed to the Emperor Charles V to relieve -them from local nuisances, and royal letters were gravely issued -forbidding the butchers of that town from erecting new stalls or -skinning cattle in the streets and restricting the latter operation to -places duly assigned for the purpose.[95] Thus the crown had become -absolute and its interposition could be invoked for the minutest details -of local government. He reads history to little purpose who imagines -that this was the work of the Inquisition. - -Another measure of no little importance in establishing the royal -supremacy was the virtual incorporation in the crown of the masterships -of the three great military Orders of Santiago, of Calatrava and of -Alcántara. Under Henry IV a Master of Santiago had been able to keep the -whole kingdom in confusion, and the wealth and power of the others, -although not so great, were sufficient to render their chiefs the equals -of the highest nobles. From Innocent VIII, in 1489, Ferdinand procured a -brief granting him for life the administration of all three; and in her -will Isabella bequeathed to him an annual income of ten millions of -maravedís from their revenues.[96] As Ferdinand's death drew near, the -Orders endeavored to be released from subjection, claiming that they -could be governed only by their own members, but prudent care secured in -time from Leo X the succession in the masterships to Charles V, who, -after Leo's death, made haste to obtain from Adrian VI a bull which -annexed them in perpetuity to the crown.[97] - - * * * * * - -It was impossible that a king so far-seeing and politic as Ferdinand and -a queen so pious as Isabella, when reducing to order the chaos which -they found in Castile, should neglect the interest of the faith on -which, according to medieval belief, all social order was based. There -were in fact burning religious questions which, to sensitive piety, -might seem even more urgent than protection to life and property. To -comprehend the intricacy of the situation will require a somewhat -extended retrospect into the relations between the several races -occupying the Peninsula. - - - - -CHAPTER II. - -THE JEWS AND THE MOORS. - - -The influences under which human character can be modified, for good or -for evil, are abundantly illustrated in the conversion of the Spaniards -from the most tolerant to the most intolerant nation in Europe. -Apologists may seek to attribute the hatred felt for Jews and Moors and -heretics, in the Spain of the fifteenth and succeeding centuries, to an -inborn peculiarity of the race--a _cosa de España_ which must be -accepted as a fact and requires no explanation,[98] but such facts have -their explanation, and it is the business of the expositor of history to -trace them to their causes. - - * * * * * - -The vicissitudes endured by the Jewish race, from the period when -Christianity became dominant, may well be a subject of pride to the -Hebrew and of shame to the Christian. The annals of mankind afford no -more brilliant instance of steadfastness under adversity, of -unconquerable strength through centuries of hopeless oppression, of -inexhaustible elasticity in recuperating from apparent destruction, and -of conscientious adherence to a faith whose only portion in this life -was contempt and suffering. Nor does the long record of human perversity -present a more damning illustration of the facility with which the evil -passions of man can justify themselves with the pretext of duty, than -the manner in which the Church, assuming to represent Him who died to -redeem mankind, deliberately planted the seeds of intolerance and -persecution and assiduously cultivated the harvest for nearly fifteen -hundred years. It was in vain that Jesus on the cross had said "Father, -forgive them, for they know not what they do"; it was in vain that St. -Peter was recorded as urging, in excuse for the Crucifixion, "And now, -brethren, I wot that through ignorance ye did it, as did also your -rulers"; the Church taught that, short of murder, no punishment, no -suffering, no obloquy was too severe for the descendants of those who -had refused to recognize the Messiah, and had treated him as a rebel -against human and divine authority. Under the canon law the Jew was a -being who had scarce the right to existence and could only enjoy it -under conditions of virtual slavery. As recently as 1581, Gregory XIII -declared that the guilt of the race in rejecting and crucifying Christ -only grows deeper with successive generations, entailing on its members -perpetual servitude, and this authoritative assertion was embodied in an -appendix to the Corpus Juris.[99] When Paramo, about the same period, -sought to justify the expulsion of the Jews from Spain in 1492, he had -no difficulty in citing canons to prove that Ferdinand and Isabella -could righteously have seized all their property and have sold their -bodies into slavery.[100] Man is ready enough to oppress and despoil his -fellows and, when taught by his religious guides that justice and -humanity are a sin against God, spoliation and oppression become the -easiest of duties. It is not too much to say that for the infinite -wrongs committed on the Jews during the Middle Ages, and for the -prejudices that are even yet rife in many quarters, the Church is mainly -if not wholly responsible. It is true that occasionally she lifted her -voice in mild remonstrance when some massacre occurred more atrocious -than usual, but these massacres were the direct outcome of the hatred -and contempt which she so zealously inculcated, and she never took steps -by punishment to prevent their repetition. Alonso de Espina merely -repeats the currently received orthodox ethics of the subject when he -tells us that to oppress the Jew is true kindness and piety, for when he -finds that his impiety brings suffering he will be led to the fear of -God and that he who makes another do right is greater in the sight of -God than he who does right himself.[101] - -[Sidenote: _DEVELOPMENT OF INTOLERANCE_] - -In view of Spanish abhorrence of Jews and Saracens during the last five -or six centuries it is a fact worthy of note that the Spanish nations of -the medieval period were the latest to yield to this impulsion of the -Church. The explanation of this lies partly in the relations between the -several races in the Peninsula and partly in the independent attitude -which Spain maintained towards the Holy See and its indisposition to -submit to the dictation of the Church. To appreciate fully the -transformation which culminated in the establishment of the Inquisition, -and to understand the causes leading to it, will require a brief review -of the position occupied by the Jew and the Saracen towards the Church -and the State. - - * * * * * - -[Sidenote: _PROGRESSIVE INTOLERANCE_] - -In the primitive Church there would seem to have been a feeling of -equality, if not of cordiality, between Christian and Jew. When it was -deemed necessary, in the Apostolic canons, to forbid bishops and priests -and deacons, as well as laymen, from fasting or celebrating feasts with -Jews, or partaking of their unleavened bread, or giving oil to their -synagogues, or lighting their lamps, this argues that kindly intercourse -between them was only to be restricted in so far as it might lead to -religious fellowship.[102] This kindly intercourse continued but, as the -Church became mostly Gentile in its membership, the prejudices existing -against the Jew in the Gentile world gathered strength until there -becomes manifest a tendency to treat him as an outcast. Early in the -fourth century the council of Elvira, held under the lead of the -uncompromising Hosius of Córdova, forbade marriage between Christians -and Jews, because there could be no society common to the faithful and -the infidel; no farmer was to have his harvest blest by a Jew, nor was -any one even to eat with him.[103] St. Augustin was not quite so rigid, -for while he held it lawful to dissolve marriage between the Christian -and the infidel, he argued that it was inexpedient.[104][105] St. -Ambrose was one of the earliest to teach proscription when he reproved -Theodosius the Great for the favor shown by him to Jews, who slew Christ -and who deny God in denying his Son, and St. John Chrysostom improved on -this by publicly preaching that Christians should hold no intercourse -with Jews, whose souls were the habitations of demons and whose -synagogues were their playgrounds.[106] The antagonism thus stimulated -found its natural expression, in 415, in the turbulent city of -Alexandria, where quarrels arose resulting in the shedding of Christian -blood, when St. Cyril took advantage of the excitement by leading a mob -to the synagogues, of which he took possession, and then abandoned the -property of the Jews to pillage and expelled them from the city, which -they had inhabited since its foundation by Alexander.[107] That under -such impulsion these excesses were common is shown by the frequent -repetition of imperial edicts forbidding the maltreatment of Jews and -the spoiling and burning of their synagogues; they were not allowed to -erect new ones but were to be maintained in possession of those -existing. At the same time the commencement of legal disabilities is -manifested in the reiterated prohibitions of the holding of Christian -slaves by Jews, while confiscation and perpetual exile or death were -threatened against Jews who should convert or circumcise Christians or -marry Christian wives.[108] The Church held it to be a burning disgrace -that a Jew should occupy a position of authority over Christians; in 438 -it procured from Theodosius II the enactment of this as a fixed -principle, and we shall see how earnestly it labored to render this a -part of the public law of Christendom.[109] This spirit received a check -from the Arianism of the Gothic conquerors of the Western Empire. -Theodoric ordered the privileges of the Jews to be strictly preserved, -among which was the important one that all quarrels between themselves -should be settled by their own judges, and he sternly repressed all -persecution. When a mob in Rome burned a synagogue he commanded the -punishment of the perpetrators in terms of severe displeasure; when -attempts were made to invade the right of the Jews of Genoa he -intervened effectually, and when in Milan the clergy endeavored to -obtain possession of the synagogue he peremptorily forbade it.[110] So -long as the Wisigoths remained Arian this spirit prevailed throughout -their extensive dominions, although the orthodox were allowed to indulge -their growing uncharitableness. When the council of Agde, in 506, -forbade the faithful to banquet or even to eat with Jews it shows that -social intercourse still existed but that it was condemned by those who -ruled the Church.[111] In the East the same tendency had freer -opportunity of expressing itself in legislation, as when, in 706, the -council of Constantinople forbade Christians to live with Jews or to -bathe with them, to eat their unleavened bread, to consult them as -physicians or to take their medicines.[112] - -Gregory the Great was too large-minded to approve of this growing spirit -of intolerance and, when some zealots in Naples attempted to prevent the -Jews from celebrating their feasts, he intervened with a peremptory -prohibition of such interference, arguing that it would not conduce to -their conversion and that they should be led by kindness and not by -force to embrace the faith, all of which was embodied in the canon law -to become conspicuous through its non-observance.[113] In fact, his -repeated enunciation of the precept shows how little it was regarded -even in his own time.[114] When, moreover, large numbers of Jews were -compelled to submit to baptism in southern Gaul he wrote reprovingly to -the Bishops Virgil of Arles and Theodore of Marseilles, but this did not -prevent St. Avitus of Clermont, about the same time, from baptizing -about five hundred, who thus saved their lives from the fanatic fury of -the populace.[115] - -These forced conversions in Gothia were the first fruits of the change -of religion of the Wisigoths from Arianism to Catholicism. The -Ostrogoths, Theodoric and Theodatus, had expressly declared that they -could not interfere with the religion of their subjects, for no one can -be forced unwillingly to believe.[116] The Wisigoths, who dominated -southern Gaul and Spain, when adapting the Roman law to suit their -needs, had contented themselves with punishing by confiscation the -Christian who turned Jew, with liberating Christian slaves held by Jews, -and with inflicting the death penalty on Jewish masters who should force -Christian slaves to conversion, besides preserving the law of Theodosius -II prohibiting Jews from holding office or building new synagogues.[117] -This was by no means full toleration, but it was merciful in comparison -with what followed the conversion of the Goths to Catholicism. The -change commenced promptly, though it did not at once reach its full -severity. The third council of Toledo, held in May, 589, to condemn the -Arian heresy and to settle the details of the conversion, adopted canons -which show how free had hitherto been the intercourse between the races. -Jews were forbidden to have Christian wives or concubines or servants, -and all children sprung from such unions were to be baptized; any -Christian slave circumcised or polluted with Jewish rites was to be set -free; no Jew was to hold an office in which he could inflict punishment -on a Christian, and this action was followed by some further -disabilities decreed by the council of Narbonne in December of the same -year.[118] That freedom of discussion continued for some time is -manifested by the audacity of a Jew named Froganis, not long afterwards, -who, as we are told, in the presence of all the nobles of the court, -exalted the synagogue and depreciated the Church; it was easier perhaps -to close his mouth than to confute him, for Aurasius, Bishop of Toledo, -excommunicated him and declared him anathematized by the Father, Son and -Holy Ghost and by all the celestial hierarchy and cohorts.[119] - -[Sidenote: _THE JEWS UNDER THE WISIGOTHS_] - -The greatest churchman of the day, St. Isidor of Seville, whose career -of forty years commenced with the Catholic revolution, did what in him -lay to stimulate and justify persecution. His treatise against the Jews -is not vituperative, as are so many later controversial writings, but he -proves that they are condemned for their fathers' sins to dispersion and -oppression until, at the end of the world, their eyes are to be opened -and they are to believe.[120] That he should have felt called upon to -compose such a work was an evil sign, and still more evil were the -conclusions which he taught. They could not fail of deplorable results, -as was seen when Sisebut ascended the throne in 612 and signalized the -commencement of his reign by a forcible conversion of all the Jews of -the kingdom. What means he adopted we are not told, but of course they -were violent, which St. Isidor mildly reproves, seeing that conversion -ought to be sincere, but which yet he holds to be strictly within the -competence of the Church.[121] The Church in fact was thus brought face -to face with the question whether the forcible propagation of the faith -is lawful. This is so repugnant to the teachings of Christ that it could -scarce be accepted, but, on the other hand, the sacrament of baptism is -indelible, so the convenient doctrine was adopted and became the settled -policy that, while Christianity was not to be spread by force, unwilling -converts were nevertheless Christians; they were not to be permitted to -apostatize and were subject to all the pains and penalties of heresy for -any secret inclination to their own religion.[122] This fruitful -conception led to infinite misery, as we shall see hereafter, and was -the impelling motive which created the Spanish Inquisition. - -Whatever may have been the extent and the success of Sisebut's measures, -the Jews soon afterwards reappear, and they and the _conversos_ became -the subject of an unintermittent series of ecclesiastical and secular -legislation which shows that the policy so unfortunately adopted could -only have attained its end by virtual extermination. The anvil bade fair -to wear out the hammer--the constancy of the persecuted exhausted the -ingenuity of the persecutor. With the conversion to Catholicism -ecclesiastics became dominant throughout the Wisigothic territories and -to their influence is attributable the varied series of measures which -occupied the attention of the successive councils of Toledo from 633 -until the Saracenic invasion in 711. Every expedient was tried--the -seizure of all Jewish children, to be shut up in monasteries or to be -given to God-fearing Christians; the alternative of expulsion or -conversion, to the enforcement of which all kings at their accession -were to take a solemn oath; the gentle persuasives of shaving, -scourging, confiscation and exile. That the people at large did not -share in the intolerance of their rulers is seen in the prohibitions of -social intercourse, mixed marriages, and the holding of office. The -spectre of proselytism was evoked in justification of these measures as -though the persecuted Jew would seek to incur its dangers even had not -the Talmud declared that "a proselyte is as damaging to Israel as an -ulcer to a healthy body." The enforced conversions thus obtained were -regarded naturally with suspicion and the converts were the subjects of -perpetual animadversion.[123] - -[Sidenote: _THE JEWS UNDER THE WISIGOTHS_] - -Thus the Church had triumphed and the toleration of the Arian Goths had -been converted into persecuting orthodoxy. History repeats itself and, -eight hundred years later, we shall see the same process with the same -results. Toleration was changed into persecution; conversions obtained -by force, or by its equivalent, irresistible pressure, were recognized -as fictitious, and the unfortunate converts were held guilty of the -unpardonable crime of apostasy. Although the Goths did not invent the -Inquisition, they came as near to it as the rudeness of the age and the -looseness of their tottering political organization would permit, by -endeavoring to create through the priesthood a network of supervision -which should attain the same results. The Inquisition was prefigured and -anticipated. - -As apparently the Jews could not be exterminated or the Conversos be -trained into willing Christians, the two classes naturally added an -element of discontent to the already unquiet and motley population -consisting of superimposed layers of Goths, Romans and Celtiberians. The -Jews doubtless aided the Gallo-Roman rebellion of Flavius Paulus about -675, for St. Julian of Toledo, in describing its suppression by King -Wamba, denounces Gaul in the bitterest terms, ending with the crowning -reproach that it is a refuge for the blasphemy of the Jews, whom Wamba -banished after his triumph.[124] In spite of the unremitting efforts for -their destruction, they still remained a source of danger to the State. -At the council of Toledo in 694, King Egiza appealed to his prelates to -devise some means by which Judaism should be wiped out, or all Jews be -subjected to the sword of justice and their property be appropriated, -for all efforts to convert them had proved futile and there was danger -that, in conjunction with their brethren in other lands, they would -overthrow Christianity. In its response the council alludes to a -conspiracy by which the Jews had endeavored to occupy the throne and -bring about the ruin of the land, and it decrees that all Jews, with -their wives, children and posterity, shall be reduced to perpetual -servitude, while their property is declared confiscated to the king. -They are to be transferred from their present abodes and be given to -such persons as the king may designate, who shall hold them as slaves so -long as they persevere in their faith, taking from them their children -as they reach the age of seven and marrying them only to Christians. -Such of their Christian slaves as the king may select shall receive a -portion of the confiscated property and continue to pay the taxes -hitherto levied on the Jews.[125] - -Doubtless this inhuman measure led to indiscriminate plunder and -infinite misery, but its object was not accomplished. The Jews remained, -and when came the catastrophe of the Saracen conquest they were ready -enough to welcome the Berber invaders. That they were still in Spain is -attributed to Witiza, who reigned from 700 to 710 and who is said to -have recalled them and favored them with privileges greater than those -of the Church, but Witiza, though a favorite target for the abuse of -later annalists, was an excellent prince and the best contemporary -authority says nothing of his favoring the Jews.[126] - -[Sidenote: _THE MOZÁRABES_] - -If the Jews helped the Moslem, as we may readily believe, both from the -probabilities of the case and the testimony of Spanish and Arab -writers,[127] they did no more than a large portion of the Christians. -To the mass of the population the Goths were merely barbarous masters, -whose yoke they were ready to exchange for that of the Moors, nor were -the Goths themselves united. At the decisive battle of Xeres de la -Frontera, Don Roderic's right and left wings were commanded by Sisebert -and Oppas, the dethroned sons of Witiza, who fled without striking a -blow, for the purpose of causing his defeat. The land was occupied by -the Moors with little resistance, and on terms easy to the conquered. It -is true that, where resistance was made, the higher classes were reduced -to slavery, the lands were divided among the soldiery and one-fifth was -reserved to the State, on which peasants were settled subject to an -impost of one-third of the product, but submission was general under -capitulations which secured to the inhabitants the possession of their -property, subject to the impost of a third, and allowed them the -enjoyment of their laws and religion under native counts and bishops. In -spite of this liberality, vast numbers embraced Mohammedanism, partly -to avoid taxation and partly through conviction that the marvellous -success of the Moslem cause was a proof of its righteousness.[128] - -The hardy resolution of the few who preferred exile and independence, -and who found refuge in the mountains of Galicia and Asturias preserved -the Peninsula from total subjection to Islam. During the long struggle -of the Reconquest, the social and religious condition of Spain was -strangely anomalous, presenting a mixture of races and faiths whose -relations, however antagonistic they might be in principle, were, for -the most part, dominated by temporal interests exclusively. Mutual -attrition, so far from inflaming prejudices, led to mutual toleration, -so that fanaticism became reduced to a minimum precisely in that corner -of Christendom where _a priori_ reasoners have been tempted to regard it -as especially violent. - -The Saracens long maintained the policy adopted in the conquest and made -no attempt to convert their Christian subjects, just as in the Levantine -provinces the Christians, although oppressed, were allowed to retain -their religion, and in Persia, after the fall of the Sassanids, Parsism -continued to exist for centuries and only died out gradually.[129] In -fact, the condition of the Mozárabes, or subject Christians, under the -caliphs of Córdova was, for the most part, preferable to what it had -been under the Gothic kings. Mozárabes were frequently in command of the -Moslem armies; they formed the royal body-guard and were employed as -secretaries in the highest offices of state. In time they so completely -lost the Latin tongue that it became necessary to translate the -scripture and the canons into Arabic.[130] The Church organization was -maintained, with its hierarchy of prelates, who at times assembled in -councils; there was sufficient intellectual activity for occasional -heresies to spring up and be condemned, like those of Hostegesis and -Migetio in the ninth century, while, half a century earlier, the bull of -Adrian I, addressed to the orthodox bishops of Spain and denouncing the -Adoptianism of Felix of Urgel, which was upheld by Elipandus, Archbishop -of Toledo, shows the freedom of intercourse existing between the -Mozárabes and the rest of Christendom.[131] We hear of S. Eulogio of -Córdova, whose two brothers, Alvar and Isidor, had left Spain and taken -service with the Emperor Louis le Germanique; he set out in 850 to join -them, but was stopped at Pampeluna by war and returned by way of -Saragossa, bringing with him a number of books, including Virgil, -Horace, Juvenal, Porphyry, the epigrams of Aldhelm and the fables of -Avienus.[132] Mixed marriages seem not to have been uncommon and there -were frequent instances of conversion from either faith, but Mozárabic -zealots abused the Moslem tolerance by publicly decrying Islam and -making proselytes, which was forbidden, and a sharp persecution arose -under Abderrhaman II and Mahomet I, in which there were a number of -victims, including San Eulogio, who was martyred in 859.[133] - -[Sidenote: _THE MOZÁRABES_] - -This persecution gave rise to an incident which illustrates the friendly -intercourse between Christian and Saracen. In 858, Hilduin, Abbot of S. -Germain-des-Prés, under the auspices of Charles le Chauve, sent two -monks to Spain to procure the relics of St. Vincent. On reaching -Languedoc they learned that his body had been carried to Benevento, but -they also heard of the persecution at Córdova and were delighted, -knowing that there must be plenty of relics to be obtained. They -therefore kept on to Barcelona, where Sunifred, the next in command to -the count, commended them to Abdulivar, Prince of Saragossa, with whom -he had intimate relations. From Saragossa they reached Córdova, where -the Mozárabic Bishop Saul received them kindly and assisted them in -obtaining the bodies of St. George and St. Aurelius, except that, as the -head of the latter was lacking, that of St. Natalia was substituted. -With these precious spoils they returned in safety to Paris, by way of -Toledo, Alcalá, Saragossa and Barcelona, to the immense gratification, -we are told, of King Charles.[134] The persecution was but temporary -and, a century later, in 956, we hear of Abderrhaman III sending -Recemund, Bishop of Elvira (Granada), as his ambassador to Otho the -Great at Frankfort, where he persuaded Liutprand of Cremona to write one -of his historical works.[135] When the Cid conquered Valencia, in 1096, -one of the conditions of surrender was that the garrison should be -composed of Mozárabes, and the capitulation was signed by the principal -Christian as well as Moslem citizens.[136] - -The number of the Mozárabes of course diminished rapidly in the progress -of reconquest as the Christian territories expanded from Galicia to Leon -and Castile. Early in the twelfth century Alfonso VI, in reducing to -order his extensive acquisitions, experienced much trouble with them; -they are described as being worse than Moors, and he settled the matter -by the decisive expedient of deporting multitudes of them to -Africa.[137] The rapid progress of his arms, however, had so alarmed the -petty kings among whom Andalusia was divided that they had, about 1090, -invited to their assistance the Berbers known as Almoravides, who drove -back Alfonso on the bloody field of Zalaca. Their leader, Jusuf ibn -Techufin, was not content to fight for the benefit of his allies; he -speedily overthrew their feeble dynasties and established himself as -supreme in Moslem Spain. The Almoravides were savage and fanatical; they -could not endure the sight of Christians enjoying freedom of worship, -and bitter persecution speedily followed, until, in 1125, the Mozárabes -invited the aid of Alfonso el Batallador. They sent a roll of their best -warriors, comprising twelve thousand names, and promised that these and -many more would join him. He came and spent fifteen months on Moorish -territory, but made no permanent conquests, and on his departure the -wretched Christians begged him to let them accompany him to escape the -wrath of the Almoravides. Ten thousand of them did so, while of those -who remained large numbers were deported to Africa, where they mostly -perished.[138] The miserable remnant had a breathing spell, for the -atmosphere of Spain seemed unpropitious to fanaticism and the ferocity -of the Berbers speedily softened. We soon find them fraternizing with -Christians. King Ali of Córdova treated the latter well and even -entrusted to a captive noble of Barcelona named Reverter the command of -his armies. His son Techufin followed his example and was regarded as -the especial friend of the Christians, who aided him in his African -wars.[139] Yet this interval of rest was short. In 1146, another Berber -horde, known as Almohades, overthrew the Almoravides and brought a fresh -accession of savage ferocity from the African deserts. Their caliph, -Abd-al-mumin, proclaimed that he would suffer none but true believers in -his dominions; the alternatives offered were death, conversion or -expatriation. Many underwent pretended conversion, others went into -voluntary exile, and others were deported to Africa, after which the -Mozárabes disappear from view.[140] - -[Sidenote: _THE MULADÍES_] - -Yet it was as impossible for the Almohades to retain their fanaticism as -it had proved for their predecessors. When, in 1228, on the deposition -of the Almohad Miramamolin Al-Abdel, his nephew Yahia was raised to the -throne, his brother Al-Memon-Abo-l-Ola, who was in Spain, claimed the -succession. To obtain the assistance of San Fernando III, who lent him -twelve thousand Christian troops, he agreed to surrender ten frontier -strongholds, to permit the erection of a Christian church in Morocco, -where the Christians should celebrate publicly with ringing of bells, -and to allow freedom of conversion from Islam to Christianity, with -prohibition of the converse. This led to the foundation of an episcopate -of Morocco, of which the first bishop was Fray Aguelo, succeeded by Fray -Lope, both Franciscans.[141] Co-operation of this kind with the -Christians meets us at every step in the annals of the Spanish Saracens. -Aben-al-Ahmar, who founded the last dynasty of Granada, agreed to become -a vassal of San Fernando III, to pay him a tribute of 150,000 doblas per -annum, to furnish a certain number of troops whenever called upon, and -to appear in the Córtes when summoned, like any other ricohome. He aided -Fernando greatly in the capture of Seville, and, in the solemnities -which followed the entry into the city, Fernando bestowed knighthood on -him and granted him the bearing of the Castilian guidon--gules, a band -or, with two serpents, and two crowned lions as supporters--a cognizance -still to be seen in the Alhambra.[142] - - * * * * * - -The _Muladíes_, or Christian converts to Islam, formed another important -portion of the Moorish community. At the conquest, as we have seen, -large numbers of Christians apostatized, slaves to obtain freedom and -freemen to escape taxation. They were looked upon, however, with -suspicion by Arabs and Berbers and were subjected to disabilities which -led to frequent rebellions and murderous reprisals. On the suppression -of a rising in Córdova, in 814, fifteen thousand of them emigrated to -Egypt, where they captured Alexandria and held it until 826, when they -were forced to capitulate and transferred their arms to Candia, founding -a dynasty which lasted for a century and a half. Eight thousand of them -established themselves in Fez, where they held their own and even in the -fourteenth century were distinguishable from the other Moslems. In -Toledo, after several unsuccessful rebellions, the Muladíes became -dominant in 853 and remained independent for eighty years. Together with -the Mozárabes they almost succeeded in founding a kingdom of their own -in the mountains of Ronda, under Omar ben Hafsun, who embraced -Christianity. Indeed, the facility of conversion from one faith to -another was a marked feature of the period and shows how little firmness -of religious conviction existed. The renegade, Ibn Meruan, who founded -an independent state in Merida, taught a mixed faith compounded of both -the great religions. Everywhere the Muladíes were striving for freedom -and establishing petty principalities--in Algarbe, in Priego, in Murcia, -and especially in Aragon, where the Gothic family of the Beni-Cassi -became supreme. After the reduction of Toledo by starvation, in 930, -they become less prominent and gradually merge into the Moslem -population.[143] This was assisted by the fact that they made common -cause with their conquerors against the fanatic Almoravides and -Almohades. The leader of the Andalusians against the latter was a man of -Christian descent, Ibn-Mardanich, King of Valencia and Murcia. He wore -Christian dress and arms, his language was Castilian and his troops were -mostly Castilians, Navarrese and Catalans. To the Christians he was -commonly known as the king Don Lope. Religious differences, in fact, -were of much less importance than political aims, and everywhere, as we -shall see, Christian and Moslem were intermingled in the interminable -civil broils of that tumultuous time. In an attempt on Granada, in 1162, -the principal captains of Ibn-Mardanich were two sons of the Count of -Urgel and a grandson of Alvar Fañez, the favorite lieutenant of the -Cid.[144] - - * * * * * - -[Sidenote: _THE JEWS UNDER THE SARACENS_] - -In these alternations of religious indifference and fanaticism, the -position of the Jews under Moslem domination was necessarily exposed to -severe vicissitudes. Their skill as physicians and their unrivalled -talent in administration rendered them a necessity to the conquerors, -whose favor they had gained by the assistance rendered in the invasion, -but ever and anon there would come a burst of intolerance which swept -them into obscurity if not into massacre. When Mahomet I ascended the -throne of Córdova, about 850, we are told that one of his first acts was -the dismissal of all Jewish officials, including presumably R. Hasdai -ben Ishak, who had been physician and vizier to his father, Abderrhaman -II.[145] A century later their wealth was so great that when the Jew -Peliag went to the country palace of Alhakem, the Caliph of Córdova, it -is related that he was accompanied by a retinue of seven hundred -retainers of his race, all richly clad and riding in carriages.[146] How -insecure was their prosperity was proved, in 1066, when Samuel ha Levi -and his son Joseph had been viziers and virtual rulers of Granada for -fifty years. The latter chanced to exile Abu Ishac of Elvira, a noted -theologian and poet, who took revenge in a bitter satire which had -immense popular success. "The Jews reign in Granada; they have divided -between them the city and the provinces, and everywhere one of this -accursed race is in supreme power. They collect the taxes, they dress -magnificently and fare sumptuously, while the true believers are in rags -and wretchedness. The chief of these asses is a fatted ram. Slay him and -his kindred and allies and seize their immense treasures. They have -broken the compact between us and are subject to punishment as -perjurers." We shall see hereafter how ready was the Christian mob to -respond to such appeals; the Moslem was no better; a rising took place -in which Joseph was assassinated in the royal palace, while four -thousand Jews were massacred and their property pillaged.[147] Again -they recuperated themselves, but they suffered with the Christians under -the fierce fanaticism of the Almohades. Indeed, they were exposed to a -fiercer outburst of wrath, for the robbery of the jewels of the Kaaba, -which occurred about 1160, was attributed to Spanish Jews, and -Abd-el-mumin was unsparing in enforcing his orders of conversion. -Numbers were put to death and forty-eight synagogues were burnt. The -Sephardim, or Spanish Jews, lost their most conspicuous doctor when, in -this persecution, Maimonides fled to Egypt.[148] Still they continued to -exist and to prosper, though exposed to destruction at any moment -through the whims of the monarch or the passions of the people. Thus, in -1375, in Granada, two men obstructed a street in a violent altercation -and were vainly adjured to cease in the name of Mahomet, when Isaac -Amoni, the royal physician, who chanced to pass in his carriage, -repeated the order and was obeyed. That a Jew should possess more -influence than the name of the Prophet was unendurable; the people rose -and a massacre ensued.[149] - - * * * * * - -[Sidenote: _SPANIARDS AND MOORS_] - -While Saracen Spain was thus a confused medley of races and faiths, -subject to no guiding principle and swayed by the policy or the -prejudices of the moment, the Christian kingdoms were much the same, -except that, during the early Middle Ages, outbursts of fanaticism were -lacking. Brave warriors learned to respect each other, and, as usual, it -was the non-combatants, Christian priests and Moslem faquis, who -retained their virulence. In the fierce struggles of the Reconquest -there is little trace of race or religious hatred. The early ballads -show the Moors regarded as gallant antagonists, against whom there was -no greater animosity than was aroused in the civil strife which filled -the intervals of Moorish warfare.[150] When, in 1149, Ramon Berenger IV -of Barcelona, after a laborious siege, captured the long-coveted town of -Lérida, the terms of surrender assumed the form of a peaceful agreement -by which the Moorish Alcaide Avifelet became the vassal of Ramon -Berenger and they mutually pledged each other fidelity. Avifelet gave up -all his castles, retained certain rights in the territory and Ramon -Berenger promised him fiefs in Barcelona and Gerona.[151] More than -this, the ceaseless civil wars on both sides of the boundary caused each -to have constant recourse to those of hostile faith for aid or shelter, -and the relations which grew up, although transitory and shifting, -became so intricate that little difference between Christian and Moor -could often be recognized by statesmen. Thus mutual toleration could not -fail to establish itself, to the scandal of crusaders, who came to help -the one side, and of the hordes of fresh fanatics who poured over from -Africa to assist the other. - -This constant intermingling of Spaniard and Moor meets us at every step -in Spanish history. Perhaps it would be too much to say, with Dozy, that -"a Spanish knight of the Middle Ages fought neither for his country nor -for his religion; he fought, like the Cid, to get something to eat, -whether under a Christian or a Mussulman prince" and "the Cid himself -was rather a Mussulman than a Catholic,"[152] though Philip II -endeavored to have him canonized--but there can be no question that -religious zeal had little to do with the Reconquest. In the adventurous -career of the Cid, Christians and Moslems are seen mingled in both -contending armies, and it is for the most part impossible to detect in -the struggle any interest either of race or religion.[153] This had long -been customary. Towards the end of the ninth century, Bermudo, brother -of Alfonso III, for seven years held Astorga with the aid of the Moors, -to whom he fled for refuge when finally dislodged. About 940 we find a -King Aboiahia, a vassal of Abderrhaman of Córdova, transferring -allegiance to Ramiro II and then returning to his former lord, and some -fifteen years later, when Sancho I was ejected by a conspiracy, he took -refuge with Abderrhaman, by whose aid he regained his kingdom, the -usurper Ordoño, in turn flying to Córdova, where he was hospitably -received.[154] About 990 Bermudo II gave his sister to wife to the -Moorish King of Toledo, resulting in an unexpected miracle. In the -terrible invasion of Almanzor, in 997, which threatened destruction to -the Christians, we are told that he was accompanied by numerous exiled -Christian nobles. Alfonso VI of Castile, when overcome by his brother, -Sancho II, sought asylum, until the death of the latter, in Toledo--a -hospitality which he subsequently repaid by conquering the city and -kingdom.[155] His court was semi-oriental; during his exile he had -become familiar with Arabic; in his prosperity he gathered around him -Saracen poets and sages, and among his numerous successive wives was -Zaida, daughter of Al-Mutamid, King of Seville. His contemporary, Sancho -I of Aragon, was equally given to Moslem culture and habitually signed -his name with Arabic characters.[156] - -[Sidenote: _ALLIANCES WITH MOORS_] - -The co-operation of Christian and Moor continued to the last. In 1270, -when Alfonso X had rendered himself unpopular by releasing Portugal from -vassalage to Leon, his brother, the Infante Felipe and a number of the -more powerful ricosomes conspired against him. Their first thought was -to obtain an alliance with Abu Jusuf, King of Morocco, who gladly -promised them assistance. The prelates of Castile fanned the flame, -hoping in the confusion to gain enlarged privileges. Felipe and his -confederates renounced allegiance to Alfonso, in accordance with the -fuero, and betook themselves to Granada, committing frightful -devastations by the way. Everything promised a disastrous war with the -Moors of both sides of the straits, when, through the intervention of -Queen Violante, concessions were made to the rebellious nobles and peace -was restored.[157] So when, in 1282, Sancho IV revolted against his -father and was supported by all the cities except Seville and by all the -ricosomes save the Master of Calatrava, and was recognized by the Kings -of Granada, Portugal, Aragon and Navarre, Alfonso X in his destitution -sent his crown to Abu Jusuf and asked for a loan on it as a pledge. The -chivalrous Moslem at once sent him 60,000 doblas and followed this by -coming with a large force of horse and foot, whereupon Sancho entered -into alliance with Granada and a war ensued with Christians and Moors on -both sides, till the death of Alfonso settled the question of the -succession.[158] In 1324, Don Juan Manuel was Adelantado de la Frontera; -conceiving some cause of quarrel with his cousin, Alfonso XI, he at once -entered into an alliance with Granada, then at war with Castile, and in -1333 his turbulence rendered Alfonso unable to prevent the capture of -Gibraltar or to recover it when he made the attempt.[159] Pedro the -Cruel, in 1366 and again in 1368, had Moorish troops to aid him in his -struggles with Henry of Trastamara. In the latter year the King of -Granada came to his aid with a force of 87,000 men, and, in the final -battle at Montiel, Pedro had 1500 Moorish horsemen in his army.[160] One -of the complaints formulated against Henry IV, in 1464, was that he was -accompanied by a force of Moors who committed outrages upon -Christians.[161] - -It was the same in Aragon. No knight of the cross earned a more -brilliant reputation for exploits against the infidel than Jaime I, who -acquired by them his title of el _Conquistador_, yet when, in 1260, he -gave his nobles permission to serve in a crusade under Alfonso X, he -excepted the King of Tunis, and on Alfonso's remonstrating with him he -explained that this was because of the love which the King of Tunis bore -him and of the truce existing between them and of the number of his -subjects who were in Tunis with much property, all of whom would be -imperilled.[162] On the accession of Jaime II, in 1291, envoys came to -him from the Kings of Granada and Tremecen to renew the treaties had -with Alfonso III. To the latter Jaime replied, promising freedom of -trade, demanding the annual tribute of 2000 doblas which had been -customary and asking for the next summer a hundred light horse paid for -three months, to aid him against his Christian enemies.[163] As late as -1405, the treaty between Martin of Aragon and his son Martin of Sicily -on the one hand and Mahomet, King of Granada, on the other, not only -guarantees free intercourse and safety to the subjects of each and open -trade in all ports and towns of their respective dominions, but each -party agrees, when called upon, to assist the other, except against -allies--Aragon and Sicily with four or five galleys well armed and -manned and Granada with four or five hundred cavalry.[164] - -All these alliances and treaties for freedom of trade and intercourse -were in direct antagonism to the decrees of the Church, which in its -councils ordered priests every Sunday to denounce as excommunicate, or -even liable to be reduced to slavery, all who should sell to Moors iron, -weapons, timber, fittings for ships, bread, wine, animals to eat, ride -or till the ground, or who should serve in their ships as pilots or in -their armies in war upon Christians.[165] It was in vain that Gregory -XI, in 1372, ordered all fautors and receivers of Saracens to be -prosecuted as heretics by the Inquisition, and equally vain was the -deduction drawn by Eymerich from this, that any one who lent aid or -counsel or favor to the Moors was a fautor of heresy, to be punished as -such by the Holy Office.[166] In spite of the thunders of the Church the -traders continued trading and the princes made offensive and defensive -alliances with the infidel. - -[Sidenote: _THE MUDÉJARES_] - -Nor, with the illustrious example of the Cid before them, had Christian -nobles the slightest hesitation to aid the Moors by taking service with -them. When, in 1279, Alonso Pérez de Guzman, the founder of the great -house of Medina Sidonia, was insulted in the court of Alfonso, he -promptly renounced his allegiance, converted all his property into -money, and raised a troop with which he entered the service of Abu Jusuf -of Morocco. There he remained for eleven years, except a visit to -Seville to marry Doña María Coronel, whom he carried back to Morocco. He -was made captain of all the Christian troops in Abu Jusuf's employ and -aided largely in the war which transferred the sovereignty of that -portion of Africa from the Almohades to the Beni Marin. He accumulated -immense wealth, which by a stratagem he transferred to Spain, where it -purchased the estates on which the greatness of the house was based. The -family historiographer, writing in 1541, feels obliged to explain this -readiness to serve the infidel, so abhorrent to the convictions of the -sixteenth century. He tells us that at that period the Moors, both of -Granada and Africa, were unwarlike and were accustomed to rely upon -Christian troops, and that princes, nobles and knights were constantly -in their service. Henry, brother of Alfonso X, served the King of Tunis -four years and amassed large wealth; Garcí Martínez de Gallegos was -already in the service of Abu Jusuf when Guzman went there; Gonzalo de -Aguilar became a vassal of the King of Granada and fought for him. In -1352, when Pedro the Cruel began to reduce his turbulent nobles to -order, Don Juan de la Cerda, a prince of the blood, went to Morocco for -assistance and, failing to obtain it, remained there and won great -renown by his knightly deeds till he was reconciled to Pedro and -returned to Castile. Examples might be multiplied, but these will -suffice to indicate how few scruples of religion existed among the -Spaniards of the Middle Ages. As Barrantes says, adventurous spirits in -those days took service with the Moors as in his time they sought their -fortunes in the Indies.[167] - - * * * * * - -It is thus easy to understand how, in the progress of the Reconquest, -the Moors of the territory acquired were treated with even greater -forbearance than the Christians had been when Spain was first overrun. -When raids were made or cities were captured by force, there was no -hesitation in putting the inhabitants to the sword or in carrying them -off into slavery,[168] but when capitulations were made or provinces -submitted, the people were allowed to remain, retaining their religion -and property, and becoming known under name of _Mudéjares_. - -The enslaved Moor was his master's property, like his cattle, but -entitled to some safeguards of life and limb. Even baptism did not -manumit him unless the owner were a Moor or a Jew.[169] That he was -frequently a man of trained skill and education is seen in the provision -that, if his master confided to him a shop or a ship, the former was -bound to fulfill all contracts entered into by his slave.[170] Thus the -free Castilian, whose business was war, had his trade and commerce to a -considerable extent, as well as his agriculture, carried on by slaves, -and the rest was mostly in the hands of the Jews and the free Moors or -Mudéjares. Labor thus became the badge of races regarded as inferior; it -was beneath the dignity of the freeman, and when, as we shall see -hereafter, the industrious population was expelled by bigotry, the -prosperity of Spain collapsed. - -[Sidenote: _THE MUDÉJARES_] - -As for the Mudéjares, the practice of allowing them to remain in the -reconquered territories began early. Even in Galicia they were to be -found, and in Leon documents of the tenth century contain many Moorish -names among those who confirm or witness them.[171] The Fuero of Leon, -granted by Alfonso V in 1020, alludes to Moors holding slaves, and the -Berber population there is still represented by the Maragatos, to the -south-west of Astorga--a race perfectly distinct from the Spaniards, -retaining much of their African costume and speaking Castilian -imperfectly, although it is their only language.[172] Fernando I -(1033-65), who rendered the Kings of Toledo and Seville tributary, and -who was besieging Valencia when he died, alternated in his policy -towards the inhabitants of his extensive conquests. In the early part of -his reign he allowed them to remain; then he adopted depopulation, and -finally he returned to his earlier methods.[173] Alfonso VI followed the -more liberal system; when he occupied Toledo, in 1085, he granted a -capitulation to the inhabitants which secured to them their property and -religion, with self-government and the possession of their great -mosque.[174] When, during his absence, the Frenchman, Bernard Abbot of -Sahagun, newly elected to the archbishopric, in concert with his queen, -Constance of Burgundy, suddenly entered the mosque, consecrated it and -placed a bell on its highest minaret, Alfonso was greatly angered. He -hastened to Toledo, threatening to burn both the queen and the -archbishop, and only pardoned them at the intercession of the Moors, who -dreaded possible reprisals after his death. His policy, in fact, was to -render his rule more attractive to the Moslem population than that of -his tributaries, the petty _reyes de taifas_, who were obliged to -oppress their subjects in order to satisfy his exigencies. He even -styled himself _Emperador de los dos cultos_. His tolerant wisdom -justified itself, for, after the coming of the Almoravides, in spite of -the disastrous defeats of Zalaca and Uclés, he was able to hold his own -and even to extend his boundaries, for the native Moors preferred his -domination to that of the savage Berbers.[175] - -His successors followed his example, but it was not regarded with favor -by the Church. During the centuries of mental torpor which preceded the -dawn of modern civilization there was little fanaticism. With the -opening of the twelfth century various causes awoke the dormant spirit. -Crusading enthusiasm brought increased religious ardor and the labors of -the schoolmen commenced the reconstruction of theology which was to -render the Church dominant over both worlds. The intellectual and -spiritual movement brought forth heresies which, by the commencement of -the thirteenth century, aroused the Church to the necessity of summoning -all its resources to preserve its supremacy. All this made itself felt, -not only in Albigensian crusades and the establishment of the -Inquisition, but in increased intolerance to Jew and Saracen, in a more -fiery antagonism to all who were not included in the pale of -Christianity. How this worked was seen, in 1212, when, after the -brilliant victory of Las Navas de Tolosa, Alfonso IX advanced to Ubeda, -where 70,000 men had collected, and they offered to become Mudéjares and -to pay him a million of doblas. The terms were acceptable and he agreed -to them, but the clerical chiefs of the crusade, the two archbishops, -Rodrigo of Toledo and Arnaud of Narbonne, objected and forced him to -withdraw his assent. He offered the besieged to let them depart on the -payment of the sum, but they were unable to collect so large an amount -on the spot, and they were put to the sword, except those reserved as -slaves.[176] In the same spirit Innocent IV, in 1248, ordered Jaime I of -Aragon to allow no Saracens to reside in his recently conquered Balearic -Isles except as slaves.[177] - -[Sidenote: _THE MUDÉJARES_] - -In spite of the opposition of the Church the policy of the _mudéjalato_ -was continued until the work of the Reconquest seemed on the point of -completion under San Fernando III. The King of Granada was his vassal, -like any other Castilian noble. He subdued the rest of the land, giving -the local chiefs advantageous terms and allowing them to assume the -title of kings. The Spanish Moors were thus reduced to submission and he -was preparing to carry his arms into Africa at the time of his death, in -1252.[178] That Moorish rule, more or less independent, continued in the -Peninsula for yet two centuries and a half, is attributable solely to -the inveterate turbulence of the Castilian magnates aided by the -disorderly ambition of members of the royal family. During this interval -successive fragments were added to Christian territory, when internal -convulsions allowed opportunities of conquest, and in these the system -which had proved so advantageous was followed. Moor and Jew were -citizens of the realm, regarded as a desirable class of the population, -and entitled to the public peace and security for their property under -the same sanctions as the Catholic.[179] They are enumerated with -Christians in charters granting special exemptions and privileges to -cities, safeguards for fairs and for general trade.[180] Numerous Fueros -which have reached us place all races on the same level, and a charter -of Alfonso X, in 1272, to the city of Murcia, in its regulations as to -the cleansing of irrigating canals, shows that even in petty details -such as these there was no distinction recognized between Christian and -Moor.[181] The safeguards thrown around them are seen in the charter of -1101, granted to the Mozárabes of Toledo by Alfonso VI, permitting them -the use of their ancestral Fuero Juzgo, but penalties under it are only -to be one-fifth, as in the Fuero of Castile "except in cases of theft -and of the murder of Jews and Moors," and in the Fuero of Calatayud, -granted by Alfonso el Batallador, in 1131, the _wergild_ for a Jew or a -Moor is 300 sueldos, the same as for a Christian.[182] Yet the practice -as to this was not strictly uniform, and the conquering race naturally -sought to establish distinctions which should recognize its superiority. -The Fuero of Madrid, in 1202, imposes various disabilities on the -Moors.[183] A law of Alfonso X, who throughout his reign showed himself -favorable to the subject races, emphatically says that, if a Jew strikes -a Christian, he is not to be punished according to the privileges of the -Jews, but as much more severely as a Christian is better than a Jew; so -if a Christian slays a Jew or a Moor he is to be punished according to -the Fuero of the place, and if there is no provision for the case, then -he is to suffer death or banishment or other penalty as the king may see -fit, but the Moor who slays a Christian is to suffer more severely than -a Christian who slays a Moor or a Jew.[184] - -In an age of class distinctions this was an inevitable tendency and it -is creditable to Spanish tolerance and humanity that its progress was so -slow. In the violence of the time there was doubtless much arbitrary -oppression, but the Mudéjares knew their rights and had no hesitation in -asserting them, nor does there seem to have been a disposition to deny -them. Thus, in 1387, those of Bustiella complained to Juan I that the -royal tax-collectors were endeavoring to collect from them the Moorish -capitation tax, to which they were not subject, having in lieu thereof -from ancient times paid to the Lords of Biscay twelve hundred maravedís -per annum and being entitled to enjoy all the franchises and liberties -of Biscay, whereupon the king issued an order to the assessors to demand -from them only the agreed sum and no other taxes, and to guarantee to -them all the franchises and liberties, uses and customs of the Lordship -of Biscay.[185] Even more suggestive is a celebrated case occurring as -late as the reign of Henry IV. In 1455 the chaplains of the Capella de -la Cruz of Toledo complained to the king that the tax on all meat -slaughtered in the town had been assigned to the chapel for its -maintenance, but that the Moors had established their own -slaughter-house and refused to pay the tax. Elsewhere than in Spain the -matter would have been referred to an ecclesiastical court with a -consequent decision in favor of the faith, but here it went to the civil -court with the result that, after elaborate argument on both sides, in -1462 the great jurist Alfonso Díaz de Montalvan rendered a decision -recognizing that the Moors could not eat meat slaughtered in the -Christian fashion, that they were entitled to a slaughter-house of their -own, free of tax, but that they must not sell meat to Christians and -must pay the tax on all that they might thus have sold.[186] Trivial as -is this case, it gives us a clear insight into the independence and -self-assertion of the Moorish communities and the readiness of the -courts to protect them in their rights. - -[Sidenote: _EFFORTS AT CONVERSION_] - -The Mudéjares were guaranteed the enjoyment of their own religion and -laws. They had their mosques and schools and, in the earlier times, -magistrates of their own race who decided all questions between -themselves according to their own _zunna_ or law, but suits between -Christian and Moor were sometimes heard by a Christian judge and -sometimes by a mixed bench of both faiths.[187] In the capitulations it -was generally provided that they should be subject only to the taxes -exacted by their previous sovereigns, though in time this was apt to be -disregarded.[188] A privilege granted, in 1254, by Alfonso X to the -inhabitants of Seville, authorizing them to purchase land of Moors -throughout their district, shows that the paternal possessions of the -latter had been undisturbed; they were free to buy and sell real estate, -and although, when the reactionary period commenced, toward the close of -the thirteenth century, Sancho IV granted the petition of the Córtes of -Valladolid in 1293, forbidding Jews and Moors to purchase land of -Christians, the restriction soon became obsolete.[189] Not only was -there no prohibition of their bearing arms, but they were liable to -military service. Exemption from this was a special privilege accorded, -in 1115, at the capitulation of Tudela; in 1263 Jaime I of Aragon -released the Moors of Masones from tribute and military service in -consideration of an annual payment of 1500 _sueldos jaquenses_; in 1283 -his son Pedro III, when preparing to resist the invasion of Philippe le -Hardi, summoned his faithful Moors of Valencia to join his armies and, -in the levies made in Murcia in 1385 for the war with Portugal, each -aljama had its assigned quota.[190] - -[Sidenote: _DENATIONALIZATION OF THE MUDÉJARES_] - -A wise policy would have dictated the mingling of the races as much as -possible, so as to encourage unification and facilitate the efforts at -conversion which were never lost to sight. The _converso_ or baptized -Moor or Jew was the special favorite of the legislator. The Moorish law -which disinherited an apostate was set aside and he was assured of his -share in the paternal estate; the popular tendency to stigmatize him as -a _tornadizo_ or _renegat_ was severely repressed. The Church insisted -that a Moorish captive who sincerely sought baptism should be set free. -Dominicans and Franciscans were empowered to enter all places where Jews -and Moors dwelt, to assemble them to listen to sermons, while the royal -officials were directed to compel the attendance of those who would not -come voluntarily.[191] It is easy now to see that this policy, which -resulted in winning over multitudes to the faith, would have been vastly -more fruitful if the races had been compelled to associate together, and -infinite subsequent misery and misfortune would have been averted, but -this was a stretch of tolerant humanity virtually impossible at the -time. The Church, as will be seen, exerted every effort to keep them -apart, on the humiliating pretext that she would lose more souls than -she would gain, and there was, moreover, sufficient mutual distrust to -render separation desired on both sides. At a very early period of the -Reconquest the policy was adopted of assigning a special quarter of a -captured town to the Moors, and thus the habit was established of -providing a Morería in the larger cities, to which the Mudéjares were -confined. The process is well illustrated by what occurred at Murcia, -when, in 1266, it was definitely reconquered for Alfonso X by Jaime I of -Aragon. He gave half the houses to Aragonese and Catalans and restricted -the Moors to the quarter of the Arrijaca. Alfonso confirmed the -arrangement, dislodging the Christians from among the Moors and building -a wall between them. His decree on the subject recites that this was -done at the prayer of the Moors, who were despoiled and ill-treated by -the Christians, and who desired the protection of a wall, to the -construction of which he devoted one-half of the revenues levied for the -repair of the city walls. It was the same with the Jews, who were not to -dwell among the Christians, but to have their Judería set apart for them -near the Orihuela gate.[192] Besides this segregation from the -Christians in the cities there were smaller towns in which the -population was purely Moorish, where Christians were not allowed to -dwell. That this was regarded as a privilege we can readily imagine, and -it is shown by the confirmation, in 1255, by Alfonso X of an agreement -with the Mudéjares of Moron under which they are to sell their -properties to Christians and remove to Silebar, where they are to build -a castle and houses, to be free of all taxes for three years, their law -is to be administered by their own alcadí and no Christian is to reside -there except the _almojarife_, or tax-gatherer, and his men.[193] All -this tended to perpetuate the separation between the Christian and the -Moor, and a further potent cause is to be found in the horror with which -miscegenation was regarded--at least when the male offender was a Moor. -Intermarriage, of course, was impossible between those of different -faiths and illicit connections were punished in the most savage -manner.[194] - -In spite of this natural but impolitic segregation, the Mudéjares -gradually became denationalized and assimilated themselves in many ways -to the population by which they were surrounded. In time they forgot -their native language and it became necessary for their learned men to -compile law-books in Castilian for the guidance of their alcadís. Quite -a literature of this kind arose and, even after the final expulsion, as -late as the middle of the seventeenth century, among the refugees in -Tunis, a manual of religious observances was composed in Spanish, the -author of which lamented that even the sacred characters in which the -Korán was written were almost unknown and that the rites of worship were -forgotten or mingled with usages and customs borrowed from the -Christians.[195] The Mudéjares even sympathized with the patriotic -aspirations of their Castilian neighbors, as against their independent -brethren. When, in 1340, Alfonso XI returned in triumph to Seville, -after the overwhelming victory of the Rio Salado, we are told how the -Moors and their women united with the Jews in the rejoicings which -greeted the conqueror.[196] Even more practical was the response to the -appeal of the Infante Fernando, in 1410, when he was besieging -Antequera, one of the bulwarks of Granada, and was in great straits for -money. He wrote "muy afectuosamente" to Seville and Córdova, not only to -the Christians but to the Moorish and Jewish aljamas and, as he was -popular with them, they advanced him what sums they could.[197] The -process of denationalization and fusion with the Christian community was -necessarily slow, but its progress gave gratifying promise of a result, -requiring only wise patience and sympathy, which would have averted -incalculable misfortunes. - -[Sidenote: THE MUDÉJARES] - -In a financial and industrial point of view the Mudéjares formed a most -valuable portion of the population. The revenues derived from them were -among the most reliable resources of the State; assignments on them were -frequently used as the safest and most convenient form of securing -appanages and dowries and incomes for prelates and religious -establishments.[198] To the nobles on whose lands they were settled they -were almost indispensable, for they were skilful agriculturists and the -results of their indefatigable labors brought returns which could be -realized in no other way. That they should be relentlessly exploited was -a matter of course. A fuero granted, in 1371, by the Almirante Ambrosio -de Bocanegra to his Mudéjares of Palma del Rio, not only specifies their -dues and taxes, but prescribes that they shall bake in the seignorial -oven and bathe in the seignorial bath and purchase their necessaries in -the seignorial shops.[199] They were not only admirable husbandmen and -artificers, but distinguished themselves in the higher regions of -science and art. As physicians they ranked with the Jews, and when, in -1345, Ferrant Rodríguez, Prior of the Order of Santiago, built the -Church of Our Lady of Uclés, he assembled "Moorish masters" and good -Christian stone-masons, who constructed it of stone and mortar.[200] The -industry of Spain was to a great extent in their hands. To them the land -owed the introduction of the sugar-cane, cotton, silk, the fig, the -orange and the almond. Their system of irrigation, still maintained to -the present time, was elaborately perfect, and they had built highways -and canals to facilitate intercourse and transportation. Valencia, which -was densely populated by Mudéjares, was regarded as one of the richest -provinces in Europe, producing largely of sugar, oil and wine. In -manufacturing skill they were no less distinguished. Their fabrics of -silk and cotton and linen and wool were exquisite; their potteries and -porcelains were models for the workmen of the rest of Europe; their -leather-work was unsurpassed; their manufactures of metals were eagerly -sought in distant lands, while their architecture manifests their -delicate skill and artistic taste. Marriages were arranged for girls at -11 and boys at 12; dowries were of little account, for a bed and a few -coins were deemed sufficient where all were industrious and -self-supporting, and their rapid increase, like evil weeds, was a -subject of complaint to their Castilian detractors. Ingenious and -laborious, sober and thrifty, a dense population found livelihood in -innumerable trades, in which men, women and children all labored, -producing wealth for themselves and prosperity for the land. In commerce -they were equally successful; they were slaves to their word, their -reputation for probity and honor was universal, and their standing as -merchants was proverbial. There was no beggary among them and quarrels -were rare, differences being for the most part amicably settled without -recourse to their judges.[201] - -It is not easy to set limits to the prosperity attainable by the -Peninsula with its natural resources developed by a population combining -the vigor of the Castilian with the industrial capacity of the Moor. All -that was needed was Christian patience and good will to kindle and -encourage kindly feeling between the conquering and the subject race; -time would have done the rest. The infidel, won over to Christianity, -would have become fused with the faithful, and a united people, blessed -with the characteristics of both races, would have been ready to take -the foremost place in the wonderful era of industrial civilization which -was about to open. Unhappily for Spain this was not to be. To the -conscientious churchman of the Middle Ages any compact with the infidel -was a league with Satan; he could not be forcibly brought into the fold, -but it was the plainest of duties to render his position outside so -insupportable that he would take refuge in conversion. - -[Sidenote: DISTINCTIVE BADGES] - -The Church accordingly viewed with repugnance the policy of conciliation -and toleration which had so greatly facilitated the work of the -Reconquest, and it lost no opportunity of exciting popular distrust and -contempt for the Mudéjares. We shall see how great was its success with -respect to the Jews, whose position offered better opportunity for -attack, but it was not without results as respects the Moors. It -discouraged all intercourse between the races and endeavored to keep -them separate. Even the indispensable freedom of ordinary commercial -dealings, which was provided for by the secular rulers, was frowned -upon, and in 1250 the Order of Santiago was obliged to represent to -Innocent IV that it had Moorish vassals, and to supplicate him for -license to buy and sell with them, which he graciously permitted.[202] -The most efficacious means, however, of establishing and perpetuating -the distinction between the races was that Jews and Moors should wear -some peculiar garment or badge by which they should be recognized at -sight. This was not only a mark of inferiority and a stigma, but it -exposed the wearer to insults and outrages, rendering it both -humiliating and dangerous, especially to those, such as muleteers or -merchants, whose avocations rendered travel on the unsafe highways -indispensable. When the Church was aroused from its torpor to combat -infidelity in all its forms, this was one of the measures adopted by the -great council of Lateran in 1216, in a regulation carried into the canon -law, the reason alleged being that it was necessary to prevent -miscegenation.[203] In 1217 Honorius III peremptorily ordered the -enforcement of this decree in Castile, but, two years later, consented -to suspend it, on the remonstrance of San Fernando III, backed by -Rodrigo, Archbishop of Toledo. The king represented that many Jews would -abandon his kingdom rather than wear badges, while the rest would be -driven to plots and conspiracies, and, as the greater part of his -revenues was derived from them, he would be unable to carry out his -enterprises against the Saracens.[204] It was difficult to arouse -intolerance and race hatred in Spain, and, when Gregory IX, about 1233, -and Innocent IV, in 1250, ordered the Castilian prelates to enforce the -Lateran canons, San Fernando quietly disregarded the injunction.[205] -His son, Alfonso X, so far yielded obedience that, in the Partidas, he -ordered, under a penalty of ten gold maravedís or ten lashes, all Jews, -male and female, to wear a badge on the cap, alleging the same reason as -the Lateran council, but he did not extend this to the Moors and, as his -code was not confirmed by the Córtes for nearly a century, the -regulation may be regarded as inoperative.[206] The council of Zamora, -which did so much to stimulate intolerance, in January, 1313, ordered -the badge to be worn, as it was in other lands, and later in the year -the Córtes of Plasencia proposed to obey, but were told by the Infante -Juan, who presided as guardian of Alfonso XI, that he would, after -consultation, do what was for the advantage of the land.[207] In Aragon, -the councils of Tarragona, in 1238 and 1282, vainly ordered the canon to -be obeyed, and it was not until 1300 that the attempt was made with an -ordinance requiring the Mudéjares to wear the hair cut in a peculiar -fashion that should be distinctive.[208] In Castile, at length, Henry -II, in pursuance of the request of the Córtes of Toro in 1371, ordered -all Jews and Moors to wear the badge (a red circle on the left -shoulder), but the injunction had to be frequently repeated and was -slenderly obeyed. Even so, to it may be attributed the frequent murders -which followed of Jews on the highways, the perpetrators of which were -rarely identified.[209] - -What was the spirit which the Church thus persistently endeavored to -arouse in Spain may be gathered from a brief of Clement IV, in 1266, to -Jaime I of Aragon, urging him to expel all Mudéjares from his dominions. -He assures the king that his reputation will suffer greatly if, for -temporal advantage, he longer permits such opprobrium of God, such an -infection of Christendom, as proceeds indubitably from the horrible -cohabitation of the Moors, with its detestable horrors and horrid -foulness. By expelling them he will fulfil his vow to God, stop the -mouths of his detractors and prove himself zealous for the faith.[210] -The same temper was shown, in 1278, by Nicholas III, when he scolded -Alfonso X for entering into truces with the Moors, and, by threatening -to deprive him of the share granted to him of the church revenues, -incited him to the disastrous siege of Algeciras, the failure of which -led him to form an alliance with the King of Morocco.[211] Fortunately -this papal zeal for the faith found no Ximenes in Spain to spread it -among the people and to kindle the fires of intolerance. The Spanish -Church of the period appears to have been wholly quiescent. The only -action on record is the trivial one of Arnaldo de Peralta, Bishop of -Valencia, from 1261 to 1273, who forbade, under pain of excommunication, -his clergy from drinking wine in the house of a Jew, provided they -should have heard of or should remember the prohibition; and he further -vaguely threatened with his displeasure any cleric who should knowingly -buy the wine of a Jew, except in case of necessity.[212] - -[Sidenote: _INFLUENCE OF THE CHURCH_] - -That, in the Confusion which followed the rebellion of Sancho IV against -his father, there may have arisen a desire to limit somewhat the -privileges of Jew and Moor is rendered probable by the legislation of -the Córtes of Valladolid, in 1293, to which allusion has already been -made (p. 63), but the decisive impulse which aroused the Spanish Church -from its indolent indifference and set it earnestly to work in exciting -popular hatred and intolerance, would seem traceable to the council of -Vienne in 1311-12. Among the published canons of the council, the only -one relating to Moors is a complaint that those dwelling in Christian -lands have their priests, called Zabazala, who, from the minarets of -their mosques, at certain hours invoke Mahomet and sound his praises in -a loud voice, and also that they are accustomed to gather around the -grave of one whom they worship as a saint. These practices are denounced -as unendurable, and the princes are ordered to suppress them, with the -alternative of gaining salvation or of enduring punishment which shall -make them serve as a terrifying example.[213] This threat fell upon deaf -ears. In 1329 the council of Tarragona complains of its inobservance and -orders all temporal lords to enforce it within two months, under pain of -interdict and excommunication,[214] and a hundred years later the -council of Tortosa, in 1429, supplicated the King of Aragon and all -prelates and nobles, by the bowels of divine mercy, to enforce the canon -and all other conciliar decrees for the exaltation of the faith and the -humiliation of Jews and Moors, and to cause their observance by their -subjects if they wish to escape the vengeance of God and of the Holy -See. This was equally ineffectual, and it was reserved for Ferdinand and -Isabella, about 1482, to enforce the canon of Vienne with a vigor which -brought a remonstrance from the Grand Turk.[215] - -[Sidenote: _INFLUENCE OF THE CHURCH_] - -More serious was the effect upon the Jews of the spirit awakened at -Vienne. That council, besides enacting very severe laws against usury, -denounced the privilege accorded in Spain to Jews, whereby Jewish -witnesses were requisite for the conviction of Jewish defendants. It did -not presume to annul this privilege, but forbade all intercourse -between the races wherever it was in force.[216] The Spanish prelates, -in returning from the council in 1312, brought with them these canons -and the spirit of intolerance that dictated them and made haste to give -expression to it at the council of Zamora, in January, 1313, in a number -of canons, the temper of which is so different from the previous -utterances of the Spanish Church that it shows the revolution wrought in -their mode of thinking by intercourse with their brethren from other -lands. Henceforth, in this respect, the Spanish Church emerges from its -isolation and distinguishes itself by even greater ferocity than that -which disgraced the rest of Christendom. The fathers of Zamora invoked -the curse of God and of St. Peter on all who should endeavor to enforce -the existing laws requiring the evidence of Jews to convict Jews. They -denounced the Jews as serpents, who were only to be endured by -Christians because they were human beings, but were to be kept in strict -subjection and servitude, and they sought to reduce this principle to -practice by a series of canons restricting the Jews in every way and -putting an end to all social intercourse between them and -Christians.[217] The friendly mingling of the races, which shows how -little the prejudices of the churchmen were shared by the people at this -period, became a favorite subject of objurgation and required a long -series of efforts to eradicate, but the Church triumphed at last, and -the seeds of envy, hatred and all uncharitableness, which it so -assiduously planted and cultivated, yielded in the end an abundant -harvest of evil. What prepossessions of Christian kindness the prelates -of Zamora felt that they had to overcome are indicated in the final -command that these constitutions should be read publicly in all -churches annually, and that the bishops should compel by excommunication -all secular magistrates to enforce them.[218] - -The Spanish Church, thus fairly started in this deplorable direction, -pursued its course with characteristic energy. In 1322 the utterances of -the council of Valladolid reveal how intimate were the customary -relations between Christian and infidel, and how the Church, in place of -taking advantage of this, labored to keep the races asunder. The council -recites that scandals arise and churches are profaned by the prevailing -custom of Moors and Jews attending divine service, wherefore they are to -be expelled before the ceremonies of the mass begin, and all who -endeavor to prevent it are to be excommunicated. The habit of nocturnal -devotional vigils in churches is also said, probably with truth, to be -the source of much evil, and all who bring Moors and Jews to take part -with their voices and instruments are to be expelled. To preserve the -faithful from pollution by Moorish and Jewish superstitions, they are -commanded no more to frequent the weddings and funerals of the infidels. -The absurd and irrational abuse whereby Jews and Moors are placed in -office over Christians is to be extirpated, and all prelates shall -punish it with excommunication. As the malice of Moors and Jews leads -them craftily to put Christians to death, under pretext of curing them -by medicine and surgery and, as the canons forbid Christians from -employing them as physicians, and as these canons are not observed in -consequence of the negligence of the prelates, the latter are ordered to -enforce them strictly with the free use of excommunication.[219] - -[Sidenote: _INFLUENCE OF THE CHURCH_] - -These last two clauses point to matters which had long been special -grievances of the faithful and which demand a moment's attention. The -superior administrative abilities of the Jews caused them to be -constantly sought for executive positions, to the scandal of all good -Christians. We have seen that under the Goths it was an abuse calling -for constant animadversion. It was one of the leading complaints of -Innocent III against Raymond VI of Toulouse, which he expiated so -cruelly in the Albigensian crusades, and one of the decrees of the -Lateran council was directed against its continuance.[220] In Spain the -sovereigns could not do without them, and we shall have occasion to see -that it became one of the main causes of popular dislike of the -unfortunate race, for the Christian found it hard to bear with -equanimity the domination of the Jew, especially in his ordinary -character of _almojarife_, or tax-collector. As early as 1118, Alfonso -VIII, in the fuero granted to Toledo, promised that no Jew or recent -convert should be placed over the Christians; Alfonso X made the same -concession in the fuero of Alicante, in 1252, except that he reserved -the office of almojarife, and in the Partidas he endeavored to make the -rule general.[221] The same necessity made itself felt with regard to -the function of the physician, for which, during the dark ages, the -learning of Jew and Saracen rendered them almost exclusively fitted. -Zedechias, the Jewish physician of the Emperor Charles the Bald, was -renowned, and tradition handed down his name as that of a skilful -magician.[222] Prince and prelate alike sought comfort in their curative -ministrations, and, as the Church looked askance on the practice of -medicine and surgery by ecclesiastics, unless it were through prayer and -exorcism, they had the field almost to themselves. This had always been -regarded with disfavor by the Church. As early as 706 the council of -Constantinople had ordered the faithful not to take medicine from a Jew, -and this command had been incorporated in the canon law.[223] Another -rule, adopted from the Lateran council of 1216, was that the first duty -of a physician was to care for the soul of the patient rather than for -his body, and to see that he was provided with a confessor--a duty which -the infidel could scarce be expected to recognize.[224] It is therefore -easy to understand why the general abhorrence of the Church for Moor and -Jew should be sharpened with peculiar acerbity in regard to their -functions as physicians; why the council of Valladolid should endeavor -to alarm the people with the assertion that they utilized the position -to slay the faithful, and the council of Salamanca, in 1335, should -renew the sentence of excommunication on all who should employ them in -sickness.[225] Nominally the Church carried its point, and in the -prescriptive laws of 1412 there was embodied a provision imposing a fine -of three hundred maravedís on any Moor or Jew who should visit a -Christian in sickness or administer medicine to him,[226] but the -prohibition was impossible of enforcement. About 1462, the Franciscan, -Alonso de Espina, bitterly complains that there is not a noble or a -prelate but keeps a Jewish devil as a physician, although the zeal of -the Jews in studying medicine is simply to obtain an opportunity of -exercising their malignity upon Christians; for one whom they cure they -slay fifty, and when they are gathered together they boast as to which -has caused the most deaths, for their law commands them to spoil and -slay the faithful.[227] It was but a few years after this that Abiatar -Aben Crescas, chief physician of Juan II of Aragon, the father of -Ferdinand, vindicated Jewish science by successfully relieving his royal -patient of a double cataract and restoring his sight. On September 11, -1469, pronouncing the aspect of the stars to be favorable, he operated -on the right eye; the king, delighted with his recovered vision, ordered -him to proceed with the left, but Abiatar refused, alleging that the -stars had become unfavorable, and it was not until October 12 that he -consented to complete the cure.[228] The friars themselves believed as -little as royalty in the stories which they invented to frighten the -people and create abhorrence of Jewish physicians. In spite of the fact -that Ferdinand and Isabella, in the _Ordenanzas_ of 1480, repeated the -prohibition of their attending Christians, the Dominicans, in 1489, -obtained from Innocent IV permission to employ them, notwithstanding all -ecclesiastical censures, the reason alleged being that in Spain there -were few others.[229] - -[Sidenote: _REPRESSIVE LEGISLATION_] - -The prescriptive spirit which dominated the councils of Zamora and -Valladolid was not allowed to die out. That of Tarragona, in 1329, -expressed its horror at the friendly companionship with which Christians -were in the habit of attending the marriages, funerals and circumcisions -of Jews and Moors and even of entering into the bonds of compaternity -with the parents at the latter ceremony, all of which it strictly -forbade for the future.[230] A few years later, in 1337, Arnaldo, -Archbishop of Tarragona, addressed to Benedict XII a letter which is a -significant expression of the objects and methods of the Church. In -spite, he says, of the vow taken by Jaime I when about to conquer -Valencia, that he would not permit any Moors to remain there, the -Christians, led by blind cupidity, allow them to occupy the land, -believing that thus they derive larger revenues--which is an error, as -the Abbot of Poblet has recently demonstrated by expelling the Mudéjares -from the possessions of the abbey. There are said to be forty or fifty -thousand Moorish fighting men in Valencia, which is a source of the -greatest danger, especially now when the Emperor of Morocco is preparing -to aid the King of Granada. Besides, many enormous crimes are committed -by Christians, in consequence of their damnable familiarity and -intercourse with the Moors, who blaspheme the name of Christ and exalt -that of Mahomet. "I have heard," he pursues, "the late Bishop of -Valencia declare, in a public sermon, that in that province the mosques -are more numerous than the churches and that half, or more than half, -the people are ignorant of the Lord's prayer and speak only Moorish. I -therefore pray your clemency to provide an appropriate remedy, which -would seem impossible unless the Moors are wholly expelled and unless -the King of Aragon lends his aid and favor. The nobles would be more -readily brought to assent to this if they were allowed to seize and sell -the persons and property of the Mudéjares as public enemies and -infidels, and the money thus obtained would be of no small service in -defending the kingdom." The Christian prelate, not content with directly -asking the pope to adopt this inhuman proposition, sent a copy of his -letter to Jean de Comminges, Cardinal of Porto, and begged him to urge -the matter with Benedict, and in a second letter to the cardinal he -explained that it would be necessary for the pope to order the king to -expel the Moors; that he would willingly obey as to the crown lands, but -that a papal command was indispensable as to the lands of others. It was -only, he added, the avarice of the Christians which kept the Moors -there.[231] We shall see how, two hundred and seventy years later, an -Archbishop of Valencia aided in bringing about the final catastrophe, by -a still greater display of saintly zeal, backed by precisely the same -arguments. - -This constant pressure on the part of their spiritual guides began to -make an impression on the ruling classes, and repressive legislation -becomes frequent in the Córtes. In those of Soria, in 1380, the -obnoxious prayer against Christians was ordered to be removed from -Jewish prayer-books and its recitation was forbidden under heavy -penalties, while the rabbis were deprived of jurisdiction in criminal -cases between their people. In those of Valladolid, in 1385, Christians -were forbidden to live among Jews, Jews were prohibited to serve as -tax-collectors, their judges were inhibited to act in civil cases -between them and Christians and numerous regulations were adopted to -restrain their oppression of debtors.[232] In 1387, at the Córtes of -Briviesca, Juan I enacted that no Christian should keep in his house a -Jew or Moor, except as a slave, nor converse with one beyond what the -law allowed, under the heavy penalty of 6000 maravedís, and no Jew or -Moor should keep Christians in his house under pain of confiscation of -all property and corporal punishment at the king's pleasure.[233] It -seemed impossible to enforce these laws, and the Church intervened by -assuming jurisdiction over the matter. In 1388 the council of Valencia -required the suspension of labor on Sundays and feast-days, and it -deplored the injury to the bodies and souls of the faithful and the -scandals arising from the habitual intercourse between them and the -infidels. The dwellings of the latter were ordered to be strictly -separated from those of the former; where special quarters had not been -assigned to them, it was ordered to be done forthwith and, within two -months, no Christian should be found dwelling with them nor they with -Christians. If they had trades to work at or merchandise to sell they -could come out during the day, or occupy booths or shops along the -streets, but at night they must return to the place where they kept -their wives and children.[234] - -This segregation of the Jews and Moors and their strict confinement to -the Morerías and Juderías were a practical method of separating the -races which was difficult of enforcement. The massacres of 1391 showed -that there were such quarters generally in the larger cities, but -residence therein seems not to have been obligatory, and Jews and Moors -who desired it lived among the Christians. In the restrictive laws of -1412, the first place is given to this matter. Morerías and Juderías are -ordered to be established everywhere, surrounded with a wall having only -one gate. Any one who shall not, in eight days after notice, have -settled therein forfeits all his property and is liable to punishment at -the king's pleasure, and severe penalties are provided for Christian -women who enter them.[235] An effort was made to enforce these -regulations, but it seemed impossible to keep the races apart. In 1480 -Ferdinand and Isabella state that the law had not been observed and -order its enforcement, allowing two years for the establishment of the -ghettos, after which no Jew or Moor shall dwell outside of them, under -the established penalties, and no Christian woman be found within -them.[236] The time had passed for laws to be disregarded and this was -carried into effect with the customary vigor of the sovereigns. In -Segovia, for instance, on October 29, 1481, Rodrigo Alvárez Maldonado, -commissioner for the purpose, summoned the representatives of the Jewish -aljama, read to them the Ordenanza, and designated to them the limits of -their Judería. All Christians resident therein were warned to vacate -within the period designated by the law; all Jews of the district were -required to make their abode there within the same time, and all doors -and windows of houses contiguous to the boundaries, on either side, -whether of Jews or Christians, were ordered to be walled up or rendered -impassable. The segregation of the Jews was to be absolute.[237] - - * * * * * - -[Sidenote: _REPRESSIVE LEGISLATION_] - -We shall see in the next chapter how successful were the efforts of the -Church in arousing the greed and fanaticism of the people and in -repressing the kindly fellowship which had so long existed. From this -the Jews were the earliest and greatest sufferers, and it is necessary -here to say only that in the cruel laws which marked the commencement of -the fifteenth century both Moor and Jew were included in the -restrictions designed to humiliate them to the utmost, to render their -lives a burden, to deprive them of the means of livelihood and to -diminish their usefulness to the State. These laws were too severe for -strict and continuous enforcement, but they answered the purpose of -inflicting an ineffaceable stigma upon their victims and of keeping up a -wholesome feeling of antagonism on the part of the population at large. -This was directed principally against the Jews, who were the chief -objects of clerical malignity, and it will be our business to examine -how this was skilfully developed, until it became the proximate cause of -the introduction of the Inquisition and created for it, during its -earliest and busiest years, almost the sole field of its activity. -Meanwhile it may be observed that, in the closing triumph over Granada, -the capitulations accorded by Ferdinand and Isabella were even more -liberal to Jews and Moors than those granted from the eleventh to the -thirteenth century, by such monarchs as Alfonso VI, Ferdinand III, -Alfonso X, and Jaime I. Unless they were deliberately designed as -perfidious traps, they show how little real conscientious conviction lay -behind the elaborately stimulated fanaticism which destroyed the Jews -and Mudéjares.[238] - - - - -CHAPTER III. - -THE JEWS AND THE CONVERSOS. - - -To appreciate properly the position of the Jews in Spain, it is -requisite first to understand the light in which they were regarded -elsewhere throughout Christendom during the medieval period. It has -already been seen that the Church held the Jew to be a being deprived, -by the guilt of his ancestors, of all natural rights save that of -existence. The privileges accorded to the Jews and the social equality -to which they were admitted under the Carlovingians provoked the -severest animadversions of the churchmen.[239] About 890, Stephen VI -writes to the Archbishop of Narbonne that he has heard with mortal -anxiety that these enemies of God are allowed to hold land and that -Christians dealt with these dogs and even rendered service to them.[240] -It is true that Alexander III maintained the ancient rule that they -could repair their existing synagogues but not build new ones, and -Clement III honored himself by one of the rare human utterances in their -favor, prohibiting their forced conversion, their murder or wounding or -spoliation, their deprivation of religious observances, the exaction of -forced service unless such was customary, or the violation of their -cemeteries in search of treasure, and, moreover, both of these decrees -were embodied by Gregory IX in the canon law.[241] Yet these -prohibitions only point out to us the manner in which popular zeal -applied the principles enunciated by the Church and, when the council of -Paris, in 1212, forbade, under pain of excommunication, Christian -midwives to attend a Jewess in labor, it shows that they were -authoritatively regarded as less entitled than beasts to human -sympathy.[242] - -How popular hostility was aroused and strengthened is illustrated in a -letter addressed, in 1208, by Innocent III to the Count of Nevers. -Although, he says, the Jews, against whom the blood of Jesus Christ -cries aloud, are not to be slain, lest Christians should forget the -divine law, yet are they to be scattered as wanderers over the earth, -that their faces may be filled with ignominy and they may seek the name -of Jesus Christ. Blasphemers of the Christian name are not to be -cherished by princes, in oppression of the servants of the Lord, but are -rather to be repressed with servitude, of which they rendered themselves -worthy when they laid sacrilegious hands on Him, who had come to give -them true freedom, and they cried that His blood should be upon them and -their children. Yet when prelates and priests intervene to crush their -malice, they laugh at excommunication and nobles are found who protect -them. The Count of Nevers is said to be a defender of the Jews; if he -does not dread the divine wrath, Innocent threatens to lay hands on him -and punish his disobedience.[243] The Cistercian Cæsarius of -Heisterbach, in his dialogues for the moral instruction of his fellow -monks, tells several stories which illustrate the utter contempt felt -for the feelings and rights of Jews, and in one of them there is an -allusion to the curious popular belief that the Jews had a vile odor, -which they lost in baptism--a belief prolonged, at least in Spain, until -the seventeenth century was well advanced.[244] Even so enlightened a -prelate as Cardinal Pierre d'Ailly, in 1416, reproves the sovereigns of -Christendom for their liberality towards the Jews, which he can -attribute only to the vile love of gain; if Jews are allowed to remain, -it should be only as servants to Christians.[245] General prohibitions -of maltreatment availed little when prelate and priest were busy in -inflaming popular aversion and popes were found to threaten any prince -hardy enough to interpose and protect the unfortunate race. - -[Sidenote: _MEDIEVAL PERSECUTION_] - -Of course under such impulsion there was scant ceremony in dealing with -these outcasts in any way that religious ardor might suggest. When, in -1009, the Saracens captured Jerusalem and destroyed the church of the -Holy Sepulchre, the rage and indignation of Europe assumed so -threatening a form that multitudes of Jews took refuge in baptism.[246] -When religious exaltation culminated in the Crusades, it seemed to those -who assumed the cross a folly to redeem Palestine while leaving behind -the impious race that had crucified the Lord, and everywhere, in 1096, -the assembling of crusaders was the signal for Jewish massacre. It would -be superfluous to recount in detail the dreary catalogue of wholesale -slaughters which for centuries disgraced Europe, whenever fanaticism or -the disappearance of a child gave rise to stories of the murder rite, or -a blood-stained host suggested sacrilege committed on the sacrament, or -some passing evil, such as an epidemic, aroused the populace to -bloodshed and rapine. The medieval chronicles are full of such terrible -scenes, in which cruelty and greed assumed the cloak of zeal to avenge -God; and when, in rare instances, the authorities protected the -defenceless, it was ascribed to unworthy motives, as in the case of -Johann von Kraichbau, Bishop of Speyer, who, in 1096, not only saved -some Jews but beheaded their assailants and was accused of being heavily -bribed; nor did Frederic Barbarossa and Ludwig of Bavaria escape similar -imputations.[247] It was safer and more profitable to combine piety and -plunder as when, in April, 1182, Philip Augustus ordered all Jews to -leave France by St. John's day, confiscating their landed property and -allowing them to take their personal effects. His grandson, the saintly -Louis, resorted without scruple to replenishing his treasury by -ransoming the Jews and the latter's grandson, Philippe le Bel, was still -more unscrupulous in 1306, when, by a concerted movement, he seized all -the Jews in his dominions, stripped them of property, and banished them -under pain of death. In England King John, in 1210, cast Jews into -prison and tortured them for ransom, and his grandson, Edward I, -followed the example of Philip Augustus so effectually that Jews were -not allowed to return until the time of Cromwell.[248] - -Spain remained so long isolated from the movements which agitated the -rest of Christendom that the abhorrence for the Jew, taught by the -Church and reduced to practice in so many ways by the people, was late -in development. In the deluge of the Saracen conquest and in the fierce -struggles of the early Reconquest, the antipathy so savagely expressed -in the Gothic legislation seemed to pass away, possibly because there -could have been but few Jews among the rude mountaineers of Galicia and -Asturias. It is true that the Wisigothic laws, in the Romance version -known as the Fuero Juzgo, remained nominally in force; it is also true -that a law was interpolated in the Fuero, which seems to indicate a -sudden recrudescence of fanaticism after a long interval of comparative -toleration. It provides that if a Jew loyally embraces the faith of -Christ, he shall have license to trade in all things with Christians, -but if he subsequently relapses into Judaism his person and property are -forfeit to the king; Jews persisting in their faith shall not consort -with Christians, but may trade with each other and pay taxes to the -king. Their houses and slaves and lands and orchards and vineyards, -which they may have bought from Christians, even though the purchase be -of old date, are declared confiscated to the king, who may bestow them -on whom he pleases. If any Jew trades in violation of this law he shall -become a slave of the king, with all his property. Christians shall not -trade with Jews; if a noble does so, he shall forfeit three pounds of -gold to the king; on transactions of more than two pounds, the excess is -forfeit to the king, together with three doblas; if the offender is a -commoner, he shall receive three hundred lashes.[249] - -[Sidenote: _CONDITION OF SPANISH JEWS_] - -The date of this law is uncertain, but it presupposes a considerable -anterior period of toleration, during which Jews had multiplied and had -become possessed of landed wealth. To what extent it may have been -enforced we have no means of knowing, but its observance must only have -been temporary, for such glimpses as we get of the condition of the Jews -up to the fourteenth century are wholly incompatible with the fierce -proscription of the Gothic laws. As the Spanish kingdoms organized -themselves, the Fuero Juzgo for the most part was superseded by a crowd -of local fueros, _cartas-pueblas_ and customs defining the franchises of -each community, and we have seen in the preceding chapter how in these -both Moor and Jew were recognized as sharing in the common rights of -citizenship and how fully the freedom of trade between all classes was -permitted. In 1251 the Fuero Juzgo was formally abrogated in Aragon by -Jaime I, who forbade it to be cited in the courts--a measure which -infers that it had practically become obsolete.[250] In Castile it -lingered somewhat longer and traces of its existence are to be found in -some places until the end of the thirteenth century.[251] These, -however, are not to be construed as referring to the provisions -respecting Jews, which had long been superseded. - -In fact, the Jews formed too large and important a portion of the -population to be treated without consideration. The sovereigns, involved -permanently in struggles with the Saracen and with mutinous nobles, -found it necessary to utilize all the resources at their command, -whether in money, intelligence, or military service. In the first two of -these the Jews stood pre-eminent, nor were they remiss in the latter. On -the disastrous field of Zalaca, in 1086, forty thousand Jews are said to -have followed the banner of Alfonso VI, and the slaughter they endured -proved their devotion, while, at the defeat of Ucles in 1108, they -composed nearly the whole left wing of the Castilian host.[252] In 1285 -we hear of Jews and Moors aiding the Aragonese in their assaults on the -retreating forces of Philippe le Hardi.[253] As regards money, the -traffic and finance of Spain were largely in their hands, and they -furnished, with the Moors, the readiest source from which to derive -revenue. Every male who had married, or who had reached the age of 20, -paid an annual poll tax of three gold maravedís; there were also a -number of imposts peculiar to them, and, in addition, they shared with -the rest of the population in the complicated and ruinous system of -taxation--the ordinary and extraordinary _servicios_, the _pedidas_ and -_ayudas_, the _sacos_ and _pastos_ and the _alcavalas_. Besides this -they assisted in supporting the municipalities or the lordships and -prelacies under which they lived, with the _tallas_, the _pastos_, the -ninths or elevenths of merchandise and the _peajes_ and _barcajes_, the -_pontazgos_ and _portazgos_, or tolls of various kinds which were -heavier on them than on Christians, and, moreover, the Church received -from them the customary tithes, oblations, and first-fruits.[254] The -revenues from the Jewish aljamas, or communities, were always regarded -as among the surest resources of the crown. - -The shrewd intelligence and practical ability of the Jews, moreover, -rendered their services in public affairs almost indispensable. It was -in vain that the council of Rome, in 1078, renewed the old prohibitions -to confide to them functions which would place them in command over -Christians and equally in vain that, in 1081, Gregory VII addressed to -Alfonso VI a vehement remonstrance on the subject, assuring him that to -do so was to oppress the Church of God and exalt the synagogue of Satan, -and that in seeking to please the enemies of Christ he was contemning -Christ himself.[255] In fact, the most glorious centuries of the -Reconquest were those in which the Jews enjoyed the greatest power in -the courts of kings, prelates and nobles, in Castile and Aragon. The -treasuries of the kingdoms were virtually in their hands, and it was -their skill in organizing the supplies that rendered practicable the -enterprises of such monarchs as Alfonso VI and VII, Fernando III and -Jaime I.[256] To treat them as the Goths had done, or as the Church -prescribed, had become a manifest impossibility. - -[Sidenote: _CONDITION OF SPANISH JEWS_] - -Under such circumstances it was natural that their numbers should -increase until they formed a notable portion of the population. Of this -an estimate can be made from a _repartimiento_, or assessment of taxes, -in 1284, which shows that in Castile they paid a poll tax of 2,561,855 -gold maravedís, which at three maravedís per head infers a total of -853,951 married or adult males.[257] This large aggregate was thoroughly -organized. Each aljama or community had its rabbis with a Rabb Mayor at -its head. Then each district, comprising one or more Christian -bishoprics, was presided over by a Rabb Mayor, and, above all, was the -_Gaon_ or _Nassi_, the prince, whose duty it was to see that the laws of -the race, both civil and religious, were observed in their purity.[258] -As we have already seen, all questions between themselves were settled -before their own judges under their own code, and even when a Jew was -prosecuted criminally by the king, he was punishable in accordance with -his own law.[259] So complete was the respect paid to this that their -Sabbaths and other feasts were held inviolate; on these days they could -not be summoned to court or be interfered with except by arrest for -crime. Even polygamy was allowed to them.[260] - -While their religion and laws were thus respected, they were required to -respect Christianity. They were not allowed to read or keep books -contrary to their own law or to the Christian law. Proselytism from -Christianity was punishable by death and confiscation, and any insults -offered to God, the Virgin, or the saints, were visited with a fine of -ten maravedís or a hundred lashes.[261] Yet, if we are to believe the -indignant Lucas of Tuy, writing about 1230, these simple restraints were -scarce enforced. The heretic Cathari of Leon, he tells us, were wont to -circumcise themselves in order, under the guise of Jews, to propound -heretical dogmas and dispute with Christians; what they dared not utter -as heretics they could freely disseminate as Jews. The governors and -judges of the cities listened approvingly to heresies put forth by Jews, -who were their friends and familiars, and if any one, inflamed by pious -zeal, angered these Jews, he was treated as if he had touched the apple -of the eye of the ruler; they also taught other Jews to blaspheme Christ -and thus the Catholic faith was perverted.[262] - -This represents a laxity of toleration impossible in any other land at -the period, yet the Spanish Jews were not wholly shielded from inroads -of foreign fanaticism. Before the crusading spirit had been organized -for the conquest of the Holy Land, ardent knights sometimes came to wage -war with the Spanish Saracens, and their religious fervor was aggrieved -by the freedom enjoyed by the Jews. About 1068, bands of these strangers -treated them as they had been wont to do at home, slaying and plundering -them without mercy. The Church of Spain was as yet uncontaminated by -race hatred and the bishops interposed to save the victims. For this -they were warmly praised by Alexander II, who denounced the crusaders as -acting either from foolish ignorance or blind cupidity. Those whom they -would slay, he said, were perhaps predestined by God to salvation; he -cited Gregory I to the same effect and pointed out the difference -between Jews and Saracens, the latter of whom make war on Christians and -could justly be assailed.[263] Had the chair of St. Peter always been so -worthily filled, infinite misery might have been averted and the history -of Christendom been spared some of its most repulsive pages. - -When the crusading spirit extended to Spain, it sometimes aroused -similar tendencies. In 1108, Archbishop Bernardo of Toledo took the -cross and religious exaltation was ardent. The disastrous rout of Ucles -came and was popularly ascribed to the Jews in the Castilian army, -arousing indignation which manifested itself in a massacre at Toledo and -in the burning of synagogues. Alfonso VI vainly endeavored to detect and -punish those responsible and his death, in 1109, was followed by similar -outrages which remained unavenged.[264] This was a sporadic outburst -which soon exhausted itself. A severer trial came from abroad, when, in -1210, the Legate Arnaud of Narbonne led his crusading hosts to the -assistance of Alfonso IX. Although their zeal for the faith was -exhausted by the capture of Calatrava and few of them remained to share -in the crowning glories of Las Navas de Tolosa, their ardor was -sufficient to prompt an onslaught on the unoffending Jews. The native -nobles sought in vain to protect the victims, who were massacred without -mercy, so that Abravanel declares this to have been one of the bloodiest -persecutions that they had suffered and that more Jews fled from Spain -than Moses led out of Egypt.[265] - -[Sidenote: _CONDITION OF SPANISH JEWS_] - -This had no permanent influence on the condition of the Spanish Hebrews. -During the long reigns of San Fernando III and Alfonso X of Castile and -of Jaime I of Aragon, covering the greater part of the thirteenth -century, the services which they rendered to the monarchs were repaid -with increasing favor and protection. After Jaime had conquered Minorca -he took, in 1247, all Jews settling there under the royal safeguard and -threatened a fine of a thousand gold pieces for wrong inflicted on any -of them and, in 1250, he required that Jewish as well as Christian -testimony must be furnished in all actions, civil or criminal, brought -by Christians against Jews. So, when in 1306 Philippe le Bel expelled -the Jews from France and those of Majorca feared the same fate, Jaime II -reassured them by pledging the royal faith that they should remain -forever in the land, with full security for person and property, a -pledge confirmed, in 1311, by his son and successor Sancho.[266] In -Castile, when San Fernando conquered Seville, in 1244, he gave to the -Jews a large space in the city, and, in defiance of the canons, he -allotted to them four Moorish mosques to be converted into synagogues, -thus founding the aljama of Seville, destined to a history so -deplorable. Alfonso X, during his whole reign, patronized Jewish men of -learning, whom he employed in translating works of value from Arabic and -Hebrew; he built for them an observatory in Seville, where were made the -records embodied in the Alfonsine Tables; he permitted those of Toledo -to erect the magnificent synagogue now known as Santa María la Blanca, -and Jews fondly relate that the Hebrew school, which he transferred from -Córdova to Toledo, numbered twelve thousand students.[267] He was prompt -to maintain their privileges, and, when the Jews of Burgos complained -that in mixed suits the alcaldes would grant appeals to him when the -Christian suitor was defeated, while refusing them to defeated Jews, he -at once put an end to the discrimination, a decree which Sancho IV -enforced with a penalty of a hundred maravedís when, in 1295, the -complaint was repeated.[268] Yet Alfonso, in his systematic code known -as the Partidas, which was not confirmed by the Córtes until 1348, -allowed himself to be influenced by the teachings of the Church and the -maxims of the imperial jurisprudence. He accepted the doctrine of the -canons that the Jew was merely suffered to live in captivity among -Christians; he was forbidden to speak ill of the Christian faith, and -any attempt at proselytism was punished with death and confiscation. The -murder rite was alluded to as a rumor, but in case it was practised it -was a capital offence and the culprits were to be tried before the king -himself. Jews were ineligible to any office in which they could oppress -Christians; they were forbidden to have Christian servants, and the -purchase of a Christian slave involved the death punishment. They were -not to associate with Christians in eating, drinking, and bathing and -the amour of a Jew with a Christian woman incurred death. While Jewish -physicians might prescribe for Christian patients, the medicine must be -compounded by a Christian, and the wearing of the hateful distinctive -badge was ordered under penalty of ten gold maravedís or of ten lashes. -At the same time Christians were strictly forbidden to commit any wrong -on the person or property of Jews or to interfere in any way with their -religious observances, and no coercion was to be used to induce them to -baptism, for Christ wishes only willing service.[269] - -[Sidenote: _ATTEMPTS AT CONVERSION_] - -This was prophetic of evil days in the future and the reign of Alfonso -proved to be the culminating point of Jewish prosperity. The capital and -commerce of the land were to a great extent in their hands; they managed -its finances and collected its revenues. King, noble and prelate -entrusted their affairs to Jews, whose influence consequently was felt -everywhere. To precipitate them from this position to the servitude -prescribed by the canons required a prolonged struggle and may be said -to have taken its remote origin in an attempt at their conversion. In -1263 the Dominican Fray Pablo Christiá, a converted Jew, challenged the -greatest rabbi of the day, Moseh aben Najman, to a disputation which was -presided over by Jaime I in his Barcelona palace. Each champion of -course boasted of victory; the king dismissed Nachmanides not only with -honor but with the handsome reward of three hundred pieces of gold, but -he ordered certain Jewish books to be burnt and blasphemous passages in -the Talmud to be expunged.[270] He further issued a decree ordering all -his faithful Jews to assemble and listen reverently to Fray Pablo -whenever he desired to dispute with them, to furnish him with what books -he desired, and to defray his expenses, which they could deduct from -their tribute.[271] Two years later Fray Pablo challenged another -prominent Hebrew, the Rabbi Ben-Astruch, chief of the synagogue of -Gerona, who refused until he had the pledge of King Jaime, and of the -great Dominican St. Ramon de Peñafort, that he should not be held -accountable for what he might utter in debate, but when, at the request -of the Bishop of Gerona, Ben-Astruch wrote out his argument, the frailes -Pablo and Ramon accused him of blasphemy, for it was manifestly -impossible that a Jew could defend his strict monotheism and Messianic -belief without a course of reasoning that would appear blasphemous to -susceptible theologians. The rabbi alleged the royal pledge; Jaime -proposed that he should be banished for two years and his book be burnt, -but this did not satisfy the Dominican frailes and he dismissed the -matter, forbidding the prosecution of the rabbi except before himself. -Appeal seems to have been made to Clement IV, who addressed King Jaime -in wrathful mood, blaming him for the favor shown to Jews and ordering -him to deprive them of office and to depress and trample on them; -Ben-Astruch especially, he said, should be made an example without, -however, mutilating or slaying him.[272] This explosion of papal -indignation fell harmless, but the zeal of the Dominicans had been -inflamed and in laboring for the conversion of the Jews they not -unnaturally aroused antagonism toward those who refused to abandon their -faith. So long before as 1242, Jaime had issued an edict, confirmed by -Innocent IV in 1245, empowering the Mendicant friars to have free access -to Juderías and Morerías, to assemble the inhabitants and compel them to -listen to sermons intended for their conversion.[273] The Dominicans now -availed themselves of this with such vigor and excited such hostility to -the Jews that Jaime was obliged to step forward for their protection. He -assured the aljamas that they were not accountable for what was -contained in their books, unless it was to the dishonor of Christ, the -Virgin and the saints, and all accusations must be submitted to him in -person; their freedom of trade was not to be curtailed; meat slaughtered -by them could be freely exposed for sale in the Juderías, but not -elsewhere; dealing in skins was not to be interfered with; their -synagogues and cemeteries were to be subject to their exclusive control; -their right to receive interest on loans was not to be impaired nor -their power to collect debts; they were not to be compelled to listen to -the friars outside of their Juderías, because otherwise they were liable -to insult and dishonor, nor were the frailes when preaching in the -synagogues to be accompanied by disorderly mobs, but at most by ten -discreet Christians; finally, no novel limitations were to be imposed on -them except by royal command after hearing them in opposition.[274] - -These provisions indicate the direction in which Dominican zeal was -striving to curtail the privileges so long enjoyed by the Jews and the -royal intention to protect them against local legislation, which had -doubtless been attempted under this impulsion. They were not remiss in -gratitude, for when, in 1274, Jaime attended the council of Lyons, they -contributed seventy-one thousand _sueldos_ to enable him to appear with -fitting magnificence.[275] The royal protection was speedily needed, for -the tide of persecuting zeal was rising among the clergy and, shortly -after his return from Lyons, on a Good Friday, the ecclesiastics of -Gerona rang the bells, summoned the populace and attacked the Judería, -which was one of the largest and most flourishing in Catalonia. They -would have succeeded in destroying it but for the interposition of -Jaime, who chanced to be in the city and who defended the Jews with -force of arms.[276] - -[Sidenote: _CONVERSION AND PERSECUTION_] - -After the death of Jaime, in 1276, the ecclesiastics seem to have -thought that they could safely obey the commands of Clement IV, -especially as Nicholas IV, in 1278, instructed the Dominican general to -depute pious brethren everywhere to convoke the Jews and labor for their -conversion, with the significant addition that lists of those refusing -baptism were to be made out and submitted to him, when he would -determine what was to be done with them.[277] How the frailes -interpreted the papal utterances is indicated in a letter of Pedro III -to Pedro Bishop of Gerona, in April of this same year, 1278, reciting -that he had already appealed repeatedly to him to put an end to the -assaults of the clergy on the Jews, and now he learns that they have -again attacked the Judería, stoning it from the tower of the cathedral -and from their own houses and then assaulting it, laying waste the -gardens and vineyards of the Jews and even destroying their graves and, -when the royal herald stood up to forbid the work, drowning his voice -with yells and derisions. Pedro accuses the bishop of stimulating the -clergy to these outrages and orders him to put a stop to it and punish -the offenders.[278] He was still more energetic when the French crusade -under Philippe le Hardi was advancing to the siege of Gerona, in 1285, -and his Moorish soldiers in the garrison undertook to sack the _Call -Juhich_, or Judería, when he threw himself among them, mace in hand, -struck down a number and finished by hanging several of them.[279] He -offered no impediment, however, to the conversion of the Jews for, in -1279, he ordered his officials to compel them to listen to the -Franciscans, who, in obedience to the commands of the pope, might wish -to preach to them in their synagogues.[280] These intrusions of frailes -into the Juderías inevitably led to trouble, for there is significance -in a letter of Jaime II, April 4, 1305, to his representative in Palma, -alluding to recent scandals, for the future prevention of which he -orders that no priest shall enter the Judería to administer the -sacraments without being accompanied by a secular official. This -precaution was unavailing, for it doubtless was a continuance of such -provocation that led to a disturbance, about 1315, affording to King -Jaime an excuse for confiscating the whole property of the aljama of -Palma and then commuting the penalty to a fine of 95,000 _libras_. The -source of these troubles is suggested by a royal order of 1327 to the -Governor of Majorca, forbidding the baptism of Jewish children under -seven years of age or the forcible baptism of Jews of any age.[281] - -During all this period there had been an Inquisition in Aragon which, of -course, could not interfere with Jews as such, for they were beyond its -jurisdiction, but which stood ready to punish more or less veritable -efforts at propagandism or offences of fautorship. The crown had no -objection to using it as a means of extortion, while preventing it from -exterminating or crippling subjects so useful. A diploma of Jaime II, -October 14, 1311, recites that the inquisitor, Fray Juan Llotger, had -learned that the aljamas of Barcelona, Tarragona, Monblanch and -Vilafranca had harbored and fed certain Jewish converts, who had -relapsed to Judaism, as well as others who had come from foreign parts. -He had given Fray Juan the necessary support, enabling him to verify the -accusations on the spot and had received his report to that effect. Now, -therefore, he issues a free and full pardon to the offending aljamas, -with assurance that they shall not be prosecuted either civilly or -criminally, for which grace, on October 10th, they had paid him ten -thousand sueldos. In this case there seems to have been no regular trial -by the Inquisition, the king having superseded it by his action. In -another more serious case he intervened after trial and sentence to -commute the punishment. In 1326 the aljama of Calatayud subjected itself -to the Inquisition by not only receiving back a woman who had been -baptized but by circumcising two Christians. Tried by the inquisitor and -the Bishop of Tarazona it had been found guilty and it had been -sentenced to a fine of twenty thousand sueldos and its members to -confiscation, but King Jaime, by a cédula of February 6, 1326, released -them from the confiscation and all other penalties on payment of the -fine.[282] - - * * * * * - -[Sidenote: _CURTAILMENT OF PRIVILEGES_] - -Although Castile was slower than Aragon to receive impulses from abroad, -in the early fourteenth century we begin to find traces of a similar -movement of the Church against the Jews. In 1307 the aljama of Toledo -complained to Fernando IV that the dean and chapter had obtained from -Clement V bulls conferring on them jurisdiction over Jews, in virtue of -which they were enforcing the canons against usury and stripping the -Jewish community of its property. At this time there was no question in -Spain, such as we shall see debated hereafter, of the royal prerogative -to control obnoxious papal letters, and Fernando at once ordered the -chapter to surrender the bulls; all action under them was pronounced -void and restitution in double was threatened for all damage inflicted. -The Jews, he said, were his Jews; they were not to be incapacitated -from paying their taxes and the pope had no power to infringe on the -rights of the crown. He instructed Ferran Nuñez de Pantoja to compel -obedience and, after some offenders had been arrested, the frightened -canons surrendered the bulls and abandoned their promising speculation, -but the affair left behind it enmities which displayed themselves -deplorably afterwards.[283] - -In spite of the royal favor and protection, the legislation of the -period commences to manifest a tendency to limit the privileges of the -Jews, showing that popular sentiment was gradually turning against them. -As early as 1286 Sancho IV agreed to deprive them of their special -judges and, though the law was not generally enforced, it indicates the -spirit that called for it and procured its repetition in the Córtes of -Valladolid in 1307.[284] Complaints were loud and numerous of the Jewish -tax-gatherers, and the young Fernando IV was obliged repeatedly to -promise that the revenues should not be farmed out nor their collection -be entrusted to caballeros, ecclesiastics or Jews. The turbulence which -attended his minority and short reign and the minority of his son, -Alfonso XI, afforded a favorable opportunity for the manifestation of -hostility and the royal power was too weak to prevent the curtailment in -various directions of the Jewish privileges.[285] We have seen, in the -preceding chapter, the temper in which the Spanish prelates returned -from the Council of Vienne in 1312 and the proscriptive legislation -enacted by them in the Council of Zamora in 1313 and its successors. -Everything favored the development of this spirit of intolerance, and at -the Córtes of Burgos, in 1315, the regents of the young Alfonso XI -conceded that the Clementine canon, abrogating all laws that permitted -usury, should be enforced, that all mixed actions, civil and criminal, -should be tried by the royal judges, that the evidence of a Jew should -not be received against a Christian while that of a Christian was good -against a Jew, that Jews were not to assume Christian names, Christian -nurses were not to suckle Jews and sumptuary laws were directed against -the luxury of Jewish vestments.[286] - -This may be said to mark the commencement of the long struggle which, in -spite of their wonderful powers of resistance, was to end in the -destruction of the Spanish Jews. Throughout the varying phases of the -conflict, the Church, in its efforts to arouse popular hatred, was -powerfully aided by the odium which the Jews themselves excited through -their ostentation, their usury and their functions as public officials. - -A strong race is not apt to be an amiable one. The Jews were proud of -their ancient lineage and the purity of their descent from the kings and -heroes of the Old Testament. A man who could trace his ancestry to David -would look with infinite scorn on the hidalgos who boasted of the blood -of Lain Calvo and, if the favor of the monarch rendered safe the -expression of his feelings, his haughtiness was not apt to win friends -among those who repaid his contempt with interest. The Oriental fondness -for display was a grievous offence among the people. The wealth of the -kingdom was, to a great extent, in Jewish hands, affording ample -opportunity of contrast between their magnificence and the poverty of -the Christian multitude, and the lavish extravagance with which they -adorned themselves, their women and their retainers, was well fitted to -excite envy more potent for evil because more wide-spread than enmity -arising from individual wrongs.[287] Shortly before the catastrophe, at -the close of the fifteenth century, Affonso V of Portugal, who was -well-affected towards them, asked the chief rabbi, Joseph-Ibn-Jachia, -why he did not prevent his people from a display provocative of the -assertion that their wealth was derived from robbery of the Christians, -adding that he required no answer, for nothing save spoliation and -massacre would cure them of it.[288] - -[Sidenote: _CAUSES OF ENMITY_] - -A more practical and far-reaching cause of enmity was the usury, through -which a great portion of their wealth was acquired. The money-lender has -everywhere been an unpopular character and, in the Middle Ages, he was -especially so. When the Church pronounced any interest or any advantage, -direct or indirect, derived from loans to be a sin for which the sinner -could not be admitted to penance without making restitution; when the -justification of taking interest was regarded as a heresy to be punished -as such by the Inquisition, a stigma was placed on the money-lender, his -gains were rendered hazardous, and his calling became one which an -honorable Christian could not follow.[289] Mercantile Italy early -outgrew these dogmas which retarded so greatly all material development -and it managed to reconcile, _per fas et nefas_, the canons with the -practical necessities of business, but elsewhere throughout Europe, -wherever Jews were allowed to exist, the lending of money or goods on -interest inevitably fell, for the most part, into their hands, for they -were governed by their own moral code and were not subject to the -Church. It exhausted all devices to coerce them through their rulers, -but the object aimed at was too incompatible with the necessities of -advancing civilization to have any influence save the indefinite -postponement of relief to the borrower.[290] - -The unsavoriness of the calling, its risks and the scarcity of coin -during the Middle Ages, conspired to render the current rates of -interest exorbitantly oppressive. In Aragon the Jews were allowed to -charge 20 per cent. per annum, in Castile 33-1/3,[291] and the constant -repetition of these limitations and the provisions against all manner of -ingenious devices, by fictitious sales and other frauds, to obtain an -illegal increase, show how little the laws were respected in the -grasping avarice with which the Jews speculated on the necessities of -their customers.[292] In 1326 the aljama of Cuenca, considering the -legal rate of 33-1/3 per cent. too low, refused absolutely to lend -either money or wheat for the sowing. This caused great distress and the -town-council entered into negotiations, resulting in an agreement by -which the Jews were authorized to charge 40 per cent.[293] In 1385 the -Córtes of Valladolid describe one cause of the necessity of submitting -to whatever exactions the Jews saw fit to impose, when it says that the -new lords, to whom Henry of Trastamara had granted towns and villages, -were accustomed to imprison their vassals and starve and torture them to -force payment of what they had not got, obliging them to get money from -Jews to whom they gave whatever bonds were demanded.[294] Monarchs as -well as peasants were subject to these impositions. In Navarre, a law of -Felipe III, in 1330, limited the rate of interest to 20 per cent. and we -find this paid by his grandson, Carlos III, in 1399, for a loan of 1000 -florins but, in 1401, he paid at the rate of 35 per cent. for a loan of -2000 florins, and in 1402 his queen, Doña Leonor, borrowed 70 florins -from her Jewish physician Abraham at four florins a month, giving him -silver plate as security; finding at the end of twenty-one months that -the interest amounted to 84 florins, she begged a reduction and he -contented himself with 30 florins.[295] - -When money could be procured in no other way, when the burgher had to -raise it to pay his taxes or the extortions of his lord and the -husbandman had to procure seed-corn or starve, it is easy to see how all -had to submit to the exactions of the money-lender; how, in spite of -occasional plunder and scaling of debts, the Jews absorbed the floating -capital of the community and how recklessly they aided the frailes in -concentrating popular detestation on themselves. It was in vain that the -Ordenamiento de Alcalá, in 1348, prohibited usury to Moors and Jews as -well as to Christians; it was an inevitable necessity and it continued -to flourish.[296] - -[Sidenote: _CAUSES OF ENMITY_] - -Equally effective in arousing antipathy were the functions of the Jews -as holders of office and especially as _almojarifes_ and -_recabdores_--farmers of the revenues and collectors of taxes, which -brought them into the closest and most exasperating relations with the -people. In that age of impoverished treasuries and rude financial -expedients, the customary mode of raising funds was by farming out the -revenues to the highest bidder of specific sums; as the profit of the -speculation depended on the amount to be wrung from the people, the -subordinate collectors would be merciless in exaction and indefatigable -in tracing out delinquents, exciting odium which extended to all the -race. It was in vain that the Church repeatedly prohibited the -employment of Jews in public office. Their ability and skill rendered -them indispensable to monarchs, nobles, and prelates, and the complaints -which arose against them on all sides were useless. Thus in the quarrel -between the chapter of Toledo and the great Archbishop Rodrigo, in which -the former appealed to Gregory IX, in 1236, one of the grievances -alleged is that he appointed Jews to be provosts of the common table of -the chapter, thus enabling them to defraud the canons; they even passed -through the church and often entered the chapter-house itself to the -great scandal of all Christians; they collected the tithes and thirds -and governed the vassals and possessions of the Church, greatly -enriching themselves by plundering the patrimony of the Crucified, -wherefore the pope was earnestly prayed to expel the Jews from these -offices and compel them to make restitution.[297] - -When prelates such as Archbishop Rodrigo paid so little heed to the -commands of the Church, it is not to be supposed that monarchs were more -obedient or were disposed to forego the advantages derivable from the -services of these accomplished financiers. How these men assisted their -masters while enriching themselves is exemplified by Don Çag de la -Maleha, _almojarife mayor_ to Alfonso X. When the king, in 1257, was -raising an army to subdue Aben-Nothfot, King of Niebla, Don Çag -undertook to defray all the expenses of the campaign in consideration of -the assignment to him of certain taxes, some of which he was still -enjoying in 1272.[298] It was useless for the people who groaned under -the exactions of these efficient officials to protest against their -employment and to extort from the monarchs repeated promises no longer -to employ them. The promises were never kept and, until the reign of -Ferdinand and Isabella, this source of irritation continued. There was, -it is true, one exception, the result of which was not conducive to a -continuance of the experiment. In 1385 the Córtes of Valladolid obtained -from Juan I a decree prohibiting the employment of Jews as -tax-collectors, not only by the king but also by prelates and nobles, in -consequence of which ecclesiastics obtained the collection of the royal -revenues, but when they were called upon to settle they excommunicated -the alcaldes who sought to compel payment, leading to great confusion -and bitterer complaints than ever.[299] - -When the Jews thus gave grounds so ample for popular dislike, it says -much for the kindly feeling between the races that the efforts of the -Church to excite a spirit of intolerance made progress so slow. These -took form, as a comprehensive and systematic movement at the Council of -Zamora, in 1313, and its successors, described in the preceding chapter, -but in spite of them Alfonso XI continued to protect his Jewish subjects -and the labors of the good fathers awoke no popular response. In Aragon -a canon of the Council of Lérida, in 1325, forbidding Christians to be -present at Jewish weddings and circumcisions, shows how fruitless as yet -had been the effort to produce mutual alienation.[300] - -[Sidenote: _THE BLACK DEATH_] - -Navarre had the earliest foretaste of the wrath to come. It was then -under its French princes and, when Charles le Bel died, February 1, -1328, a zealous Franciscan, Fray Pedro Olligoyen, apparently taking -advantage of the interregnum, stirred, with his eloquent preaching, the -people to rise against the Jews, and led them to pillage and slaughter. -The storm burst on the aljama of Estella, March 1st, and rapidly spread -throughout the kingdom. Neither age nor sex was spared and the number of -victims is variously estimated at from six to ten thousand. Queen Jeanne -and her husband Philippe d'Evreux, who succeeded to the throne, caused -Olligoyen to be prosecuted, but the result is not known. They further -speculated on the terrible massacre by imposing heavy fines on Estella -and Viana and by seizing the property of the dead and fugitive Jews, and -they also levied on the ruined aljamas the sum of fifteen thousand -livres to defray their coronation expenses. Thus fatally weakened, the -Jews of Navarre were unable to endure the misfortunes of the long and -disastrous reign of Charles le Mauvais (1350-1387). A general emigration -resulted, to arrest which Charles prohibited the purchase of landed -property from Jews without special royal license. A list of taxables, in -1366, shows only 453 Jewish families and 150 Moorish, not including -Pampeluna, where both races were taxable by the bishop. Although Charles -and his son Charles le Noble (1387-1425) had Jews for almojarifes, it -was in vain that they endeavored to allure the fugitives back by -privileges and exemptions. The aljamas continued to dwindle until the -revenue from them was inconsiderable.[301] - -In Castile and Aragon the Black Death caused massacres of Jews, as -elsewhere throughout Europe, though not so wide-spread and terrible. In -Catalonia the troubles commenced at Barcelona and spread to other -places, in spite of the efforts of Pedro IV, both in prevention and -punishment. They had little special religious significance, but were -rather the result of the relaxation of social order in the fearful -disorganization accompanying the pestilence and, after it had passed, -the survivors, Christians, Jews and Mudéjares were for a moment knit -more closely together in the bonds of a common humanity.[302] It is to -the credit of Clement VI that he did what he could to arrest the -fanaticism which, especially in Germany, offered to the Jews the -alternative of death or baptism. Following, as he said, in the footsteps -of Calixtus II, Eugenius III, Alexander III, Clement III, Coelestin -III, Innocent III, Gregory IX, Nicholas III, Honorius IV and Nicholas -IV, he pointed out the absurdity of attributing the plague to the Jews. -They had offered to submit to judicial examination and sentence, besides -which the pestilence raged in lands where there were no Jews. He -therefore ordered all prelates to proclaim to the people assembled for -worship that Jews were not to be beaten, wounded, or slain and that -those who so treated them were subjected to the anathema of the Holy -See. It was a timely warning and worthy of one who spoke in the name of -Christ, but it availed little to overcome the influence of the assiduous -teaching of intolerance through so many centuries.[303] - -[Sidenote: _INCREASING HOSTILITY_] - -When Pedro the Cruel ascended the throne of Castile, in 1350, the Jews -might reasonably look forward to a prosperous future, but his reign in -reality proved the turning-point in their fortunes. He surrounded -himself with Jews and confided to them the protection of his person, -while the rebellious faction, headed by Henry of Trastamara, his -illegitimate brother, declared themselves the enemies of the race and -used Pedro's favor for them as a political weapon. He was asserted to be -a Jew, substituted for a girl born of Queen María whose husband, -Alfonso XI, was said to have sworn that he would kill her if she did not -give him a boy. It was also reported that he was no Christian but an -adherent to the Law of Moses and that the government of Castile was -wholly in the hands of Jews. It was not difficult therefore to arouse -clerical hostility, as manifested by Urban V, who denounced him as a -rebel to the Church, a fautor of Jews and Moors, a propagator of -infidelity and a slayer of Christians.[304] Of this the insurgents took -full advantage and demonstrated their piety in the most energetic -manner. When, in 1355, Henry of Trastamara and his brother, the Master -of Santiago, entered Toledo to liberate Queen Blanche, who was confined -in the alcázar, they sacked the smaller Judería and slew its twelve -hundred inmates without sparing sex or age. They also besieged the -principal Judería, which was walled around and defended by Pedro's -followers until his arrival with reinforcements drove off the -assailants.[305] Five years later when, in 1360, Henry of Trastamara -invaded Castile with the aid of Pedro IV of Aragon, on reaching Najara -he ordered a massacre of the Jews and, as Ayala states that this was -done to win popularity, it may be assumed that free license for pillage -was granted. Apparently stimulated by this example the people of Miranda -del Ebro, led by Pero Martínez, son of the precentor and by Pero Sánchez -de Bañuelas, fell upon the Jews of their town, but King Pedro hastened -thither and, as a deterrent example, boiled the one leader and roasted -the other.[306] When at length, in 1366, Henry led into Spain Bertrand -de Guesclin and his hordes of Free Companions, the slaughter of the Jews -was terrible. Multitudes fled and the French chronicler deplores the -number that sought refuge in Paris and preyed upon the people with their -usuries. The aljama of Toledo purchased exemption with a million of -maravedís, raised in ten days, to pay off the mercenaries but, as the -whole land lay for a time at the mercy of the reckless bands, slaughter -and pillage were general. Finally the fratricide at Montiel, in 1369, -deprived the Jews of their protector and left Henry undisputed master of -Castile.[307] What they had to expect from him was indicated by his -levying, June 6, 1369, within three months of his brother's murder, -twenty thousand doblas on the Judería of Toledo and authorizing the sale -at auction, not only of the property of the inmates, but of their -persons into slavery, or their imprisonment in chains with starvation or -torture, until the amount should be raised. It was doubtless to earn -popularity that about the same time he released all Christians and Moors -from obligation to pay debts due to Jews, though he was subsequently -persuaded to rescind this decree, which would have destroyed the ability -of the Jews to pay their imposts.[308] - -Yet the Jews were indispensable in the conduct of affairs and Henry was -obliged to employ them, like his predecessors. His _contador mayor_ was -Yuçaf Pichon, a Jew of the highest consideration, who incurred the -enmity of some of the leaders of his people. They accused him to the -king, who demanded of him forty thousand doblas, which sum he paid -within twenty days. With rancor unsatisfied, when Henry died, in 1379, -and his son Juan I came to Burgos to be crowned, they obtained from him -an order to his alguazil to put to death a mischief-making Jew whom they -would designate. Armed with this they took the alguazil to Pichon's -house in the early morning, called him on some pretext from his bed and -pointed him out as the designated person to the alguazil, who killed him -on the spot. Juan was greatly angered; the alguazil was punished with -the loss of a hand, the judge of the Judería of Burgos was put to death -and the Jews of Castile were deprived of jurisdiction over the lives of -their fellows.[309] - -We have already seen how the legislation of this period was rapidly -taking a direction unfavorable to the Jews. The accession of the House -of Trastamara had distinctly injured their position, the Church had -freer scope to excite popular prejudice, while their retention as -tax-collectors and their usurious practices afforded ample material for -the stimulation of popular vindicativeness. The condition existed for a -catastrophe, and the man to precipitate it was not lacking. Ferran -Martínez, Archdeacon of Ecija and Official, or judicial representative -of the Archbishop of Seville, Pedro Barroso, was a man of indomitable -firmness and, though without much learning, was highly esteemed for his -unusual devoutness, his solid virtue and his eminent charity--which -latter quality he evinced in founding and supporting the hospital of -Santa María in Seville.[310] Unfortunately he was a fanatic and the Jews -were the object of his remorseless zeal, which his high official -position gave him ample opportunity of gratifying. In his sermons he -denounced them savagely and excited popular passion against them, -keeping them in constant apprehension of an outbreak while, as -ecclesiastical judge, he extended his jurisdiction illegally over them, -to their frequent damage. In conjunction with other episcopal officials -he issued letters to the magistrates of the towns ordering them to expel -the Jews--letters which he sought to enforce by personal visitations. -The aljama of Seville, the largest and richest in Castile, appealed to -the king and, little as Henry of Trastamara loved the Jews, the -threatened loss to his finances led him, in August, 1378, to formally -command Martínez to desist from his incendiary course, nor was this the -first warning, as is shown by allusions to previous letters of the same -import. To this Martínez paid no obedience and the aljama had recourse -to Rome, where it procured bulls for its protection, which Martínez -disregarded as contemptuously as he had the royal mandate. Complaint was -again made to the throne and Juan I, in 1382, repeated his father's -commands to no effect, for another royal letter of 1383 accuses Martínez -of saying in his sermons that he knew the king would regard as a service -any assault or slaying of the Jews and that impunity might be relied -upon. For this he was threatened with punishment that would make an -example of him, but it did not silence him and, in 1388, the frightened -aljama summoned him before the alcaldes and had the three royal letters -read, summoning him to obey them. He replied with insults and, a week -later, put in a formal answer in which he said that he was but obeying -Christ and the laws and that, if he were to execute the laws, he would -tear down the twenty-three synagogues in Seville as they had all been -illegally erected.[311] - -[Sidenote: _THE MASSACRES OF 1391_] - -The dean and chapter became alarmed and appealed to the king, but Juan, -in place of enforcing his neglected commands, replied that he would look -into the matter; the zeal of the archdeacon was holy, but it must not -be allowed to breed disturbance for, although the Jews were wicked, they -were under the royal protection. This vacillation encouraged Martínez -who labored still more strenuously to inflame the people, newly -prejudiced against the Jews by the murder of Yuçaf Pichon, who had been -greatly beloved by all Seville.[312] No one dared to interfere in their -defence, but Martínez furnished an opportunity of silencing him by -calling in question in his sermons the powers of the pope in certain -matters. He was summoned before an assembly of theologians and doctors, -when he was as defiant of the episcopal authority as of the royal, -rendering himself contumacious and suspect of heresy, wherefore on -August 2, 1389, Archbishop Barroso suspended him both as to jurisdiction -and preaching until his trial should be concluded.[313] This gave the -Jews a breathing-space, but Barroso died, July 7, 1390, followed, -October 9, by Juan I. The chapter must have secretly sympathized with -Martínez, for it elected him one of the provisors of the diocese _sede -vacante_, thus clothing him with increased power, and we hear nothing -more of the trial for heresy.[314] - -Juan had left as his successor Henry III, known as _El Doliente_, or the -Invalid, a child of eleven, and quarrels threatening civil war at once -arose over the question of the regency. Martínez now had nothing to fear -and he lost no time in sending, December 8th, to the clergy of the towns -in the diocese, commands under pain of excommunication to tear down -within three hours the synagogues of the enemies of God calling -themselves Jews; the building materials were to be used for the repair -of the churches; if resistance was offered it was to be suppressed by -force and an interdict be laid on the town until the good work was -accomplished.[315] These orders were not universally obeyed but enough -ruin was wrought to lead the frightened aljama of Seville to appeal to -the regency, threatening to leave the land if they could not be -protected from Martínez. The answer to this was prompt and decided. On -December 22d a missive was addressed to the dean and chapter and was -officially read to them, January 10, 1391. It held them responsible for -his acts as they had elected him provisor and had not checked him; he -must be at once removed from office, be forced to abstain from preaching -and to rebuild the ruined synagogues, in default of which they must make -good all damages and incur a fine of a thousand gold doblas each with -other arbitrary punishments. Letters of similar import were addressed at -the same time to Martínez himself. On January 15th the chapter again -assembled and presented its official reply, which deprived Martínez of -the provisorship, forbade him to preach against the Jews and required -him within a year to rebuild all synagogues destroyed by his orders. -Then Martínez arose and protested that neither king nor chapter had -jurisdiction over him and their sentences were null and void. The -synagogues had been destroyed by order of Archbishop Barroso--two of -them in his lifetime--and they had been built illegally without licence. -His defiant answer concluded with a declaration that he repented of -nothing that he had done.[316] - -[Sidenote: _THE MASSACRES OF 1391_] - -The result justified the dauntless reliance of Martínez on the popular -passion which he had been stimulating for so many years. What answer the -regency made to this denial of its jurisdiction the documents fail to -inform us, but no effective steps were taken to restrain him. His -preaching continued as violent as ever and the Seville mob grew more and -more restless in the prospect of gratifying at once its zeal for the -faith and its thirst for pillage. In March the aspect of affairs was -more alarming than ever; the rabble were feeling their way, with -outrages and insults, and the Judería was in hourly danger of being -sacked. Juan Alonso Guzman, Count of Niebla, the most powerful noble of -Andalusia, was adelantado of the province and alcalde mayor of Seville -and his kinsman, Alvar Pérez de Guzman, was alguazil mayor. On March -15th they seized some of the most turbulent of the crowd and proceeded -to scourge two of them but, in place of awing the populace, this led to -open sedition. The Guzmans were glad to escape with their lives and -popular fury was directed against the Jews, resulting in considerable -bloodshed and plunder, but at length the authorities, aided by the -nobles, prevailed and order was apparently restored. By this time the -agitation was spreading to Córdova, Toledo, Burgos and other places. -Everywhere fanaticism and greed were aroused and the Council of Regency -vainly sent pressing commands to all the large cities, in the hope of -averting the catastrophe. Martínez continued his inflammatory harangues -and sought to turn to the advantage of religion the storm which he had -aroused, by procuring a general forcible conversion of the Jews. The -excitement increased and, on June 9th the tempest broke in a general -rising of the populace against the Judería. Few of its inhabitants -escaped; the number of slain was estimated at four thousand and those of -the survivors who did not succeed in flying only saved their lives by -accepting baptism. Of the three synagogues two were converted into -churches for the Christians who settled in the Jewish quarter and the -third sufficed for the miserable remnant of Israel which slowly gathered -together after the storm had passed.[317] - -From Seville the flame spread through the kingdoms of Castile from shore -to shore. In the paralysis of public authority, during the summer and -early autumn of 1391, one city after another followed the example; the -Juderías were sacked, the Jews who would not submit to baptism were -slain and fanaticism and cupidity held their orgies unchecked. The Moors -escaped, for though many wished to include them in the slaughter, they -were restrained by a wholesome fear of reprisals on the Christian -captives in Granada and Africa. The total number of victims was -estimated at fifty thousand, but this is probably an exaggeration. For -this wholesale butchery and its accompanying rapine there was complete -immunity. In Castile there was no attempt made to punish the guilty. It -is true that when Henry attained his majority, in 1395, and came to -Seville, he caused Martínez to be arrested, but the penalty inflicted -must have been trivial, for we are told that it did not affect the high -estimation in which he was held and, on his death in 1404, he bequeathed -valuable possessions to the Hospital of Santa María. The misfortunes of -the aljama of Seville were rendered complete when, in January, 1396, -Henry bestowed on two of his favorites all the houses and lands of the -Jews there and in May he followed this by forbidding that any of those -concerned in the murder and pillage should be harassed with punishment -or fines.[318] - -In Aragon there was a king more ready to meet the crisis and the warning -given at Seville was not neglected. Popular excitement was manifesting -itself by assaults, robberies and murders in many places. In the city of -Valencia, which had a large Jewish population, the authorities exerted -themselves to repress these excesses and King Juan I ordered gallows to -be erected in the streets, while a guard made nightly rounds along the -walls of the Judería. These precautions and the presence of the Infante -Martin, who was recruiting for an expedition to Sicily, postponed the -explosion, but it came at last. On Sunday, July 9, 1391, a crowd of -boys, with crosses made of cane and a banner, marched to one of the -gates of the Judería, crying death or baptism for the Jews. By the time -the gate was closed a portion of the boys were inside and those excluded -shouted that the Jews were killing their comrades. Hard by there was a -recruiting station with its group of idle vagabonds, who rushed to the -Judería and the report spread through the city that the Jews were -slaying Christians. The magistrates and the Infante hastened to the -gate, but the frightened Jews kept it closed and thus they were -excluded, while the mob effected entrance from adjoining houses and by -the old rampart below the bridge. The Judería was sacked and several -hundred Jews were slain before the tumult could be suppressed. -Demonstrations were also made on the Morería, but troops were brought up -and the mob was driven back. Some seventy or eighty arrests were made -and the next day a searching investigation as to the vast amount of -plunder led to the recovery of much of it.[319] - -[Sidenote: _THE MASSACRES OF 1391_] - -This added to the agitation which went on increasing. With August 4th -came the feast of St. Dominic, when the Dominicans were everywhere -conspicuous and active. The next day, as though in concert, the tempest -burst in Toledo and Barcelona--in the former city with fearful massacre -and conflagration. In the latter, despite the warning at Valencia, the -authorities were unprepared when the mob arose and rushed into the -_call_ or Jewry, slaying without mercy. A general demand for baptism -went up and, when the civic forces arrived the slaughter was stopped, -but the plunder continued. Some of the pillagers were arrested, and -among them a few Castilians who, as safe victims, were condemned to -death the next day. Under pretext that this was unjust the mob broke -into the gaol and liberated the prisoners. Then the cry arose to finish -with the Jews, who had taken refuge in the Castillo Nuevo, which was -subjected to a regular siege. Ringing the bells brought in crowds of -peasants eager for disorder and spoil. The Baylía was attacked and the -registers of crown property destroyed, in the hope of evading taxes. On -August 8th the Castillo Nuevo was entered and all Jews who would not -accept baptism were put to the sword; the castle was sacked and the -peasants departed laden with booty. The Judería of Barcelona must have -been small, for the number of slain was estimated at only three -hundred.[320] - -At Palma, the capital of Majorca, some three hundred Jews were put to -death and the rest escaped only by submitting to baptism. The riots -continued for some time and spread to attacks on the public buildings, -until the gentlemen of the city armed themselves and, after a stubborn -conflict, suppressed the disturbance. The chief aljamas of the kingdom -were the appanage of the queen consort and Queen Violante made good her -losses by levying on the island a fine of 150,000 gold florins. The -gentlemen of Palma remonstrated at the hardship of being punished after -putting down the rioters; she reduced the fine to 120,000, swearing by -the life of her unborn child that she would have justice. The fine was -paid and soon afterwards she gave birth to a still-born infant.[321] -Thus in one place after another--Gerona, Lérida, Saragossa--the -subterranean flame burst forth, fed by the infernal passions of -fanaticism, greed and hatred. It seems incredible that, with the royal -power resolved to protect its unhappy subjects, these outrages should -have continued throughout the summer into autumn for, when the local -authorities were determined to suppress these uprisings, as at Murviedro -and Castellon de la Plana, they were able to do so.[322] - -If Juan I was unable to prevent the massacres he at least was determined -not to let them pass unpunished; many executions followed and some -commutations for money payments were granted.[323] The aljama of -Barcelona had been a source of much profit to the crown and he strove to -re-establish it in new quarters, offering various privileges and -exemptions to attract newcomers. It was crushed however beyond -resuscitation; but few of its members had escaped by hiding; nearly all -had been slain or baptized and, great as were the franchises offered, -the memory of the catastrophe seems to have outweighed them. In 1395 the -new synagogue was converted into a church or monastery of Trinitarian -monks and the wealthy aljama of Barcelona, with its memories of so many -centuries, ceased to exist.[324] About the year 1400, the city obtained -a privilege which prohibited the formation of a Judería or the residence -of a Jew within its limits. Antipathy to Judaism, as we shall see, was -rapidly increasing and when, in 1425, Alfonso VI confirmed this -privilege he decreed that all Jews then in the city should depart within -sixty days, under penalty of scourging, and thereafter a stay of fifteen -days was the utmost limit allowed for temporary residence.[325] - - * * * * * - -[Sidenote: _EFFECTS OF THE MASSACRES_] - -If I have dwelt in what may seem disproportionate length on this _guerra -sacra contra los Judios_, as Villanueva terms these massacres,[326] it -is because they form a turning-point in Spanish history. In the -relations between the races of the Peninsula the old order of things was -closed and the new order, which was to prove so benumbing to material -and intellectual development, was about to open. The immediate results -were not long in becoming apparent. Not only was the prosperity of -Castile and Aragon diminished by the shock to the commerce and industry -so largely in Jewish hands, but the revenues of the crown, the churches -and the nobles, based upon the taxation of the Jews, suffered -enormously. Pious foundations were ruined and bishops had to appeal to -the king for assistance to maintain the services of their cathedrals. Of -the Jews who had escaped, the major portion had only done so by -submitting to baptism and these were no longer subject to the capitation -tax and special imposts which had furnished the surest part of the -income of cities, prelates, nobles and sovereigns.[327] Still the -converted Jews, with their energy and intelligence remained, unfettered -and unhampered in the pursuit of wealth and advancement, which was to -benefit the community as well as themselves. It was reserved for a -further progress in the path now entered to deprive Spain of the -services of her most industrious children. - -The most deplorable result of the massacres was that they rendered -inevitable this further progress in the same direction. The Church had -at last succeeded in opening the long-desired chasm between the races. -It had looked on in silence while the Archdeacon of Ecija was bringing -about the catastrophe and pope and prelate uttered no word to stay the -long tragedy of murder and spoliation, which they regarded as an act of -God to bring the stubborn Hebrew into the fold of Christ. Henceforth the -old friendliness between Jew and Christian was, for the most part, a -thing of the past. Fanaticism and intolerance were fairly aroused, to -grow stronger with each generation as fresh wrongs and oppression -widened the abyss between believer and unbeliever and as new preachers -of discord arose to teach the masses that kindness to the Jew was sin -against God. Thus gradually the Spanish character changed until it was -prepared to accept the Inquisition, which, by a necessary reaction, -stimulated the development of bigotry until Spain became what we shall -see it in the sixteenth and seventeenth centuries. - -That the Archdeacon of Ecija was in reality the remote founder of the -Inquisition will become evident when we consider the fortunes of the new -class created by the massacres of 1391--that of the converted Jews, -known as New Christians, Marranos or Conversos. Conversion, as we have -seen, was always favored by the laws and the convert was received with a -heartiness of social equality which shows that as yet there was no -antagonism of race but only of religion. The Jew who became a Christian -was eligible to any position in Church or State or to any matrimonial -alliance for which his abilities or character fitted him, but -conversions had hitherto been too rare and the converts, for the most -part, too humble, for them to play any distinctive part in the social -organization. While the massacres, doubtless, were largely owing to the -attractions of disorder and pillage, the religious element in them was -indicated by the fact that everywhere the Jews were offered the -alternative of baptism and that where willingness was shown to embrace -Christianity, slaughter was at once suspended. The pressure was so -fierce and overwhelming that whole communities were baptized, as we have -seen at Barcelona and Palma. At Valencia, an official report, made on -July 14th, five days after the massacre, states that all the Jews, -except a few who were in hiding, had already been baptized; they came -forward demanding baptism in such droves that, in all the churches, the -holy chrism was exhausted and the priests knew not where to get more, -but each morning the _crismera_ would be found miraculously filled, so -that the supply held out, nor was this by any means the only sign that -the whole terrible affair was the mysterious work of Providence to -effect so holy an end. The chiefs of the synagogues were included among -the converts and we can believe the statement, current at the time, that -in Valencia alone the conversions amounted to eleven thousand. Moreover -it was not only in the scenes of massacre that this good work went on. -So startling and relentless was the slaughter that panic destroyed the -unyielding fortitude so often manifested by the Jews under trial. In -many places they did not wait for a rising of the Christians but, at the -first menace, or even in mere anticipation of danger, they came eagerly -forward and clamored to be admitted into the Church. In Aragon the total -number of conversions was reckoned at a hundred thousand and in Castile -as certainly not less and this is probably no great exaggeration.[328] -Neophytes such as these could scarce be expected to prove steadfast in -their new faith. - -[Sidenote: _RISE OF THE CONVERSOS_] - -In this tempest of proselytism the central figure was San Vicente -Ferrer, to the fervor of whose preaching posterity attributed the -popular excitement leading to the massacres.[329] This doubtless does -him an injustice, but the fact that he was on hand in Valencia on the -fatal 9th of July, may perhaps be an indication that the affair was -prearranged. His eloquence was unrivalled; immense crowds assembled to -drink in his words; no matter what was the native language of the -listener, we are told that his Catalan was intelligible to Moor, Greek, -German, Frenchman, Italian and Hungarian, while the virtue which flowed -from him on these occasions healed the infirm and repeatedly restored -the dead to life.[330] Such was the man who, during the prolonged -massacres and subsequently, while the terror which they excited -continued to dominate the unfortunate race, traversed Spain from end to -end, with restless and indefatigable zeal, preaching, baptizing and -numbering his converts by the thousand--on a single day in Toledo he is -said to have converted no less than four thousand. It is to be hoped -that, in some cases at least, he may have restrained the murderous mob, -if only by hiding its victims in the baptismal font. - -The Jews slowly recovered themselves from the terrible shock; they -emerged from their concealment and endeavored, with characteristic -dauntless energy, to rebuild their shattered fortunes. Now, however, -with diminished numbers and exhausted wealth, they had to face new -enemies. Not only was Christian fanaticism inflamed and growing even -stronger, but the wholesale baptisms had created the new class of -Conversos, who were thenceforward to become the deadliest opponents of -their former brethren. Many chiefs of the synagogue, learned rabbis and -leaders of their people, had cowered before the storm and had embraced -Christianity. Whether their conversion was sincere or not, they had -broken with the past and, with the keen intelligence of their race, they -could see that a new career was open to them in which energy and -capacity could gratify ambition, unfettered by the limitations -surrounding them in Judaism. That they should hate, with an exceeding -hatred, those who had proved true to the faith amid tribulation was -inevitable. The renegade is apt to be bitterer against those whom he has -abandoned than is the opponent by birthright and, in such a case as -this, consciousness of the contempt felt by the steadfast children of -Israel for the weaklings and worldlings who had apostatized from the -faith of their fathers gave a keener edge to enmity. From early times -the hardest blows endured by Judaism had always been dealt by its -apostate children, whose training had taught them the weakest points to -assail and whose necessity of self-justification led them to attack -these mercilessly. In 1085, Rabbi Samuel of Morocco came from Fez and -was baptized at Toledo, when he wrote a tract[331] to justify himself -which had great currency throughout the middle ages. Rabbi Moses, one of -the most learned Jews of his time, who was converted in 1106, wrote a -dissertation to prove that the Jews had abandoned the laws of Moses -while the Christians were fulfilling them.[332] It was Nicholas de -Rupella, a converted Jew, who started the long crusade against the -Talmud by pointing out, in 1236, to Gregory IX the blasphemies which it -contains against the Savior.[333] We have seen the troubles excited in -Aragon by the disputatious Converso, Fray Pablo Christía, and he was -followed by another Dominican convert, Ramon Martin, in his celebrated -_Pugio Fidei_. In this work, which remained an authority for centuries, -he piled up endless quotations from Jewish writers to prove that the -race was properly reduced to servitude and he stimulated the bitterness -of hatred by arguing that Jews esteemed it meritorious to slay and cheat -and despoil Christians.[334] - -[Sidenote: _OPPRESSION OF THE JEWS_] - -The most prominent among the new Conversos was Selemoh Ha-Levi, a rabbi -who had been the most intrepid defender of the faith and rights of his -race. On the eve of the massacres, which perhaps he foresaw, and -influenced by an opportune vision of the Virgin, in 1390, he professed -conversion, taking the name of Pablo de Santa María, and was followed by -his two brothers and five sons, founding a family of commanding -influence. After a course in the University of Paris he entered the -Church, rising to the see of Cartagena and then to that of Burgos, which -he transmitted to his son Alfonso. At the Córtes of Toledo, in 1406, he -so impressed Henry III that he was appointed tutor and governor of the -Infante Juan II, Mayor of Castile and a member of the Royal Council. -When, in the course of the same year, the king died he named Pablo among -those who were to have the conduct and education of Juan during his -minority; when the regent, Fernando of Antequera, left Castile to assume -the crown of Aragon, he appointed Pablo to replace him, and the pope -honored him with the position of legate _a latere_. In 1432, in his -eighty-first year, he wrote his _Scrutinium Scripturarum_ against his -former co-religionists. It is more moderate than is customary in these -controversial writings and seems to have been composed rather as a -justification of his own course.[335] - -Another prominent Converso was the Rabbi Jehoshua Ha-Lorqui, who took -the name of Gerónimo de Santafé and founded a family almost as powerful -as the Santa Marías. He too showed his zeal in the book named -_Hebræomastix_, in which he exaggerated the errors of the Jews in the -manner best adapted to excite the execration of Christians. Another -leading Converso family was that of the Caballerías, of which eight -brothers were baptized and one of them, Bonafos, who called himself -Micer Pedro de la Caballería, wrote, in 1464, the _Celo de Cristo contra -los Judíos_ in which he treated them with customary obloquy as the -synagogue of Satan and argues that the hope of Christianity lies in -their ruin.[336] In thus stimulating the spirit of persecuting -fanaticism we shall see how these men sowed the wind and reaped the -whirlwind. - -Meanwhile the position of the Jews grew constantly more deplorable. -Decimated and impoverished, they were met by a steadily increasing -temper of hatred and oppression. The massacres of 1391 had been followed -by a constant stream of emigration to Granada and Portugal, which -threatened to complete the depopulation of the aljamas and, with the -view of arresting this, Henry III, in 1395, promised them the royal -protection for the future. The worth of that promise was seen in 1406, -when in Córdova the remnant of the Judería was again assailed by the -mob, hundreds of Jews were slain and their houses were sacked and burnt. -It is true that the king ordered the magistrates to punish the guilty -and expressed his displeasure by a fine of twenty-four thousand doblas -on the city, but he had, the year before, in the Córtes of 1405, -assented to a series of laws depriving the Jews at once of property and -of defence, by declaring void all bonds of Christians held by them, -reducing to one-half all debts due to them and requiring a Christian -witness and the debtor's acknowledgement for the other half, annulling -their privileges in the trial of mixed cases and requiring the hateful -red circle to be worn except in travelling, when it could be laid aside -in view of the murders which it invited.[337] - -This was cruel enough, yet it was but a foretaste of what was in store. -In 1410, when the Queen-regent Doña Catalina was in Segovia, there was -revealed a sacrilegious attempt by some Jews to maltreat a consecrated -host. The story was that the sacristan of San Fagun had pledged it as -security for a loan--the street in which the bargain was made acquiring -in consequence the name of _Calle del Mal Consejo_. The Jews cast it -repeatedly into a boiling caldron, when it persistently arose and -remained suspended in the air, a miracle which so impressed some of them -that they were converted and carried the form to the Dominican convent -and related the facts. The wafer was piously administered in communion -to a child who died in three days. Doña Catalina instituted a vigorous -investigation which implicated Don Mayr, one of the most prominent Jews -in the kingdom, whose services as physician had prolonged the life of -the late king. He was subjected to torture sufficient to elicit not only -his participation in the sacrilege but also that he had poisoned his -royal master. The convicts were drawn through the streets and quartered, -as were also some others who in revenge had attempted to poison Juan de -Tordesillas, the Bishop of Segovia. The Jewish synagogue was converted -into the church of Corpus Christi and an annual procession still -commemorates the event. San Vicente Ferrer turned it to good account, -for we are told that in 1411 he almost destroyed the remnants of Judaism -in the bishopric.[338] - -[Sidenote: _OPPRESSION OF THE JEWS_] - -The affair made an immense impression especially, it would seem, on San -Vicente, convincing him of the advisability of forcing the Jews into the -bosom of the Church by reducing them to despair. At Ayllon, in 1411, he -represented to the regents the necessity of further repressive -legislation and his eloquence was convincing.[339] The _Ordenamiento de -Doña Catalina_, promulgated in 1412 and drawn up by Pablo de Santa María -as Chancellor of Castile, was the result. By this rigorous measure, Jews -and Moors, under savage and ruinous penalties, were not only required to -wear the distinguishing badges, but to dress in coarse stuffs and not to -shave or to cut the hair round. They could not change their abodes and -any nobleman or gentleman receiving them on his lands was heavily fined -and obliged to return them whence they came, while expatriation was -forbidden under pain of slavery. Not only were the higher employments of -farming the revenues, tax-collecting, and practising as physicians and -surgeons forbidden, but any position in the households of the great and -numerous trades, such as those of apothecaries, grocers, farriers, -blacksmiths, peddlers, carpenters, tailors, barbers, and butchers. They -could not carry arms or hire Christians to work in their houses or on -their lands. That they should be forbidden to eat, drink or bathe with -Christians, or be with them in feasts and weddings, or serve as -god-parents was a matter of course under the canon law, but now even -private conversation between the races was prohibited, nor could they -sell provisions to Christians or keep a shop or ordinary for them. It is -perhaps significant that nothing was said about usury. Money-lending was -almost the only occupation remaining open, while the events of the last -twenty years had left little capital wherewith to carry it on and the -laws of 1405 had destroyed all sense of security in making loans. They -were moreover deprived of the guarantees so long enjoyed and were -subjected to the exclusive jurisdiction, civil and criminal, of the -Christians.[340] They were thus debarred from the use of their skill and -experience in the higher pursuits, professional and industrial, and were -condemned to the lowest and rudest forms of labor; in fine, a wall was -built around them from which their only escape was through the baptismal -font. Fernando of Antequera carried the law in all its essentials to -Aragon and King Duarte adopted it in Portugal, so that it ruled the -whole Peninsula except the little kingdom of Navarre where Judaism was -already almost extinct. It is significant that Fernando, in promulgating -it in Majorca, alleged in justification the complaints of the -inquisitors as to the social intercourse between Jews and -Christians.[341] - -While San Vicente and Pablo de Santa María were thus engaged in reducing -to despair the Jews of Castile, the other great Converso, Gerónimo de -Santafé, was laboring in a more legitimate way for their conversion in -Aragon. He had been appointed physician to the Avignonese pope, Benedict -XIII, who had been obliged to cross the Pyrenees, and who, on November -25, 1412, summoned the aljamas of Aragon to send, in the following -January, their most learned rabbis to San Mateo, near Tortosa, for a -disputation with Gerónimo on the proposition that the Messiah had come. -Fourteen rabbis, selected from the synagogues of all Spain, with Vidal -ben Veniste at their head, accepted the challenge. The debate opened, -February 7, 1414, under the presidency of Benedict himself, who warned -them that the truth of Christianity was not to be discussed but only -sixteen propositions put forward by Gerónimo, thus placing them wholly -on the defensive. Despite this disadvantage they held their ground -tenaciously during seventy-nine sessions, prolonged through a term of -twenty-one months. Gerónimo covered himself with glory by his unrivalled -dialectical subtilty and exhaustless stores of learning and his triumph -was shown by his producing a division between his opponents.[342] - -[Sidenote: _OPPRESSION OF THE JEWS_] - -During this colloquy, in the summer of 1413, some two hundred Jews of -the synagogues of Saragossa, Calatayud and Alcañiz professed conversion. -In 1414 there was a still more abundant harvest. A hundred and twenty -families of Calatayud, Daroca, Fraga and Barbastro presented themselves -for baptism and these were followed by the whole aljamas of Alcañiz, -Caspe, Maella, Lérida, Tamarit and Alcolea, amounting to about -thirty-five hundred souls. The repressive legislation was accomplishing -its object and hopes were entertained that, with the aid of the inspired -teaching of San Vicente, Judaism would become extinct throughout -Spain.[343] To stimulate the movement by an increase of severity towards -the recalcitrant, Benedict issued his constitution _Etsi doctoribus -gentium_, in which he virtually embodied the Ordenamiento de Doña -Catalina, thus giving to its system of terrible repression the sanction -of Church as well as of State. He further forbade the possession of the -Talmud or of any books contrary to the Christian faith, ordering the -bishops and inquisitors to make semi-annual inquests of the aljamas and -to proceed against all found in possession of such books. No Jew should -even bind a book in which the name of Christ or the Virgin appeared. -Princes were exhorted to grant them no favors or privileges and the -faithful at large were commanded not to rent or sell houses to them or -to hold companionship or conversation with them. Moreover they were -prohibited to exercise usury and thrice a year they were to be preached -to and warned to abandon their errors. The bishops in general were -ordered to see to the strict enforcement of all these provisions and the -execution of the bull was specially confided to Gonzalo, Bishop of -Sigüenza, son of the great Converso, Pablo de Santa María. As the -utterance of the Anti-pope Benedict, this searching and cruel -legislation, designed to reduce the Jews to the lowest depths of poverty -and despair, was current only in the lands of his obedience, but when -his triumphant rival, Martin V, confirmed the charge confided to the -Bishop of Sigüenza he accepted and ratified the act of Benedict.[344] -Nay more; in 1434, Alfonso de Santa María, Bishop of Burgos, another son -of the Converso Pablo, when a delegate to the council of Basle, procured -the passage of a decree in the same sense.[345] The quarrel of the -council with the papacy, it is true, deprived its utterance of -oecumenic authority, but this deficiency was supplied when, in 1442, -Eugenius IV issued a bull which was virtually a repetition of the law of -Doña Catalina and of the constitution of Benedict XIII, while this was -followed, in 1447, by an even more rigorous one of Nicholas V.[346] Thus -all factions of the Church, however much they might wrangle on other -points, cheerfully united in rendering the life of the Jew as miserable -as possible and in forbidding princes to show him favor. This was -symbolized when, in 1418, the legate of Martin V was solemnly received -in Gerona and the populace, with inerring instinct, celebrated the -closing of the great Schism and the reunion of the Church by playfully -sacking the Judería, though the royal officials, blind to the piety of -the demonstration, severely punished the perpetrators.[347] - - * * * * * - -The immediate effect of this policy corresponded to the intentions of -its authors, though its ultimate results can scarce have been foreseen. -The Jews were humiliated and impoverished. Despite their losses by -massacre and conversion, they still formed an important portion of the -population, with training and aptitudes to render service to the State -but, debarred from the pursuits for which they had been fitted, they -were crippled both for their own recuperation and for the benefit of the -public. The economic effect was intensified by the inclusion of the -Mudéjares in the repressive legislation; commerce and manufactures -decayed and many products which Spain had hitherto exported she was now -obliged to import at advanced prices.[348] - -[Sidenote: _VICISSITUDES_] - -On the other hand the Conversos saw opened to them a career fitted to -stimulate and satisfy ambition. Confident in their powers, with -intellectual training superior to that of the Christians, they aspired -to the highest places in the courts, in the universities, in the Church -and in the State. Wealth and power rendered them eligible suitors and -they entered into matrimonial alliances with the noblest houses in the -land, many of which had been impoverished by the shrinkage of the -revenues derived from their Jewish subjects. Alfonso de Santa María, in -procuring the decree of Basle, was careful to insert in it a -recommendation of marriage between converts and Christians as the surest -means of preserving the purity of the faith, and the advice was -extensively followed. Thus the time soon came when there were few of the -ancient nobility of Spain who were not connected, closely or remotely, -with the Jew. We hear of marriages with Lunas, Mendozas, Villahermosas -and others of the proudest houses.[349] As early as 1449 a petition to -Lope de Barrientos, Bishop of Cuenca, by the Conversos of Toledo, -enumerates all the noblest families of Spain as being of Jewish blood -and among others the Henríquez, from whom the future Ferdinand the -Catholic descended, through his mother Juana Henríquez.[350] It was the -same in the Church, where we have seen the rank attained by the Santa -Marías. Juan de Torquemada, Cardinal of San Sisto, was of Jewish descent -and so, of course, was his nephew, the first inquisitor-general,[351] as -was likewise Diego Deza, the second inquisitor-general, as well as -Hernando de Talavera, Archbishop of Granada. It would be easy to -multiply examples, for in every career the vigor and keenness of the -Jews made them conspicuous and, in embracing Christianity, they seemed -to be opening a new avenue for the development of the race in which it -would become dominant over the Old Christians; in fact, an Italian -nearly contemporary describes them as virtually ruling Spain, while -secretly perverting the faith by their covert adherance to Judaism.[352] -This triumph however was short-lived. Their success showed that thus far -there had been no antagonism of race but only of religion. This speedily -changed; the hatred and contempt which, as apostates, they lavished on -the faithful sons of Israel reacted on themselves. It was impossible to -stimulate popular abhorrence of the Jew without at the same time -stimulating the envy and jealousy excited by the ostentation and -arrogance of the New Christians. What was the use of humiliating and -exterminating the Jew if these upstarts were not only to take his place -in grinding the people as tax-gatherers but were to bear rule in court -and camp and church? - -Meanwhile the remnant of the Jews were slowly but indomitably recovering -their position. It was much easier to enact the _Ordenamiento de Doña -Catalina_ than to enforce it and, like much previous legislation, it was -growing obsolete in many respects. In the early days of Juan II, Abrahem -Benaviste was virtually finance minister and, when the Infante Henry of -Aragon seized the king at Tordesillas and carried him off, he justified -the act by saying that it was because the government was in the hands of -Abrahem.[353] In fact there are indications of a reaction in which the -Jews were used as a counterpoise to the menacing growth of Converso -influence. When, in 1442, the cruel bull of Eugenius IV was received, -although it scarce contained more than the laws of 1412 and the bull of -Benedict XIII, Alvaro de Luna, the all-powerful favorite, not only -refused to obey it but proceeded to give legal sanction to the neglect -into which those statutes had fallen. He induced his master to issue the -Pragmática of Arévalo, April 6, 1443, condemning the refusal of many -persons to buy or sell with Jews and Moors or to labor for them in the -fields, under color of a bull of Eugenius IV, published at Toledo during -his absence. Punishment is threatened for these audacities, for the bull -and the laws provide that Jews and Moors and Christians shall dwell -together in harmony and no one is to injure or slay them. It was not -intended to prevent Jews and Moors and Christians from dealing -together, nor that the former should not follow industries base and -servile, such as all manner of mechanical trades, and Christians can -serve them for proper wages and guard their flocks and labor for them in -the fields, and they can prescribe for Christians if the medicines are -compounded by Christians.[354] - -Thus a revulsion had taken place in favor of the proscribed race which -threatened to undo the work of Vicente Ferrer and the Conversos. It was -in vain that, in 1451, Nicholas V issued another bull repeating and -confirming that of Eugenius IV.[355] It received no attention and, under -the protection of Alvaro de Luna, the Jews made good use of the -breathing-space to reconstruct their shattered industries and to -demonstrate their utility to the State. The conspiracy which sent Alvaro -to the block, in 1453, was a severe blow but, on the accession of Henry -IV, in 1454, they secured the good-will of his favorites and even -procured the restoration of some old privileges, the most important of -which was the permission to have their own judges. One element in this -was the influence enjoyed by the royal physician Jacob Aben-Nuñez on -whom was conferred the office of Rabb Mayor.[356] In the virtual anarchy -of the period, however, when every noble was a law unto himself, it is -impossible to say how far royal decrees were effective, or to postulate -any general conditions. In 1458, the Constable Velasco orders his -vassals of the town of Haro to observe the law forbidding Christians to -labor for Jews and Moors, but he makes the wise exception that they may -do so when they can find no other work wherewith to support themselves. -Even under these conditions the superior energy of the non-Christian -races was rapidly acquiring for them the most productive lands, if we -may trust a decree of the town of Haro, in 1453, forbidding Christians -to sell their estates to Moors and Jews, for if this were not stopped -the Christians would have no ground to cultivate, as the Moors already -held all the best of the irrigated lands.[357] - -[Sidenote: _VICISSITUDES_] - -The nobles had seen the disadvantage of the sternly oppressive laws and -disregarded them to their own great benefit, thus raising the envy of -the districts obliged to observe them, for the Córtes of 1462 petitioned -Henry to restore liberty of trade between Christian and Jew, alleging -the inconvenience caused by the restriction and the depopulation of the -crown lands for, as trade was permitted in the lands of the nobles, the -Jews were concentrating there. When further the Córtes asked that Jews -should be permitted to return with their property and trades to the -cities in the royal domains from which they had been expelled, it -indicates that popular aversion was becoming directed to the Conversos -rather than to the Jews.[358] It may be questioned whether it was to -preserve the advantage here indicated or to gain popular favor, that the -revolted nobles, in 1460, demanded of Henry that he should banish from -his kingdoms all Moors and Jews who contaminated religion and corrupted -morals and that, when they deposed him, in 1465, at Avila and elevated -to the throne the child Alfonso, the _Concordia Compromisoria_ which -they dictated, annulled the Pragmática of Arévalo and restored to vigor -the laws of 1412 and the bull of Benedict XIII. This frightened the -Jews, who offered to Henry an immense sum for Gibraltar, where they -proposed to establish a city of refuge, but he refused.[359] - -The fright was superfluous for, in the turbulence of the time, the -repressive legislation was speedily becoming obsolete. When the -reforming Council of Aranda, in 1473, made but a single reference to -Jews and Moors and this was merely to forbid them to pursue their -industries publicly on Sundays and feast days, with a threat against the -judges who, through bribery, permitted this desecration, it is fair to -conclude that the law of 1412, if observed at all, was enforced only in -scattered localities.[360] That the restrictions on commercial activity -were obsolete is manifest from a complaint, in 1475, to the sovereigns, -from the Jews of Medina del Pomar, setting forth that they had been -accustomed to purchase in Bilbao, from foreign traders, cloths and other -merchandise which they carried through the kingdom for sale, until -recently the port had restricted all dealings with foreigners to the -resident Jews, whereupon Ferdinand and Isabella ordered these -regulations rescinded unless the authorities could show good reasons -within fifteen days.[361] - -With the settlement of affairs under Ferdinand and Isabella the position -of the Jews grew distinctly worse. Although Don Abraham Senior, one of -Isabella's most trusted counsellors, was a Jew, her piety led her to -revive and carry out the repressive policy of San Vicente Ferrer and, in -codifying the royal edicts in the _Ordenanzas Reales_, confirmed by the -Córtes of Toledo in 1480, all the savage legislation of 1412 was -re-enacted, except that relating to mechanical trades, and the vigor of -the government gave assurance that the laws would be enforced, as we -have seen in the matter of the separation of the Juderías.[362] -Ferdinand's assent to this shows that he adopted the policy and, in his -own dominions, by an edict of March 6, 1482, he withdrew all licenses to -Jews to lay aside the dangerous badge when travelling, and he further -prohibited the issuing of such licenses under penalty of a thousand -florins. Another edict of December 15, 1484, recites that at Cella, a -village near Teruel, some Jews had recently taken temporary residence; -as there is no Judería, in order to avoid danger to souls, he orders -them driven out and that none be allowed to remain more than twenty-four -hours under pain of a hundred florins and a hundred lashes.[363] - -[Sidenote: _DECLINE OF JUDAISM_] - -This recrudescence of oppression probably had an influence on the -people, for there came a revulsion of feeling adverse to the proscribed -race, inflamed by the ceaseless labors of the frailes whose denunciatory -eloquence knew no cessation. Under these circumstances the Jews and -Moors seem to have had recourse to the Roman curia, always ready to -speculate by selling privileges, whether it had power to grant them or -not, and then to withdraw them for a consideration. We shall have ample -occasion to see hereafter prolonged transactions of the kind arising -from the operation of the Inquisition; those with the Jews at this time -seem to have been closed by a _motu proprio_ of May 31, 1484, doubtless -procured from Sixtus IV by pressure from the sovereigns, in which the -pope expresses his displeasure at learning that in Spain, especially in -Andalusia, Christians, Moors and Jews dwell together; that there is no -distinction of vestments, that the Christians act as servants and -nurses, the Moors and Jews as physicians, apothecaries, farmers of -ecclesiastical revenues etc., pretending that they hold papal privileges -to that effect. Any such privileges he withdraws and he orders all -officials, secular and ecclesiastical, to enforce strictly the canonical -decrees respecting the proscribed races.[364] Under these impulses the -municipalities, which, in 1462, had petitioned to have the prescriptive -laws repealed now enforced them with renewed vigor and even exceeded -them, as at Balmaseda, where the Jews were ordered to depart. They -appealed to the throne, representing that they lived in daily fear for -life and property and begged the royal protection, which was duly -granted.[365] - -Subjected to these perpetual and harassing vicissitudes, the Jews had -greatly declined both in numbers and wealth. An assessment of the -poll-tax, made in 1474, shows that in the dominions of Castile there -were only about twelve thousand families left, or from fifty to sixty -thousand souls, although there were still two hundred and sixteen -separate aljamas. Their weakness and poverty are indicated by the fact -that such communities as those of Seville, Toledo, Córdova, Burgos, -etc., paid much less than inconspicuous places prior to 1391. The aljama -of Ciudad-Real, which had paid, in 1290, a tax of 26,486 maravedís, had -disappeared; the only one left in La Mancha was Almagro, assessed at 800 -maravedís.[366] The work of Martínez and San Vicente Ferrer was -accomplishing itself. Popular abhorrence had grown, while the importance -of the Jews as a source of public revenue had fatally diminished. The -end was evidently approaching, but a consideration of its horrors must -be postponed while we glance at the condition of the renegades who had -sought shelter from the storm by adopting the faith of the oppressor. - - * * * * * - -The Conversos, in steadily increasing numbers, had successfully worked -out their destiny, accumulating honors, wealth and popular hatred. In -both Castile and Aragon they filled lucrative and influential positions -in the public service and their preponderance in Church and State was -constantly becoming more marked. In Catalonia, however, they were -regarded with contempt and, though the boast that Catalan blood was -never polluted by inter-mixture is exaggerated, it is not wholly without -foundation. The same is true of Valencia, where intermarriage only -occurred among the rural population. Throughout Spain, moreover, the -farming of all the more important sources of revenue passed into their -hands and thus they inherited the odium as well as the profits of the -Jews.[367] - -The beginning of the end was seen at Toledo where, in 1449, Alvaro de -Luna made a demand on the city for a million maravedís for the defence -of the frontier and it was refused. He ordered the tax-gatherers to -collect it. They were Conversos and when they made the attempt the -citizens arose and sacked and burnt not only their houses but those of -the Conversos in general. The latter organized in self-defence and -endeavored to suppress the disturbance but were defeated, when those who -were wealthy were tortured and immense booty was obtained. In vain Juan -II sought to punish the city; the triumphant citizens, with the -magistrates at their head, organized a court in which the question was -argued whether the Conversos could hold any public office. In spite of -the evident illegality of this and of active opposition led by the -famous Lope de Barrientos, Bishop of Cuenca, it was decided against the -Conversos in a quasi-judicial sentence, known as the -_Sentencia-Estatuto_ which, in the bitterness of its language, reveals -the extreme tension existing between the Old and New Christians. The -Conversos were stigmatized as more than suspect in the faith and as in -reality Jews; they were declared incapable of holding office and of -bearing witness against Old Christians and those who held positions were -ejected.[368] The disturbances spread to Ciudad-Real, where the -principal offices were held by Conversos. The Order of Calatrava, which -had long endeavored to get possession of the city, espoused the side of -the Old Christians; there was considerable fighting in the streets and -for five days the quarter occupied by the Conversos was exposed to -pillage.[369] Thus the hatred which of old had been merely a matter of -religion had become a matter of race. The one could be conjured away by -baptism; the other was indelible and the change was of the most serious -import, exercising for centuries its sinister influence on the fate of -the Peninsula. - -[Sidenote: _PERSECUTION OF CONVERSOS_] - -The Sentencia-Estatuto threatened to introduce a new principle into -public and canon law, both of which had always upheld the brotherhood of -Christians and had encouraged conversions by prescribing the utmost -favor for converts. Nicholas V was appealed to and responded, September -24, 1449, with a bull declaring that all the faithful are one; that the -laws of Alfonso X and his successors, admitting converts to all the -privileges of Christians, were to be enforced and he commissioned the -Archbishops of Toledo and Seville, the Bishops of Palencia, Avila and -Córdova, and the Abbot of San Fagun to excommunicate all who sought to -invalidate them.[370] More than this seems to have been needed and, in -1450, he formally excommunicated Pedro Sarmiento and his accomplices as -the authors of the Sentencia-Estatuto and again, in 1451, he repeated -his bull of 1449. Finally, in the same year the synods of Vitoria and -Alcalá condemned it and Alfonso de Montalvo, the foremost jurist of the -time, pronounced it to be illegal.[371] It never, in fact, was of -binding force, but the effort made to set it aside shows how dangerous a -menace it was and how it expressed a widespread public opinion. It was -the first fitful gust of the tornado. - -Toledo remained the hot-bed of disturbance. In 1461 the martial -Archbishop, Alonso Carrillo commissioned the learned Alonso de Oropesa, -General of the Geronimites to investigate the cause of dissension. He -did so and reported that there were faults on both sides and, at the -request of the archbishop, he proceeded to write his _Lumen ad -Revelationem Gentium_ to prove the unity of the faithful, but, while he -was engaged in this pious labor the inextinguishable feud broke out -afresh.[372] Any chance disturbance might bring this about and the -opportunity was furnished in 1467, when the canons, who enjoyed a -revenue based on the bread of the town of Maqueda, farmed it out to a -Jew. Alvaro Gómez, an alcalde mayor, was lord of Maqueda; his alcaide -beat the Jew and seized the bread for the use of the castle; the canons -promptly imprisoned the alcaide and summoned Gómez to answer. When he -came the quarrel grew bitterer; the Count of Cifuentes, leader of one of -the factions of the city and protector of the Conversos, espoused the -cause of Gómez, while Fernando de la Torre, a leader of the Conversos, -hoping to revenge the defeat of 1449, boasted that he had at command -four thousand well-armed fighting men, being six times more than the -Old Christians could muster. Matters were ripe for an explosion and, on -July 21st, at a conference held in the cathedral, the followers of the -two parties taunted each other beyond endurance; swords were drawn and -blood polluted the sanctuary, though only one man was slain. The canons -proceeded to fortify and garrison the cathedral, which was attacked the -next day. The clergy, galled by the fire of the assailants, to create a -diversion, started a conflagration in the calle de la Chapineria, which -spread until eight streets were destroyed--the richest in Toledo, -crowded with shops full of costly merchandise. The device was -successful; the Conversos were disheartened and lost ground till, on the -29th, Cifuentes and Gómez fled, while Fernando de la Torre and his -brother Alvaro were captured and hanged. The triumphant faction removed -from office all their opponents and revived with additional rigor the -Sentencia-Estatuto. Toledo at the time belonged to the party of the -pretender Alfonso XII but, when the citizens sent to him to confirm what -they had done, he refused and the city soon afterwards transferred its -allegiance to Henry IV.[373] It is quite probable that, in reward for -this, he confirmed the Sentencia-Estatuto for when, about the same time, -Ciudad-Real revolted from Alfonso and adhered to Henry, he granted, July -14, 1468, to that city that thenceforward no Converse should hold -municipal office.[374] In the all-pervading lawlessness such -disturbances as those of Toledo met with neither repression nor -punishment. In 1470 Valladolid saw a similar tumult, in which the Old -Christians and Conversos flew to arms and struggled for mastery. The -former sent for Ferdinand and Isabella who came, but the majority of the -citizens preferred Henry IV and the royal pair were glad to escape.[375] - -[Sidenote: _PERSECUTION OF CONVERSOS_] - -Everywhere the hatred between the Old Christians and the New was -manifesting itself in this deplorable fashion. In Córdova we are told -that the Conversos were very rich and had bought not only the offices -but the protection of Alonso de Aguilar, whose power and high reputation -commanded universal respect, while the Old Christians ranged themselves -under the Counts of Cabra and the Bishop, Pedro de Córdova y Solier. -Only a spark was needed to produce an explosion and an accident during -a, procession, March 14, 1473, furnished the occasion. With shouts of -_viva la fe de Dios_ the mob arose and pillage, murder and fire were let -loose upon the city. Alonso and his brother Gonsalvo--the future Great -Captain--quelled the riot at the cost of no little bloodshed, but it -burst forth again a few days later and, after a combat lasting -forty-eight hours the Aguilars were forced to take refuge in the alcázar -carrying with them such Conversos and Jews as they could. Then followed -a general sack in which every kind of outrage and cruelty was -perpetrated, until the fury of the mob was exhausted by the lack of -victims. Finally Alonso came to terms with the city authorities, who -banished the Conversos for ever and such poor wretches as had escaped -torch and dagger were thrust forth to be robbed and murdered with -impunity on the highways.[376] - -Laborers from the country, who chanced to be in Córdova, carried the -welcome news to neighboring places and the flame passed swiftly through -Andalusia from town to town. Baena was kept quiet by the Count of Cabra, -Palma by Luis Portocarrero, Ecija by Fadrique Manrique and Seville and -Jerez by Juan de Guzman and Rodrigo Ponce de Leon, but elsewhere the -havoc was terrible. At Jaen, the Constable of Castile, Miguel Luis de -Iranzo, was treacherously murdered while kneeling before the altar; his -wife, Teresa de Torres, was barely able to escape, with her children, to -the alcázar, and the Conversos were plundered and dispatched. Only at -Almodovar del Campo do we hear of any justice executed on the assassins, -for there Rodrigo Giron, Master of Calatrava, hanged some of the most -culpable. The king, we are told, when the news was brought to him, -grieved much, but inflicted no punishment.[377] - -On the accession of Ferdinand and Isabella, in 1474, a Converso of -Córdova, Anton de Montoro, addressed to them a poem in which he gives a -terrible picture of the murders committed with impunity on his brethren, -whose purity of faith he asserts. Fire and sword had just ravaged the -aljama of Carmona and fresh disasters were threatening at Seville and -Córdova.[378] Dominicans and Franciscans were thundering from the -pulpits and were calling on the faithful to purify the land from the -pollution of Judaism, secret and open. It was commonly asserted and -believed that the Christianity of the Conversos was fictitious, and -fanaticism joined with envy and greed in stimulating the massacres that -had become so frequent. The means adopted to win over the Jewish -converts had not been so gentle as to encourage confidence in the -sincerity of their professions and, rightly or wrongly, they were almost -universally suspected. The energy with which the new sovereigns enforced -respect for the laws speedily put an end to the hideous excesses of the -mob, for we hear of no further massacres, but the abhorrence entertained -for the successful renegades, whose wealth and power were regarded as -obtained by false profession of belief in Christ, was still wide-spread, -though its more violent manifestations were restrained. Wise -forbearance, combined with vigorous maintenance of order, would in time -have brought about reconciliation, to the infinite benefit of Spain, but -at a time when heresy was regarded as the greatest of crimes and unity -of faith as the supreme object of statesmanship, wise forbearance and -toleration were impossible. After suppressing turbulence the sovereigns -therefore felt that there was still a duty before them to vindicate the -faith. Thus, after long hesitation, their policy with regard to the -Conversos was embodied in the Inquisition, introduced towards the end of -1480. The Jewish question required different treatment and it was -solved, once for all, in most decisive fashion. - - * * * * * - -[Sidenote: _EXPULSION OF JEWS CONSIDERED_] - -The Inquisition had no jurisdiction over the Jew, unless he rendered -himself amenable to it by some offence against the faith. He was not -baptized; he was not a member of the Church and therefore was incapable -of heresy, which was the object of inquisitional functions. He might, -however, render himself subject to it by proselytism, by seducing -Christians to embrace his errors, and this was constantly alleged -against Jews, although their history shows that, unlike the other great -religions, Judaism has ever been a national faith with no desire to -spread beyond the boundaries of the race. As the chosen people, Israel -has never sought to share its God with the Gentiles. There was more -foundation, probably, in the accusation that the secret perversity of -the Conversos was encouraged by those who had remained steadfast in the -faith, that circumcisions were secretly performed and that contributions -to the synagogues were welcomed. - -While the object of the Inquisition was to secure the unity of faith, -its founding destroyed the hope that ultimately the Jews would all be -gathered into the fold of Christ. This had been the justification of the -inhuman laws designed to render existence outside of the Church so -intolerable that baptism would be sought as a relief from endless -injustice, but the awful spectacle of the autos de fe and the miseries -attendant on wholesale confiscations led the Jew to cherish more -resolutely than ever the ancestral faith which served him as shield from -the terrors of the Holy Office and the dreadful fate ever impending over -the Conversos. His conversion could no longer be hoped for and, so long -as he remained in Spain, the faithful would be scandalized by his -presence and the converts would be exposed to the contamination of his -society. The only alternative was his removal. - -Isabella tried a partial experiment of this kind in 1480, apparently to -supplement the Inquisition, founded about the same time. Andalusia was -the province where the Jews were most numerous and she commenced by -ordering the expulsion from there of all who would not accept -Christianity and threatening with death any new settlers.[379] We have -no details as to this measure and only know that it was several times -postponed and that it was apparently abandoned.[380] A bull of Sixtus -IV, in 1484, shows us that Jews were still dwelling there undisturbed -and, when the final expulsion took place in 1492, Bernaldez informs us -that from Andalusia eight thousand households embarked at Cadiz, besides -many at Cartagena and the ports of Aragon.[381] - -That there was vacillation is highly probable, for policy and fanaticism -were irreconcilable. The war with Granada was calling for large -expenditures, to which the Jews were most useful contributors and the -finances were in the hands of two leading Jews, Abraham Senior and Isaac -Abravanel, to whose skilful management its ultimate success was largely -due. It may be that the threatened expulsion was rather a financial than -a religious measure, adopted with a view of selling suspensions and -exemptions, and this may also perhaps explain a similar course adopted -by Ferdinand when, in May, 1486, he ordered the inquisitors of Aragon to -banish all Jews of Saragossa from the archbishopric of Saragossa and the -bishopric of Albarracin, in the same way as they had been banished from -the sees of Seville, Córdova and Jaen.[382] The sovereigns knew when to -be tolerant and when to give full rein to fanaticism, as was evinced in -their treatment of renegades and Conversos at the capture of Málaga as -contrasted with the liberal terms offered in the capitulations of -Almería and Granada. They were prepared to listen to the counsel of -those who opposed all interference with the Jewish population, in whose -favor there were powerful influences at work. Isabella apparently -hesitated long between statesmanship and her conceptions of duty, while -Torquemada never ceased to urge upon her the service to be rendered to -Christ by clearing her dominions of the descendants of his -crucifiers.[383] - -[Sidenote: _STIMULATION OF PREJUDICE_] - -There was no lack of effort to inflame public opinion and to excite -still further the hostility so long and so carefully cultivated. A story -had wide circulation that Maestre Ribas Altas, the royal physician, wore -a golden ball attached to a cord around his neck; that Prince Juan, -only son of the sovereigns, begged it of him and managed to open it, -when he found inside a parchment on which was painted a crucifix with -the physician in an indecent attitude; that he was so affected that he -fell sick and, after much persuasion, revealed the cause, adding that he -would not recover until the Jew was burnt, which was accordingly done -and Ferdinand consented to the expulsion of the accursed sect.[384] Then -we are told that, on Good Friday, 1488, some Jews, to avenge an insult, -stoned a rude cross which stood on the hill of Gano near Casar de -Palomero; they were observed and denounced, when the Duke of Alba burnt -the rabbi and several of the culprits; the cross was repaired and -carried in solemn procession to the parish church, where it still -remains an object of popular veneration.[385] It is to this period also -that we may presumably refer the fabrication of a correspondence, -discovered fifty years later among the archives of Toledo by Archbishop -Siliceo, between Chamorro, Prince of the Jews of Spain and Uliff, Prince -of those of Constantinople, in which the latter, replying to a request -for counsel, tells the former "as the king takes your property, make -your sons merchants that they may take the property of the Christians; -as he takes your lives, make your sons physicians and apothecaries, that -they may take Christian lives; as he destroys your synagogues, make your -sons ecclesiastics, that they may destroy the churches; as he vexes you -in other ways, make your sons officials, that they may reduce the -Christians to subjection and take revenge."[386] - -The most effective device, however, was a cruel one, carried out by -Torquemada unshrinkingly to the end. In June, 1490, a Converso named -Benito García, on his return from a pilgrimage to Compostella, was -arrested at Astorga on the charge of having a consecrated wafer in his -knapsack. The episcopal vicar, Dr. Pedro de Villada, tortured him -repeatedly till he obtained a confession implicating five other -Conversos and six Jews in a plot to effect a conjuration with a human -heart and a consecrated host, whereby to cause the madness and death of -all Christians, the destruction of Christianity and the triumph of -Judaism. Three of the implicated Jews were dead, but the rest of those -named were promptly arrested and the trial was carried on by the -Inquisition. After another year spent in torturing the accused, there -emerged the story of the crucifixion at La Guardia of a Christian child, -whose heart was cut out for the purpose of the conjuration. The whole -tissue was so evidently the creation of the torture-chamber that it was -impossible to reconcile the discrepancies in the confessions of the -accused, although the very unusual recourse of confronting them was -tried several times; no child had anywhere been missed and no remains -were found on the spot where it was said to have been buried. The -inquisitors finally abandoned the attempt to frame a consistent -narrative and, on November 16, 1491, the accused were executed at Avila; -the three deceased Jews were burned in effigy, the two living ones were -torn with red-hot pincers and the Conversos were "reconciled" and -strangled before burning. The underlying purpose was revealed in the -sentence read at the auto de fe, which was framed so as to bring into -especial prominence the proselyting efforts of the Jews and the -Judaizing propensities of the Conversos and no effort was spared to -produce the widest impression on the people. We happen to know that the -sentence was sent to La Guardia, to be read from the pulpit, and that it -was translated into Catalan and similarly published in Barcelona, -showing that it was thus brought before the whole population--a thing -without parallel in the history of the Inquisition. The cult of the -Saint-Child of La Guardia--_El santo niño de la Guardia_--was promptly -started with miracles and has been kept up to the present day, although -the sanctity of the supposed martyr has never been confirmed by the Holy -See. Torquemada's object was gained for, though it would be too much to -say that this alone won Ferdinand's consent to the expulsion, it -undoubtedly contributed largely to that result. The edict of expulsion, -it is true, makes no direct reference to the case but, in its labored -efforts to magnify the dangers of Jewish proselytism it reflects -distinctly the admissions extorted from the accused by the -Inquisition.[387] - -[Sidenote: _EXPULSION OF THE JEWS_] - -With the surrender of Granada in January, 1492, the work of the -Reconquest was accomplished. The Jews had zealously contributed to it -and had done their work too well. With the accession of a rich territory -and an industrious Moorish population and the cessation of the drain of -the war, even Ferdinand might persuade himself that the Jews were no -longer financially indispensable. The popular fanaticism required -constant repression to keep the peace; the operations of the Inquisition -destroyed the hope that gradual conversion would bring about the desired -unity of faith and the only alternative was the removal of those who -could not, without a miraculous change of heart, be expected to -encounter the terrible risks attendant upon baptism. It is easy thus to -understand the motives leading to the measure, without attributing it, -as has been done, to greed for the victims' wealth, for though, as we -shall see, there are abundant evidences of a desire to profit by it, as -a whole it was palpably undesirable financially. - -Thus the expulsion of the Jews from all the Spanish dominions came to be -resolved upon. When this was bruited about the court, Abraham Senior and -Abravanel offered a large sum from the aljamas to avert the blow. -Ferdinand was inclined to accept it, but Isabella was firm. The story is -current that, when the offer was under consideration, Torquemada forced -his way into the royal presence and holding aloft a crucifix boldly -addressed the sovereigns: "Behold the crucified whom the wicked Judas -sold for thirty pieces of silver. If you approve that deed, sell him for -a greater sum. I resign my power; nothing shall be imputed to me but you -will answer to God!"[388] Whether this be true or not, the offer was -rejected and, on March 30th, the edict of expulsion was signed, though -apparently there was delay in its promulgation, for it was not published -in Barcelona until May 1st.[389] It gave the entire Jewish population -of Spain until July 31st in which to change their religion or to leave -the country, under penalty of death, which was likewise threatened for -any attempt to return. During the interval they were taken under the -royal protection; they were permitted to sell their effects and carry -the proceeds with them, except that, under a general law, the export of -gold and silver was prohibited.[390] - -A supplementary edict of May 14th granted permission to sell lands, -leaving but little time in which to effect such transactions and this -was still more fatally limited in Aragon, where Ferdinand sequestrated -all Jewish property in order to afford claimants and creditors the -opportunity to prove their rights, the courts being ordered to decide -all such cases promptly. Still less excusable was his detaining from all -sales an amount equal to all the charges and taxes which the Jews would -have paid him, thus realizing a full year's revenue from the trifling -sums obtained through forced sales by the unhappy exiles.[391] In -Castile, the inextricable confusion arising from the extensive -commercial transactions of the Jews led to the issue, May 30th, of a -decree addressed to all the officials of the land, ordering all -interested parties to be summoned to appear within twenty days to prove -their claims, which the courts must settle by the middle of July. All -debts falling due prior to the date of departure were to be promptly -paid; if due to Christians by Jews who had not personal effects -sufficient to satisfy them, the creditors were to take land at an -appraised valuation or be paid out of other debts paid by Jews. For -debts falling due subsequently, if due by Jews, the debtors had to pay -at once or furnish adequate security; if due by Christians or Moors, the -creditors were either to leave powers to collect at maturity or to sell -the claims to such purchasers as they could find.[392] These regulations -afford us a glimpse into the complexities arising from the convulsion -thus suddenly precipitated and, as the Jews were almost universally -creditors, we can readily imagine how great were their losses and how -many Christian debtors must have escaped payment. - -[Sidenote: _EXPULSION OF THE JEWS_] - -The sovereigns also shared in the spoils. When the exiles reached the -seaports to embark they found that an export duty of two ducats per head -had been levied upon them, which they were obliged to pay out of their -impoverished store.[393] Moreover, the threat of confiscation for those -who overstayed the time was rigorously enforced and, in some cases at -least, the property thus seized was granted to nobles to compensate -their losses by the banishment of their Jews.[394] All effects left -behind also were seized; in many cases the dangers of the journey, the -prohibition to carry coin and the difficulty of procuring bills of -exchange, led the exiles to make deposits with trustworthy friends to be -remitted to them in their new homes, all of which was seized by the -crown. The amount of this was sufficient to require a regular -organization of officials deputed to hunt up these deposits and other -fragments of property that could be escheated, and we find -correspondence on the subject as late as 1498.[395] Efforts were even -also made to follow exiles and secure their property on the plea that -they had taken with them prohibited articles, and Henry VII of England -and Ferdinand of Naples were appealed to for assistance in cases of this -description.[396] - -The terror and distress of the exodus, we are told, were greatly -increased by an edict issued by Torquemada, as inquisitor-general, in -April, forbidding any Christian, after August 9th, from holding any -communication with Jews, or giving them food or shelter, or aiding them -in any way.[397] Such addition to their woes was scarce necessary, for -it would be difficult to exaggerate the misery inflicted on a population -thus suddenly uprooted from a land in which their race was older than -that of their oppressors. Stunned at first by the blow, as soon as they -rallied from the shock, they commenced preparations for departure. An -aged rabbi, Isaac Aboab, with thirty prominent colleagues, was -commissioned to treat with João II of Portugal for refuge in his -dominions. He drove a hard bargain, demanding a cruzado a head for -permission to enter and reside for six months.[398] For those who were -near the coasts, arrangements were made for transhipment by sea, mostly -from Cadiz and Barcelona on the south and Laredo on the north. To the -north-east, Navarre afforded an asylum, by order of Jean d'Albret and -his wife Leonora, although the cities were somewhat recalcitrant.[399] -As the term approached, two days' grace were allowed, bringing it to -August 2d, the 9th of Ab, a day memorable in Jewish annals for its -repeated misfortunes.[400] - -The sacrifices entailed on the exiles were enormous. To realize in so -limited a time on every species of property not portable, with means of -transportation so imperfect, was almost impossible and, in a forced sale -of such magnitude, the purchasers had a vast advantage of which they -fully availed themselves. An eye-witness tells us that the Christians -bought their property for a trifle; they went around and found few -buyers, so that they were compelled to give a house for an ass and a -vineyard for a little cloth or linen: in some places the miserable -wretches, unable to get any price, burnt their homes and the aljamas -bestowed the communal property on the cities. Their synagogues they were -not allowed to sell, the Christians taking them and converting them into -churches, wherein to worship a God of justice and love.[401] The -cemeteries, for which they felt peculiar solicitude, were in many places -made over to the cities, on condition of preservation from desecration -and use only for pasturage; where this was not done they were -confiscated and Torquemada obtained a fragment of the spoil by securing, -March 23, 1494, from Ferdinand and Isabella, the grant of that of Avila -for his convent of Santo Tomas.[402] - -[Sidenote: _EXPULSION OF THE JEWS_] - -The resolute constancy displayed in this extremity was admirable. There -were comparatively few renegades and, if Abraham Senior was one of them, -it is urged in extenuation that Isabella, who was loath to lose his -services, threatened, if he persisted in his faith, to adopt still -sharper measures against his people and he, knowing her capacity in this -direction, submitted to baptism; he and his family had for god-parents -the sovereigns and Cardinal González de Mendoza; they assumed the name -of Coronel which long remained distinguished.[403] The frailes exerted -themselves everywhere in preaching, but the converts were few and only -of the lowest class; the Inquisition had changed the situation and San -Vicente Ferrer himself would have found missionary work unfruitful, for -the dread of exile was less than that of the Holy Office and the -_quemadero_. - -There was boundless mutual helpfulness; the rich aided the poor and they -made ready as best they could to face the perils of the unknown future. -Before starting, all the boys and girls over twelve were married. Early -in July the exodus commenced and no better idea of this pilgrimage of -grief can be conveyed than by the simple narrative of the good cura of -Palacios. Disregarding, he says, the wealth they left behind and -confiding in the blind hope that God would lead them to the promised -land, they left their homes, great and small, old and young, on foot, on -horseback, on asses or other beasts or in wagons, some falling, others -rising, some dying, others being born, others falling sick. There was no -Christian who did not pity them; everywhere they were invited to -conversion and some were baptized, but very few, for the rabbis -encouraged them and made the women and children play on the timbrel. -Those who went to Cadiz hoped that God would open a path for them across -the sea; but they stayed there many days, suffering much and many wished -that, they had never been born. From Aragon and Catalonia they put to -sea for Italy or the Moorish lands or whithersoever fortune might drive -them. Most of them had evil fate, robbery and murder by sea and in the -lands of their refuge. This is shown by the fate of those who sailed -from Cadiz. They had to embark in twenty-five ships of which the captain -was Pero Cabron; they sailed for Oran where they found the corsair -Fragoso and his fleet; they promised him ten thousand ducats not to -molest them, to which he agreed, but night came on and they sailed for -Arcilla. (a Spanish settlement in Morocco), where a tempest scattered -them. Sixteen ships put into Cartagena, where a hundred and fifty souls -landed and asked for baptism; then the fleet went to Málaga, where four -hundred more did the same. The rest reached Arcilla and went to Fez. -Multitudes also sailed from Gibraltar to Arcilla, whence they set out -for Fez, under guard of Moors hired for the purpose, but they were -robbed on the journey and their wives and daughters were violated. Many -returned to Arcilla, where the new arrivals, on hearing of this, -remained, forming a large camp. Then they divided into two parties, one -persisting in going to Fez, the other preferring baptism at Arcilla, -where the commandant, the Count of Boron, treated them kindly and the -priests baptized them in squads with sprinklers. The count sent them -back to Spain and, up to 1496, they were returning for baptism--in -Palacios, Bernaldez baptized as many as a hundred, some of them being -rabbis. Those who reached Fez were naked and starving and lousy. The -king, seeing them a burden, permitted them to return and they straggled -back to Arcilla, robbed and murdered on the road, the women violated and -the men often cut open in search of gold thought to be concealed in -their stomachs. Those who remained in Fez built a great Jewry for -themselves of houses of straw; one night it took fire, burning all their -property and fifty or a hundred souls--after which came a pestilence, -carrying off more than four thousand. Ferdinand and Isabella, seeing -that all who could get back returned for baptism, set guards to keep -them out unless they had money to support themselves.[404] - -The whole world was pitiless to these wretched outcasts, against whom -every man's hand was raised. Those who sought Portugal utilized the six -months allotted to them by sending a party to Fez to arrange for transit -there; many went and formed part of the luckless band whose misfortunes -we have seen. Others remained, the richer paying the king a hundred -cruzados per household, the poorer eight cruzados a head, while a -thousand, who could pay nothing, were enslaved. These King Manoel -emancipated, on his accession in 1495, but in 1497 he enforced -conversion on all. Then in Lisbon, at Easter, 1506, a New Christian in a -Dominican church, chanced to express a doubt as to a miraculous -crucifix, when he was dragged out by the hair and slain; the Dominicans -harangued the mob, parading the streets with the crucifix and exciting -popular passion till a massacre ensued in which the most revolting -cruelties were perpetrated. It raged for three days and ended only when -no more victims could be found, the number of slain being estimated at -several thousand.[405] The further fate of these refugees we shall have -occasion to trace hereafter. - -[Sidenote: _FATE OF THE EXILES_] - -In Navarre, where the exiles had been kindly received, the era of -toleration was brief. In 1498, an edict, based on that of Ferdinand and -Isabella, gave them the alternative of baptism or expulsion and, at the -same time, such difficulties were thrown in the way of exile that they -mostly submitted to baptism and remained a discredited class, subjected -to numerous disabilities.[406] Naples, whither numbers flocked, afforded -an inhospitable refuge. In August, 1492, nine caravels arrived there, -loaded with Jews and infected with pestilence, which they communicated -to the city, whence it spread through the kingdom and raged for a year, -causing a mortality of twenty thousand. Then, in the confusion following -the invasion of Charles VIII, in 1495, the people rose against them; -many abandoned their religion to escape slaughter or slavery; many were -carried off to distant lands and sold as slaves; this tribulation lasted -for three years, during which those who were steadfast in the faith were -imprisoned or burnt or exposed to the caprices of the mob.[407] Turkey, -on the whole, proved the most satisfactory refuge, where Bajazet found -them such profitable subjects that he ridiculed the wisdom popularly -ascribed to the Spanish sovereigns who could commit so great an act of -folly. Though exposed to occasional persecution, they continued to -flourish; most of the existing Jews of Turkey in Europe and a large -portion of those of Turkey in Asia, are descendants of the exiles; they -absorbed the older communities and their language is still the Spanish -of the sixteenth century.[408] - -When the fate of the exiles was, for the most part, so unendurable, it -was natural that many should seek to return to their native land and, as -we have seen from Bernaldez, large numbers did so. At first this was -tacitly permitted, on condition of conversion, provided they brought -money with them, but the sovereigns finally grew fearful that the purity -of the faith would be impaired and, in 1499, an explanatory edict was -issued, decreeing death and confiscation for any Jew entering Spain, -whether a foreigner or returning exile, even if he asked for baptism, -unless beforehand he sent word that he wished to come for that purpose, -when he was to be baptized at the port of entry and a notarial act was -to be taken. That this savage edict was pitilessly enforced is -manifested by several cases in 1500 and 1501. Moreover, all masters of -Jewish slaves were ordered to send them out of the country within two -months, unless they would submit to baptism.[409] Spain was too holy a -land to be polluted with the presence of a Jew, even in captivity. - -In the absence of trustworthy statistics, all estimates of the number of -victims must be more or less a matter of guess-work and consequently -they vary with the impressions or imagination of the annalist. Bernaldez -informs us that Rabbi Mair wrote to Abraham Senior that the sovereigns -had banished 35,000 vassals, that is, 35,000 Jewish households, and he -adds that, of the ten or twelve rabbis whom he baptized on their return, -a very intelligent one, named Zentollo of Vitoria, told him that there -were in Castile more than 30,000 married Jews and 6000 in the kingdoms -of Aragon, making 160,000 souls when the edict was issued, which is -probably as nearly correct an estimate as we can find.[410] With time -the figures grew. Albertino, Inquisitor of Valencia, in 1534, quotes -Reuchlin as computing the number of exiles at 420,000.[411] The cautious -Zurita quotes Bernaldez and adds that others put the total at 400,000, -while Mariana tells us that most authors assert the number of households -to have been 170,000, and some put the total at 800,000 souls; Páramo -quotes the figures of 124,000 households or over 600,000 souls.[412] -Isidore Loeb, after an exhaustive review of all authorities, Jewish and -Christian, reaches the estimate[413]-- - - Emigrants, 165,000 - Baptized, 50,000 - Died, 20,000 - ------- - 235,000 - -and this, in view of the diminished number of Jews, as shown by the -Repartimiento of 1474 (p. 125) is probably too large an estimate. - -[Sidenote: _CONTEMPORARY OPINION_] - -Whatever may have been the number, the sum of human misery was -incomputable. Rabbi Joseph, whose father was one of the exiles, -eloquently describes the sufferings of his race: "For some of them the -Turks killed to take out the gold which they had swallowed to hide it; -some of them hunger and the plague consumed and some of them were cast -naked by the captains on the isles of the sea; and some of them were -sold for men-servants and maid-servants in Genoa and its villages and -some of them were cast into the sea.... For there were among those who -were cast into the isles of the sea upon Provence a Jew and his old -father fainting from hunger, begging bread, for there was no one to -break unto him in a strange country. And the man went and sold his son -for bread to restore the soul of the old man. And it came to pass, when -he returned to his old father, that he found him fallen down dead and he -rent his clothes. And he returned unto the baker to take his son and the -baker would not give him back and he cried out with a loud and bitter -cry for his son and there was none to deliver."[414] Penniless, -friendless and despised they were cast forth into a world which had been -taught that to oppress them was a service to the Redeemer. - -Yet such were the convictions of the period, in the fifteenth century -after Christ had died for man, that this crime against humanity met with -nothing but applause among contemporaries. Men might admit that it was -unwise from the point of view of statesmanship and damaging to the -prosperity of the land, but this only enhanced the credit due to the -sovereigns whose piety was equal to the sacrifice. When, in 1495, -Alexander VI granted to them the proud title of Catholic Kings, the -expulsion of the Jews was enumerated among the services to the faith -entitling them to this distinction.[415] Even so liberal and cultured a -thinker as Gian Pico della Mirandola, praises them for it, while he -admits that even Christians were moved to pity by the calamities of the -sufferers, nearly all of whom were consumed by shipwreck, pestilence and -hunger, rendering the destruction equal to that inflicted by Titus and -Hadrian.[416] It is true that Machiavelli, faithful to his general -principles, seeks to find in Ferdinand's participation a political -rather than a religious motive, but even he characterizes the act as a -_pietosa crudeltà_.[417] So far, indeed, was it from being a cruelty, in -the eyes of the theologians of the period, that Ferdinand was held to -have exercised his power mercifully, for Arnaldo Albertino proved by the -canon law that he would have been fully justified in putting them all to -the sword and seizing their property.[418] - - * * * * * - -The Edict of Expulsion proclaimed to the world the policy which in its -continuous development did so much for the abasement of Spain. At the -same time it closed the career of avowed Jews in the Spanish dominions. -Henceforth we shall meet with them as apostate Christians, the occasion -and the victims of the Inquisition. - - - - -CHAPTER IV. - -ESTABLISHMENT OF THE INQUISITION. - - -Much as the Conversos had gained, from a worldly point of view, by their -change of religion, their position, in one respect, as we have seen, was -seriously deteriorated. As Jews they might be despoiled and humiliated, -confined in narrow Jewries and restricted as to their careers and means -of livelihood, but withal they enjoyed complete freedom of faith, in -which they were subjected only to their own rabbis. They were outside of -the Church and the Church claimed no jurisdiction over them in matters -of religion, so long as they did not openly blaspheme Christianity or -seek to make proselytes. As soon, however, as the convert was baptized -he became a member of the Church and for any aberration from orthodoxy -he was amenable to its laws. As the Inquisition had never existed in -Castile and was inactive in Aragon, while the bishops, who held ordinary -jurisdiction over heresy and apostasy, were too turbulent and worldly to -waste thought on the exercise of their authority in such matters, the -Conversos seem never to have recognized the possibility of being held to -account for any secret leaning to the faith which they had ostensibly -abandoned. The circumstances under which the mass of conversions was -effected--threats of massacre or the wearing pressure of inhuman -laws--were not such as to justify confidence in the sincerity of the -neophytes, nor, when baptism was administered indiscriminately to -multitudes, was there a possibility of detailed instruction in the -complicated theology of their new faith. Rabbinical Judaism, moreover, -so entwines itself with every detail of the believer's daily life, and -attaches so much importance to the observances which it enjoins, that it -was impossible for whole communities thus suddenly Christianized, to -abandon the rites and usages which, through so many generations, had -become a part of existence itself. Earnest converts might have brought -up their children as Christians and the grandchildren might have -outgrown the old customs, but the Conversos could not be earnest -converts, and the sacred traditions, handed down by father to son from -the days of the Sanhedrin, were too precious to be set aside. The -_Anusim_, as they were known to their Hebrew brethren, thus were -unwilling Christians, practising what Jewish rites they dared, and it -was held to be the duty of all Jews to bring them back to the true -faith.[419] - -[Sidenote: _JUDAISM OF CONVERSOS_] - -As soon, therefore, as the Church had gained her new recruits she began -to regard them with a pardonable degree of suspicion, although she seems -to have made no effort to instruct them in her doctrines after hurriedly -baptizing them by the thousand. In 1429 the council of Tortosa -indignantly denounced the unspeakable cruelty of the Conversos who, with -damnable negligence, permit their children to remain in servitude of the -devil by omitting to have them baptized. To remedy this the Ordinaries -were ordered, by the free use of ecclesiastical censures, and by calling -in if necessary the secular arm, to cause all such children to be -baptized within eight days after birth, and all temporal lords were -commanded to lend their aid in this pious work.[420] The outlook, -certainly, was not promising that the coming generation should be free -from the inveterate Jewish errors. How little concealment, indeed, was -thought necessary by the Conversos, so long as they exhibited a nominal -adherence to Catholicism, is plainly shown by the testimony in the early -trials before the Inquisition, where servants and neighbors give ample -evidence as to Jewish observances openly followed. Still more conclusive -is a case occurring, in 1456, in Rosellon, which, although at the time -held in pawn by France, was subject to the Inquisition of Aragon. -Certain Conversos not only persisted in Jewish practices, such as eating -meat in lent, but forced their Christian servants to do likewise, and -when the inquisitor, Fray Mateo de Rapica, with the aid of the Bishop of -Elna, sought to reduce them to conformity, they defiantly published a -defamatory libel upon him and, with the assistance of certain laymen, -afflicted him with injuries and expenses.[421] It was not without cause -that, when Bishop Alfonso de Santa María procured the decree of 1434 -from the council of Basle, he included a clause branding as heretics all -Conversos who adhered to Jewish superstitions, directing bishops and -inquisitors to enquire strictly after them and to punish them condignly, -and pronouncing liable to the penalties of fautorship all who support -them in those practices.[422] The decree, of course, proved a dead -letter, but none the less was it the foreshadowing of the Inquisition. -When Nicholas V, in 1449, issued his bull in favor of the Conversos, he -followed the example of the council of Basle, in excepting those who -secretly continued to practise Jewish rites. In the methods commonly -employed to procure conversions the result was inevitable and incurable. - -What rendered this especially serious was the success of the Conversos -in obtaining high office in Church and State. Important sees were -occupied by bishops of Jewish blood; the chapters, the monastic orders -and the curacies were full of them; they were prominent in the royal -council and everywhere enjoyed positions of influence. The most powerful -among them--the Santa Marías, the Dávilas and their following--had -turned against the royal favorite Alvaro de Luna and, with the -discontented nobles, were plotting his ruin, when he seems to have -conceived the idea that, if he could introduce the Inquisition in -Castile, he might find in it a weapon wherewith to subdue them. At least -this is the only explanation of an application made to Nicholas V, in -1451, by Juan II, for a delegation of papal inquisitorial power for the -chastisement of Judaizing Christians. The popes had too long vainly -desired to introduce the Inquisition in Castile for Nicholas to neglect -this opportunity. He promptly commissioned the Bishop of Osma, his vicar -general, and the Scholasticus of Salamanca as inquisitors, either by -themselves or through such delegates as they might appoint, to -investigate and punish without appeal all such offenders, to deprive -them of ecclesiastical dignities and benefices and of temporal -possessions, to pronounce them incapable of holding such positions in -future, to imprison and degrade them, and, if the offence required, to -abandon them to the secular arm for burning. Full power was granted to -perform any acts necessary or opportune to the discharge of these duties -and, if resistance were offered, to invoke the aid of the secular power. -All this was within the regular routine of the inquisitorial office, but -there was one clause which showed that the object of the measure was the -destruction of de Luna's enemies, the Converso bishops, for the -commission empowered the appointees to proceed even against bishops--a -faculty never before granted to inquisitors and subsequently, as we -shall see, withheld when the new Inquisition was organized.[423] All -this was the formal establishment of the Inquisition on Castilian soil -and, if circumstances had permitted its development, it would not have -been left for Isabella to introduce the institution. The Inquisition, -however, rested on the secular power for its efficiency. In Spain, -especially, there was little respect for the naked papal authority, -while that of Juan II was too much enfeebled to enable him to establish -so serious an innovation. The New Christians recognized that their -safety depended on de Luna's downfall; the conspiracy against him won -over the nerveless Juan II and, in 1453, he was hurriedly condemned and -executed. Naturally the bull remained inoperative, and, some ten years -later, Alonso de Espina feelingly complains "Some are heretics and -Christian perverts, others are Jews, others Saracens, others devils. -There is no one to investigate the errors of the heretics. The ravening -wolves, O Lord, have entered thy flock, for the shepherds are few; many -are hirelings and as hirelings they care only for shearing and not for -feeding thy sheep."[424] - -[Sidenote: ALONSO DE ESPINA] - -To Fray Alonso de Espina may be ascribed a large share in hastening the -development of organized persecution in Spain, by inflaming the race -hatred of recent origin which already needed no stimulation. He was a -man of the highest reputation for learning and sanctity and when, early -in his career, he was discouraged by the slender result of his -preaching, a miracle revealed to him the favor of Heaven and induced him -to persevere.[425] In 1453 we find him administering to Alvaro de Luna -the last consolations of religion at his hurried execution, and he -became the confessor of Henry IV.[426] In 1454, when a child was robbed -and murdered at Valladolid and the body was scratched up by dogs, the -Jews were, of course, suspected and confession was obtained by torture. -Alonso happened to be there and aroused much public excitement by his -sermons on the subject, in which he asserted that the Jews had ripped -out the child's heart, had burnt it and, by mingling the ashes with -wine, had made an unholy sacrament, but unfortunately, as he tells us, -bribery of the judges and of King Henry enabled the offenders to -escape.[427] The next year, 1455, as Provincial of the Observantine -Franciscans, he was engaged in an unsuccessful attempt to drive the -Conventuals out of Segovia or to obtain a separate convent for the -Observantines.[428] Thenceforth he seems to have concentrated his -energies on the endeavor to bring about the forced conversion of the -Jews and to introduce the Inquisition as a corrective of the apostasy of -the Conversos. He is usually considered to have himself belonged to the -class of Converso who entertained an inextinguishable hatred for their -former brethren, but there is no evidence of this and the probabilities -are altogether against it.[429] - -His _Fortalicium Fidei_ is a deplorable exhibition of the fanatic -passions which finally dominated Spain. He rakes together, from the -chronicles of all Europe, the stories of Jews slaying Christian children -in their unholy rites, of their poisoning wells and fountains, of their -starting conflagrations and of all the other horrors by which a healthy -detestation of the unfortunate race was created and stimulated. The -Jewish law, he tells us, commands them to slay Christians and to -despoil them whenever practicable and they obey it with quenchless -hatred and insatiable thirst for revenge. Thrice a day in their prayers -they repeat "Let there be no hope for Meschudanim (Conversos); may all -heretics and all who speak against Israel be speedily cut off; may the -kingdom of the proud be broken and destroyed and may all our enemies be -crushed and humbled speedily in our days!"[430] But the evil now wrought -by Jews is trifling to that which they will work at the coming of -Antichrist, for they will be his supporters. Alexander the Great shut -them up in the mountains of the Caspian, adjoining the realms of the -Great Khan or monarch of Cathay. There, between the castles of Gog and -Magog, confined by an enchanted wall, they have multiplied until now -they are numerous enough to fill twenty-four kingdoms. When Antichrist -comes they will break loose and rally around him, as likewise will all -the Jews of the Diaspora, for they will regard him as their promised -Messiah and will worship him as their God, and with their united aid he -will overrun the earth. With such eventualities in prospect it is no -wonder that Fray Alonso could convince himself, in opposition to the -canon law, that the forced conversion of the Jews was lawful and -expedient, as well as the baptism of their children without their -consent.[431] When such was the temper in which a man of distinguished -learning and intelligence discussed the relations between Jews and -Christians, we can imagine the character of the sermons in which, from -numerous pulpits, the passions of the people were inflamed against their -neighbors. - -[Sidenote: _JUDAISM OF CONVERSOS_] - -If open Judaism thus was abhorrent, still worse was the insidious heresy -of the Conversos who pretended to be Christians and who more or less -openly continued to practise Jewish rites and perverted the faithful by -their influence and example. These abounded on every hand and there was -scarce an effort made to repress or to punish them. The law, from the -earliest times, provided the death penalty for their offence, but there -was none found to enforce it.[432] Fray Alonso dolefully asserts that -they succeeded by their presents in so blinding princes and prelates -that they were never punished and that, when one person accused them, -three would come forward in their favor. He relates an instance of such -an attempt, in 1458 at Formesta, where a barber named Fernando Sánchez -publicly maintained monotheism. Fortunately Bishop Pedro of Palencia had -zeal enough to prosecute him, when his offence was proved and, under -fear of the death penalty, he recanted, but when he was condemned to -imprisonment for life so much sympathy was excited by the unaccustomed -severity that, in accordance with numerous petitions, the sentence was -commuted to ten years' exile. In 1459, at Segovia, a number of Conversos -were by an accident discovered in the synagogue, praying at the feast of -Tabernacles, but nothing seems to have been done with them. At Medina -del Campo, in the same year, Fray Alonso was informed that there were -more than a hundred who denied the truth of the New Testament, but he -could do nothing save preach against them, and subsequently he learned -that in one house there were more than thirty men, at that very time, -laid up in consequence of undergoing circumcision. It is no wonder that -he earnestly advocated the introduction of the Inquisition as the only -cure for this scandalous condition of affairs, that he argued in its -favor with the warmest zeal and answered all objections in a manner -which showed that he was familiar with its workings from a careful study -of the Clementines and of Eymeric's Directorium.[433] - -The good Cura de los Palacios is equally emphatic in his testimony as to -the prevalence of Judaism among the Conversos. For the most part, he -says, they continued to be Jews, or rather they were neither Christians -nor Jews but heretics, and this heresy increased and flourished through -the riches and pride of many wise and learned men, bishops and canons -and friars and abbots and financial agents and secretaries of the king -and of the magnates. At the commencement of the reign of Ferdinand and -Isabella this heresy grew so powerful that the clerks were on the point -of preaching the law of Moses. These heretics avoided baptizing their -children and, when they could not prevent it, they washed off the -baptism on returning from the church; they ate meat on fast days and -unleavened bread at Passover, which they observed as well as the -Sabbaths; they had Jews who secretly preached in their houses and rabbis -who slaughtered meat and birds for them; they performed all the Jewish -ceremonies in secret as well as they could and avoided, as far as -possible, receiving the sacrament; they never confessed truly--a -confessor, after hearing one of them, cut off a corner of his garment -saying "Since you have never sinned I want a piece of your clothes as a -relic to cure the sick." Many of them attained to great wealth, for they -had no conscience in usury, saying that they were spoiling the -Egyptians. They assumed airs of superiority, asserting that there was no -better race on earth, nor wiser, nor shrewder, nor more honorable -through their descent from the tribes of Israel.[434] - -[Sidenote: _COMMENCEMENT OF PERSECUTION_] - -In fact, when we consider the popular detestation of the Conversos and -the invitation to attack afforded by their Judaizing tendencies, the -postponement in establishing the Inquisition is attributable to the -all-pervading lawlessness of the period and the absence of a strong -central power. The people gratified their hatred by an occasional -massacre, with its accompanying pillage, but among the various factions -of the distracted state no one was strong enough to attempt a systematic -movement provoking the bitterest opposition of a powerful class whose -members occupied confidential positions in the court not alone of the -king but of every noble and prelate. Earnest and untiring as was Fray -Alonso's zeal it therefore was fruitless. In August, 1461, he induced -the heads of the Observantine Franciscans to address the chapter of the -Geronimites urging a union of both bodies in the effort to obtain the -introduction of the Inquisition. The suggestion was favorably received -but the answer was delayed, and the impatient Fray Alonso, with Fray -Fernando de la Plaza and other Observantines, appealed directly to King -Henry, representing the prevalence of the Judaizing heresy throughout -the land and the habitual circumcision of the children of -Conversos.[435] The zeal of Fray Fernando outran his discretion and in -his sermons he declared that he possessed the foreskins of children -thus treated. King Henry sent for him and said that this practice was a -gross insult to the Church, which it was his duty to punish, ordering -him to produce the objects and reveal the names of the culprits. The -fraile could only reply that he had heard it from persons of repute and -authority, but, on being commanded to state their names, refused to do -so, thus tacitly acknowledging that he had no proof. The Conversos were -not slow in taking advantage of his blunder and, to crown the defeat of -the Observantines, the Geronimites changed their views. Their general, -Fray Alonso de Oropesa, who himself had Jewish blood in his veins, was a -man deservedly esteemed; under his impulsion they mounted the pulpit in -defence of the Conversos and the Observantines for the time were -silenced.[436] While the labors of the fiery Fray Alonso were -unquestionably successful in intensifying the bitterness of race hatred, -their only direct result was seen in the Concordia of Medina del Campo -between Henry IV and his revolted nobles in 1464-5. In this an elaborate -clause deplored the spread of the Judaizing heresy; it ordered the -bishops to establish a searching inquisition throughout all lands and -lordships, regardless of franchises and privileges, for the detection -and punishment of the heretics; it pledged the king to support the -measure in every way and to employ the confiscations in the war with the -Moors and it pointed out that the enforcement of this plan would put an -end to the tumults and massacres directed against the suspects.[437] -Under this impulsion some desultory persecution occurred. In the trial -of Beatriz Nuñez, by the Inquisition of Toledo in 1485, witnesses allude -to her husband, Fernando González who, some twenty years before, had -been convicted and reconciled.[438] More detailed is a case occurring at -Llerena in 1467, where, on September 17th, two Conversos, Garcí -Fernández Valency and Pedro Franco de Villareal, were discovered in the -act of performing Jewish ceremonies. The alcalde mayor, Alvaro de -Céspedes, at once seized them and carried them before the episcopal -vicar, Joan Millan. They confessed their Judaism and the vicar at once -sentenced them to be burnt alive, which was executed the same day; two -women compromised in the matter were condemned to other penalties and -the house in which the heresy had been perpetrated was torn down.[439] -In such cases the bishops were merely exercising their imprescriptible -jurisdiction over heresy, but the prelacy of Castile was too much -occupied with worldly affairs to devote any general or sustained energy -to the suppression of Judaizers, and the land was too anarchical for the -royal power to exert any influence in carrying the Concordia into -effect; the Deposition of Avila, which followed in the next year, -plunged everything again into confusion and the only real importance of -the attempt lies in its significance of what was impending when peace -and a strong government should render such a measure feasible. Yet it is -a noteworthy fact that, in all the long series of the Córtes of Castile, -from the earliest times, the proceedings of which have been published in -full, there was no petition for anything approaching an Inquisition. In -the fourteenth century there were many complaints about the Jews and -petitions for restrictive laws, but these diminish in the fifteenth -century and the later Córtes, from 1450 on, are almost free from them. -The fearful disorders of the land gave the procurators or deputies -enough to complain about and they seem to have had no time to waste on -problematical dangers to religion.[440] - - * * * * * - -[Sidenote: _PRELIMINARY MOVEMENTS_] - -This was the situation at the accession of Ferdinand and Isabella in -1474. Some years were necessary to settle the question of the -succession, disputed by the unfortunate Beltraneja, and to quell the -unruly nobles. During this period Sixtus IV renewed the attempt to -introduce the papal Inquisition, for, in sending Nicoló Franco to -Castile as legate, he commissioned him with full inquisitorial faculties -to prosecute and punish the false Christians who after baptism persisted -in the observance of Jewish rites.[441] The effort, however, was -fruitless and is interesting chiefly from the evidence which it gives of -the desire of Sixtus to give to Castile the blessing of the Inquisition. -Ferdinand and Isabella, as we have seen, were habitually jealous of -papal encroachments and were anxious to limit rather than to extend the -legatine functions; they did not respond to the papal zeal for the -purity of the faith and even when quiet was to a great extent restored -they took no initiative with regard to a matter which had seemed to Fray -Alonso de Espina so immeasurably important. In his capacity of agitator -he had been succeeded by Fray Alonso de Hojeda, prior of the Dominican -house of San Pablo of Seville, who devoted himself to the destruction of -Judaism, both open as professed by the Jews and concealed as attributed -to the Conversos. The battle of Toro, March 1, 1476, virtually broke up -the party of the Beltraneja, of which the leaders made their peace as -best they could, and the sovereigns could at last undertake the task of -pacifying the land. At the end of July, 1477, Isabella, after capturing -the castle of Trugillo, came, as we have seen, to Seville where she -remained until October, 1478.[442] The presence of the court, with -Conversos filling many of its most important posts, excited Fray Alonso -to greater ardor than ever. It was in vain, however, that he called the -queen's attention to the danger threatening the faith and the State from -the multitude of pretended Christians in high places. She was receiving -faithful service from members of the class accused and she probably was -too much occupied with the business in hand to undertake a task that -could be postponed. It is said that her confessor, Torquemada, at an -earlier period, had induced her to take a vow that, when she should -reach the throne, she would devote her life to the extirpation of heresy -and the supremacy of the Catholic faith, but this may safely be -dismissed as a legend of later date.[443] Be this as it may, all that -was done at the moment was that Pero González de Mendoza, then -Archbishop of Seville, held a synod in which was promulgated a catechism -setting forth the belief and duties of the Christian, which was -published in the churches and hung up for public information in every -parish, while the priests were exhorted to increased vigilance and the -frailes to fresh zeal in making converts.[444] The adoption of such a -device betrays the previous neglect of all instruction of the Marranos -in the new religion imposed on them. - -The court left Seville and Hojeda's opportunity seemed to have passed -away. Whatever alacrity the priests may have shown in obeying their -archbishop, nothing was accomplished nor was the increased zeal of the -frailes rewarded with success. There is a story accredited by all -historians of the Inquisition that Hojeda chanced to hear of a meeting -of Jews and Conversos on the night of Good Friday, March 28, 1478, to -celebrate their impious rites and that he hastened with the evidence to -Córdova and laid it before the sovereigns, resulting in the punishment -of the culprits and turning the scale in favor of introducing the -Inquisition, but there is no contemporary evidence of its truth and the -dates are irreconcilable, nor was such an incentive necessary.[445] The -insincerity of the conversion of a large portion of the Marranos was -incontestable; according to the principles universally accepted at the -period it was the duty of the sovereigns to reduce them to conformity; -with the pacification of the land the time had come to attempt this -resolutely and comprehensively and the only question was as to the -method. - -[Sidenote: _THE INQUISITION APPLIED FOR_] - -It was inevitable that there should have been a prolonged struggle in -the court before the drastic remedy of the Inquisition was adopted. The -efforts of its advocates were directed, not against the despised and -friendless Jews, but against the powerful Conversos, embracing many of -the most trusted counsellors of the sovereigns and men high in station -in the Church, who could not but recognize the danger impending on all -who traced their descent from Israel. There seems at first to have been -a kind of compromise adopted, under which Pedro Fernández de Solis, -Bishop of Cadiz, who was Provisor of Seville, with the Assistente Diego -de Merlo, Fray Alfonso de Hojeda and some other frailes were -commissioned to take charge of the matter, with power to inflict -punishment. This resulted in a report by the commissioners to the -sovereigns that a great portion of the citizens of Seville were infected -with heresy, that it involved men high in station and power, and that it -spread throughout not only Andalusia but Castile, so that it was -incurable save by the organization of the Inquisition.[446] The -Archbishop Mendoza, doubtless disgusted with the failure of his methods -of instruction, joined in these representations and they had a powerful -supporter in Fray Thomas de Torquemada, prior of the Dominican convent -of Santa Cruz in Segovia, who, as confessor of the sovereigns, had much -influence over them and who had long been urging the vigorous -chastisement of heresy.[447] At last the victory was won. Ferdinand and -Isabella resolved to introduce the Inquisition in the Castilian kingdoms -and their ambassadors to the Holy See, the Bishop of Osma and his -brother Diego de Santillan, were ordered to procure the necessary bull -from Sixtus IV.[448] This must have been shrouded in profound secrecy, -for, in July, 1478, while negotiations must have been on foot in Rome, -Ferdinand and Isabella convoked a national synod at Seville which sat -until August 1st. In the propositions laid by the sovereigns before this -body there is no hint that such a measure was desired or proposed and, -in the deliberations of the assembled prelates, there is no indication -that the Church thought any action against the Conversos necessary.[449] -Even as late as 1480, after the procurement of the bull and before its -enforcement, the Córtes of Toledo presented to the sovereigns a detailed -memorial embodying all the measures of reform desired by the people. In -this the separation of Christians from Jews and Moors is asked for, but -there is no request for the prosecution of apostate Conversos.[450] -Evidently there was no knowledge of and no popular demand for the -impending Inquisition. - -Sixtus can have been nothing loath to accomplish the introduction of the -Inquisition in Castile, which his predecessors had so frequently and so -vainly attempted and which he had essayed to do a few years previous by -granting the necessary faculties to his legate. If the request of the -Castilian sovereigns, therefore, was not immediately granted it cannot -have been from humanitarian motives as alleged by some modern -apologists, but because Ferdinand and Isabella desired, not the -ordinary papal Inquisition, but one which should be under the royal -control and should pour into the royal treasury the resultant -confiscations. Hitherto the appointment of inquisitors had always been -made by the Provincials of the Dominican or Franciscan Orders according -as the territory belonged to one or to the other, with occasional -interference on the part of the Holy See, from which the commissions -emanated. It was a delegation of the supreme papal authority and had -always been held completely independent of the secular power, but -Ferdinand and Isabella were too jealous of papal interference in the -internal affairs of their kingdoms to permit this, and it is an evidence -of the extreme desire of Sixtus to extend the Inquisition over Castile -that he consented to make so important a concession. There also was -doubtless discussion over the confiscations which the wealth of the -Conversos promised to render large. This was a matter in which there was -no universally recognized practice. In France they enured to the -temporal seigneur. In Italy the custom varied at different times and in -the various states, but the papacy assumed to control it and, in the -fourteenth century, it claimed the whole, to be divided equally between -the Inquisition and the papal camera.[451] The matter was evidently one -to be determined by negotiation, and in this too the sovereigns had -their way, for the confiscations were tacitly abandoned to them. Nothing -was said as to defraying the expenses of the institution, but this was -inferred by the absorption of the confiscations. If it was to be -dependent on the crown the crown must provide for it, and we shall see -hereafter the various devices by which a portion of the burden was -subsequently thrown upon the Church. - -[Sidenote: _NATURE OF THE PAPAL BULL_] - -The bull as finally issued bears date November 1, 1478, and is a very -simple affair which, on its face, bears no signs of its momentous -influence in moulding the destinies of the Spanish Peninsula. After -reciting the existence in Spain of false Christians and the request of -Ferdinand and Isabella that the pope should provide a remedy, it -authorizes them to appoint three bishops or other suitable men, priests -either regular or secular, over forty years of age, masters or bachelors -in theology or doctors or licentiates of canon law, and to remove and -replace them at pleasure. These are to have the jurisdiction and -faculties of bishops and inquisitors over heretics, their fautors and -receivers.[452] Subsequently Sixtus pronounced the bull to have been -drawn inconsiderately and not in accordance with received practice and -the decrees of his predecessors, which doubtless referred to the power -of appointment and removal lodged in the crown and also to the omission -of the requirement of episcopal concurrence in rendering judgment.[453] -The creation of inquisitors was in itself an invasion of episcopal -jurisdiction, which, from the earliest history of the institution, had -been the source of frequent trouble, and where, as in Spain, many -bishops were of Jewish blood and therefore under suspicion, the question -was more intricate than elsewhere. With respect to this, moreover, it is -observable that the bull did not confer, like that of Nicholas V, in -1451, jurisdiction over bishops in any special derogation of the decree -of Boniface VIII requiring them, when suspected of heresy, to be tried -by the pope.[454] Both of these questions, as we shall see, -subsequently gave rise to considerable discussion. - -So far the anti-Semitic party had triumphed, but Isabella's hesitation -to exercise the powers thus obtained shows that the Conversos in her -court did not abandon the struggle and that for nearly two years they -succeeded in keeping the balance even. It is possible also that -Ferdinand was not inclined to a severity of which he could forecast the -economical disadvantages, for as late as January, 1482, a letter from -him to the inquisitors of his kingdom of Valencia manifests a marked -preference for the use of mild and merciful methods.[455] Whatever may -have been the influences at work, it was not until September 17, 1480, -that the momentous step was taken which was to exercise so sinister an -influence on the destinies of Spain. On that day commissions were issued -to two Dominicans, Miguel de Morillo, master of theology, and Juan de -San Martin, bachelor of theology and friar of San Pablo in Seville, who -were emphatically told that any dereliction of duty would entail their -removal, with forfeiture of all their temporalities and -denationalization in the kingdom, thus impressing upon them their -subordination to the crown. Still there were delays. October 9th a royal -order commanded all officials to give them free transportation and -provisions on their way to Seville, where, as in the most infected spot, -operations were to commence. When they reached the city they waited on -the chapter and presented their credentials; the municipal council met -them at the chapter-house door and escorted them to the city hall, where -a formal reception took place and a solemn procession was organized for -the following Sunday. They were thus fairly installed but apparently -they still found difficulties thrown in their way for, on December 27, -it was deemed necessary to issue a royal cédula to the officials -ordering them to render all aid to the inquisitors.[456] - -[Sidenote: _COMMENCEMENT AT SEVILLE_] - -They had not waited for this to organize their tribunal, with Doctor -Juan Ruiz de Medina as assessor and Juan Lopez del Barco, a chaplain of -the queen, as promotor fiscal or prosecuting officer. To these were -added, May 13, 1481, Diego de Merlo, assistente or corregidor of -Seville, and the Licentiate Ferrand Yáñez de Lobon as receivers of -confiscations--an indispensable office in view of the profits of -persecution. All soon found plenty of work. The Conversos of Seville had -not been unmindful of the coming tempest. Many of them had fled to the -lands of the neighboring nobles, in the expectation that feudal -jurisdictions would protect them, even against a spiritual court such as -that of the Inquisition. To prevent this change of domicile a royal -decree ordered that no one should leave any place where inquisitors were -holding their tribunal, but in the general terror this arbitrary command -received scant obedience. A more efficient step was a proclamation -addressed, on January 2, 1481, to the Marquis of Cadiz and other nobles -by the frailes Miguel and Juan. This proved that no error had been made -in the selection of those who were to lay the foundations of the -Inquisition and that a new era had opened for Spain. The two simple -friars spoke with an assured audacity to grandees who had been wont to -treat with their sovereigns on almost equal terms--an audacity which -must have appeared incredible to those to whom it was addressed, but to -which Spain in time became accustomed from the Holy Office. The great -Rodrigo Ponce de Leon and all other nobles were commanded to search -their territories, to seize all strangers and newcomers and to deliver -them within fifteen days at the prison of the Inquisition; to -sequestrate their property and confide it, properly inventoried, to -trustworthy persons who should account for it to the king or to the -inquisitors. In vigorous language they were told that any failure in -obeying these orders would bring upon them excommunication removable -only by the inquisitors or their superiors, with forfeiture of rank and -possessions and the release of their vassals from allegiance and from -all payments due--a release which the inquisitors assumed to grant in -advance, adding that they would prosecute them as fautors, receivers and -defenders of heretics.[457] This portentous utterance was effective: the -number of prisoners was speedily so great that the convent of San Pablo, -which the inquisitors at first occupied, became insufficient and they -obtained permission to establish themselves in the great fortress of -Triana, the stronghold of Seville, of which the immense size and the -gloomy dungeons rendered it appropriate for the work in hand.[458] - -[Sidenote: _THE FIRST AUTO DE FE_] - -There were other Conversos, however, who imagined that resistance was -preferable to flight. Diego de Susan, one of the leading citizens of -Seville, whose wealth was estimated at ten millions of maravedís, -assembled some of his prominent brethren of Seville, Utrera and Carmona -to deliberate as to their action. The meeting was held in the church of -San Salvador and comprised ecclesiastics of high rank, magistrates and -officials belonging to the threatened class. Civic tumults had been so -customary a resource, when any object was to be gained, that Susan -naturally suggested, in a fiery speech, that they should recruit -faithful men, collect a store of arms, and that the first arrest by the -inquisitors should be the signal of a rising in which the inquisitors -should be slain and thus an emphatic warning be given to deter others -from renewing the attempt. In spite of some faint-heartedness manifested -by one or two of those present, the plan was adopted and steps were -taken to carry it out. When Pedro Fernández Venedera, mayordomo of the -cathedral, one of the conspirators, was arrested, weapons to arm a -hundred men were found in his house, showing how active were the -preparations on foot. The plot would doubtless have been executed and -have led to a massacre, such as we have so often seen in the Spanish -cities, but for a daughter of Diego Susan, whose loveliness had won for -her the name of the _Fermosa Fembra_. She was involved in an intrigue -with a Christian caballero, to whom she revealed the secret and it was -speedily conveyed to the inquisitors.[459] - -Nothing could better have suited their purpose. If there had been any -feeling of opposition to them on the part of the authorities it -disappeared and the most important members of the Converso community -were in their power. Diego de Merlo, the assistente of Seville, arrested -at the bidding of the inquisitors the richest and most honorable -Conversos, magistrates and dignitaries, who were confined in San Pablo -and thence transferred to the castle of Triana. The trials were prompt -and at the rendering of sentence a _consulta de fe_ or assembly of -experts was convoked, consisting of lawyers and the provisor of the -bishopric, thus recognizing the necessity of concurrent action on the -part of the episcopal jurisdiction. What justified the sentence of -burning it would be difficult to say. It was not obstinate heresy for -one at least of the victims is stated to have died as a good Christian; -it could not have been the plot, for this, in so far as it was an -ecclesiastical offence, was merely impeding the Inquisition, and even -the assassins of St. Peter Martyr, when they professed repentance, were -admitted to penance. It was a new departure, in disregard of all the -canons, and it gave warning that the New Inquisition of Spain was not to -follow in the footsteps of the Old, but was to mark out for itself a yet -bloodier and more terrible career.[460] - -Justice was prompt and the first auto de fe was celebrated February 6, -1481, when six men and women were burnt and the sermon was preached by -Fray Alonso de Hojeda, who now saw the efforts of so many years crowned -with success. He might well say _nunc demittis_, for though a second -auto followed in a few days his eyes were not to rejoice at the holy -spectacle, for the pestilence which was to carry off fifteen thousand of -the people of Seville was now commencing and he was one of the earliest -victims. In the second auto there were only three burnings, Diego de -Susan, Manuel Sauli and Bartolomé de Torralba, three of the wealthiest -and most important citizens of Seville. As though to show that the work -thus begun was to be an enduring one, a _quemadero_, _brasero_, or -burning-place was constructed in the Campo de Tablada, so massively that -its foundations can still be traced. On four pillars at the corners were -erected statues of the prophets in plaster-of-Paris, apparently to -indicate that, although technically the burning was the work of secular -justice, it was performed at the command of religion.[461] - -[Sidenote: _THE TERM OF GRACE_] - -Further arrests and burnings promptly followed, the wealth and -prominence of the victims proving that here was a tribunal which was no -respecter of persons and that money or favor could avail nothing against -its rigid fanaticism. The flight of the terror-stricken Conversos was -stimulated afresh, but the Inquisition was not thus to be balked of its -prey; flight was forbidden and guards were placed at the gates, where so -many were arrested that no place of confinement sufficiently capacious -for them could be found, yet notwithstanding this great numbers escaped -to the lands of the nobles, to Portugal and to the Moors. The plague now -began to rage with violence, God and man seemed to be uniting for the -destruction of the unhappy Conversos, and they petitioned Diego de Merlo -to allow them to save their lives by leaving the pest-ridden city. The -request was humanely granted to those who could procure passes, on -condition that they should leave their property behind and only take -with them what was necessary for immediate use. Under these regulations -multitudes departed, more than eight thousand finding refuge at -Mairena, Marchena and Palacios. The Marquis of Cadiz, the Duke of Medina -Sidonia and other nobles received them hospitably, but many kept on to -Portugal or to the Moors and some, we are told, even found refuge in -Rome. The inquisitors themselves were obliged to abandon the city, but -their zeal allowed of no respite; they removed their tribunal to -Aracena, where they found ample work to do, burning there twenty-three -men and women, besides the corpses and bones of numerous deceased -heretics, exhumed for the purpose. When the pestilence diminished they -returned to Seville and resumed their work there with unrelaxing -ardor.[462] According to a contemporary, by the fourth of November they -had burnt two hundred and ninety-eight persons and had condemned -seventy-nine to perpetual prison.[463] - -As novices, it would seem that the zeal of the inquisitors had plunged -them into the business of arresting and trying suspects without -resorting to the preliminary device, which had been found useful in the -earliest operations of the Holy Office--the Term of Grace. This was a -period, longer or shorter according to the discretion of the -inquisitors, during which those who felt themselves guilty could come -forward and confess, when they would be reconciled to the Church and -subjected to penance, pecuniary and otherwise, severe enough, but -preferable to the stake. One of the conditions was that of stating all -that they knew of other heretics and apostates, which proved an -exceedingly fruitful source of information as, under the general terror, -there was little hesitation in denouncing not only friends and -acquaintances, but the nearest and dearest kindred--parents and children -and brothers and sisters. No better means of detecting the hidden -ramifications of Judaism could be devised and, towards the middle of the -year 1481, the inquisitors adopted it.[464] The mercy thus promised was -scanty, as we shall see hereafter when we come to consider the subject, -but it brought in vast numbers and autos de fe were organized in which -they were paraded as penitents, no less than fifteen hundred being -exhibited in one of these solemnities. It can readily be conceived how -soon the inquisitors were in possession of information inculpating -Conversos in every corner of the land. It was freely asserted that they -were all in reality Jews, who were waiting for God to lead them out of -the worse than Egyptian bondage in which they were held by the -Christians.[465] Thus was demonstrated not only the necessity of the -Inquisition but of its extension throughout Spain. The evil was too -great and its immediate repression too important for the work to be -entrusted to the two friars laboring so zealously in Seville. Permission -had been obtained only for the appointment of three and application was -made to Sixtus IV for additional powers. On this occasion he did not as -before allow the commissions to be granted in the name of the sovereigns -but issued them direct to those nominated to him by them, whereby the -inquisitors held their faculties immediately from the Holy See. Thus by -a brief of February 11, 1482, he commissioned seven--Pedro Ocaño, Pedro -Martínez de Barrio, Alfonso de San Cebriano, Rodrigo Segarra, Thomás de -Torquemada and Bernardo Santa María, all Dominicans.[466] Still more -were required, of whose appointments we have no definite knowledge, to -man the tribunals which were speedily formed at Ciudad-Real, Córdova, -Jaen, and possibly at Segovia.[466a] - -[Sidenote: _CIUDAD-REAL AND TOLEDO_] - -The one at Ciudad-Real was intended for the great archiepiscopal -province of Toledo, to which city it was transferred in 1485. The reason -why it was first established at the former place may perhaps be that the -warlike Archbishop Alonso Carrillo, whether through zeal for the faith -or in order to assert his episcopal jurisdiction over heresy and prevent -the intrusion of the papal inquisitors, had appointed before his death, -July 1, 1482, a certain Doctor Thomás as inquisitor in Toledo. To what -extent the latter performed his functions we have no means of knowing, -the only trace of his activity being the production and incorporation, -in the records of subsequent trials by the Inquisition of Ciudad-Real, -of evidence taken by him.[467] Be this as it may the Inquisition of -Ciudad-Real was not organized until the latter half of 1483. It -commenced by issuing an Edict of Grace for thirty days, at the -expiration of which it extended the time for another thirty days. -Meanwhile it was busily employed, throughout October and November, in -making a general inquest and taking testimony from all who would come -forward to give evidence. In the resultant trials the names of some of -the witnesses appear with suspicious frequency and the nature of their -reckless general assertions, without personal knowledge, shows how -flimsy was much of the evidence on which prosecutions were based. That -the inquest was thorough and that every one who knew anything damaging -to a Converso was brought up to state it may be assumed from the trial -of Sancho de Ciudad in which the evidence of no less than thirty-four -witnesses was recorded, some of them testifying to incidents happening -twenty years previous. Much of this moreover indicates the careless -security in which the Conversos had lived and allowed their Jewish -practices to be known to Christian servants and acquaintances with whom -they were in constant intercourse. The first public manifestation of -results seems to have been an auto de fe held November 16th, in the -church of San Pedro, for the reconciliation of penitents who had come -forward during the Term of Grace.[468] Soon after this the trials of -those implicated commenced and were prosecuted with such vigor that, on -February 6, 1484, an auto de fe was held in which four persons were -burnt, followed on the 23d and 24th of the same month by an imposing -solemnity involving the concremation of thirty living men and women and -the bones and effigies of forty who were dead or fugitives.[469] In its -two years of existence the tribunal of Ciudad-Real burnt fifty-two -obstinate heretics, condemned two hundred and twenty fugitives and -reconciled one hundred and eighty-three penitents.[470] - -In 1485 the tribunal of Ciudad-Real was transferred to the city of -Toledo where the Conversos were very numerous and wealthy. They -organized a plot to raise a tumult and despatch the inquisitors during -the procession of Corpus Christi (June 2d) but, as in the case of -Seville, it was betrayed and six of the conspirators were hanged, after -which we hear of no further trouble there. Those who were first arrested -confessed that the design extended to seizing the city gates and -cathedral tower and holding the place against the sovereigns.[471] - -[Sidenote: _PENITENTS IN TOLEDO_] - -The inquisitor, Pedro Díaz, had preached the first sermon on May 24th, -and, after the defeat of the conspiracy, the tribunal entered vigorously -on its functions. The customary Term of Grace of forty days was -proclaimed and after some delay we are told that many applied for -reconciliation rather through fear of concremation than through good -will. After the expiration of the forty days, letters of excommunication -were published against all cognizant of heresy who should not denounce -it within sixty days--a term subsequently extended by thirty more. -Another very effectual expedient was adopted by summoning the Jewish -rabbis and requiring them, under penalty of life and property, to place -a major excommunication on their synagogues and not remove it until all -the members should have revealed everything within their knowledge -respecting Judaizing Christians. This was only perfecting a device that -had already been employed elsewhere. In 1484, by a cédula of December -10th, Ferdinand had ordered the magistrates of all the principal towns -in Aragon to compel, by all methods recognized in law, the rabbis and -sacristans of the synagogues and such other Jews as might be named, to -tell the truth as to all that might be asked of them, and in Seville we -are told that a prominent Jew, Judah Ibn-Verga, expatriated himself to -avoid compliance with a similar demand. The quality of the evidence -obtained by such means may be estimated from the fact that when, in the -assembly of Valladolid, in 1488, Ferdinand and Isabella investigated the -affairs of the Inquisition, it was found that many Jews testified -falsely against Conversos in order to encompass their ruin, for which -some of those against which this was proved were lapidated in Toledo. -Whether true or false, the Toledan Inquisition reaped by these methods a -plentiful harvest of important revelations. It is easy, in fact, to -imagine the terror pervading the Converso community and the eagerness -with which the unfortunates would come forward to denounce themselves -and their kindred and friends, especially when, after the expiration of -the ninety days, arrests began and quickly followed each other.[472] - -The penitents were allowed to accumulate and at the first auto de fe, -held February 12, 1486, only those of seven parishes--San Vicente, San -Nicolás, San Juan de la leche, Santa Yusta, San Miguel, San Yuste, and -San Lorenzo--were summoned to appear. These amounted to seven hundred -and fifty of both sexes, comprising many of the principal citizens and -persons of quality. The ceremony was painful and humiliating. Bareheaded -and barefooted, except that, in consideration of the intense cold, they -were allowed to wear soles, carrying unlighted candles and surrounded by -a howling mob which had gathered from all the country around, they were -marched in procession through the city to the cathedral, at the portal -of which stood two priests who marked them on the forehead as they -entered with the sign of the cross, saying "Receive the sign of the -cross which you have denied and lost." When inside they were called one -by one before the inquisitors while a statement of their misdeeds was -read. They were fined in one-fifth of all their property for the war -with the Moors; they were subjected to lifelong incapacity to hold -office or to pursue honorable avocations or to wear other than the -coarsest vestments unadorned, under pain of burning for relapse, and -they were required to march in procession on six Fridays, bareheaded and -barefooted, disciplining themselves with hempen cords.[473] The loving -mother Church could not welcome back to her bosom her erring children -without a sharp and wholesome warning, nor did she relax her vigilance, -for this perilous process of confession and reconciliation was so -devised as to furnish many subsequent victims to the stake, as we shall -see hereafter. - -The second auto was held on April 2, 1486, where nine hundred penitents -appeared from the parishes of San Roman, San Salvador, San Cristóval, -San Zoil, Sant Andrés and San Pedro. The third auto, on June 11th, -consisted of some seven hundred and fifty from Santa Olalla, San Tomás, -San Martin and Sant Antolin. The city being thus disposed of, the -various archidiaconates of the district were taken in order. That of -Toledo furnished nine hundred penitents on December 10th, when we are -told that they suffered greatly from the cold. On January 15, 1487, -there were about seven hundred from the archidiaconate of Alcaraz and on -March 10th, from those of Talavera, Madrid and Guadalajara about twelve -hundred, some of whom were condemned in addition to wear the sanbenito -for life. While the more or less voluntary penitents were thus treated -there were numerous autos de fe celebrated of a more serious character -in which there were a good many burnings, including not a few _frailes_ -and ecclesiastical dignitaries, as well as cases of fugitives and of the -dead, who were burned in effigy and their estates confiscated.[474] - -[Sidenote: _TRIBUNAL OF GUADALUPE_] - -In 1485 a temporary tribunal was set up at Guadalupe, where Ferdinand -and Isabella appointed as inquisitor (under what papal authority does -not appear) Fray Nuño de Arevalo, prior of the Geronimite convent there. -Apparently to guide his inexperience Doctor Francisco de la Fuente was -transferred from Ciudad-Real and, with another colleague, the Licentiate -Pedro Sánchez de la Calancha, they purified the place of heresy with so -much vigor that, within a year, they held in the cemetery before the -doors of the monastery seven autos de fe in which were burnt a heretic -monk, fifty-two Judaizers, forty-eight dead bodies and twenty-five -effigies of fugitives, while sixteen were condemned to perpetual -imprisonment and innumerable others were sent to the galleys or penanced -with the _sanbenito_ for life. These energetic proceedings do not appear -to have made good Christians of those who were spared for, July 13, -1500, Inquisitor-general Deza ordered all the Conversos of Guadalupe to -leave the district and not to return.[475] The same year, 1485, saw a -tribunal assigned to Valladolid, but it must have met with effective -resistance, for in September, 1488, Ferdinand and Isabella were obliged -to visit the city in order to get it into working condition; it -forthwith commenced operations by arresting some prominent citizens and -on June 19, 1489, the first auto de fe was held in which eighteen -persons were burnt alive and the bones of four dead heretics.[476] -Still, the existence of this tribunal would seem to have long remained -uncertain for, as late as December 24, 1498, we find Isabella writing to -a new appointee that she and the inquisitor-general have agreed that the -Inquisition must be placed there and ordering him to prepare to -undertake it, and then on January 22, 1501, telling Inquisitor-general -Deza that she approves of its lodgement in the house of Diego de la -Baeza, where it is to remain for the present; she adds that she and -Ferdinand have written to the Count of Cabra to see that for the future -the inquisitors are well treated.[477] Permanent tribunals were also -established in Llerena and Murcia, of the early records of all of which -we know little. In 1490 a temporary one was organized in Avila by -Torquemada, apparently for the purpose of trying those accused of the -murder of the Santo Niño de la Guardia; it continued active until 1500 -and during these ten years there were hung in the church the _insignias -y mantetas_ of seventy-five victims burnt alive, of twenty-six dead and -of one fugitive, besides the sanbenitos of seventy-one reconciled -penitents.[478] - -The various provinces of Castile thus became provided with the machinery -requisite for the extermination of heresy, and at an early period in its -development it was seen that, for the enormous work before it, some more -compact and centralized organization was desirable than had hitherto -been devised. The Inquisition which had been so effective in the -thirteenth and fourteenth centuries was scattered over Europe; its -judges were appointed by the Dominican or Franciscan provincials, using -a course of procedure and obeying instructions which emanated from the -Holy See. The papacy was the only link between them; the individual -inquisitors were to a great extent independent; they were not subjected -to visitation or inspection and it was, if not impossible, a matter of -difficulty to call them to account for the manner in which they might -discharge their functions. Such was not the conception of Ferdinand and -Isabella who intended the Spanish Inquisition to be a national -institution, strongly organized and owing obedience to the crown much -more than to the Holy See. The measures which they adopted with this -object were conceived with their customary sagacity, and were carried -out with their usual vigor and success. - -[Sidenote: _ORGANIZATION_] - -At this period they were earnestly engaged in reorganizing the -institutions of Castile, centralizing the administration and reducing to -order the chaos resulting from the virtual anarchy of the preceding -reigns. In effecting this they apportioned, in 1480, with the consent of -the Córtes of Toledo, the affairs of government among four royal -councils, that of administration and justice, known as the Concejo Real -de Castella, that of Finance, or Concejo de Hacienda, the Concejo de -Estado and the Concejo de Aragon, to which was added a special one for -the Hermandades.[479] These met daily in the palace for the despatch of -business and their effect in making the royal power felt in every -quarter of the land and in giving vigor and unity to the management of -the state soon proved the practical value of the device. The Inquisition -was fast looming up as an affair of state of the first importance, while -yet it could scarce be regarded as falling within the scope of either of -the four councils; the sovereigns were too jealous of papal interference -to allow it to drift aimlessly, subject to directions from Rome, and -their uniform policy required that it should be kept as much as possible -under the royal superintendence. That a fifth council should be created -for the purpose was a natural expedient, for which the assent of Sixtus -IV was readily obtained, when it was organized in 1483 under the name of -the _Concejo de la Suprema y General Inquisicion_--a title conveniently -abbreviated to _la Suprema_--with jurisdiction over all matters -connected with the faith. To secure due subordination and discipline -over the whole body it was requisite that the president of this council -should have full control of appointment and dismissal of the individual -inquisitors who, as exercising power delegated directly from the pope, -might otherwise regard with contempt the authority of one who was also -merely a delegate. It thus became necessary to create a new office, -unknown to the older Inquisition--an inquisitor-general who should -preside over the deliberations of the council. The office evidently was -one which would be of immense weight and the future of the institution -depended greatly on the character of its first chief. By the advice of -the Cardinal Archbishop of Toledo, Pero González de Mendoza, the royal -choice fell on Thomas de Torqemada, the confessor of the sovereigns, who -was one of the seven inquisitors commissioned by the papal letter of -February 11, 1482. The other members of the council were Alonso -Carrillo, Bishop of Mazara (Sicily) and two doctors of laws, Sancho -Velasco de Cuellar and Ponce de Valencia.[480] The exact date of -Torquemada's appointment is not known, as the papal brief conferring it -has not been found, but, as Sixtus created him Inquisitor of Aragon, -Catalonia and Valencia by letters of October 17, 1483, his commission as -Inquisitor-general of Castile was somewhat antecedent.[481] - -[Sidenote: _TORQUEMADA_] - -The selection of Torquemada justified the wisdom of the sovereigns. Full -of pitiless zeal, he developed the nascent institution with unwearied -assiduity. Rigid and unbending, he would listen to no compromise of what -he deemed to be his duty, and in his sphere he personified the union of -the spiritual and temporal swords which was the ideal of all true -churchmen. Under his guidance the Inquisition rapidly took shape and -extended its organization throughout Spain and was untiring and -remorseless in the pursuit and punishment of the apostates. His labors -won him ample praise from successive popes. Already, in 1484, Sixtus IV -wrote to him that Cardinal Borgia had warmly eulogized him for his -success in prosecuting the good work throughout Castile and Leon, adding -"We have heard this with the greatest pleasure and rejoice exceedingly -that you, who are furnished with both doctrine and authority, have -directed your zeal to these matters which contribute to the praise of -God and the utility of the orthodox faith. We commend you in the Lord -and exhort you, cherished son, to persevere with tireless zeal in aiding -and promoting the cause of the faith, by doing which, as we are assured -you will, you will win our special favor." Twelve years later, Cardinal -Borgia, then pope under the name of Alexander VI, assures him in 1496, -that he cherishes him in the very bowels of affection for his immense -labors in the exaltation of the faith.[482] If we cannot wholly -attribute to him the spirit of ruthless fanaticism which animated the -Inquisition, he at least deserves the credit of stimulating and -rendering it efficient in its work by organizing it and by directing it -with dauntless courage against the suspect however high-placed, until -the shadow of the Holy Office covered the land and no one was so hardy -as not to tremble at its name. The temper in which he discharged his -duties and the absolute and irresponsible control which he exercised -over the subordinate tribunals can be fitly estimated from a single -instance. There was a fully organized Inquisition at Medina, with three -inquisitors, an assessor, a fiscal and other officials, assisted by the -Abbot of Medina as Ordinary. They reconciled some culprits and burnt -others, apparently without referring the cases to him, but when they -found reason to acquit some prisoners they deemed it best to transmit -the papers to him for confirmation. He demurred at this mercy and told -the tribunal to try the accused again when the Licentiate Villalpando -should be there as _visitador_. Some months later Villalpando came -there, the cases were reviewed, the prisoners were tortured, two of them -were reconciled and the rest acquitted, the sentences being duly -published as final. Torquemada on learning this was incensed and -declared that he would burn them all. He had them arrested again and -sent to Valladolid, to be tried outside of their district, where his -threat was doubtless carried into effect.[483] When such was the spirit -infused in the organization at the beginning we need not wonder that -verdicts of acquittal are infrequent in the records of its development. -Yet withal Torquemada's zeal could not wholly extinguish worldliness. We -are told, indeed, that he refused the archbishopric of Seville, that he -wore the humble Dominican habit, that he never tasted flesh nor wore -linen in his garments or used it on his bed, and that he refused to give -a marriage-portion to his indigent sister, whom he would only assist to -enter the order of _beatas_ of St. Dominic. Still, his asceticism did -not prevent him from living in palaces surrounded by a princely retinue -of two hundred and fifty armed familiars and fifty horsemen.[484] Nor -was his persecuting career purely disinterested. Though the rule of his -Dominican Order forbade individual ownership of property and, though his -position as supreme judge should have dictated the utmost reserve in -regard to the financial results of persecution, he had no hesitation in -accumulating large sums from the pecuniary penances inflicted by his -subordinates on the heretics who spontaneously returned to the -faith.[485] It is true that the standards of the age were so low that he -made no secret of this and it is also true that he lavished them on the -splendid monastery of St. Thomas Aquinas which he built at Avila, on -enlarging that of Santa Cruz at Segovia of which he was prior and on -various structures in his native town of Torquemada. Yet amid the -ostentation of his expenditure he lived in perpetual fear, and at his -table he always used the horn of a unicorn which was a sovereign -preservative against poison.[486] - -[Sidenote: _INTERNAL QUARRELS_] - -As delegated powers were held to expire with the death of the grantor, -unless otherwise expressly defined, Torquemada's commission required -renewal on the decease of Sixtus IV. Ferdinand and Isabella asked that -the new one should not be limited to the life of the pope, but that the -power should continue, not only during Torquemada's life, but until the -appointment of his successor.[487] The request was not granted and, when -Innocent VIII, by a brief of February 3, 1485, recommissioned Torquemada -it was in the ordinary form. This apparently was not satisfactory, but -the pope was not willing thus to lose all control of the Spanish -Inquisition and a compromise seems to have been reached, for when, -February 6, 1486, Torquemada was appointed Inquisitor-general of -Barcelona and his commission for Spain was renewed, on March 24th of the -same year, it was drawn to continue at the good pleasure of the pope and -of the Holy See, which, without abnegating papal control, rendered -renewals unnecessary.[488] This formula was abandoned in the commissions -of Torquemada's immediate successors, but was subsequently resumed and -continued to be employed through the following centuries.[489] - -Torquemada's commission of 1485 contained the important power of -appointing and dismissing inquisitors, but the confirmation of 1486 bore -the significant exception that all those appointed by the pope were -exempted from removal by him, indicating that in the interval he had -attempted to exercise the power and that the resistance to it had -enlisted papal support. In fact, at the conference of Seville, held in -1484 by Torquemada, there were present the two inquisitors of each of -four existing tribunals; from Seville we find Juan de San Martin, one of -the original appointees of 1479, but his colleague, Miguel de Morillo, -has disappeared and is replaced by Juan Ruiz de Medina, who had been -merely assessor, while but a single one, Pero Martínez de Barrio, of the -seven commissioned by Sixtus IV in 1482 appears as representing the -other tribunals--the rest are all new men, doubtless appointees of -Torquemada.[490] There was evidently a bitter quarrel on foot between -Torquemada and the original papal nominees, who held that their powers, -delegated directly from the pope, rendered them independent of him, and, -as usual, the Holy See inclined to one side or to the other in the most -exasperating manner, as opposing interests brought influence to bear. -Complaints against Torquemada were sufficiently numerous and serious to -oblige him thrice to send Fray Alonso Valaja to the papal court to -justify him.[491] He seems to have removed Miguel de Morillo, who -vindicated himself in Rome, for a brief of Innocent VIII, February 23, -1487, appoints him inquisitor of Seville, in complete disregard of the -faculties granted to Torquemada. Then a _motu proprio_ of November 26, -1487, suspends both him and Juan de San Martin and commissions -Torquemada to appoint their successors. Again, a brief of January 7, -1488, appoints Juan Inquisitor of Seville, while subsequent briefs of -the same year are addressed to him concerning the business of his office -as though he were discharging its duties independently of Torquemada, -but his death in 1489 removed him from the scene. The quarrel evidently -continued, and at one time Fray Miguel enjoyed a momentary triumph, for -a papal letter of September 26, 1491, commissions him as -Inquisitor-general of Castile and Aragon, thus placing him on an -equality with Torquemada himself.[492] It would be impossible now to -determine what part the sovereigns may have had in these changes and to -what extent the popes disregarded the authority conferred on them of -appointment and removal. There was a constant struggle on the one hand -to render the Spanish Holy Office national and independent, and on the -other to keep it subject to papal control. - -[Sidenote: _FIVE INQUISITORS GENERAL_] - -Finally the opposition to Torquemada became so strong that Alexander VI, -in 1494, kindly alleging his great age and infirmities, commissioned -Martin Ponce de Leon, Archbishop of Messina, but resident in Spain, -Iñigo Manrique, Bishop of Córdova, Francisco Sánchez de la Fuente, -Bishop of Avila, and Alonso Suárez de Fuentelsaz, Bishop of Mondonego -and successively of Lugo and Jaen, as inquisitors-general with the same -powers as Torquemada; each was independent and could act by himself and -could even terminate cases commenced by another.[493] It is quite -probable that, to spare his feelings, he was allowed to name his -colleagues as delegates of his powers, for in some instructions issued, -in 1494, by Martin of Messina and Francisco of Avila they describe -themselves as inquisitors-general in all the Spanish realms subdelegated -by the Inquisitor-general Torquemada.[494] He evidently still retained -his pre-eminence and was active to the last, for we have letters from -Ferdinand to him in the first half of 1498 concerning the current -affairs of the Inquisition, in which the Bishop of Lugo declined to -interfere with him. The Instructions of Avila, in 1498, were issued in -his name as inquisitor-general, and the assertion that he resigned two -years before his death, September 16, 1498, is evidently incorrect.[495] -In some respects, however, the Bishop of Avila had special functions -which distinguished him from his colleagues, for he was appointed by -Alexander VI, November 4, 1494, judge of appeals in all matters of faith -and March 30, 1495, he received special faculties to degrade -ecclesiastics condemned by the Inquisition, or to appoint other bishops -for that function.[496] So long as they were in orders clerics were -exempt from secular jurisdiction and it was necessary to degrade them -before they could be delivered to the civil authorities for burning. -Under the canons, this had to be done by their own bishops, who were not -always at hand for the purpose, and who apparently, when present, -sometimes refused or delayed to perform the office, which was a serious -impediment to the business of the Inquisition, as many Judaizing -Conversos were found among clerics. - -This multiform headship of the Inquisition continued for some years -until the various incumbents successively died or resigned. Iñigo -Manrique was the first to disappear, dying in 1496, and had no -successor. Then, in 1498, followed the Bishop of Avila, who had been -transferred to Córdova in 1496. In the same year, as we have seen, -Torquemada died, and this time the vacancy was filled by the appointment -as his successor of Diego Deza, then Bishop of Jaen (subsequently, in -1500, of Palencia, and in 1505 Archbishop of Seville) who was -commissioned, November 24, 1498, for Castile, Leon and Granada, and on -September 1, 1499, for all the Spanish kingdoms.[497] In 1500 died -Martin Archbishop of Messina--apparently a defaulter, for, on October -26th of the same year, Ferdinand orders his auditor of the confiscations -to pass in the accounts of Luis de Riva Martin, receiver of Cadiz, -18,000 maravedís due by the archbishop for wheat, hay, etc., which he -forgives to the heirs.[498] From this time forward Deza is reckoned as -the sole inquisitor-general and direct successor of Torquemada, but -Fuentelsaz, Bishop of Jaen, remained in office, for, as late as January -13, 1503, an order for the payment of salaries is signed by Deza and -contains the name of the Bishop of Jaen as also inquisitor-general.[499] -He relinquished the position in 1504 and Deza remained as sole chief of -the Inquisition until, in 1507, he was forced to resign as we shall see -hereafter. - -[Sidenote: _IT FRAMES ITS OWN RULES_] - -At the time of his retirement the kingdoms of Castile and Aragon had -been separated by the death of Isabella, November 26, 1504. Ferdinand's -experience with his son-in-law, Philip I, and his hope of issue from his -marriage in March, 1506, with Germaine de Foix, in which case the -kingdoms would have remained separate, warned him of the danger of -having his ancestral dominions spiritually subordinated to a Castilian -subject. Before Deza's resignation, therefore, he applied to Julius II -to commission Juan Enguera, Bishop of Vich, with the powers for Aragon -which Deza was exercising. Julius seems to have made some difficulty -about this, for a letter of Ferdinand, from Naples, February 6, 1507, to -his ambassador at Rome, Francisco de Rojas, instructs him to explain -that, since he had abandoned the title of King of Castile, the -jurisdiction was separated and it was necessary and convenient that -there should be an Inquisition for each kingdom.[500] He prevailed and -the appointments of Cardinal Ximenes for Castile and of Bishop Enguera -for Aragon were issued respectively on June 6 and 5, 1507.[501] During -the lifetime of Ximenes the Inquisitions remained disunited, but in -1518, after his death, Charles V caused his former tutor, Cardinal -Adrian of Utrecht, Bishop of Tortosa, who in 1516 had been made -Inquisitor-general of Aragon, to be commissioned also for Castile, after -which there was no further division. During the interval Ferdinand had -acquired Navarre and had annexed it to the crown of Castile, so that the -whole of the Peninsula, with the exception of Portugal, was united under -one organization.[502] - - * * * * * - -Among other powers granted to Torquemada was that of modifying the rules -of the Inquisition to adapt them to the requirements of Spain.[503] The -importance of this concession it would be difficult to exaggerate, as it -rendered the institution virtually self-governing. Thus the Spanish -Inquisition acquired a character of its own, distinguishing it from the -moribund tribunals of the period in other lands. The men who fashioned -it knew perfectly what they wanted and in their hands it assumed the -shape in which it dominated the conscience of every man and was an -object of terror to the whole population. In the exercise of this power -Torquemada assembled the inquisitors in Seville, November 29, 1484, -where, in conjunction with his colleagues of the Suprema, a series of -regulations was agreed upon, known as the _Instruciones de Sevilla_, to -which, in December of the same year and in January, 1485, he added -further rules, issued in his own name under the authority of the -sovereigns. In 1488 another assembly was held, under the supervision of -Ferdinand and Isabella, which issued the _Instruciones de -Valladolid_.[504] In 1498 came the _Instruciones de Avila_--the last in -which Torquemada took part--designed principally to check the abuses -which were rapidly developing, and, for the same purpose, a brief -addition was made at Seville in 1500, by Diego Deza. All these became -known in the tribunals as the _Instruciones Antiguas_.[505] As the -institution became thoroughly organized under the control of the -Suprema, consultation with the subordinate inquisitors was no longer -requisite and regulations were promulgated by it in _cartas acordadas_. -It was difficult, however, to keep the inquisitors strictly in line, and -variations of practice sprang up which, in 1561, the Inquisitor-general -Fernando Valdés endeavored to check by issuing the _Instruciones -Nuevas_. Subsequent regulations were required from time to time, forming -a considerable and somewhat intricate body of jurisprudence, which we -shall have to consider hereafter. At present it is sufficient to -indicate how the Inquisition became an autonomous body--an _imperium in -imperio_--framing its own laws and subject only to the rarely-exercised -authority of the Holy See and the more or less hesitating control of the -crown. - -[Sidenote: _FLIGHT OF NEW CHRISTIANS_] - -At the same time all the resources of the State were placed at its -disposal. When an inquisitor came to assume his functions the officials -took an oath to assist him, to exterminate all whom he might designate -as heretics and to observe and compel the observance by all of the -decretals _Ad abolendum_, _Excommunicamus_, _Ut officium Inquisitionis_ -and _Ut Inquisitionis negotium_--the papal legislation of the thirteenth -century which made the state wholly subservient to the Holy Office and -rendered incapable of official position any one suspect in the faith or -who favored heretics.[506] Besides this, all the population was -assembled to listen to a sermon by the inquisitor, after which all were -required to swear on the cross and the gospels to help the Holy Office -and not to impede it in any manner or on any pretext.[507] - -[Sidenote: _GENERAL SUBMISSION_] - -It is no wonder that, as this portentous institution spread its wings of -terror over the land, all who felt themselves liable to its -animadversion were disposed to seek safety in flight, no matter at what -sacrifice. That numbers succeeded in this is shown by the statistics of -the early autos de fe, in which the living victims are far outnumbered -by the effigies of the absent. Thus in Ciudad-Real, during the first two -years, fifty-two obstinate heretics were burnt and two hundred and -twenty absentees were condemned.[508] In Barcelona, where the -Inquisition was not established until 1487, the first auto de fe, -celebrated January 25, 1488, showed a list of four living victims to -twelve effigies of fugitives; in a subsequent one of May 23d, the -proportions were three to forty-two; in one of February 9, 1489, three -to thirty-nine; in one of March 24, 1490, they were two to one hundred -and fifty-nine, and in another of June 10, 1491, they were three to one -hundred and thirty-nine.[509] If the object had simply been to purify -the land of heresy and apostasy this would have been accomplished as -well by expatriation as by burning or reconciling, but such was not the -policy which governed the sovereigns, and edicts were issued forbidding -all of Jewish lineage from leaving Spain and imposing a fine of five -hundred florins on ship-masters conveying them away.[510] This was not, -as it might seem to us, wanton cruelty, although it was harsh, inasmuch -as it assumed guilt on mere suspicion. To say nothing of the -confiscations, which were defrauded of the portable property carried -away by the fugitives, we must bear in mind that, to the orthodox of the -period, heresy was a positive crime, nay the greatest of crimes, -punishable as such by laws in force for centuries, and the heretic was -to be prevented from escaping its penalties as much as a murderer or a -thief. The royal edicts were supplemented by the Inquisition, and it is -an illustration of the extension of its jurisdiction over all matters, -relating directly or indirectly to the faith, that, November 8, 1499, -the Archbishop Martin of Messina issued an order, which was published -throughout the realm and was confirmed by Diego Deza, January 15, 1502, -to the effect that no ship-captain or merchant should transport across -seas any New Christian, whether Jewish or Moorish, without a royal -license, under pain of confiscation, of excommunication and of being -held as a fautor and protector of heretics. To render this effective two -days later Archbishop Martin ordered that suitable persons should be -sent to all the sea-ports to arrest all New Christians desiring to cross -the sea and bring them to the Inquisition so that justice should be done -to them, all expenses being defrayed out of the confiscations.[511] -These provisions were not allowed to be a dead-letter, though we are apt -to hear of them rather in cases where, for special reasons, the -penalties were remitted. Thus, July 24, 1499, Ferdinand writes to the -Inquisitors of Barcelona that a ship of Charles de Sant Climent, a -merchant of their city, had brought from Alexandria to Aiguesmortes -certain persons who had fled from Spain. Even this transportation -between foreign ports came within the purview of the law, for Ferdinand -explains that action in this case would be to his disservice, wherefore -if complaint is lodged with them they are to refer it to him or to the -inquisitor-general for instructions. Again, on November 8, 1500, the -king orders the release of the caravel and other property of Diego de la -Mesquita of Seville, which had been seized because he had carried some -New Christians to Naples--the reason for the release being the services -of Diego in the war with Naples and those which he is rendering -elsewhere. A letter from Ferdinand to the King of Portugal, November 7, -1500, recites that recently some New Christians had been arrested in -Milaga, where they were embarking under pretext of going to Rome for the -jubilee. On examination by the Inquisition at Seville they admitted that -they were Jews but said that they had been forced in Portugal to turn -Christians; as this brought them under inquisitorial jurisdiction, the -inquisitors were sending to Portugal for evidence and the king was asked -to protect the envoys and give them facilities for the purpose.[512] The -same determination was manifested to recapture when possible those who -had succeeded in effecting their flight. In 1496 Micer Martin, -inquisitor of Mallorca, heard of some who were in Bugia, a sea-port of -Africa. He forthwith despatched the notary, Lope de Vergara, thither to -seize them, but the misbelieving Moors disregarded his safe-conduct and -threw him and his party into a dungeon where they languished for three -years. He at length was ransomed and, in recompense of his losses and -sufferings, Ferdinand ordered, March 31, 1499, Matheo de Morrano -receiver of Mallorca to pay him two hundred and fifty gold ducats -without requiring of him any itemized statement of his injuries.[513] - - * * * * * - -[Sidenote: _REPRESSION OF ABUSES_] - -It shows how strong an impression had already been made by the resolute -character of the sovereigns, and how violent was the antagonism -generally entertained for the Conversos, that so novel and absolute a -tyranny could be imposed on the lately turbulent population of Castile -without resistance, and that so powerful a class as that against which -persecution was directed should have submitted without an effort save -the abortive plots at Seville and Toledo. The indications that have -reached us of opposition to the arbitrary acts of the Inquisition in -making arrests or confiscations are singularly few. In the records of -the town-council of Xeres de la Frontera, under date of August 28, 1482, -there is an entry reciting that there had come to the town a man -carrying a wand and calling himself an alguazil of the Inquisition; he -had seized Gonçalo Caçabé and carried him off without showing his -authority to the local officials, which was characterized as an -atrocious proceeding and the town ought to take steps with the king, -the pope and the Inquisition to have it undone.[514] Doubtless the -summary acts of the Holy Office over-riding all recognized law, created -such feeling in many places as we may gather from a cédula of Ferdinand, -December 15, 1484, forbidding the reception of heretics and ordering -their surrender on demand of the inquisitors, and another of July 8, -1487, commanding that any one bearing orders from the inquisitors of -Toledo is to be allowed to arrest any person, under a penalty of 100,000 -maravedís for the rich and confiscation for others,[515] but complaints -were dangerous, for they could be met by threats of punishment for -fautorship of heresy. Still it required considerable time to accustom -the nobles and people to unquestioning submission to a domination so -absolute and so foreign to their experience. As late as the year 1500 -there are two royal letters to the Count of Benalcázar reciting that he -had ordered the arrest of a girl of Herrera who had uttered scandals -against the faith; she was in the hands of his alcaide, Gutierre de -Sotomayor, who refused to deliver her when the inquisitor sent for her. -The second letter, after an interval of nineteen days, points out the -gravity of the offence and peremptorily orders the surrender of the -girl. She proved to be a Jewish prophetess whose trial resulted in -bringing to the stake large numbers of her unfortunate disciples. There -is also an anticipation of resistance in a letter, January 12, 1501, to -the Prior of St. John, charging him to see that no impediments are -placed in the way of the receiver of the Inquisition of Jaen in seizing -certain confiscated property at Alcázar de Consuegra.[516] More -indicative of popular repugnance is a letter of October 4, 1502, to the -royal officials of a place not specified, reciting that the people are -endeavoring to have Mosen Salvador Serras, lieutenant of the vicar, -removed because he had spoken well of the Inquisition and had been -charged by the inquisitors with certain duties to perform; they are not -to allow this to be done and are to see that he is not ill-treated.[517] -In 1509 Ferdinand had occasion to remonstrate with the Duke of Alva, in -the case of Alonso de Jaen, a resident of Coria, because, when he was -arrested, an agent of the duke had seized certain cows and sold them -and, when he was condemned and his property confiscated, Alva had -forbidden any one to purchase anything without his permission. -Ferdinand charges him to allow the sale to proceed freely and to account -for the cows, pointing out that he had granted to him a third of the net -proceeds of all confiscations in his estates.[518] This grant of a third -of the confiscations was made to other great nobles and doubtless tended -to reconcile them to the operations of the Inquisition. In this general -acquiescence it is somewhat remarkable that, as late as 1520, when -Charles V ordered Merida to prepare accommodations for a tribunal, the -city remonstrated; everything there was quiet and peaceable, it said, -and it feared a tumult if the Holy Office was established there, while -if merely a visit was made for an inquest it would lend willing aid. -Cardinal Adrian hearkened to the warning in Charles's absence and in a -letter of November 27, 1520, ordered his inquisitors to settle somewhere -else.[519] - -[Sidenote: _FERDINAND'S BIGOTRY_] - -At the same time it was inevitable that power so irresponsible would be -frequently and greatly abused, and it is interesting to observe that, -when no resistance was made, Ferdinand was, as a general rule, prompt to -intervene in favor of the oppressed. Thus January 28, 1498, he writes to -the inquisitors-general that recently some officials of the Inquisition -of Valencia went to the barony of Serra to arrest some women who wore -Moorish dress and, as they were not recognized, they were resisted by -the Moors, whereupon the inquisitors proceeded to seize all the Moors of -Serra who chanced to come to Valencia, so that the place was becoming -depopulated. He therefore orders the inquisitors-general to intimate to -their subordinates that they must find some other method whereby the -innocent shall not suffer for the fault of individuals and, not content -with this, he wrote directly to the Inquisitor of Valencia, instructing -him to proceed with much moderation. In another case where opposition -had been provoked he writes, January 18, 1499, "We have your letter and -are much displeased with the maltreatment which you report of the -inquisitor and his officials. It will be attended to duly. But often you -yourselves are the cause of it, for if each of you would attend to his -duties quietly and carefully and injure no one you would be held in good -esteem. Look to this in the future, for it will displease us much if you -do what you ought not, with little foundation." At the same time he -charges the inquisitor not to make arrests without good cause, "for in -such things, besides the charge on your conscience, the Holy Office is -much defamed and its officials despised." So in a letter of August 15, -1500, to the inquisitors of Saragossa, he tells them that he has -received a copy of an edict which they had issued at Calatayud; it is so -sharp that if it is enforced no one can be safe; they must consider such -things carefully or consult him; in the present case they will obey the -instructions sent by the inquisitors-general and must always bear in -mind that the only object of the Inquisition is the salvation of souls. -Again, when the inquisitors of Barcelona imperiously placed the town of -Perpiñan under interdict, in a quarrel arising out of a censal or -ground-rent on Carcella, Ferdinand writes to them, March 5, 1501, that -the town is poor and must be gently treated, especially as it is on the -frontier, and he sends a special envoy to arrange the matter.[520] The -wearing delays, which were one of the most terrible engines of -oppression by the Inquisition, were especially distasteful to him. -January 28, 1498, he writes to an inquisitor about the case of Anton -Rúiz of Teruel, who had been imprisoned for five months without trial -for some remarks made by him to another person about the confiscation of -the property of Jaime de Santangel, though application had been made -repeatedly to have the case despatched. Ferdinand orders that it be -considered at once; the prisoner is either to be discharged on bail or -proper punishment is to be inflicted. So, January 16, 1501, he reminds -inquisitors that he has written to them several times to conclude the -case between the heirs of Mossen Perea and the sons of Anton Rúiz and -deliver sentence; the case has been concluded for some time but the -sentence is withheld; it must be rendered at once or the case must be -either delegated to a competent person or be sent to the Suprema. At the -same time, whenever there was the semblance of opposition to an -injustice, on the part of the secular authorities, he was prompt to -repress it. The action of the Inquisition of Valencia, in confiscating -the property of a certain Valenzuola, excited so much feeling that the -governor, the auditor-general, the royal council and the jurados met to -protest against it and in so doing said some things unpleasing to the -inquisitors, who thereupon complained to Ferdinand. He wrote to the -offenders, March 21, 1499, rebuking them severely; it was none of their -business; if the inquisitors committed an injustice the appeal lay to -the inquisitor-general, who would rectify it; their duty was to aid the -Inquisition and he ordered them to do so in future and not to create -scandal.[521] He was more considerate when the frontier town of Perpiñan -was concerned, for in 1513, when the deputy receiver of confiscations -provoked antagonism by the vigor of his proceedings and the consuls -complained that he had publicly insulted Franco Maler, one of their -number, Ferdinand ordered the inquisitor of Barcelona to investigate the -matter at once and to inflict due punishment.[522] - -His whole correspondence shows the untiring interest which he felt in -the institution, not merely as a financial or political instrument, but -as a means of defending and advancing the faith. He was sincerely -bigoted and, when he had witnessed an auto de fe in Valladolid, he -wrote, September 30, 1509, to the inquisitor Juan Alonso de Navia to -express the great pleasure which it had given him as a means of -advancing the honor and glory of God and the exaltation of the Holy -Catholic faith.[523] Inquisitors were in the habit of sending him -reports of the autos celebrated by them, to which he would reply in -terms of high satisfaction, urging them to increased zeal. On one -occasion, in 1512, and on another in 1513, he was so much pleased that -he made a present to the inquisitor of two hundred ducats and ordered -fifteen ducats to be given to the messenger.[524] - - * * * * * - -A quarter of a century elapsed before there was, in the Castilian -kingdoms, any serious resistance to the Inquisition. The trouble which -then occurred was provoked by the excesses of an inquisitor named Lucero -at Córdova, which were brought to light only by the relaxation of -Ferdinand's stern rule during the brief reign of Philip of Austria and -the subsequent interregnum. As this affords us the only opportunity of -obtaining an inside view of what was possible, under the usually -impenetrable mantle of secrecy characteristic of inquisitorial -procedure, it is worthy of investigation in some detail. - -Córdova was somewhat unfortunate in its inquisitors; whether more or -less so than other communities it would now be impossible to say. -Lucero's predecessor was Doctor Guiral, Dean of Guadix, who was -transferred from there to Avila, in 1499. Falling under suspicion for -irregularities, a papal brief was procured commissioning the Archbishop -of Toledo to investigate him--and it is noteworthy that, although the -inquisitor-general had full power of appointment, punishment and -dismissal, papal intervention was deemed necessary in this case. The -result showed the ample opportunities offered by the position for -irregular gains and for oppression and injustice. He had received -150,000 maravedís by selling to penitents exemptions from wearing the -sanbenito, or penitential garment. A large amount was secured in various -ways from the receiver of confiscations, who was evidently an accomplice -and who, of course, received his share of the spoils. Pilfering from -sequestrated property yielded something, including ninety-three pearls -of great value. Through his servants he gathered rewards or percentages -offered, as we shall see, for discovering concealed confiscated -property. He pocketed the fines which he imposed on reconciled penitents -and was therefore interested in aggravating them. He negotiated for the -Conversos of Córdova an agreement under which they compounded with -2,200,000 maravedís for confiscations to which they might become liable, -and for this he received from them nearly 100,000, to which he added -50,000 by enabling two of the contributors to cheat their fellows by -escaping payment of their assessments to the common fund. When -transferred to Avila his field of operations was less productive, but he -made what he could by extorting money from the kindred of his prisoners, -and he did not disdain to take ten ducats and an ass from an official of -the prison for some offence committed. As the royal fisc suffered from -his practices he was arrested and tried, but, unfortunately, the -documents at hand do not inform us as to the result.[525] - -[Sidenote: _EXCESSES OF LUCERO_] - -His successor at Córdova, Diego Rodríguez Lucero, was a criminal of -larger views and bolder type, who presents himself to us as the -incarnation of the evils resultant from the virtually irresponsible -powers lodged in the tribunals. Our first glimpse of him is in 1495, -when he figures as inquisitor of Xeres and the recipient from Ferdinand -and Isabella of a canonry in Cadiz.[526] This shows that he had already -gained the favor of the sovereigns, which increased after his promotion -to Córdova, September 7, 1499, where, by the methods which we shall -presently see, his discoveries of apostate Judaizers were very -impressive. A royal letter of December 11, 1500, cordially thanked him -for the ample details of a recent despatch relating how he was every day -unearthing new heretics; he was urged to spare no effort for their -punishment, especially of those who had relapsed, and to report at once -everything that he did. His zeal scarce required this stimulation and -his lawless methods are indicated by a letter of February 12, 1501, of -Ferdinand and Isabella to their son-in-law Manoel of Portugal, -expatiating on the numerous heretics recently discovered in Córdova, of -whom two heresiarchs, Alfonso Fernández Herrero and Fernando de Córdova -had escaped to Portugal, whither Lucero had despatched his alguazil to -bring them back without waiting to obtain royal letters. This was an -unwarrantable act and, when the alguazil seized the fugitives, Manoel -refused license to extradite them until he should have an opportunity of -seeing the evidence against them. Ferdinand and Isabella declare that -this would be a grievous impediment to the Holy Office and disservice to -God and they affectionately entreat Manoel to surrender the accused for -the honor of God and also to protect from maltreatment the officials who -had aided in their capture.[527] - -We may not uncharitably assume that a portion, at least, of the favor -shown to Lucero may have been due to the pecuniary results of his -activity. By this time the confiscations, which at first had contributed -largely to the royal treasury, were considerably diminished and at some -places were scarce defraying the expenses of the tribunals. To this -Córdova was now an exception; that its productiveness was rapidly -growing is manifest from a letter of Ferdinand, March 12, 1501, to the -receiver, Andrés de Medina, stating that he learns that there is much to -be done and authorizing the appointment of two assistants at salaries of -10,000 maravedís and, on January 12 and 13, 1503, orders were drawn on -Córdova for 500,000 maravedís to defray inquisitorial salaries -elsewhere. On the same date we have another illustration of Lucero's -activity in the sudden arrest of four of the official public scriveners. -As they were the depositaries of the papers of their clients, the -sequestration of all their effects produced enormous complications, to -relieve which Ferdinand ordered all private documents to be sorted out -and put in the hands of another scrivener, Luis de Mesa. This shows how -the operations of the Inquisition might at any moment affect the -interests of any man and it illustrates another of the profits of -persecution for, when these delinquents should be burnt or disabled from -holding public office, there would be four vacancies to be eagerly -contended for by those who had money or favor for their -acquisition.[528] - -[Sidenote: _SECRETARY CALCENA_] - -As early as 1501 there is evidence of hostility between Lucero and the -Córdovan authorities. When the receiver of confiscations, accompanied by -Diego de Barrionuevo, scrivener of sequestrations, was holding a public -auction of confiscated property, the alguazil mayor of the city, Gonzalo -de Mayorga, ordered the town-crier, Juan Sánchez, who was crying the -auction, to come with him in order to make certain proclamations. The -scrivener interposed and refused to let Sánchez go; hot words passed in -which Mayorga insulted the Inquisition and finally struck the scrivener -with his wand of office, after which the alcalde mayor of the city, -Diego Rúiz de Zarate, carried him off to prison. The inviolability of -the officials of the Inquisition was vindicated by a royal sentence of -September 6th, in which Mayorga, in addition to the arbitrary penance -to be imposed on him by Lucero, was deprived of his office for life, was -disabled from filling any public position whatever, and was banished -perpetually from Córdova and its district, which he was to leave within -eight days after notification. Zarate was more mercifully treated and -escaped with six months' suspension from office.[529] This severity to -civic officials of high position was a warning to all men that Lucero -was not to be trifled with. - -The unwavering support that he received from Ferdinand is largely -explicable by the complicity of Juan Róiz de Calcena, a corrupt and -mercenary official whom we shall frequently meet hereafter. He was -Ferdinand's secretary in inquisitorial affairs, conducting all his -correspondence in such matters, and was also secretary to the Suprema, -and thus was able in great degree to control his master's action, -rendering his participation in the villainies on foot essential to their -success. How these were worked is displayed in a single case which -happens to be described in a memorial from the city of Córdova to Queen -Juana. The Archdeacon of Castro, Juan Muñoz, was a youth of seventeen, -the son of an Old Christian mother and a Converso hidalgo. His benefice -was worth 300,000 maravedís a year and he was a fair subject of -spoliation, for which a plot was organized in 1505. His parents were -involved in his ruin, all three were arrested and convicted and he was -penanced so as to disable him from holding preferment. The spoils were -divided between Cardinal Bernardino Carvajal, for whom bulls had been -procured in advance, Morales the royal treasurer, Lucero and Calcena. -The governor and chapter of Córdova gave the archdeaconry to Diego -Vello, chaplain of the bishop, but the Holy See conveniently refused -confirmation and bestowed it on Morales; Lucero obtained a canonry in -Seville and some benefices in Cuenca, while Calcena received property -estimated at 4,000,000 maravedís--doubtless an exaggerated figure -representing the aggregate of his gains from complicity throughout -Lucero's career.[530] - -It was probably in 1501 that the combination was formed which emboldened -Lucero to extend his operations, arresting and condemning nobles and -gentlemen and church dignitaries, many of them Old Christians of -unblemished reputation and _limpios de sangre_. It was easy, by abuse -and threats, or by torture if necessary, to procure from the accused -whatever evidence was necessary to convict, not only themselves but -whomsoever it was desired to ruin. A great fear fell upon the whole -population, for no one could tell where the next blow might fall, as the -circle of denunciation spread through all ranks. Apologists from that -time to this have endeavored to extenuate these proceedings by -suggesting that those compromised endeavored to secure allies by -inculpating in their confessions men of rank and influence, but in view -of Lucero's methods and the extent of his operations such an explanation -is wholly inadequate to overthrow the damning mass of evidence against -him.[531] - -[Sidenote: _LUCERO'S REIGN OF TERROR_] - -His views expanded beyond the narrow bounds of Córdova, and he horrified -the land by gathering evidence of a vast conspiracy, ramifying -throughout Spain, for the purpose of subverting Christianity and -replacing it with Judaism, which required for its suppression the most -comprehensive and pitiless measures. In memorials to Queen Juana the -authorities, ecclesiastic and secular, of Córdova described how he had -certain of his prisoners assiduously instructed in Jewish prayers and -rites so that they could be accurate in the testimony which, by menaces -or torture, he forced them to bear against Old Christians of undoubted -orthodoxy. In this way he proved that there were twenty-five -_profetissas_ who were engaged in traversing the land to convert it to -Judaism, although many of those designated had never in their lives been -outside of the city gates. Accompanying them were fifty distinguished -personages, including ecclesiastics and preachers of note.[532] Of -course, these stories lost nothing in passing from mouth to mouth, and -it was popularly said that some of these prophetesses, in their unholy -errand, travelled as drunken Bacchantes and others were transported on -goats by the powers of hell.[533] A single instance, which happens to -have reached us, illustrates the savage thoroughness with which he -protected the faith from this assault. A certain Bachiller Membreque was -convicted as an apostate Judaizer who had disseminated his doctrines by -preaching. Lists were gathered from witnesses of those who had attended -his sermons and these, to the number of a hundred and seven, were burnt -alive in a single auto de fe.[534] The inquisitorial prisons were filled -with the unfortunates under accusation, as many as four hundred being -thus incarcerated, and large numbers were carried to Toro where, at the -time, Inquisitor-general Deza resided with the Suprema. - -The reign of terror thus established was by no means confined to -Córdova. Its effects are energetically described by the Capitan Gonzalo -de Avora, in a letter of July 16, 1507, to the royal secretary Almazan. -After premising that he had represented to Ferdinand, with that -monarch's assent, that there were three things requisite for the good of -the kingdom--to conduct the Inquisition righteously without weakening -it, to wage war with the Moors, and to relieve the burdens of the -people--he proceeds to contrast this with what had been done. "As for -the Inquisition," he says, "the method adopted was to place so much -confidence in the Archbishop of Seville (Deza) and in Lucero and Juan de -la Fuente that they were able to defame the whole kingdom, to destroy, -without God or justice, a great part of it, slaying and robbing and -violating maids and wives to the great dishonor of the Christian -religion.... As for what concerns myself I repeat what I have already -written to you, that the damages which the wicked officials of the -Inquisition have wrought in my land are so many and so great that no -reasonable person on hearing of them would not grieve."[535] When a -horde of rapacious officials, clothed in virtual inviolability, was let -loose upon a defenceless population, such violence and rapine were -inevitable incidents, and the motive of this was explained, by the -Bishop of Córdova and all the authorities of the city, in a petition to -the pope, to be the greed of the inquisitors for the confiscations which -they habitually embezzled.[536] - -It was probably in 1505, after the death of Isabella, November 16, 1504, -that the people of Córdova first ventured to complain to Deza. He -offered to send the Archdeacon Torquemada who, with representatives of -the chapter and the magistrates, should make an impartial investigation, -but when the city accepted the proposition he withdrew it. A deputation -consisting of three church dignitaries was then sent to him asking for -the arrest and prosecution of Lucero. He replied that if they would draw -up accusations in legal form he would act as would best tend to God's -service, and, if necessary, would appoint judges to whom they could not -object.[537] This was a manifest evasion, for the evidence was under the -seal of the Inquisition and Deza alone could order an investigation. -Apparently realizing that it was useless to appeal to Ferdinand, whose -ears were closed by Calcena, their next recourse was to Isabella's -daughter and successor, Queen Juana, then in Flanders with her husband -Philip of Austria. Philip was eager to exercise an act of sovereignty in -the kingdom, which Ferdinand was governing in the name of his daughter -and, on September 30, 1505, a cédula bearing the signatures of Philip -and Juana was addressed to Deza, alleging their desire to be present and -participate in the action of the Inquisition and meanwhile suspending it -until their approaching arrival in Castile, under penalty of banishment -and seizure of temporalities for disobedience, at the same time -protesting that their desire was to favor and not to injure the Holy -Office. Although a circular letter to all the grandees announced this -resolution and commanded them to enforce it, no attention was paid to -it. Don Diego de Guevara, Philip's envoy, in fact wrote to him the -following June that his action had produced a bad impression, for the -people were hostile to the Conversos and there was talk of massacres -like that of Lisbon.[538] - -[Sidenote: ARCHBISHOP TALAVERA] - -The next step of the opponents of Lucero was to recuse Deza as judge and -to interject an appeal to the Holy See, leading to an active contest in -Rome between Ferdinand and his son-in-law. A letter of the former, April -22, 1506, to Juan de Loaysa, agent of the Inquisition in Rome, described -the attempt as an audacious and indecent effort to destroy the -Inquisition which was more necessary than ever. Loaysa was told that he -could render no greater service to God and to the king than by defeating -it; minute instructions were given as to the influences that he must -bring to bear, and he was reminded that Holy Writ permits the use of -craft and cunning to perform the work of God. The extreme anxiety -betrayed in the letter indicates that there was much more involved than -the mere defence of Lucero and Deza; it was with Philip and Juana that -he was wrestling and the stake was the crown of Castile. On the other -hand, Philip, doubtless won by the gold of the Conversos, had fairly -espoused their cause and was laboring to obtain for them a favorable -decision from the pope. His ambassador, Philibert of Utrecht, under date -of June 28th, reported that he had urged Julius II not to reject the -appeal of the Marranos but the politic pontiff replied that he must -reserve his decision until Ferdinand and Philip had met.[539] - -Undeterred by the mutterings of the rising storm, Lucero about this time -saw in Isabella's death a chance to strike at a higher quarry than he -had hitherto ventured to aim at. The Geronimite Hernando de Talavera had -won her affectionate veneration as her confessor and, on the conquest of -Granada, in 1492, she had made him archbishop of the province founded -there. He had a Jewish strain in his blood, as was the case in so many -Spanish families; he was in his eightieth year, he was reverenced as the -pattern and exemplar of all Christian virtues and he devoted himself -unsparingly to the welfare of his flock, spending his revenues in -charity and seeking by persuasion and example to win over to the faith -his Moorish subjects. Yet he was not without enemies, for he had been -the active agent in the reclamation by Ferdinand and Isabella, in 1480, -of royal revenues to the amount of thirty millions of maravedís, -alienated by Henry IV to purchase the submission of rebellious nobles -and, although a quarter of a century had passed, it is said that the -vengeful spirit thus aroused was still eager to encompass his ruin.[540] - -Whatever may have been Lucero's motive, inquisitorial methods afforded -abundant facilities for its accomplishment. He selected a woman whom he -had tortured on the charge of being a Jewish prophetess and maintaining -a synagogue in her house. He threatened her with further torture unless -she should testify to what she had seen in a room in Talavera's palace -and on her replying that she did not know, he instructed her that an -assembly was held, divided into three classes; in the first was the -archbishop, with the bishops of Almería, Jaen and others; in the second, -the dean and the provisor of Granada, the treasurer, the alcaide and -other officials; in the third the prophetesses, the sister and nieces of -Talavera, Doña María de Peñalosa and others. They agreed to traverse the -kingdom, preaching and prophesying the advent of Elias and the Messiah, -in concert with the prophets who were in the house of Fernan Alvárez of -Toledo, where they were crowned with golden crowns.[541] All this was -duly sworn to by the witness, as dictated to her by the fiscal, and -formed a basis for the prosecution of Talavera and his family, doubtless -supported by ample corroborative evidence, readily obtainable in the -same manner. The occurrence of the name of the Bishop of Jaen suggests a -further political intrigue; he was Alfonso Suárez de Fuentelsaz, the -former colleague of Deza as inquisitor-general and was no doubt known as -inclining to the Flemish party, as he subsequently accepted from Philip -the presidency of the Royal Council. - -[Sidenote: _PHILIP AND JUANA_] - -Impenetrable secrecy was one of the most cherished principles of -inquisitorial procedure, but Lucero probably desired to prepare the -public for the impending blow and whispers concerning it began to -circulate. Peter Martyr of Anghiera, who was attached to the royal -court, wrote on January 3, 1506, to the Count of Tendilla, Governor of -Granada, that Lucero, by means of witnesses under torture, had succeeded -in imputing Judaism to the archbishop and his whole family and -household; as there was no one more holy than Talavera, he found it -difficult to believe that any one could be found to fabricate such a -charge.[542] The attack commenced by arresting, in the most public and -offensive manner, Talavera's nephew, the dean and the officials of his -church, during divine service and in his presence, evidently with the -purpose of discrediting him. The arrest followed of his sister, his -nieces and his servants, and we can readily conceive the means by which -even his kindred were compelled to give evidence incriminating him, as -we gather from a letter of Ferdinand, June 9, 1506, to his ambassador at -Rome, Francisco de Rojas, in which he says that the testimony against -Talavera is that of his sisters and kindred and servants.[543] Before he -could be arrested and prosecuted, however, special authorization from -the Holy See was requisite, for, by a decree of Boniface VIII, -inquisitors had no direct jurisdiction over bishops. For this, -Ferdinand's intervention was necessary and, after some hesitation, he -consented to make the application. The inculpatory evidence given by -Talavera's family was sent to Rome; Francisco de Rojas procured the -papal commission for his trial and forwarded it, June 3, 1506.[544] - -Before it was despatched, however, Ferdinand's position had changed with -the arrival in Spain of his daughter Juana, now Queen of Castile, and -her husband Philip of Austria. Eager to throw off Ferdinand's iron rule -and to win the favor of the new sovereigns, most of the nobles had -flocked to them and with them the Conversos, who hoped to secure a -modification in the rigor of the Inquisition. They had been aroused by -the sufferings of their brethren in Córdova, whose cause was their own, -and they were becoming an element not to be disregarded in the political -situation; they had already secured a hearing in the Roman curia, always -ready, as we shall see hereafter, to welcome appellants with money and -to sacrifice them after payment received; they had obtained from Julius -II commissions transferring from the Inquisition cognizance of certain -cases--commissions which Ferdinand repeatedly asked the pope to withdraw -and doubtless with success, as they do not appear in the course of -events; they had even approached Ferdinand himself, while in Valladolid, -with an offer of a hundred thousand ducats if he would suspend the -Inquisition until the arrival of Juana and Philip. This offer, he says -in a letter of June 9, 1506, to Rojas, he spurned, but we may perhaps -doubt his disinterestedness when he adds that, as Philip has disembarked -and is unfamiliar with Spanish affairs, he had secretly ordered Deza to -suspend the operations of all the tribunals--the motive of which -evidently was to create the belief that Philip was responsible for it. -As for Talavera, he adds, as it would greatly scandalize the new -converts of Granada, if they thought there were errors of faith in him -whom they regarded as so good a Christian, he had concluded to let the -matter rest for the present and would subsequently send -instructions.[545] He evidently had no belief in Lucero's fabricated -evidence, a fact to be borne in mind when we consider his attitude in -the ultimate developments of the affair. This despatch, of course, -reached Rojas too late to prevent the issuing of the commission to try -Talavera, but it explains why that document was suppressed when it -arrived. Deza denied receiving it; it disappeared and Talavera, in his -letter of January 23, 1507, to Ferdinand, manifests much anxiety to know -what had become of it, evidently dreading that it would be opportunely -found when wanted. - -[Sidenote: _THE INQUISITION SUCCUMBS_] - -By the agreement of Villafáfila, June 27, 1506, Ferdinand bound himself -to abandon Castile to Philip and Juana; he departed for Aragon and -busied himself with preparations for a voyage to Naples, whither he set -sail September 4th. Philip assumed the government and disembarrassed -himself of his wife by shutting her up as unfit to share in the cares of -royalty. He was amenable to the golden arguments of the Conversos and -doubtless had not forgotten the contempt with which had been treated his -order of the previous year to suspend the Inquisition. He therefore -naturally was in no haste to revive its functions. Ferdinand's secretary -Almazan writes to Rojas, July 1st, that the king and the grandees have -imprisoned Juana and no one is allowed to see her; he has in vain sought -to get some prelates to carry letters from her to her father, but no one -ventures to do so; the grandees have done this to partition among -themselves the royal power, the Conversos to free themselves from the -Inquisition, which is now extinct.[546] - -The people of Córdova made haste to take advantage of the situation. -They sent a powerful appeal to Philip and Juana, stating that their -previous complaints had been intercepted through Deza's influence and -accusing Lucero of the most arbitrary iniquities.[547] They asked that -all the inquisitorial officials at Córdova and Toro should be removed -and the whole affair be committed to the Bishop of Leon. Philip referred -the matter to the Comendador mayor, Garcilasso de la Vega and to Andrea -di Borgo, ambassador of Maximilian I, two laymen, to the great scandal, -we are told, of all ecclesiastics.[548] The Conversos were triumphant -and the Inquisition succumbed completely. The Suprema, including Deza -himself, hastened to disclaim all responsibility for Lucero's misdeeds -in a letter addressed to the chapter of Córdova, in which it said that -the accusations brought against him seemed incredible, for even -highwaymen, when robbing their victims, spare their lives, while here -not only the property but the lives of the victims were taken and the -honor of their descendants to the tenth generation. But, after hearing -the narrative of the Master of Toro there could no longer be doubt and -to tolerate it would be to approve it. Therefore, the chapter was -instructed to continue to prevent these iniquities, and their majesties -would be asked to apply a remedy and to punish their authors.[549] The -remedy applied was to compel Deza to subdelegate irrevocably to Diego -Ramírez de Guzman, Bishop of Catania and member of the Council of State, -power to supersede Lucero and revise his acts, which was confirmed by a -papal brief placing in Guzman's hands all the papers and prisoners in -Córdova, Toro and Valladolid.[550] Lucero endeavored to anticipate this -by burning all his prisoners so as to get them out of the way, but after -the auto de fe was announced there came orders from the sovereigns which -fortunately prevented the holocaust.[551] - -The relief of the sufferers seemed assured, but the situation was -radically changed by the sudden death of Philip, September 25, 1506, for -although Juana was treated nominally as queen, she exercised no -authority. Deza promptly revoked Guzman's commission, of which the papal -confirmation seems not to have been received; he took possession of the -prisoners at Toro and sent the Archdeacon of Torquemada to Córdova to do -the same, but Francisco Osorio, the representative of Guzman, refused to -obey. The people of Córdova were in despair. It was in vain that they -sent delegations to Deza and petitioned the queen to save them. Deza was -immovable and the queen refused to act in this as in everything else. -The chapter, every member of which was an Old Christian, proud of his -_limpieza_, assembled on October 16th to consider the situation. Some of -the most prominent dignitaries of the Church had already been arrested -by Lucero and had been treated by him as Jewish dogs; he had asserted -that all the rest, and most of the nobles and gentlemen of the city and -of other places, were apostates who had converted their houses into -synagogues; in view of the impending peril, it was unanimously resolved -to defend themselves, while the citizens at large declared that they -would sacrifice life and property rather than to submit longer to such -insupportable tyranny.[552] - -[Sidenote: _PERSECUTION RENEWED_] - -If the eclipse of the royal authority had enabled Deza to restore Lucero -to power it also afforded opportunity for forcible resistance. The -grandees of Castile were striving to recover the independence enjoyed -under Henry IV, and a condition of anarchy was approaching rapidly. The -two great nobles of Córdova, the Count of Cabra, Lord of Baena and the -Marquis of Priego, Lord of Aguilar and nephew of the Great Captain, were -nothing loath to listen to the entreaties of the citizens, especially as -the marquis had been summoned by Lucero to appear for trial. Meetings -were held in which formal accusations of Lucero and his promotor fiscal, -Juan de Arriola, were laid before Padre Fray Francisco de Cuesta, -comendador of the convent of la Merced, who seems to have assumed the -leadership of the movement. He pronounced judgement, ordering Lucero and -the fiscal to be arrested and their property to be confiscated. Under -the lead of Cabra and Priego the citizens arose to execute the -judgement. On November 9th they broke into the alcázar, where the -Inquisition held its seat, they seized the fiscal and some of the -subordinates and liberated the prisoners, whose recital of their wrongs -excited still more the popular indignation, but no blood was shed and -Lucero saved himself by flight.[553] The whole proceeding appears to -have been orderly: a commission of ecclesiastics and laymen was -appointed, to which the kinsmen and friends of the prisoners gave -security that they should be forthcoming for trial as soon as there -should be a king in the land to administer justice. This engagement was -duly kept and their temporary liberation under bail was justified on the -ground that many of them had been incarcerated for six or seven years -and that all were in danger of perishing by starvation, for they were -penniless, their property having been confiscated and Deza having -ordered the receiver of confiscations not to provide for them.[554] - -When the news of this uprising reached Deza he promptly, November 18th, -commissioned his nephew, Pedro Juárez de Deza, Archbishop-elect of the -Indies, to prosecute and punish all concerned, while by his orders the -tribunal of Toledo intercepted and threw into prison Doctor Alonso de -Toro, sent by the city to present its case to the queen. Other envoys, -however, bore instructions to ask for the removal of Deza and the -prosecution of Lucero and his officials, coupled with the intimation -that steps had been taken to convoke all the cities of Andalusia and -Castile to devise measures of protection against the intolerable tyranny -of the Inquisition.[555] This plan seems to have been abandoned but, -early in January, 1507, the Bishop of Córdova, Juan de Daza, in -conjunction with the clerical and secular authorities, sent a solemn -appeal to the pope, asking him to appoint Archbishop Ximenes and the -Bishop of Catania or of Málaga, with full power to investigate and to -act, and this they accompanied, January 10th, with a petition to -Ferdinand, who was still in Naples, to support their request to the -pope.[556] Deza, however, continued to command Ferdinand's unwavering -support and the result was seen in the prompt and uncompromising action -of Julius II. He wrote to Deza that the Jews, pretending to be -Christians, who had dared to rise against the Inquisition, must be -exterminated root and branch; no labor was to be spared to suppress this -pestilence before it should spread, to hunt up all who had participated -in it and to exercise the utmost severity in punishing them, without -appeal, for their crimes.[557] - -Thus stimulated and encouraged, Lucero resumed his activity and the -liberated prisoners were surrendered to him. Peter Martyr writes from -the court, March 7, 1507, to Archbishop Talavera, that his sister and -his nephew the Dean of Granada, Francisco Herrera--who had doubtless -been released in the rising of November 9th--had been thrown in prison -in Córdova. Talavera himself, moreover, was put on trial before the -papal nuncio, Giovanni Ruffo, and assessors duly commissioned by the -pope, showing that Ferdinand's scruples as to scandalizing the people of -Granada had vanished in the fierce resolve to vindicate Lucero and that -the missing papal brief had been duly found. Peter Martyr describes his -earnest efforts to convince the judges of Talavera's holy life and -spotless character, to which they replied that all this might be true -but their business was to ascertain the secrets of his heart.[558] By -the time the evidence was sent to Rome, however, his conviction was no -longer desired; the testimony was pronounced to be worthless and Pascual -de la Fuente, Bishop of Burgos, who was in attendance on the curia, was -an earnest witness in his favor.[559] The papal sentence was acquittal -and this apparently carried with it the exoneration of his kindred--but -it came too late. On May 21st Peter Martyr exultingly writes to him that -the dean and his sister with their mother and the rest of his innocent -household had been set free, but already he had gone to a higher -tribunal. On Ascension-day (May 13th) he had walked, bareheaded and -barefooted, in the procession through the streets of Granada, when a -violent fever set in and carried him off the next day. He had -accumulated no treasure, having spent all his revenues on the poor; he -left no provision for his family and the Bishop of Málaga charitably -gave to his sister a house in Granada to shelter her old age. His -reputation for sanctity is seen in the accounts which at once were -circulated, with universal credence of the miracles wrought by him in -curing the sick.[560] - -[Sidenote: _POLITICAL INTRIGUES_] - -The reaction in favor of the Inquisition, led by Ferdinand and Julius -II, had evidently been short-lived, for the political situation -dominated everything and king and pope found it advisable to yield. -Juana was keeping herself secluded with the corpse of her husband and -was refusing to govern. The rival factions of the two grandfathers of -Charles V, Maximilian I and Ferdinand, each striving for the regency -during his minority, were both desirous of the support of the Conversos -and thus the question of the Córdovan prisoners attained national -importance as one on which all parties took sides. Ximenes, the Duke of -Alva and the Constable of Castile, the heads of Ferdinand's party, held -a conference at Cavia and listened to the complaints against Deza, for -which they promised to find a remedy. The friends of the prisoners, -however, seemed more inclined towards the faction of Maximilian; they -offered money to defray the expenses of troops to be sent to Spain to -resist Ferdinand's return and it was currently rumored that four -thousand men were gathered in a Flemish port ready to embark. It is not -easy to penetrate the secret intrigues culminating in the settlement -which gave the regency to Ferdinand, but Ximenes, who represented him, -took advantage of the situation, with his usual skill, to further his -own ambition, which was to gain the cardinal's hat and Deza's position -as inquisitor-general.[561] For the former of these Ferdinand had made -application as early as November 8, 1505, and had repeated the request -October 30, 1506; it was granted in secret consistory, January 4, 1507, -and was published May 17th.[562] For the latter, the complaints of the -Conversos afforded substantial reasons; we have seen that Córdova had -petitioned the pope to commission Ximenes as its judge and his -appointment would help to pacify the troubles. Ferdinand at length -recognized that Deza's sacrifice was inevitable, and the way was made -easy for him, as he was allowed to resign. On May 18th Ferdinand writes -to Ximenes from Naples that he had received Deza's resignation and had -taken the necessary steps to secure for him the succession; he has two -requests to make--that he shall foster piety and religion by appointing -only the best men and that he shall exercise the utmost care that -nothing shall be allowed to impair Deza's dignity.[563] The commission -as inquisitor-general was duly issued on June 5, 1507. - -[Sidenote: _LUCERO'S VICTIMS RELEASED_] - -The hatred excited by Lucero had been too wide-spread and the friends of -the prisoners were too powerful to be satisfied with the mere -substitution of Ximenes for Deza, and there was evidently an -understanding that the matter was not to be dropped. As early as May -1st, Peter Martyr writes that it is reported that the imprisoned -witnesses, corrupted by Lucero, are to be released and that he will -expiate with due punishment his unprecedented crimes.[564] Some such -promise was probably necessary for the pacification of the land, but the -delay in its performance is significant of protection at the -fountain-head of justice. It assumed at first the shape of an action -brought by the chapter and city of Córdova before the pope, charging -Lucero with the evil wrought by his suborning some witnesses and -compelling others by punishment to testify that the plaintiffs were -heretics. Julius II commissioned Fray Francisco de Mayorga as apostolic -judge to try the case, and, on October 17, 1507, he decreed that Lucero -be imprisoned and held to answer at law. Nothing further was done, -however, and the impatient citizens addressed a memorial to Queen Juana, -asking her to send some one to inform himself about it and report to -her.[565] The action of the apostolic judge seems to have been regarded -as a mere formality; the months passed away and it was not until May 18, -1508, that the Suprema took independent cognizance of the matter, when -Ximenes and his colleagues, except Aguirre, all voted that Lucero should -be arrested.[566] Peter Martyr intimates more than once that numbers of -the Suprema were suspected of complicity with Lucero and assures us that -the Council did not act without thorough investigation of numerous -witnesses and interminable masses of documents, revealing an incredible -accumulation of impossible and fantastic accusations contrived to bring -infamy on all Spain.[567] - -It was apparently the first time that an inquisitor had been thus -publicly put on trial for official malfeasance and the opportunity was -improved to render the spectacle a solemn one, fitted not only to -satisfy the national interest felt in the case but to magnify the office -of the accused by the scale of the machinery employed to deal with him. -Lucero was carried in chains to Burgos, where the court was in -residence, and was confined in the castle under strict guard. Ximenes -assembled a _Congregacion Católica_, composed of twenty-one members -besides himself, including a large portion of the Royal Council, the -Inquisitor-general of Aragon and other inquisitors, several bishops and -various other dignitaries--in short, an imposing representation of the -piety and learning of the land.[568] After numerous sessions, presided -over by Ximenes, sentence was rendered July 9, 1508, and was published -August 1st, at Valladolid, whither the court had removed, in presence of -Ferdinand and his magnates and a great concourse assembled to lend -solemnity to this restoration of the honor of Castile and Andalusia, -which had been so deeply compromised by the pretended revelations -extorted by Lucero. This weighty verdict declared that there were no -grounds for the asserted existence of synagogues, the preaching of -sermons and the assemblies of missionaries of Judaism or for the -prosecution of those accused. The witnesses--or rather prisoners--were -discharged and everything relating to these fictitious crimes was -ordered to be expunged from the records. To complete the vindication of -the memory of the victims, Ferdinand ordered the rebuilding of the -houses which had been torn down under the provisions of the canon law -requiring the destruction of the conventicles of heresy.[569] By -implication, the acquittal of the prisoners convicted Lucero, but all -this was merely preliminary to his trial. - -[Sidenote: _REACTION--ESCAPE OF LUCERO_] - -Ferdinand's hand had been forced; he had been obliged to yield to public -opinion, but his resolve was inflexible to undo as far as he could the -results reached by Ximenes. In October he visited Córdova, where he -rewarded some officials of the tribunal by grants out of the confiscated -estates, which should have been restored when the proceedings were -annulled. It is true that the judge of confiscations, Licenciado -Simancas, was suspended, but in November, 1509, he was ordered to resume -his functions and to act as he had formerly done. We happen to know -that, in 1513, the house of the unfortunate Bachiller Membreque was -still in possession of the Inquisition. There was no relief for those -who had suffered. When the new inquisitor, Diego López de Cortegano, -Archdeacon of Seville, revoked Lucero's sentence on the Licenciado Daza, -who had been penanced and his property confiscated, the purchasers who -had bought it complained to Ferdinand and he expressed his wrath by -promptly dismissing the inquisitor and ordering all the papers in the -case to be sent to the Suprema for review and action. The vacancy thus -created was not easy to fill, for when, in September, 1509, Ferdinand -offered the place to Alonso de Mariana he declined, saying that it would -kill him, but he agreed to take the tribunal of Toledo, and it was not -until February, 1510, that the Licenciado Mondragon was transferred from -Valladolid to take Cortegano's place. In fact, the interests involved in -the confiscations were too many and too powerful for the victims to -obtain justice. Martin Alonso Conchina had been condemned by Lucero to -reconciliation and confiscation; when the pressure was removed he -revoked his confession as having been extorted by threats and fear, -whereupon the confiscated property was placed in sequestration awaiting -the result. Unluckily for him one of the items, a ground-rent of 9000 -mrs. a year had been given, in April, 1506, to the unprincipled -secretary Calcena, with the result that one of the new inquisitors, -Andrés Sánchez de Torquemada, promptly arrested Conchina, tried him -again, convicted him and sentenced him to perpetual imprisonment, so -that the confiscation held good and the ground-rent, with all arrears, -was confirmed to Calcena by a royal cédula of December 23, 1509. There -seems to have still been some obstacle to this reaction in the episcopal -Ordinary, Francisco de Simancas, Archdeacon of Córdova for, in February, -1510, Ferdinand wrote to the bishop that, without letting it be known -that the order came from the king, he must be replaced with some one -zealous for the furtherance of justice and, a month later, this command -was peremptorily repeated. It is true that the extravagant wickedness of -Lucero was scarce to be dreaded, but, with a tribunal reconstructed -under such auspices, the people of Córdova could not hope for justice -tempered with mercy and its productive activity is evidenced by the -large drafts made, in 1510, on its receiver of confiscations. We may -assume that Ximenes looked on this with disfavor for, in a letter to -Ferdinand, after his return from the expedition to Oran in 1509, he -supplicates that the decision of the Congregation be maintained for he -has never infringed it and never intends to do so.[570] - -As for the author of the evil, Lucero himself, he was sent in chains to -Burgos with some of his accomplices. Ximenes, as inquisitor-general, had -full power, as we have seen, to dismiss and punish them but, for some -occult reason, a papal commission for their trial was applied for. This -caused delay under which Ferdinand chafed, for he wrote, September 30, -1509, to his ambassador complaining that it caused great inconvenience -and ordering him to urge the pope to issue it at once so that it could -be sent by the first courier.[571] When it came, it empowered the -Suprema to try the case and Ferdinand, who warmly espoused Lucero's -cause, expressed his feelings unequivocally in a letter of April 7, -1510--"the prisoners say that they have been long in prison and those -who informed against them have gone to Portugal or other parts, and -others have been burnt or penanced as heretics, showing clearly that -they testified falsely, and they supplicate me to provide that their -trial be by inquisitorial and not by accusatorial process, so that they -shall not be exposed to greater infamy than hitherto by dead or perjured -witnesses, especially as the law provides that the trial be summary and -directed only to reach the truth. There is great compassion for their -long imprisonment and suffering, wherefore I beg and charge you to look -well into the matter and treat it conscientiously and with diligence for -its speedy termination, with which I shall be well pleased."[572] - -[Sidenote: _INQUISITORIAL METHODS_] - -In spite of this urgency the trial dragged on, much delay being caused -by the difficulty of finding an advocate willing to undertake Lucero's -defence. The Suprema selected the Bachiller de la Torre, but he declined -to serve and Ferdinand, on May 16th, expressed his fear that no one -would assume the duty. July 19th he writes that Lucero complains that he -still has no counsel and he suggests that, if none of the lawyers of the -royal court can be trusted, Doctor Juan de Orduña of Valladolid be -called in and his fees be paid by the Inquisition. The suggestion was -adopted and, on August 20th, Ferdinand wrote personally to Orduña -ordering him to take charge of the defence and see that Lucero suffered -no wrong, and at, the same time, he wrote to the University of -Valladolid to give Orduña the requisite leave of absence. Under this -royal pressure, and considering that the adverse witnesses had been -largely burnt or frightened into flight, it is perhaps rather creditable -to the Suprema that it ventured to dismiss Lucero, without inflicting -further punishment on him. He retired to the Seville canonry, which he -had acquired by the ruin of the Archdeacon of Castro, and there he ended -his days in peace. In 1514, Ferdinand manifested his undiminished -sympathy by a gift of 15,000 mrs. to Juan Carrasco, the former _portero_ -of the tribunal of Córdova, to indemnify him for losses and sufferings -which he claimed to have endured in the rising of 1506.[573] Yet before -we utterly condemn him for his share in this nefarious business we -should make allowance for the influence of Lucero's accomplice, his -secretary Calcena, who was always at hand to poison his mind and draft -his letters. To the same malign obsession may doubtless also be -attributed an order of Charles V, in 1519, requiring the Córdovan -authorities to bestow the first vacant scrivenership on Diego Marino, -who had been Lucero's notary.[574] - - * * * * * - -That Lucero was an exceptional monster may well be admitted, but when -such wickedness could be safely perpetrated for years and only be -exposed and ended through the accidental intervention of Philip and -Juana, it may safely be assumed that the temptations of secrecy and -irresponsibility rendered frightful abuses, if not universal at least -frequent. The brief reign of Philip led other sorely vexed communities -to appeal to the sovereigns for relief, and some of their memorials have -been preserved. One from Jaen relates that the tribunal of that city -procured from Lucero a useful witness whom for five years he had kept in -the prison of Córdova to swear to what was wanted. His name was Diego de -Algeciras and, if the petitioners are to be believed, he was, in -addition to being a perjurer, a drunkard, a gambler, a forger and a -clipper of coins. This worthy was brought to Jaen and performed his -functions so satisfactorily that the wealthiest Conversos were soon -imprisoned. Two hundred wretches crowded the filthy gaol and it was -requisite to forbid the rest of the Conversos from leaving the city -without a license. With Diego's assistance and the free use of torture, -on both accused and witnesses, it was not difficult to obtain whatever -evidence was desired. The notary of the tribunal, Antonio de Barcena, -was especially successful in this. On one occasion he locked a young -girl of fifteen in a room, stripped her naked and scourged her until she -consented to bear testimony against her mother. A prisoner was carried -in a chair to the auto de fe with his feet burnt to the bone; he and his -wife were burnt alive and then two of their slaves were imprisoned and -forced to give such evidence as was necessary to justify the execution. -The cells in which the unfortunates were confined in heavy chains were -narrow, dark, humid, filthy and overrun with vermin, while their -sequestrated property was squandered by the officials, so that they -nearly starved in prison while their helpless children starved outside. -Granting that there may be exaggeration in this, the solid substratum of -truth is clear from the fact that the petitioners only asked that the -tribunal be placed under the control of the Bishop of Jaen--that bishop -being Alfonso Suárez de Fuentelsaz, one of Torquemada's inquisitors, -who had risen to be a colleague of Deza. He had not been a merciful -judge, as many of his sentences attest, yet the miserable Conversos of -Jaen were ready to fly to him for relief.[575] - -[Sidenote: _INQUISITORIAL METHODS_] - -A memorial from Arjona, a considerable town near Jaen, illustrates a -different phase of the subject. It relates that a certain Alvaro de -Escalera of that place conspired with other evil men to report to the -inquisitors of Jaen that there were numerous heretics in Arjona, so that -when confiscations came to be sold they could buy the property cheap. In -due time an inquisitor came with the notary Barcena. No Term of Grace -was given, but the Edict of Faith was published, frightening the -inhabitants with its fulminations unless they testified against their -neighbors. Then a Dominican preached a fiery sermon to the effect that -all Conversos were really Jews, whom it was the duty of Christians to -destroy. The inquisitors then sent for the slaves of the Conversos, -promising them liberty if they would testify against their masters and -assuring them of secrecy. The notary followed by traversing the town -with Escalera and his friends, proclaiming that there was a fine of ten -reales on all who would not come forward with testimony, and the -exaction of the fine from a number had a quickening influence on the -memories of others. Then a house to house canvass was made for evidence; -the women were told that it was impossible that they should not know the -Jewish tendencies of their neighbors; they could give what evidence they -pleased for their names would not be divulged; they were not obliged to -prove it, for the accused had to disprove it. Those who would not talk -were threatened that they would be carried to Jaen and made to accuse -their neighbors, and, in fact, a number were taken and compelled to give -evidence in prison. Then the inquisitors departed with the accumulated -testimony; there was peace in Arjona for three months and the Conversos -recovered from their fright. Suddenly one night there arrived the -notary, the receiver and some officials; they quietly aroused the -regidores and alcaldes and made them collect a force of armed men who -were stationed to guard the walls and gates. When morning came the work -of arresting the suspects was commenced; their property was -sequestrated, their houses locked and their children were turned into -the street, while the officials carried off their prisoners, who were -thrust into the already crowded gaol of Jaen. The confiscations were -auctioned off and those who had plotted the raid had ample opportunity -of speculating in bargains.[576] - -Still other methods are detailed in a memorial from Llerena, the seat of -one of the older tribunals with jurisdiction over Extremadura. It stated -that for many years the Inquisition there had found little or nothing to -do, until there came a new judge, the Licenciado Bravo. He was a native -of Fregenal, a town of the province, where he had bitter law-suits and -active enmities; he had had two months' training under Lucero at Córdova -and he came armed with ample evidence gathered there. On his arrival, -without waiting for formalities or further testimony, he made a large -number of arrests and sent to Badajoz where he seized forty more and -brought them to Llerena. They were mostly men of wealth whose fortunes -were attractive objects of spoliation, and Bravo took care of his -kindred by appointing them to positions in which they could appropriate -much of the sequestrated property. The treatment of the prisoners was -most brutal, and when his colleague, Inquisitor Villart, who was not -wholly devoid of compassion, was overheard remonstrating with him and -saying that the death of the captives would be on their souls, Bravo -told him to hold his peace, for he who had placed him there desired that -they should all die off, one by one. The petitioners were quite willing -to be remitted to the tribunal of Seville or to have judges who would -punish the guilty and discharge the innocent, but they earnestly begged, -by the Passion of Christ, that they should not be left to the mercy of -Inquisitor-general Deza. Orders, they said, had been given to him to -mitigate in some degree the sufferings of the people of Jaen, which he -suppressed and replaced with instructions to execute justice. What this -meant we may gather from a last despairing appeal, by the friends of the -prisoners of Jaen, to Queen Juana; a junta of lawyers, they said, had -been assembled, a scaffold of immense proportions was under -construction; their only hope was in her and they entreated her to order -that no auto de fe be held until impartial persons should ascertain the -truth as to the miserable captives.[577] Juana was in no condition to -respond to this agonized prayer, and we may safely assume that greed and -cruelty claimed their victims. These glimpses into the methods of the -tribunals elucidate the statements of the Capitan Avora as to the -desolation spread over the land by the Inquisition. - - * * * * * - -It would seem that these fearful abuses were creating a general feeling -of hostility to the institution and its officials, for Ferdinand deemed -it necessary to issue a proclamation, January 19, 1510, calling upon all -officials, gentlemen and good citizens to furnish inquisitors and their -subordinates with lodgings and supplies at current prices and not to -maltreat or assail them, under penalty of 50,000 maravedís and -punishment at the royal discretion. A month later, February 22d, we find -him writing to the constable of Castile that inquisitors are to visit -the districts of Burgos and Calahorra, and he asks the constable to give -orders that they may not be impeded. Somewhat similar instructions he -gave in March to the provisor and corregidor of Cuenca, when the -inquisitors of Cartagena were preparing to visit that portion of their -district, as though these special interpositions of the royal power were -requisite to ensure their comfort and safety in the discharge of their -regular duties. Even these were sometimes ineffectual as was -experienced, in 1515, by the inquisitor Paradinas of Cartagena, who, -while riding on his mule in the streets of Murcia, was set upon, stabbed -and would have been killed but for assistance, while the assassins -escaped, calling forth from Ferdinand the most emphatic orders for their -arrest and trial.[578] - -[Sidenote: _XIMENES ATTEMPTS REFORM_] - -Yet, however rudely the Inquisition may have been shaken, it was too -firmly rooted in the convictions of the period and too energetically -supported by Ferdinand to be either destroyed or essentially reformed. -When he died, January 23, 1516, his testament, executed the day -previous, laid strenuous injunctions on his grandson and successor -Charles V--"As all other virtues are nothing without faith, by which and -in which we are saved, we command the said illustrious prince, our -grandson, to be always zealous in defending and exalting the Catholic -faith and that he aid, defend and favor the Church of God and labor, -with all his strength, to destroy and extirpate heresy from our kingdoms -and lordships, selecting and appointing throughout them ministers, -God-fearing and of good conscience, who will conduct the Inquisition -justly and properly, for the service of God and the exaltation of the -Catholic faith, and who will also have great zeal for the destruction of -the sect of Mahomet."[579] - -With his death, during the absence of his successor, the governing power -was lodged in the hands of Inquisitor-general Ximenes. From the papal -brief of August 18, 1509, alluded to above (p. 178), we may infer that -he had already endeavored to effect a partial reform, by dismissing some -of the more obnoxious inquisitors, and he now made use of his authority -to strike at those who had hitherto been beyond his reach. Aguirre was -one of these and another was the mercenary Calcena, concerning whom he -wrote to Charles, December, 1516, that it was necessary that they should -in future have nothing to do with the Inquisition in view of their foul -excesses. Another removal, of which we chance to have cognizance, was -that of Juan Ortiz de Zarate, the secretary of the Suprema. Whatever -were the failings of the inflexible Ximenes, pecuniary corruption was -abhorrent to him and, during the short term of his supremacy in Castile, -we may feel assured that he showed no mercy to those who sought to coin -into money the blood of the Conversos.[580] With his death, however, -came a speedy return to the bad old ways. Adrian of Utrecht, though -well-intentioned, was weak and confiding. When appointed -Inquisitor-general of Aragon, he had made Calcena, February 12, 1517, -secretary of that Suprema and, after the death of Ximenes we find -Calcena acting, in 1518, as royal secretary of the reunited Inquisition, -a position which he shared with Ugo de Urries, Lord of Ayerbe, another -appointee of Adrian's, who long retained that position under Charles V. -Aguirre had the same good fortune, having been appointed by Adrian to -membership in the Suprema of Aragon and resuming his position in the -reunited Inquisition after the death of Ximenes. His name occurs as -signed to documents as late as 1546, when he seems to be the senior -member.[581] - -Ferdinand's dying exhortation to his grandson was needed. Charles V, a -youth of seventeen, was as clay in the hands of the potter, surrounded -by grasping Flemish favorites, whose sole object, as far as concerned -Spain, was to sell their influence to the highest bidder. During the -interval before his coming to take possession of his new dominions, he -fluctuated in accordance with the pressure which happened momentarily to -be strongest. The Spaniards who came to his court gave fearful accounts -of the Inquisition, which they said was ruining Spain, and we are told -that his counsellors were mostly Conversos who had obtained their -positions by purchase.[582] In his prologue to his subsequent abortive -project of reform, Charles says that while in Flanders he received many -complaints about the Inquisition, which he submitted to famous men of -learning and to colleges and universities, and his proposed action was -in accordance with their advice.[583] Ximenes was alive to the danger -and it was doubtless by his impulsion that the Council of Castile wrote -to Charles that the peace of the kingdom and the maintenance of his -authority depended on his support of the Inquisition.[584] A more adroit -manoeuvre was the advantage which he took of the death, June 1, 1516, -of Bishop Mercader, Inquisitor-general of Aragon. It would probably not -have been difficult for him to have reunited the Inquisitions of the two -crowns under his own headship, but he took the more politic course of -urging Charles to nominate his old tutor, Adrian of Utrecht, then in -Spain, as his representative, and to secure for him the succession to -Mercader's see of Tortosa. Charles willingly followed the advice; July -30th he replied that in accordance with it he had written to Rome for -the commission; November 14th Pope Leo commissioned Adrian as -Inquisitor-general of Aragon, and we shall see hereafter how complete -was the ascendancy which he exercised over Charles in favor of the Holy -Office.[585] - -[Sidenote: _COMPLAINTS OF THE CORTES_] - -Meanwhile Charles continued to vacillate. At one time he proposed to -banish from his court all those of Jewish blood, and sent a list of -names in cypher with instructions to report their genealogies, to which -the Suprema of Aragon replied, October 27, 1516, with part of the -information, promising to furnish the rest and expressing great -gratification at his promises of aid and support in all things.[586] -Then there came a rumor that he proposed to abolish the suppression of -the names of witnesses, which was one of the crowning atrocities of -inquisitorial procedure. For this there must have been some foundation -for, March 11, 1517, Ximenes sent to his secretary Ayala a commission as -procurator of the Inquisition at Charles's court, with full power to -resist any attempt to restrict or impede it, and he followed this, March -17th, with a letter to Charles, more vigorous than courtly, telling him -that such a measure would be the destruction of the Inquisition and -would cover his name with infamy; Ferdinand and Isabella, when in -straits for money during the war with Granada, had refused 1,200,000 -ducats for such a concession, and Ferdinand had subsequently rejected an -offer of 400,000.[587] - -[Sidenote: _OFFERS OF THE NEW CHRISTIANS_] - -It can readily be imagined that, in spite of the character of Ximenes, -the death of Ferdinand and the uncertainty as to the views of the -distant sovereign had sensibly diminished the awe felt for the -Inquisition. There is an indication of this in a complaint made by the -Suprema, in September, 1517, that, when it moved with the court from -place to place, the alcaldes of the palace refused to furnish mules and -wagons to transport its books and papers and personnel, or, at most, -only did so after all the other departments of the government had been -supplied.[588] There is significance also in a tumult occurring in -Orihuela, in 1517, when the inquisitors of Cartagena made a visitation -there, obliging the Licenciado Salvatierra to invoke the royal -intervention.[589] The Conversos, though decimated and impoverished, -still had money and influence and the abuses which Ximenes had not been -able to eradicate still excited hostility. When Charles, after his -arrival in Spain, in September, 1517, held his first Córtes at -Valladolid in 1518, the deputies petitioned him to take such order that -justice should be done by the Inquisition, so that the wicked alone -should be punished and the innocent not suffer; that the canons and the -common law should be observed; that the inquisitors should be of gentle -blood, of good conscience and repute and of the age required by law, -and, finally, that episcopal Ordinaries should be judges in conformity -with justice.[590] Although drawn in general terms this formal complaint -indicates that the people felt the Holy Office to be an engine of -oppression, for the furtherance of the private ends of the officials, -to the disregard of law and justice. Charles made reply that he would -consult learned and saintly men, with whose advice he would so provide -that injustice should cease and meanwhile he would receive memorials as -to abuses and projects of reform. The deputies made haste to give him -ample information as to the tribulations of his subjects and the injury -resulting to his dominions, and the outcome of the consultations of his -advisers was a series of instructions to the officials of the -Inquisition which, if carried into effect, would have deprived the Holy -Office of much of its efficiency for persecution as well as of its -capacity for injustice. Peter Martyr tells us that the New Christians, -to procure this, gave to the high chancellor, Jean le Sauvage, who was a -thoroughly corrupt man, ten thousand ducats in hand, with a promise of -ten thousand more when it should go into effect, but that, fortunately -for the Inquisition, he fell sick towards the end of May and died early -in July.[591] The Instructions had been finally engrossed and lacked -only the signatures; they were drawn in the names of Charles and Juana -and were addressed not only to the officials of the Inquisition but to -those of the state and secular justice, but nothing more was heard of -them, for the new chancellor, Mercurino di Gattinara, was a man of -different stamp, and Charles as yet was swayed by the influences -surrounding him. The elaborate project is therefore of no interest -except as an acknowledgement, in its provisions for procedure, of the -iniquity of the inquisitorial process as we shall see it hereafter, and, -in its prohibitory clauses, that existing abuses exaggerated in every -way the capacity for evil of the system as practised. Thus it prohibited -that the salaries of the inquisitors should be dependent on the -confiscations and fines which they pronounced, or that grants should be -made to them from confiscated property or benefices of those whom they -condemned, or that sequestrated property should be granted away before -the condemnation of its owners; that inquisitors and officials abusing -their positions should be merely transferred to other places instead of -being duly punished; that those who complained of the tribunals should -be arrested and maltreated; that those who appealed to the Suprema -should be maltreated; that inquisitors should give information to those -seeking grants as to the property of prisoners still under trial; that -prisoners under trial should be debarred from hearing mass and receiving -the sacraments; that those condemned to perpetual prison should be -allowed to die of starvation.[592] The general tenor of these provisions -indicate clearly what a tremendous stimulus to persecution and injustice -was confiscation as a punishment of heresy, how the whole business of -the Inquisition was degraded from its ostensible purpose of purifying -the faith into a vile system of spoliation, and how those engaged in it -were inevitably vitiated by the tempting opportunity of filthy gains. - -Although Charles, on the death of his chancellor, dropped the proposed -reform, he seems to have recognized the existence of these evils. When -his Inquisitor-general, Cardinal Adrian, was elevated to the papacy in -1522, he sent from Flanders his chamberlain La Chaulx to congratulate -him before he should leave Spain, and among the envoy's instructions was -the suggestion that he should be careful in his appointments and provide -proper means to prevent the Inquisition from punishing the innocent and -its officials from thinking more about the property of the condemned -than the salvation of their souls--a pious wish but perfectly futile so -long as the methods of the institution were unchanged, and its expenses -were to be met and its officials enriched by fines and -confiscations.[593] - -[Sidenote: _OFFERS OF THE NEW CHRISTIANS_] - -The sufferers had long recognized this and offers had more than once -been vainly made to Ferdinand to compound for the royal right of -confiscation--offers of which we know no details. With the failure of -the comprehensive scheme of reform, this plan was revived and, before -Charles left Spain, May 21, 1520, to assume the title of King of the -Romans, a formal proposition was made to him to the effect that if -justice should be secured in the Inquisition, by appointing judges free -from suspicion who should observe the law, so that the innocent might -live secure and the wicked be punished and the papal ordinances be -obeyed, there were persons who would dare to serve him as follows. -Considering that greed is the parent of all evils; that it is the law of -the Partidas that the property of those having Catholic children should -not be confiscated[594] and further that the royal treasury derived -very little profit from the confiscations, as they were all consumed in -the salaries and costs of the judges and receivers who enriched -themselves, his Majesty could well benefit himself by a composition and -sale of all his rights therein, for himself and his descendants for -ever, obtaining from the pope a bull prohibiting confiscations and -pecuniary penances and fines. If this were done the parties pledged -themselves to provide rents sufficient, with those that Ferdinand had -assigned towards that purpose, to defray all the salaries and costs of -the Inquisition, on a basis to be defined by Charles. Moreover, they -would pay him four hundred thousand ducats--one hundred thousand before -his departure and the balance in three equal annual payments at the fair -of Antwerp in May. Or, if he preferred not to do this in perpetuity, he -could limit the term, for which two hundred thousand ducats would be -paid, in similar four instalments. For the collection of the sum to meet -these engagements there must be letters and provisions such as the -Catholic king gave for the compositions of Andalusia, and it must be -committed in Castile to the Archbishop of Toledo (Cardinal de Croy), and -in Aragon to the Archbishop of Saragossa (Alfonso de Aragon) from whose -decisions there was to be no appeal. But to furnish the necessary -personal security for the fulfilment of this offer, it was significantly -added that it would be necessary for the king and Cardinal Adrian to -give safe-conducts to the parties, protecting them from prosecution by -the Inquisition and these must be issued in the current month of October -so that there might be time to raise the money.[595] It is scarce -necessary to say that this proposition was unsuccessful. Charles was -under the influence of Cardinal Adrian and Adrian was controlled by his -colleagues. It was asking too much of inquisitors that they should agree -to allow themselves to be restricted to the impartial administration of -the cruel laws against heresy, to be content with salaries and forego -the opportunities of peculation. It was also in vain that the Córtes of -Coruña, in 1520, repeated the request of those of Valladolid for a -reform in procedure.[596] Charles sailed for Flanders leaving his -subjects exposed to all the evils under which they had groaned so long. -There were still occasional ebullitions of resistance for, in 1520, -when the tribunal of Cuenca arrested the deputy corregidor it gave rise -to serious troubles and Inquisitor Mariano of Toledo was despatched -thither with his servants and familiars to restore peace, a task which -occupied him for five months.[597] - -A still further project for mitigating the rigors of the Inquisition was -laid before Charles in 1520, apparently after his arrival in Flanders. -This proposed no payment, but suggested that the expenses should be -defrayed by the crown, which should wholly withdraw the confiscations -from the control of the inquisitors. With this were connected various -reforms in procedure--revealing the names of witnesses, allowing the -accused to select his advocate and to see his friends and family in -presence of the gaoler, the punishment of false witness by the _talio_, -the support of wife and children during the trial from the sequestrated -property and some others.[598] There would seem also, about 1522, to -have been a further offer to Charles of seven hundred thousand ducats -for the abandonment of confiscation, but it does not appear what -conditions accompanied it.[599] It was all useless. The grasp of the -Inquisition on Spain was too firm and its routine too well established -for modification. - -In the revolt of the Comunidades, which followed the departure of -Charles, the affairs of the Inquisition had no participation. Some ten -years later, however, in 1531, the tribunal of Toledo came upon traces -of an attempt to turn the popular movement to account in removing one of -the atrocities of inquisitorial procedure. The treasurer, Alfonso -Gutiérrez, is said to have spent in Rome some twelve thousand ducats in -procuring a papal brief which removed the seal of secrecy from prisons -and witnesses. He endeavored to secure for his scheme the favor of Juan -de Padilla, the popular leader, by a loan of eight hundred ducats on the -pledge of a gold chain, but Padilla, while accepting the loan, prudently -refused to jeopardize his cause by arousing inquisitorial -hostility.[600] - -What Gutiérrez failed to obtain was sought for again from Charles V in -1526. About this time commenced the efforts to subject the Moriscos of -Granada to the Holy Office and apparently in preparation for this -Granada was separated from Córdova and was favored with a tribunal of -its own, transferred thither from Jaen. The frightened inhabitants made -haste to petition Charles to do away with the secrecy which was so -peculiarly provocative of abuses. They pointed out that a judge, if -licentiously disposed, had ample opportunity to work his will with the -maidens and wives brought before him as prisoners and even with those -merely summoned to appear, whose terror betrayed that they would dare to -offer no resistance. In the same way the notaries and other -subordinates, who were frequently unmarried men, had every advantage -with the wives and daughters of the prisoners, eagerly seeking to obtain -some news of the accused, immured _incomunicado_ in the secret prison, -from which no word could escape, and ready, in their despairing anxiety, -to make any sacrifice to learn his fate. Or, if the officials preferred, -they could sell information for money and all this was so generally -understood that these positions were sought by evil-minded men in order -to gratify their propensities. Bad as was this, still worse was the -suppression of the witnesses' names in procuring the conviction of the -innocent while facilitating the escape of the guilty. The memorial -assumes, what was practically the fact, that the only defence of the -accused lay in guessing the names of the adverse witnesses and -discrediting and disabling them for mortal enmity, and it pointed out -how, in diverse ways, this facilitated miscarriage of justice. It did -not confine itself to argument, however, but added that the little -kingdom of Granada would pay fifty thousand ducats for the removal of -secrecy from the procedure and prisons of the Inquisition, and that a -very large sum could be thus obtained from the other provinces of -Spain.[601] The only possible answer to the reasoning of the memorial -was that the faith would suffer by any change, but this always sufficed -and the Inquisition continued to shroud its acts in the impenetrable -darkness which served to cover up iniquity and give ample scope for -injustice. - - * * * * * - -[Sidenote: _NAVARRE_] - -When Charles had returned to Spain and again held the Córtes at -Valladolid, in 1523, they repeated the petitions of 1518 and 1520, -adding that nothing had been done. They further suggested that -inquisitors should be paid salaries by the king and not draw their pay -from the proceeds of their functions, and that false witnesses should be -punished in accordance with the Laws of Toro. This shows that the old -abuses were felt as acutely as ever, but Charles merely replied that he -had asked the pope to commission as inquisitor-general the Archbishop of -Seville, Manrique, whom he had especially charged to see that justice -was properly administered. Again, in 1525, the Córtes of Toledo -complained of the excesses of the inquisitors and the disorders -committed by the familiars and asked that the secular judges might be -empowered to restrain abuses, but they obtained only a vague promise -that, if abuses existed, he would have them corrected.[602] It required -no little courage for deputies to arraign the Inquisition publicly in -the Córtes, and it is not surprising that the hardihood to do so -disappeared with the recognition of the fruitlessness of remonstrance. - -Thus all efforts proved futile to mitigate or ameliorate inquisitorial -methods, and the Holy Office, in its existing form, was firmly -established in Castile for three centuries momentous to the Spanish -people. - - -NAVARRE. - -When Ferdinand, in 1512, made the easy conquest of Navarre he presumably -no longer had hope of issue by his Queen Germaine, to whom he could -leave the kingdoms of his crown of Aragon. To avoid, therefore, for the -new territory the limitations on sovereignty imposed by the Aragonese -fueros, in the Córtes of Burgos, in 1515, he caused Navarre to be -incorporated with the crown of Castile.[603] Its Inquisition thus -finally became Castilian, although at first it was scarce more than a -branch of that of Saragossa. - -When the Castilian invaders under the Duke of Alva occupied Pampeluna -they found there the Dominican friar, Antonio de Maya, armed with a -commission as inquisitor, issued by his provincial and confirmed by the -pope. The office had doubtless been a sinecure under the House of -Albret, but the transfer of the land to the Catholic king gave promise -of its future usefulness, for the little kingdom had served as an asylum -for refugees from the rest of Spain. The good fraile lost no time in -obtaining from Alva permission to exercise his office and in despatching -an envoy to Ferdinand at Logroño to secure the royal confirmation and -suggest the necessity of appointing a staff of salaried officials. -Besides, the episcopal vicar-general of Pampeluna was seeking to -exercise the office, and the king was asked to order him not to -interfere. Ferdinand, with his usual caution, wrote on September 30, -1512, to the Duke of Alva, as captain-general, and to the Bishop of -Majorca as governor, expressing his earnest desire to forward the good -work and desiring information as to the character of Maya; meanwhile, if -the inquisitors of Saragossa sent to claim fugitives, they were to be -promptly surrendered. - -[Sidenote: _NAVARRE_] - -No further action was taken for a year, during which Fray Maya did what -he could in the absence of assistance. At length a royal letter of -September 26, 1513, to the Marquis of Comares, lieutenant and -captain-general, announced that Inquisitor-general Mercader had -appointed as inquisitors Francisco González de Fresneda, one of the -inquisitors of Saragossa, and Fray Antonio de Maya, to whom the -customary oath of obedience was to be taken; the only other official -designated was Jaime Julian, as _escribano de secuestras_, with a salary -of 2500 sueldos. Further delays, however, occurred and, on December -21st, the king wrote to Fresneda to lose no time in going to Pampeluna -with his officials, where he would find Maya awaiting him. On the 24th a -proclamation announced that Leo X had ordered the continuance of the -Inquisition in all the kingdoms of Spain and especially in that of -Navarre, wherefore in order that dread of loss of property might not -deter those conscious of guilt from coming forward and confessing, the -king granted release from confiscation to all who would confess and -apply for reconciliation within the Term of Grace of thirty days which -the inquisitors would announce. As a preparation for those who should -disregard this mercy, already, on the 22d, Martin Adrian had been -commissioned to the important office of receiver of the confiscations -which were expected to supply the funds for the machinery of persecution -and, on January 1, 1514, he was empowered to pay himself a salary of -6000 sueldos and one of 3000 to Fray Maya. As nothing is said about the -salaries of the other officials, they presumably were carried on the -pay-roll of the tribunal of Saragossa. The process of manning the new -Inquisition was conducted with great deliberation. It was not until July -13, 1514, that receiver Adrian was informed that Bishop Mercader had -appointed Juan de Villena as fiscal, or prosecuting officer, to whom a -salary of 2500 sueldos was to be paid. The close connection of the -tribunal of Pampeluna with that of Aragon is seen in the fact that -Adrian was also notary of the Inquisition of Calatayud and continued in -service there for which he received his accustomed salary. Juan de -Miades, also, the alguazil of Saragossa, was put in charge of the prison -at Pampeluna, for which he was allowed an additional salary of 500 -sueldos, until, October 15, 1515, Bernardino del Campo, of Saragossa, -was appointed gaoler at Pampeluna with a salary of 500 sueldos. We also -hear of Miguel Daoyz, notary _del secreto_ of Saragossa acting for the -Inquisition of Pampeluna. This may partly be attributable to Ferdinand's -policy, as expressed, March 23, 1514, in a letter to the Marquis of -Comares, that the officials must not be Navarrese, for he had elsewhere -experienced the disadvantage of employing natives. More urgent, however, -was the pressure of economy, for the Pampeluna Inquisition had -apparently little to do; Navarre had never had a population of Moors and -Jews comparable to that of the southern kingdoms and the refugees there -doubtless hastened their departure as soon as the shadow of the -Inquisition spread over the land, although one of the earliest orders of -Ferdinand to Comares, December 21, 1513, had been to place guards -secretly at all ports and passes to prevent their escape. How little -material existed for the Holy Office is manifested by the fact that the -confiscations did not pay the very moderate expenses and in May, 1515, -it was necessary to transfer from Valencia two hundred ducats to enable -Martin Adrian to meet the necessary charges. In September, 1514, we find -the inquisitors making a visitation of their district and, in the -following month, Fray Maya returned to the seclusion of his convent, but -of the actual work of the tribunal we hear little. It is true that a -letter of the Suprema, October 11, 1516, respecting the collection of a -penance of 300 ducats imposed on Miguel de Sant Jaime shows that -occasionally a lucrative prize was secured, but chances of this kind -must have been few for, in 1521, Cardinal Adrian, in view of the -necessities of the tribunal, ruthlessly cut down the salaries of all the -officials. Its authority cannot have been well assured for, in 1518, the -Viceroy, Duke of Najera, expresses doubts whether a sentence of -sanbenitos, pronounced on Rodrigo de Osca and his wife, of Pampeluna, -can be enforced, in view of their numerous kindred, to which the Suprema -replies by instructing him to see that nothing is allowed to impede it. -Little as it had to do, the business of the tribunal was delayed by its -imperfect organization. In 1519 eight citizens of Pampeluna complained -to the Suprema that, for trifling causes, their fathers and mothers, -wives and brothers, were in the prison of the Inquisition, where three -of them had died and the rest were sick. They had been detained for -seven or eight months, although their cases were finished, awaiting -_consultores_ from Saragossa to vote on them, wherefore the petitioners -asked that decisions be reached without further delay and that, when -discharged, the prisoners should not be ruined by pecuniary penances -greater than their substance, as had occurred on previous occasions. The -Suprema, January 12, 1519, forwarded this petition to the inquisitors -with instructions that, within fifteen days, one of them should bring to -Saragossa all the cases concluded, to be duly voted on, while the -remainder were to be finished as soon as possible and within fifteen -days thereafter to be similarly brought to Saragossa for decision. As in -this letter the Council describes itself as entrusted with the business -of the Inquisition in all the kingdoms and lordships of the crown of -Aragon and Navarre, it shows that the latter still remained subject to -the section of the Suprema pertaining to Aragon. - -[Sidenote: _NAVARRE_] - -While the tribunal of Pampeluna was thus of little service for its -ostensible objects, it was turned to account politically in the -perturbations which followed the death of Ferdinand, January 23, 1516. -Jean d'Albret, supported by France, naturally made an effort to recover -his dominions, but his ineffective siege of Saint-Jean-Pied-du-Port, and -the defeat and capture of the Marshal of Navarre at Roncesvalles, -speedily put an end to the invasion. It was important for the Spanish -government to ascertain the extent to which assistance had been pledged -to him by his former subjects. The Inquisition was unpopular among them -and would undoubtedly have been overthrown had d'Albret succeeded, so -that an investigation into those concerned in the movement could come -within an elastic definition of its functions, while its methods fitted -it admirably to obtain the information desired. Accordingly a cédula of -April 21, 1516, instructed the inquisitors to spare no effort, in every -way, to discover the names of those engaged in the affair and to obtain -all the information they could about the whole matter. This probably did -not increase the popularity of the Holy Office and the French invasion -of 1521 offered an opportunity, which was not neglected, of expressing -in action the hostility of the people. After the expulsion of the enemy, -reprisals were in order which Cardinal Adrian committed to the Precentor -of Tudela. Apparently he was not sufficiently vigorous in the work for, -in 1523, we find the Suprema stimulating him to greater activity.[604] - -Spanish domination being thus assured, the Navarrese tribunal became -useful chiefly as a precaution to prevent the subject kingdom from -continuing to be an asylum for heretics. It had been shifted from -Pampeluna to Estella and thence to Tudela, where, in 1518, the Suprema -instructs the inquisitors to find a suitable building, in order to -relieve the monastery of San Francisco in which the tribunal was -temporarily lodged. Some years later there was talk of returning it to -Pampeluna, but finally it was recognized as having a district inadequate -to its support, while the monarchy felt itself strong enough to -disregard the old boundaries of nationality. At some time prior to 1540, -Calahorra, with a portion of Old Castile, was detached from the enormous -district of Valladolid and was made the seat of a tribunal of which the -jurisdiction extended over Navarre and Biscay. About 1570 this was -transferred to Logroño, on the boundary between Old Castile and Navarre, -and there it remained, as we shall have occasion to see, until the -dissolution of the Holy Office.[605] - - - - -CHAPTER V. - -THE KINGDOMS OF ARAGON. - - -The Crown of Aragon comprised the so-called kingdoms of Aragon and -Valencia, the principality of Catalonia, the counties of Rosellon and -Cerdana, and the Balearic Isles, with the outlying dependencies of -Sicily, Sardinia and Corsica. Although marriage had united the -sovereigns of Castile and Aragon, the particularism born of centuries of -rivalry and frequent war kept the lands jealously apart as separate -nations and Ferdinand ruled individually his ancestral dominions. What -had been accomplished in Castile for the Inquisition had therefore no -effect across the border and the extension of the Spanish organization -there was complicated by the character of the local institutions and the -fact that the papal Inquisition was already in existence there since its -foundation in the middle of the thirteenth century. - -Aragon had not undergone the dissolving process of Castilian anarchy -which enabled Ferdinand and Isabella to build up an absolute monarchy on -the ruins of feudalism. Its ancient rights and liberties had been -somewhat curtailed during the tyrannical reigns of Ferdinand of -Antequera and his successors, but enough remained to render the royal -power nominal rather than real and the people were fiercely jealous of -their independence. The Córtes were really representative bodies which -insisted upon the redress of grievances before voting supplies and, if -we may believe the Venetian envoy, Giovanni Soranzo, in 1565, the -ancient formula of the oath of allegiance was still in use: "We, who are -as good as you, swear to you who are no better than we, as to the prince -and heir of our kingdom, on condition that you preserve our liberty and -laws and if you do otherwise we do not swear to you."[606] - -In dealing with a people whose liberties were so extensive and whose -jealousy as to their maintenance was so sensitive, Ferdinand was far too -shrewd to provoke opposition by the abrupt introduction of the -Inquisition such as he had forced upon Castile. His first endeavor -naturally was to utilize the institution as it had so long existed. -This, although founded as early as 1238, had sunk into a condition -almost dormant in the spiritual lethargy of the century preceding the -Reformation, and in Aragon, as in the rest of Europe, it appeared to be -on the point of extinction. It is true that, in 1474, Sixtus IV had -ordered Fra Leonardo, the Dominican General, to fill all the tribunals -of the Holy Office and he had complied by appointing Fray Juan as -Inquisitor of Aragon, Fray Jaime for Valencia, Fray Juan for Barcelona -and Fray Francisco Vital for Catalonia, but we have no record of their -activity.[607] So little importance, indeed, was attached to the -functions of the Inquisition that in Valencia, where in 1480 the -Dominicans Cristóbal de Gualbes and Juan Orts were inquisitors, they -held faculties enabling them to act without the concurrence of the -episcopal representative--an unexampled privilege, only explicable on -the assumption that the archbishop declined to be troubled with matters -so trivial. The archbishop at the time was Cardinal Rodrigo Borgia, -papal vice-chancellor, better known as Alexander VI, who speedily woke -up to the speculative value of his episcopal jurisdiction over heresy, -when the fierce persecution, which arose in Andalusia in January, 1481, -with its attendant harvest of fines and compositions, showed that a -similar prospect might be anticipated in his own province. Accordingly a -brief of Sixtus IV, December 4, 1481, addressed to the inquisitors, -withdrew their faculties of independent action and went to the other -extreme by directing them in future to do nothing without the -concurrence of the vicar-general, Mateo Mercader, senior archdeacon of -Valencia.[608] - -[Sidenote: _REVIVAL OF OLD INQUISITION_] - -In reviving and stimulating to activity this papal institution, -Ferdinand was fully resolved to have it subjected to the crown as -completely as in Castile. Hitherto it had been a Dominican province, -with inquisitors holding office at the pleasure of the Dominican -authorities and his first step therefore was to procure, in 1481, from -the Dominican General, Salvo Caseta, a commission to Fray Gaspar Juglar -to appoint and dismiss inquisitors at the royal will and pleasure.[609] -This gave him control over the personnel of the Inquisition, but to -render it completely dependent and at the same time efficient, it was -necessary that the appointees should be well paid and that the pay -should come from the royal treasury. A hundred years earlier, Eymerich, -the Inquisitor of Aragon, had sorrowfully recorded that princes were -unwilling to defray the expenses, because there were no rich heretics -left whose confiscations excited their cupidity; the Church was equally -disinclined, so that, in the absence of regular financial support, the -good work languished.[610] Now, however, greed and fanaticism joined -hands at the prospect of wealthy Conversos to be punished and Ferdinand, -by a rescript of February 17, 1482, provided ample salaries for the -manning of the tribunal of Valencia, with all the necessary -officials.[611] We may reasonably assume that he commenced there in the -anticipation of meeting less obstinate resistance than in the older and -stronger provinces of Aragon and Catalonia. He was, however, not yet -fully satisfied with his control over appointments and he applied to -Sixtus IV for some larger liberty, but the pope, who was beginning to -recognize that the Castilian Inquisition was more royal than papal, -refused, by a brief of January 29, 1482, alleging that to do so would be -to inflict disgrace on the Dominicans to whom it had always been -confided.[612] - -The reorganized tribunal speedily produced an impression by its -activity. The Conversos became thoroughly alarmed; opposition began to -manifest itself, while the more timid sought safety in flight. A certain -Mossen Luis Masquo, one of the jurats of Valencia, made himself -especially conspicuous in exciting the city against the inquisitors and -in stimulating united action in opposition by the Estates of the -kingdom. A letter to him from Ferdinand, February 8, 1482, censures him -severely for this and vaguely threatens him with the royal wrath for -persistence. Another letter of the same date to the Maestre Racional, or -chief accounting officer of the kingdom, shows that the severity with -which the property of those arrested was seized and sequestrated was -arousing indignation, for it explains the necessity of this so that not -a _diner_ shall be lost; if the inquisitors have not power to do this, -it shall be conferred on them.[613] The Maestre Racional had suggested -that for those who should spontaneously come forward and confess a form -of abjuration and reconciliation might be adopted which should spare -them the humiliation of public penance while still keeping them subject -to the penalties of relapse. To this, after consultation with learned -canonists, Ferdinand assented and sent him the formula agreed upon, with -instructions that it should appear to be the act of the local -authorities and not his--doubtless to prevent his Castilian subjects -from claiming the same exemption from the humiliating penitential -processions in the autos de fe.[614] - -[Sidenote: _PAPAL INTERFERENCE_] - -Allusions in this correspondence to special cases of arrests and -fugitives and sequestrations show that Ferdinand was succeeding in -moulding the old Inquisition as he desired and that it was actively at -work, when suddenly a halt was called. In the general terror it is -presumable that the Conversos had recourse to the Holy See and furnished -the necessary convincing arguments; it may also be conjectured that -Sixtus was disposed, by throwing obstacles in the way, to secure the -recognition of his profitable but disputed right to entertain appeals -and that he was unwilling, without a struggle, to lose control of the -Inquisition of Aragon as he had done with that of Castile. There are -traces also of the hand of Cardinal Borgia seeking to recover his -episcopal jurisdiction over heresy in Valencia. Whatever may have been -the impelling cause, the first move of Sixtus was to cause the Dominican -General, Salvo Caseta, to withdraw the commission given to Fray Gaspar -Juglar to appoint inquisitors at Ferdinand's dictation. At this the -royal wrath exploded in a letter to the General, April 26, 1482, -threatening the whole Order with the consequences of his displeasure; -Gualbes and Orts had done their duty fearlessly and incorruptibly, while -Fray Francisco Vital--appointed to Catalonia by the Dominican -General--had been taking bribes and had been banished the kingdom; he -will never allow inquisitors to act, except at his pleasure; even with -the royal favor they can accomplish little in the face of popular -opposition and without it they can do nothing; meanwhile Gualbes and -Orts will continue to act. This heated epistle was followed, May 11th, -by one in a calmer mood, asking that Juglar's commission be renewed or -another one be issued, failing which he would obtain papal authority and -overslaugh the Dominican Order.[615] - -[Sidenote: _PAPAL INTERFERENCE_] - -The next move by Sixtus was the issue, April 18, 1482, of the most -extraordinary bull in the history of the Inquisition--extraordinary -because, for the first time, heresy was declared to be, like any other -crime, entitled to a fair trial and simple justice. We shall have -abundant opportunity to see hereafter how the inquisitorial system, -observed since its foundation in the thirteenth century, presumed the -guilt of the accused on any kind of so-called evidence and was solely -framed to extort a confession by depriving him of the legitimate means -of defence and by the free use of torture. It was also an invariable -rule that sacramental confession of heresy was good only in the forum of -conscience and was no bar to subsequent prosecution. There was brazen -assurance therefore in Sixtus's complaining that, for some time, the -inquisitors of Aragon had been moved not by zeal for the faith but by -cupidity; that many faithful Christians, on the evidence of slaves, -enemies and unfit witnesses, without legitimate proofs, had been thrust -into secular prisons, tortured and condemned as heretics their property -confiscated and their persons relaxed to the secular arm for execution. -In view of the numerous complaints reaching him of this, he ordered that -in future the episcopal vicars should in all cases be called in to act -with the inquisitors; that the names and evidence of accusers and -witnesses should be communicated to the accused, who should be allowed -counsel and that the evidence for the defence and all legitimate -exceptions should be freely admitted; that imprisonment should be in the -episcopal gaols; that for all oppression there should be free appeal to -the Holy See, with suspension of proceedings, under pain of -excommunication removable only by the pope. Moreover, all who had been -guilty of heresy should be permitted to confess secretly to the -inquisitors or episcopal officials, who were required to hear them -promptly and confer absolution, good in both the forum of conscience and -that of justice, without abjuration, on their accepting secret penance, -after which they could no longer be prosecuted for any previous acts, a -certificate being given to them in which the sins confessed were not to -be mentioned, nor were they to be vexed or molested thereafter in any -way--and all this under similar pain of excommunication. The bull was -ordered to be read in all churches and the names of those incurring -censure under it were to be published and the censures enforced if -necessary by invocation of the secular arm; while finally all -proceedings in contravention of these provisions were declared to be -null and void, all exceptions from excommunication were withdrawn and -all conflicting papal decrees were set aside.[616] It is evident that -the Conversos had a hand in framing this measure and they could scarce -have asked for anything more favorable. In fact Ferdinand in December, -1482, writes to Luis Cabanilles, Governor of Valencìa, that he learns -that Gonsalvo de Gonsalvo Royz was concerned in procuring the bull for -the Conversos: he is therefore to be arrested at once and is not to be -released without a royal order, while Luis de Santangel, the royal -_escribano de racion_, will convey orally the king's intentions -concerning him.[617] - -In this elaborate and carefully planned decree Sixtus formally threw -down the gage of battle to Ferdinand and announced that he must be -placated in some way if the Inquisition of Aragon was to be allowed to -perform its intended functions. That it was simply a tactical -move--rendered doubly advantageous by liberal Converso payment--and that -he is to be credited with no humanitarian motives, is sufficiently -evident from his subsequent action and also from the fact that the bull -was limited to Aragon and in no way interfered with the Castilian -tribunals. Ferdinand promptly accepted the challenge. He did not await -the publication of the bull but addressed, on May 13th, a haughty and -imperative letter to Sixtus. He had heard, he said, that such -concessions had been made, which he briefly condensed in a manner to -show that his information was accurate, and further that the inquisitors -Gualbes and Orts had been removed, at the instance of the New Christians -who hoped for more pliable successors. He refused to believe that the -pope could have made grants so at variance with his duty but, if he had -thus yielded to the cunning persuasions of the New Christians, he, the -king, did not intend ever to allow them to take effect. If anything had -been conceded it must be revoked; the management of the Inquisition must -be left to him; he must have the appointment of the inquisitors, as only -through his favor could they adequately perform their functions; it was -through lack of this royal power that they had hitherto been corrupted -and had allowed heresy to spread. He therefore asked Sixtus to confirm -Gualbes and Orts and the commission to Gaspar Juglar, or to give a -similar commission to some other Dominican, for he would permit no one -to exercise the office in his dominions except at his pleasure.[618] - -Sixtus seems to have allowed five months to elapse before answering this -defiance, but in the meanwhile the Inquisition went on as before. -Ferdinand had formed in Valencia a special council for the Holy Office -and this body ventured to remonstrate with him about the confiscations -and especially the feature of sequestration, by which, as soon as an -arrest was made, the whole property of the accused was seized and held; -this was peculiarly oppressive and the council represented that it -violated the fueros granted by King Jaime and King Alfonso, but -Ferdinand replied, September 11th, that he was resolved that nothing -belonging to him should be lost but should be rigidly collected, while -what belonged to others should not be taken. Another letter of September -6th to the Governor Luis Cabanilles refers to an arrangement of a kind -that became frequent, under which the Conversos agreed to pay a certain -sum as a composition for the confiscations of those who might be proved -to be heretics.[619] - -[Sidenote: _CRISTOBAL GUALBES_] - -At length, on October 9th, Sixtus replied to Ferdinand in a manner to -show that he was open to accommodation. The new rules, he said, had been -drawn up with the advice of the cardinals deputed for the purpose; they -had scattered in fear of the impending pestilence but, when they should -return to Rome, he would charge them to consider maturely whether the -bull should be amended; meanwhile he suspended it in so far as it -contravened the common law, only charging the inquisitors to observe -strictly the rules of the common law--the "common law" here being an -elastic expression, certain to be construed as the traditional -inquisitorial system.[620] Thus the unfortunate Conversos of Aragon, as -we shall see hereafter were those of Castile, were merely used as pawns -in the pitiless game of king and pope over their despoilment and the -merciful prescriptions of the bull of April 18th were only of service in -showing that, in his subsequent policy, Sixtus sinned against light and -knowledge. What negotiations followed, the documents at hand fail to -reveal, but an understanding was inevitable as soon as the two powers -could agree upon a division of the spoil. It required a twelvemonth to -effect this and in the settlement Ferdinand secured more than he had at -first demanded. It was no longer a question of commissioning a fraile to -appoint inquisitors at his pleasure, but of including in the -organization of the Castilian Inquisition the whole of the Spanish -dominions. On October 17, 1483, the agreement was ratified by a bull -appointing Torquemada as inquisitor of Aragon, Valencia and Catalonia, -with power to appoint subordinates. In this, with characteristic -shamelessness, Sixtus declares that he is only discharging his duty as -pope, while his tender care for the reputation of the Dominicans is -manifested by his omitting to prescribe that the local inquisitors -should be members of that Order, the only qualification required being -that they should be masters in theology.[621] - -During the interval, prior to this extension of Torquemada's -jurisdiction, there was an incident showing that Sixtus had yielded the -appointment of inquisitors, while endeavoring to retain the power of -dismissing them. Cristóbal Gualbes, who was acting in Valencia to the -entire satisfaction of Ferdinand, became involved in a bitter quarrel -with the Archdeacon Mercader for whom, as we have seen, Cardinal Borgia -had obtained a papal brief, virtually constituting him an indispensable -member of the tribunal--a power which he doubtless used speculatively to -the profit of Borgia and himself. It is to the interference of Gualbes -with these worthies that we may reasonably attribute the action of -Sixtus, who wrote, May 25, 1483, to Ferdinand and Isabella that the -misdeeds of Gualbes merited heavy punishment, but he contented himself -with removing him and asked them to fill his place with some fitting -person on whom he in advance conferred the necessary powers. He -evidently felt doubtful as to their acquiescence, for he wrote on the -same day to Iñigo Archbishop of Seville, asking him to use his influence -to induce the sovereigns to concur in this.[622] Ferdinand was not -inclined to abandon Gualbes for, in a letter of August 8th, he orders -the Maestre Racional of Valencia to pay to "lo devot religios maestre -Gualbes" forty libras to defray his expenses in coming to the king at -Córdova and in order that he might without delay return to work.[623] In -the final settlement however Gualbes was sacrificed, for when -Torquemada was made Inquisitor-general of Aragon, Sixtus expressly -forbade him from appointing that son of iniquity Cristóbal Gualbes who, -for his demerits, had been interdicted from serving as inquisitor.[624] - - * * * * * - -If Ferdinand imagined that he had overcome the resistance of his -subjects by placing them under the Castilian Inquisition with Torquemada -at its head, he showed less than his usual sagacity. They had been -restive under the revived institution conducted by their own people and -the intense particularism of the Aragonese could not fail to arouse -still stronger opposition to the prospect of subjection to the -domination of a foreigner such as Torquemada, whose sinister reputation -for pitiless zeal gave assurance that the work would be conducted with -greater energy than ever. - -[Sidenote: _VALENCIA_] - -In Castile the introduction of the Inquisition had been done by the -arbitrary power of the crown; in Aragon the consent of the -representatives of the people was felt to be necessary for the change -from the old to the new and a meeting of the Córtes was convoked at -Tarazona for January 15, 1484. Ferdinand and Isabella arrived there on -the 19th and remained until May, when the opening of the campaign -against Granada required their presence elsewhere. Torquemada was there -ready to establish the tribunals; what negotiations were requisite we do -not know, though we hear of his consulting with persons of influence, -and an agreement was reached on April 14th. It was not until May 7th, -however, that Ferdinand issued from Tarazona a cédula addressed to all -the officials throughout his dominions, informing them that with his -assent the pope had established the Inquisition to repress the Judaic -and Mahometan heresies and ordering that the inquisitors and their -ministers should be honored and assisted everywhere under pain of the -royal wrath, of deprivation of office and of ten thousand florins.[625] - -Under the plenary powers of Torquemada's commission, steps were taken to -reorganize the Inquisition and adapt it to the active discharge of its -duties. Tribunals were to be established permanently in Valencia, -Saragossa and Barcelona with new men to conduct them. Gualbes was -disposed of by the enmity of Sixtus IV. Orts still figures in an order -for the payment of salaries, April 24, 1484, and, on May 10th, -Ferdinand, writing from Tarazona, says that he is there and will be sent -to Saragossa, but he never appeared at the latter place, though he was -not formally removed from office until February 8, 1486, by Innocent -VIII, when he was styled Inquisitor of Valencia and Lérida.[626] - - -VALENCIA. - -In the Spring of 1484 Torquemada appointed, for Valencia, Fray Juan de -Epila and Martin Iñigo, but the popular resistance and effervescence -were such that their operations were greatly delayed. The jurats, or -local authorities, prevented the opening of their tribunal and, by the -advice of Miguel Dalman, royal advocate fiscal, presented an appeal to -the Córtes of the kingdom, imploring their intervention. The Córtes had -assembled and all four _brazos_ or Estates united in remonstrances -against the threatened violation of the fueros and privileges of the -land and threw every impediment in the way of the inquisitors. All this -we learn from a series of letters despatched, July 27th, by Ferdinand to -the various officials, from the governor down, in which he gives free -vent to his wrath and indignation, declaring his will to be -unchangeable, threatening with punishment and dismissal all who resist -it and pronouncing as frivolous the argument that the Inquisition was an -invasion of the privileges of the land. At the same time he wrote to the -inquisitors informing them of his proposed measures, instructing them to -perform their duties without fear and cautioning them to observe the -fueros and privileges and to show clemency and mercy, in so far as they -could with a good conscience, to those who confessed their errors and -applied for reconciliation.[627] - -Energetic and determined as was the tone of these letters they produced -no effect upon the obstinate Valencians. The Córtes and the city joined -in sending a deputation to the king to remonstrate against the proposed -violation of their rights. The Maestre Racional stood by and did nothing -to remove the dead-lock. Even the Royal Council of Valencia prevented -the inquisitors from opening their tribunal, on the ground that they -were foreigners while, by the fueros, none but natives could exercise -official functions. All this produced another explosion of royal anger -under date of August 31st. Ferdinand roundly scolded his officials and -threatened punishment proportioned to the gravity of the offence; the -reasons alleged by the envoys and the council were brushed aside as -untenable; he ordered the governor to set the inquisitors at work, -without caring what the Córtes might do or what the people might say, -and he exhorted the inquisitors to lose no time in performing their -duties.[628] The struggle continued but at length opposition was broken -down and, on November 7, 1484, the inquisitors were able formally to -assume their functions by preaching their _sermon de la fe_ and -publishing their edicts. Although they were thus in shape to carry on -the business of the tribunal, the usual solemnities were omitted and -they did not venture to exact, from the secular and ecclesiastical -dignitaries, the customary oaths--all of which Ferdinand subsequently -ordered to be performed.[629] - -[Sidenote: _VALENCIA_] - -Scarcely had the inquisitors commenced operations when Borgia's -representative, the Archdeacon Mateo Mercader, was the cause of fresh -trouble. Discord arose between him and Juan de Epila which threatened to -have even more serious results than his quarrels with Gualbes, which had -compromised the attempt to revive the old Inquisition. Ferdinand's -patience was exhausted and so serious did he consider the situation that -he despatched his secretary, Antonio Salavert, to Valencia armed with -peremptory orders to Mercader and the governor. The former was required -to make over his episcopal functions to Martí Trigo, another -vicar-general, to surrender the bull of December 4, 1481, delegating to -him inquisitorial powers, and no longer to meddle in any way with the -Holy Office. In case of disobedience, the governor was instructed, -without a moment's delay, to order him under pain of five thousand -florins, to depart within twenty-four hours for the royal court and to -be beyond the frontier of Valencia within six days; if he failed in this -all his temporalities were to be seized to defray the fine and further -contumacy was to be met by banishing him from the kingdom as a -disobedient rebel. The inquisitors were also told no longer to summon -him to their deliberations and not to allow him to take part in their -action.[630] All this was in flagrant violation of the fueros of the -land and independence of the Church and shows what latitude Ferdinand -allowed himself when the Inquisition was concerned. It was successful -however and we hear no more of Mercader, though it was not until -February 8, 1486, that the curia assented to this arbitrary illegality -by withdrawing his commission along with those of the old -inquisitors.[631] - -Still, Valencia was not disposed to allow to the Inquisition the -untrammelled exercise of its powers or to render to it the assistance -required of all the faithful. The nobles continued for some months to -offer resistance and when this was nominally broken down it continued in -a passive form. To meet it, Ferdinand, in a letter of August 17, 1485, -ordered Mossen Joan Carrasquier, alguazil of the Inquisition, at the -simple bidding of the inquisitors, to arrest and imprison any one, no -matter how high in station. For this he was not to ask the concurrence -of any secular authority, for the whole royal power was committed to him -and all officials, under pain of two thousand gold florins, and other -arbitrary punishment, were required to lend him active assistance. Even -this infraction of the royal oath to respect the liberties of the -subject did not suffice, for another letter of January 23, 1486, states -that the nobles continued to give refuge in their lands to fugitives -from the Inquisition, even to those condemned and burnt in effigy, -wherefore they were summoned, under their allegiance and a penalty of -twenty thousand gold florins, to surrender to the alguazil all whom he -might designate and to aid him in seizing them. About the same time -Ferdinand placed the royal palace of Valencia at the service of the -Inquisition and ordered to be built in it the necessary prisons. His own -officials apparently had by this time been taught obedience for in -March, 1487, he writes to the governor warmly praising their zeal.[632] -To stimulate this, on July 28, 1487, he issued a safe-conduct, taking -under the royal protection all the officials of the Inquisition, their -families and goods; all royal officials, from the highest to the lowest, -were required, under pain of five thousand florins and the king's wrath, -to assist them and to arrest whomsoever they might designate.[633] - -[Sidenote: _ARAGON_] - -Still, there were occasional ebullitions of resistance which were met -with prompt and effective measures. In 1488 the Lieutenant-general of -the kingdom ventured to remove by force, from the inquisitorial prison, -a certain Domingo de Santa Cruz, condemned for heresy, and was at once -summoned by Torquemada to answer for his temerity. Ferdinand at the same -time wrote to him severely to come without delay and, that the kingdom -might not be without a governor, sent him a commission in blank to fill -in with the name of a deputy to act during his absence or until the king -should otherwise provide; moreover, all who had assisted in the removal -of the prisoner were to be forthwith arrested by the inquisitors.[634] -So, when in 1497 the notaries of Valencia claimed that the notaries of -the Holy Office had no power to certify documents concerning the sales -of confiscated property and other similar business and summoned them -before the secular authorities, Ferdinand threatened them with severe -punishment, besides the prosecution by the inquisition to which they -were liable for impeding it, for it was not subject to any of the laws -or privileges of the land. He also wrote to the Duke of Segorbe, his -lieutenant-general, to support the Inquisition; the fiscal of the -Suprema presented a _clamosa_ claiming that those guilty of this action -were excommunicate and liable to the penalties for fautorship of heresy, -and the inquisitor-general forwarded this to them with a summons to -appear within fifteen days and defend themselves.[635] The Inquisition -was so sacred that a mere attempt to decide at law a question of -business was a crime involving heavy penalties. Ferdinand's sharp -rebuke, in 1499, when a case of confiscation, involving peculiar -hardship, provoked the royal officials and local magistrates to meet and -draw up a protest in terms unflattering to the tribunal has already been -referred to (p. 189). It was probably one of the results of this that, -on June 28, 1500, the inquisitors summoned all the officials and the -Diputados before them and, when all were assembled, read to them the -apostolic letters and those of the king respecting the tribunal and its -fees and required all present to take the oath of obedience, which was -duly acceded to without objections.[636] The unintermitting pressure of -the throne was thus finally effective and, in spite of its fueros, the -little kingdom was brought under the yoke. - -The tribunal had been active and efficient. Already, in June, 1488, a -list of those reconciled under the Edicts of Grace amounted to 983 and, -among these, no less than a hundred women are described as the wives or -daughters of men who had been burnt. Those included in this enumeration -were given assurance that their property would not be subject to -confiscation--unless it had already been sequestrated--and that they -could effect sales and make good titles. Apparently inquisitorial zeal -disregarded this assurance for these penitents applied for and obtained -its confirmation, May 30, 1491.[637] Of course they had been subjected -to heavy fines under the guise of pecuniary penance and we can readily -imagine how large was the sum thus contributed to the coffers of the -Inquisition, to which as yet these fines enured. - - -ARAGON. - -[Sidenote: _OPPOSITION IN SARAGOSSA_] - -The parent state of Aragon proper seemed at first sight to present an -even more arduous problem than Valencia. The people were proud of their -ancient liberty and resolute in its maintenance, through institutions -sedulously organized for that purpose. The Conversos were numerous, -wealthy and powerful, occupying many of the higher offices and -intermarried with the noblest houses and, in the fate of their brethren -of Castile, they had ample warning of what was in store for them. In the -revival of the old Inquisition, Valencia was the scene of action and we -hear little of Gualbes and Orts beyond its boundaries. The acceptance, -however, by the Córtes of Tarazona, in the Spring of 1484, of -Torquemada's jurisdiction, of course included Aragon; he lost no time in -organizing a tribunal in Saragossa, by the appointment, May 4th, as -inquisitors of Fray Gaspar Juglar and of Maestre Pedro Arbués, a canon -of the cathedral, with the necessary subordinates and, by May 11th, the -appointments for a full court were completed, as we learn by an order -for the payment of the salaries.[638] The expense was large but it was -already provided for; Torquemada must himself have employed his leisure -in acting as inquisitor for, on May 10th, an auto de fe was held in the -cathedral in which four persons were penanced and subjected to -confiscation.[639] Gaspar Juglar in this appointment obtained his reward -for the services he had rendered as a nominator of inquisitors, but he -did not long enjoy it; he disappears almost immediately, poisoned, as it -was said, by the Conversos in some _rosquillas_ or sweet cakes.[640] No -time was lost in getting to work. Ferdinand had written from Tarazona, -May 10th, that the Edict of Grace which had been resolved upon was not -to be published, but that proceedings should go on as if it had been -proclaimed and had expired, thus depriving the Conversos of the -opportunity of coming forward for confessing, and explaining the absence -at Saragossa of the long lists of penitents that we find elsewhere.[641] -Thus, although some time must have been required for the members of the -tribunal to assemble, by June 3d it was ready for another auto, held in -the courtyard of the archiepiscopal palace. This time it was not -bloodless, for two men were executed and a woman was burnt in -effigy.[642] - -No more autos were held in Saragossa for eighteen months. Thus far the -people had been passive; they had accepted the action of the Córtes of -Tarazona, apparently under the impression that the new Inquisition would -be as inert as the old had so long been, but, as they awoke to the -reality, an opposition arose which called a halt and Arbués never -celebrated another auto. Not only the Conversos but many of the Old -Christians denounced the Inquisition as contrary to the liberties of the -land. The chief objections urged against it were the secrecy of -procedure and the confiscation of estates and, as these were the veriest -commonplaces of inquisitorial business, it shows how completely the old -institution had been dormant. So many Conversos were lawyers and judges -and high officials that they had abundant opportunity to impede the -action of the tribunal by obtaining injunctions and decisions of the -courts as to confiscations, which they regarded as the most assailable -point, believing that if these could be stopped the whole business would -perish of inanition.[643] - -To overcome this resistance, resort was had to the rule compelling all -who held office to take the oath of obedience to the Inquisition. On -September 19th, the royal and local officials were assembled and -solemnly sworn to maintain inviolably the holy Roman Catholic faith, to -employ all their energies against every one of whatever rank, who was a -heretic or suspect of heresy or a fautor of heresy, to denounce any one -whom they might know to be guilty and to appoint to office no one -suspect in the faith or incapacitated by law. A few days later the same -oath was taken by the Governor of Aragon, Juan Francisco de Heredia and -his assessor, Francisco de Santa Fe, son of that Geronimo de Santa Fe -the convert, who had stimulated the popular abhorrence of Judaism. -Other nobles were subsequently required to take the oath, and it was -gradually administered to all the different Estates. Then, in November, -followed Torquemada's assembly of inquisitors at Seville, whose -instructions were duly transmitted to Aragon for observance, although -Aragon had not been represented in the conference. Thus far the tribunal -seems to have had no definite quarters, but it was now settled in some -houses between the cathedral and the archiepiscopal palace, convenient -to the ecclesiastical gaol.[644] - -Agitation grew stronger and those who deemed themselves in danger began -to seek safety in flight, whereupon Ferdinand, on November 4th, issued -orders to the authorities of the three kingdoms to adopt whatever means -might be necessary to prevent the departure of all who were not firm in -the faith. The effort proved ineffective, as it was decided to be in -violation of the fueros, but the Inquisition was superior to the fueros -and Ferdinand instructed the inquisitors to issue an edict forbidding -any one to leave the kingdom without their license, under pain of being -held as a relapsed heretic in case of return, and this scandalous -stretch of arbitrary power he sarcastically said that he would enforce -so that the object might be attained without infringing on the liberties -of the kingdom.[645] - -[Sidenote: _RESISTANCE IN TERUEL_] - -The rich Conversos offered large amounts to the sovereigns if they would -forego the confiscations, but the proposition was rejected. A heavy sum -was subscribed to propitiate the curia, but the arrangement by which the -land was subjected to Torquemada was too recent to be changed. The -lieutenant of the Justicia of Aragon, Tristan de la Porta, was urged to -prohibit the Inquisition altogether, but in vain. Then the Four Estates -of the realm were called together to deliberate on a subject which -involved the liberties of the whole land. To forestall their action -Ferdinand, on December 10th, addressed a circular letter to the deputies -and to the leading nobles, entreating them affectionately to favor and -aid the inquisitors of Saragossa and Teruel, but this had no influence -and a solemn embassy was sent to remonstrate with him. To their -representations he answered, disposing of their arguments by assuming -practically that he was only the agent of the Church in enforcing the -well-known principles of the canons. The essence of his answer is -embodied in responding to their demand that the Inquisition be carried -on as in times past, for in any other way it violated the liberties of -the kingdom. "There is no intention" he said "of infringing on the -fueros but rather of enforcing their observance. It is not to be -imagined that vassals so Catholic as those of Aragon would have -demanded, or that kings so Catholic would have granted, fueros and -liberties adverse to the faith and favorable to heresy. If the old -inquisitors had acted conscientiously in accordance with the canons -there would have been no cause for bringing in the new ones, but they -were without conscience and corrupted with bribes. If there are so few -heretics as is now asserted, there should not be such dread of the -Inquisition. It is not to be impeded in sequestrating and confiscating -and other necessary acts, for be assured that no cause or interest, -however great, shall be allowed to interfere with its proceeding in -future as it is now doing."[646] - -Meanwhile there had been, at Teruel, a more open resistance to the -Inquisition, in which the inflexible purpose of the monarch to enforce -obedience at any cost was abundantly demonstrated. Simultaneously with -the organization of the Saragossa tribunal, Fray Juan Colivera and -Mossen Martin Navarro were sent to Teruel with their subordinates to -establish one there. Teruel was a fortified city of some importance, -near the Castilian border, the capital of its district, although it was -not elevated into a separate bishopric until 1577. When the reverend -fathers appeared before the gates, the magistrates refused them entrance -and they prudently retired to Cella, a village about four leagues -distant, whence they fulminated an edict excommunicating the magistrates -and casting an interdict on the town. From the venal papal court Teruel -had no difficulty in procuring letters in virtue of which the dean, -Francisco Savistan, and Martin de San Juan, rector of Villaquemada, -absolved the excommunicates and removed the interdict, nor is it likely -that any success attended Ferdinand's order to his son, the Archbishop -of Saragossa, to send to his official at Teruel secret instructions to -seize the two priests and hold them in chains. The town sent a -supplication to him by Juan de la Mata and Micer Jaime Mora, but he only -ordered them to send home a peremptory command to submit, under pain of -such punishment as should serve as a perpetual example. This he also -communicated to the Governor of Aragon, Juan Fernández de Heredia, with -instructions to take it to Teruel and read it to the magistrates, when, -if they did not yield, a formal summons to appear before him was to be -read to each one individually--all of which was doubtless performed -without effect. Ferdinand had also ordered the envoys not to leave the -court, but they fled secretly and his joy was extreme when, six months -later, Juan de la Mata was captured by Juan Garcés de Marzilla. - -[Sidenote: _RESISTANCE IN TERUEL_] - -The next step of the Inquisition was a decree, October 2, 1484, -confiscating to the crown all the offices in Teruel and pronouncing the -incumbents incapable of holding any office of honor or profit--a decree -which Ferdinand proceeded to execute by stopping their salaries. It was -in vain that the Diputados of Aragon interceded with him; he replied -curtly that the people of Teruel had nothing to complain of and were -guilty of madness and outrage. Then the inquisitors took final action, -which was strictly within their competence, by issuing a letter invoking -the aid of the secular arm and summoning the king to enable them to -seize the magistrates and confiscate their property. To this he -responded, February 5, 1485, with an _Executoria invocationis brachii -sæcularis_, addressed to all the officials of Aragon, requiring them and -the nobles to assemble all the horse and foot that they could raise and -put them at the service of the inquisitors, under a captain whom he -would send to take command. Under pain of the royal wrath, deprivation -of office, a fine of twenty thousand gold florins and discretional -penalties, they were ordered to seize all the inhabitants of Teruel and -their property and deliver them to the inquisitors to be punished for -their enormous crimes in such wise as should serve for a lasting -example. The people of Cella, also, were ordered to deliver their castle -to the inquisitors to serve as a prison and to make all repairs -necessary for that purpose. Apparently the response of Aragon to this -summons was unsatisfactory for Ferdinand, in defiance of the fuero which -forbade the introduction of foreign troops into the kingdom, took the -extreme step of calling upon the nobles of Cuenca and other Castilian -districts contiguous to the border, to raise their men and join in the -holy war, while the receiver of confiscations was ordered to sell enough -property to meet the expenses. Whether this formidable array was raised -or not, the documents do not inform us, nor of the circumstances under -which Teruel submitted, but it had braved the royal will as long as it -dared and it could not hold out against the forces of two kingdoms. By -April 15th Ferdinand was in position to appoint Juan Garcés de Marzilla, -the captor of Juan de la Mata, as _assistente_ or governor of Teruel, -with absolute dictatorial powers, and the spirit in which he exercised -them may be gathered from his declaration that he did not intend to -allow fueros or privileges to stand in the way. The lot of the -inhabitants was hard. Ferdinand ordered Marzilla to banish all whom the -inquisitors might designate, thus placing the whole population at their -mercy, and their rule must have been exasperating, for, in January, -1486, Ferdinand reproaches Marzilla because his nephew, who had aided in -the capture of la Mata, had recently attempted to slay the alguazil of -the Inquisition. Presumably the inquisitorial coffers were filled with -the fines and confiscations which could be inflicted at discretion on -the citizens for impeding the Inquisition. During the long struggle -Teruel had been at the disadvantage that the surrounding country -supported the inquisitors, won over through an astute device by which -the inquisitors, while at Cella, had guaranteed, on the payment of -certain sums, the remission of all debts and the release of all censos -or bonds and groundrents, which might be due to heretics who should be -convicted and subjected to confiscation in Teruel. All debtors were thus -eager for the success of the inquisitors and for the punishment of -heresy among the money-lending Conversos of the town.[647] - - * * * * * - -Meanwhile, in Saragossa, the Conversos were growing desperate. All -peaceful means of averting the fate that hung over them had failed and -events at Teruel demonstrated the futility of resistance. The bolder -spirits began to whisper that the only resource left was to kill an -inquisitor or two, when the warning would deter others from incurring -the hazard. They knew that secret informations were on foot gathering -from all sources testimony against them all. Inquisitor Arbués was -almost openly said to be ready to pay for satisfactory evidence, and the -life and fortune of every man was at the mercy of the evil-minded.[648] -Sancho de Paternoy, the Maestre Racional of Aragon, when on trial, -admitted to prejudice against Juan de Anchias, secretary of the -tribunal, because he had enquired of a Jewish tailor whether Paternoy -had a seat in the synagogue.[649] Suspense was becoming insupportable; -the project of assassination gradually took shape and, when the friends -of the Conversos at the royal court were consulted, including -Ferdinand's treasurer Gabriel Sánchez, they approved of it and wrote -that if an inquisitor was murdered it would put an end to the -Inquisition.[650] - -At first the intention was to make way not only with Pedro Arbués but -with the assessor, Martin de la Raga, and with Micer Pedro Francés, and -a plot was laid to drown the assessor while he was walking by the Ebro, -but he chanced to be accompanied by two gentlemen and it was -abandoned.[651] The whole attention of the conspirators was then -concentrated on Arbués. Maestre Epila, as he was commonly called, was -not a man of any special note, though his selection by Torquemada -indicates that he was reputed to possess the qualities necessary to curb -the recalcitrant Aragonese, and we are told that he was an eloquent -preacher. He possessed the gift of prophecy, if we may believe the story -that he foretold to his colleague Martin García that he would reach the -episcopate, for García, in 1512, became Bishop of Barcelona, but such -foresight is not necessary to explain his reluctance to accept the -inquisitorship, for, although this was always a promising avenue to -promotion, the post was evidently to be an arduous one.[652] His -hesitation was overcome and we have seen how energetically he commenced -his new career, yet the interruptions which supervened had prevented him -from accomplishing much and he fell a victim rather to fear than to -revenge. - -[Sidenote: _ASSASSINATION OF ARBUES_] - -The conspirators were evidently irresolute, for the plot was long in -hatching, but the secret was wonderfully well kept, considering that the -correspondence respecting it was extensive. Rumors however were not -lacking and, as early as January 29, 1485, Ferdinand wrote to the -Governor of Aragon that a conspiracy was on foot and that a large sum -was being raised to embarrass the Inquisition in every way, yet at the -same time he thanked the jurats for their zeal in aiding the -inquisitors.[653] If suspicion was then aroused, it slumbered again and -for six months meetings were held without being discovered. It was -determined to raise fund for hiring assassins and three treasurers were -appointed. Juan de Esperandeu, a currier, known as a desperate man, -whose father had been arrested, undertook to find the bravos and hired -Juan de la Badía for the purpose. In April or May, 1485, an attempt was -made on the house where Arbués lodged, but the men were frightened off -and the matter was postponed for several months. At length, on the night -of September 15th, Esperandeu went to the house of la Badía and wakened -him; together they returned to Esperandeu's, where they found the -latter's servant Vidau Durango, a Frenchman, with Mateo Ram, one of the -leaders of the plot, his squire Tristanico Leonis and three others who -were masked and who remained unknown. They all went to the cathedral and -entered by the chapter door, which was open on account of the service of -matins. Arbués was kneeling in prayer between the high altar and the -choir, where the canons were chanting; he knew that his life was -threatened, for he wore a coat of mail and a steel cap, while a lance -which he carried was leaning against a pillar. La Badía whispered to -Durango "There he is, give it to him!" Durango stole up behind and, with -a back-stroke, clove his neck between his armor. He rose and staggered -towards the choir, followed by la Badía, who pierced him through the -arm, while Mateo Ram was also said to have thrust him through the body. -He fell; the assassins hurried away and the canons, alarmed at the -noise, rushed from the choir and carried him to his house near by, where -surgeons were summoned who pronounced the wounds to be mortal. He lay -for twenty-four hours, repeating, we are told, pious ejaculations, and -died on September 17th, between 1 and 2 A.M. Miracles at once attested -his sanctity. On the night of the murder the holy bell of Villela tolled -without human hands, breaking the bull's pizzle with which the clapper -was secured. His blood, which stained the flagstones of the cathedral, -after drying for two weeks, suddenly liquefied, so that crowds came to -dip in it cloths and scapulars and had to be forcibly driven off when he -was buried on the spot where he fell: when the conspirators were -interrogated by the inquisitors, their mouths became black and their -tongues were parched so that they were unable to speak until water was -given to them. It was popularly believed that when, in their flight, -they reached the boundaries of the kingdom, they became divinely -benumbed until seized by their captors. More credible is the miracle, -reported by Juan de Anchias, that their trials led to the discovery of -innumerable heretics who were duly penanced or burnt.[654] Pecuniarily -the affair had not been costly; the whole outlay had been only six -hundred florins, of which one hundred was paid to the assassin.[655] - -[Sidenote: _REVULSION OF FEELING_] - -Like the murder of Pierre de Castelnau in Languedoc, this crime turned -the scale. Its immediate effect was to cause a revulsion of popular -feeling, which hitherto had been markedly hostile to the Inquisition. -The news of the assassination spread through the city with marvellous -rapidity and before dawn the streets were filled with excited crowds -shouting "Burn the Conversos who have slain the inquisitor!" There was -danger, in the exaltation of feeling, not only that the Conversos would -be massacred but that the Judería and Morería would be sacked. By -daylight the archbishop, Alfonso de Aragon, mounted his horse and -traversed the streets, calming the mob with promises of speedy justice. -A meeting was at once called of all the principal persons in the city, -which resolved itself into a national assembly and empowered all -ecclesiastical and secular officials to proceed against every one -concerned with the utmost vigor and without observing the customs and -fueros of the kingdom.[656] For some days the Conversos continued to -flatter themselves that with money they would disarm Ferdinand's wrath; -they had, they said, the whole court with them and the sympathies of all -the magnates of the land,[657] but they miscalculated his shrewd resolve -to profit to the utmost by their blunder and the consequent weakness of -their friends. The royal anger, indeed, was much dreaded and the -Diputados, a few days later, wrote to the king reporting what had been -done; the criminals had already scattered in flight; the city had -offered a reward of five hundred ducats; the judges had written to -foreign lands to invoke aid in intercepting the fugitives and both city -and kingdom would willingly undergo all labor and expense necessary to -avenge the crime. A proclamation was also issued excommunicating all -having knowledge of the conspiracy who should not within a given time -come forward and reveal what they knew.[658] - -It was probably in consequence of the murder that Ferdinand and Isabella -succeeded in obtaining, from Innocent VIII, papal letters of April 3, -1487, ordering all princes and rulers and magistrates to seize and -deliver to the Inquisition of Spain all fugitives who should be -designated to them, thus extending its arms everywhere throughout -Christendom and practically outlawing all refugees; no proof was to be -required, simple requisition sufficed, the surrender was to be made -within thirty days and safe-conduct assured to the frontier, under pain -of excommunication and the penalties for fautorship of heresy. -Fortunately for humanity this atrocious attempt to establish a new -international law by papal absolutism was practically ignored.[659] - -[Sidenote: _THE INQUISITION AT WORK_] - -There was one case however in which its punitive clauses seem to have -been invoked. Several of the accomplices in the assassination found -refuge in Tudela, a frontier city of Navarre and on January 27, 1486, -Ferdinand wrote to the magistrates there affectionately requesting that, -if the inquisitors should send for the accused, all aid should be -rendered, seeing that he had given orders to obey such requisitions -throughout his own kingdoms. This application was unsuccessful and in -May he repeated it imperiously, threatening war upon them as defenders -of heretics.[660] The condition of the perishing kingdom of Navarre, -under the youthful Catherine and Jean d'Albret, was not such as to -protect it from the insults of a sovereign like Ferdinand and the -inquisitors presumed so far as to instruct Don Juan de Ribera, then in -command of the frontier, to carry the royal threats into execution. That -prudent officer refused to make war upon a friendly state without the -protection of an express order bearing the signatures of Ferdinand and -Isabella, whereupon, on June 30th, the inquisitors complained of him to -the king. He was in Galicia, suppressing a rising of the Count of Lemos -and reducing the lawless nobles to order and from Viso, July 22d, he -replied that he would at once have sent the order but that he had -brought with him all the frontier troops; as soon as his task was -accomplished he would send back forces with orders to Don Juan to make -war on Tudela in such fashion as to compel it to do what was requisite -for the service of God.[661] A letter of the same date to Torquemada -states that the inquisitors have asked for letters of marque and -reprisal against Tudela on account of Luis de Santangel, but this must -be preceded by a _carta requisitoria_, which he instructs Torquemada to -prepare and send to him when he will execute it.[662] It was not until -the end of November that the sovereigns returned to Salamanca and it is -presumable that the campaign against Tudela was postponed until the -Spring. Of course the fugitives had long before sought some safer -asylum, but the papal brief of April 3, 1487, could be enforced against -the magistrates and they endured the humiliation of submitting to the -tribunal of Saragossa. At an auto de fe held March 2, 1488, the alcalde -and eight of the citizens appeared and performed penance.[663] - -Ferdinand recognized the opportunity afforded by the assassination of -Arbués and was resolved to make the most of it. Prominent among the -means for this was the stimulation of the popular veneration of the -martyr. On September 29, 1486, his solemn exequies were celebrated with -as much solemnity as those of the holiest saint; a splendid tomb was -built to which his remains were translated, December 8, 1487; a statue -was erected with an inscription by the sovereigns and over it a -bas-relief representing the scene of the murder. During a pestilence, in -1490, the city ordered a silver lamp, fifty ounces in weight, to be -placed before the tomb and another silver lamp to burn day and -night.[664] His cult as a saint was not allowed to await the tardy -recognition of the Holy See. - -The conspirators miscalculated when they imagined that his murder would -deter others from taking his place. There was no danger for inquisitors -now in Aragon and the tribunal of Saragossa was promptly remanned and -enlarged for the abundant harvest that was expected.[665] It was not -long in getting to work and on December 28, 1485, an auto was celebrated -in which a man and a woman were burnt.[666] The tribunal was removed to -the royal palace-fortress outside of the walls, known as the Aljafería, -as an evidence that it was under the royal safeguard and Ferdinand -proclaimed that he and his successors took it under their special -protection.[667] Strict orders were sent to the Estates of the kingdom -and to the local officials to suppress summarily all resistance to the -confiscations, which were becoming so extensive that the receiver at -Saragossa had his hands full and was empowered to appoint deputies -throughout the land to attend to the work in their respective -districts.[668] - -In the prevailing temper pursuit was hot after the murderers of Arbués -and the avengers were soon upon their track. There were some -hair-breadth escapes, and much curious detail, for which space fails us -here, will be found in the _Memoria de diversos Autos_ in the Appendix, -some of it showing that there were powerful secret influences in favor -of individuals. One party, consisting of the chief contriver of the -plot, Juan de Pedro Sánchez and his wife, Gaspar de Santa Cruz and his -wife, Martin de Santangel, García de Moras, Mossen Pedro Mañas and the -two Pedro de Almazan, effected their escape by way of Tudela, for which, -as we have seen, that city was held responsible, and the Lord of -Cadreyta, an ancestor of the Dukes of Alburquerque, was penanced for -giving them shelter and receiving sixty florins in payment.[669] - -[Sidenote: _PUNISHMENT OF THE ASSASSINS_] - -Although by decree both secular and ecclesiastical courts were empowered -to punish the guilty, the prosecutions seem to have been left altogether -to the Inquisition and it had the satisfaction of burning the effigies -of the fugitives. Many, however, paid the penalty in their persons. -Vidau Durango was soon caught at Lérida, when he made no difficulty in -revealing the details of the plot and the names of the accomplices. The -work of retribution followed and was continued for years. In the auto of -June 30, 1486, Juan de Pedro Sánchez was burnt in effigy; Vidau Durango -was treated mercifully, doubtless in consideration of his -communicativeness; his hands were cut off and nailed to the door of the -Diputacion, or House of Diputados, and it was not until he was dead that -he was dragged to the market-place when he was beheaded and quartered -and the fragments were suspended in the streets. The punishment of Juan -de Esperandeu was more harsh; he was dragged while living to the portal -of the cathedral when his hands were cut off; he was then dragged to the -market-place, beheaded and quartered, as in the case of Durango. On -July 28th Caspar de Santa Cruz and Martin de Santangel were burnt in -effigy and Pedro de Exea, who had contributed to the fund, was burnt -alive. On October 21st, Maria de la Badía was burnt as an accessory. On -December 15th an auto was hastily arranged; Francisco de Santa Fe, -assessor of the Governor of Aragon and son of the great Converso -Jeronimo de Santa Fe, was fatally compromised in the conspiracy; -hopeless of escape he threw himself from the battlement of the tower in -which he was confined and was dashed to pieces and the same day his -remains were burnt and his bones, enclosed in a box, were cast into the -Tagus as though it was feared that they would be venerated as those of a -martyr. Juan de la Badía eluded his tormentors in even more desperate -fashion. An auto was arranged for January 21, 1487, in which he was to -suffer; in his cell the day before he broke in pieces a glass lamp and -swallowed the fragments, which speedily brought the death he craved; the -next day his corpse was dragged and quartered and the hands were cut off -and on the same occasion there were burnt in effigy as accomplices Pedro -de Almazan the elder, Anton Pérez and Pedro de Vera. On March 15th Mateo -Ram, who superintended the murder, had his hands cut off and was then -burnt, with Joan Francés, who was suspected of complicity and the -effigies of three accomplices, Juan Ram, Alonso Sánchez and García de -Moras. August 8th, Luis de Santangel, who was one of the chief -conspirators, was beheaded in the market-place, his head was set upon a -pole and his body was burnt.[670] - -Thus the ghastly tragedy went on for years, as the ramifications of the -conspiracy were explored and all who were remotely connected with it -were traced. It was not until 1488 that Juan de la Caballería was placed -on trial, the wife of Caspar de la Caballería having testified that her -husband told her that Juan had offered him five hundred florins to kill -the inquisitor. Juan admitted having learned from Juan de Pedro Sánchez -that there was a fund for the purpose and that he had mentioned it to -Gaspar but concluded that Gaspar had not sufficient resolution for the -deed; he died in gaol in 1490 and his body was burnt in the auto of July -8, 1491, while Gaspar was penanced in that of September 8, 1492.[671] In -this latter auto Sancho de Paternoy, Maestre Racional of Aragon, was -penanced with perpetual imprisonment. His trial had been a prolonged -one; he had been repeatedly tortured and had confessed privity to the -murder and had then retracted wholly, saying that he knew nothing about -it and that he had spent the night of the assassination in the palace of -the archbishop. His guilt was not clear; he had powerful friends, -especially Gabriel Sánchez, Ferdinand's treasurer, and he was punished -on mere suspicion.[672] Any expression of satisfaction at the murder was -an offence to be dearly expiated. Among the crimes for which Pedro -Sánchez was burnt, May 2, 1489, this is enumerated and it was one of the -chief accusations brought against Brianda de Bardaxi, but, though she -admitted it under torture she retracted it afterwards; it could not be -proved against her and she was let off with a fine of a third of her -property and temporary imprisonment.[673] The assassination gave the -Inquisition ample opportunity to make a profound impression and it made -the most of its good fortune.[674] - -[Sidenote: _RAVAGES OF THE INQUISITION_] - -The Inquisition thus had overcome all resistance and Aragon lay at its -mercy. How that mercy was exercised is seen in the multitude of victims -from among the principal Converso families which were almost -extinguished by the stake or by confiscation. The names of Caballería, -Sánchez, Santangel, Ram and others occur with wearying repetition in the -lists of the autos de fe. Thus of the Santangel, who were descended from -the convert Rabbi Azarías Ginillo, Martin de Santangel escaped to France -and was burnt in effigy; Luis de Santangel, who had been knighted by -Juan II for services in the war with Catalonia, was beheaded and burnt -as we have seen. His cousin, Luis de Santangel, Ferdinand's financial -secretary, who advanced to Isabella the 16,000 or 17,000 ducats to -enable Columbus to discover the New World, was penanced July 17, 1491. -He still continued in the royal service but he must have been condemned -again for, after his death, about 1500, Ferdinand kindly made over his -confiscated property to his children, including a thousand ducats of -composition for the confiscation of Micer Tarancio. There was yet -another Luis de Santangel, who married a daughter of Juan Vidal, also a -victim of the Inquisition, and who finally fled with her to France, -after which he was burnt in effigy. Juan de Santangel was burnt in 1486. -Juan Tomás de Santangel was penanced, August 12, 1487. A brother of Juan -was the Zalmedina de Santangel who fled to France and was burnt in -effigy March 17, 1497. Gabriel de Santangel was condemned in 1495. -Gisperte and Salvador de Santangel were reconciled at Huesca in 1499. -Leonardo de Santangel was burnt at Huesca, July 8, 1489, and his mother -two days afterwards. Violante de Santangel and Simon de Santangel, with -Clara his wife, were reconciled at Huesca. Micer Miguel de Santangel of -Huesca was reconciled March 1, 1489.[675] To estimate properly this -terrible list we must bear in mind that "reconciliation" involved -confiscation and disabilities inflicted on descendants which were almost -equivalent to extinguishing a family. In 1513 Folsona, wife of Alonso de -Santangel, petitioned Ferdinand saying that her husband, Alonso de -Santangel, thirty years before, had fled from the Inquisition and his -property had been confiscated, leaving her in poverty with four young -children; she had withheld eighty libras of his effects and had spent -them; now her conscience impelled her to confess this and to sue for -pardon which the king graciously granted "with our customary clemency -and compassion." One of these four children seems to be an Augustin de -Santangel of Barbastro, son of Alonso, who as late as 1556, obtained -relief from the disabilities consequent on his father's -condemnation.[676] - -There was in Aragon no Converso house more powerful than the descendants -of Alazar Usuf and his brothers who took the name of Sánchez and -furnished many officials of rank such as treasurer, bayle, dispensero -mayor, etc. Of these, between 1486 and 1503, there were burnt, in person -or in effigy, Juan de Pedro Sánchez, Micer Alonso Sánchez, Angelina -Sánchez, Brianda Sánchez, Mossen Anton Sánchez, Micer Juan Sánchez, and, -among the Tamarit, with whom they were allied by marriage, Leonor de -Tamarit and her sister Olalía, Valentina de Tamarit and Beatríz de -Tamarit. Of the same family there were penanced Aldonza Sánchez, Anton -Sánchez, Juan de Juan Sánchez, Luis de Juan Sánchez, Juan Sánchez the -jurist, Martin Sánchez, María Sánchez and Pedro Sánchez.[677] It is -unnecessary to multiply examples of what was going on in Spain during -those dreadful years, for Aragon was exceptional only in so far as the -industrious notary, Juan de Anchías, kept and compiled the records that -should attest the indelible stain on descendants. There is something -awful in the hideous coolness with which he summarizes the lists of -victims too numerous to particularize: "The Gómez of Huesca are New -Christians and many of them have been abandoned to the secular arm and -many others have been reconciled"; "The Zaportas and Benetes of Monzon -... many of them have been condemned and abandoned to the secular -arm."[678] - - -CATALONIA. - -[Sidenote: _RESISTANCE_] - -Catalonia had of old been even more intractable than her sister kingdoms -and fully as jealous of her ancient rights and liberties. The _Capitols -de Cort_, or fueros granted in the successive Córtes, were ordered to be -systematically arranged and fairly written out in two volumes, one in -Latin and the other in Limosin; these volumes were to be kept in the -Diputacion, secured by chains but open to the public, so that every -citizen might know his rights. Whenever the king or his officials -violated them by edict or act, the Diputados--a standing committee of -the Córtes--were instructed to oppose by every lawful means the invasion -of their liberties until the obnoxious measure should be withdrawn.[679] - -Apparently forewarned as to Ferdinand's designs, Catalonia had -manifested her independence by refusing to send representatives to the -Córtes of Tarazona in January, 1484, alleging that it was illegal to -summon them beyond the boundaries of the principality.[680] The Catalans -had thus escaped assenting to the jurisdiction of Torquemada, but this -in no way hindered Ferdinand from sending, May 11th, to Juan de Medina, -his receiver of confiscations at Barcelona, a list of salaries similar -to that drawn up at the same time for Saragossa, although the names of -appointees were left in blank.[681] The citizens met this by sending him -a consulta affirming their rights and meanwhile prevented the old -inquisitors from manifesting any increase of activity. To this Ferdinand -replied from Córdova, August 4th, expressing his extreme -dissatisfaction. They need not, he assured them, be alarmed as to their -privileges and liberties, for the Inquisition will do nothing to violate -them and will use no cruelty but will treat with all clemency those who -return to the faith. Further remonstrance, he adds, will be useless for -it is his unchangeable determination that the Inquisition shall perform -its work and opposition to it will be more offensive to him than any -other disservice.[682] - -The Catalans were obdurate to both blandishments and threats. Barcelona -claimed, as a special privilege, derived directly from the Holy See, -that it had a right to an inquisitor of its own and that it could not be -subjected to an inquisitor-general. It already had its inquisitor in the -person of Juan Comte, who apparently gave the people no trouble and -served as a convenient impediment to the extension of Torquemada's -jurisdiction, especially as he held a papal commission. To meet this -obstacle Ferdinand wrote, October 12th, to his ambassador at Rome, that -the inquisitors were not doing their duty, wherefore he earnestly -requested that, at the earliest possible moment, further power be -granted to him and to Isabella and Torquemada to appoint and remove at -pleasure officials who should be full inquisitors and not merely -commissioners, as the franchises of the cities provide that they shall -not be subjected to commissioners.[683] The Catalan Conversos doubtless -understood how to counteract with the curia the king's desires, for nine -months later, July 9, 1485, Ferdinand again wrote to his _auditor -apostólico_ that the Inquisition in Aragon, Catalonia and Valencia was -much impeded by the papal commissions granted to Dominican masters of -theology and other persons, and that he must at once procure a bull -revoking all commissions to act as inquisitors, especially those of Fray -Juan Comte of Barcelona and Archdeacon Mercader of Valencia; Torquemada -must have a fresh appointment for the Aragonese kingdoms and especially -as inquisitor of Barcelona, with faculty to subdelegate his powers.[684] -It is possible that Cardinal Borgia's interest in his Vicar-general -Mercader neutralized the efforts of Ferdinand's agents, for six months -passed away without the request being granted and, in January, 1486, the -king ventured the experiment of sending two appointees of Torquemada, -the Dominicans Juan Franco and Guillen Casells, with an _Executoria pro -Inquisitoribus apud Cataloniam_, addressed to all the officials, who -were ordered under pain of five thousand gold florins to receive and -convey them safely, to aid them in their work, to arrest and imprison in -chains whomsoever they might designate and to inflict due punishment on -all whom they might abandon to the secular arm.[685] This energetic -movement was as fruitless as its predecessors and some weeks later an -order was issued to the inquisitors at Saragossa to reimburse, from the -pecuniary penances in their hands, the expenses of the cleric who had -been sent to Barcelona and also to pay fifty libras each to Esteban -Gago, sent there as alguazil and Jaime Millan as notary, in order to -provide for their support.[686] At the same time Ferdinand expressed the -hope that the Barcelonese tribunal would soon be in working order, and -in this he was not wholly disappointed. - -[Sidenote: _BARCELONA SUBMITS_] - -Innocent VIII yielded at last and, by a brief of February 6, 1486, under -pretext that they had been too zealous, he removed all inquisitors -holding papal commissions--in Aragon Juan Colivera, Juan de Epila, Juan -Franco and Guillen Casells, in Valencia Juan Orts and Mateo Mercader and -in Barcelona Juan Comte; he appointed Torquemada as special inquisitor -for Barcelona, with power of subdelegation and, apparently to prepare -for expected resistance, he authorized the Bishops of Córdova and Leon -and the Abbot of St. Emelian of Burgos to suppress all opposition, -especially on the part of Juan Comte, while he expressly set aside the -privileges of the city.[687] In spite of this formidable missive nearly -eighteen months elapsed before Barcelona was reduced to submission, and -Torquemada's final appointee, Alonso de Espina, was able to enter the -city. When at last he succeeded, July 5, 1487, we are told that the -Lieutenant-general of the Principality, the Bishops of Urgel, Tortosa -and Gerona and many gentlemen and citizens sallied forth to greet him, -but there is no mention made of the Diputados, or the local magistracy, -or the canons joining in the reception, and it was not until July 30th -that the municipal officials took the oath of obedience to him.[688] - -He probably still found obstacles in his path, for it was not until -December 14th that the first procession of penitents took place, -consisting only of twenty-one men and twenty-nine women, followed, a -week later, by another in which the participants were scourged.[689] The -smallness of these numbers, as the result of five months' work, showed -that the Edict of Grace had met an ungrateful response and the first -public auto, celebrated January 25, 1488, furnished only four living -victims and the effigies of twelve fugitives. As already remarked -elsewhere, the fear spread abroad by the advent of the Inquisition, -after so long a struggle, caused the greater part of those who had -reason for fear to seek safety in flight, in spite of the edicts -forbidding expatriation. During the whole of the year 1488 the number of -burnings amounted only to seven and in 1489 there were but three. It was -doubtless owing to the lukewarmness of the local magistracy that, in the -earlier autos, the sufferers were spared the extreme penalty of -concremation and were mercifully strangled before the pile was -lighted.[690] In fact, a royal cédula of March 15, 1488, ordering -afresh all officials to render aid and support to the Inquisition, under -penalty of two thousand florins, would seem to argue no little slackness -on their part.[691] - -The jurisdiction of the tribunal of Barcelona was extensive, -comprehending the dioceses of Barcelona, Tarragona, Vich, Gerona, -Lérida, Urgel and Elna; the inquisitors were industrious and visited -many portions of their territory, for we have record, during the -remainder of the century, of autos de fe held in Tarragona, Gerona, -Perpignan, Balaguer and Lérida, but as late as November 18, 1500, -Ferdinand complains that in Rosellon the Inquisition had not yet been -put fairly in operation and that no effort had been made to secure the -confiscations.[692] - -[Sidenote: _SUPREMACY OF THE INQUISITION_] - -The imperiousness with which the inquisitors exercised their authority -to break the independent spirit of the Catalans is well illustrated by a -trifling but significant incident in 1494. The city of Tarragona had -established a quarantine against Barcelona on account of pestilence. On -June 18th the inquisitor, Antonio de Contreras, with all his officials, -presumably fleeing from the pest, presented himself at the gates and -demanded admittance. The vicar-general of the archbishop, the canons and -the royal and local officials came to meet him and explained the -situation, asking him to remain in some convenient place in the -neighborhood for some days. His reply was to give them the delay of -three Misereres in which to open their gates under pain of major -excommunication and interdict, whereupon they left him, after -interjecting an appeal to the Holy See. He recited the Miserere thrice, -commanded his notary to knock at the gate and then fulminated his -censures, with an additional order that no notary but his own should -make record of the affair. He then withdrew to the neighboring Dominican -convent, whence he sent his excommunication to be affixed to the -town-gates. While at supper, Ciprian Corte, a scrivener, came and served -him with a notice of the appeal to Rome and was seized and confined in -the convent prison. During the night the vicar-general with a crowd of -citizens surrounded the convent in a fashion so threatening that the -scrivener was released. It was not until July 18th that the inquisitor -entered Tarragona, when he suspended the excommunication and interdict -and took testimony as to the affair, banishing a man who said that Vich -had similarly refused to break a quarantine for an inquisitor. Finally, -on September 5th all the dignitaries, ecclesiastical and secular, with -the leading citizens, were assembled in the chapel of the chapter, in -presence of the inquisitor and of Don Juan de Lanuza, the -Lieutenant-general of Catalonia. There they humbly begged for pardon and -absolution and offered to undergo any penance that he might inflict; he -made them swear obedience to him and appointed the following Sunday for -the penance, when they were all obliged to attend mass as penitents, -with lighted candles in their hands, thus incurring an indelible stigma -on themselves and their posterity.[693] - -Men who wielded their awful and irresponsible power in this arbitrary -fashion were not to be restrained by law or custom and from their -tyranny there was no appeal save to the king, who was resolved that no -one but himself should check them. He had already, by a cédula of March -26, 1488, forbidden all secular officials, from the lieutenant-general -down, from taking cognizance of anything concerning the subordinates and -familiars of the Holy Office, under penalty of the royal wrath and a -fine of two thousand florins and when, in 1505, the Diputados of -Catalonia were involved in some trifling quarrel with the inquisitors -and represented to Ferdinand that their jurisdiction was in derogation -of the constitution of the land, he sternly replied that the -jurisdiction of the faith and the execution of its sentences pertained -to the Inquisition; that this jurisdiction was supreme over all others -and that there was no fuero or law that could obstruct it.[694] This -fateful declaration became practically engrafted upon Spanish public -law. - -It was impossible that such irresponsible power should not be abused and -there speedily commenced a series of complaints from the Catalan -authorities which, as we shall see hereafter, continued with little -intermission until the revolt of 1640. At the present time, however, -Ferdinand showed a disposition to curb the abuses inevitable under the -system and, in letters of August 16th and 20th and September 3, 1502, to -the inquisitors of Barcelona, he enclosed a memorial from the Diputados -of Catalonia, accompanying it with a severe rebuke. The chief source of -complaint that the receiver of confiscations bought up claims and -prosecuted them through the irresistible machinery of the tribunal. In -a sample instance Francí Ballester made over to the receiver for 100 -libras a debt of 228 due by Juan de Trillo which was then collected -through the Inquisition. Ferdinand said that he had frequently forbidden -this practice and he ordered the inquisitors to excommunicate the -receiver if he persisted in it. The receiver then contented himself with -a smaller profit and proceeded, in the case of the confiscated estate of -a certain Mahul, to collect from it debts for a commission of ten per -cent., whereby the creditors with the weakest claims got most of the -money. Again Ferdinand prohibited this, September 9th, ordering all -funds to be paid in to the _tabla_ of Barcelona, for equitable -distribution among the creditors and all commissions to be -refunded.[695] At the same time there was no talk of the only effective -way of cutting up these practices by the roots--that of discharging the -knavish receiver. This tenderness for official malfeasance continued -throughout the career of the Inquisition and prevented any effective -reform. - - -THE BALEARIC ISLES. - -[Sidenote: _THE BALEARIC ISLES_] - -Majorca claimed to be a separate and independent kingdom, governed by -its own customs and only united dynastically with Catalonia. In 1439 it -complained that its franchises were violated by the queen-regent when -she summoned citizens to appear before her on the mainland, for they -were entitled to be tried nowhere but at home, and her husband Alfonso V -admitted the justice of this and promised its observance for the -future.[696] The frequent repetition of this privilege shows how highly -it was prized and it rendered necessary a separate tribunal for the -Balearic Isles. This had long been in operation under the old -institution and the inquisitor at this period was Fray Nicolas Merola -who was as inert as his brethren elsewhere. The records of his office -show that under him there were no relaxations; that in 1478 there were -four Judaizers reconciled; in 1480, one; in 1482, two and in 1486, one. -He was probably stimulated to greater energy by the prospect of -removal, for in 1487 the number increased to eight.[697] - -It was not until the following year, 1488, that the new Inquisition was -introduced, when Fray Merola was replaced by the doctors Pedro Pérez de -Munebrega and Sancho Martin.[698] Their Edict of Grace was so successful -that three hundred and thirty-eight persons came forward, confessed and -were reconciled, August 18, 1488, in addition to sixteen reconciled, -August 13th, after trial. Evidently the prosperous Converso population -recognized that the new institution was vastly more efficient than the -old. There must undoubtedly have been some popular effervescence, of -which the details have not reached us, for the inquisitors were removed -and replaced by a native, Fray Juan Ramon, but, if the change calmed the -agitation it did not diminish the activity of the tribunal, for the -records of the year 1489 show seven autos in which there were ten -reconciliations, forty-four relaxations in effigy, one of bones exhumed -and six in person. A momentary pause followed, for, in 1490, we find -only the reconciliation of ninety-six penitents, March 26th, under the -Edict of Grace. Then, in 1491, another Edict was published, of which, on -July 10th and 30th, a hundred and thirty-four persons availed -themselves, besides two hundred and ninety of those already reconciled -in 1488 and 1490, who had relapsed and were readmitted as a special -mercy. In addition to these the records of 1491 show numerous autos in -which there were fifty-seven reconciliations, eighteen relaxations in -effigy and eighteen in person. As elsewhere, the delay in introducing -the new Inquisition had given opportunity for flight and for some years -the chief business of the tribunal was the condemnation of fugitives. -Thus, in an auto of May 11, 1493, there were but three relaxations in -person to forty-seven in effigy and, in one of June 14, 1497, there was -no living victim, the bones of one were burnt and the effigies of -fifty-nine.[699] - -As usual these proceedings against the dead and absent were productive -of abundant confiscations and the fears of descendants were thoroughly -aroused lest some aberration of an ancestor should be discovered which -would sweep away their fortunes. This gave rise to the expedient of -compositions, of which we shall see more hereafter, as a sort of -insurance against confiscation. In the present case a letter from -Ferdinand, January 28, 1498, to the inquisitor and the receiver -announces that these people are coming forward with offers and he orders -the officials to make just and reasonable bargains with them and report -to him, when he will decide what is most to his advantage. In this and -other ways the operations of the tribunal were beginning to bring in -more than its expenses, for, February 2, 1499, there is an order given -on the receiver Matheo de Morrano to pay to the receiver of Valencia two -hundred gold ducats to cancel some debts that were pressing on the royal -conscience, followed soon after by other orders to pay four hundred and -fifty ducats to the royal treasury and fifty florins to the nunnery of -Santa Clara of Calatayud. The confiscating zeal of the officials was -stimulated, February 21, 1498, by an allowance to Morrano of three -thousand sueldos, in addition to his salary, in reward of his eminent -services and another, March 2d, of a hundred libras mallorquines to the -notary Pere Prest. It was not always easy to trace the property which -the unfortunates naturally sought to conceal and a liberal offer of -fifty per cent. was made to informers who should reveal or discover -it.[700] - -[Sidenote: _DISCONTENT_] - -It was as difficult to reconcile the Mallorquins as the Catalans to the -new Inquisition. In 1517 the Suprema was obliged to order the viceroy -not to maltreat the officials or obstruct them in the performance of -their duty, and at the same time, the inquisitors were instructed to -proceed against him if he did not cease to trouble them. Apparently he -did not heed the warning for, in 1518, the inquisitor was formally -commanded to prosecute him. What followed we have no means of knowing, -but apparently the viceroy had full popular sympathy, for soon -afterwards there was a rising, led by the Bishop of Elna, whose parents -had been condemned by the tribunal. The inquisitor fled and the populace -was about to burn the building and the records, when the firmness of the -Bishop of Majorca, at the risk of his life, suppressed the tumult. It -was probably this disturbance that called forth, in 1520, an adjuration -from the Suprema to the viceroy and the ecclesiastical and secular -authorities, not to permit the ill-treatment of the inquisitor and other -officials. It was impossible, however, to preserve the peace and, in -1530, we find the viceroy, his assessor and officials, under -excommunication as the result of a _competencia_ or conflict of -jurisdiction. Even more significant was the imprisonment and trial, in -1534, of the regent or president of the royal high court of justice, -resulting in the imposition, in 1537, of a fine so excessive that the -Suprema ordered its reduction.[701] This was but the beginning and we -shall see hereafter how perpetual were the embroilments of the tribunal -with both the civil and the ecclesiastical authorities. - - * * * * * - -With more or less resistance the new Inquisition was thus imposed on the -various provinces subject to the crown of Aragon. The pretence put -forward to secure its introduction, that it in no way violated the -fueros and liberties of the land, was soon dropped and, as we have seen, -it was boldly pronounced to be superior to all law. For awhile this was -submitted to in silence, but the ever-encroaching arrogance of the -officials, their extension of their jurisdiction over matters -unconnected with the faith and their abuse of their irresponsible -prerogatives aroused opposition which at length found opportunity for -expression. In 1510 the representatives of Aragon, Catalonia and -Valencia were, for the first time, assembled together in the Córtes of -Monzon. They came with effusive enthusiasm, stimulated by the conquest -of Oran and Algiers and the desire to retrieve the disaster of Gerbes -and they voted for Ferdinand the unprecedented _servicio_ or tax-levy of -five hundred thousand libras, obtaining in return the abolition of the -Santa Hermandad.[702] Yet even this enthusiasm did not prevent murmurs -of discontent, and complaints were made that the Inquisition assumed -jurisdiction over cases of usury, blasphemy, bigamy, necromancy and the -like and that the privileges and exemptions enjoyed by the officials led -to their unnecessary multiplication, rendering the tribunals oppressive -to those who bore the burdens of the state. Ferdinand eluded reform by -promising it for the future and the Córtes were dissolved without -positive action.[703] When they next met at Monzon, in 1512, they were -in a less confiding mood and it is probable that popular agitation must -have assumed a threatening aspect, sufficient to compel Ferdinand to -yield to their demands. An elaborate series of articles was drawn up, or -rather two, one for Aragon and the other for Catalonia, nearly identical -in character, which received the royal assent. It is significant that, -with the exception of a clause as to appeals, these articles do not -concern themselves with the prosecution of heresy but are confined to -the excesses with which the tribunals and their underlings afflicted the -faithful. - -[Sidenote: _THE CONCORDIA OF MONZON_] - -The reform demanded by Catalonia embraced thirty-four articles, a few of -which may serve to suggest the abuses that had grown so rankly. An -especial grievance was the multiplication of officials--not only those -engaged in the work of the tribunal but the unsalaried familiars -scattered everywhere and the servants and slaves of all concerned, who -all claimed the _fuero_, or jurisdiction of the Inquisition, with -numerous privileges and exemptions that rendered them a most undesirable -element in society. It was demanded that the number of familiars in -Catalonia should be reduced to thirty-four, whose names should be made -known; that under the guise of servants should be included only those -actually resident with their masters or employers; that no one guilty of -a grave offence should be appointed to office; that the privilege of -carrying arms should be restricted to those who bore commissions, in -default of which they could be disarmed like other citizens; that the -claim to exemption from local taxes and imposts be abandoned; that -officials caught _flagrante delicto_ in crime should be subject to -arrest by secular officials without subjecting the latter to -prosecution; that civil suits should be tried by the court of the -defendant; that the common clause in contracts by which one party -subjected himself to whatever court the other might name should be held -not to include the Inquisition; that the rule forbidding officials to -engage in trade should be enforced; that officials buying claims or -property in litigation should not transfer the cases to the Inquisition, -nor use it to collect their rents; that inquisitors should not issue -safe-conducts except to witnesses coming to testify; that in cases of -confiscation, when the convict had been reputed a good Christian, -parties who had bought property from him, had paid their debts to him or -had redeemed rent-charges, should not lose the property or be obliged to -pay the debts a second time; that the dowry of a Catholic wife should -not be confiscated because her father or husband should be subsequently -convicted of heresy; that possession for thirty years by a good Catholic -should bar confiscation of property formerly owned by those now -convicted of heresy and that the inquisitors should not elude this -prescription of time by deducting periods of war, of minority, of -ignorance of the fisc and other similar devices; that the inquisitors -should withdraw their decree prohibiting all dealings with Conversos, -which was not only a serious restraint of trade but involved much danger -to individuals acting through ignorance. As regards the extension of -jurisdiction over subjects unconnected with heresy, the Inquisition was -not in future to take cognizance of usury, bigamy, blasphemy, and -sorcery except in cases inferring erroneous belief. Remaining under -excommunication for a year involved suspicion of heresy and the Edict of -Faith required the denunciation of all such cases to the Inquisition, -but as there were innumerable decrees of _ipso facto_ excommunications -and others which were privately issued, it was impossible to know who -was or was not under the ban, wherefore the tribunal was not to take -action except in cases where the censure had been publicly announced. -The extent to which the inquisitors had carried their arbitrary -assumption of authority is indicated by an article forbidding them in -the future from interfering with the Diputados of Catalonia or their -officials in matters pertaining to their functions and the rights of the -State and in the imposts of the cities, towns, and villages. The only -reform proposed as to procedure is an article providing that appeals may -lie from the local tribunal to the inquisitor-general and Suprema, with -suspension of sentences until they are heard. But there is a hideous -suggestiveness in the provision that, when perjured testimony has led to -the execution of an innocent man, the inquisitors shall do justice and -shall not prevent the king from punishing the false witnesses. - -The independence of the Inquisition, as an _imperium in imperío_, is -exhibited in the fact that its acceptance was deemed necessary to each -individual article, an acceptance expressed by the subscription to each -of _Plau a su Reverendissima senyoria_, the _senyoria_ being that of -Inquisitor-general Enguera. To confirm this he and the inquisitors were -required to swear in a manner exhibiting the profound distrust -entertained of them. The oath was to observe each and every article; it -was to be taken as a public act before a notary of the Inquisition, who -was to attest it officially and deliver it to the president of the -Córtes, and authentic copies were to be supplied at the price of five -sueldos to all demanding them. All future inquisitors, whether general -or local, were to take the same oath on assuming office and all this -was repeated in various formulas so as to leave no loop-hole for -equivocation. Ferdinand also took an oath promising to obtain from the -pope orders that all inquisitors, present and future should observe the -articles and also that, whenever requested by the Córtes, the Diputados -or the councillors of Barcelona, he would issue the necessary letters -and provisions for their enforcement.[704] This was the first of the -agreements which became known as _Concordias_--adjustments between the -popular demands and the claims of the Holy Office. We shall have -frequent occasion to hear of them in the future, for they were often -broken and renewed and fresh sources of quarrel were never lacking. The -present one was not granted without a binding consideration, for the -tribunal of Barcelona was granted six hundred libras a year, secured -upon the public revenues.[705] - -[Sidenote: _MERCADER'S INSTRUCTIONS_] - -If the Catalans distrusted the good faith of king and inquisitor-general -they were not without justification, for the elaborate apparatus of -oaths proved a flimsy restraint on those who would endure no limitation -on their arbitrary and irresponsible authority. At first Ferdinand -manifested a desire to uphold the Concordia and to restrain the -inquisitors who commenced at once to violate it. The city of Perpignan -complained that the prescription of time was disregarded and that the -duplicate payment of old debts was demanded, whereupon Ferdinand wrote, -October 24, 1512, sharply ordering the strict observance of the terms -agreed upon and the revocation of any acts contravening them.[706] -Before long however his policy changed and he sought relief. For -potentates who desired to commit a deliberate breach of faith there was -always the resource of the authority of the Holy See which, among its -miscellaneous attributes, had long assumed that of releasing from -inconvenient engagements those who could command its favor, and -Ferdinand's power in Italy was too great to permit of the refusal of so -trifling a request. Accordingly on April 30, 1513, Leo X issued a _motu -proprio_ dispensing Ferdinand and Bishop Enguera from their oaths to -observe the Concordia of Monzon.[707] - -The popular demands, however, had been too emphatically asserted to be -altogether ignored and an attempt was made to satisfy them by a series -of instructions drawn up, under date of August 28, 1514, by Bishop Luis -Mercader of Tortosa, who had succeeded Enguera as inquisitor-general. -These comprised many of the reforms in the Concordia, modified somewhat -to suit inquisitorial views, as, for instance, the number of armed -familiars permitted for Barcelona was twenty-five, with ten each for -other cities. From Valladolid, September 10th, Ferdinand despatched -these instructions by Fernando de Montemayor, Archdeacon of Almazan, who -was going to Barcelona as visitor or inspector of the tribunal. It was -not until December 11th that they were read in Barcelona in presence of -the inquisitors and of representatives of Catalonia. The latter demanded -time for their consideration and a copy was given to them. Another -meeting was held, January 10, 1515, and a third on January 25th, in -which the instructions were published and the inquisitors promised to -obey them. There is no record that the Catalans accepted them as a -fulfilment of the Concordia and, if they were asked to do so, it was -merely as a matter of policy. In a letter of January 4th to the -archdeacon, Ferdinand assumes that the assent of the Catalans was a -matter of indifference; the instructions were to be published without -further parley and no reference to Rome was requisite as the privileges -of the Inquisition were not curtailed by them.[708] - -Subsequent Córtes were held at Monzon and Lérida, where the popular -dissatisfaction found expression in further complaints and demands, -leading to some concessions on the part of Ferdinand. The temper of the -people was rising and manifested itself in occasional assaults, -sometimes fatal, on inquisitorial officials, to facilitate the -punishment of which Leo X, by a brief of January 28, 1515, authorized -inquisitors to try such delinquents and hand them over to the secular -arm for execution, without incurring the "irregularity" consequent on -judgements of blood.[709] Ferdinand was too shrewd to provoke his -subjects too far; he recognized that the overbearing arrogance of the -inquisitors and their illegal extension of their authority gave great -offence, even to the well-affected, and he was ready to curb their -petulance. A case occurring in May, 1515, shows how justifiable were the -popular complaints and gave him opportunity to administer a severe -rebuke. It was the law in Aragon that, when the Diputados appointed any -one as lieutenant to the Justicia, if he refused to serve they were to -remove his name from the lists of those eligible to public office. A -certain Micer Manuel, so appointed, refused to serve and to escape the -penalty procured from the inquisitors of Saragossa letters prohibiting, -under pain of excommunication, the Diputados from striking off his name. -This arbitrary interference with public affairs gave great offence and -Ferdinand sharply told the inquisitors not to meddle with matters that -in no way concerned their office; the Diputados were under oath to -execute the law and the letters must be at once revoked.[710] Finally he -recognized that the demands of the Córtes of Monzon had been justified -and that he had done wrong in violating the Concordia of 1512. One of -his latest acts was a cédula of December 24, 1515, announcing to the -inquisitors that he had applied to the Holy See for confirmation of the -agreements made and sworn to in the Córtes of Monzon and Lérida; there -was no doubt that this would speedily be granted, wherefore he straitly -commanded, under pain of forfeiture of office, that the articles must -not be violated in any manner, direct or indirect, but must be observed -to the letter; the inquisitor-general had agreed to this and would swear -to comply with the bull when it should come.[711] - -[Sidenote: _FURTHER DEMANDS_] - -Ferdinand died January 23, 1516, followed in June by Inquisitor-general -Mercader. Leo X probably waited to learn whether the new monarch Charles -desired to continue the policy of his grandfather. It is true that he -had dispensed Ferdinand and Enguera from their oaths in view of the -great offence to God and danger to conscience involved in the observance -of the Concordia, but a word from the monarch was sufficient to overcome -his scruples. What Ferdinand had felt it necessary to concede could not -be withheld when, in the youth and absence of Charles, his -representatives could scarce repress the turbulent elements of civil -discord. Accordingly Leo confirmed all the articles of both the Catalan -and Aragonese Concordias by the bull _Pastoralis officii_, August 1, -1516, in which he declared that the officials of the Inquisition -frequently transgressed the bounds of reason and propriety in their -abuse of their privileges, immunities and exemptions and that their -overgrown numbers reduced almost to nullity the jurisdiction of the -ordinary ecclesiastical and secular courts. This action, he says, is -taken at the especial prayer of King Charles and Queen Juana and all -inquisitors and officials contravening its prescriptions, if they do -not, within three days after summons, revoke their unlawful acts, are -subject to excommunication _latæ sententiæ_, deprivation of office and -perpetual disability for re-employment, _ipso facto_. Moreover the -Archbishops of Saragossa and Tarragona were authorized and required, -whenever called upon by the authorities, to compel the observance of the -bull by ecclesiastical censures and other remedies without appeal, -invoking if necessary the secular arm.[712] - -Thus, after four years of struggle, the Concordias of 1512 were -confirmed in the most absolute manner and the relations between the -Inquisition and the people appeared to be permanently settled. The -inquisitors however, as usual, refused to be bound by any limitations. -They claimed, and acted on the claim, that the papal bull of -confirmation was surreptitious and not entitled to obedience and that -both the Concordias and the Instructions of Bishop Mercader were invalid -as being restrictions impeding the jurisdiction of the Holy Office.[713] -On the other hand the people grew more restive and increased their -demands for relief. The occasion presented itself when Charles came to -Spain to assume possession of his mother's dominions. At Córtes held in -Saragossa, May, 1518, he received the allegiance of Aragon and swore to -observe the fueros of the Córtes of Saragossa, Tarazona and Monzon. -Money was soon wanted to supply the reckless liberality with which he -filled the pouches of his greedy Flemings, and towards the end of the -year he summoned another assembly to grant him a _subsidio_. It agreed -to raise 200,000 libras but coupled this with a series of thirty-one -articles, much more advanced than anything hitherto demanded in -Aragon--in fact copied with little change from those agreed to in -Castile by Jean le Sauvage and abandoned in consequence of his -death--articles which revolutionized inquisitorial procedure and -assimilated it to that of the secular criminal courts. Charles, in these -matters was now wholly under the influence of his former tutor and -present inquisitor-general Cardinal Adrian. He wanted the money, -however, and he gave an equivocal consent to the articles; it was, he -said, his will that in each and all the holy canons should be observed, -with the decrees of the Holy See and without attempting anything to the -contrary. If doubts arose the pope should be asked to decide them; if -any one desired to accuse inquisitors or officials, he could do so -before the inquisitor-general, who would call in counsellors and -administer justice, or, if the crime appertained to the secular courts, -he would see that justice was speedy. This declaration, with the -interpretation to be put on each and every article by the pope, he -promised under oath to observe and enforce and he further swore not to -seek dispensation from this oath or to avail himself of it if -obtained.[714] The people were amply justified in distrusting their -rulers, for Charles subsequently instructed the Count of Cifuentes, his -ambassador at Rome, to procure the revocation of the articles and a -dispensation from his oath to observe them.[715] - -Charles had thus shuffled off from his shoulders to those of the pope -the responsibility for this grave alteration in inquisitorial procedure -which, by forcing the Holy Office to administer open justice, would have -diminished so greatly its powers of evil. The question was thus -transferred to Rome and the Córtes lost no time in seeking to obtain -from Leo X the confirmation of the articles. A letter requesting this -was procured from Charles and was forwarded to Rome with a copy of the -articles and of Charles's oath, officially authenticated by Juan Prat, -the notary of the Córtes. The papers were sent to Rome by a certain -Diego de las Casas, a Converso of Seville who, as his subsequent history -shows, must have been amply provided with the funds necessary to secure -a favorable hearing. - -[Sidenote: _STRUGGLE IN SARAGOSSA_] - -The situation was one which called for active measures on the part of -the Inquisition. The Córtes dissolved January 17, 1519, and a letter of -the 22d, from the Suprema to the Inquisitor of Calatayud, shows that -already steps had been taken to prosecute all who had endeavored to -influence them against the Inquisition or who had made complaints to -Charles or Adrian.[716] A more effective and bolder scheme was to accuse -Juan Prat of having falsified the series of articles sent to Rome. -Charles had appointed a commission, consisting of the Archbishop of -Saragossa, Cardinal Adrian and Chancellor Gattinara, to consider all -matters connected with the Inquisition; to them Prat had submitted the -articles which they returned to him with a declaration, which must have -been an approval as its character was studiously suppressed in the -subsequent proceedings. Notwithstanding this the Saragossa inquisitors, -Pedro Arbués and Toribio Saldaña promptly reported to Charles, who had -left Saragossa for Barcelona, that Prat had falsified the articles and -Charles, from Igualada, February 4th, replied ordering them to obey the -instructions of Cardinal Adrian and collect evidence as to the -falsifications which they claimed to have discovered. They postponed -action, however, for some weeks until the archbishop had left the city -and did not arrest Prat until March 16th. Their investigation revealed -some trivial irregularities but nothing to invalidate the accuracy of -the articles transmitted to Rome, yet on the 18th they communicated to -the Suprema the results of their labors as though the whole record was -vitiated and Prat had been guilty of falsification. A way thus was -opened to escape from the engagements entered into with the Córtes. A -series of articles was drawn up, signed by Gattinara, which was sent to -Rome as the genuine one and urgent letters were despatched, April 30th, -to all the Roman agents, the pope and four of the cardinals in the -Spanish interest, stating that the official copy was falsified, the -genuine one was that bearing Gattinara's name, the honor of God was -involved and the safety of the Catholic faith and no effort was to be -spared to secure the papal confirmation of the right articles. - -To justify this it was necessary that Prat should be convicted and -punished. Apparently fearing that this could not be accomplished in -Saragossa, Cardinal Adrian ordered the inquisitors to send him to -Barcelona for trial, in ignorance that this was in violation of one of -the dearest of the Aragonese privileges forbidding the deportation of -any citizen against his will. This aroused a storm and the leading -officials of Church and State interposed so effectually with the -inquisitors that Prat was allowed to remain in the secret prison of the -Aljafería. The quarrel was now assuming serious proportions; not only -was the kingdom aflame with this attempted violation of its privileges -but it was universally believed that Charles had granted all the demands -of the Córtes in return for the servicio and his interference with the -papal confirmation was bitterly resented. The Diputados summoned the -inquisitors to obey the Concordia of 1512, as confirmed by the bull of -August 1, 1516, while awaiting confirmation of the new Concordia and at -the same time they called the barons and magnates of the realm to a -conference at Fuentes, whence, on May 9th, they sent to Charles a -remonstrance more emphatic than respectful, with an intimation that the -servicio would not be collected until Prat should be released, the -pretext being that the papers relating to it were in his office. - -To this Charles responded loftily, May 17th, that for no personal -interest would he neglect his soul and conscience nor, to preserve his -kingdom, would he allow anything against the honor of God and to the -detriment of the Holy Office. Under threat of excommunication and other -severe penalties he ordered the Diputados not to convoke the Estates of -the realm or to send envoys to him; he would comply with the Concordia -and had already asked its confirmation of the pope--the fact being that -he had on May 7th written to Rome--and this he repeated May 29th--to -impede the confirmation of the official Concordia and to urge that of -his own version. There was a rumor that the Estates on May 14th had -resolved to take Prat from the Aljafería by force and to meet this, on -May 17th, he sent the Comendador García de Loaisa to Saragossa with -instructions to arm the Cofradia of San Pedro Martir--an association -connected with the Inquisition--to raise the people and to meet force -with force. The authorities were to be bullied and told that the king -would assert his sovereign authority and that nothing should prevent the -extradition of Prat. In the hands of his ghostly advisers he was -prepared to risk civil war in defence of the abuses of the Inquisition. -There was fear that the inquisitors might be intimidated into releasing -Prat and Cardinal Adrian took the unprecedented step of writing directly -to the gaoler of the Aljafería instructing him to disobey any such -orders. - -[Sidenote: _STRUGGLE IN SARAGOSSA_] - -In spite of this assertion of absolutism, Charles's orders were treated -with contempt. The Córtes met at Azuaga, refused to obey his angry -commands to disperse and sent to him Don Sancho de la Caballería with -the unpleasant message that the servicio would be withheld until he -should grant justice to the kingdom. His finances, in the hands of his -Flemish favorites, were in complete disorder. The Emperor Maximilian had -died January 22d and the contest for the succession, against the gold of -Francis I, was expensive. Moreover, in expectation of the servicio, -Chièvres had obtained advances at usurious interest so that the expected -funds were already nearly exhausted and, as soon as the electoral -struggle ended in Charles's nomination, June 28th, there came fresh -demands for funds to prepare for his voyage to assume his new dignity. -Chièvres therefore eagerly sought for some compromise to relieve the -dead-lock, but the Aragonese on the one hand and Cardinal Adrian on the -other were intractable. The high-handed arrest of Prat had fatally -complicated the situation. - -Charles yielded in so far as to order that Prat should not be removed -from the kingdom and several tentative propositions were made as to the -trial of Prat which only show how little he and his advisers realized -the true condition of affairs. With wonted Aragonese tenacity the -Diputados adhered to the position that the accuracy of the record should -not be called in question and that the only point to be determined was -whether the Inquisition rightfully had any jurisdiction in the matter. -At the same time, to show that they were not seeking to elude payment of -the servicio they agreed on September 7th to levy it, at the same time -begging Charles to release Prat. - -They were probably led to make this concession by a victory which they -had gained in Rome. Both sides had been vigorously at work there, but -the Aragonese had the advantage that Leo X at the moment was incensed -against the Spanish Inquisition because of the insolent insubordination -of the Toledo tribunal in the case of Bernardino Díaz, of which more -hereafter. His own experience showed him of what it was capable and the -request of the Córtes for the confirmation of the Concordia was to a -great extent granted by three briefs, received August 1st, addressed -respectively to the king, to Cardinal Adrian and to the inquisitors of -Saragossa, reducing the Inquisition to the rules of the common law. -Charles did not allow the briefs to be published and, when the Diputados -presented to the inquisitors the one addressed to them, they refused to -obey it without instructions from Adrian, whereupon, on August 8th, the -Diputados applied to Rome for some further remedy. - -Although the briefs were thus dormant they became the central point of -the contest. On September 24th, Charles despatched to Rome Lope Hurtado -de Mendoza as a special envoy with long and detailed instructions. He -had been advised, he said that the pope intended to issue a bull -revoking all inquisitorial commissions, save that of Cardinal Adrian; -that in future the bishops with their chapters in each see were to -nominate two persons of whom the inquisitor-general was to select the -fittest and present him to the pope for confirmation; the acts of these -inquisitors were to be judicially investigated every two years, and -their procedure was to conform to the common law and to the canons. The -elaborate arguments which Charles urged against each feature of this -revolutionary plan show that it was not a figment but was seriously -proposed with likelihood of its adoption. Moreover he said that -influences were at work to secure the removal of the _sanbenitos_ of -convicts from the churches, against which he earnestly protested; -Ferdinand had refused three hundred thousand ducats offered to him to -procure this concession. In conclusion Charles declared that no -importunity should shake his determination to make no change in the -Inquisition and he significantly expressed his desire to preserve the -friendship of his Holiness. - -What secret influences were at work to effect a complete reversal of -papal policy it would be vain to guess, but Mendoza had scarce time to -reach Rome when he procured a brief of October 12th, addressed to -Cardinal Adrian. In this Sadoleto's choicest Latinity was employed to -cover up the humiliation of conscious wrong-doing, in its effort to -shift the responsibility to the shoulders of others. Charles's letters -and Mendoza's message had enlightened him as to the intentions of the -king with regard to the preservation of the faith and the reform of the -Inquisition. He promised that he would change nothing and would publish -nothing without the assent of the king and the information of the -inquisitor-general, but he dwelt on the complaints that reached him from -all quarters of the avarice and iniquity of the inquisitors; he warned -Adrian that the infamy of the wickedness of his sub-delegates redounded -to the dishonor of the nation and affected both him and the king; he was -responsible and must seek to preserve his own honor and that of the king -by seeing that they desist from the insolence with which they -disregarded the papal mandates and rebelled against the Holy See. - -[Sidenote: _STRUGGLE IN SARAGOSSA_] - -While thus the three briefs were not revoked they were practically -annulled. The indignation of the Aragonese at finding themselves thus -juggled was warm and found expression, January 30, 1520, in -discontinuing the collection of the servicio. Charles was now at Coruña, -preparing for his voyage to Flanders and thither, on February 3d, the -Diputados sent Azor Zapata and Iñigo de Mendoza to procure the -liberation of Prat and to urge Charles to obtain the confirmation of the -Concordia. To liberate Prat without a trial was tacitly to admit the -correctness of his record, yet, on April 21st, Cardinal Adrian issued an -order for the fiscal to discontinue the prosecution and for the -inquisitors to "relax" Prat. This order was presented May 1st to the -inquisitors, but the word "relaxation" was that used in the delivery of -convicts to the secular arm for burning; Prat stoutly refused to accept -it and remained in prison. - -Charles embarked May 21st and the rest of the year 1520 was spent in -endeavors by each side to obtain the confirmation of their respective -formulas of the Concordia and in fruitless attempts by Charles to have -the three briefs revoked. Though unpublished and virtually annulled they -were the source of great anxiety to the Inquisition. The correspondence -between Charles and his Roman agents shows perpetual insistance on his -part and perpetual promises and evasions by the pope, sometimes on the -flimsiest pretexts for postponement, the secret of which is probably to -be found in a report by Juan Manuel, the Spanish ambassador, on October -12th, that the pope was promised 46,000 or 47,000 ducats if he could -induce the king to let the briefs stand. Thus it went on throughout the -year and, when Leo died, December 1, 1521, the briefs were still -unrevoked. - -A year earlier, however, December 1, 1520, he had confirmed the -Concordia, in a bull so carefully drawn as not to commit the Holy See to -either of the contesting versions. It was limited to the promises -embraced in Charles's oath and, as regards the articles, it merely said -that the canons and ordinances and papal decrees should be inviolably -observed, under pain of _ipso facto_ excommunication, dismissal from -office and disability for re-appointment. Either side was consequently -at liberty to put what construction it pleased on the papal utterance. - -Charles meanwhile had been growing more and more impatient for the -servicio so long withheld; he had written to Adrian and also to the -inquisitors, ordering that the Concordia of Monzon (1512) and that of -Saragossa, according to his version, should be strictly obeyed, so that -the abuses thus sought to be corrected should cease and the people -should pay the impost. The inquisitors dallied and seem to have asked -him what articles he referred to for he replied, September 17th, -explaining that they were those of Monzon and Saragossa, the latter as -expressed in the paper signed by Adrian and Gattinara. When, therefore, -he received the papal confirmation of December 1st he lost no time in -writing, December 18th, to Adrian and the inquisitors announcing it and -ordering the articles to be rigidly observed without gloss or -interpretation, so that the abuses and disorders prohibited in them may -cease, but he was careful to describe the articles as those agreed upon -at Monzon and lately confirmed at Saragossa in the form adopted by -Adrian and Gattinara. - -The Aragonese, on the other hand, adhered to their version. The bull of -confirmation seems to have reached Saragossa through Flanders, -accompanied by a letter from Charles and it was not until January 15, -1521, that the Diputados wrote to Adrian enclosing the royal letter and -a copy of the bull. In obeying it, he conceded the Aragonese version of -the Concordia, though with a bad grace. From Tordesillas, January 28th, -he wrote to the Diputados and the inquisitors that the bull must be -obeyed although it might properly be considered surreptitious, as it -asserted that Charles had sworn to the fictitious articles inserted by -Juan Prat, for which the latter deserved the severest punishment. In -spite of this burst of petulance, however, he practically admitted -Prat's innocence by ordering his liberation and, on February 13, 1521, -the order was carried in triumph by the governor, the Diputados and a -concourse of nobles and citizens to the Aljafería and solemnly presented -to the inquisitors, who asked for copies and, with these in their hands, -said that they would do their duty without swerving from justice and -reason. So well satisfied were the Aragonese that to show their -gratitude they had already, on January 18th, ordered the cities and -towns to pay all current imposts as well as the suspended subsidio -within thirty-five days. It may be added that finally Cardinal Adrian -recognized the innocence of Prat in the most formal manner, in a letter -of April 20th to the inquisitors, imposing silence on the fiscal and -ordering the discharge of Prat and his securities.[717] - -[Sidenote: _STRUGGLE IN BARCELONA_] - -Triumph and gratitude were alike misplaced. Cardinal Adrian had followed -his letter of January 28th with another of the 30th to the inquisitors, -instructing them that the papal confirmation must be construed in -accordance with the sacred canons and the decrees of the Holy See, so -that they could continue to administer justice duly and he encouraged -them with an _ayuda de costa_ or gratuity.[718] They went on -imperturbably with their work; not only was the Concordia of Saragossa -never observed but that of Monzon was treated as non-existent and we -shall see hereafter that, towards the close of the century, the -Inquisition coolly asserted that the latter had been invalidated when -Leo X released Ferdinand from his oath to observe it and that the former -had never been confirmed and that there was no trace of either having -ever been observed. The Inquisition, in fact, was invulnerable and -impenetrable. It made its own laws and there was no power in the land, -save that of the crown, that could force it to keep its engagements. - - * * * * * - -Meanwhile the obstinacy of the Catalans, which detained the impatient -Charles in Barcelona throughout the year 1519, secured, nominally at -least, the formal confirmation by both Charles and Adrian, of the Monzon -Concordia of 1512 with additions. One of these provided that any one who -entered the service of the Holy Office while liable to a civil or -criminal action, should still be held to answer before his former judge, -and that criminal offences, unconnected with the faith, committed by -officials should be exclusively justiciable in the civil courts. This -struck at the root of one of the most serious abuses--the immunity with -which the Inquisition shielded its criminals--and scarcely less -important to all who had dealings with New Christians was another -article providing that property acquired in good faith, from one reputed -to be a Christian, should be exempt from confiscation in case the -seller should subsequently be convicted, even though the thirty years' -prescription should still exist.[719] - -The agreement was reached January 11, 1520, but experience of the -faithlessness of the Inquisition had made the Catalans wary. They were -about to grant a servicio to Charles and they sought a guarantee by -addressing to him a supplication that he should make Cardinal Adrian -swear to the observance of the Concordia of 1512 and the new articles -and that he should procure within four months from the pope a bull of -confirmation, in which the Bishops of Lérida and Barcelona should be -appointed conservators, with full power to enforce the agreement. They -offered to pay two hundred ducats towards the cost of the bull and they -demanded that they should retain twenty thousand libras of the servicio -until the bull should be delivered to the Diputados. The same condition -was attached to a liberal donation of twelve thousand libras which they -made to the Inquisition--probably a part of the bargain. Meanwhile -Charles was to give orders that the inquisitors should be bound by the -articles and, in case of infraction, satisfaction for such violations -should be deducted from the twenty thousand libras. In due time, August -25th, Leo X executed a formal bull of confirmation of the articles of -1512 and 1520 and appointed the Bishops of Lérida and Barcelona as -conservators.[720] - -[Sidenote: _ABUSES CONTINUE_] - -What was the value of the Concordia thus solemnly agreed to and -liberally paid for, with its papal confirmation and conservators, was -speedily seen when, in 1523, the authorities of Perpignan became -involved in a quarrel with Inquisitor Juan Naverdu over the case of the -wife of Juan Noguer. They complained of an infraction of the Concordia -and applied to the Bishop of Lérida for its enforcement. He appointed -Miguel Roig, a canon of Elna, as the executor of his decision, who -issued letters ordering the inquisitor and his secretary to observe the -Concordia, under pain of excommunication, and to drop the cases which -they were prosecuting. Appeal was also made to Rome and letters were -obtained from Clement VII. Charles, however, intervened and obtained -another brief, January 6, 1524, annulling the previous one and -transferring the matter to Inquisitor-general Manrique. The result was -that nearly all the magistrates of Perpignan--the consuls and jurados -with their lawyers and Miguel Roig--were obliged to swear obedience in -all things to the Inquisition, were exposed to the irredeemable disgrace -of appearing as penitents at the mass and were subjected to fines from -which the Holy Office gathered in the comfortable sum of 1115 -ducats.[721] The motto of the Inquisition was _noli me tangere_ and it -administered a sharp lesson to all who might venture, even under papal -authority, to make it conform to its agreements. - -It was in vain that the sturdy subjects of the crown of Aragon struggled -and gained concessions, paid for them and fenced them around with all -the precautions held sacred by public law. The inquisitors felt -themselves to be above the law and all the old abuses continued to -flourish as rankly as ever. About this time the Córtes of the three -kingdoms, by command of Charles, addressed to Inquisitor-general -Manrique a series of sixteen grievances, repeating the old -complaints--the extension of jurisdiction over usury, blasphemy, bigamy -and sodomy; the acceptance by the inquisitors of commissions to act as -conservators in secular and ecclesiastical cases and profane matters; -their arresting people for private quarrels and on trivial charges and -insufficient evidence, leaving on them and their descendants an -ineffaceable stain, even though they were discharged without penance; -their multiplication of familiars and concealing their names, appointing -criminals and protecting them in their crimes and finally their -overbearing and insulting attitude in general. In answer to this the -inquisitor-general contented himself with asserting that the laws were -obeyed and asking for specific instances of infraction and the names of -the parties--secure that no one would dare to come forward and expose -himself to the vengeance of the tribunal.[722] Again, in 1528 at the -Córtes of Monzon, we find a repetition of grievances--the abuse of -confiscations, the cognizance of usury and other matters disconnected -with heresy and general inobservance of the articles agreed upon. To the -petition that he remedy these and procure from the inquisitor-general -an order to his subordinates to conform themselves to the Concordias, -Charles returned the equivocating answer "His majesty will see that the -inquisitor-general orders the observance of that which should be -observed, removing abuses if there are any."[723] - -The imperial attitude was not such as to discourage the audacity of the -inquisitors and, at the Córtes of Monzon in September, 1533, the -deputies of Aragon presented to Inquisitor-general Manrique, who was -present, two series of grievances. One of these he promptly answered by -characterizing some of the demands as impertinent, scandalous, and -illegal, and others as not worthy of reply. The other series was -referred to Charles and was not answered until December. It commenced by -asking that the Concordia confirmed by Leo X, in 1516, should be -observed, to which the reply was that such action should be taken as -would comport with the service of God and proper exercise of the -Inquisition. The request that the inquisitors confine themselves to -matters of faith was met with the assertion that they did so, except -when under orders from their superiors. To the demand that the dowries -of Catholic wives should not be confiscated, the dry response was that -the laws should be observed. In this cavalier spirit the rest of the -petition was disposed of, and the whole shows how completely the Holy -Office was emancipated from any subjection to the laws which had cost -such struggles to obtain and which had been paid for so largely.[724] - -[Sidenote: _ABUSES CONTINUE_] - -While Manrique and the Suprema were at Monzon, they were called upon to -take action with regard to troubles at Barcelona between the inquisitor, -Fernando de Loazes and the magistrates and Diputados. These had been on -foot for some time. A letter of Charles from Bologna, February 25, 1533, -to Loazes assures him of his sympathy and support and, in September, the -Suprema at Monzon resolved to send a judge thither to prosecute and -punish the offenders for their enormous delinquencies.[725] What were -the merits of the quarrel do not appear, but it was doubtless provoked -by the overbearing arrogance of Loazes for, at the Córtes of Monzon, the -Catalans represented to Charles that the pretensions of the inquisitor -impeded the course of justice in matters involving the _regalías_ or -prerogatives of the crown, and asked to have him prosecuted by the -Bishop of Barcelona. Charles thereupon addressed to Loazes a letter -January 16, 1534, forbidding him in future to interfere with the royal -judges, as no one could claim exemption from the royal jurisdiction. At -the same time he instructed his lieutenant for Aragon, Fadrique de -Portugal, Archbishop of Saragossa, to enforce this mandate. It was not -long before Loazes had the opportunity of manifesting his contempt for -these expressions of the royal will. One of the consuls holding the -admiralty court of Barcelona was hearing a case between two merchants, -Joan Ribas and Gerald Camps: a quarrel ensued between them; Ribas with -his servant Joan Monseny struck Camps in the face and then drawing his -sword, threatened the consul's life. This was a scandalous offence to -the dignity of the crown under whose protection the court was held. By -order of the Archbishop and royal council the culprits were arrested and -thrown in prison, but Ribas was a familiar of the Inquisition and Loazes -presented himself before the archbishop in full court and claimed him. -The letters of Charles V were read and his claim was rejected, -whereupon, on June 13th, he issued a mandate demanding the surrender to -him of Ribas and forbidding all proceedings against him under pain of -excommunication.[726] What was the termination of this special case we -have no means of knowing, but Loazes did not suffer by reason of his -audacity. In 1542 he was made Bishop of Elna, whence he passed by -successive translations through the sees of Lérida, Tortosa and -Tarragona, dying at last, full of years and honors in 1568 as Archbishop -of Valencia. - - * * * * * - -It is not worth while at present to pursue these disputes which reveal -the character of the Inquisition and the resistance offered to it by the -comparatively free populations subject to the crown of Aragon. We shall -have ample opportunity hereafter to note the persistant arrogance of the -inquisitors under the royal favor, the restlessness of the people and -the fruitlessness of their struggle for relief from oppression. The Holy -Office had become part of the settled policy of the House of Austria. -The Lutheran revolt had grown to enormous proportions and no measures -seemed too severe that would protect the faith from an enemy even more -insidious and more dangerous than Judaism. The system grew to be an -integral part of the national institutions to be uprooted only by the -cataclysm of the French Revolution and the Napoleonic war. At what cost -to the people this was effected is seen in the boast, in 1638, of a -learned official of the Inquisition that in its favor the monarchs had -succeeded in breaking down the municipal laws and privileges of their -kingdoms, which otherwise would have presented insuperable obstacles to -the extermination of heresy, and he proceeds to enumerate the various -restrictions on the arbitrary power of the secular courts which the -experience of ages had framed for the protection of the citizen from -oppression, all of which had been swept away where the Inquisition was -concerned, leaving the subject to the discretion of the -inquisitor.[727] - - - - -BOOK II. - -RELATIONS WITH THE STATE. - - - - -CHAPTER I. - -RELATIONS WITH THE CROWN. - - -What gave to the Spanish Inquisition its peculiar and terrible -efficiency were the completeness of its organization and its combination -of the mysterious authority of the Church with the secular power of the -crown. The old Inquisition was purely an ecclesiastical institution, -empowered, it is true, to call upon the State for aid and for the -execution of its sentences, but throughout Christendom the relations -between Church and State were too often antagonistic for its commands -always to receive obedience. In Spain, however, the Inquisition -represented not only the pope but the king; it practically wielded the -two swords--the spiritual and the temporal--and the combination produced -a tyranny, similar in character, but far more minute and all-pervading, -to that which England suffered during the closing years of Henry VIII as -Supreme Head of the Church. - -While thus its domination over the people was secure and unvarying, its -relations with the royal power varied with the temperament of the -sovereign. At times it was the instrument of his will; at others it -seemed as though it might almost supplant the monarchy; it was -constantly seeking to extend its awful authority over the other -departments of State, which struggled with varying success to resist its -encroachments, while successive kings, autocratic in theory, sometimes -posed as arbitrators, sometimes vainly endeavored to enforce their -pacificatory commands, but more generally yielded to its domineering -spirit. - - * * * * * - -[Sidenote: _FERDINAND'S CONTROL_] - -When Ferdinand consented to the introduction of the Inquisition, it was -no part of his policy to permit the foundation of an institution which -should be independent of the royal authority. He who sought to forbid in -Spain the residence of papal nuncios and legates was not likely to -welcome the advent of a new swarm of papal delegates, whose power over -life and property would carry unchecked to every corner of the land the -influence of Rome. Accordingly, as we have seen, he conditioned the -admission of the Inquisition on the concession of the power of -appointment and dismissal and he flatly told Sixtus IV that he would -permit none but appointees of his own to exercise the office of -inquisitor. As the institution developed and became more complex he -nominated to the pope the individual to whom the papal delegation as -inquisitor-general should be given and he appointed the members of the -Suprema, which became known as the _Consejo de su Magestad de la Santa -General Inquisicion_. Although the papal commission granted to the -inquisitor-general faculties of subdelegating his powers and appointing -and dismissing his subordinates, thus rendering his action -indispensable, Ferdinand was careful to assert his right to control all -appointments and to assume that at least they were made with his assent -and concurrence. In 1485 the sovereigns had no scruple in appointing at -Guadalupe the inquisitors who made such havoc among the apostates.[728] -August 8, 1500, he writes to the Bishop of Bonavalle that he had -determined to commit to him the office of inquisitor in Sardinia, for -which the commission and subdelegation will be despatched to him by the -inquisitors-general; he can appoint an assessor and notary, but the -other officials will be sent from Spain. A letter of the same date to -the Lieutenant-general of Sardinia announces the appointment by the -inquisitors-general "con nuestra voluntad y consentimiento," which was -the ordinary formula employed, even in such petty cases as when he -advised Pedro Badía, receiver of confiscations at Barcelona, March 13, -1501, that they had appointed Gregorio Zamarado as _portero_ or -apparitor of that tribunal, in place of Guillen Donadou and that he is -to receive the same wages.[729] Although the participation of the -inquisitor-general was indispensable, Ferdinand customarily assumed his -acquiescence as a matter of course; he would make the appointment and -then ask affectionately for the subdelegation of power.[730] As regards -subordinate positions, Torquemada recognized the royal participation -when, in 1485, he instructed inquisitors that they could fill vacancies -temporarily "until the king and I provide for them." As a rule, it may -be said that Ferdinand rarely troubled himself about subordinates, but -had no hesitation in assuming full power when he saw fit, as in writing -to an inquisitor, March 21, 1499, "we order you to appoint, as by these -presents we appoint, Juan de Montiende as fiscal in your tribunal."[731] - -If he thus controlled appointments he was equally concerned in -dismissals. We find him writing, April 22, 1498, to an inquisitor of -Saragossa, who had discharged an official at Calatayud, to reinstate -him, as he had done good service with danger to his person, and on -September 19, 1509, ordering Diego López de Cortegano, Inquisitor of -Córdova, to cease his functions at once and return to his -benefice--though this latter order was countersigned by the members of -the Suprema.[732] It would be superfluous to adduce additional examples -of the control thus exercised over the personnel of the Inquisition--a -control which remained inherent in the crown although, as we shall see, -often allowed to become dormant. - -In all save spiritual matters, Ferdinand considered the Inquisition to -be merely an instrument to carry out his will, though it must be added -that this arose from his anxiety that it should be perfected in every -way for the work in hand, and there is absolutely no evidence, in his -enormous and confidential correspondence, that he ever used it for -political purposes, even in the stormiest times when struggling with -unruly nobles. Every detail in its organization and working was subject -to his supervision and, amid all the cares of his tortuous policy, -extending throughout Western Europe, and the excitement of his frequent -wars, he devoted the minutest care to its affairs. When, in December -1484, Torquemada issued his supplementary instructions, he was careful -to state that he did so by command of the sovereigns, who ordered them -to be observed. So in subsequent instructions, issued in 1485, -Torquemada orders the inquisitors to write to him and to Ferdinand about -everything that should be reported; the king provides their salaries -promises them rewards; if there is anything that the king ought to -remedy he is to be written to.[733] That, in fact, the was recognized as -controlling the Inquisition is seen in all the efforts of the Córtes, -appealing to him to obtain a modification of its rigors, although, as we -have seen, the Concordia of 1512 was held to require the assent of -Inquisitor-general Enguera to render it binding, with subsequent -confirmation by the pope and though, in later times, the monarchs found -it convenient to throw upon the inquisitor-general the responsibility of -rejecting the demands of their subjects. - -Ferdinand was too self-reliant to deem it necessary to assert his power -consistently on all occasions. In a subsequent chapter we shall see that -he submitted to the inconveniences arising from an excommunication -threatened by Torquemada on receivers of confiscations who honored royal -drafts in preference to paying salaries. He had no scruples in making -Torquemada join with him in grants of money or in settling competing -claims on the debts due to a condemned heretic; he sometimes allowed his -cédulas to be countersigned by members of the Suprema, especially in the -later periods; indeed, toward the end of his reign, this became so -habitual that in letters of November 25th and December 10, 1515, he -explained that his orders were to be obeyed although not so -authenticated, because none of the members happened to be at hand; he -sometimes delayed answering applications for instructions until he could -consult the inquisitor-general, but the mere application to him shows -that he was regarded as the ultimate arbiter. In fact, in a case in -which some prisoners named Martínez had appealed to him, he replies to -the inquisitors, September 30, 1498, and March 2, 1499, that the -inquisitors-general send instructions and it is his will that these -should be executed, thus implying that his confirmation was -requisite.[734] - -[Sidenote: _FERDINAND'S CONTROL_] - -Whatever participation he might thus allow to the head of the -Inquisition, when he saw fit he asserted his arbitrary control and he by -no means deemed it necessary to communicate with the tribunals through -the inquisitor-general but frequently issued his commands directly. May -14, 1499, he writes to an inquisitor to have a certain confiscated -property sold at an appraised value to Diego de Alcocer, no matter what -instructions he may have from the inquisitors-general or what orders to -the contrary. Even for trifles he took them sharply to task, as when, -May 17, 1511, he vigorously rebuked one for sending Bachiller Vazquez to -him on an affair which could have been as well settled by letter with -much less expense. He was fully aware that the power of the Inquisition -rested on his support and when there was the slightest opposition to his -will he had no hesitation in saying so, as when, in a letter of July 22, -1486, to the inquisitors of Saragossa, he tells them that, although they -have the name, it is to him and to Isabella that the Holy Office owes -its efficiency; without the royal authority they can do little and, as -they recognize his good intentions, they must not interfere with his -orders.[735] - -These instances illustrate the minute and watchful care which he -exercised over all the details of the Holy Office. Nothing was too -trivial to escape his vigilant attention, and this close supervision was -continued to the end. The receiver of Valencia consults him about a -carpenter's bill of ninety sueldos for repairs on the royal palace -occupied by the tribunal and Ferdinand tells him, May 31, 1515, that he -may pay it this time, but it is not to be a precedent. On January 18th -of the same year he had written to the receiver of Jaen that he learns -that the audience-chamber is ill-furnished and that the vestments for -mass are lacking or worn out, wherefore he orders that what the -inquisitors may purchase shall be paid for.[736] - - * * * * * - -Ferdinand's control over the Inquisition rested not only on the royal -authority, the power of appointment, his own force of character and his -intense interest in its workings, but also on the fact that he held the -purse-strings. He had insisted that the confiscations should enure to -the crown, and he subsequently obtained the pecuniary penances. The -Inquisition had no endowment. One could easily have been provided out of -the immense sums gathered from the victims during the early years of -intense activity but, although some slender provision of the kind was at -times attempted, either the chronic demands of the royal treasury or a -prudent desire to prevent the independence of the institution rendered -these investments fragmentary and wholly inadequate. Thus the expenses -of the tribunals and the salaries of the officials were in his hands. -Nothing could be paid without his authorization and the accounts of the -receivers of confiscations, who acted as treasurers, were scrutinized -with rigid care. He regulated the salary of every official and his -letter-books are full of instructions as to their payment. Besides this, -it was the Spanish custom to supplement inadequate wages with _ayudas de -costa_, or gifts of greater or less amount as the whim of the sovereign -or the deserts of the individual might call for. In time, as we shall -see, this became a regular annual payment, subject to certain conditions -but, under Ferdinand, it was still an uncertainty, dependent upon the -royal favor and the order of the king was requisite in each case, even -including the Suprema and its officials.[737] The crown thus held the -Holy Office at its mercy and the recipients of its bounty could not -resent its control. - -[Sidenote: _INDEPENDENCE IN MATTERS OF FAITH_] - -Yet in this perpetual activity of Ferdinand in the affairs of the -Inquisition it is to be observed that he confined himself to temporal -matters and abstained from interference with its spiritual jurisdiction. -In his voluminous correspondence, extending, with occasional breaks, -over many years, the exceptions to this only serve to prove the rule. I -have met with but two and these fully justified his interference. In -1508 the leading barons of Aragon complained that the inquisitors were -persecuting the Moors and were endeavoring to coerce them to baptism. As -they had no jurisdiction over infidels, he rebuked them severely, -telling them that conversion through conviction is alone pleasing to God -and that no one is to be baptized except on voluntary application. So, -when some had been converted and had been abandoned by their wives and -children, he ordered the inquisitors to permit the return of the latter -and not to coerce them to baptism.[738] The other case was that of Pedro -de Villacis, receiver of Seville, a man who possessed Ferdinand's -fullest confidence. No name occurs more frequently in the correspondence -and he was entrusted with the management of an enormous and most -complicated composition, in which the New Christians of Seville, -Córdova, Leon, Granada and Jaen agreed to pay eighty thousand ducats as -an assurance against confiscation. While deeply immersed in this the -tribunal of Seville commenced to take testimony against him. On hearing -of this Ferdinand was astounded; he expressed indignation that such -action should be taken without consulting him and ordered all the -original papers to be sent to him for consideration with the Suprema, -pending which and future orders nothing further was to be done.[739] - -This was an extreme case. There are others which prove how useless it -was to rely upon the royal favor in hopes of interposition. Thus -Ferdinand's vice-chancellor for Aragon was Alonso de la Caballería, a -son of that Bernabos de la Caballería whose _Çelo de Cristo contra los -Judíos_ has been referred to above (p. 115). The father's orthodox zeal -did not preserve his children from the Inquisition and their names and -those of their kindred frequently occur in the records. Alonso had -already passed through its hands without losing his position. In -December, 1502, his brother Jaime was arrested by the tribunal of -Saragossa, and Alonso ventured to ask Ferdinand's intervention in his -favor and also for himself in case he should be involved and be -subjected to another trial. Ferdinand replied, December 23d, expressing -regret and the hope that all would turn out as he desired; if Alonso's -case comes up again he shall be tried by Deza himself who can be relied -upon to do exact justice. A second application from Alonso brought a -reply, January 3, 1503, reiterating these assurances and promising a -speedy trial for his brother, about whom he writes to the inquisitors. -In effect, a letter to them of the same day alludes, among other -matters, to Jaime's case, with the customary injunctions to conduct it -justly so as not to injure the Inquisition and assuring them that if -they do so they shall not be interfered with. How little the appeal to -Ferdinand benefited the accused is seen in the result that Jaime was -penanced in an auto de fe of March 25, 1504.[740] - -In one respect Ferdinand showed favoritism, but he did so in a manner -proving that he recognized that the royal power could not of itself -interfere with the exercise of inquisitorial jurisdiction. -Notwithstanding his settled aversion to papal intervention, he procured -a series of curious briefs to spare those whom he favored from the -disgrace of public reconciliation and penance and their descendants -from disabilities. So many of his trusted officials were of Jewish -lineage that he might well seek to shield them and to retain their -services. Thus, in briefs of February 11, 1484, and January 30, 1485, -Innocent VIII recites that he is informed that some of those involved in -this heresy would gladly return to the faith and abjure if they could be -secretly reconciled, wherefore he confers on the inquisitors faculties, -in conjunction with episcopal representatives, to receive secretly, in -the presence of Ferdinand and Isabella, fifty persons of this kind to -abjuration and reconciliation. A subsequent brief of May 31, 1486, -recites that he learns that the sovereigns cannot always be present on -these occasions, wherefore he grants for fifty more similar power to be -exercised in their absence but with their consent. Then, July 5, 1486, -the same is granted for fifty more, even if testimony has been taken -against them, with the addition of the removal of disabilities and the -stain of infamy in favor of their children and moreover it authorizes -the secret exhumation and burning of fifty bodies--doubtless the parents -of those thus favored. These transactions continued, for there are -similar letters of November 10, 1487, and October 14, 1489, each for -fifty persons and fifty bodies, to be nominated by the king and queen, -and possibly there were subsequent ones that have not reached us.[741] -It was doubtless under letters of this kind that, on January 10, 1489, -Elionor and Isabel Badorch were secretly reconciled in the royal palace -of Barcelona.[742] - -[Sidenote: _INSISTENCE ON JUSTICE_] - -These apparently trivial details are of interest as revealing the basis -on which the Inquisition was established and from which it developed. -They also throw light on the character of Ferdinand, whose restless and -incessant activity made itself felt in every department of the -government, enabling his resolute will to break down the forces of -feudalism and lay the foundation of absolute monarchy for his -successors. It would be doing him an injustice, however, to dismiss the -subject without alluding to his anxiety that the Inquisition should be -kept strictly within the lines of absolute justice according to the -standard of the period. Trained in the accepted doctrine of the Church -that heresy was the greatest of crimes, that the heretic had no rights -and that it was a service to God to torture him to death, he was -pitiless and he stimulated the inquisitors to incessant vigilance. He -was no less eager in gathering in every shred of spoil which he could -lawfully claim from the confiscation of the victims, but, in the -distorted ethics of the time, this comported with the strictest equity, -for it was obedience to the canon law which was the expression of the -law of God. There can have been no hypocrisy in his constant -instructions to inquisitors and receivers of confiscations to perform -their functions with rectitude and moderation so that no one should have -cause to complain. This was his general formula to new appointees and is -borne out by his instructions in the innumerable special cases where -appeal was made to him against real or fancied injustice. His abstinence -from intrusion into matters of faith limited such appeals to financial -questions, but these, under the cruel canonical regulations as to -confiscations, were often highly complicated and involved the rights of -innocent third parties. His decisions in such cases are often adverse to -himself and reveal an innate sense of justice wholly unexpected in a -monarch who ranked next to Cesar Borgia in the estimation of -Machiavelli. An instance or two, taken at random out of many, will -illustrate this phase of his character. July 11, 1486, he writes to his -receiver at Saragossa "Fifteen years ago, Jaime de Santangel, recently -burnt, possessed a piece of land in Saragossa and did not pay the -ground-rent on it to García Martinez. By the fuero of Aragon, when such -rent is unpaid for four years the land is forfeited. You are said to -hold the land as part of the confiscated estate of Santangel and for the -above reason it is said to belong to Martínez. You are therefore ordered -to see what is justice and do it to Martínez without delay and if you -have sold the land, the matter must be put into such shape that Martínez -may obtain what is due." In a similar spirit, when Caspar Roig, of -Cagliari, deemed himself aggrieved in a transaction arising out of a -composition for confiscation, Ferdinand writes to the inquisitor of -Sardinia, March 11, 1498, "As it is our will that no one shall suffer -injustice, we refer the case to you, charging you at once to hear the -parties and do what is just, so that the said Gaspar Roig shall suffer -no wrong.... You will see that the said Gaspar Roig shall not again have -to appeal to us for default of justice."[743] - - * * * * * - -It was inevitable that, when this powerful personality was withdrawn, -the royal control over the Inquisition should diminish, especially in -view of the inability of Queen Juana to govern and the absence of the -youthful Charles V. The government of Spain practically devolved upon -Ximenes, who was Inquisitor-general of Castile, while his coadjutor -Adrian speedily obtained the same post in Aragon. After the arrival of -Charles and the death of Ximenes, Adrian became chief of the reunited -Inquisition and his influence over Charles in all matters connected with -it was unbounded. The circumstances therefore were peculiarly propitious -for the development of its practical independence, although -theoretically the supremacy of the crown remained unaltered. - -[Sidenote: _POWER OF APPOINTMENT_] - -Thus the Suprema, of which we hear little under Ferdinand, at once -assumed his place in regulating all details. The appointing power, even -of receivers, who were secular officials, accountable only to the royal -treasury, passed into its hands. Thus a letter of Ximenes, March 11, -1517, to the receiver of Toledo, states that there are large amounts of -uncollected confiscations, wherefore he is directed to select a proper -person for an assistant and send him to the Suprema to decide as to his -fitness, so that Ximenes may appoint him with its approval.[744] Still, -the nominating power remained technically with the crown and, when -Charles arrived, he was assumed to exercise it as Ferdinand had done, -however little real volition he may have displayed. In a letter of -December 11, 1518, concerning the appointment of Andrés Sánchez de -Torquemada as Inquisitor of Seville, Charles is made to say that, being -satisfied of Torquemada's capacity, he had charged him to accept the -office and that with his assent Adrian had appointed him. In another -case, where an abbot, to whom Adrian had offered the inquisitorship of -Toledo, had declined the office, Charles writes, September 14, 1519, -charging him to accept it.[745] That Adrian could not act alone was -recognized for, after Charles left Spain, in May, 1520, questions arose -on the subject and, by letters patent of September 12th, he formally -empowered Adrian, during his absence, to appoint all inquisitors and -other officials.[746] - -Whether formal delegations of the appointing power were subsequently -made does not appear, but practically it continued with the -inquisitor-general, subject to an uncertain co-operation of the Suprema, -whose members countersigned the commissions, while, with the subordinate -positions in the tribunals, the inquisitors were sometimes consulted, -their recommendations received attention and their remonstrances were -heard. The various factors are illustrated in a letter of the Suprema, -August 24, 1544, to the inquisitors of Saragossa who had furnished a -statement of the qualifications of various aspirants for the vacant post -of _notario del juzgado_. In reply the Suprema states that its -secretary, Hieronimo Zurita, had recommended Martin Morales; it had -advised with the inquisitor-general who had appointed him, but it will -bear in mind Bartolomé Malo and will give him something else.[747] - -So far as I am aware, Philip II never interfered with this exercise of -the appointing power. That he threw the whole responsibility on the -inquisitor-general and disclaimed any concurrence for himself is -apparent in a series of instructions, May 8, 1595, to the new -inquisitor-general, Geronimo Manrique. He orders him to observe the -utmost care to select fit persons for all positions without favoritism -and, although it is his duty to appoint inquisitors and fiscals, he -should communicate his selections in advance to the Suprema, as his -predecessors had always done, because some of the members may be -acquainted with the parties and prevent errors from being made.[748] -That a supervisory power, however, was still recognized in the crown is -seen in a consulta of June 21, 1600, presented to Philip III, by -Inquisitor-general Guevara, lamenting the unfitness of many of the -inquisitors. With the habitual tenderness manifested to unworthy -officials he did not propose to dismiss them but to make a general -shifting by which the best men should be made the seniors of the -tribunals. To this the king replied with a caution about discrediting -the Inquisition and a suggestion that the parties shifted should be made -to ask for the change; he also called for their names and the reasons, -because he ought to be informed about all the individuals.[749] - -This indicated a desire to resume the close watchfulness of Ferdinand -which had long since been forgotten in the turmoil and absences of -Charles V and the secluded labors of Philip II, over despatches and -consultas. A bureaucracy was establishing itself in which the various -departments of the government were becoming more or less independent of -the monarch and Philip for the moment appeared disposed to reassert his -authority, for, in 1603, we are told that he made many appointments of -inquisitors, fiscals, and even of minor officials.[750] If so, he was -too irresolute, feeble, and fitful to carry out a definite line of -policy for when, in 1608, he issued the customary instructions to a new -inquisitor, Sandoval y Rójas, he merely repeated the injunctions of -1595, with the addition that transfers should also be communicated to -the Suprema.[751] Yet in one case he even exceeded Ferdinand by -intervening in a case of faith. When he went to Toledo with his court to -witness the auto de fe of May 10, 1615, he asked to see the sentence of -Juan Cote, penanced for Lutheranism, and made some changes in the -_meritos_, or recital of offences, altered the imprisonment to perpetual -and irremissible and added two hundred lashes. The tribunal consulted -the Suprema, which approved the changes on the supposition that the -inquisitor-general had participated in them, but the day after the auto -Cote was informed that the Suprema had mercifully remitted the -scourging.[752] - -[Sidenote: _POWER OF APPOINTMENT_] - -Philip IV, in 1626, on the death of Inquisitor-general Pacheco, asked -the Suprema to suggest the instructions to be given to the new incumbent -and was advised to repeat those of 1608. He virtually admitted the power -of appointment to be vested in that office when, in the same year, the -Córtes of Barbastro petitioned that in Aragon all the officials of the -tribunals should be Aragonese and he replied that he would use his -authority with the inquisitor-general that a certain portion of them -should be so.[753] Notwithstanding his habitual subservience to the -Inquisition, however, he reasserted his prerogative, in 1640, by -appointing the Archdeacon of Vich as Inquisitor of Barcelona and he -followed this, in 1641 and 1642, by several others, even descending to -the secretaryship of Lima which he gave to Domingo de Aroche.[754] This -brought on a struggle, ending in a compromise in which the -inquisitor-general was sacrificed to the Suprema. Papal intervention was -deemed to be necessary and a brief was procured in March, 1643, under -which Philip, by decree of July 2, ordered that in future, in all -vacancies of positions of inquisitor and fiscal, the inquisitor-general -and Suprema should submit to him three names from which to make -selection. The Suprema thus recognized was satisfied, but Sotomayor, the -inquisitor-general, was obstinate. In June, Philip had called for his -resignation, which he offered after some hesitation and expressed his -feelings in a protest presenting a sorry picture of the condition of the -Holy Office. The present disorders, he said, had arisen from the -multiplication of offices, whereby their character had depreciated and, -as the revenues were insufficient for their support, they were led to -improper devices. The Suprema had been powerless for, on various -occasions, the king had rewarded services in other fields by the gifts -of these offices, when no consideration could be given to character, and -he had also been forced to make appointments by commands as imperative -as those of the king--an evident allusion to Olivares.[755] - -Sotomayor's successor, Arce y Reynoso, conformed himself to these new -rules and, until his death in 1665, he submitted all appointments and -transfers to the king. Philip survived him but three months and, under -the regency which followed and the reign of the imbecile Carlos II, the -inquisitor-general resumed the power of appointment without -consultation. So completely was the royal supervision forgotten that the -instructions to Inquisitor-general Rocaberti, in 1695, repeat the old -formula of 1608.[756] In this, the injunction of consulting the Suprema -was displeasing to the Holy See, after its intervention in the affair of -Froilan Díaz (of which more hereafter) had caused it to take sides in -the quarrel over the respective powers of the inquisitor-general and the -Suprema. As the commission of the former was a papal grant, it held that -no restriction could be placed on him and, when Vidal Marin was -appointed, Clement XI sent to him August 8, 1705, urgent instructions to -uphold the dignity of his office which had exclusive authority in the -premises.[757] - -The command was too agreeable not to be obeyed and, from this time, the -unrestricted power of appointment was in the hands of the -inquisitor-general. About 1765, a writer tells us that all salaried -offices were filled by him alone. If the king wished to gratify some one -with a position he would signify his desire to the inquisitor-general -that such person should be borne in mind at the first vacancy and the -royal wish was respected, in the absence of special objection. If such -there were it was reported to the king and his decision was -awaited.[758] With the tendency to assert the prerogative, under Carlos -III, this was called in question, in 1775, when the royal Camara -scrutinized the brief commissioning Felipe Bertran as -inquisitor-general, but the protest was merely formal; the appointing -power remained undisturbed; it survived the Revolution and continued -until the Inquisition was suppressed.[759] - - * * * * * - -[Sidenote: _THE INQUISITOR-GENERALSHIP_] - -Of vastly greater importance was the power of selecting and virtually -dismissing the inquisitor-general and this the crown never lost. In fact -this was essential to its dignity, if not to its safety. Had the -appointment rested with the pope, either the Inquisition would of -necessity have been reduced to insignificance or the kingdom would have -become a dependency of the curia. Had the Suprema possessed the power of -presenting a nominee to the pope, the Inquisition would have become an -independent body rivalling and perhaps in time superseding the monarchy. -Yet, after the death of Ferdinand, Cardinal Adrian, when elected to the -papacy, seemed to imagine that Ferdinand's privilege of nomination had -been merely personal and that it had reverted to him. February 19, 1522, -he wrote to Charles that a successor must be provided; after much -thought he had pitched on the Dominican General but had not determined -to make the appointment without first learning Charles's wishes. If the -Dominican was not satisfactory, Charles could name some one else, for -which purpose he suggested three other prelates. Charles replied from -Brussels, March 29th, assuming the appointment to be in his hands, but -ordered his representative Lachaulx to confer with Adrian. He was in no -haste to reach a decision and it was not until July 13, 1523, that he -instructed his ambassador, the Duke of Sessa, to ask the commission for -Alfonso Manrique, Bishop of Córdova, on whom he had conferred the post -of inquisitor-general and the archbishopric of Seville.[760] - -The records afford no indication of any question subsequently arising as -to the power of the crown to select the inquisitor-general. It was -never, however, officially recognized by the popes, whose commissions to -the successive nominees bore the form of a _motu proprio_--the -spontaneous act of the Holy See--by which, without reference to any -request from the sovereign, the recipient was created inquisitor-general -of the Spanish dominions and was invested with all the faculties and -powers requisite for the functions of his office.[761] No objection -seems to have been taken to this until Carlos III exercised a jealous -care over the assertion and maintenance of the regalías against the -assumptions of the curia. The first appointment he had occasion to make -was that of Felipe Bertran, Bishop of Salamanca, after the death of -Inquisitor-general Bonifaz. December 27, 1774, was despatched the -application to the papacy for the commission, carefully framed to avoid -attributing to the latter any share in the selection or appointment and -merely asking for a delegation of faculties, accompanied with -instructions to the ambassador Floridablanca to procure for Bertran a -dispensation from residence at his see during his term of office. -Clement XIV had died, September 22, 1774, and the intrigues arising from -the suppression of the Jesuits delayed the election of Pius VI until -February 15, 1775, but on February 27th the commission and dispensation -were signed. March 25th, Carlos sent the commission to the royal Camara -for examination before its delivery to Bertran and the Camara reported, -April 24th, that its fiscal pronounced it similar to that granted to -Bonifaz in 1755, but that it did not express as it should the royal -nomination and had the form of a _motu proprio_; he also objected to its -granting the power of appointment and further that some of the faculties -included infringed on the royal and episcopal jurisdictions, while the -clauses on censorship conflicted with the royal decrees. Under these -reserves the brief was ordered to be delivered to Bertran; whether or -not a protest was made to the curia does not appear, but if it was it -was ineffective for the same formula was used in the commission issued -to Inquisitor-general Agustin Rubin de Cevallos, February 17, 1784.[762] - - * * * * * - -[Sidenote: _THE INQUISITOR-GENERALSHIP_] - -It may be assumed as a matter of course that the king had no power to -dismiss an inquisitor-general who held his commission at the pleasure of -the pope, but the sovereign had usually abundant means of enforcing a -resignation. Whether that of Alfonso Suárez de Fuentelsaz, in 1504, was -voluntary or coerced is not known, but the case of Cardinal Manrique, -the successor of Adrian, shows that if an inquisitor-general was not -forced to resign he could be virtually shelved. Manrique, as Bishop of -Badajoz, after Isabella's death, had so actively supported the claims of -Philip I that Ferdinand ordered his arrest; he fled to Flanders, where -he entered Charles's service and returned with him to Spain, obtaining -the see of Córdova and ultimately the archbishopric of Seville.[763] -Perhaps he incurred the ill-will of the Empress Isabella soon after his -appointment, for we find him complaining, January 23, 1524, to Charles -that when in Valencia she had ordered the disarmament of the familiars -and the arrest of Micer Artes, a salaried official of the Inquisition, -violations of its privileges for which he asked a remedy.[764] In 1529, -he gave more serious cause of offence. When Charles sailed, July 28th, -to Italy for his coronation, he placed under charge of the empress Doña -Luisa de Acuña, heiress of the Count of Valencia, until her marriage -should be determined. There were three suitors--Manrique's cousin the -Count of Treviño, heir apparent of the Duke of Najera, the Marquis of -Astorga and the Marquis of Mayorga. The empress placed her ward in the -convent of San Domingo el Real of Toledo, where Manrique abused his -authority by introducing his cousin; an altar had been prepared in -advance and the marriage was celebrated on the spot. The empress, justly -incensed, ordered him from the court to his see until the emperor should -return and turned a deaf ear to the representations by the Suprema, -December 12th, of the interference with the holy work of the Inquisition -and the discredit cast upon it. It was probably to this that may be -referred the delay in his elevation to the cardinalate, announced March -22, 1531, after being kept _in petto_ since December 19, 1529. On -Charles's return, in 1533, he was allowed to take his place again, but -he fell into disgrace once more in 1534, when he was sent back to his -see where he died at an advanced age in 1538. Still, this was not -equivalent to dismissal; he continued to exercise his functions and his -signature is appended to documents of the Inquisition at least until -1537.[765] Yet while thus dealing with the inquisitor-general the crown -could exercise no control over the tribunals. The empress was interested -in the case of Fray Francisco Ortiz, arrested April 6, 1529, by the -tribunal of Toledo, and she twice requested the expediting of his trial -for which, October 27, 1530, she alleged reasons of state, but the -tribunal was deaf to her wishes as well as to those of Clement VII who -interposed July 1, 1531, and the sentence was not rendered until April -17, 1532.[766] - -There was no occasion for royal interference with Inquisitors-general -Tavera, Loaysa or Valdés. If the latter was forced to resign, in 1566, -it was not by order of Philip II but of Pius V for his part, as we shall -see hereafter, in the prosecution of Carranza, Archbishop of Toledo. So -if Espinosa, in 1572, died in consequence of a reproof from Philip II, -it was not for official misconduct and merely shows the depth of -servility attainable by the courtiers of the period. The reign of the -feeble Philip III however afforded several instances that the royal will -sufficed to create a vacancy. He had scarce mounted on the throne as a -youth of twenty, on the death of Philip II, September 13, 1598, before -he sought to get rid of Inquisitor-general Portocarrero, who had, it is -said, spoken lightly of him, or had incurred the ill-will of the -favorite, the Duke of Lerma. To effect this, a bull was procured from -Clement VIII requiring episcopal residence; Portocarrero was Bishop of -Cuenca, a see reputed to be worth forty thousand ducats a year, but he -preferred to abandon this and made fruitless efforts at Rome to be -permitted to do so. He left Madrid in September, 1599, for Cuenca and -died of grief within a twelve-month, refusing to make a will because, as -he said, he had nothing to leave but debts that would take two years' -revenue of his see to pay.[767] His successor, Cardinal Fernando Niño de -Guevara fared no better. He was in Rome at the time of his appointment -and did not take possession of his office until December 23, 1599, but -already in May, 1600, there were rumors that he was to be superseded by -Sandoval y Rojas, Archbishop of Toledo. Yet, in 1601, he was made -Archbishop of Seville and he sought to purchase Philip's favor by a gift -of forty thousand ducats and nearly all his plate. This was unavailing -and, in January, 1602, he was ordered to reside in his see, when he -dutifully handed in his resignation.[768] Juan de Zuñiga, who succeeded, -had a clause in his commission permitting him to resign the -administration of his see in the hands of the pope, but the precaution -was superfluous for he died, December 20, 1602, after only six weeks' -enjoyment of the office, for which he had sacrificed thirty thousand -ducats a year from his see. He was old and feeble and his death was -attributed to his coming in winter from a warm climate to the rigors of -Valladolid, then the residence of the court.[769] - -[Sidenote: _THE INQUISITOR-GENERALSHIP_] - -The question of non-residence was happily solved, for a time at least, -by selecting as the next incumbent Juan Bautista de Azevedo, Bishop of -Valladolid, the seat of the court. He was a person of so little -consequence that the appointment aroused general surprise until it was -recalled that he had been a secretary of Lerma. When the court removed -to Madrid, in 1606, he was obliged to choose between the two dignities -and his resignation of the bishopric was facilitated by granting him a -pension of twelve thousand ducats on the treasury of the Indies, besides -which, as Patriarch of the Indies, he had a salary of eight -thousand.[770] His death soon followed, in 1608, when Sandoval y Rojas, -the uncle of Lerma, obtained the position without sacrificing his -primatial see of Toledo, a dispensation for non-residence being -doubtless easily obtained by such a personage. - -Sandoval was succeeded, in 1619, by Fray Luis de Aliaga, a Dominican who -had been Lerma's confessor. In 1608 Lerma transferred him to the king, -over whom his influence steadily increased, although his doubtful -reputation is inferable from the popular attribution to him of the -spurious continuation of Don Quixote, published in 1614 under the name -of Avellaneda--a work of which the buffoonery and indecency are most -unclerical.[771] Though he owed his fortune to Lerma, he joined, in -1618, in causing his patron's downfall in favor of Lerma's nephew, the -Duke of Uceda, and during the rest of Philip's reign Uceda and Aliaga -virtually ruled and misgoverned the land, filling the offices with their -creatures, selling justice and intensifying the financial disorders -which were bringing Spain to its ruin. When Philip IV succeeded to the -throne, March 31, 1621, under tutelage to his favorite Olivares, their -first business was to dismiss all who had been in power under the late -king. The secular officials were easily disposed of, but the papal -commission of the inquisitor-general rendered him independent of the -king; he did not manifest the accommodating disposition of Portocarrero -and Guevara and, as he was not a bishop, he could not be ordered to his -see. It illustrates the anomalous position of the Inquisition, as part -of an absolute government, that for some weeks the question of his -removal was the subject of repeated juntas and consultations, but -finally, April 23d, Philip wrote, ordering him to leave the court within -twenty-four hours, for the Dominican Convent of Huete, where his -superior would give him further instructions. He obeyed, but he refused -the bishopric of Zamora and the continuance of his ecclesiastical -revenues as the price of his resignation. The only method left was to -obtain from Gregory XV the withdrawal of his delegated powers by -representing his unworthiness, his guilty complicity with Uceda and -Osuna and Philip III's reproach to him on his death-bed for misguiding -his soul to perdition. Gregory listened favorably and Aliaga seems to -have recognized the untenableness of his position and to have resigned, -although no evidence of it exists. All we know is that Andrés Pacheco, -Bishop of Cuenca, was appointed as his successor in February, 1622, and -took possession of the office in April. Even after this Aliaga was an -object of apprehension. In June, 1623, he came to Hortaleza, which was -within a league or two of Madrid. Immediately the court was in a -flutter; the king held earnest consultations; his propinquity was -regarded as dangerous and he could not be allowed to return, as he had -asked, to his native Aragon, which was in a chronically inflammable -condition, while in Valencia his brother was archbishop; nor could he be -allowed to leave the kingdom, possessing as he did so intimate a -knowledge of state secrets. There were messages and active -correspondence and finally he was allowed to settle in Guadalajara with -ample means, where his remaining three years of life passed in -obscurity. Llorente tells us that proceedings were commenced against him -for propositions savoring of Lutheranism and materialism, which were -discontinued after his death, a device doubtless adopted to keep him in -retirement.[772] - -[Sidenote: _THE INQUISITOR-GENERALSHIP_] - -Andrés Pacheco, who succeeded him in 1622, prudently resigned his see of -Cuenca and, in spite of his audacious enforcement of inquisitorial -claims, was allowed to hold the office until his death, April 7, -1626.[773] There was no haste in filling the vacancy, for it was not -until August 6th that Olivares replied to the king's order to report in -writing the best persons to fill the office. He named four, covertly -indicating his preference for Cardinal Zapata, who had resigned the -archbishopric of Burgos in 1605 and at the time was governor of that of -Toledo. Philip followed the suggestion by an endorsement on the paper, -which was a singularly informal appointment, remarking at the same time -that the choice should not be made public until his successor at Toledo -was selected.[774] His resignation of the office, in 1632, is commonly -attributed to a request from the king, but this is by no means certain. -He was more than eighty years of age and for some time had been talking -of resigning; already in 1630 the Suprema alludes in a consulta to the -publicity of his intention of relieving himself of the charge. Possibly -at the end some gentle pressure may have been used, but when, September -6, 1632, the commission of his successor arrived, his parting with the -king was in terms of mutual respect and good feeling. His retirement was -softened by continuing to him his full salary and perquisites, amounting -to 1,353,625 mrs. (3620 ducats) which, as the Suprema never had enough -revenue for its desires, was not cordially welcomed.[775] - -His successor, the Dominican Fray Antonio de Sotomayor, was Archbishop -of Damascus _in partibus_ and confessor of the king. He was already in -his seventy-seventh year and, when he had held his office for eleven -years, his infirmities and incapacity became more evident to others than -to himself. Early in 1643 the fall of Olivares deprived him of support, -his opposition to the king in the matter of appointments still further -weakened his position and in June he was requested to resign in view of -his advanced age and to preserve his health. He was much disturbed and -consulted friends, who advised him to obey, but he still held on, saying -that they might await his death. Greater pressure was applied to which -he yielded. June 20th he made a formal notarial attestation of his -desire to be relieved on account of his great age and the next day he -sent in an ungracious resignation, followed, on the 24th by one -addressed to the pope. His successor, Diego de Arce y Reynoso, Bishop -of Plasencia, was already on the spot, exercising some of the -functions, but Urban VIII hesitated to confirm the change and required -explanations. It was not until September 18th that the commission of -Arce y Reynoso was expedited and it only reached Madrid November 7th. -Sotomayor was "jubilated" with half his salary of nine thousand ducats, -which he enjoyed for five years longer.[776] - -Arce y Reynoso, as we shall see, when embroiled with Rome in the -prosecution of Villanueva, Marquis of Villalva, was obliged to resign -his see of Plasencia, December 2, 1652, in order to retain his -inquisitor-generalship. He continued in office until his death, June 20, -1665, followed by that of Philip, September 16th. During this interval, -Philip gave the appointment to Pascual of Aragon, son of the Duke of -Cardona and serving at the time as Viceroy of Naples. He promptly sailed -for Spain and, though he is said to have resigned without acting, there -are documents of October and November, 1665, which show that he -performed the functions of the office.[777] He obtained the see of -Toledo March 7, 1666, and desired to retain the inquisitor-generalship, -but the Queen-regent, Maria Ana of Austria, compelled him to resign, in -order to fill the place with her confessor and favorite the German -Jesuit, Johann Everardt Nithard.[778] - -[Sidenote: _THE INQUISITOR-GENERALSHIP_] - -Nithard, in 1668, boasted that he had had charge of the queen's -conscience for twenty-four years, during which she had kept him -constantly with her. He had thus moulded her character from youth and, -as she was weak and obstinate, he had rendered himself indispensable. -Her selection of him as inquisitor-general provoked lively opposition, -which even reverence for royalty could not repress; protests were -presented, leading to prolonged and heated discussion, but resistance -was in vain.[779] He was appointed October 15, 1666, and speedily became -the ruler of the kingdom which he misgoverned. The general -dissatisfaction thus aroused was stimulated by the jealousy of the -_frailes_, who had been accustomed to see Dominicans as royal -confessors and whose hatred of the Company of Jesus was exacerbated by -his combination of that position with the inquisitor-generalship. He was -accused of filling the Holy Office with Jesuit _calificadores_, under -whose advice he managed it, and with accumulating for himself pensions -amounting to sixty thousand ducats a year. Spain at the time had a -pinchbeck hero in the person of the second Don Juan of Austria, son of -Philip IV by a woman known as la Calderona; he stood high in popular -esteem, for he had the reputation of suppressing the Neapolitan revolt -of 1648 and of ending the Catalan rebellion by the capture of Barcelona -in 1652. Between him and Nithard there inevitably arose hostility which -ripened into the bitterest hatred. To get him out of the country, he was -given command of an expedition about to sail for Flanders; he went to -Coruña but refused to sail; he was ordered to retire to Consuegra, -whither a troop of horse was sent to arrest him, but he had fled to -Catalonia, leaving a letter addressed to the queen in which he said that -the execrable wickedness of Nithard had forced him to provide for his -safety; his refusal to sail had been caused by his desire to remove from -her side that wild beast, so unworthy of his sacred office; he did not -propose to kill him for he did not wish to plunge into perdition a soul -in such evil state, but he would devote himself to relieving the kingdom -of this basilisk, confident that the queen would recognize the service -thus rendered to the king. - -This letter and a similar one of November 13th were widely circulated -and inflamed the popular detestation of Nithard. Don Juan stood forward -as the champion of the people against the hated foreigner and continued -to issue inflammatory addresses. Letters came pouring into the court, -from the cities represented in the Córtes, praying the queen to accede -to his demands but, though her councillors wavered, she stood firm. -December 3d she wrote to him to return to Consuegra or to come near to -Madrid, where negotiations could be carried on. While taking advantage -of this he avoided the trap by writing that, as his life was endangered, -her envoy, the Duke of Osuna, had furnished him with a guard of three -companies of horse--about 250 men in all. With this escort he started -from Barcelona by way of Saragossa. It was in vain that orders were sent -from the court to insult him on the road. Everywhere his journey was -like a royal progress. Nobles and peoples gathered to applaud him and, -in Saragossa even the tribunal of the Inquisition bore a part, while the -students carried around the effigy of a Jesuit and burnt it before the -Jesuit house, forcing the rector to witness it from the window. - -As he drew near to Madrid with his handful of men, Nithard called on the -nobles of his party to assemble with their armed retainers, but the -Council of Regency prohibited this. Don Juan was in no haste; on -February 9th he reached Junquera, some ten leagues from Madrid and, on -the 22d, he was at Torrejon de Ardoz, about five leagues distant. -Imminent danger was felt that if he advanced the populace would rise and -murder the ministers to whom they attributed their sufferings, and all -idea of resistance was abandoned. Nithard induced the papal nuncio to -see Don Juan, February 24th, and ask further time for negotiation but at -9 P.M. the nuncio returned with word that Nithard must leave Spain at -once. The Royal Council sat until 10 P.M. and reached the same -conclusion. The next day the city was in an uproar; people carried their -valuables to the convents for safe keeping and a mob assembled around -the palace, where the Junto de Gobierno drew up a decree that Nithard -must depart within three hours. It bore that he had supplicated -permission to leave and in granting it the queen, to express her -satisfaction with his services, appointed him ambassador to Germany or -to Rome as he might elect, with retention of all his offices and -salaries. The queen signed this and the Archbishop of Toledo and the -Count of Peñaranda were deputed to carry it to Nithard, who received it -without a trace of emotion and placed himself at their disposal. It was -arranged that they should call for him at 6 P.M. The archbishop and the -Duke of Maqueda came with two coaches and Nithard entered, carrying with -him nothing but his breviary. Thrice, in the streets, the howling mob -threatened an attack, but were deterred by the sight of a cross with -which the archbishop had prudently provided himself. They drove him to -Fuencarral, about two leagues from the city and left him at the house of -the cura. The next day he went to San Agustin, about ten leagues -distant, where he lingered for awhile in the vain hope of recall. - -[Sidenote: _THE INQUISITOR-GENERALSHIP_] - -Don Juan fell back to Guadalajara, where terms were agreed upon, the -principal articles being that Nithard should immediately resign all his -offices and never return to Spain and that Diego de Valladares, Don -Juan's special enemy, should have nothing to do in any matter affecting -him. Nithard accordingly went to Rome, but he had no commission to show -and no instructions. He reported this to the Council of State, which -told him to urge the definition by the Holy See of the Immaculate -Conception. The queen endeavored by a subterfuge to obtain for him a -cardinal's hat, which had been promised to Spain, but failed. He still -hoped for a return to his honors, stimulated by the correspondence of -his confidential agent, the Jesuit Salinas, but a letter warning him not -to resign the inquisitor-generalship, for things were tending towards -his return, with a lodging in the queen's palace, chanced to fall into -the hands of the nuncio, who placed it where it would do the most good. -The result was a peremptory order for him to resign in favor of -Valladares, who had been nominated as his successor. When this was -handed to him by San Roman, the Spanish ambassador, he is said to have -fainted and not to have recovered his senses for an hour. The coveted -cardinal's hat was bestowed on Portocarrero, Dean of Toledo, and when -the news of this reached the queen it threw her into a tertian fever. -The Jesuit General Oliva, seeing Nithard thus stripped of his offices -and offended at his arrogance, ordered him to leave Rome and he retired -to a convent, but he was amply provided with funds and, for some years -at least, he was carried on the books of the Suprema and received his -salary regularly. Moreover, in 1672, the queen procured from Clement X -what Clement IX had persistently refused and Nithard was created -Archbishop of Edessa and cardinal.[780] - -Valladares had received his appointment September 15, 1669. It was not -until 1677 that he resigned his see of Plasencia and he held the -inquisitor-generalship until his death, January 29, 1695. He was -succeeded by Juan Thomás de Rocaberti, Archbishop of Valencia, for whom -Innocent XII, at the request of Carlos II, granted a dispensation from -residence, conditioned on his making proper provision for the spiritual -and temporal care of his see.[781] He died June 13, 1699, and his -successor, Alfonso Fernández de Aguilar, Cardinal of Córdova, followed -him September 19th, the very day that his commission arrived, after a -brief illness and not without grave suspicions of poison.[782] The -choice then fell on Balthasar de Mendoza y Sandoval, Bishop of Segovia, -who became involved, as we shall see, in a deadly quarrel with his -colleagues of the Suprema over the case of Fray Froilan Díaz. In the -confusion of the concluding months of the disastrous reign of Carlos II, -who died November 1, 1700, Mendoza made the mistake of embracing the -Austrian side; his arbitrary action, in the case of Froilan Díaz, served -as a sufficient excuse for his removal and Philip V, apparently in 1703, -ordered him to return to his see. He is generally said to have resigned -in 1705 but, in the papal commission, March 24, 1705, for his successor -Vidal Marin, Clement XI states that he has seen fit to relieve Mendoza -of the office because his presence is necessary at Segovia.[783] Vidal -Marin served till his death in 1709 and so did his successor -Riva-Herrera, Archbishop of Saragossa, who, however, enjoyed his dignity -for little more than a year. - -[Sidenote: _THE INQUISITOR-GENERALSHIP_] - -Philip V had brought to Spain the Gallicanism and the principles of high -royal prerogative which were incompatible with the pretensions of the -curia and the quasi-independence of the Inquisition. With the Bourbons -there opens a new era in the relations between the crown and the Holy -Office. Yet in his first open trial of strength, Philip's fatal -vacillation, under the varying influences of his counsellors, confessors -and wives, left him with a dubious victory. In 1711 he selected as -inquisitor-general Cardinal Giudice, Archbishop of Monreal in Sicily, a -Neapolitan of much ambition and little scruple. The recognition of the -Archduke Charles as King of Spain by Clement XI, in 1709, had caused -relations to be broken off between Madrid and Rome. Philip dismissed the -nuncio, closed the tribunal of the nunciatura and forbade the -transmission of money to Rome. There was talk in the curia of reviving -the medieval methods of reducing disobedient monarchs to submission and -Philip, to prepare for the struggle, ordered, December 12, 1713, the -Council of Castile to draw up a statement of the regalías which would -justify resistance to the demands of the curia and to the jurisdiction -exercised by nuncios. It was a quarrel which had been in progress for a -century and a half, now breaking out fiercely and then smothered, but -none the less bitter. The Council entrusted the task to its fiscal, -Melchor Rafael de Macanaz, a hard-headed lawyer, fully imbued with -convictions of royal prerogative, whose report was, in general and in -detail, thoroughly subversive of Ultramontanism and consequently most -distasteful to the curia.[784] When it was presented to the council, -December 19th, Don Luis Curiel and some others prevented a vote and -asked for copies that they might consider the matter maturely. Copies -were given to each member, consideration was postponed and on February -14, 1714, Molines, the ambassador at Rome, reported that copies had been -sent there by Curiel, Giudice and Belluga, Bishop of Murcia. Although it -was a secret state paper, the curia issued a decree condemning it and, -coupled with it, an old work, Barclay's reply to Bellarmine and a French -defence of the royal prerogative by Le Vayer, attributed to President -Denis Talon. Such a decree could not be published in Spain without -previous submission to the Royal Council, but Giudice was relied upon to -evade this. He was nothing loath, for he had an old quarrel with -Macanaz, who had prevented his obtaining the archbishopric of Toledo, -his enmity being so marked that at one time Philip, to separate them, -had sent Macanaz to France with the title of ambassador extraordinary, -but without functions. At the moment Giudice was ambassador to France -and the decree was sent to him; he declined to act unless assured of the -protection of the courts of Rome and Vienna and, on receiving pledges of -this, he signed it, July 30th as inquisitor-general and sent it to the -Suprema for publication. Four of the members promptly signed it and had -it published at high mass in the churches on August 15th. This created -an immense sensation and exaggerated accounts were circulated of the -errors and heresies contained in the unknown legal argument which -Macanaz had prepared in the strict line of his duty. - -When Philip was informed the next day of this audacious proceeding he -called into consultation his confessor Robinet and three other -theologians, who submitted on the 17th an opinion in writing that the -Suprema should be required to suspend the edict and that Giudice should -be dismissed and banished. The Suprema obeyed, excusing itself on the -pretext that it had supposed, as a matter of course, that Giudice had -submitted the edict to the king. He was not satisfied with this and -dismissed three of them, but they refused to surrender their places. -Then he summoned a meeting of the Council of Castile, pointing out that, -if such things were permitted, the kingdom would be reduced to vassalage -under the Dataria and other tribunals of the curia; the Council was not -to separate until every member had recorded his opinion as to the -measures to be taken. Seven of them voted for dismissing and banishing -Giudice, while four showed themselves favorable to the Inquisition. -Meanwhile, on the 17th, Philip had despatched a courier to Paris -summoning Giudice to return and informing Louis XIV of the affair. The -latter, recognizing that the decree was an assault on the French as well -as the Spanish regalías, refused to Giudice a farewell audience and sent -his confessor Le Tellier to tell him that, were he not certain that -Philip would punish him condignly, he would do so himself. When Giudice -reached Bayonne he was met by an order not to enter Spain until the -edict should be revoked. He replied submissively, enclosing his -resignation, whereupon Philip commanded him to return to his -archbishopric--a command which he did not obey. Felipe Antonio Gil de -Taboada was appointed inquisitor-general and, on February 28, 1715, his -commission was despatched from Rome; probably the Suprema interposed -difficulties for he never served; he obtained the post of Governor of -the Council of Castile, to be rewarded subsequently with the -archbishopric of Seville.[785] - -[Sidenote: _THE INQUISITOR-GENERALSHIP_] - -Meanwhile there was a court revolution. María Luisa of Savoy, Philip's -wife, died February 11, 1714. The Princesse des Ursins, who had -accompanied her to Spain and had become the most considerable personage -in the kingdom, desired to find a new bride whom she could control. -Giulio Alberoni, an adroit Italian adventurer, was then serving as the -envoy of the Duke of Parma and persuaded her that Elisabeth Farnese, the -daughter of his patron, would be subservient to her, and the match was -arranged. December 11, 1714, Elisabeth reached Pampeluna and found -Alberoni there ready to instruct her as to her course and his teaching -bore speedy fruit. Des Ursins had also hastened to meet the new queen -and was at Idiaguez, not far distant, where she received from the -imperious young woman an order to quit Spain. Alberoni, who was in -league with Giudice and hated Macanaz, painted him to Elisabeth in the -darkest colors and his ruin was resolved upon. - -He had been pursuing his duty as Fiscal-general of the Council of -Castile; in July, 1714, he had occasion to make another report on the -notorious evils of the Religious Orders, pointing out the necessity of -their reform and asserting that the pope is not the master of -ecclesiastical property and spiritual profits. Some months later he was -called upon to draw up a complete reform of the Inquisition, suggested -doubtless by the pending conflict, for which an occasion was found in an -insolent invasion of the royal rights by the tribunal of Lima. The -Council of Indies complained that the latter had removed from the -administration of certain properties indebted to the royal treasury the -person appointed by the Chamber of Accounts, on the plea that the owner -was also a debtor to the Inquisition. Philip V thereupon ordered -Macanaz, in conjunction with D. Martin de Miraval, fiscal of the Council -of Indies, to make a report covering all the points on which the Holy -Office should be reformed. The two fiscals presented their report -November 14, 1714, exhaustively reviewing the invasions of the royal -jurisdiction which, as we shall see hereafter, were constant and -audacious, and their recommendations were framed with a view of -rendering the Inquisition an instrument for executing the royal will, to -the subversion of the jealously-guarded principle that laymen should be -wholly excluded from spiritual jurisdiction.[786] - -In the reaction wrought by Elisabeth and Alberoni, Macanaz was -necessarily sacrificed. Philip, notoriously uxorious, speedily fell -under the domination of his strong-minded bride and Alberoni became the -all-powerful minister. Giudice, who had been loitering on the borders, -was recalled and, on March 28, 1715, Philip abased himself by signing a -most humiliating paper, evidently drawn up by Giudice, reinstating the -latter and apologizing for his acts on the ground of having been misled -by evil counsel.[787] Alberoni and Giudice, however, were too ambitious -and too unprincipled to remain friends. Their intrigues clashed in Rome, -the one to obtain a cardinal's hat, the other to advance his nephew. -Alberoni had the ear of the queen and speedily undermined his rival. -Giudice was also tutor of the young prince Luis; on July 15, 1716, he -was deprived of the post and ordered to leave the palace and, on the -25th, he was forbidden to enter it. He fell into complete disfavor and -shortly left Spain for Rome, where he placed the imperial arms over his -door. His resignation must have followed speedily for, on January 23, -1717, the tribunal of Barcelona acknowledges receipt of an announcement -from the Suprema that the pope has at last acceded to the reiterated -requests of Cardinal Giudice to be allowed to resign and has appointed -in his place D. Joseph de Molines, as published in a royal decree of -January 9th.[788] Alberoni obtained the coveted cardinalate but his -triumph was transient. He replaced the king's confessor, Father Robinet -with another Jesuit, Father Daubenton, who soon intrigued against him so -successfully and so secretly that the first intimation of his fall was a -royal order, December 5, 1719, to leave Madrid within eight days and -Spain in three weeks. He vainly sought an audience of Philip and was -forced to obey.[789] - -[Sidenote: _THE INQUISITOR-GENERALSHIP_] - -Although the episode of Giudice is thus closed, the fate of Macanaz is -too illustrative of inquisitorial methods and of royal weakness to be -passed over without brief mention. He had incurred the undying hatred of -the Inquisition simply in discharge of his duty as an adviser of the -crown, with perhaps an excess of zeal for his master and an intemperate -patriotism that strove to restore its lost glories to Spain. It was -impossible to continue him in his high function while recalling Giudice -and, as a decent cover for banishment, he was allowed, in March, 1715, -to seek the waters of Bagnères for his health, when he departed on an -exile that lasted for thirty-three years to be followed by an -imprisonment of twelve. Giudice promptly commenced a prosecution for -heresy, sufficient proof of which, according to the standards of the -Holy Office, was afforded by his official papers. As he dared not -return, his trial _in absentia_ resulted, as such trials were wont to -do, in conviction, and he seems to have been sentenced to perpetual -exile with confiscation of all his property, including even five hundred -doubloons which the king was sending to him at Pau through a banker of -Saragossa. All his papers and correspondence in the hands of his friends -were seized and his brother, a Dominican fraile, whom the king had -placed in the Suprema, was arrested in the hope of obtaining -incriminating evidence.[790] - -Thenceforth he led a life of wandering exile, so peculiar that it is -explicable only by the character of Philip. He was in constant -correspondence with high state officials and was frequently entrusted -with important negotiations. Sometimes he was under salary, but it was -irregularly paid and for the most part he had to struggle with poverty. -When the Infanta María Ana Vitoria was sent back to Spain from France, -in 1725, he was commissioned to attend her to the border and from there -he went as plenipotentiary to the Congress of Cambray, with the -comforting assurance that the king was endeavoring to put an end to the -affair of the Inquisition--an effort apparently frustrated by the -influence of Père Daubenton.[791] It was possibly with a view to -overcome this fatal enmity that he occupied his leisure, between 1734 -and 1736, in composing a defence of the Inquisition from the attacks of -Dr. Dellon and the Abbé Du Bos. In this he had nothing but praise for -its kindliness towards its prisoners, its scrupulous care to avoid -injustice, the rectitude of its procedure and the benignity of its -punishments. Beyond these assertions, the defence reduces itself to -showing that, from the time when the Church acquired the power to -persecute, it has persecuted heretics to the death and that the heretics -in their turn have been persecutors--propositions readily proved from -his wide and various stores of learning and sufficient to satisfy a -believer in the _semper et ubique et ab omnibus_.[792] Ten years later, -when Fernando VI ascended the throne in 1746, Macanaz addressed him a -memorial on the measures requisite to relieve the misery of Spain and in -this he superfluously urged the maintenance of the Inquisition in all -its lustre and authority.[793] In spite of all this it was unrelenting -and his entreaties to be allowed to return were fruitless. - -In 1747 he was sent to the Congress of Breda where he mismanaged the -negotiations, deceived, it is said, by Lord Sandwich. Relieved and -ordered, in 1748, to present himself to the Viceroy of Navarre at -Pampeluna, after some delay he was carried to Coruña and immured -_incomunicado_ in a casemate of the castle of San Antonio, a prison -known as a place of rigorous confinement. Even the authorities there -compassionated him and, at their intercession, he was removed to an -easier prison and permitted the use of books and writing materials. -Here, during a further captivity of twelve years, the indomitable old -man occupied himself with voluminous commentaries on the _Teatro -crítico_ of Padre Feyjoo and the _España sagrada_ of Florez, with many -other writings and memorials to the king. It was not until the death of -the latter, in 1760, that Elisabeth of Parma, the regent and the cause -of his misfortunes, liberated him with orders to proceed directly to -Murcia. At Leganes he was greeted by his wife and daughter, with whom he -went to Hellin, his birth-place, where he died on the following November -2d, in his ninety-first year.[794] - -[Sidenote: _THE INQUISITOR-GENERALSHIP_] - -There is no record of any further exercise of royal control over -inquisitors-general until, in 1761, Clement XIII saw fit to condemn the -Catechism of Mesengui for its alleged Jansenism in denying the authority -of popes over kings. The debate over it in Rome had attracted the -attention of all Europe and the prohibition of the book was regarded as -a general challenge to monarchs. Carlos III had watched the discussion -with much interest, especially as the work was used in the instruction -of his son. He expressed his intention of not permitting the publication -of the prohibition but, by a juggle between the nuncio and the -inquisitor-general, Manuel Quintano Bonifaz, an edict of condemnation -was hastily drawn up of which copies were given to the royal confessor -on the night of August 7th. They did not reach the king at San Ildefonso -until the morning of the 8th, who at once despatched a messenger to -Bonifaz ordering him to suspend the edict and recall any copies that -might have been sent out. Bonifaz replied that copies had already been -delivered to all the churches in Madrid and forwarded to nearly all the -tribunals; to suppress it would cause great scandal, injurious to the -Holy Office, wherefore he deeply deplored that he could not have the -pleasure of obeying the royal mandate. Carlos was incensed but contented -himself with ordering Bonifaz to absent himself from the court; he -obeyed and, in about three weeks, made an humble apology, protesting -that he would forfeit his life rather than fail in the respect due to -the king. Carlos then permitted him to return and resume his functions -and, when the Suprema expressed its gratitude, he significantly warned -it to remember the lesson.[795] He took warning himself and, on January -18, 1762, he issued a pragmática systematizing the examination of all -papal letters before issuing the royal exequatur which permitted their -publication.[796] - -Carlos III had no further occasion to exercise his prerogatives but it -was otherwise with Carlos IV. His first appointee, Manuel Abad y la -Sierra, Bishop of Astorga, who assumed office May 11, 1793, had but a -short term, for he was requested to resign in the following year. His -successor, Francisco Antonio de Lorenzana, Archbishop of Toledo, who -accepted the post September 12, 1794, was not much more fortunate, -although his enforced resignation, in 1797, was decently concealed under -a mission to convey to Pius VI the offer of a refuge in Majorca. He was -followed by Ramon José de Arce y Reynoso, Archbishop of Saragossa, who -resigned March 22, 1808, four days after the abdication of Carlos IV in -the "tumult of lackeys" at Aranjuez, probably to escape his share of the -popular odium directed against the favorite Godoy.[797] During the -short-lived revival of the Inquisition under the Restoration, its -dependence on the royal power was too great for differences to arise -that would provoke assertions of the prerogative. - - * * * * * - -[Sidenote: _THE SUPREMA_] - -The relations of the crown with the Suprema were originally the same as -with the other royal councils. The king appointed and removed at will -although, as the members came to exercise judicial functions, it was -necessary for the inquisitor-general to delegate to them the papal -faculties which alone conferred on them jurisdiction over heresy. -Ferdinand exercised the power of appointment and removal and, as his -orders were requisite for the receivers of confiscations to pay their -salaries, it is scarce likely that anyone had the hardihood to raise a -question.[798] We have seen how he forced the members to accept as a -colleague Aguirre though he was a layman, how Ximenes when governor of -Castile removed him and Adrian reinstated him. The earliest formula of -commission that I have met is of the date of 1546; it bears that it is -granted by the inquisitor-general, who constitutes the appointee a -member and invests him with the necessary faculties, and it is moreover -countersigned by the other members.[799] In this there is no allusion to -any nomination by the king, although the appointment lay in his hands. -In 1573 the Venitian envoy Leonardo Donato so states, adding that the -popes felt very bitterly the fact that they had no participation in it; -they had repeatedly tried to secure the membership of some one dependent -upon them, such as the nuncio, but Philip would not permit it; the -council did nothing without his consent, tacit or expressed.[800] At -some period, not definitely ascertainable, the custom arose of the -inquisitor-general presenting three names from among which the king made -selection. At first the number of members was uncertain, but it came to -be fixed at five, in addition to the inquisitor-general. To these Philip -II added two from the Council of Castile; as these were sometimes -laymen, he finally had scruples of conscience and, in his instructions -to Manrique de Lara, in 1595, he tells him that when there are fitting -ecclesiastics in the Council of Castile they are to be proposed to him -for selection; if there are not, it is to be considered whether a papal -brief should be procured to enable them to act in matters of faith.[801] -These adventitious members came to be known as _consejeros de la tarde_, -as they attended only twice a week and in the afternoon sessions of the -body, where its secular business was disposed of, and thus they took no -share in matters of faith. Their salary was one-third that of the -others. - -The royal authority was emphatically asserted when, in 1614, Philip III -ordered that a supernumerary place should be made for his confessor Fray -Aliaga, with precedence over his colleagues and a salary of fifteen -hundred ducats; also that when the royal confessor was a Dominican he -should always have this place and, when he was not, that it should be -given to a Dominican. The Suprema accepted Aliaga but demurred to the -rest, when Lerma peremptorily ordered it to be entered on the records; -there were murmurings followed by submission. After the accession of -Philip IV, he ordered the Council to make out a commission for his -confessor, the Dominican Sotomayor, to which there was ineffectual -opposition.[802] The rule held good. Soon after the Inquisition was -reorganized under the Restoration, Fernando VII, July 10, 1815, -appointed his confessor, Cristóbal de Bencomo, a member to serve without -salary for the time but with the reversion of the first vacancy and all -the honors due to his predecessors; he had the seat next to the dean and -when the latter died, February 16, 1816, he took his position and -salary.[803] Philip V ordered that a seat should always be occupied by a -Jesuit; this of course lapsed with the expulsion of the Jesuits in 1767, -after which Carlos III, in 1778, provided that the Religious Orders -should have a representative by turns.[804] - -[Sidenote: _THE SUPREMA_] - -The royal power of appointment was not uncontested and gave rise to -frequent debates. Philip IV sometimes yielded and sometimes persisted; -occasionally the question was complicated and papal intervention was -hinted at.[805] A decisive struggle came in 1640, in which the Suprema -chose its ground discreetly. It suited Olivares to appoint Antonio de -Aragon, a youthful cleric and the second son of the Duke of Cardona. -Anticipating resistance, Philip announced the nomination imperiously; -Don Antonio must be admitted the next day as he was about to start for -Barcelona and any representations against it could be made subsequently. -The Suprema replied that the inquisitor-general could not make the -appointment and if he did so it would be invalid; Don Antonio was less -than thirty years old; the canons require an inquisitor to be forty, -although Paul III had reduced for Spain, the age to thirty; members of -the Suprema were inquisitors and it was only as such that they sat in -judgement without appeal in cases of faith. To this Philip rejoined that -Olivares would report the efforts he had made to quiet his conscience in -view of the great public good to result from the appointment, wherefore -he expected that possession would be given to Don Antonio without delay. -Matters went so far that the Duchess of Cardona wrote to her son to -abandon the effort but the royal command prevailed; he obtained the -position and in the following year he was made a member of the Council -of State; he was already a member of the Council of Military Orders and -the whole affair gives us a glimpse of how Olivares governed Spain.[806] -Having thus asserted his prerogative, Philip, in 1642 and the early -months of 1643, made four appointments without consultation. The -remonstrances of the Suprema must have been energetic for Philip yielded -and, in a decree of June 26 (or July 2), 1643, he agreed that the old -custom of submitting three names should be renewed, with the innovation -that the Suprema should unite in making the recommendations. Against -this the inquisitor-general protested, but in vain. It was probably to -make an offset to these royal nominees that, November 10, 1643, the -inquisitor-general and Suprema asked that their fiscal should have a -vote, which Philip refused.[807] The rule continued of submitting three -names for selection, but the participation of the Suprema in this seems -to have been dropped. The royal control, moreover asserted itself in the -case of Froilan Díaz when, by decree of November 3, 1704, Philip V -reinstated three members, Antonio Zambrana, Juan Bautista Arzeamendi and -Juan Miguélez, who had been arbitrarily ejected and jubilado by -Inquisitor-general Mendoza, ordering moreover that they should receive -all arrears of salary.[808] - - * * * * * - -While thus the crown continued to exercise the right of selecting the -heads of the Inquisition, its practical control was greatly weakened by -one or two changes which established themselves. Of these perhaps the -most important was the claim of the Suprema to interpose itself between -the king and the tribunals, so that no royal commands to them should be -obeyed unless they should pass through it, thus rendering the -inquisitors subject to itself alone and not to the sovereign. In a -government theoretically absolute this was substituting bureaucracy for -autocracy and, when the example was followed, though at a considerable -distance, by some of the other royal councils, it at times produced -deadlocks which threatened to paralyze all governmental action. - -We have seen that, towards the end of Ferdinand's reign, his letters to -the tribunals were sometimes countersigned by members of the Suprema, -but that this was not essential to their validity and, when there was an -attempt to establish such a claim, he was prompt to vindicate his -authority. A royal cédula of October 25, 1512, gave certain instructions -as to the manumission of baptized children of slaves whose owners had -suffered confiscation. There was no question of faith involved, but -when, in 1514, Pedro de Trigueros applied to the inquisitors of Seville -to be set free under it, they refused on the ground that it had not been -signed by the Suprema. He appealed to Ferdinand who promptly ordered the -inquisitors to obey it; if they find Pedro's story to be true they are -to give him a certificate of freedom and meanwhile are to protect him -from his master, who was seeking to send him to the Canaries for -sale.[809] The claim which Ferdinand thus peremptorily rejected was -persistently maintained during the period of confusion which followed -his death. Whether it received positive assent from Charles is more than -doubtful, although the Suprema so asserts in a letter of July 27 1528, -ordering inquisitors to examine whether a certain royal cédula had been -signed by its members, for the kings had ordered that none should be -executed in matters connected with the Inquisition unless thus -authenticated--thus basing the claim on the royal will and not on any -inherent right of the Holy Office.[810] So complete was the autonomy -thus established for the organization that a _carta acordada_ or -circular of instructions May 12, 1562, tells the tribunals that, if an -inquiry from the king comes to them through any other council, they are -to reply that if the king desires the information it will be furnished -to him through the inquisitor-general or the Suprema.[811] - -[Sidenote: _THE SUPREMA_] - -The far-reaching importance of this principle can scarce be exaggerated. -One of its results will be seen when we come to consider the complaints -and demands of the Córtes and find that _fueros_ directed against -inquisitorial aggressions, in purely civil matters, when agreed to by -the king were invalid without confirmation by the inquisitor-general. A -single instance here will suffice to show the working of this. In 1599 -various demands of the Córtes of Barcelona were conceded by Philip III. -One regulated the number of familiars, which Philip promised that he -would induce the inquisitor-general to put into effect, within two -months if possible. Another provided that all officials, save -inquisitors, should be Catalans; he agreed to charge the -inquisitor-general and Suprema to observe this and he would get it -confirmed by the pope. Another was that, in the secular business of the -tribunal, the opinion of the Catalan assessor should govern, because he -would be familiar with the local law; this he accepted and promised, in -so far as it concerned the inquisitor-general and Suprema, to charge -them to give such orders to the tribunal. Another was that commissioners -and familiars should not be "religious," to which his reply was the -same. Another required the inquisitor-general to appoint a resident of -Barcelona to hear appeals in civil cases below five hundred libras; -this he said was just and he would charge the inquisitor-general to do -so. After this, in fulfilment of his plighted word, he addressed the -inquisitor-general in terms almost supplicatory "I charge you greatly -that for your part you condescend and facilitate that what they have -supplicated may be put in execution, in conformity with what I have -conceded and decreed in each of these articles, which will give me -particular contentment." Not the slightest attention was paid to this -request and, on May 6, 1603, Philip repeated it "As until now it is -understood that not a single thing contained in it has been put in -execution and, as I desire that it be enforced, I ask and charge you to -condescend to it and help and facilitate it with the earnestness that I -confidently look for."[812] This second appeal was as fruitless as the -first and the Catalans gained nothing. It is true that, in 1632, the -Barcelona tribunal, in a memorial to Philip IV, asserted that Philip III -had only assented to these articles to get rid of the Catalans and that -he wrote privately to the pope asking him not to confirm them.[813] - -This case may have been mere jugglery and collusion, but in general it -by no means followed that royal decrees sent to the Suprema for -transmission were forwarded. If it objected, it would respond by a -consulta arguing their impropriety or illegality, and this would, if -necessary, be repeated three or four times at long intervals until, -perhaps, the matter was forgotten or dropped or some compromise was -reached. The privilege that all instructions must be transmitted through -the Suprema was therefore one of no little importance and it was -insisted upon tenaciously. There was a convenient phrase invented which -we shall often meet--_obedecer y no cumplir_--to obey but not to -execute, which was very serviceable on these occasions. In 1610 the -Suprema argued away a cédula of Philip III as invalid because it had -been despatched through the Council of State and the king was repeatedly -told to his face that the laws required his cédulas to be countersigned -by the Suprema in order to secure their execution. This was done to -Philip IV, in 1634, when he intervened in a quarrel and, in 1681 to -Carlos II when there were difficulties threatened with foreign nations -arising from abuses committed in examining importations in search of -forbidden books.[814] As the questions calling for royal interposition -as a rule affected only the wide secular and not the spiritual -jurisdiction of the Inquisition, this created conditions unendurable in -any well-organized government. - - * * * * * - -Another change which conduced greatly to the independence of the -Inquisition was the control which it acquired over its finances. We have -seen that, under Ferdinand, the confiscations and pecuniary penances -belonged to the crown and that the salaries and expenses were paid by -his orders. The finances of the Inquisition will be discussed hereafter -and meanwhile it suffices to say that, after his death and the exuberant -liberality of Charles to his Flemish favorites during his first -residence in Spain, the diminishing receipts from these sources caused -them to be virtually assigned to defraying the expenses of the -Inquisition and they were no longer regarded as a source of supply to -the royal treasury. Still, the money belonged to the crown and the -Inquisition enjoyed it only under the authority and by virtue of the -bounty of the sovereign. - -[Sidenote: _FINANCIAL INDEPENDENCE_] - -The growth of control over income and of virtual financial independence -was gradual and irregular. Even Ferdinand, in his watchful care over his -receivers of confiscations, felt the need of some central auditor and it -seemed natural that he should be an official of the Suprema. Accordingly -as early as 1509 we find a "contador general" in that position. In 1517 -there are two officers, a contador and a receiver-general and, in 1520, -the two are merged into one.[815] When, in 1513, Bishop Mercader was -made inquisitor-general of Aragon he desired a statement from all -receivers of their receipts and payments and of the property remaining -in their hands and Ferdinand ordered them to comply, alluding to it as -usual on the entrance of a new inquisitor-general.[816] This inevitably -ripened into the transfer to that official of the control over receivers -which Ferdinand had exercised, so that in place of being royal officials -they became virtually officers of the Inquisition and eventually were -designated as treasurers. By 1544 we find the Suprema to be the final -court of revision of all the receivers of the local tribunals, whose -accounts were rendered to it and audited by it.[817] - -Still, in theory the money belonged to the crown and its disbursement -could only be made under royal authority. The order for the payment of -the _ayuda de costa_ of the Suprema, July 21, 1517, was drawn in the -name of _la reyna y el rey_--Juana and Charles.[818] After Charles -reached Spain, in September of that year he made grants from the -confiscations with a profusion that threatened to bankrupt the -Inquisition, and if we find Adrian and the Suprema also occasionally -issuing orders for payments it was undoubtedly under powers granted by -Charles.[819] When Charles left Spain, May 20, 1520, he gave Adrian a -general faculty for this purpose, but it seems to have been called in -question, for he found it necessary to send from Brussels, September -12th, a cédula to all receivers confirming it and stating that Adrian's -orders, signed by members of the Suprema, would be received as vouchers -by the auditor-general. Under this the Suprema exercised full authority -over the funds collected by all the receivers and disposed of them at -its pleasure. When Charles returned he presumably resumed control and, -after his marriage with Isabel of Portugal, during his frequent -absences, he left the power in her hands until her death May 1, -1539.[820] When he saw fit, moreover, he claimed and received a share of -the spoils. A letter of Cardinal Manrique, June 17, 1537, shows that a -portion of the proceeds of a certain auto de fe had been paid to him and -another of October 11th, of the same year, addressed to him at the -Córtes of Monzon, reinforces an appeal not to sacrifice the interests of -the Inquisition to the Aragonese demands, with the welcome news that the -receiver of Cuenca had arrived with the ten thousand ducats for which he -had asked from the confiscations of that tribunal.[821] - -Charles's hasty departure in November, 1539, to quell the insurrection -of Ghent left matters in some confusion. The Suprema, on March 20, 1540, -wrote to Chancellor Granvelle that cédulas for the salaries, under the -crown of Aragon, were always signed by the emperor and that the -inquisitor-general could not do it; they had sent him a power for -execution similar to that given to Cardinal Adrian but he had refused to -sign it, saying that they could do as under Cardinal Manrique, -forgetting that there had been the empress who always signed the -cédulas, wherefore they ask him to get the emperor to sign the power. He -doubtless did so, for an order, June 12th, on the receiver of Valencia -to send fifteen hundred ducats for the salaries of the Suprema purports -to be by virtue of a special power granted by their majesties. On -Charles's return he again assumed control and when he went to Italy, in -1543, he left Philip as regent, while during the absence of Philip there -were successive regents who signed cédulas as called for by the -Suprema.[822] - -Yet, in spite of these formalities, the control of the crown was -becoming scarcely more than nominal. It is true that, in 1537, Cardinal -Manrique declared that he could not increase salaries without the royal -assent but, when the crown undertook any exercise of power, the little -respect paid to its commands is seen in the fate of an application made -in 1544, by Juan Tomás de Prado, notary of the tribunal of Saragossa, to -Prince Philip for an _ayuda de costa_ of three hundred ducats. Philip -ordered his prayer to be granted, but the death of Inquisitor-general -Tavera served as a convenient pretext for disregarding the command. It -was repeated, for the same amount, January 11, 1548, and finally, on -June 4th, Inquisitor-general Valdés authorized the payment of a hundred -ducats.[823] - -[Sidenote: _FINANCIAL INDEPENDENCE_] - -To perfect the absolute control of the confiscations, thus gradually -assumed, it was necessary to keep the crown in ignorance of their -amount. Its right to them was incontestable, and the Inquisition -deliberately abused the confidence reposed in it when their collection -was left in its hands. The less the king was allowed to know, the less -likely he was to claim his share and the policy was adopted of deceiving -him. As early as 1560 we have evidence of this in a letter to the -inquisitors of Sicily instructing them, when reporting autos de fe to -the king, to suppress all statements as to the confiscations, but to -report them to the Suprema so that it may determine how far to inform -him. This was doubtless a general mandate to all the tribunals; it was -repeated in instructions of 1561 and we shall see that it became a -settled practice.[824] This systematic concealment was the more -indefensible from the fact that the Inquisition was now obtaining funds -from other sources than confiscations. We shall see hereafter how it -utilized the scare caused by the discovery of Protestantism in -Valladolid and Seville in 1558, with the plea of additional expenses -thus caused, to obtain from Paul IV a levy of a hundred thousand gold -ducats on the revenues of the clergy and the more permanent endowment of -a canonry to be suppressed for its benefit in every cathedral and -collegiate church. A large portion of the inquisitors, moreover already -held canonries and other benefices for which, under a brief of Innocent -VIII, February 11, 1485, they were dispensed for non-residence.[825] The -burden of the Holy Office was thus thrown largely on the ecclesiastical -establishment, which remonstrated and resisted but was compelled to -submit. It could thus look with equanimity on the shrinkage of the -confiscations. In Valencia, an agreement was reached, in 1571, by which -the Moriscos compounded for them with an annual payment to the tribunal -of twenty-five hundred ducats.[826] The Judaizing heretics had been -largely eliminated, especially the more wealthy ones, and it was not -until some years after the conquest of Portugal, in 1580, that the -influx of Portuguese New Christians brought a new and profitable -harvest. - -All this tended to the financial independence of the Inquisition -although the crown by no means abandoned its claim on the confiscations. -A book of receipts given by the royal representative in Valencia for the -proceeds of the confiscations in 1593 shows that, under the financial -pressure of the time, Philip II was reasserting his rights.[827] The -treasury was empty when Philip III succeeded to the throne in 1598 and, -among his expedients to raise money, he ordered the receivers of the -tribunals to send to him all the funds in their hands, promising speedy -repayment. The Suprema had no faith in the royal word and instructed -the tribunals to retain enough to meet their own wants. The obedience of -the tribunals was by no means prompt and the Suprema was obliged to -order Valencia to comply with the royal demand and to furnish an oath -that no money was left.[828] - -In the earlier years of Philip IV the tendency of the Inquisition to -emancipate itself from royal control grew rapidly. We shall see -hereafter that when, in 1629, the king called for a statement of -salaries and perquisites the Suprema equivocated and suppressed nearly -all the information required. Still more significant was its attitude -respecting the colonial tribunals, which the king supported under an -annual expenditure of thirty thousand pesos, with the understanding that -this should cease when the confiscations should become sufficient. -These, which had been small at first, rapidly increased in the -seventeenth century and were enormous between 1630 and 1650, when the -whole trading communities of Peru and Mexico were shattered, enabling -the tribunals to make permanent investments that rendered them wealthy, -besides sending heavy remittances to the Suprema, which moreover seized -the goods and credits in Seville of the colonial Judaizers. In addition -to this, in 1627, a prebend in each cathedral was suppressed for the -benefit of the tribunals. Yet the salaries were still demanded of the -royal treasury and the repeated efforts of Philip III and Philip IV, -from 1610 to 1650, to obtain statements of the receipts from -confiscations and pecuniary penances were completely baffled. That was -an inviolable secret which no royal official was allowed to penetrate. -It is true that the colonial tribunals, on their side, adopted the same -policy in concealing, as far as they could, from the Suprema the extent -of their own gains.[829] - -[Sidenote: _DEMANDS OF THE CROWN_] - -Yet, in the ever-increasing distress of the crown, demands were made -upon the Inquisition, as on all other departments of government, demands -which it was forced to meet. Thus, for the ten years, 1632 to 1641 -inclusive, an annual sum of 2,007,360 mrs. was required of it, to aid in -defraying the cost of garrisons and fleet, and a statement of October -11, 1642, shows that it had paid the aggregate of 11,583,110 in vellon -and 18,700 in silver, leaving a balance still due of 8,474,790.[830] -Evidently there was good reason for concealing its revenues. In the -frightful confusion of the finances which followed the revolution of -Portugal and the revolt of Catalonia, in 1640, while Spain was -heroically battling for existence against France and its rebellious -subjects, the demands were varied and incessant--sometimes for sums so -small as to reveal the absolute penury of the State--and Philip's -impatient urgency, as he chafed under the dilatoriness of the responses, -shows the desperate emergencies in which he was involved. In 1643 a -royal decree of February 16th ordered all officials to send their silver -plate to the mint, a watch being kept and a report made so as to see -that each sent a quantity proportioned to his station. To a complaint of -delay in performance the Suprema replied that those who had sent in -their silver could get no satisfaction from the mint--the delays were -such that the promptitude required by the king was impossible.[831] - -Even more arbitrary was the seizure, in 1644 at Seville, of a remittance -of 8676 ducats in silver, a remittance from the colonial tribunals to -the Suprema. In protesting against this the Suprema, February 29th, gave -a deplorable account of its condition, owing to the demands made upon it -by the king. On the 10th he had called upon it for 16,000 ducats which -it would be wholly unable to raise if deprived of the silver that had -been seized. It was already short in 7,724,843 mrs. of its annual -expenses and the provincial tribunals were short 5,318,000, for it had -impoverished them to meet the royal demands. Last year it had sold a -censo of 18,000 ducats belonging to the tribunal of Saragossa, which was -beseeching its return. It had also given the king 10,000 ducats for the -cavalry and to raise this amount it had taken the sequestrations in the -tribunal of Seville--a sacred deposit--including 20,000 ducats' worth of -wool, the owners of which, having been acquitted, were besieging it for -their money. This dolorous plaint was effective in so far that the -seizure at Seville was credited on account of the demand for 16,000 -ducats.[832] How much of it was true we can only guess, for the -Inquisition had means of raising money outside of its judicial -functions. When, in 1640, the king summoned its familiars and officials -to render military service like the nobles, the Suprema arranged that -they should buy themselves off, and from this source was chiefly raised -40,000 ducats expended on two companies of horse, in return for which, -by a cédula of September 2, 1641, the king promised to maintain -inviolate the privileges and exemptions of the familiars and -officials.[833] - -These instances, out of many, will suffice to show how the crown, in its -days of distress, was recouping itself for abandoning the spoils of the -heretics. In time these special and arbitrary demands were systematized -into an annual requirement of fifty horses, estimated at an outlay of -about 5500 ducats and the raising and equipping of two hundred foot, -costing 8000 ducats. The Suprema was in no wise prompt in meeting these -demands; a cédula of June 24, 1662, tells it that what is due for the -present year as well as the previous arrears, must be paid at once, -otherwise an inventory of its property must be given to the president of -the treasury, who will raise the money on it.[834] Subsequently there -was a feeble attempt to return some of these contributions and, in each -of the years 1673 and 1674, a trifling payment was made of 10,000 reales -vellon, but, in 1676, the Suprema stated to Carlos II that in all it had -furnished for remounts of horses 90,000 ducats vellon and 10,000 in -silver and that its total assistance to the crown had amounted to no -less than 800,000 pesos, equivalent to over 500,000 ducats, to -accomplish which the salaries in many tribunals had been unpaid and -vacancies of necessary offices had remained unfilled.[835] Still, as we -shall have occasion to see, the Suprema always had money, not only for -an undiminished pay-roll but for perquisites and amusements. - -[Sidenote: _CLAIM ON THE CONFISCATIONS_] - -The crown could not accept this assistance, however grudgingly rendered, -without a sacrifice of its supremacy and the Inquisition came to treat -with it as with an independent body. About this time the Suprema happens -to mention, in a letter to the tribunal of Lima, that it had lent the -king 40,000 pesos, of which 10,000 came from Peru and 30,000 from Mexico -and that the Count of Medellin had become security for the return of the -loan, as though it were a banker dealing with a merchant.[836] Yet all -parties knew that these colonial remittances were derived from -confiscations, the ownership of which the crown had never relinquished. -This is the more noteworthy because, about this time, the king suddenly -asserted his claims on some large sums which could not be wholly -concealed. In 1678 the tribunal of Majorca unexpectedly made a -successful raid on the whole New Christian population of Palma and, in -the early months of 1679, there were more than two hundred penitents -reconciled. As they constituted the active trading element of the place -the confiscations were enormous and the affair attracted too much -attention to be hidden. As soon as the news came of the arrests, the -king wrote, May 20, 1678, to the viceroy to look carefully to the -sequestrations because, in case of confiscation, the proceeds belonged -to the treasury. The Suprema, however, made him hold his hands off with -direful threats and kept control of the liquidation. After the -condemnations, a consulta of July 5, 1679, shows that 50,000 pesos had -already been paid to the king, but that the Inquisition was resolved to -have its full share. In November the king acceded to a compromise under -which 200,000 pesos were to be used to endow certain tribunals and to -cancel certain loans made to him by the Inquisition--probably those just -alluded to. The balance coming to him was estimated at 250,000 pesos -but, in the handling of the assets and the settlements with creditors, -the property melted away till the Suprema reported that it barely -sufficed to meet the portion assigned to the Inquisition and finally, in -1683, the king had to content himself with 18,000 pesos spent on the -fortifications of Majorca and the payment to him of 2000, which the -Suprema assured him that it advanced at considerable risk to -itself.[837] - -The secretiveness so carefully observed undoubtedly had its advantages -or it would not have been so persistently claimed as a right. In a -consulta of 1696 the Count of Frigiliana states that, when he was -viceroy of Valencia, he had in vain endeavored to get from the tribunal -a statement of its affairs and he asked the king whether or not the -Inquisition possessed the privilege of rendering no account of its -assets and income.[838] At length the quarrel between Inquisitor-general -Mendoza and his colleagues, in the case of Froilan Díaz, and his -banishment to his see in 1703, gave opportunity for royal intervention -and investigation. The War of Succession had deranged the finances of -the Inquisition and it had appealed to the king for help. He required a -statement of the pay-rolls, investments and revenues of all the -tribunals, which was furnished March 9, 1703, after which, on May 27th, -he issued a decree declaring that he must put an end to the abuses and -disorders which had crept into the administration and disbursement of -its property, in order to relieve the embarrassment of which it -complained. He therefore annulled all commissions and appointments -without obligation of service, granted by the inquisitor-general, -whether within or outside of Spain. The papers of all jubilations, new -places and gratuities created or granted since the time of Valladares -(1695) were to be placed in his hands. In no case thereafter should the -inquisitor-general jubilate any official of the Suprema or local -tribunal without consulting him, and any such act issued without a -previous royal order was declared void. No _ayuda de costa_ or grant -exceeding thirty ducats vellon, for a single term, was to be made -without awaiting his decision and this decree was to be placed in the -hands of all receivers or treasurers for their guidance. It was so -transmitted June 8th, with strict orders for its observance. This was a -resolute assertion of the royal control over the finances of the -Inquisition and it held good, in theory at least, however much it may -have been eluded in practice. About the middle of the eighteenth century -a systematic writer describes it as still in force and states that no -salaries can be increased without the royal approval. It so continued to -the end and, under the Restoration, an order from the king, -countersigned by the Suprema, was requisite for any extraordinary -disbursement.[839] - -[Sidenote: _FINES AND PENANCES_] - -Philip also reasserted and made good the right of the crown to the -confiscations, by claiming a percentage of the rentals of all -confiscated property, but he listened to appeals from the tribunals and, -in 1710, we hear of Saragossa and Valencia being practically restored to -their enjoyment, a liberality which was doubtless followed with regard -to the others. In 1725 Valencia expressed its fear that the alliance -with Austria against England, France and Prussia would result in its -having to restore the confiscations, and the blow seems to have fallen -for, in 1727, the suprema, in a consulta of December 9th, describing the -poverty of Saragossa, attributes it to the king having taken away the -confiscations which he had granted. With the gradual amelioration in the -Spanish finances, this source of revenue must have been restored, for, -in 1768, the Inquisition is described as enjoying the confiscations -which the pious liberality of the monarchs had bestowed.[840] - - * * * * * - -There were other sources of revenue--rehabilitations or dispensations -from the sanbenito and disabilities, commutations of punishment and the -pecuniary penances known as _penas y penitencias_. All these will be -considered hereafter, but a few words may be said as to the latter in -their relation with the royal authority. - -The penitents who were reconciled under Edicts of Grace were not subject -to confiscation, but were punished with fines under the guise of -pecuniary penance, at the discretion of the inquisitor. We have seen -(pp. 169-70) how numerous these were and we can conjecture how large -were the sums thus exacted, for penances of a half or a third of the -penitent's property were not uncommon. Similar fines also usually -accompanied sentences that did not embrace confiscation and formed a -continual although fluctuating source of revenue. Sometimes there were -special officials for their collection but, when this was entrusted to -the receivers of confiscations, they were instructed to keep a separate -account of them, as the two funds were held to be essentially different -and, as a rule, were to be employed for different purposes. - -In the earliest Instructions of 1484, these pecuniary penances are said -to be imposed as a _limosna_, or alms, to aid the sovereigns in the -pious work of warring with the Moors, but, in the Instructions issued a -few months later by Torquemada, this is modified by ordering them to be -placed in the hands of a trustworthy person and reports to be made to -him or to the king, in order that they may be spent on the war or in -other pious uses or in paying the salaries of the Inquisition.[841] -Both the destination and the control of these funds were thus left -undetermined and they so continued for some years. In 1486 we find -Ferdinand giving orders for sums from this source for various uses--for -the war with Granada, to pay the salaries of a lay judge, to pay -expenses of a tribunal of the Inquisition, to repay Luis de Santangel -for advances made to tribunals; in one case his tone is apologetic and -he asks Torquemada to confirm the order, in others his command is -absolute.[842] - -This indicates the uncertainty which existed both as to the use and the -control of the pecuniary penances. So long as lasted the war with -Granada, whatever was taken by the crown might be regarded as devoted, -directly or indirectly, to that holy object, but when the conquest was -achieved, in January, 1492, that excuse no longer existed and doubtless -the inquisitors looked with jealousy upon the diversion to secular -objects of the proceeds of their pious labors. The confiscations -unquestionably belonged to the crown, but the penances were spiritual -funds which for centuries had always enured to the Church. There must -have been a sustained effort to withhold them from the royal -acquisitiveness, to which Ferdinand was not disposed to yield, for he -procured from Alexander VI, February 18, 1495, a brief directing the -inquisitors to hold all such moneys subject to the control of the -sovereigns, to be disposed of at their pleasure. Even this was resisted -and Ferdinand and Isabella complained to the pope that they were unable -to compel an accounting of the sums received or to collect the amounts, -to correct which Alexander issued another brief, March 26, 1495, -commissioning Ximenes, then Archbishop of Toledo, to enforce accounting -and payment by excommunication and other censures.[843] - -[Sidenote: _FINES AND PENANCES_] - -This was equally ineffective. There was a privacy and simplicity in the -imposition and collection of a penance very different from the procedure -of sequestration and confiscation, and Ferdinand, at least for a time, -abandoned the struggle. This is manifested by a clause in the -Instructions of 1498, enjoining on inquisitors not to impose penances -more heavily than justice requires in order to insure the payment of -their salaries,[844] and the principle was formally recognized by -Ferdinand and Isabella in a cédula of January 12, 1499, reciting that, -although they held a papal brief placing at their disposal all moneys -arising from penances, commutations and rehabilitations, yet they grant -to the inquisitors-general all collections from these sources, both in -Castile and Aragon, to be used in paying salaries, disbursements being -made only on their order.[845] - -Ferdinand, however, was not disposed to relax, on any point, his control -over the Inquisition and, on April 10th of the same year, we find him -forbidding the levying of penances on the members of a town-council for -fautorship of heresy--doubtless a speculative infliction for some -assumed neglect in arresting suspects. In 1501 his renunciation is -already forgotten and he is making grants from the penances as -absolutely as ever--even empowering Inquisitor-general Deza to use those -of Valencia, to the extent of a hundred ducats a year for the salary of -Jaime de Muchildos, the Roman agent of the Inquisition.[846] So, in -1511, we find him granting to Enguera, Inquisitor-general of Aragon, a -thousand libras out of the penances to defray the expenses of his bulls -for the see of Lérida and authorizing him to pay from them an _ayuda de -costa_ of two hundred ducats to Joan de Gualbes, a member of the -Aragonese Suprema. Then, in 1514, he places all the penances -unreservedly at the disposal of Inquisitor-general Mercader to be -employed on the salaries and other necessary expenses of the Inquisition -of Aragon. This seems to have been final. After his death, instructions -sent to the tribunal of Sicily assume that the inquisitor-general has -sole and absolute control. It was the same in Castile. Instructions -issued by Ximenes, in 1516, direct the receiver-general, who was an -officer of the Suprema, to collect the penances from the receivers of -the tribunals, who were to keep them in a separate account and not to -disburse them without an order from the inquisitor-general. After this -we find the Suprema in full control.[847] - -There is virtually no trace of any interference subsequently by the -crown, and the Inquisition found itself in possession of an independent -and by no means inconsiderable source of revenue which it could levy, -almost at will, from those who fell into its hands. The only exception -to this that I have met is that Philip IV, in his financial distress, by -a decree of September 30, 1639, claimed and collected twenty-five per -cent. of fines, but he scrupulously limited this to those inflicted in -cases not connected with the faith--that is, in the exercise of the -royal jurisdiction, civil and criminal, enjoyed by the Inquisition in -matters concerning familiars and other officials.[848] - - * * * * * - -[Sidenote: _IRRESPONSIBILITY_] - -Though, as we have seen, the independence of the Inquisition, as a -self-centered and self-sustaining institution in the State, varied with -the temper and the necessities of the sovereign, there was a time when -it seemed as though it might throw off all subjection and become -dominant. But for the prudence of Ferdinand, in insisting upon the power -of appointment and dismissal, this might have happened in the temper of -the Spanish people, trained to an exaltation of detestation of heresy -which to us may well appear incomprehensible. There is no question that, -under the canon law, kings, like their subjects, were amenable to the -jurisdiction of the Inquisition and that they held their kingdoms on the -tenure not only of their own orthodoxy but of purging their lands of -heresy and heretics. The principles which had been worked so effectually -for the destruction of the Houses of Toulouse and of Hohenstaufen and -under which Pius V released the subjects of Queen Elizabeth from their -allegiance, in 1570, were fully recognized in Spain as vital to the -faith.[849] But beyond this the Spaniards, in the exuberance of their -religious ardor, boasted that their national institutions conditioned -orthodoxy as necessary to their kingship. Even when the seventeenth -century was well advanced, a learned and loyal jurisconsult tells us -that, from the time of the sixth Council of Toledo, in 638, their -monarchs had imposed on themselves the law that, if they fell into -heresy, they were to be excommunicated and exterminated; that Ferdinand, -in 1492, had renewed this law and that he had instituted that most -severe tribunal the Inquisition and had sanctioned that, in view of the -Toledan canon, all kings in future should be subject to it.[850] Even -Spanish loyalty could not have been relied upon to sustain a king -suspect of heresy, against the claims of the Holy Office to try him in -secret, and suspicion of heresy was a very elastic term. Impeding the -Inquisition came within its definition and any effort to curb the -arrogant extension of its powers could readily be so construed, as -Macanaz found to his sorrow. The fact that the Inquisition possessed -such power must have had its influence more than once on the mind of the -sovereign when engaged in debate with his too powerful subject and -perhaps explains what appears to us occasionally a pusillanimous -yielding. - -The monarchs had guarded the Inquisition against all supervision and all -accountability to the other departments of government. Within its own -sphere it was supreme and irresponsible and its sphere, owing to the -exemption from the secular courts accorded to all connected with it in -however remote a degree, covered a large area of civil and criminal -business, besides its proper function of preserving the purity of the -faith. In this self-centered independence it stood alone. Even the -spiritual jurisdiction of the Church, so jealously guarded, had become -subject to the _recurso de fuerza_, which, like the French _appel comme -d'abus_, gave to those who suffered wrong an appeal to the Council of -Castile.[851] But even from this the Inquisition was exempt. A decree of -Prince Philip, in 1553, was its ægis and was constantly invoked. This -was addressed to all the courts and judicial officers of the land and -affirmed, in the most positive terms, the sole and exclusive -jurisdiction of the Inquisition in all matters within its competence, -civil or criminal, concerning the faith or confiscations--and faith was -a convenient term covering the impeding of the Inquisition in all that -it wanted to do. Philip recited that repeated cédulas of Ferdinand and -Isabella and of Charles V had asserted this and now he reaffirmed and -enforced it. No appeals from its tribunals were to be entertained, for -the only appeal lay to the Suprema, which would redress any wrong, for -it, by delegation from the crown and the Holy See, had exclusive -cognizance of such matters. If therefore anything concerning the -Inquisition should be brought before them they must decline to entertain -it and must refer it back to the Holy Office.[852] - -The Inquisition was not content to enjoy these favors as a revocable -grace from the crown but, in a consulta of December 22, 1634, it -advanced the claim that this decree was a bargain or compact between two -powers which could not be in any way modified without mutual -consent.[853] This was emphasized in a printed argument in 1642, -asserting that that transaction could only become of binding force by -the consent of both parties--the king and the inquisitor-general--and -the king had no power to change it of his own motion, as it was an -agreement. Even were it admitted to be a concession granted by the -crown, this would make no difference, for a privilege conceded to one -who is not a subject (as the Inquisition in the present case) and -accepted by the latter becomes a contract which the prince cannot -revoke.[854] - -[Sidenote: _EFFORTS AT INDEPENDENCE_] - -We shall see hereafter the use made of this by the Inquisition in its -daily quarrels with all the other jurisdictions, but a single case may -be cited here to indicate how it utilized this position to render itself -virtually independent. There was a long-standing debate over canonries -in the churches of Antequera, Málaga and the Canaries, which it claimed -to be suppressed for its benefit under the brief of January 7, 1559, but -which the royal Camara asserted to belong to the patronage of the king, -whose rights of appointment were not curtailed by the brief. A suit on -the subject, commenced in 1562, was not yet decided when, about 1611, -the king filled vacancies in Málaga and the Canaries. This provoked a -discussion, during which, without awaiting settlement, the inquisitors -excommunicated the appointees--and an inquisitorial excommunication -could be removed only by him who had fulminated it, by the -inquisitor-general or by the pope. In 1611 the king ordered the -appointees to be absolved and mandates signed by him to that effect were -addressed to the inquisitors of Málaga and the Canaries. The Suprema -complained loudly of this as an unheard of violation of the rights of -the Holy Office and refused obedience. In 1612 it declared that, when -the appointees abandoned the prebends which they had usurped, they -should be absolved and not before. On February 12th, in a consulta to -the king, it argued that its power had always been so great and so -independent of all other bodies in the State that the kings had never -allowed them to interfere with it, directly or indirectly; it determined -for itself everything relating to itself, consulting only with the king -and permitting no interference of any kind. Its determination prevailed -over the weakness of the king who ordered the Camara to desist from its -pretensions and not to despoil the Holy Office.[855] - -These somewhat audacious assertions of independence were chiefly -stimulated by the perpetual quarrels arising from the exclusive -jurisdiction, civil and criminal, exercised by the Inquisition over its -thousands of employees and familiars and their families, which kept the -land in confusion. This is a subject which will require detailed -consideration hereafter and is only referred to here because of its -development into the exaggerated pretensions of the Inquisition to -emancipate itself from all control. When Ferdinand granted this _fuero_ -it was understood on all hands to be a special deputation of the royal -jurisdiction and as such liable at any time to modification or -revocation. Ferdinand himself, in a cédula of August 18, 1501, alluded -to it as such--the inquisitors enjoyed it just as the corregidors -did.[856] So, in the Concordia of Castile, in 1553, defining the extent -of this jurisdiction, the inquisitors are specially described as holding -it from the king, and Philip II, Philip III and Philip IV repeatedly -alluded to it as held during the royal pleasure.[857] There was no -thought of disputing this until the seventeenth century was well -advanced. The Suprema itself, in papers of 1609, 1619, 1637 and 1639 -freely admitted that its temporal jurisdiction was a grant from the -king, while its spiritual was a grant from the pope.[858] - -Apparently the earliest departure from this universally conceded -position was made, in 1623, by Portocarrero in an argument on a clash of -jurisdictions in Majorca, wherein he sought to prove that the civil and -criminal jurisdiction of the Inquisition over its subordinates was -ecclesiastical and derived from the pope.[859] About the same time, in -an official paper, a similar claim was advanced, based on the papal -briefs authorizing Torquemada and his successors to appoint, dismiss and -punish their subordinates.[860] These were mere speculations and -attracted no attention at the time. We have just seen that as late as -1639 the Suprema made no claims of the kind but two years later, in -1641, it suddenly adopted them in the most offensive fashion. There was -a _competencia_, or conflict of jurisdiction, between the tribunal of -Valladolid and the chancillería or high royal court; the Council of -Castile had occasion to present several consultas to the king, in one of -which it said that the jurisdiction exercised in the name of the king by -the Inquisition was temporal, secular and precarious and could not be -defended by excommunication. Thereupon the Suprema assembled its -theologians who pronounced these propositions to be false, rash and akin -to heretical error; armed with this opinion the fiscal, or prosecuting -officer, accused the whole Council of Castile, demanded that its -consulta be suppressed and that its authors be prosecuted. Theoretically -there was nothing to prevent such action, which would have rendered the -Inquisition the dominating power in the land, but the Suprema lacked -hardihood; even the habitual subservience of Philip IV was revolted and -he told the inquisitor-general that he had done ill to lend himself to a -question contrary to the sovereignty of the monarch and to the honor of -the highest council of the nation.[861] - -[Sidenote: _EFFORTS AT INDEPENDENCE_] - -In spite of this rebuff, having once asserted the claim that its -temporal jurisdiction was spiritual and not secular, the Inquisition -adhered to it. The prize was worth a struggle, for it would have put the -whole nation at its mercy. It would have deprived the king of powers to -check aggression and to protect his subjects from oppression for, as -Portocarrero had pointed out, although princes have authority to relieve -their subjects when aggrieved by other secular subjects, they have none -when the oppressors are ecclesiastics, exempt by divine law from their -jurisdiction.[862] To win this the Inquisition persisted in its claim. -In 1642, on the occasion of a _competencia_ in Granada, there appeared, -under its authority, a printed argument to prove that the temporal -jurisdiction of the Holy Office was a grant from the Holy See, which had -power to intervene in the internal affairs of States and that it had -merely been acquiesced in and confirmed by the kings.[863] Again, in a -notorious case occurring in Cuenca in 1645, the inquisitors argued that -their temporal jurisdiction was ecclesiastical and papal, with which the -king could not interfere.[864] But the audacity with which these -pretensions were pushed culminated in a consulta presented by the -Suprema, March 31, 1646, to Philip IV, when he was struggling against -the determination of the Córtes of Aragon to curb the excesses of the -Inquisition. - -In this paper the Suprema asserted that the civil and political -jurisdiction is inferior to the spiritual and ecclesiastical, which can -assume by indirect power whatever is necessary for its conservation and -unimpeded exercise, without being restricted by secular princes. The -royal prerogative is derived from positive human law or the law of -nations; the supreme power of the Inquisition is delegated by the Holy -See for cases of faith with all that is requisite, directly or -indirectly, for its untrammelled enjoyment; this is of divine law and, -as such, is superior to all human law, to which it is in no way subject. -The very least that can be said is that princes are bound to admit this, -and though they have a right to concede no more than is requisite, the -decision as to what is requisite rests with the ecclesiastical -authority, which is based on divine law. Any departure from these -principles, under the novel pretext that the king is master of this -jurisdiction, with power to limit or abrogate, is dangerous for the -conscience and very perilous as leading to the gravest errors.[865] It -would be difficult to enunciate more boldly the theory of theocracy, -with the Inquisition as its delegate and the crown merely the executor -of its decrees. - -These pretensions were not realized and the king was not reduced to -insignificance, but his power was seriously trammelled by the -bureaucracy of which the Suprema was the foremost and most aggressive -representative. Its quasi-independence led to emulation by the other -great departments of the State and though their success was not so -marked, it was sufficient in all to render the government incredibly -cumbersome and inefficient and to paralyze its action by wasting its -strength in efforts to keep the peace between the rival and warring -bodies. In these bickerings and dissensions the power of the crown -decreased and the theoretically autocratic monarch found himself unable -to enforce his commands. Philip IV recognized this fatal weakness, but -his efforts to overcome the evil were puerile and inefficient. October -15, 1633, he sent to the Suprema, and presumably to the other councils, -a decree setting forth emphatically that the slackness of obedience and -disregard of the royal commands had been the cause of irreparable damage -to the State and must be checked if the monarchy were to be preserved -from ruin. It was his duty, under God, to prevent this; he had -unavailingly represented it repeatedly to his councillors and now he -proposed to make out a schedule of penalties, to be incurred through -disobedience, scaled according to the gravity of each offence. This was -to be completed within twenty days and he called upon the Suprema to -give him the necessary information that should enable him to tabulate -the matters coming within its sphere of action. - -[Sidenote: _EFFORTS AT INDEPENDENCE_] - -This grotesque measure, calling upon offenders to define their offences -for the purpose of providing condign punishment, was received by the -Suprema with a cool indifference showing how lightly it regarded the -royal indignation. There was nothing, it said in reply, within its -jurisdiction which imperilled the monarchy, for its function was to -preserve the monarchy by preserving the unity of religion. As for -obedience, it was of the highest importance that the royal commands -should be obeyed and the laws provided punishments for all disobedient -vassals. But the canon and imperial laws and those of Spain deprived of -their places judges, who executed royal cédulas issued against justice -and the rights of parties, for it was assumed that such could not be the -royal intention and that they were decreed in ignorance, so that they -were suspended until the prince, better informed, should provide -justice. Therefore when councillors opposed cédulas which would work -great injury to the jurisdiction and immunities of the Holy Office, it -was only to prevent innovation and it was in the discharge of duty that -this was represented to the king. The Suprema therefore prayed him that, -before determining matters proposed by other councils, they should be -submitted to it as heretofore so that, after hearing the reasons of both -sides, he might determine according to his pleasure.[866] Thus with -scarcely veiled contempt the Suprema told him that it would continue to -do as it had done and the very next year, as we have seen, it boldly -informed him that none of his commands respecting the Inquisition would -be obeyed until it should have confirmed them--commands, be it -remembered, that in no case affected its action in matters of faith, for -all the trouble arose from its encroachments on secular affairs. - -The character of Philip IV ripened and strengthened under adversity and, -in the exigencies of the struggle with Catalonia and Portugal, he -developed some traits worthy of a sovereign. Although he meekly endured -the insolence of the Suprema in 1646 and labored strenuously with the -Córtes of Aragon to prevent the reform of abuses, he yet, as we have -seen, insisted on the right to supervise appointments. He doubtless -asserted his authority in other ways for the Suprema abated its -pretensions that its civil and criminal jurisdiction was spiritual and -papal. In an elaborate consulta of March 12, 1668, during a long and -dreary contest, in which the tribunal of Majorca was involved, it -repeatedly refers to its enjoying the royal jurisdiction from the king, -showing that it had abandoned the attempt to render itself independent -of the royal authority.[867] - -[Sidenote: _REASSERTION OF ROYAL SUPREMACY_] - -Under the imbecile Carlos II and his incapable ministers, the -domineering arrogance of the Inquisition increased and, as we shall see -hereafter, it successfully eluded a concerted movement, in 1696, of all -the other councils, represented in the Junta Magna, to reduce its -exuberance. With the advent of the House of Bourbon, however, it was -forced to recognize its subordination to the royal will in temporal -matters, in spite of the temporary interference of Elisabeth Farnese in -favor of Inquisitor-general Giudice. We have already seen indications of -this and shall see more; meanwhile a single instance will suffice to -show how imperiously Philip V, under the guidance of Macanaz, could -impose his commands. In 1712 there was an echo of the old quarrel over -the so-called suppressed canonries of Antequera, Málaga and the Canaries -(p. 342). The suit, commenced in 1562, had never been decided and had -long been suspended. The trouble of 1612 had been quieted by allowing -the Inquisition to enjoy the canonries, not as a right, but as a -revocable grant from the crown; excesses committed by the inquisitors in -collecting the fruits led to the resumption of the benefices and then, -by a transaction in 1622, they were restored under the same conditions. -Such was the position when a violent quarrel arose in the Canaries -between the tribunal and the chapter. The former questioned the accuracy -of the accounts rendered to it and demanded the account books. This the -chapter refused but offered to place the books in the accounting room of -the cathedral, allowing the officials of the tribunal free access and -permission to make what copies they desired. There was also a subsidiary -quarrel over the claim that, when the secretary of the tribunal went to -the chapter, he should be entitled to precedence. With their customary -violence the inquisitors publicly excommunicated and fined the dean and -treasurer of the chapter and moreover they took under their protection -the Dominican Joseph Guillen, Prior of San Pedro Martir, who was a -notary of the tribunal. He circulated a defamatory libel on the chapter -which laid a complaint before his superior, the Provincial; the latter -commenced to investigate, when the tribunal inhibited him from all -cognizance of the matter. Then there came a mandate from the Dominican -General to the Provincial, relegating Fray Guillen to a convent and -ordering a president to be appointed for San Pedro Martir, whereupon the -tribunal required the Provincial to surrender this mandate and all -papers concerning the affair, under pain of excommunication and two -hundred ducats. The sub-prior of San Pedro Martir was forced to assemble -the brethren, whom the inquisitors ordered to disobey the commands of -the General and not to acknowledge the president appointed under his -instructions, thus violating the statutes of the great Dominican Order -and the principle of obedience on which it was based. They further -excommunicated the Provincial in the most solemn manner; they took by -force Fray Guillen from the convent and paraded the streets in his -company; the whole community was thrown into confusion and to prevent -recourse to the home authorities they forbade, under heavy penalties, -the departure of any vessel for Teneriffe, through which communication -was had with Spain. In all this there was nothing at variance with the -customary methods of asserting the lawless supremacy of the Inquisition -over the secular and spiritual authorities, but Philip V ordered -Giudice, September 30, 1712, to put an end to these excesses and, on -October 11th, the Suprema reported that it had ordered the inquisitors -to desist. If it did so, they paid no attention to its commands. Then, -June 11, 1713, he addressed a peremptory order to Giudice to revoke all -that had been done in the Canaries, to recall the inquisitors, to -dismiss them and give them no other appointments. The Suprema replied, -July 18th, enclosing an order which it proposed despatching; this -displeased him as not in compliance with his commands and he insisted on -their complete fulfilment. Still there was evasion and delay and when, -in July, 1714, the Canary chapter presented to the tribunal royal orders -requiring the removal of the excommunications and the remission of the -fines, the inquisitors not only refused obedience but commenced -proceedings against the notaries who served them. The Suprema professed -to have sent orders similar to those of the king, but it evidently had -been playing a double game. Philip therefore, November 1, 1714, -addressed the inquisitor-general, holding the Suprema responsible for -the prolonged contumacy of the inquisitors; he ordered it to deliver to -him the originals of all the correspondence on the subject and required -the inquisitor-general to issue an order for the immediate departure -from the islands of the inquisitors and fiscal, without forcing the -governor to expel them, as he had orders to do so in case of -disobedience. Moreover, if the Suprema should not, within fifteen days, -deliver all the documents, so that the king could regulate matters -directly with the tribunal, the old suspended suit would be reopened and -such action would be taken as might be found requisite. This was a tone -wholly different from that to which the Inquisition had been accustomed -under the Hapsburgs; the evasions and delays of the Suprema, which had -so long been successful, proved fruitless. The struggle was prolonged, -but the royal authority prevailed in the end, although, when the -inquisitors reached Spain, in the summer of 1715, Giudice had been -restored to office and Philip weakly permitted them to be provided for -in other tribunals and to curse fresh communities with their lawless -audacity.[868] - -We shall hereafter have occasion to see how, under the House of Bourbon, -with its Gallican ideas as to royal prerogative, the subordination of -the Inquisition became recognized, while its jurisdiction was curtailed -and its influence was diminished. - - - - -CHAPTER II. - -SUPEREMINENCE. - - -When the Inquisition, as we have seen, arrogated to itself almost an -equality with the sovereign, it necessarily assumed supremacy over all -other bodies in the State. Spain had been won to the theory, assiduously -taught by the medieval Church, that the highest duty of the civil power -was the maintenance of the faith in its purity and the extermination of -heresy and heretics. The institution to which this duty was confided -therefore enjoyed pre-eminence over all other departments of the State -and the latter were bound, whenever called upon, to lend it whatever aid -was necessary. To refuse to assist it, to criticise it, or even to fail -in demonstrations of due respect to those who performed its awful -functions, were thus offences to be punished at its pleasure. - -Allusion has already been made (p. 182) to the oath required of -officials at the founding of the Inquisition, pledging obedience and -assistance, whenever an inquisitor came to a place to set up his -tribunal. This was not enough, for feudalism still disputed jurisdiction -with the crown, and the inquisitor was directed to summon the barons -before him and make them take not only the popular oath but one -promising to allow the Inquisition free course in their lands, failing -which they were to be prosecuted as rebels.[869] As the tribunals became -fixed in their several seats, when a new inquisitor came he brought -royal letters, addressed to all officials, from the viceroy down, -commanding them, under penalty of five thousand florins, to lend him and -his subordinates what aid was necessary and to obey his mandates in -making arrests and executing his sentences, and this was published in a -formal proclamation, with sound of trumpets, by the viceroy or other -royal representative.[870] This was not an empty formality. When, in -1516, the Corregidor of Logroño, the Comendador Barrientos, a knight of -Santiago, ventured to assert that the familiars were not to be assisted -in making an arrest the inquisitors excommunicated him and ordered him -to seek the inquisitor-general and beg for pardon, which was granted -only on condition of his appearance in a public auto de fe, after -hearing mass as a penitent, on his knees and holding a candle, after -which he was to be absolved with stripes and the other humiliations -inflicted on penitents.[871] This was not merely an indignity but a -lasting mark of infamy, extending to the kindred and posterity. - -[Sidenote: _OATHS OF OBEDIENCE_] - -As though this were not sufficient, at a somewhat later period, the -officials of all cities where tribunals were established were required -to take an elaborate oath to the inquisitors, in which they swore to -compel every one within their jurisdiction to hold the Catholic faith, -to persecute all heretics and their adherents, to seize and bring them -before the Inquisition and to denounce them, to commit no public office -to such persons nor to any who were prohibited by the inquisitors, nor -to receive them in their families; to guard all the pre-eminences, -privileges, exemptions and immunities of the inquisitors, their -officials and familiars; to execute all sentences pronounced by the -inquisitors and to be obedient to God, to the Roman Church and to the -inquisitors and their successors.[872] In this, the clause pledging -observance of the privileges and exemptions of the officials was highly -important for, as we shall see hereafter, the privileges claimed by the -Inquisition were the source of perpetual and irritating quarrels with -the royal and local magistrates. It was an innovation of the middle of -the sixteenth century, for Prince Philip, in a letter of December 2, -1553, to the tribunal of Valencia, says that he hears it requires the -royal officials to swear to maintain the privileges, usages and customs -of the Inquisition; this he says is a novelty and, as he does not -approve of innovations, he asks what authority it has for such -requirement. To this the answer was that every year, when the municipal -officials enter upon their duties, they come and take such an oath and -the records showed that this had been observed for a hundred years -without contradiction. This seems to have silenced his objections and -the formula became general. The Valencia Concordia, or agreement of -1554, simply provides that the secular magistrates shall take the -accustomed oath and what that was is doubtless shown by the one taken, -in 1626, by the _almotacen_, or sealer of weights and measures, when he -came to the Inquisition and swore on the cross and the gospels to -observe the articles customarily read to the royal officials and to -guard the privileges of the Holy Office and defend it with all his -power.[873] - -Even all this was insufficient to emphasize the universal subordination. -At all autos de fe, which were attended by the highest in the land as -well as by the lowest, and at the annual proclamation of the Edict of -Faith, to which the whole population was summoned, a notary of the -Inquisition held up a cross and addressed the people: "Raise your hands -and let each one say that he swears by God and Santa Maria and this -cross and the words of the holy gospels, that he will favor and defend -and aid the holy Catholic faith and the holy Inquisition, its ministers -and officials, and will manifest and make known each and every heretic, -fautor, defender and receiver of heretics and all disturbers and -impeders of the Holy Office, and that he will not favor, or help, or -conceal them but, as soon as he knows of them, he will denounce them to -the inquisitors; and if he does otherwise that God may treat him as -those who knowingly perjure themselves: Let every one say Amen!"[874] -When the sovereign was present at an auto this general oath did not -suffice and he took a special one. Thus, at the Valladolid auto of May -21, 1559, the Inquisitor-general Valdés administered it to the Regent -Juana and at that of Madrid, in 1632, Inquisitor-general Zapata went to -the window at which Philip IV was seated, with a missal and a cross, on -which the king swore to protect and defend the Catholic faith as long as -he lived and to aid and support the Inquisition--an oath which was then -duly read aloud to the people.[875] Thus the whole nation was bound, in -the most solemn manner, to be obedient to the Inquisition and to submit -to what it might assert to be its privileges. - -How purely ministerial were the functions of the public officials in all -that related to the Inquisition, even under Philip V, was illustrated -when, at Barcelona, in an auto de fe, June 28, 1715, a bigamist named -Medrano was sentenced to two hundred lashes to be inflicted on the 30th. -On the 29th word was sent to the public executioner to be ready to -administer them, but the Viceroy, the Marquis of Castel-Rodrigo, forbade -the executioner to act until he should give permission, holding that no -public punishment should be inflicted until he should be officially -notified of the sentence. There were hasty conferences and debates, -lasting to nearly midnight, and it was not until 7 A.M. of the 30th that -the marquis gave way and the sentence was executed. The tribunal -reported the affair to the Suprema, which replied in the name of the -king, diplomatically thanking the marquis and rebuking his legal -adviser, who was told that it was his duty and that of all officials to -be obedient to the Inquisition.[876] - -As a perpetual reminder of this subordination, there appears to have -been kept in the royal chancellery the formula of a letter addressed to -all viceroys and captains-general. This recited the invaluable services -of the Inquisition in clearing the land of infinite heretics and -preserving it from the convulsions afflicting other nations, thus -rendering its efficiency one of the chief concerns of the crown. -Therefore the king charges his representatives emphatically to honor and -favor all inquisitors, officials and familiars, giving them all the -necessary aid for which they may ask and enforcing the observance of all -the privileges and exemptions conceded to them by law, concordias, royal -cédulas, use and custom and in any other way, so that the Holy Office -may have the full liberty and authority which it has always enjoyed and -which the king desires it to retain. A copy of this was sent to all the -viceroys in 1603 and, as I have chanced to find it again addressed, in -1652, to the Duke of Montalto, then Viceroy of Valencia, it was -presumably part of the regular instructions furnished to all who were -appointed to these responsible positions.[877] - - * * * * * - -[Sidenote: _POWER TO CRIPPLE OPPONENTS_] - -In the interminable conflicts through which the Inquisition established -its enjoyment of the powers thus conferred, the inquisitor was armed, -offensively and defensively, in a manner to give him every advantage. He -could, at any moment, when involved in a struggle with either the -secular or ecclesiastical authorities, disable his opponent with a -sentence of excommunication removable only by the Holy Office or the -pope and, if this did not suffice, he could lay an interdict or even a -_cessatio a divinis_ on cities, until the people, deprived of the -sacraments, would compel submission. It is true that, in 1533, the -Suprema ordered that much discretion should be exercised in the use of -this powerful weapon, on account of the indignation aroused by its -abuse, but we shall have ample opportunity to see how recklessly it was -employed habitually, without regard to the preliminary safeguards -imposed by the canons.[878] On the other hand, the inquisitor was -practically immune. His antagonists were mostly secular authorities who -had no such weapon in their armories and, when he chanced to quarrel -with a prelate, he usually took care to be the first to fulminate an -excommunication, and then unconcernedly disregarded the counter censures -as uttered by one disabled from the exercise of his functions, for the -anathema deprived its subject of all official faculties. It had the -contingent result, moreover, that he who remained under excommunication -for a year could be prosecuted for suspicion of heresy.[879] - -There was another provision which rendered it even more formidable as an -antagonist. In matters of faith and all pertaining directly or -indirectly thereto, its jurisdiction was exclusive. In the extensive -field of civil and criminal business, of which it obtained cognizance -through the immunities of its officials and, in the frequent quarrels -arising from questions of ceremony and precedence, no court, whether -secular or spiritual, had power to inhibit any action which it might see -fit to take. By special papal favor, however, it had power to inhibit -their action and thus to cripple them on the spot. This extraordinary -privilege, with power to subdelegate, appears to have been first granted -in the commissions issued, in 1507, to Ximenes and Enguera as -inquisitors-general respectively of Castile and Aragon and was repeated -in those of Luis Mercader and Pedro Juan Poul in 1513.[880] For a -considerable time this clause disappears from the commissions, but, -towards the close of the century, it again finds place, in a more -detailed and absolute form in that granted to Manrique de Lara, after -which it continued in those of his successors to the end. It confers the -power of inhibiting all judges, even of archiepiscopal dignity, under -pecuniary penalties and censures to be enforced by the invocation of the -secular arm and of absolving them after they shall have submitted and -obeyed.[881] This proclaimed to the world that the Inquisition outranked -all other authorities in Church and State and the power was too often -exercised for its existence to be ignored or forgotten. This superiority -found practical expression in the rule that, in the innumerable -conflicts of jurisdiction, all secular and ecclesiastical judges must -answer communications from inquisitors in the form of petition and not -by letter. If they replied to commands and comminations by letter they -were to be fined and proceedings were to be commenced against them and -their messengers, and they were required to withdraw and erase from -their records all such letters which were held to be disrespectful to -the superiority of the Holy Office.[882] - -[Sidenote: _ASSERTION OF SUPERIORITY_] - -It was an inevitable inference from this that there was no direct appeal -from whatever a tribunal might do except to the Suprema, which, though -it might in secret chide its subordinates for their excesses, -customarily upheld them before the world. The sovereign, it is true, was -the ultimate judge and, in occasional cases, he interposed his authority -with more or less effect, but the ordinary process was through a -_competencia_, a cumbrous procedure through which, as we shall see, the -Inquisition could wrangle for years and virtually, in most cases, deny -all practical relief to the sufferers. - -Another weapon of tremendous efficacy was the power of arrest, possessed -at will by inquisitors during the greater portion of the career of the -Inquisition. Even to gratify mere vindictiveness, by simply asserting -that there was a matter of faith, the inquisitor could throw any one -into the secret prison. The civil magistrate might thus abuse his -authority with little damage to the victim, but it was otherwise with -the Inquisition. In the insane estimate placed on _limpieza de sangre_, -or purity of blood, the career of a man and of his descendants was -fatally narrowed by such a stain on his orthodoxy; it mattered little -what was the outcome of the case, the fact of imprisonment was -remembered and handed down through generations while the fact of its -being causeless was forgotten. In the later period, when the Suprema -supervised every act of the tribunals, the opportunities for this were -greatly restricted, but during the more active times the ill-will of an -inquisitor could at any moment inflict this most serious injury and the -power was often recklessly abused in the perpetual conflicts with the -secular authorities. The ability thus to destroy at a word the prospects -in life of any man was a terrible weapon which goes far to explain the -awe with which the inquisitor was regarded by the community. - -That the inquisitor should assume to be superior to all other -dignitaries was the natural result of the powers thus concentrated in -him. Páramo asserts that he is the individual of highest authority in -his district, as he represents both pope and king; and the Suprema, in a -consulta addressed to Philip V, in 1713, boasted that its jurisdiction -was so superior that there was not a person in the kingdom exempt from -it.[883] The haughty supremacy which it affected is seen in instructions -issued in 1578 that inquisitors, when the tribunal is sitting, are not -to go forth to receive any one, save the king, the queen or a royal -prince and are not, in an official capacity, to appear in receptions of -prelates or other public assemblies, and this was virtually repeated in -1645, when they were told not to visit the viceroy or the archbishop or -accept their invitations, for such demonstrations were due only to the -person of the king.[884] Exception however, was probably taken to this -for a _carta acordada_ of March 17, 1648, lays down less stringent rules -and specifies for each tribunal, according to the varying customs of -different places, the high officials whom the inquisitor is permitted to -visit on induction into office and on occasions of condolence or -congratulation.[885] - -In the social hierarchy the viceroys and captains-general stood next to -the king as representing, in their respective governments, the royal -person. To outrank these exalted personages was not beyond inquisitorial -ambition. In 1588 there was great scandal in Lima, when the inquisitors -claimed precedence over the Count of Villar, the Viceroy of Peru, and -carried their point by excommunicating him, but Philip II, in a cédula -of March 8, 1589, took them severely to task for their arrogance and -added that the viceroy was equally to blame for yielding, as he -represented the royal power. This lesson was ineffectual and some years -later another method was tried of asserting superiority. In 1596, the -Captain-general of Aragon complained to the king that, in the recent -auto de fe, the inquisitors had refused to give him the title of -Excellency. To this Philip replied, February 6, 1597, that it was -unreasonable for them thus to affect equality with his personal -representative; they must either concede to him the title of Excellency -or themselves be treated as _vuestra merced_, in place of _muy ilustres_ -or _señoria_, and therefore he could attend the next auto.[886] - -[Sidenote: _ASSERTION OF SUPERIORITY_] - -This asserted superiority of the Inquisition was very galling to the -bishops, who argued that the Holy Office had been founded only four -hundred years before, as an aid to their jurisdiction, and they resented -bitterly the efforts of the resolute upstarts to claim higher privileges -and precedence. The Inquisition, however, was an organized whole, with -sharp and unsparing methods of enforcing its claims and protected in -every way from assault, while the episcopate was a scattered and -unwieldy body, acting individually and, for the most part, powerless to -defend the officials, through whom it acted, from those who claimed that -everything concerning themselves was a matter of faith of which they had -exclusive cognizance. The serious conflicts over jurisdiction will be -considered in a subsequent chapter; here we are concerned merely with -questions of etiquette and ceremonial. Seen through the perspective of -the centuries, these quarrels, which were conducted with frantic -eagerness, seem trivialities unworthy of record, but their significance -was momentous to the parties concerned, as they involved superiority and -inferiority. The hundred years' quarrel over precedence in Rome, between -the ambassadors of France and Spain, which was not settled until 1661 by -the triumph of France, had a meaning beyond a mere question of ceremony. -In Spain these debates often filled the land with confusion. All parties -were tenacious of what they conceived to be their rights and were ready -to explode in violence on the smallest provocation. The enormous mass of -letters and papers concerning the seats and positions of the inquisitors -and their officials at all public functions--whether seats should be -chairs or benches and whether they were to have canopies, or cushions, -or carpets, shows that these were regarded as matters of the highest -moment, giving rise to envenomed quarrels with the ecclesiastical and -secular dignitaries, requiring for their settlement the interposition of -the royal authority. The inquisitors were constantly arrogating to -themselves external marks of superiority and the others were disputing -it with a vehemence that elevated the most trivial affairs into matters -of national importance, and the attention of the king and the highest -ministers was diverted from affairs of state to pacify obscure quarrels -in every corner of the land. - -It would be futile to enter into the details of these multitudinous -squabbles, but one or two subjects in dispute may be mentioned to -illustrate the ingenuity with which the Inquisition pushed its claims to -superiority. Towards the middle of the seventeenth century it demanded -that, when there was an episcopal letter or mandate to be published in -the churches and also an edict or letter of the Inquisition, the latter -should have precedence in the reading. This was naturally regarded as an -effort to show that the inquisitorial jurisdiction was superior to the -episcopal and it led to frequent scandals. In 1645, at Valencia, on -Passion Sunday, a secretary of the tribunal endeavored to read letters -of the inquisitors before one of the archbishop's, but, by the latter's -order, the priest refused to give way, whereupon the inquisitors -arrested him: the matter was carried up to the king, who ordered the -priest to be discharged in such wise that there should be no record of -his prosecution and that his good fame should be restored. Soon after -this, in Saragossa on a feast-day in the cathedral, a priest commenced -to read an archiepiscopal letter, but before he had finished more than a -few lines, a secretary of the Inquisition mounted the other pulpit and -began reading a letter of the Inquisition; the priest was so disturbed -that he stopped, whereupon the archbishop, Juan Cebrian, ordered his -arrest, but he pleaded his surprise and confusion and the archbishop -relented. In 1649 a more determined effort was made by the Saragossa -tribunal. August 15th the parish priest of the cathedral read certain -archiepiscopal letters at the accustomed time and was followed by the -secretary of the Inquisition with others of the inquisitors. Two days -later the priest was summoned before the tribunal and was made to swear -secrecy as to orders given to him. The result showed what were his -instructions, for the next Sunday, having archiepiscopal letters to -read, he waited until the secretary read those of the inquisitors. Some -days later similar secret orders were given to the priest of Nuestra -Señora del Pilar and when, on October 11th, he commenced reading an -archiepiscopal letter, an officer of the Inquisition seized him by the -arm and forced him to read first those of the tribunal. Archbishop -Cebrian addressed memorials to the king, September 7th and 21st and -October 12th asking his protection to preserve the archiepiscopal -jurisdiction; the Council of Aragon presented a consulta supporting him, -on which the wearied monarch made an endorsement, deploring the evil -results of such conflicts and telling the Council to write to the -archbishop not to proceed to extremities but to seek some adjustment -similar to that by which, a short time before, Cardinal Moscoso in -Toledo had caused an inquisitorial letter to be read on a different day, -to which the tribunal must be made to conform.[887] - -[Sidenote: _ASSERTION OF SUPERIORITY_] - -The persistence with which the Inquisition maintained any claim once -advanced is illustrated by its endeavor to introduce change in the -ritual of the mass favorable to its assumption of superiority. It was -the custom that the celebrant should make a bow to the bishop, if -present, and in his absence, to the Eucharist. In 1635, at Valladolid, -the inquisitors required that when the Edict of Faith was read the bow -should be made to them and, on the refusal of the officiating canon, -they arrested him and the dean who upheld him and held them under heavy -bail. This aroused the whole city and brought a rebuke from the king, -who ordered them to discharge the bail and not to abuse their -jurisdiction. Unabashed by this the effort was made again at -Compostella, in 1639, and duly resisted; the king was again obliged to -examine the question and, after consultation with learned men, decided -that the chapter was in the right and that the inquisitors had the -alternative of absenting themselves from the reading. Two rebuffs such -as this should have sufficed but, in 1643, after careful preparation, -another attempt was made at Córdova, which produced a fearful scandal. -Neither side would yield; the services were interrupted; the inquisitors -endeavored to excommunicate the canons, but the latter raised such a din -with howls and cries, the thunder of the organ, the clangor of bells and -breaking up the seats in the choir, that the fulmination could not be -heard. Even the inquisitors shrank from the storm and left the church -amid hisses, with their caps pulled down to their eyes, but they lost no -time in commencing a prosecution of the canons, who appealed to the -king, in a portentous document covering two hundred and fifty-six folio -pages. Philip and his advisers at the moment had ample occupation, what -with the dismissal of Olivares, the evil tidings from Rocroy and the -rebellions in Catalonia and Portugal, but they had to turn aside to -settle this portentous quarrel. A royal letter of June 16, 1643, ordered -the inquisitors to restore to the canons certain properties which they -had seized and to remove the excommunications, while reference to -similar decisions at Compostella, Granada and Cartagena shows how -obstinate and repeated had been the effort of the Holy Office. -Notwithstanding this the tribunal of Córdova refused obedience to the -royal mandate and a second letter, of September 28th from Saragossa, -where Philip was directing the campaign against Catalonia, was required. -This was couched in peremptory terms; the excommunications must be -removed and, for the future, the Roman ceremonial must be observed, -prescribing that in the absence of the bishop, the reverence must be -made to the sacrament.[888] - -[Sidenote: _QUESTIONS OF CEREMONY_] - -While thus steadily endeavoring to encroach on the rights of others, the -Inquisition was supersensitive as to anything that might be reckoned as -an attempt by other bodies to assert superiority, and it vindicated what -it held to be its rights with customary violence. When the funeral -solemnities of Queen Ana, of Austria were celebrated in Seville, in -1580, a bitter quarrel about precedence in seats arose between the -tribunal, the royal Audiencia or high court and the city authorities, -when the former arbitrarily suspended the obsequies until consultation -could be had with Philip II, then in Lisbon, engaged in the absorption -of Portugal. He regulated the position which each of the contending -parties should occupy and the postponed honors were duly rendered. -Matters remained quiescent until a similar function became necessary, -after the death of Philip in 1598. The city spent weeks in costly -preparations and the catafalque erected in the cathedral was regarded as -worthy of that magnificent building. November 29th was fixed for the -ceremonies; on the vigil, the regent, or president judge of the -Audiencia, sent a chair from his house to the place assigned to him, but -the chapter protested so vigorously against the innovation that he was -obliged to remove it. The following morning, when the various bodies -entered the church at half-past nine, the benches assigned to the judges -and their wives were seen to be draped in mourning. This was at once -regarded as an effort on their part to establish pre-eminence and -excited great indignation. The services commenced and during the mass -the inquisitors sent word to the cabildo, or city magistracy, that it -should order the mourning removed. After some demur, the cabildo sent -its procurador mayor, Pedro de Escobar, with a notary and some -alguaziles to the Audiencia, bearing a message to the effect that if the -drapery were not removed, the inquisitors and the church authorities -were agreed that the ceremonies should be suspended. He was told not to -approach and on persisting he and his followers were arrested and thrown -into the public gaol. The inquisitors then sent their secretary with a -message, but he too was kept at a distance when he mounted the steps of -the catafalque and cried out that the tribunal excommunicated the three -judges, Vallejo, Lorenzana and Guerra, if they did not depart. A second -time he came with a message, which he was not allowed to deliver, and -again he mounted the steps to declare all the judges excommunicated and -that they must leave the church in order that the services might -proceed, for the presence of excommunicates was a bar to all public -worship. This was repeated again by the fiscal, when the Audiencia drew -up a paper declaring the acts of the tribunal to be null and void and -ordering it to remove the censure under pain of forfeiting citizenship -and temporalities, but the scrivener sent to serve it was refused a -hearing and on his persisting was threatened with the pillory. The -alcalde of the city endeavored to calm the inquisitors, but Inquisitor -Zapata replied furiously that if St. Paul came from heaven and ordered -them to do otherwise they would refuse if it cost them their souls. - -Meanwhile there were similar trouble and complications among the church -authorities. The vicar-general, Pedro Ramírez de Leon, ordered the -services resumed, under pain, for the dean and officiating priest, of -excommunication and of a thousand ducats; the precentor and canons -appealed to the pope, but the vicar-general published them in the choir -as excommunicates. The celebrant, Dr. Negron, was sought for, but he had -prudently disappeared in the confusion and could not be found. It was -now half-past twelve and the canons sent word to the Audiencia that they -were going and it could go. To leave the church, however, would seem -like an admission by the judges that they were excommunicate and they -grimly kept their seats. The cabildo of the city and the tribunal were -not to be outdone and the three hostile groups sat glaring at each other -until four o'clock, when the absurdity of the situation grew too strong -and they silently departed. Meanwhile the candles had been burning until -five hundred ducats' worth of wax was uselessly consumed. - -So complicated a quarrel could of course only be straightened out by the -king to whom all parties promptly appealed. The judges proved that they -had not draped their benches as a sign of pre-eminence but had proposed -that the same be done by the cabildo and the tribunal. As far as regards -the latter, the royal decision was manifested in two cédulas of December -22d. One of these told the inquisitors that they had exceeded their -jurisdiction in excommunicating the judges, whom they were to absolve -_ad cautelam_ and they also had to pay for the wasted wax. The other -ominously ordered the inquisitors Blanco and Zapata to appear at the -court within fifteen days and not to depart without licence. At the same -time, on December 21st the suspended obsequies were duly -celebrated.[889] - -[Sidenote: _SUPERIORITY TO LAW_] - -It will be seen from these cases that the only appeal from inquisitorial -aggression lay to the king and that, even when the inquisitors were -wholly in the wrong and the royal decision was against them, no steps -were taken to keep them within bounds for the future. The altered -position of the Holy Office under the Bourbons was therefore -significantly indicated by a decision of Fernando VI in 1747. At the -celebration in Granada, on September 11th, of his accession, the -chancillería, or great high court of New Castile, observed that the -archbishop occupied a chair covered with taffety, outside of his window -overlooking the plaza, and that the inquisitors had cushions on their -window-sills. It sent messengers to request the removal of these symbols -of pre-eminence and, on receiving a refusal in terms of scant respect, -it stopped the second bull-fight and put an end to the ceremonies. The -matter was referred to the king, when the Suprema, in a memorial of -solemn earnestness, argued that the Inquisition had for centuries been -in the uncontested enjoyment of the privilege of which it was now sought -to be deprived. It was the highest tribunal, not only in Spain but in -the world, as it had charge of the true religion, which is the -foundation of all kingdoms and republics. The time had passed for this -swelling self-assertion. Full discussion was devoted to the momentous -question and, on October 3d, Fernando issued a decree which proclaimed -to Spain that the Holy Office was no longer what it had been. This was -to the effect that, as the chancillería represented the royal -jurisdiction, and thus indirectly the king himself, it was entitled to -pre-eminence in all such celebrations and in those of the royal chapel; -it was justified in its action and thereafter no such signs of dignity -as canopies, cushions, ceremonial chairs and the like should be used in -its presence. In case of attempts to do so, one of the alcaldes del -crimen with his officers should remove them and punish any workmen in -setting them up.[890] - - * * * * * - -The Inquisition and its members were protected in every way from -subjection to local laws and regulations. An edict of Charles V, in -1523, forbade all municipalities or other bodies from adopting statutes -which should in any way curtail their privileges or be adverse to them -and, if any such should be attempted he declared them in advance to be -null and void.[891] This in fact, was only expressing and enforcing the -canon laws enacted in the frenzied efforts to suppress heresy in the -thirteenth century and still in vigor. A constitution of Urban IV -(1261-5) declares invalid the laws of any state or city which impede, -directly or indirectly, the functions of the Inquisition, and the bishop -or inquisitor is empowered to summon the ruler or magistrates to exhibit -such statutes and compel him by censures to revoke or modify them.[892] -While this was designed to prevent the crippling of the Inquisition by -hostile legislation, it inferred a superiority to law and was construed -in the most liberal way, as was seen in a struggle in Valencia which -lasted for nearly two centuries. A police regulation for the improvement -of the market-place ordered the removal of all stands for the display of -goods under the arcades of the houses. One house belonged to the -tribunal; its tenant was the worst offender, and he obstinately kept his -stand and appealed to the tribunal for protection against the law. This -protection was accorded with such vigor in 1603, that the saintly -Archbishop, Juan de Ribera, who was also captain-general, vainly -endeavored to secure obedience to the law. Until the close of the -eighteenth century the tribunal thus successfully defied the Real Junta -de Policia, consisting of the captain-general, the regente and other -high officials. At length, in 1783, Carlos III issued a royal -declaration that no one should be exempt from obedience to orders of -police and good government and that all such cases should be adjudicated -by the ordinary courts without admitting the _competencias_ with which -the Holy Office habitually sought to tire out those who ventured to -withstand its aggressiveness. Under this, in 1791, the nuisance in -Valencia was abated, when the tribunal apologized to the Suprema for -yielding and excused itself in virtue of the royal declaration of 1783. -It had held out as long as it could, but times had changed and even the -Inquisition was forced to respect the law.[893] Madrid had been earlier -relieved from such annoyance, for a royal cédula of 1746, regulating the -police system of the capital, has a clause evidently directed at the -Inquisition for it declares that no exemption, even the most privileged, -shall avail in matters concerning the police, the adornment and the -cleanliness of the city.[894] - -[Sidenote: _INVIOLABILITY_] - -The lawlessness thus fostered degenerated into an arbitrary disregard of -the rights of others, leading to a petty tyranny sometimes exercised in -the most arbitrary and capricious manner. Inquisitor Santos of Saragossa -was very friendly with the Licenciado Pedro de Sola, a beneficed priest -of the cathedral, and Juan Sebastian, who were good musicians and who -gathered some musical friends to sing complins with them on Holy -Saturday at Santa Engracia, where the inquisitors spent Holy Week in -retreat. Santos used to send his coach for them and entertain them -handsomely, but when, in 1624, he became Bishop of Solsona, although the -singing continued, the coach and entertainment ceased and the musicians -went unwillingly. Finally, in 1637, some of them stopped going; the -inquisitors sent for them and scolded them which made them all -indignant. Then, in 1638, the secretary Heredia was sent to order them -to go and when the chapel master excused them, with an intimation that -they ought to be paid, Heredia told them the tribunal honored them -sufficiently in calling for them. They did not go and, when Easter was -over, two of them, beneficed priests, were summoned and, after being -kept waiting for three hours, were imprisoned in a filthy little house -occupied by soldiers and were left for twelve hours without bedding, -food or drink. The next day they managed to communicate with the -chapter, but it was afraid to interfere and, after six days of this -confinement, they were brought before the tribunal and informed that -they had the city for a prison, under pain of a hundred ducats, and were -made to swear to present themselves whenever summoned. As they went out -they saw two more brought in--the chapel-master and a priest. At last -the chapter plucked up courage to address a memorial to the king -through the Council of Aragon, which added the suggestion that he should -order the inquisitor-general to see to the release of the musicians and -the prevention of such extortion. May 11th Philip referred this to the -Suprema which, after a month's delay, replied, June 14th, that, desiring -to avoid controversy with the church of Saragossa, it had ordered the -tribunal to pay the musicians in future, to release any that were in -prison and to return whatever fines had been imposed.[895] When petty -tyranny such as this could be practised, especially on the privileged -class of priests, we can appreciate the terrorism surrounding the -tribunals. - - * * * * * - -Another distinction contributed to the supereminence claimed by the -Inquisition--the inviolability which shielded all who were in its -service. From an early period the Church had sought to protect its -members, whose profession was assumed to debar them from the use of -arms, by investing them with a sanctity which should assure their safety -in an age of violence. Throughout the middle ages no canon was more -frequently invoked than _Si quis suadente diabolo_, which provided that -whoever struck a cleric or monk incurred an anathema removable only by -personal appearance before the pope and accepting his sentence.[896] -More than this was asked for by the Inquisition, for the greater portion -of its officials were laymen. They were no more exposed to injury or -insult than those of the secular courts, but it was assumed that there -was a peculiar hatred felt for them and that their functions in -defending the faith entitled them to special security. We shall see -hereafter that the Inquisition obtained jurisdiction in all matters -connected with its officials, but this, while enabling it to give them -special protection, had the limitation that judgements of blood rendered -ecclesiastics pronouncing them "irregular." In cases of heresy this had -long been evaded by a hypocritical plea for mercy, when delivering -convicts to the secular arm for execution, but it was felt that some -special faculties were requisite in dealing with cases of mere assault -or homicide and a _motu proprio_ was procured from Leo X, January 28, -1515, empowering inquisitors to arrest any one, even of the highest -rank, whether lay or clerical, who strikes, beats, mutilates or kills -any minister or official of the Inquisition and to deliver him to the -secular arm for punishment, without incurring irregularity, even if it -results in effusion of blood.[897] The Holy Office thus held in its own -hands the protection of all who served it. - -This was rendered still more efficient by subsequent papal action. -Irritated at some resistance offered to the Roman Inquisition, Pius V -published, April 1, 1569, the ferocious bull _Si de protegendis_, under -which any one, of whatever rank, who should threaten, strike or kill an -officer or a witness, who should help a prisoner to escape or make way -with any document or should lend aid or counsel to such act, was to be -delivered to the secular judge for punishment as a heretic--that is to -say, for burning--including confiscation and the infamy of his -children.[898] Although this was intended for Italy, the Spanish -Inquisition speedily assumed the benefit of it; it was sent out October -16th and it was annually published in the vernacular on Holy -Thursday.[899] - -[Sidenote: _INVIOLABILITY_] - -Thus all concerned in the business of the Holy Office were hedged around -with an inviolability accorded to no other class of the community. The -inquisitors themselves were additionally protected against -responsibility for their own malfeasance by the received theory that -scandal was more to be dreaded than crime--that there was inherent in -their office such importance to religion that anything was better than -what might bring that office into contempt. Francisco Peña, in treating -of this, quotes the warning of Aquinas as to cardinals and applies it to -the punishment of inquisitors; if scandal has arisen, they may be -punished; otherwise the danger to the reputation of the Holy Office is -greater than that of impunity to the offender.[900] The tenderness, in -fact, with which they were treated, even when scandal had arisen, was a -scandal in itself. Thus, when the reiterated complaints of Barcelona -caused a visitation to be made there, in 1567, by de Soto Salazar, and -his report confirmed the accusations, showing the three inquisitors to -be corrupt, extortionate and unjust, the only penalty imposed, in 1568, -was merely suspension for three years from all office in the -Inquisition. Even this was not enforced, at least with regard to one of -them, Dr. Zurita, for we chance to meet him as inquisitor of Saragossa -in 1570. He does not seem to have reformed, for his transfer thence to -Sardinia, the least desirable of the tribunals, can only have been in -consequence of persistent misconduct.[901] The tribunals naturally -showed the same mercy to their subordinates, whose sole judges they -were, and this retention in office of those whom unfitness was proved -was not the least of the burdens with which the Inquisition afflicted -Spain. - -What rendered this inviolability more aggravating was that it extended -to the servants and slaves of all connected with the Holy Office. About -1540 a deputy corregidor of Murcia, for insulting a servant of the -messenger of the tribunal, was exposed to the infamy of hearing mass as -a penitent.[902] In 1564, we find Dr. Zurita, on circuit through his -district, collecting evidence against Micael Bonet, of Palacio de Vicio, -for caning a servant boy of Benet Modaguer, who held some office in the -Inquisition, and the case was sent to Barcelona for trial, which shows -that it was regarded as serious. So, in 1568, for quarrelling with a -servant of Micer Complada, who styled himself deputy of the abogado -fiscal at Tarragona, the Barcelona tribunal, without verifying -Complada's claims to office, threw into prison Gerónimo Zapata and -Antonio de Urgel and condemned Zapata to a fine of thirty ducats and six -months' exile and Urgel to ten ducats and three months.[903] In Murcia, -Sebastian Gallego, the servant of an inquisitor, quarrelled with a -butcher over some meat, when they exchanged insults. The secular judge -arrested both but the tribunal claimed them, prosecuted the butcher and -banished him from the town.[904] Such cases were of frequent occurrence -and it is easy to conceive how galling was the insolence of despised -class thus enabled to repay the contempt with which it was habitually -treated. - -[Sidenote: _ENFORCEMENT OF RESPECT_] - -When the honor of slaves was thus vindicated inquisitors were not apt to -condone any failure, real or imaginary, in the respect which they held -to be their due, and the offender was made to feel the awful authority -which shrouded the tribunal and its judges. As their powers were largely -discretional, with undefined limits, the manner in which they were -exercised was sometimes eccentric. In 1569, for instance, the Jesuits of -Palermo prepared for representation in their church a tragedy of St. -Catherine and, on October 4th, they gave a private rehearsal to which -were invited the viceroy and principal dignitaries. The inquisitor, Juan -Biserra, came as one of the guests and finding the door closed knocked -repeatedly without announcing himself or demanding admittance. The -janitor, thinking it to be some unauthorized person, paid no attention -to the knocking and Biserra departed, highly incensed. When the Jesuits -heard of it, the rector and principal fathers called on him to -apologize, but, after keeping them waiting for some time he refused to -see them. The public representation was announced for October 8th; the -church was crowded with the nobility awaiting the rising of the curtain, -when a messenger from Biserra notified the Jesuits that he forbade the -performance, under pain of excommunication and other penalties at his -discretion, until after the piece should have been examined and approved -by him. The audience was dismissed and the next day the MS. was sent to -Biserra who submitted it to Dominican censors. Although they returned it -with their approval he discovered in it two objectionable points, so -absurdly trifling as to show that he wanted merely to make a wanton -exhibition of his power. The censors replied to his criticism and he -finally allowed the performance to proceed. We may not unreasonably -assume that this may have been one of the freaks for which Biserra was -suspended in 1572, on the report made of him by the visitor Quintanilla. -Then, with customary tenderness, he was employed in the responsible -post of visitor at Barcelona, where he died soon afterwards.[905] - -The sensitiveness to disrespect and the terrorism which its arbitrary -punishment diffused through the community were well illustrated when, in -1617, Fray Diego Vinegas preached the Lenten sermons in the Hospital of -N. Señora de la Gracia of Saragossa. He was a distinguished Benedictine, -who had held high offices in his Order, and his eloquence on this -occasion brought in alms amounting to eight thousand crowns. On January -21st the inquisitors sent him a message to come to them the next day at -2 P.M., to which he replied in writing that he was indisposed and -closely occupied with his sermons; if they wished to order him to preach -the Edict of Faith, he held himself already charged to do so and begged -them to excuse his coming. A second message the same day told him to -come at the same hour another day, when he would be told what was wanted -of him, to which he answered that he would come but that if it was only -to order him to preach the sermon he would return at once to Castile, -without again mounting the pulpit. Whether anything underlay this -somewhat mysterious action does not appear; the significance of the -affair lies in the fact that it at once became a matter of general -public concern. When that same night the governor of the Hospital heard -of it he recognized the injury that would accrue to the institution and -to the whole city and forthwith reported it to the viceroy, who -commissioned the Licentiate Balthasar Navarro to undo the mischief. The -result of his labors was that the inquisitors declared that as Fray -Vinegas pleaded indisposition they would excuse him from preaching the -Edict of Faith. The affair appeared to be settled and Vinegas begged -permission to call on the two inquisitors, Santos and Salcedo, and pay -them the Easter compliments. They graciously acceded and on Easter -Monday he waited on them, exculpated himself, and begged their pardon -for having been prevented by indisposition from preaching the Edict, all -of which they accepted with great courtesy. The community breathed -freer, for some vindication of the honor of the Inquisition had been -expected. The inquisitors however had been consulting the Suprema and -vengeance was at hand. The next day, Tuesday, was the last of the -series of sermons; Vinegas preached successfully to a crowded church -when, on descending from the pulpit, he was arrested by an alguazil of -the Inquisition, dragged through the crowd like a heresiarch attempting -escape, thrown into a coach and carried to the Aljafería. There he was -placed on a bench like a criminal, interrogated as one and then, without -being listened to, was sentenced to perpetual deprivation of the honors -of the Inquisition (preaching at autos, the edicts, etc.) and -reprimanded with the utmost severity. The mark of infamy thus inflicted -was indelible and the scandal was immense. The people flocked in crowds -to the viceroy in the greatest excitement and he had much ado to quiet -them by promising that it should be remedied. Vinegas applied for the -reinstatement of his honor to the Council of Aragon, which replied that -it had no jurisdiction; then he applied to the Suprema, which refused to -hear him. He sent a memorial to the king, who referred it to the Council -of Aragon and he continued his efforts for more than a year but it does -not appear that he ever obtained relief.[906] - -[Sidenote: _ENFORCEMENT OF RESPECT_] - -As a rule, any criticism of the justice of the Inquisition and any -complaint by one who had passed through its hands were offences to be -punished with more or less severity. To this, however, there was an -exception in a case the singularity of which deserves mention. Perhaps -the most distinguished Franciscan theologian of his day was Miguel de -Medina. He fell under suspicion of Lutheranism, was arrested and tried -and died during trial, May 1, 1578, in the secret prison of Toledo after -four years of detention. Another Franciscan, Francisco Ortiz, espoused -his cause so zealously that, in a public sermon in 1576 he pronounced -the trial to be unjust, for it was the work of a conspiracy among his -brother frailes; the arrest was a mortal sin, as though it were St. -Jerome or St. Augustin, and the inquisitor-general (Espinosa) who had -signed the warrant was in hell unless he had repented; the inquisitors -were ashamed and were seeking to avert the disgrace from themselves, -when they ought to be punishing the perjury of those who had testified. -This was flat blasphemy against the Holy Office, and it is not easy to -understand why the daring fraile escaped, when tried by the tribunal of -Toledo, with a reprimand administered privately in the audience-chamber -and a prohibition to enter Madrid without permission--a sentence which -was duly confirmed by the Suprema.[907] We shall see hereafter that -another Fray Francisco Ortiz, for a similar offence, did not escape so -easily. - - * * * * * - -These were the defences thrown around the Inquisition to secure its -effectiveness in its supreme function of maintaining religious unity, -and these were the efforts which it made to secure the recognition of -the supremacy to which it aspired. It was an institution suddenly -introduced into an established ecclesiastical and secular hierarchy, -which regarded the intruder with natural jealousy and dislike and -resented its manifest resolve to use its spiritual authority for their -humiliation. Its arrogant self-assertion led it into frequent mistakes -in which even its royal protectors could not justify it, but it -gradually won its way under the Hapsburgs. The advent of the Bourbons -brought into play a new theory as to the relations between Church and -State and the civil authorities were able in time to vindicate their -equality and independence. We shall have the opportunity of following -this struggle, in which religion was in no way concerned, for the -defence of the faith was a pretext under which the Holy Office sought to -arrogate to itself control over a constantly widening area of secular -affairs, while claiming release from secular obligations. - - - - -CHAPTER III. - -PRIVILEGES AND EXEMPTIONS. - - -Before the Revolution introduced the theory of equality, class -privileges were the rule. The public burdens were eluded by those best -able to bear them and were accumulated on the toilers. The mortmain -lands held by the Church were exempt from both taxation and military -service and, though Philip V, in the Concordat of 1737, obtained the -privilege of taxing such as might subsequently be acquired, the repeated -decrees for its enforcement show the impossibility of enforcing it.[908] -The complete immunity of ecclesiastics from taxation was emphatically -asserted by Boniface VIII in the bull _Clericis laicos_ and, although -this was revoked by the Council of Vienne in 1312, care was taken to -enunciate the principle as still in vigor.[909] Yet in the kingdoms of -Aragon they were subject to all imposts on sales, to import and export -dues and other local taxation and, when resistance was offered to this, -Charles V procured from Adrian VI, in 1522, and from Clement VII, in -1524, briefs confirming their liability.[910] _Hidalguia_, or gentle -blood, conferred a multiplicity of privileges, including exemption from -taxation, royal and local, with certain exceptions that were largely -evaded, and the _labrador_--the peasant or commoner--was distinctively -known as a _pechero_ or tax-payer.[911] That in such a social order the -Inquisition should seek for its members all the exemptions that it could -grasp was too natural to excite surprise, though it might occasionally -provoke resistance. - -As regards freedom from taxation, the subject is complicated by -questions concerning royal and local imposts, by the varying customs in -the different provinces, and by the distinction between the active -officials of the tribunals, known as _titulados y asalaridos_, and the -more numerous unsalaried ones, who were only called upon occasionally -for service, such as familiars, commissioners, notaries, consultors and -censors. Their rights were loosely defined and were subject to perpetual -variation by conflicting decisions in the contests that were constantly -occurring with the secular authorities, provoked by habitual antagonism -and the frequent imposition of new taxes, raising new questions. -Ferdinand wrote sharply, April 13, 1504, to the town-council of -Barcelona, when it attempted to subject the officials of the tribunal to -the burdens borne by other citizens, in violation of the pre-eminences -and exemptions of the Holy Office, and he warned them to desist, in view -of the judicial measures that would be taken. Yet, in 1508, we find him -writing still more sharply to that tribunal, scolding it because it had -taken from the house of the alguazil of the Bailía a female slave and, -without waiting for formal judgement, had sold her without paying the -royal impost of twenty per cent., a disregard of the regalías not -permitted to them. They had also issued an order on the custom-house to -pass free of duty certain articles for an inquisitor, which was against -all rule for, even if the goods were needed for the support of the -officials, it was a matter for the farmers of the revenue to decide, and -the issuing of such passes would be fruitful of fraud and loss.[912] - -[Sidenote: _TAXATION_] - -These instances indicate the uncertainties of the questions that were -constantly arising in the intricate system--or lack of system--of -Spanish taxation. To follow the subject in detail would be an endless -and unprofitable task. I have collected a considerable number of more or -less contradictory decisions of this early period, but the only -deductions to be drawn from them are the indefiniteness of the exemption -and the earnestness of the effort made to extend it by the Inquisition. -The matter evidently was one in which there were no recognized rules -and, in 1568, Philip II undertook to regulate it, at least in so far as -concerned royal taxation. He defined for each tribunal the officials who -were to be exempted from all taxes, excise and assessments, and forbade -their exaction under pain of fifty thousand maravedís and punishment at -the royal discretion, but this exemption was granted only during his -good pleasure, so that he retained full control and admitted no -privilege as inherent in the Inquisition. His enumeration moreover -comprised only the _titulados y asalariados_, holding commissions from -the Suprema and in constant service, and omitted the familiars and -others who greatly exceeded them in numbers.[913] - -This attempt at settlement left the matter still undefined and -provocative of endless strife. It said nothing as to local taxes; these -and the royal taxes were often indistinguishable, or so combined that -they could not be separated; the unsalaried officials were not -specifically declared to be taxable and were always striving for -exemption, and when, in the growing needs of the monarchy, new taxes -were imposed, there came ever fresh struggles conducted with the -customary violence of the Inquisition. May 10, 1632, the Royal Council -earnestly represented to Philip IV that it had already laid before him -certain excesses of the inquisitors of Cuenca to which he had not seen -fit to reply. Now the corregidor of Cuenca has reported other excesses -requiring immediate remedy, for they have issued an order, under pain of -excommunication and other penalties, that the collector of the excise on -wine, imposed for the pay of the troops, shall not collect it of the -salaried officials of the tribunal although they are laymen and subject -to it. They pretended that they were not liable to the alcavala (tax on -sales) but they were defeated in the suit on this before the Council of -Hacienda. And if this is permitted all the other tribunals will attempt -the same, and with their exemption will come that of their servants and -kindred and connections of all kinds, with frauds and concealment as -usual, resulting in increase of charge to other vassals and damage to -the treasury, for it seems as though the sole object of the inquisitors -is to diminish the royal patrimony.[914] Similar troubles attended the -levying of the _servicio de millones_, an exceedingly unpopular impost -on wine, meat, vinegar and other necessaries.[915] - -[Sidenote: _TAXATION_] - -When, in 1631, the tax of _media añata_, or half a year's salary levied -on appointees to office, was imposed there was a discussion as to -whether it was applicable to the Inquisition. This was settled in the -affirmative and the Suprema made no objection, for its collection was -taken from the _Sala de Media Añata_ and was given to Gabriel Ortiz de -Sotomayor, appointed by Inquisitor-general Zapata and when he, in the -course of a few years, became Bishop of Badajoz, the business was -intrusted to the inquisitor-general himself. For awhile the payments -were made with some regularity, but, in 1650, an investigation showed -that for a long while it had been quietly allowed to drop and, as it was -in the hands of the inquisitor-general, there were no means of enforcing -an accounting. For a year Arce y Reynoso eluded the efforts of the Sala -de Media Añata to obtain information and finally, May 17, 1651, the king -ordered him peremptorily to pay his own media añata (due since 1643), to -make the other officials do so and to furnish the required information -to the Sala. On receiving this he said there were difficulties in making -ecclesiastics like inquisitors pay, but he would consult the Suprema and -reply in July. July passed away and the Sala again applied to him, when -he replied that, as concerned the familiars and other secular officials, -orders had already been given and collections made, but as to clerics -there were scruples about which he would advise with the king. He failed -to do so and in October the king was urged to repeat his demand for -immediate payment. The outcome of the affair was that ecclesiastics were -exempted and laymen had to pay, while familiars, who had no salaries, -were assessed nine ducats--so Arce y Reynoso succeeded in eluding his -tax. Collection, moreover, from the laymen was not easy and, January 28, -1654, the Suprema issued general instructions to deduct it without -exception from the salaries. This only transferred the indebtedness from -the individuals to the receivers or treasurers of the tribunals, who -seem to have been equally slow to pay and, in 1655, an inquisitor in -each tribunal of Castile and the colonies was designated to collect the -money from the treasurer and remit it at once.[916] It is safe to assume -that the receipts were trivial and the whole business affords an -illustration of the methods by which the revenues of Spain were -frittered away before reaching the treasury. Whether productive or not, -however, the media añata remained until the end a permanent charge upon -the lay officials. In Valencia, in 1790, it had for ten years amounted -to an annual average of ten libras.[917] - -With regard to local taxation, contests were renewed at every new impost -with varying success, and a single case will elucidate the character of -these struggles. In 1645 the Córtes of Valencia agreed to furnish for -six years twelve hundred men to garrison Tortosa, reserving the right to -impose whatever duties or excise might be necessary to defray the -expense. In order that the clergy might be included the assent of -Archbishop Aliaga was sought, which he granted with difficulty and only -on condition that, within eight months, a confirmatory papal brief -should be obtained, which was duly accomplished. To meet the charge an -excise, known as the _sisa del corte_ was levied on all goods cut for -garments. The tribunal refused to submit to this and pointed to its -contributions to a loan of twenty thousand ducats made by the -Inquisition to the king in 1642, and to its payment since 1643 of five -per cent. of the salaries for the maintenance of certain mounted men. -The city yielded for a while and then a compromise was made; the -ecclesiastics at the time were paying eighteen deniers on the libra -(7-1/2 per cent.) while the officials of the tribunal were to be taxed -only six deniers (2-1/2 per cent.). To maintain their principle of -exemption, however, for some years they had their garments made in the -name of other ecclesiastics and paid the eighteen deniers, but in 1659 -they grew tired of this and paid the six deniers for themselves, first -registering a protest that it was without prejudice to their privileges -and exemptions. This continued until 1668, when suddenly, on June 19th, -the fiscal of the tribunal summoned the collectors of the _sisa del -corte_ to pass freely, within twenty-four hours, the cloth cut for the -garments of Benito Sanguino, the alcalde mayor, under pain of five -hundred ducats. On the 21st the syndics of the city and the collectors -interjected an appeal to the king, in spite of which the next day the -mandate was repeated, this time giving twelve hours for obedience and -adding excommunication to the fine. Another appeal was interposed and -the regent of the Audiencia applied for a _competencia_, or orderly -method of settling disputes, as provided in the Concordia, but -notwithstanding this the next day the excommunications were published -and the names of the collectors were affixed to the doors of the -cathedral as under the anathema of the Church.[918] The final outcome is -of little moment; the interest of the affair lies in its illustration of -the persistence of the Inquisition and the violence of its methods. - -In this respect the case is not exceptional. The formularies of the -Inquisition contained a full assortment of arbitrary mandates which it -employed, in place of seeking the legal courses prescribed in the -Concordias, by which the king and the Córtes sought to preserve the -peace. One of these, drawn in the name of the tribunal of Llerena, -addressed to the governor and magistrates, recites that complaint has -been made of the imposition on officials and familiars of a new octroi -on meat and proceeds to assert that, by immemorial custom and royal -cédulas, the commissioned officials are exempted from paying any taxes, -excise, imposts and assessments, whether royal or local or otherwise; -the magistrates are commanded within two hours to desist from the -attempt, under pain of major excommunication and a fine of a hundred -thousand maravedís for the governor or his deputy and of fifty thousand -for subordinates, with the threat, in case of disobedience, of -prosecution with the full rigor of law. Moreover the secretary or notary -of the city is ordered within the two hours to bring to the tribunal and -surrender all papers concerning the assessment on the officials, under -pain of excommunication and ten thousand maravedís.[919] Such were the -peremptory commands habitually employed, the arrogance of which rendered -them especially galling. - -[Sidenote: _TAXATION_] - -Not only were these fulminations ready for use when the case occurred, -but there were formulas drawn up in advance to prevent any attempted -infraction of the privileges claimed by the officials. Thus this same -collection has one addressed to the corregidor and magistrates of a town -where a fair is to be held, reciting that an official of the tribunal -proposes to send thither a certain number of cattle bearing his brand, -which he swears to be of his own raising and, as he is exempt from -paying alcavala, tolls, ferriages, royal servicio and all other -assessments and dues and, as he fears that there may be an attempt to -impose them, therefore all officials and collectors are ordered, under -pain of major excommunication and two hundred ducats, to abstain from -all such attempts, with threats of further punishment in case of -disobedience.[920] The enormous advantage which the official thus -possessed is plain, as well as the door which it opened to fraud. That -the claim was groundless appears by a memorial presented to the Suprema -in 1623, in response to a call by Inquisitor-general Pacheco on his -colleagues for suggestions as to the better government and improvement -of the Inquisition--a remarkable paper to which reference will -frequently be made hereafter. On this point it states that, in some -tribunals, the officials are exempted from paying the alcavala on the -products of their estates, while in others they are not. In some, a -portion of the officials have dexterously secured exemption, while -others have been compelled to pay, by judicial decision, as there is no -basis for such claims. If there is no right or privilege of exemption, -it is not seen how the officials can conscientiously escape payment, or -how the inquisitors can defend them in evading it, besides the numerous -suits thence arising which occupy the time of the tribunals. To cure -this it is suggested that the king grant exemptions to all, for there -are not more than two or three in each tribunal to be thus -benefited.[921] This suggestion was not adopted, but the claim was -persisted in with its perpetual exasperation and multiplicity of -litigation. - -The large numbers of the unsalaried officials, especially the familiars, -rendered the question of their exemption of considerably greater -importance. They had no claim to it, but they were persistently -endeavoring to establish the right and for the most part they were -supported by the tribunals in the customary arbitrary fashion. In the -futile Concordia of Catalonia in 1599, it was provided that levies and -executions for all taxes and imposts could be made on familiars and -commissioners by the ordinary officers of justice. In the memorial to -Clement VIII asking for the disallowance of this Concordia, the Suprema -proved learnedly, by a series of canons from the fourth Council of -Lateran down, that the cruce-signati (whom it claimed to correspond with -the modern familiars) were exempt. It even had the audacity to cite the -Concordia of 1514, which in reality denied their exemption, and it -assumed with equal untruth that this was the universal custom in -Spain.[922] Yet, in a consulta of December 30, 1633, the Suprema tacitly -excluded the unsalaried officials when it argued that there were not, -exclusive of ecclesiastics, more than two hundred officials in Spain -entitled to the exemption.[923] - -[Sidenote: _TAXATION_] - -Still, the Inquisition fought the battle for the unsalaried officials -with as much vigor as for the salaried. In 1634 the levying of a few -reales on a familiar of Vicalvero, on the occasion of the voyage to -Barcelona of the Infante Fernando, was resisted with such violence by -the tribunal of Toledo, that finally the king had to intervene, -resulting in the banishment and deprival of temporalities of a clerical -official and the summoning to court of the senior inquisitor.[924] In -1636, Philip IV, to meet the extravagant outlays on the palace of Buen -Retiro, levied a special tax on all the towns of the district of Madrid. -In Vallecas the quota was assessed on the inhabitants, among whom was a -familiar who refused to pay, when the local alcaldes levied upon his -property. He appealed to the Suprema which referred the matter to the -tribunal of Toledo and it arrested the alcaldes and condemned them in -heavy penalties. Then the Alcaldes de Casa y Corte, the highest criminal -court, intervened and arrested the familiar, whereupon the Suprema twice -sent to the _Sala de los Alcaldes_, declaring them to be excommunicated, -but the bearer of the censure was refused audience. On this the Suprema, -with the assent of the Council of Castile, sent a cleric to arrest the -alcaldes and convey them out of the kingdom, and on March 12th, in all -the churches of Madrid, they were published as excommunicate and subject -to all the penalties of the bull _in Coena Domini_.[925] What was the -outcome of this the chronicler fails to inform us, but the Council of -Castile took a different view of the question when, in 1639, one of its -members, Don Antonio Valdés, who had been sent to Extremadura as -commissioner to raise troops, was publicly excommunicated by the -tribunal of Llerena because, in assessing contributions for that -purpose, he had not exempted its officials and familiars. The Council -thereupon appealed to Philip, who ordered the decree expunged from the -records and that a copy of the royal order should be posted in the -secretariate of the tribunal.[926] - -Yet it was about this time that the claim in behalf of unsalaried -officials seems to have been abandoned, for, in 1636, 1643 and 1644 the -Suprema issued repeated injunctions that in the existing distress the -royal imposts and taxes must be paid. In 1646 it ordered the tribunal of -Valencia not to defend two familiars in resisting payment and in the -same year the Córtes of Aragon gained a victory which subjected them to -all local charges.[927] - -With the advent of the Bourbons the salaried officials found a change in -this as in so much else. In the financial exigencies of the War of -Succession they were subjected to repeated levies. Philip V called upon -them for five per cent. of their salaries and then for ten per cent. to -which they were forced to submit. In 1712 a general tax was laid of a -doubloon per hearth, which was assessed in each community according to -the wealth of the individual. There were no exemptions and appeals were -heard only by the provincial superintendents of the revenue. The sole -concession obtained by the Suprema was that, where officials of the -Inquisition were concerned, the local tribunal could name an assessor to -sit with the superintendent and it warned the tribunals that any -interference with the collection would be repressed with the utmost -severity.[928] Salaries, however, were held to be subject only to -demands from the crown for, when Saragossa in 1727 endeavored to include -them in an assessment for local taxation, Philip, in response to an -appeal from the Suprema, decided that those of the Inquisition, in -common with other tribunals, should be exempt, but that real and -personal property, including trade, belonging to officials, should be -held liable to the tax.[929] - -Towards the close of the eighteenth century various documents show that -all ideas of resistance and all pleas of exemption had been abandoned. -The Holy Office submitted to ordinary and extraordinary exactions and -the Suprema warned the tribunals that the assessments were wholly in the -hands of the royal officers and that it had no cognizance of the matter. -The calls were frequent and heavy, as when, in 1794, four per cent. was -levied on all salaries of over eight hundred ducats, and three months -later a demand was made of one-third of the fruits of all benefices and -prebends, which was meekly submitted to and statements were obediently -rendered.[930] Under the Restoration, the Inquisition was less -tractable. In 1818 an incometax was levied and was imposed on all -salaries, including those of the Suprema, which at once prepared for -resistance. There seems to have been a prolonged struggle with a -successful result for, on November 17th, it issued a circular enclosing -a royal order which conceded exemption.[931] - - * * * * * - -The exemption from taxation, which included import and export dues or -merchandise and provisions required for officials and prisoners, led to -the claim of other privileges and to not a few abuses. It was not -confined to sea-ports and frontier towns, for the jealous particularism -of the kingdoms, dynastically united, kept up their antagonistic policy -towards each other and intercourse between them was subjected to -regulations similar to those of foreign trade. The exemption from these, -as well as from the octroi duties of the towns, was a most important -privilege, capable of being turned to account in many ways besides -diminishing the expenses of the officials. - -[Sidenote: _CUSTOMS DUTIES_] - -We have seen that Ferdinand, in 1508, prohibited the issue of orders to -pass goods free, but nevertheless it continued. When, in 1540, Blas -Ortiz went to take possession of his office as inquisitor of Valencia, -the Suprema furnished him with a pass addressed to all customs officials -permitting him to cross the frontiers with three horses and four -pack-mules; he could be required to swear that what he carried was his -private property and was not for sale, but all further interference was -hidden under pain of excommunication and a hundred ducats.[932] It was -not only on such occasions, however, that the customhouses were thus -eluded. Before the introduction of regular posts, the constant -communications between the tribunals and with the Suprema were carried -by couriers or by muleteers, and the mysterious secrecy which shrouded -all the operations of the Holy Office furnished an excuse for preventing -any risk that these sacred packages should be examined. All bearers of -letters therefore, even when they had loaded mules, were furnished with -passes forbidding, under excommunication and fine, any unpacking or -investigation of what they carried.[933] The facilities thus offered for -contraband trade are obvious and their value can only be appreciated -through a knowledge of the elaborate system of import and export duties -and prohibitions of import and export which characterize the policy of -the period.[934] Complaints were fruitless, for when the Council of -Hacienda issued letters against certain familiars in the Canaries, -detected in importing prohibited goods, Philip II, February 11, 1593, -ordered the letters to be recalled and that no more should be -issued.[935] - -There were few things concerning which there was more jealousy than the -transfer of grain from one Spanish kingdom to another, and when it was -permitted there were duties, either import or export or perhaps both. -Deficient harvests, in one province or another, were not infrequent and -the tribunals were constantly seeking special relief by obtaining -permits to violate the laws, or by violating the laws without permits. -Many instances of this could be cited, but it will suffice to recount -the experience of the Valencia tribunal in endeavoring to obtain wheat -from Aragon. For this it had special facilities, for the Aragonese -districts of Teruel and Albarracin were subject to it, but, on the other -hand, Aragon was especially firm in prohibiting the exportation of -wheat. In 1522 the tribunal undertook to bring some wheat from Aragon -and threatened the frontier officials with excommunication if they -should interfere. In spite of this they detained it, when the inquisitor -published the censures and imprisoned a guard whom he caught, whereupon -the Aragonese Diputados remonstrated, saying that if the emperor or pope -wanted wheat from Aragon he applied for licence, and begging the -inquisitor to keep within his jurisdiction and release the guard. Then -an accommodation was reached and the tribunal was permitted to bring in -thirty cahizes (about one hundred bushels), on condition of removing any -excommunication that might exist, but it repudiated its side of the -agreement and summoned the officials to appear and receive penance. This -exhausted the patience of the Diputados; they ordered the wheat to be -stopped or, if it had gone forward to be followed and captured with the -mules bearing it; the inquisitor might do what he pleased, but they -would employ all the forces of the kingdom and enforce respect for the -laws. The position in which the inquisitor had placed himself was so -untenable that the inquisitor-general issued an order forbidding -tribunals to take anything out of Aragon in violation of the -prohibitions.[936] - -[Sidenote: _IMPORTATION OF WHEAT_] - -The effect of this rebuff was evanescent. The tribunal persisted and by -false pretences established a claim which, in 1591, the Suprema warned -it to use with moderation as the Council of Aragon was making complaint. -As usual no attention was paid to this and, in 1597, Philip II was -compelled to interfere because the tribunal was issuing to excess -letters authorizing the export of wheat from Teruel--an abuse which was -doubtless abundantly profitable.[937] If this brought any amendment it -was transient. On June 16, 1606, the Diputados represented to the -tribunal that they were bound by their oaths of office, under pain of -excommunication, to enforce the laws prohibiting the export of wheat; -that, in spite of these laws, large quantities were carried to Valencia, -to the destruction and total ruin of the land, by individuals armed with -licences issued by the tribunal, wherefore they prayed that no more -licences be issued. No attention was paid to this and on January 8, -1607, they wrote again, stating that the abuse was increasing and that -they must appeal to the king and the Suprema for its suppression. This -brought an answer to the effect that the tribunal was more moderate than -it had previously been and would continue to be so as it would find -convenient, without prejudice to the rights conceded to it by the royal -cédulas and, as it was occupied in the service of God, it could -reasonably exercise those rights. The asserted rights under which it had -so long nullified the laws of Aragon were a conscious fraud for, when it -complained to the Suprema of the interference of the Diputados with its -immemorial privilege and enclosed the royal cédula conferring it, the -Suprema pointed out that this referred only to Castile and not to -Aragon; the complaints of the Diputados had been listened to and all -that could be done was to invoke the good offices of the Saragossa -tribunal to obtain permission to get fifteen hundred bushels per annum. -The Saragossa inquisitors willingly lent their aid, but in vain. They -wrote, June 6, 1608, that they had brought to bear all their influence -on the Diputados who declared that the _fuero_ prohibiting the export of -grain was too strict for them to violate it. A correspondence ensued -with the Suprema which ordered the tribunal, February 8, 1610, to -abstain, as previously ordered, but if, in any year, there should be -special necessity, it might report the quantity required when -instructions would be given. This imposed silence on it until 1618, when -another attempt was made to overcome the obstinacy of the Diputados; it -had abstained, the tribunal said, for some years from issuing licences, -in consequence of the great abuses and excesses of those to whom they -were granted, but now the sterility of the land causes great -inconveniences and it asks that the fruits of its prebends in Aragon and -its rents be invested in wheat allowed to be exported. The Diputados -however wisely refused to open the door; the law to which they had sworn -imposed heavy penalties for its infraction and they were compelled to -refuse. This was probably effectual, as far as concerned Aragon, for we -happen to find the tribunal, in 1631, obtaining from the king licence to -import two hundred and fifty bushels from Castile.[938] - -IMPORTATION OF WHEAT - -[Sidenote: _EVASION OF OCTROI DUTIES_] - -This narrative is instructive in more ways than one. The pretence of -necessity in the service of God was as fraudulent as the claims put -forward. The whole business was purely speculative and the licences were -doubtless sold to the highest bidder through all these years. The -Valencian tribunal was at no time in need of wheat from Aragon or -Castile, for it had ample privileges at home for all its wants and it -was working these local privileges for a profit to some one. Among other -public-spirited acts of Ximenes was the founding, in 1512, of an -_alhondiga_, or public granary, in Toledo so that, as we are told in -1569, in times of scarcity the citizens could procure supplies at -moderate prices.[939] It was probably owing to this that other cities, -including Valencia, formed establishments of the kind, monopolizing the -traffic in wheat, to which the citizens resorted day by day for their -provision. When a loss occurred in the business, from a surplus over the -demand or from spoiling of the grain, it was assessed upon the citizens, -under the name of _pan asegurado_, but, in 1530, the magistrates -relieved the officials of the tribunal from sharing this burden and the -exemption is enumerated, in 1707, as still among its privileges.[940] -Another privilege, which it shared with the viceroy and the archbishop, -was that the baker who served it was the second one allowed every -morning to enter the granary and select a sack of wheat (_trigo fuerte_) -of five and a half bushels and every week a _cahiz_ (3-1/2 bushels) of -_trigo candeal_, without payment save a small tax known as _murs y -valls_--evidently for the maintenance of the city defences. This he -baked and distributed the bread among the officials and to the prison, -in allotted portions, and what was over he sold--showing that the -tribunal not only got its wheat gratuitously but more than it needed, to -somebody's profit. The amount must have been considerable, for the -bakers complained of the unfair competition of the favored baker and, in -1609, the city endeavored to put an end to the abuse, but without -success. The matter slumbered until 1627, when the city obtained a royal -cédula abolishing the privilege of taking the wheat, but obedience to -this was refused because it had been issued without preliminary notice -to the other side and without a junta or conference between the Suprema -and the Council of Aragon. Then the city ordered the baker no longer to -go to the granary for wheat and the aggrieved Suprema complained loudly -to the king, urging him to consider the services to God and the tonsure -of the inquisitors and not to allow these holy labors to be interrupted -by the necessity of going personally to the granary. To this Philip -replied by ordering the fueros to be observed, which was virtually a -confirmation of his cédula, but this seems to have been similarly -disregarded, for, in 1628 we find the city again endeavoring to put an -end to the collateral abuse of the sale of the surplus bread and the -tribunal busily engaged in gathering testimony to prove that this had -publicly been the custom from time immemorial. In proving this, however, -it also proved unconsciously how fraudulent had been the claim that it -had been in need of wheat from Aragon.[941] - -This commercial development of the Inquisition led it to utilize its -exemption from taxation and octroi duties by opening shops for the -necessaries of life, causing violent quarrels with the cities whose -revenues were impaired and whose laws were ostentatiously disregarded. -Among a number of cases of this in the records, a series of occurrences -in Saragossa will illustrate this phase of the activity of the Holy -Office. A large part of the local revenues of the city was derived from -a monopoly of wine, meal and provisions and no citizen was allowed to -bring these articles within the gates. The Aljafería, occupied by the -tribunal, was situated a few hundred feet beyond the walls; the -inquisitors assumed that they were not bound by the municipal -regulations; they introduced what they pleased into the town and the -authorities complained that they maintained in the Aljafería a public -meat-market, a tavern and a shop where citizens could purchase freely to -the infinite damage of the public revenues. The Córtes of 1626 demanded -that affairs should be reduced to what they had been prior to the -troubles of 1591, when the Aljafería was garrisoned with soldiers, -giving rise to profitable trade, but the Suprema prevented the royal -confirmation of the acts of the Córtes and the matter was left open. -This led to troubles which came to a head, September 21, 1626, when a -load of wine for the tribunal on entering the city was seized under the -law by the guard and taken to the house of one of the jurados or -town-councillors. At once the inquisitors issued letters demanding its -release under pain of excommunication and a thousand ducats. The jurados -lost no time in forming the _competencia_, which, in accordance with the -existing Concordia, was the method provided for deciding such contests, -but the inquisitors refused to join in it, asserting that there could be -no competencia, as it was a matter of faith and impeding the Inquisition -in the exercise of its functions. They arrested and imprisoned one of -the guards, notwithstanding that he had letters of _manifestacion_ from -the court of the Justicia of Aragon--a species of habeas corpus of the -highest privilege in Aragon, which was traditionally venerated as the -palladium of popular liberty--and the next day they seized three more -who were likewise _manifestados_. The incensed magistrates applied to -the Justicia and to the Diputados, to release by force the prisoners -from the Aljafería and there was prospect of serious disorder. The -Governor of Aragon, however succeeded in getting himself accepted as -umpire by both sides and temporarily quieted them by the compromise that -the wagon, mules and wine should be delivered to him, that the prisoners -should be surrendered through him to the city and that the comminatory -letters should be withdrawn, all this being without prejudice to either -party. He wrote earnestly to the king, pointing out the imminent danger -of an outbreak and the necessity of a decision that should avert such -perils for the future; if the assumption that such questions were -matters of faith were admitted, the inquisitors could refuse all -competencias, which would annul the Concordia and destroy the royal -jurisdiction. The city also addressed him, saying that the inquisitors -had refused to abstain from further action pending his decision and if -these pretensions were admitted they would be unable to pay him the -servicio which had been granted.[942] - -[Sidenote: _SALT AND BAKE-OVEN_] - -This resulted in a compromise, agreed upon between the Suprema and the -Council of Aragon, under which the city obligated itself to supply the -tribunal with meat, wine and ice. It was impossible however to compel -the Inquisition to observe compacts. Fresh complaints arose, the nature -of which is indicated by a decree of Philip IV, June 17, 1630, requiring -the Suprema to order the inquisitors to keep to the agreement and not to -sell any portion of the provisions furnished and further to stop the -trade carried on in some little houses in the Aljafería where the -municipal supervisors could not inspect them. This resulted in a fresh -agreement of December 7, 1631, under which the city bought for three -thousand crowns the _casa de penitencia_, or prison for penitents, and -engaged to maintain in it shops to the sale of meat and ice to the -inhabitants of the Aljafería at the prices current in the town.[943] - -Probably this quieted the matter, but before long the irrepressible -inquisitors started another disturbance. The salt-works of Remolinos and -el Castellon belonged to the royal patrimony and were farmed out under -condition that no other salt should be sold or used in Saragossa and -some other places under heavy fines. To enforce this there were -commissioners empowered to investigate all suspected places, even -churches not being exempt. In 1640 a party in the city was found to be -selling salt and confessed that he obtained it from the gardener of the -Aljafería. The commissioner, Baltasar Peralta, went there with a -scrivener and in the gardener's cottage they found two sacks, one empty, -the other nearly full of salt, with a half-peck measure. They announced -the penalty to the gardener's wife and proceeded to enforce it in the -customary manner by seizing pledges--in the present case, three horses. -The inquisitor, who had doubtless been sent for, came as they were -leading the horses away, forced the surrender of the horses and salt and -told them that they should deem themselves lucky if they were not thrown -in prison. Thereupon the royal advocate-fiscal of Aragon, Adrian de -Sada, reported the case to the king, adding that it was learned that the -coachman of one of the inquisitors was selling salt from the salt-works -of Sobradiel. He pointed out that, if the servants of the Inquisition -could sell salt freely and the royal officials be deterred by threats -from investigation, the revenue would be seriously impaired, for no one -would venture to farm the salt-works, and he asked for instructions -before resorting to proceedings which might disturb the public peace, as -had happened on previous occasions. The matter was referred to the -Council of Aragon, which advised the king to issue imperative commands -that the inquisitors should not obstruct the detection and punishment of -frauds, for their cognizance in no way pertained to the Holy -Office.[944] - -The Saragossa tribunal had a still more prolonged and bitter dispute -with the city over the bake-oven of the Aljafería. This belonged to the -crown and, at some time prior to 1630, Philip IV made it over to the -tribunal which was pleading poverty. Its use of the privilege soon -brought it into conflict with the city, but a complicated arrangement -respecting it was included in the agreement of December 7, 1631, -requiring the baker to purchase at least seventy bushels of wheat per -month from the public granary, with certain restrictions as to the -places whence he could procure further supplies. In 1649 we chance to -learn that the oven was farmed out for six thousand reales per annum and -in 1663, a lively conflict arose because the tribunal had granted a -lease which was not subject to the restrictions of 1631. Then again, in -1690, the trouble broke out afresh, each side accusing the other of -violating the agreement. All the authorities, from the king and viceroy -down, were invoked to settle it; there were fears of violence but, May -1, 1691, the tribunal reported to the Suprema that a compromise had been -reached on satisfactory terms.[945] - -The independent spirit of Aragon caused it to suffer less from the -mercantile enterprises of the Inquisition than the more submissive -temper of Castile. In 1623 there was a flagrant case in Toledo, arising -from a butcher-shop established by the tribunal in violation of the -municipal laws. Its violent methods triumphed and Don Luis de Paredes, -an alcalde de corte, sent thither to settle the matter, was disgraced -for attempting to restrain it. This called forth an energetic protest -from the Council of Castile, which boldly told the king that he should -not shut his eyes to the fact that the inquisitors were extending their -privileges to matters beyond their competence, with such prejudice to -the public weal that they were making themselves superior to the laws, -to the government and to the royal power, trampling on the judges, -seizing the original documents, forcing them to revoke their righteous -acts, arresting their officials and treating them as heretics because -they discharged their duty.[946] - -[Sidenote: _SEIZURE OF PROVISIONS_] - -In procuring provisions, whether for consumption or sale, besides the -freedom from local imposts, the Inquisition had the further advantage of -employing coercive methods on unwilling vendors and of disregarding -local regulations and prohibitions. As early as 1533 the Aragonese, at -the Córtes of Monzon, took the alarm and petitioned that the statutes of -the towns, when short of bread-stuffs and provisions, should be binding -on officials of the Inquisition, to which the emperor's reply was the -equivocating one customary when evading confirmation.[947] The -significance of this is manifested by a _carta acordada_ of 1540, -authorizing the tribunals to get wheat in the villages for their -officials and prisoners and, if the local magistrates interfere, to -coerce them with excommunication. Yet inquisitorial zeal in using this -permission sometimes overstepped the bounds and, in this same year, the -Suprema had occasion to rebuke a tribunal which had issued orders to -furnish it with wheat under pain of a hundred lashes, for it was told -that, in rendering such extra-judicial sentences, it was exceeding its -jurisdiction.[948] How bravely the Suprema itself overcame all such -scruples was manifest when laws of maximum prices, and the heavy -discount on the legal-tender spurious vellon coinage, rendered holders -of goods unwilling to part with them at the legal rates. It issued, -February 14, 1626, to its alcalde, Pedro de Salazar, an order to go to -any places in the vicinage and embargo sheep and whatever else he deemed -necessary, sufficient for the maintenance of the households of the -inquisitor-general and of the members and officials, paying therefore at -the rates fixed by law, to effect which he was empowered to call for aid -on all royal justices, who were required to furnish all necessary aid -under penalty of major excommunication _latæ sententiæ_ and five hundred -ducats. So again, on April 11, 1630, Salazar was ordered to go anywhere -in the kingdom and seize six bushels of wheat, in baked bread, for the -same households, paying for it at the established price, and all -officials, secular, ecclesiastical and inquisitorial, were required to -assist him under the same penalties.[949] This was an organized raid on -all the bakeries of Madrid, and Salazar was more scrupulous than the -average official of the time if he did not turn an honest penny by -taking bread on his own account at the legal rate and selling it at the -current one.[950] - -The tribunal of Valencia enjoyed another privilege in the important -matter of salt, the royal monopoly of which rendered it so costly to the -ordinary consumer. Every year the tribunal issued an order to the -farmers of the salt-works, commanding them, under pain of -excommunication and fifty ducats, to deliver to the receiver of -confiscations twelve cahizes (about forty-two bushels) of refined salt, -at the price of eight reales the cahiz, and the custom-house officials -were summoned, under the same penalties, to let it pass without -detention or trouble for the service of God. The salt was duly -apportioned among the officials at this trivial price, each inquisitor -getting four bushels down to the messengers who received two-thirds of a -bushel, and even _jubilado_ officials had their portion. When or how -this originated is unknown; in 1644 it seems established as of old date -and it continued until 1710, when the new dynasty brought it to a sudden -conclusion. The Council of Hacienda reported it to the king, as though -it were a novelty just discovered, pointing out that the eight reales -were less than the cost of transport from the works to the magazines; -that the manufacture was a monopoly of the regalías and the price -charged was in no respect a tax or impost, but was regulated by the -necessities of the national defence; that no other tribunal in Spain, -secular or ecclesiastic, made such a demand, while the publication of -censures against royal officials was dangerous in those calamitous -times. This aroused Philip, who ordered a prompt remedy. The Suprema no -longer ventured an opposition or remonstrance, but wrote immediately to -Valencia expressing its surprise; the demand must be withdrawn at once; -if any censures had been published they must be revoked and no such -demonstration should have been made without previous consultation.[951] - -It would be superfluous to adduce further examples of the manner in -which the tribunals abused their power for unlawful gains and benefits, -and we can readily conceive the exasperation thus excited, even among -those most zealous in the extermination of heresy. - - * * * * * - -[Sidenote: _BILLETING TROOPS_] - -Few of the privileges claimed by the Inquisition gave rise to more -bickering and contention than its demand that all connected with it -should be exempt from the billeting of troops and the furnishing of -_bagages_ or beasts of burden for transportation. The subject is one of -minor importance, but it furnishes so typical an illustration of -inquisitorial methods that it is worthy of examination somewhat in -detail. Under the old monarchy the _yantar_ or _droit de gîte_, or right -to free quarters, was an insufferable burden. Almost every Córtes of -Leon and Castile, from the twelfth century complained of it -energetically, for it was exercised, not only by the royal court in its -incessant peregrinations, but by nobles and others who could enforce it, -and it was accompanied by spoliation of every kind, while the -impressment of beasts of burden was an associated abuse and even the -lands of the Church were not exempt.[952] The more independent Aragonese -were unwilling to submit to it, and a fuero of the Córtes of Aleañiz, in -1436, provided that the courtiers and followers of the king should pay -all Christians in whose houses they lodged.[953] When the Inquisition -was founded and was to a great extent peripatetic, its officials -apparently claimed free quarters, for a clause in the Instructions of -1498 provides that where a tribunal was set up they should pay for their -accommodations and provide their own beds and necessaries.[954] When -travelling, a decree of Ferdinand, October 21, 1500, repeated in 1507, -1516, 1518, 1532, and 1561, provided that they should have gratuitous -lodging and beds, with food at moderate prices.[955] The frequent -repetition of this indicates that it aroused opposition and, in 1601, -when the inquisitor of Valencia was ordered to go at once on a -visitation of Tortosa, he was told not to oppress the city by demanding -free quarters but to lodge decently in a monastery or in the house of -some official.[956] - -Furnishing free quarters however was different from enjoying them. The -old abuses gradually disappeared with the settled habitations for kings -and tribunals, but the change in military organization, with standing -armies, gave rise to others which, if more occasional, were also more -oppressive--the billeting of troops. When Louis XIV resorted to the -_dragonnades_--the quartering of dragoons on Huguenot families--as an -effective coercion to conversion, it shows how severe was the -infliction. The rebellion of Catalonia, in 1640, had for its proximate -cause the outrages committed by troops quartered for the winter in -places insufficient for their support, culminating in their burning the -churches of Riu de Arenas and Montiró.[957] The massacre in Saragossa, -December 28, 1705, of the French troops in the service of Philip V, had -the same origin.[958] - -As the pay of Spanish armies was habitually in arrears and the -commissariat system imperfect, it can be realized how valuable was the -privilege of exemption from entertaining these uninvited guests and -providing them with transportation when they departed. In the war with -Portugal, in 1666, Galicia suffered so seriously that we are told a -company of cavalry was worth to its captain two thousand ducats in -ransoms, from outrage.[959] That the Inquisition should claim such -exemption was to be expected, for it was one of the privileges of -hidalgos, but the earliest allusion to it that I have met occurs in -1548, when Inquisitor-general Valdés ordered that no billets must be -given on houses occupied by inquisitors or officials, even though not -their own or during their absence, for their clothes were in them.[960] -What authority he had to issue such a command it might be difficult to -say, but it indicates that the exemption was an innovation and, as it -refers only to salaried officials, it infers that the numerous -unsalaried ones were not entitled to the privilege, which is further -proved by the fact that, in the Castilian Concordia of 1553, regulating -the exemptions of familiars, there is no allusion to billeting. The -action of Valdés, however, settled the matter as far as the salaried -officials were concerned and even the Aragonese Córtes of 1646, which -greatly limited the claims of the Inquisition, admitted that they had -the same privileges as hidalgos.[961] - -[Sidenote: _BILLETING TROOPS_] - -The determination with which this was enforced is seen in a case in -1695, when Inquisitor Sanz y Múñoz of Barcelona threatened with -excommunication and a fine of two hundred libras the town-councillors of -Manlleu if they should assign quarters in a country-house belonging to -the portero of the Inquisition, although it was occupied by a peasant -who worked on the land. The councillors appealed for protection to the -Audiencia, or royal court, which invited the inquisitor to settle the -matter amicably in the prescribed form of a competencia, but he treated -the overture with such contempt that he promptly issued a second -mandate, under the same penalties, and summoned the councillors to -appear before him as having incurred them. The Audiencia made another -attempt at pacification to which he replied that he proposed at once to -declare the councillors as publicly excommunicated. The Diputados of -Catalonia thereupon protested vigorously to the king that, while all the -rest of the people were patriotically united in aiding the war, and the -gentry had voluntarily foregone their privilege of exemption, the -officials and familiars of the Inquisition were exciting tumults and -riots in their efforts to extend exemptions to those who had no -claim.[962] - -The chief trouble arose with the unsalaried officials, especially the -multitudinous familiars, who had no claim to exemption. The Barcelona -tribunal seems to have started it, for one of the complaints made to de -Soto Salazar, on his visitation of 1567, was that the inquisitors -forbade the quartering of soldiers in the houses of familiars; in his -report he suggested that it should be done when necessary and the -Aragonese Concordia of 1568 followed this idea by prohibiting -inquisitors to support familiars in refusing to receive men assigned to -them when there were no other houses to receive them.[963] There was -evidently no recognized exemption but a steady effort to establish one, -while the familiars complained that the hatred felt for them led to -their being oppressed with billets when others went free. To remedy this -Philip II, in a cédula of February 21, 1576, ordered that no -discrimination should be made against them, but that they should be -placed on an equality with justicias and regidores who were not called -upon to furnish quarters until all other houses were occupied. -Complaints continued and he advanced a step, February 22, 1579, by -decreeing that for three years, in towns of upwards of five hundred -hearths, familiars should be exempt from billeting and furnishing -transportation; in smaller towns, one-half should be exempted and where -there was but one he should be exempt. This was renewed frequently for -three years at a time and as frequently was overlooked, but this made -little difference for we are told by an experienced inquisitor that it -was always assumed to be in force and, when a familiar complained of a -billet, the tribunal would issue a mandate ordering his relief within -three hours under a penalty of 100,000 mrs.; if the exemption was in -force, a copy of the cédula was included in the mandate, if it was not -it still was quoted as existing in the archives of the tribunal.[964] - -There were few questions which gave rise to more embroilment than this. -Both sides were unscrupulous; the privilege excited ill-will, it was -evaded by the authorities wherever possible and the tribunals were kept -busy in defending their familiars with customary violence. At length, in -1634, the necessities of the state were pleaded by Philip IV as his -reason for withdrawing all exemptions--a measure which he was obliged to -repeat more than once.[965] It is somewhat remarkable therefore that, -when the Córtes of Aragon, in 1646, succeeded in greatly abridging the -privileges of familiars, they were included with the salaried officials -in the exemption from billets. This did not avail them much for we are -told that, in the changes effected by the Córtes, the terror felt for -the Inquisition was so greatly diminished that there was scant ceremony -in imposing on its officials; that the familiars were singled out to -have two or three soldiers quartered on them and when they complained -the tribunal ventured no more than to instruct its commissioner to use -persuasion.[966] Catalonia was not so fortunate and strife continued -with the usual bitterness. As a frontier province, in war time it was -occupied with troops and there were abundant opportunities for friction. -In 1695 the Diputados complained that, as the only mode of escaping -billets was to become a familiar, many had themselves appointed, -although there was already an innumerable multitude, and that even when -the local magistrates were compelled to receive soldiers, the familiars -refused, in contempt of the royal orders.[967] - -[Sidenote: _BILLETING TROOPS_] - -The War of Succession brought fresh necessities and the change of -dynasty was unfavorable to the Inquisition in this as in so much else. A -royal decree of February 11, 1706, abolished all exemptions but, as a -favor to the Inquisition, four of its officials were excepted in towns -and twenty in cities that were seats of tribunals. The Suprema accepted -this cheerfully but, when a decree of January 19, 1712, revoked all -exemptions, it remonstrated and was told that, while the king recognized -the claims of the Inquisition to all the privileges granted by his -predecessors, the existing urgency required the withdrawal of all -exemptions and, as the law was absolute, he could make no exceptions. -Although this covered the salaried officials, it seems to have been the -familiars who complained the loudest; possibly now that the tribunals -could no longer protect them they were exposed to special -discrimination. It was a question of money, however, rather than of -hardship, for a system of composition had been developed under which by -paying the _cuartel_ or _utensilio_--an assessment proportioned to the -wealth of the individual--the billet was escaped.[968] When the urgency -of immediate peril was passed these decrees were either withdrawn or -became obsolete. The claim of exemption revived and with it the active -efforts of the tribunals to protect those whose exemptions were -disregarded and to punish the officials who disregarded them.[969] - -In 1728 Philip V made a well-intentioned attempt to relieve the -oppression of the poor arising from the numerous classes of officials -who claimed exemption from the common burdens, including the billeting -of troops. As for the familiars, he says, who all claim exemptions and -give rise to disturbances, attacks on the local magistrates, with -excommunications and other penalties, and perpetual competencias, all -this must cease. Yet he admits their exemption and only insists that it -must be confined to the number allowed by the Concordia of 1553; that -limitation had never been observed and the inquisitors had appointed -large numbers in excess of it, in spite of perpetual remonstrance, and -Philip now ordered that tribunals should not issue certificates to more -than the legal number and should not take proceedings against the local -magistrates.[970] As usual the royal orders were disregarded. The -tribunal of Valencia threatened with excommunication and fine the -magistrates of Játiva and San Mateo, at the instance of some familiars -on whom soldiers had been quartered, and, on learning this, Philip -addressed the Suprema in 1729 stating that the records showed that -familiar were entitled to no exemption; even if they were, the tribunal -had exceeded its powers in employing obstreperous methods in defiance of -the royal decrees. There must be no competencia; the Valencia tribunal -must be notified not to exceed its jurisdiction and the Suprema itself -must observe the royal orders. After the delay of a month, the Suprema -forwarded the royal letter to Valencia, sullenly telling the tribunal to -report what could be done and not to act further without orders.[971] - -For two centuries the Inquisition had been accustomed to obey or to -disregard the royal decrees at its pleasure and to tyrannize over the -local authorities. The habit was not easily broken and it was hard to -conform itself to the new order of things. A formulary of about 1740 -contains a letter to be sent to magistrates granting billets on -familiars, couched in the old arrogant and peremptory terms and -threatening excommunication and a fine of two hundred ducats. Familiars, -it says, are not to furnish quarters and beasts of burden, except in -extreme urgency when no exemptions are permitted, and this it assumes to -be in accordance with the royal decrees, including the latest one of -November 3, 1737.[972] I can find no trace of a decree of 1737 and we -may assume that it was this obstinacy of the Inquisition that induced -Philip, in 1743, to reissue his decree of 1728 with an expression of -regret at its inobservance and the disastrous results which had ensued; -he added that, when the houses of the non-exempt were insufficient for -quartering troops, they could be billeted on hidalgos and nobles.[973] - -[Sidenote: _BEARING ARMS_] - -The Inquisition still adhered to its claims, but Carlos III taught it to -abandon its comminatory style. When, in 1781, the authorities of -Castellon de la Plana billeted troops on familiars, the Valencia -tribunal adopted the more judicious method of persuading the -captain-general that they were to be classed with hidalgos and he issued -orders to that effect. This did not please Carlos III, who brushed aside -the claim to exemption by a peremptory order that the familiars of -Castellon de la Plana should subject themselves to the local government -in the matters of billets and that there should be no change until he -should issue further commands.[974] - -This would seem in principle to abrogate all claims to exemption, but -Spanish tenacity still held fast to what it had claimed and, in 1800, -when José Poris, a familiar of Alcira, complained that the governor had -quartered on him an officer of the regiment of Sagunto, the Valencia -tribunal took measures for his relief.[975] The times were adverse to -privilege, however, and in 1805 the Captain-general of Catalonia sent a -circular to all the towns stating that familiars were not exempt. The -magistrates accordingly compelled them to furnish quarters and beasts of -burden, and, when the tribunal complained to the captain-general and -adduced proofs in support of its claims, he responded with the decrees -of 1729 and 1743, which he assumed to have abrogated the exemption and -he continued to coerce the familiars. The same process was going on in -Valencia and, when that tribunal applied to Barcelona for information -and learned the result, it ordered its familiars to submit under -protest. Then followed a royal cédula of August 20, 1807, limiting -strictly what exemptions were still allowed; the Napoleonic invasion -supervened and under the Restoration I have met with no trace of their -survival.[976] - - * * * * * - -Another privilege which occasioned endless debate and contention was the -right of officials and familiars to bear arms, especially prohibited -ones. This was a subject which, during the middle ages, had taxed to the -utmost the civilizing efforts of legislators, while the power assumed by -inquisitors to issue licences to carry arms, in contravention of -municipal statutes, was the source of no little trouble, especially in -Italian cities.[977] The necessity of restriction, for the sake of -public peace, was peculiarly felt in Spain, where the popular temper and -the sensitiveness as to the _pundonor_ were especially provocative of -deadly strife.[978] It would be impossible to enumerate the endless -series of decrees which succeeded each other with confusing rapidity and -the repetition of which, in every variety of form, shows conclusively -how little they were regarded and how little they effected. Particular -energy was directed against _armas alevosas_--treacherous weapons--which -could be concealed about the person. In the Catalan Córtes of 1585, -Philip II denounced arquebuses, fire-locks and more especially the small -ones known as pistols, as unworthy the name of arms, as treacherous -weapons useless in war and provocative of murder, which had caused great -damage in Catalonia and had been prohibited in his other kingdoms. They -were therefore forbidden, not only to be carried but even to be -possessed at home and in secret, and against this no privilege should -avail, whether of the military class or official or familiar of the -Inquisition or by licence of the king or captain-general, under penalty -for those of gentle blood of two years' exile, for plebeians of two -years' galley-service, and for Frenchmen or Gascons of death, without -power of commutation by any authority. Three palms, or twenty-seven -inches of barrel, was the minimum length allowed for fire-arms in -Catalonia and four palms in Castile. Philip IV, in 1663, even prohibited -the manufacture of pistols and deprived of exemptions and fuero those -who carried them, while as for poniards and daggers, Philip V, in 1721, -threatened those who bore them with six years of presidio for nobles and -six years of galleys for commoners.[979] - -[Sidenote: _BEARING ARMS_] - -These specimens of multitudinous legislation, directed against arms of -all kinds, enable us to appreciate how highly prized was the privilege -of carrying them. In an age of violence it was indispensable for defence -and was equally desired as affording opportunities for offence. That the -Inquisition should claim it for those in its service was inevitable and -it had the excuse, at least during the earlier period, that there was -danger in the arrest and transportation of prisoners and in the enmities -which it provoked, although this latter danger was much less than it -habitually claimed. The old rules, moreover, were well known under which -no local laws were allowed to interfere with such privilege,[980] and -the Inquisition had scarce been established in Valencia when the -question arose through the refusal of the local authorities to allow -its ministers to carry arms. Ferdinand promptly decided the matter in -its favor by an order, March 22, 1486 that licences should be issued to -all whom the inquisitors might name--for the time had not yet come in -which the inquisitors themselves issued licences.[981] Probably -complaints arose as to the abuse of the privilege for the instructions -of 1498, which were principally measures of reform, provided that, in -cities, where bearing arms was forbidden, no official should carry them -except when accompanying an inquisitor or alguazil.[982] As indicated by -this, policy on the subject was unsettled and it so remained for a -while. November 14, 1509, Ferdinand ordered that the ministers of the -Sicilian Inquisition should not be deprived of their arms; June 2, 1510, -he thanked the Valencia tribunal for providing that its officials should -go unarmed, for, by the grace of God, there is no one now who impedes or -resists the Inquisition and, if there were, the royal officials or he in -person will provide for it; then, in about three months, on August 28th, -he wrote to the Governor of Valencia that the salaried officials of the -tribunal, with their servants and forty familiars should enjoy all the -prerogatives of the Holy Office and were not to be deprived of their -arms.[983] - -We see in all this traces of general popular opposition to exempting -inquisitorial officials from the laws forbidding arms-bearing. This was -stimulated by the difficulty of preventing the exemptions from being -claimed by unauthorized persons without limit, leading Catalonia, in the -Concordia of 1512, to provide that officials bearing arms could be -disarmed, like other citizens, unless they could show a certificate from -the tribunal, and further that the number of familiars for the whole -principality should be reduced to thirty, except in cases of -necessity.[984] Although this Concordia was not observed, -Inquisitor-general Mercader, in his instructions of August 28, 1514, -admitted the necessity of such regulations by prohibiting the issue of -licences to bear arms; by reducing the overgrown number of familiars to -twenty-five in Barcelona and ten each in Perpignan and other towns, by -permitting the disarmament of those who could not exhibit certificates -and by endeavoring to check the fraud of lending these certificates by -requiring them to swear not to do so and keeping lists whereby they -could be identified.[985] - -The right of arming its familiars, thus assumed by the Inquisition was -by no means uncontested. We have seen how the Empress Isabella when in -Valencia, in 1524, ordered the arms taken from them and broken, leading -to a protest from Inquisitor-general Manrique, who asserted this to be a -privilege enjoyed since the introduction of the Inquisition. In spite of -this Charles V, by a cédula of August 2, 1539, ordered inquisitors to -prohibit the use of arms by familiars.[986] The matter remained a -subject of contest for some years more. In 1553 there were quarrels -concerning it between the Valencia tribunal and the local authorities, -but the Concordia of 1554 admitted the right unreservedly.[987] - -By this time, in fact, it was generally recognized, but this, in place -of removing a cause of discord only intensified and multiplied it. The -right to bear arms could scarce be held to include weapons which were -prohibited to all by general regulations, yet the authorities had no -jurisdiction over familiars to enforce them. Thus when flint-lock -arquebuses were prohibited and the Viceroy of Valencia included -familiars in a proclamation on the subject, in 1562, Philip II called -him to account, telling him that the order must come from the -inquisitors and, in 1575 he repeated this to the Viceroy of -Catalonia.[988] The Suprema might decide that familiars were included in -prohibitory decrees and that inquisitors must issue the necessary -orders, as it did, in 1596, with regard to one respecting daggers and in -1598 to one forbidding fire-locks and pistols at night,[989] but the -tribunals had no police to enforce these orders and, when the secular -authorities undertook to do so, inquisitors were prompt to resent it, in -their customary fashion, as a violation of the immunities of the Holy -Office. - -[Sidenote: _BEARING ARMS_] - -Even more fruitful of trouble was the fact that it was impossible to -make the inquisitors respect the limitations imposed by the Concordias -on the number of familiars and consequently to obey the rule of -furnishing lists of them to the authorities so that they might be known. -Appointments were lavished greatly in excess of all possible needs and -without informing the magistrates--often, indeed, without keeping -records in the archives. The familiar might or might not carry with him -the evidence of his official character but, whether he did so or not, -his arrest or disarmament was violently resented, and the ordinary -citizen when caught offending was apt to claim that he was a familiar in -hopes of being released. How exasperating to the civil authorities was -the situation may be gathered from a case occurring in Barcelona, in -1568. The veguer, on his nightly rounds, arrested Franco Foix, whom he -found armed with a coat of mail, sword, buckler and dagger. The culprit -claimed to be a familiar and the veguer obediently handed him over to -the tribunal. He proved not to be one, but, instead of returning him, -the inquisitors fined him in forty-four reales for their own benefit -(presumably as a penalty for personating an official) and restored to -him his forfeited arms.[990] When the laws were thus openly set at -defiance, conditions were eminently favorable for quarrels, even without -the violent mutual animosity everywhere existing between the tribunals -and the civil authorities; collisions were correspondingly frequent and -were fought to the bitter end. - -It would be wearisome to multiply cases illustrating the various phases -of these quarrels which occupied the attention of the king and his -councils in their settlement. A single one will suffice to show the -spirit in which they were conducted on both sides. In 1620, by order of -the tribunal of Valencia, acting in its secular capacity and not in a -matter of faith, the commissioner at Játiva arrested a man and sent him -to Valencia under the customary guard of relays of familiars. One of -these named Juan López, armed with a prohibited flint-lock, was -conveying him, on February 23d, when at Catarroja, about a league from -the city, some armed alguaziles, in the service of Dr. Pedro Juan -Rejaule, a judge on the criminal side of the Audiencia, arrested him, -taking away his weapon and carrying him to Dr. Rejaule's house. -Disregarding his documents, Rejaule told him that he could not be -released without giving bail to present himself to the viceroy and, as -he was unable to furnish it he was handed as a prisoner to the local -magistrates. On learning the event the inquisitors applied to the regent -of the Audiencia who ordered the release of López, which was effected -and Rejaule visited the tribunal, admitted that he had been in error and -promised in future to observe all necessary respect. In spite of this -the inquisitors proceeded to try him for impeding the Inquisition, -ordered him to keep his house as a prison under pain of three hundred -ducats, and threw into the secret prison as though they were heretics, -the four alguaziles who had made the arrest. When notice of this was -served on Rejaule he protested that the inquisitors were not his judges -and that he would appeal, whereupon the additional indignity was -inflicted upon him of posting two guards in his house with orders to -keep him in sight. - -[Sidenote: _BEARING ARMS_] - -This produced a crisis. The viceroy assembled in his palace all three -_salas_ or branches of the Audiencia, where the matter was fully -discussed and it was resolved to release Rejaule and hold the two guards -as hostages for the imprisoned alguaziles. At 2 A.M. Dr. Morla went with -halberdiers furnished by the viceroy, seized and handcuffed the guards -and brought Rejaule to his brother judges. At the same time a scrivener -of the court had been sent to the inquisitor Salazar with a message from -the viceroy to the effect that, as the offence had not been in a matter -of faith, Rejaule was justiciable only by the king; if the Inquisition -held otherwise a competencia could be formed; the Audiencia had decided -that Rejaule and the alguaziles must be released and the guards be held -until this was done. The scrivener also presented a petition of appeal -to the pope, or to whomsoever was judge, and demanded _apostolos_ or -letters to that effect. To this Salazar replied in writing that the -arrests had been made for matters incident to and dependent upon affairs -of the faith, in which the Inquisition had exclusive jurisdiction and -could admit no competencia; he could say no more as to the cause of the -arrests without violating the secrecy of the Inquisition and incurring -excommunication and he begged the viceroy not to interfere in a matter -concerning so greatly the service of God and the king. At 4 A.M. the -scrivener returned with this reply to where the viceroy and judges were -waiting. At the magic word "faith," however fraudulently employed, all -opposition vanished. By six o'clock Dr. Morla had taken Rejaule back to -his house and had replaced the guards and, at the same time, the -scrivener bore to the inquisitors a note from the viceroy saying that, -as they had certified that it was a matter of faith, the Audiencia had -restored everything to its previous condition and he offered not only -not to impede the Inquisition but to show it all aid and favor. - -The case was thus transferred to the court, where the Suprema on one -side and the Council of Aragon on the other, struggled for a favorable -decision from Philip III. The former evidently felt the weakness of the -claim that the faith was involved, but it argued that impeding the -Inquisition in any way conferred jurisdiction on it and Aliaga, in his -double capacity of inquisitor-general and royal confessor, added a -bitter complaint as to the manner in which the Inquisition was abused -and maltreated. To this the king replied that he wished the affair -treated with the customary moderation and mercy of the Holy Office, -especially as it was not directly a matter of faith, and whatever -sentence the Suprema resolved upon for Rejaule and the other inculpated -parties must be submitted to him before publication. Besides, he ordered -a junta of two members each of the Suprema and the Council of Aragon to -be formed and to devise a plan for the avoidance of future contention. -This assumed Rejaule's guilt and awarded the victory to the Suprema, but -it was not satisfied and presented a consulta representing the perilous -condition of the Valencia tribunal, which necessitated the punishment of -the delinquents as a warning, but Philip merely repeated his former -decision.[991] - -What was Rejaule's fate we have no means of knowing, but his career was -evidently blasted, whatever may have been the so-called mercy exhibited. -As for the perilous position of the tribunal insisted on by the Suprema, -it seems to be set forth in a Petition of the syndic of the College of -Familiars, February 25, 1616, complaining of arrests and ill-treatment -and asking the tribunal to take evidence on the subject. It accordingly -did so, but while the testimony was ample as to the existence of -ill-feeling towards the familiars, in substance it amounted only to -their being deprived at night of daggers and bucklers which were -prohibited weapons, and it does not appear that any action was taken in -consequence. Complaints continued and another petition of October 30, -1626, asked that an envoy be sent to the Suprema, for which the -familiars would defray the cost, for unless some relief was had they -would resign in a body, as their position only exposed them to wrong and -insult and their privileges were set at naught.[992] - -The difficulty of enforcing the laws on the people was intensified by -the privileges claimed by the familiars. They were by no means peaceable -folk and the unprivileged class naturally regarded it as a hardship to -be restricted to the use of swords when these gentry were so much more -efficiently armed. The Suprema as a rule supported its satellites. For -ten years, from 1574, it resisted, in Aragon, the enforcement on -familiars of a royal decree against carrying prohibited weapons at -night, although the Concordia of Aragon in 1568 provided that familiars -should obey the laws respecting arms and that inquisitors should not -protect them in violations. Members of all the Royal Councils were -involved in the discussion, as though it were the weightiest affair of -state and it was not until 1584 that the Suprema was induced to issue -the necessary orders, which it was obliged to repeat in 1592.[993] - -Another illustration of its attitude occurs with respect to a pragmática -of great severity against the use of fire-arms, issued by Philip III, -March 14, 1613, pronouncing the mere discharge of a weapon to be a -capital offence, whether death ensued or not. It abrogated all -privileges and exemptions and conferred on the royal courts full -jurisdiction in such cases, and all this was accepted and its observance -enjoined by the Suprema. This met with such scant obedience that the -Council of Aragon in a consulta of July 31, 1632, called the king's -attention to the evils existing from the exemption of familiars and -suggested that they should not be permitted to decline the jurisdiction -of the courts for crimes committed with fire-arms. It was doubtless in -consequence of opposition by the Suprema that it was not until September -30, 1633, that Philip IV, in a cédula addressed to the Viceroy of -Valencia, ordered that, with the assent of the Councils of Aragon and of -the Inquisition, the pragmática of 1613 must be strictly observed by -which all exemptions were disallowed and offenders were triable and -punishable by the royal courts; the Inquisition must withdraw from all -pending competencias and the cases be carried to conclusion by the -Audiencia. The Suprema must have consented unwillingly to this, for it -labored with the wavering monarch and, on November 8th, he wrote -withdrawing the cédula and ordering the suspension of all cases before -the Audiencia. A few weeks later he yielded to other influences and -annulled the last letter, but added that his orders of September 30th -must be executed impartially, for the Inquisition complained that it was -enforced only against its officials and in such case he would give it a -free hand again. December 27th the Suprema sent this to the Valencia -tribunal with formal instructions to obey it, but added a confidential -letter saying that efforts would not be relaxed to persuade the king to -remit all such cases back to them; meanwhile an agreement had been -obtained from the Council of Aragon that all sentences by the Audiencia -should be referred to it before execution and the tribunal must watch -them closely and send such reports as would enable the Suprema to obtain -favorable action on them.[994] - -For this endless strife, for the habitual disregard of the laws by -familiars, the Suprema was primarily responsible. It was perfectly -acquainted with the innumerable edicts specifying prohibited weapons and -forbidding the carrying of them after night-fall; it acquiesced, -ostensibly at least, in the subjection of these offences to the royal -courts and yet it encouraged familiars in the belief that it had power -to override all laws and could confer licence to violate them. The -formula of commission which it caused to be issued to familiars -contained a clause granting them full liberty to carry arms, offensive -and defensive, publicly and secretly, by day or by night, and ordering -all secular officials to abstain from interference with them, in virtue -of holy obedience and under penalty of excommunication and of fifty -thousand maravedís applicable to the expenses of the Holy Office.[995] -It could not be fuller or more explicit; there are no exceptions as to -the character of arms or allusion to the jurisdiction in these cases -granted by the king to the royal courts. When one branch of the -government thus resolutely placed itself in opposition to the sovereign -and encouraged its subordinates to resist the laws and the constituted -authorities, peace was impossible and conflicts were inevitable. Yet the -illegality of all this was admitted when, in 1634, the familiars of -Valencia held a meeting to assess themselves for a donation to be -offered to the king, in return for a privilege to bear arms, and the -Suprema instructed the tribunal to aid the movement, and again when, in -1638, a fruitless offer was made by them of twelve thousand ducats for -the revocation of legislation on the subject.[996] - -[Sidenote: _BEARING ARMS_] - -To crown all this, the Suprema, in 1657, reached the audacity of arguing -that the right of familiars to bear arms was imprescriptible and could -not be abrogated by any prince, for it would impede the Inquisition in -the free exercise of its functions, wherefore it denied that any -competencia could be formed in such cases; the secular authorities had -no jurisdiction and there could not even be a discussion about their -claim to interfere.[997] Philip IV had the weakness to submit to these -extravagant claims, in 1658, and to decide that the Suprema alone had -cognizance in such matters. The case in which this occurred was that of -Jaime Espejo, alcaide of the penitential prison of Valencia, arrested -for carrying pistols and it has interest for us because in it the -inquisitor, Don Antonio de Ayala Verganza, argues away all the royal -decrees and pragmáticas as not meaning what they said and proves it by -citing a vast number of cases in which, when carried up to the king, he -overruled his own legislation, invariably deciding in favor of the -Inquisition and against his own jurisdiction. He could sometimes be -brought to issue wholesome general regulations, but, when it came to -their execution, the ever-present dread of interfering with the service -of God overwhelmed him.[998] - -Yet Philip promptly reversed himself for, in a despairing effort to put -an end to these interminable quarrels, he was induced to issue a royal -letter, December 23, 1659, declaring that the cognizance of infractions -of the laws respecting prohibited arms lay with the royal jurisdiction -and that no competencias should be formed in these cases. When this -letter was alleged by the royal court, in the case then pending of -Joseph Navarro, a familiar arrested for carrying a pistol, the -Inquisition in reply airily cast aside the pragmática of 1613, and its -confirmation in 1633, by asserting that both before and after those laws -it had always exercised jurisdiction over these cases, as was notorious -to every one--which was all doubtless true. As for the recent letter of -1659, it had not been issued with the assent of the Suprema; being thus -irregularly issued it should not be regarded as valid, until the king -should be supplicated to modify it, and until this was done the accused -should be surrendered to it or he could be released under bail to both -jurisdictions.[999] The vacillating monarch probably yielded again; -whether he did so or not mattered little to the Holy Office, which -regarded his decrees so lightly. The miserable business of quarrelling -over the multiplication of the laws went on and, in 1691, Carlos II -found it necessary again to prohibit the carrying of pistols and _armas -cortas_ and to deprive offenders of their claims to jurisdiction, even -if they were familiars or salaried officials of the Inquisition.[1000] - -Several cases in the earlier years of Philip V seem to indicate that -this matter was an exception to the general limitation of the privileges -of the Holy Office and that there was a tendency to admit its -claims.[1001] Their final extinction, however, was not far off. In 1748, -Fernando VI prohibited all officials of tribunals, including the -Inquisition, from carrying cut-and-thrust weapons any kind; exclusive -jurisdiction in the enforcement of this was reserved for the secular -courts and all claims to _fuero_ were abolished. He confirmed and -extended this by proclamations of 1749, 1751 and 1754, with penalties -of six years in the mines for commoners and six years service in -presidio for nobles. In another of 1757 he regretted the non-observance -of these laws and ordered their irremissible enforcement without -privilege of fuero. This legislation was supplemented by Carlos III, in -1761, who included in the prohibition all fire-arms of less than four -palms length of barrel, although he conceded to gentlemen the use of -holster pistols when on horseback but not when on mule-back.[1002] Yet -the Inquisition continued to issue the old form of commissions granting -unlimited license, until the magistrates of Seville and Alcalá la Real -refused to recognize them when, in 1777, it admitted its altered -position by a modification which granted the right to carry -non-prohibited weapons, but only when on duty for the Holy Office, and -contented itself with exhorting the secular authorities not to interfere -with this.[1003] - - * * * * * - -[Sidenote: _MILITARY SERVICE_] - -In somewhat ludicrous contrast with the belligerent spirit, indicated by -the earnest desire to carry arms, was the claim that all connected with -the Inquisition were exempt from military service. In its relations with -the State the Holy Office recognized no duties of citizenship; it only -claimed privileges. That the salaried officials, regularly employed in -the tribunals, should enjoy such exemptions was merely in accordance -with old custom, for a law of Juan II, in 1432, specifically released -from the obligation of service nearly all officials, including even -physicians, surgeons and schoolmasters.[1004] That this should apply to -the Inquisition seems to have been assumed as a matter of course in its -early days but, in 1560, the corregidor of Córdova summoned the -officials and familiars to appear in the musters; they all claimed -exemption, when the inquisitor-general upheld the appeal of the -officials but denied that of the familiars. Similar questions arose in -Murcia in 1563 and 1575, in which a similar distinction was drawn.[1005] -In Valencia, the familiars had probably been more successful, for an -article in the Concordia of 1568 provides that they must serve their -turns in guarding the coasts and that inquisitors shall not defend them -in seeking exemptions under pretext of their office.[1006] The same -question arose in Majorca and was settled by a law providing that -familiars refusing to perform guard-duty on their appointed days could -be compelled by the royal officials.[1007] Thus by common consent at -this time salaried officials were exempted while the claims of familiars -were rejected. - -In the troubles of the seventeenth century, when the very existence of -Spain was threatened, the question as to officials as well as familiars -came up again and the Suprema sought to protect both classes. In 1636 -and 1638, the corregidors of various cities refused to except the -officials when making up the lists for conscription, but Philip IV -decided that they were exempt.[1008] As the danger increased, in 1640, -with the rebellions in Catalonia and Portugal, and the resources of the -kingdom were strained to the utmost, all claims were disregarded. By a -cédula of September 7, 1641, Philip declared this to be a religious war, -as the rebels were allied with nations infected with heresy. Inquisitor -general Sotomayor was required to summon all officials and familiars to -organize and serve and was clothed with power to enforce it. No protest -was made against this, for it was a financial rather than a military -move; arrangements were made to commute service for cash and the Suprema -was thus aided in meeting the royal demands for contributions.[1009] - -This was only a temporary truce. Philip, in a letter of February 22, -1644, to Inquisitor-general Arce y Reynoso, reported that the attitude -of the officials had excited much dissatisfaction in Galicia; he -therefore ordered that no exemptions be admitted and no excuses be -received. To this the Suprema responded with bitter complaints that in -Saragossa the lot had fallen on a messenger of the tribunal and the -widow of a notary, who were told that they must furnish substitutes, all -of which was in violation of the privileges of the Inquisition, -crippling it in its pious labors so essential to the faith and reducing -it in popular esteem to a level with other institutions. Unstable as -usual where the Holy Office was concerned, Philip abandoned his position -and admitted that salaried officials were not liable to serve or to -furnish substitutes, which the Suprema promptly conveyed to the -tribunals, cautioning them not to employ excommunication in collisions -with the royal officials until after obtaining its permission.[1010] - -Even in this hour of supreme need the liability of familiars was -contested. Philip endeavored to placate the Suprema by assigning them to -garrison duty, but it remonstrated, asserting that the Inquisition could -not perform its functions if wholly deprived of them, and the cause of -religion was higher than any other. It therefore asked that no place -should be left without one, in small towns there should be two and in -larger places four. To this Philip assented, on condition that those -exempted should contribute to those who served, but the Suprema -demurred; every one could avoid service who could pay the assessment, so -this would be giving the familiars no special privileges; there could be -no question that favors shown to the Inquisition would contribute to -success in the war, for experience had demonstrated that the more -sovereigns had fostered it the more fortunate they had been. However -just was the argument it was fruitless; Philip adhered to his decision, -but when the corresponding decrees were issued, the Council of Castile -remonstrated in its turn and the distracted monarch was involved in a -fresh discussion between the two.[1011] - -[Sidenote: _RIGHT TO HOLD PUBLIC OFFICE_] - -The Suprema carried its point that those exempted should not contribute -to those conscripted and the arrangement remained in force. It was -repeated in a _carta acordada_ of January 14, 1668, and, when, in 1681, -a question arose in Tembleque, the Suprema cautioned the Toledo tribunal -not to issue more letters of exemption than the settlement permitted, in -order to avoid competencias which only serve to render the Holy Office -hateful and to imperil its other privileges.[1012] Carlos III seems to -have been more liberal when, in 1767, he included, in an elaborate list -of those exempt from military service, the ministers and dependents of -the Inquisition who were relieved from billets under the decree of May -26, 1728, which, it will be remembered, granted the privilege to the -number of familiars allowed under the old Concordias. Carlos IV was -more exacting for, in 1800, when regulating the conscription in minute -detail, he granted exemption only to the titular officials and took -special care to exclude familiars and other dependents.[1013] This -continued to the end. September 14, 1818, the Suprema communicated to -the tribunals a decision of the king that, in order to secure exemption -from conscription, it was not necessary to exhibit a royal commission, -but one from the inquisitor-general or Suprema sufficed.[1014] Evidently -the local tribunals were no longer allowed to issue certificates of -exemption. - - * * * * * - -The right of officials and familiars to hold secular offices raised -questions that caused no little debate. It was evidently of advantage to -the Inquisition that those who were bound to it and enjoyed its -exemptions should be in positions of influence where they could guard -its privileges and promote their extension. On the other hand, for these -very reasons, the people were jealous of office-holding by its ministers -and dreaded to have their local authorities relieved of responsibility -through their claim on the _fuero_ or jurisdiction of the Inquisition. -Had these local positions been elective, popular good sense could have -averted the danger, but they were awarded by lot, the names of those -deemed eligible being placed in a _bolsa_ or bag--a process known as -_insaculacion_--and drawn forth.[1015] - -The earliest instance I have met of a refusal to include officials of -the Inquisition among the eligibles occurs in 1503, when Ferdinand wrote -to his Lieutenant-general of Majorca that he was astonished to learn -that the names of Pere Prat, his son Pere Prat, Carman Litra and -Gerónimo Serma had not been insacculated because they held office in the -Inquisition; it should rather be a recommendation; they must not be thus -dishonored and their names must at once be put in the bolsa.[1016] -Doubtless Ferdinand's watchfulness preserved this privilege for -officials during his life, but subsequently popular feeling must have -manifested itself by their exclusion, for, in 1523, Charles V forbade -it in an edict and he followed this by a special pragmática, May 30, -1524, asserting their eligibility to public office in all his dominions -and for all future time, under pain of the royal wrath and of two -thousand florins, but he provided that they should not be entitled to -the jurisdiction of the Inquisition for official malfeasance.[1017] -Notwithstanding this, Philip II was obliged to issue special -instructions on the subject to Sardinia in 1552 and to Navarre in -1558.[1018] - -In this, as in so much else, the Catalans were especially intractable. -Córtes of the three kingdoms of Aragon were held in 1553, in which -Catalonia alone took up the matter and adopted a law, confirmed by -Prince Philip, prescribing that no bayle or his lieutenant, or judge, or -scrivener could be a familiar, nor could he accept office after his term -of service had expired.[1019] This received scant obedience, nor did the -Inquisition pay attention to the clause in the pragmática of 1524 -depriving it of cognizance of official malfeasance. One of the -complaints of the royal Audiencia to de Soto Salazar, in his visitation -of the Barcelona tribunal in 1566, was that it assumed jurisdiction in -all such cases. Salazar recommended that this should be forbidden, for -it impeded the proper administration of the towns, and officials could -not be punished for violating local ordinances about bread, vineyards, -meadows, breaking irrigating canals to water their lands, and -multitudinous other derelictions.[1020] - -[Sidenote: _RIGHT TO HOLD PUBLIC OFFICE_] - -Catalonia refused to accept the Concordia of 1568 and, in 1585, the -Córtes re-enacted the provisions of 1553 in an enlarged form, including -almost all offices, and subjecting violation to a penalty of two hundred -ducats, which was confirmed by Philip II.[1021] This seems to have been -enforced for, in 1586, a memorial from the Bishop of Segovia says that -in Catalonia the names of all officials of the Inquisition were removed -from the lists of eligibles, that commissioners and familiars were -resigning and that every day withdrawals were received from applicants, -so that the tribunal would be crippled and the Córtes could have -contrived nothing more damaging.[1022] The Catalans held good, despite -the earnest efforts of the Holy Office, which declared long afterwards -that this was the severest blow that it had ever received. In the Córtes -of 1599 the battle was renewed after elaborate preparations by the -inquisitors. On June 30th the king presented a series of articles, in -response to those submitted to him by the Córtes, and among them was one -declaring officials and familiars eligible to all offices, but the -Catalans would have none of it. In the elaborate memorial presented to -Clement VIII by the Suprema against the work of the Córtes, it -complained bitterly of the laws of 1553 and 1585 as diminishing notably -the authority of the Inquisition and causing great lack of officials, so -many having ignominiously resigned, while others could not be found to -replace them.[1023] - -Again, when the Córtes were about to assemble in 1626, the Barcelona -tribunal implored the Suprema to use its utmost exertions for the repeal -of the law of 1585, for no person of consideration would accept office -and it was obliged to appoint those of low condition, which was fatal to -its authority. The Córtes yielded in so far as to adopt an article -throwing open the offices, provided incumbents were justiciable by the -civil courts for a long series of offences, but the whole legislation of -the Córtes came to naught through lack of the royal confirmation.[1024] -When the question was coming up again in the Córtes of 1632, earnest -appeals were made to the Suprema to have the obnoxious law of 1585 -repealed. The condition of the Inquisition in Catalonia was represented -as most deplorable by reason of it. In a memorial to the king it was -stated that in Barcelona there were but four or five familiars, and they -were mechanics, ineligible to public office; there was not a single -advocate of the accused, nor an ecclesiastical consultor, so greedy was -every one for public office. Throughout the principality there was the -same dearth--familiars only in miserable villages, destitute of tempting -positions, and those were of base condition, for in fact the barons -would endure none other in their lands. The Suprema was urged to bring -the matter before the Rota and it submitted the question to its fiscal, -but he wisely reported that, although a favorable result was to be -anticipated, yet it was expedient to set the example of recourse to Rome -which might result in other matters being carried thither with damage to -the jurisdiction of the Holy Office.[1025] - -Thus Catalan pertinacity triumphed. When, in 1667, Pedro Momparler, -familiar at Alconer, asked permission to resign, in order to accept the -office of bayle, and his request was referred to the Suprema, it replied -that it should be denied on account of the evil influence of his -example, but it added that if he should renounce his familiarship before -the royal justice for the term of his office, the inquisitors should -pretend ignorance.[1026] - -[Sidenote: _RIGHT TO HOLD PUBLIC OFFICE_] - -In Majorca, frequent alterations of the law show that it was subject to -active debate and that preponderance shifted from one side to the other. -In 1637 it was decided that none of those connected with the Inquisition -could hold public office; then, in 1643, they were allowed to do so, in -positions where they had not to vote or to give counsel; again, in 1660, -the prohibition was made absolute; then, in 1662, royal letters of -January 11th and March 4th removed the prohibition, provided they would -previously renounce all claim to the jurisdiction of the Inquisition. -These letters afford a remarkable illustration of the vacillation of the -monarch and of the extent to which bureaucracy had crippled his -autocracy--only this time it was the Council of Aragon which imitated -the methods of the Suprema. The latter body was dissatisfied with the -arrangement and addressed to the king a consulta, April 5, 1663, asking -its suspension and that a junta of the two councils should be called to -consider the subject. Philip promptly acceded and, on April 10th, -ordered the Council of Aragon to write to that effect to the viceroy. -The command was not obeyed and, on September 19th, the Suprema asked him -to remedy the omission, whereupon he asked the council to state its -reasons and, on its doing so, he again ordered it, October 3d, to -execute his decree of April 10th. It was still recalcitrant and, on -March 19, 1664, the Suprema represented the delay to the king who the -next day called upon the council to render an exact account of what it -had done, replied that in conformity with his commands it had written on -October 3, 1663, copy of which it enclosed. This proved to be merely -copies of the letters of 1662 which had given rise to the debate, -showing that it had deliberately nullified his orders. In view of all -this the Suprema, July 24, 1664, asked the king to insist on literal -compliance and that a copy of the despatch of the Council of Aragon to -the viceroy should be furnished to it. This proved to be merely a -duplicate of that of October 13, 1663, with the date altered to April 6, -1664. Then the Suprema again asked the king peremptorily to order exact -obedience and he replied that he had done so. Meanwhile the Viceroy and -the inquisitor of Majorca had been playing at cross-purposes in -consequence of the contradictory despatches received by each.[1027] Such -a method of carrying on an organized government seems incredible and, -trivial as was the question at issue, a case such as this throws light -on one of the causes of Spanish decadence. The question itself, after -all this trouble, apparently remained unsettled, for, in 1673, there was -a competencia over Gabriel Berga, a knight of Santiago and a familiar, -when the tribunal contended that he could not renounce its -jurisdiction.[1028] - -It would be superfluous to follow out in detail the vicissitudes of this -matter in the other provinces of Spain, where it gave abundant occasion -for quarrels conducted with customary vehemence. It seems to have -settled itself into the rule that officials and familiars were eligible -to public office but that, during their terms of service, they were not -entitled to the jurisdiction of the Inquisition. Such, we are told in -1632, was the practice in Castile, Aragon and Valencia.[1029] Yet still -there were disputes for, about the middle of the seventeenth century, a -formula is given for use when a familiar is prevented from taking -office. This sets forth at much length that, if familiars are refused -office, no one will take the position, which will inflict great -detriment on the faith; it cites the royal cédulas, it sets aside -opposing arguments by showing that for all malfeasance in office the -familiar will be subject to the royal jurisdiction and finally it orders -his immediate induction in his post under penalty of excommunication and -of five hundred ducats; no further notice will be given and all further -action will be published in the halls of the Inquisition, which will be -full legal notice to all parties concerned.[1030] I have met with no -further legislation on the subject and presumably some arrangement of -this kind was in force to the end. - - * * * * * - -It was highly inconsistent but, at the same time, thoroughly in keeping -with the spirit of the Inquisition in its dealings with the public, that -while it vindicated so energetically the right of its officials to hold -honorable and lucrative posts, it claimed for them the privilege to -refuse to serve in those which were onerous. In the municipalities there -were a certain number of these latter, entailing unremunerative labor -and responsibility which no one could refuse to accept when his name was -drawn from the bolsa. The officials claimed to be insaculated for the -desirable positions but not for the undesirable ones. That such a claim -could be made and sustained is a forcible illustration of the power of -the Inquisition. - -[Sidenote: _RIGHT TO REFUSE OFFICE_] - -There is no allusion to this in the earlier Concordias and no specific -grant that I have been able to find. It seems to have been merely a -gratuitous assumption on the part of the Inquisition, asserted with its -customary persistence. A noteworthy case growing out of it occurred, in -1622, in the town of Lorca (Murcia) where a familiar refused to serve in -the office of collector of the alcavala, or tax on sales, and was -imprisoned for contumacy. The inquisitors of Murcia demanded his -liberation and excommunicated the alcalde mayor for refusing to obey. -This failing, they prepared to arrest him and called upon the corregidor -of Murcia, Pedro de Porres, for assistance. On his refusal they -excommunicated him and then laid an interdict on the city of Murcia. The -citizens appealed to their bishop, Fray Antonio Trejo, who remonstrated -with the tribunal and, finding this unavailing, issued an edict -declaring the interdict invalid. Bishops were not subject to -inquisitorial jurisdiction, even for heresy, without special papal -faculties, but the inquisitor-general, Andres Pacheco, was the most -audacious and inexorable assertor of inquisitorial omnipotence and he -did not hesitate to condemn the episcopal edict, to publish the -condemnation in all the churches, to fine the bishop in eight thousand -ducats and to summon him, under pain of four thousand more, to appear -within twenty days and answer to the action brought against him by the -fiscal as an impeder of the Inquisition. The bishop and chapter sent the -dean and a canon to represent them, but, without a hearing, they were -thrown _incomunicado_ into the secret prison, excommunicated and the -censure published in all the churches. The inquisitors imprisoned the -parish priest of Santa Catalina for disregarding the interdict and the -whole ecclesiastical body of Murcia became involved. Finally, through -the intervention of the king and the pope, the bishop was absolved, but -the Inquisition reaped a rich harvest of fines. Those of the bishop, -dean and some of the canons were kept by the Suprema, while the local -tribunal, in addition to inflicting terms of exile, of from one to eight -years, secured from José Lucas, the episcopal secretary, a thousand -ducats, from Alonso Pedriñan, the fiscal, eight hundred and, from -thirteen other priests and dignitaries of the church, sums ranging from -fifty to one hundred and fifty--in all, an aggregate of 3272 -ducats.[1031] - -A claim enforced so relentlessly was dangerous to dispute and even the -Aragonese Concordia of 1646, which registered a triumph over the Holy -Office, admitted the right of salaried officials and familiars to -decline onerous offices.[1032] In time, however, there seems to have -come a slight modification of the claim. About 1750 we have the formula -of a mandate, issued at the instance of a familiar, forbidding, under -pain of excommunication and of two hundred ducats, the authorities of a -town from including him among those liable to serve in any of the minor -offices, nor in any of the more important ones until every other -inhabitant has served his turn.[1033] - - * * * * * - -It is not difficult to understand the origin of the claim that the -buildings of the Inquisition and the houses of its officials were -sanctuaries into which the officers of justice could not penetrate -without special permission. The asylum afforded to criminals in churches -was an old established practice throughout Europe to which Spain was no -exception. Even as late as 1737 the papal sanction was deemed necessary -to except from this certain crimes, such as murder, highway robbery and -high treason.[1034] Asylum was also afforded by the feudal rights which -debarred royal officers of justice from intruding on lands of nobles, -and the withdrawal of this right in Granada is cited as one of the -causes of the agitation leading to the rebellion of 1568.[1035] In -Aragon this was developed so far that a law of Jaime I, in the Córtes of -Huesca in 1247, which still continued in force, gave to the houses of -infanzones, or gentlemen, the same right of asylum as that possessed by -churches.[1036] - -It is therefore somewhat remarkable that the claim of affording asylum -was not made at the outset by the Inquisition, especially in view of the -importance attached to the secrecy which shrouded all its operations. -Yet, until the middle of the sixteenth century, such claims when made -were authoritatively repudiated. Inquisitor-general Tavera writes, -September 3, 1540, a sharp letter to the inquisitors of Seville saying -that he is informed that recently certain murderers had been received -and protected in the castle of Triana, occupied by the tribunal, and -that the officers of the royal justice had not been allowed to search -for them; the punishment of delinquents should be in no way impeded and -no occasion be given for complaint; the gates of the castle must be kept -shut so that criminals cannot take refuge there.[1037] So, in 1546, -among instructions from the Suprema to the tribunal of Granada, is an -order that no criminals or debtors shall find refuge in the Inquisition, -nor be allowed to sleep there nor between the gates; the janitor must -eject them and, if they will not go, report it to the inquisitors for -proper action.[1038] This shows that the abuse was commencing but that -it was disapproved and the same is seen in the Valencia Concordia of -1554, which says that, as the Inquisition has no privileges as an -asylum, it cannot protect those who take refuge there.[1039] - -[Sidenote: _RIGHT OF ASYLUM_] - -Evidently the local tribunals were claiming a right which the central -authority disallowed; they were moreover claiming it not only for the -building of the Inquisition but for the houses of officials and -familiars. Among the malfeasances of the Barcelona tribunal, reported in -1567 by de Soto Salazar, were cases of this kind. When the bayle of -Perpignan sought to arrest some culprits they were sheltered by Pedro de -Roca, a familiar, in his house and he resisted the bayle who came with a -posse to arrest them; Roca accused the bayle and his men for this; they -were imprisoned for a long while by the Barcelona inquisitors and were -condemned to fines and exile. So when the bayle of Sens, with a posse, -broke into the house of Vicente Valele, who was merely a temporary -commissioner, to arrest some culprits who had taken refuge there, he -accused them and they were all imprisoned.[1040] - -The rapidity with which the abuse developed in Valencia is manifested by -a comparison of the Concordias of 1554 and 1568. The former, as we have -seen, admits that the Inquisition could offer no asylum, while the -latter is obliged to forbid the lower officials and familiars from -putting the arms of the Inquisition on their houses; all such must be -removed and their houses shall not have immunity from the officers of -justice--evidently the officials found profit in harboring thieves and -murderers and the tribunal supported them.[1041] In Barcelona a sort of -compromise was reached by which, on application to the tribunal, one of -its ministers was sent with the officers of justice to enter houses of -officials where criminals had taken refuge, but the Córtes of 1599 -complained that this delay afforded time for escape and, in the abortive -Concordia enacted there, a clause provided that this should not be -necessary and that, in case of resistance, houses could be entered. It -shows how slow was the Suprema to assert a right of asylum that, in its -protest to Clement VIII, it accepts this article on the ground that the -Inquisition never has impeded the pursuit and arrest of -malefactors.[1042] In time, however, it overcame these scruples and, in -1632, it issued repeated orders that the officers of justice should not -be allowed to enter the houses of officials. Philip IV countermanded -this, but the Suprema presented a consulta saying that there was no -objection when the pursuit was _flagrante delicto_; prisoners, however, -were frequently confined in the houses of officials and an unlimited -right of entry might be abused to obtain communication with them in -violation of the all-important secrecy of the Holy Office. As usual, the -vacillating monarch yielded and, in 1634, issued a decree restricting -the right of search to cases of hot pursuit.[1043] - -It is remarkable that the Aragonese Concordia of 1646, imposed by the -Córtes on Philip, which in so many ways restricted the privileges of the -Inquisition, recognized this doubtful one in the fullest manner. As the -ministers, it says, of so holy an office should enjoy certain honors and -pre-eminence, it orders that they, including familiars, shall have as to -their houses the same privileges as caballeros and hijosdalgo--which, as -we have seen, included the right of asylum.[1044] As regards the -buildings of the Inquisition itself, a scandalous case occurring in 1638 -shows how far it had travelled since Tavera rebuked the tribunal of -Seville. In Majorca the Count of Ayamano, at the head of a band of -assassins, committed the sacrilege of escalading the walls of a convent -for the purpose of murdering his wife who had sought refuge there. -Philip ordered every effort made to arrest him and his accomplices, but -he escaped to Barcelona with eight of them and all found asylum in the -Inquisition, in the apartments of his uncle, the Inquisitor Cotoner. It -affords a curious insight into the conditions of the period to see that -this created a situation impenetrable to the highest authorities of the -land. Philip called a junta of two members each of the Suprema and -Council of Aragon to devise how the criminals could be captured without -scandal or quarrel with the Inquisition. The result of their -deliberations seems to be a letter from the Suprema to Cotoner telling -him that, if he wanted to help his nephew, it should be outside and not -inside of the Inquisition, in order to avoid the troubles ensuing on an -attempt of the royal officers to remove him. The imperturbable Cotoner -was not to be scared by this gentle warning and a fortnight later the -Suprema enclosed to him a royal decree telling him that he would see the -untoward results of sheltering his nephew. As complete satisfaction was -demanded he was ordered to report in full all details, including his -motives in harboring one who was put to the ban, especially when the -latter was not a familiar.[1045] Unfortunately we do not know how the -affair ended, but when the Suprema, in place of dismissing Cotoner, -inquired as to his motives, we may assume that the asylum offered by the -Inquisition saved the forfeit life of the criminal by some compromise. - -[Sidenote: _RIGHT OF ASYLUM_] - -The immunity of the houses of officials became generally recognized, -with the proviso that permission of search would be granted by -inquisitors if special application was made to them, when they preserved -their jurisdiction by sending one of their people to accompany the -officers of justice. An exception which proved the rule however was made -in favor of the administrators of the tax on tobacco, to whom general -letters were given empowering them to search the houses of officials for -contraband tobacco. Even this was argued away by the Suprema in 1728, -when it asserted that semi-proof in advance was necessary to justify -search and full proof to give jurisdiction.[1046] - - * * * * * - -It is evident from the above that the Holy Office, with its claims for -special privileges and exemptions and its methods for enforcing their -recognition, was a very disturbing factor in the body politic. Yet the -greatest source of conflict lay in the exclusive jurisdiction which it -sought to establish over all who were connected with it, not only -between themselves but between them and the rest of the community. This -engrossed so large a portion of its activity and was the cause of such -perpetually recurring trouble that its consideration requires a chapter -to itself. - - - - -CHAPTER IV. - -CONFLICTING JURISDICTIONS. - - -The principal source of strife between the Inquisition and the other -authorities arose from its claim to exclusive competence in all cases -involving those connected with it and their dependents. This gave rise -to perpetual conflicts, conducted with the utmost tenacity, which filled -the land with confusion and, in many cases, rendered the administration -of justice a mockery. For two centuries the monarchs vainly endeavored -to keep the peace by repeated efforts to define the boundaries between -the rival jurisdictions and the methods of settling their differences. -The tireless efforts, on the one side, of the Holy Office to extend its -authority and increase its emoluments caused it constantly to violate -compacts, while the jealousy of the civil magistracy on the other and -its natural desire to repel intrusion rendered it prompt to use whatever -means lay in its power. The struggle was unequal against the superior -weapons furnished by papal faculties and against the royal favor which -was with the Inquisition, but the conflict was maintained with -marvellous constancy, supported by popular sympathy, and the time of the -king and his advisers was frittered away in deciding a continuous stream -of petty quarrels, growing out of trivial incidents, but assuming -portentous proportions through the violent methods which had aggravated -them. - -To understand the claim of the Inquisition to exclusive cognizance of -the cases of its subordinates it is necessary to bear in mind the -benefit of clergy, through which, from the early middle ages, all -clerics were exempted from the jurisdiction of the laity and were -subjected wholly to the spiritual courts. This amounted virtually to -immunity for crime, both because those courts were debarred from -rendering judgements of blood and because of the inevitable favoritism -manifested to those of their own cloth.[1047] As civilization advanced -the disorders caused by a class, thus emboldened in wrong-doing by -impunity, were the source of constant solicitude to rulers and were -deplored by right-thinking churchmen. In this, Spain was no exception. -In a project of instructions drawn up by a Spanish bishop for the -delegates to the Lateran Council in 1512, the crimes and scandals -perpetrated by married clerks and those in the lower orders, through -expectation of immunity, are dwelt upon as reasons for a change; there -were daily conflicts between the spiritual and secular courts, leading -to interdicts cast on cities and some universal legislation by the -Church was desirable.[1048] No such remedy was adopted, and when the -Council of Trent gave promise of reform, the Spanish prelates, in -contrast with the Inquisition, which made every effort to extend its -jurisdiction over offenders, proposed in 1562 to the council that -married clerks wearing secular habits should not enjoy protection from -secular justice.[1049] In 1544, Fernando de Aragon, when Viceroy of -Valencia, declared that his principal trouble lay with the Church, of -which the chief object was to protect evil-doers and liberate them from -his justice, an opinion in which he was heartily seconded by the saintly -Tomás de Vilanova, then recently appointed archbishop.[1050] - -[Sidenote: _LATITUDE IN SECULAR AFFAIRS_] - -Yet the marked aversion in Spain to ecclesiastical encroachment led to -repeated enactments restraining spiritual jurisdiction within strict -limits. In a series of laws, dating from the fourteenth to the sixteenth -century, Henry II, Juan II, Henry IV, Ferdinand and Isabella and Charles -V endeavored by the severest penalties to repress its inevitable -tendency to extend itself, whether by seizure of the persons or property -of the laity or by entertaining cases between laymen. Ferdinand and -Isabella, in 1493, even threatened half confiscation and perpetual exile -from Spain for all who, under any pretext, aided ecclesiastical judges -in taking prisoners from secular officials or who assisted them in any -way.[1051] In addition to this was the _recurso de fuerza_ through which -appeal lay to the royal courts or to the _Sala de Gobierno_ whenever the -spiritual courts refused an appeal or heard secular cases or those in -which laymen were concerned.[1052] It is necessary to bear in mind this -tendency and these restrictions on ecclesiastical jurisdiction to -estimate properly the latitude obtained by the Inquisition in purely -secular affairs. - -Whether, at its inception, the Inquisition enjoyed the prerogative of -exclusive cognizance of cases involving its officials it would be -impossible now to say. They were mostly laymen and as such were subject -to the secular courts, while, in the popular opposition elicited by -their proceedings, especially in the Aragonese kingdoms, there might be -anticipated danger that they would be terrorized or prosecuted unless -protected by being reserved for judgement by their own tribunals. The -earliest mandate to this effect that I have met is a cédula of -Ferdinand, March 26, 1488, addressed to all the officers of justice in -Catalonia ordering them, under penalty of two thousand florins and the -royal wrath, to take no cognizance of anything concerning the ministers -and familiars of the Inquisition; all their acts in such cases are -declared invalid, and any one whom they may have arrested is at once to -be transferred to the tribunal, showing that, at least in Catalonia, no -such exemption from secular justice had previously been -recognized.[1053] - -Yet in this unlimited decree Ferdinand had overlooked details which -necessarily presented themselves in practice. Was this exemption from -secular jurisdiction confined to the _titulados y asalariados_ or did it -extend to the unsalaried commissioners and familiars, receiving no pay, -pursuing their customary avocations and only called upon for occasional -service? There was also a question about the servants of officials, for -an abuse of the spiritual courts had included those of clerics. Then it -might be asked whether the protection accorded to the person of the -official extended to his property in civil suits, with the wide avenue -thus opened to abuses of many kinds. There was, moreover, a well-settled -principle of law that the accuser or plaintiff must seek the court of -the defendant; if, in violation of this, the official could enjoy what -was known as the active _fuero_ as well as the passive--that is, if he -as plaintiff could bring suit or prosecution before his own -tribunal--his power of offence would be vastly increased, together with -his opportunities for tyrannizing over all around him. - -These were questions which had to be decided. It would seem that the -inquisitors construed their powers in the most liberal fashion, giving -rise to abuses which called for repression and a limitation of their -jurisdiction. The reformatory Instructions of 1498, accordingly, order -them not to defend officials and their servants in civil cases and only -officials in criminal actions, a rule repeated in a carta acordada of -May 4th of the same year.[1054] This excluded servants wholly and -deprived officials of the _fuero_ in civil matters, but it was soon -modified by Ferdinand, in a letter of January 12, 1500, to the Catalonia -tribunal, ordering it not to interfere with the royal court in a certain -suit, and expressing the rule that the plaintiff must seek the court of -the defendant.[1055] It was impossible however to restrain inquisitors -from exceeding their jurisdiction and he was obliged, August 20 1502, to -repeat his injunctions to the same tribunal, in consequence of -complaints from the Diputados. The inquisitors were roundly taken to -task for lending themselves to the schemes of the receiver in buying up -debts and claims and then collecting them through the tribunal; they -were told that they must defend none but salaried officials actually in -service; if they are plaintiffs in civil suits they must apply to the -court of the defendants, while if they are defendants the plaintiffs -must seek the tribunal. To evoke other cases, he says, causes great -scandal and will lead to troubles which must be prevented. A fortnight -later he emphasized this about a civil case which they had evoked from -the royal court; they must remit it back and not have to be written to -again as he would not tolerate such proceedings.[1056] Thus familiars -and servants were not entitled to the _fuero_, or inquisitorial -jurisdiction, while salaried officials enjoyed it, active and passive, -in criminal actions and only passive in civil suits. - -[Sidenote: _INTERFERENCE WITH COURSE OF JUSTICE_] - -Unduly favorable as was this to the Inquisition, the tribunals paid no -attention to its limitations; they welcomed all who sought their -judgement seat, and the desire for it of those who had no claim on it -shows that they had a reputation of selling justice. One or two cases -will exemplify this and show how good were the grounds of complaint by -the people. There was a certain Juan de Sant Feliu of Murviedro, whose -father and mother-in-law had been condemned for heresy, and to whom -Ferdinand had kindly granted their confiscations, including the dowry of -his wife. In 1505 the town of Murviedro farmed out to him and his wife -the impost on meat for 11,100 sueldos a year; he died and, in the -settlement of his account, he was found to owe the town a hundred and -fifty libras, which it proceeded to collect from his sons in the court -of the governor. Under pretext that his property had been confiscated -and restored, they appealed in 1511 to the tribunal of Valencia, which -promptly evoked the case and inhibited the court from further action, -whereupon the town complained to Ferdinand who ordered the case remitted -to the governor. Unabashed by this, in 1513, Sant Feliu's heirs on the -same pretext obtained the intervention of the tribunal in another case, -in which Doña Violante de Borja had sued them for 7500 sueldos which she -had entrusted to him to invest in a censo of the town of Murviedro; the -censo had been paid off and he had concealed the fact and kept the -money. Judgement was given against them, when the inquisitors interposed -and prohibited the royal court from further action. Ferdinand expressed -much indignation at their interference with justice in a matter wholly -foreign to their jurisdiction and ordered the prohibition to be -withdrawn. Even more arbitrary was the action, in 1511, of the Majorca -tribunal, when Pedro Tornamirandez sued the heirs of Francisco Ballester -for some cattle and obtained judgement in the court of the royal -lieutenant, whereupon the heirs appealed to the inquisitor who evoked -the case and forbade further proceedings in the secular court. None of -the parties had any connection with the Inquisition and there was not -even the pretext of confiscation; it was a mere wanton interference with -the course of justice, only explicable by some illicit gain, and when -Ferdinand's attention was called to it he ordered the inquisitor to -revoke his action.[1057] If, under Ferdinand's incessant vigilance the -Inquisition thus boldly prostituted its powers, we can appreciate how -well-founded, under his careless successors, were the complaints of -those who suffered under wrongs perpetrated under the pretence of -serving God. - -In the Catalan Concordia of 1512 there was an attempt to do away with -some of these abuses and the bull _Pastoralis officii_ of Leo X, -confirming the Concordia, marks another stage in the development of the -_fuero_. No one, he said, could be cited save in his own ordinary court -at the instance of an official or familiar; if it were attempted, all -acts concerning it were invalid and the inquisitors must condemn the -plaintiff in double the expenses and damage; if any official bought -property in suit, or on which a suit was expected, he could be cited -before a court not his own and if he claimed property under seizure by a -secular judge, the latter could disregard all inhibitions issued by -inquisitors; moreover inquisitors should have no cognizance in matters -concerning the private property of officials. While thus striking at -some of the more flagrant abuses of the _fuero_, Leo opened the door to -worse ones by admitting familiars and the commensals or servants of -officials to participation in the immunities of the Inquisition.[1058] -The bull, in fact, is in accordance with the Instructions of 1514, as -issued by Inquisitor-general Mercader, and we shall see how completely -the restrictive clauses were ignored while those admitting familiars and -servants were developed.[1059] - -[Sidenote: _IMMUNITY OF SERVANTS_] - -The question as to familiars and servants was not absolutely settled for -some years. It is true that, in 1515 at Logroño, when the corregidor -arrested Martin de Viana, a servant of the secretary Lezana, and refused -to surrender him to the tribunal, he and his deputy and alguazil were -excommunicated and the Suprema on appeal subjected them all to fines and -humiliating penance.[1060] On the other hand, in 1516 at Valladolid, -when Alonso de Torres, servant of Inquisitor Frias, was thrown into the -royal prison, the inquisitor did not reclaim him but procured the -interposition of the Suprema, which ordered him to be released on bail -and then, after nine months had passed without a charge being brought -against him, he procured a royal cédula for the release of his -bondsmen.[1061] Whatever doubts may have existed on the subject were -removed, in 1518, by a cédula of Charles V, reciting that in Jaen the -secular courts assumed cognizance of criminal cases concerning officials -and familiars and their servants, which was contrary to the privileges -of the Holy Office, wherefore he forbade it strictly for the -future.[1062] After this the Inquisition had no hesitation in insisting -on its rights. When, in 1532, the corregidor and officials of Toledo -were excommunicated for punishing the servant of an inquisitor and the -Empress-regent Isabel wrote to the tribunal to absolve them, the Suprema -instructed it not to obey her.[1063] She learned the lesson and, in -1535, when ordering some servants of inquisitors and familiars to be -remitted to the Inquisition, she said it was accustomed to have their -cases, both civil and criminal, and it was her pleasure that this should -be observed.[1064] - -The civil authorities were somewhat dilatory in recognizing the immunity -of servants, and cases continued to occur in which the tribunals -vindicated their jurisdiction energetically. About 1565 two officers of -the royal justice in Barcelona arrested a servant of Inquisitor Mexia in -a brothel where he was quarrelling with a woman, for which they were -thrown into the secret prison as though they were heretics and were -banished for three months, while the judge of the royal criminal court, -who had something to do with the matter, was compelled to appear in the -audience-chamber and undergo a reprimand in the presence of the -assembled officials of the tribunal. The virtual immunity for offenders -resulting from the privilege is illustrated by the case, in the same -tribunal, of Pedro Juncar, servant of the receiver, who murdered the -janitor of the Governor of Catalonia; the governor arrested him but was -forced to surrender him to the tribunal, which discharged him with a -sentence of exile for a year or two and costs.[1065] The influence on -social order of conferring immunity on such a class can readily be -conceived. - -The privilege of the fuero was not confined to servants but was extended -in whatever direction the ingenuity and perseverance of the tribunal -could enforce it. Penitents who were fulfilling their terms of penance -were claimed and the claim was confirmed, in 1547, by Prince Philip. In -Valencia and Barcelona the workmen employed on the buildings of the -Inquisition were given nominal appointments under which they claimed -immunity. In Lima the tribunal complained to the viceroy of the arrest -of a bricklayer who was working for it, but it got no satisfaction. In -Barcelona the tribunal granted inhibition with censures on the civil -court, in which the brother of a familiar was suing a merchant on a -protested bill of exchange.[1066] - - * * * * * - -[Sidenote: _IMMUNITY OF FAMILIARS_] - -We have seen the limitations imposed by Ferdinand and the bull -_Pastoralis officii_ and the reiteration of the principle that the -plaintiff must seek justice in the court of the defendant. As far as -regards Castile, Charles V had overthrown this in criminal matters for -both officials and familiars. Civil cases remained in a somewhat -undetermined state, especially concerning familiars, the inquisitors -endeavoring to grasp as far as they could both the active and passive -fuero. When, in 1551, complaints came from Valencia that the tribunal -was collecting debts for familiars, Inquisitor-general Valdés wrote that -he did not know how this had come to pass and called for precise -information as to when it had commenced and generally as to the method -observed in the civil cases, active and passive, of familiars, so that -he could answer Prince Philip.[1067] There was a good deal of -uncertainty about the whole subject; the courts were restive and the -situation was becoming strained. In the endeavor to settle it, Charles, -in 1542, reissued his edict of 1518 with a _sobre carta_ emphatically -commanding its strict observance and forbidding the secular courts from -any cognizance of the criminal cases of officials or familiars.[1068] -This did not mend matters. The courts persisted in exercising -jurisdiction over familiars, the _recurso de fuerza_ was freely invoked -and competencias multiplied. Both sides appealed to Charles, who was in -Germany, and this time the opponents of the Inquisition gained the -advantage. Prince Philip, as regent, issued a cédula, May 15, 1545, in -which he described how laymen, subject to the secular courts, obtained -immunity for their crimes on pretext of being familiars; how the -tribunals, in defending them, cast excommunications on the officers of -justice, through which scandals and disquiet were daily increasing, and -the course of justice was impeded. The familiars were in no way entitled -to immunity from the secular courts, as they were not officials, -although a different custom existed in Aragon and the inquisitors -pretended to it in Castile, under the cédula of 1518 and the sobrecédula -of 1542, but these were both irregular, not having been despatched by -the Council and Secretariat of Castile as is customary and necessary. -Therefore in order that delinquent familiars may not remain unpunished -and be induced to commit crimes by the prospect of immunity, the emperor -ordered the matter to be thoroughly discussed and meanwhile the cédulas -of 1518 and 1542 to be suspended, in conformity with which they are -declared to be suspended, inquisitors are ordered no longer to take -cognizance of the cases of familiars and the secular courts are -instructed to prosecute them in accordance with the laws.[1069] - -The Inquisition did not acquiesce tamely in this defeat, which was -aggravated by the secular courts interpreting it as giving them -jurisdiction over officials as well as familiars. It protested and -resisted and showed so little obedience that the Córtes of Valladolid, -in 1548, asked that it should be compelled to confine itself to its -proper functions in matters of faith.[1070] Quarrels and recursos de -fuerza continued and finally the whole question was referred to a junta -consisting of two members each from the Suprema and Council of Castile. -The representatives of the Inquisition conceded that it had been in -fault in appointing too many familiars and in claiming for them all the -exemptions of salaried officials; those of the Council admitted that the -courts had erred in interfering with civil and criminal cases properly -appertaining to the Holy Office. Mutual concessions were made, resulting -in what was known as the Concordia of Castile, March 10, 1553--an -agreement which the Inquisition admitted, a century later, that neither -side had observed.[1071] - -[Sidenote: _THE LAW IN CASTILE_] - -The Concordia was silent as to the salaried officials, thus leaving them -in possession of the active and passive fuero in both civil and criminal -cases. It devoted itself wholly to the familiars who, in this as in so -much else, were the leading source of trouble. After regulating, as we -shall see hereafter, their number and character, it defined that in -civil cases they should be subject wholly to the secular courts. For the -greater crimes, moreover, cognizance was also reserved exclusively to -the courts, the list comprising treason, unnatural crime, sedition, -violating royal safe-conducts, disobedience to royal mandates, -treachery, rape, carrying off women, highway robbery, arson, -house-breaking and crimes of greater magnitude than these, as well as -resistance or formal disrespect to the royal courts. Those who held -office were also amenable to the courts for official malfeasance. This -left only petty offences subject to inquisitorial jurisdiction and for -these familiars were liable to arrest by secular magistrates, subject to -being immediately transferred to the Inquisition. For doubtful cases it -was provided that, when the lay judge and inquisitor could not agree, -there should be no contention, but the evidence was to be sent to the -court of the king, where two members each of the Suprema and Council of -Castile should decide as to the jurisdiction; for this a majority was -required and, in case of equal division of votes, the matter went to the -king for final decision. No appeal from this was allowed and meanwhile -the accused was retained in the prison to which he had been consigned at -arrest.[1072] This process of adjudicating disputes became known as -_competencia_, the details of which will be considered hereafter. - -Whatever concession the Inquisition made in thus surrendering a portion -of its jurisdiction over familiars was more than compensated by what was -evidently part of the agreement, the issue on the same day of Philip's -cédula addressed to all judicial bodies forbidding them to entertain -appeals of any kind from the acts of the Holy Office (p. 341). It thus -secured complete autonomy; it was rendered self-judging, responsible to -the king alone, and the populations were surrendered wholly to its -discretion. - -As far as regards Castile, the Concordia of 1553 was final. It is true -that the royal cédula of Aranjuez, April 28, 1583, extended its -principles to the salaried officials, but there is no trace of the -observance of this.[1073] Another point was subjected to a temporary -modification. The absolute denial of justice in allowing inquisitors to -have their civil suits decided by their own tribunals attracted -attention, after nearly a century, and the Suprema, February 18, 1641, -ordered that these cases should be referred to it, when, if it deemed -proper, it would commission the tribunal to hear them, but this slender -restriction seems to have elicited so active an opposition that it was -withdrawn within three months by a counter order of May 14th, restoring -to the inquisitors the power of sitting in judgement on their own -cases.[1074] It is easy to conceive the amount of oppression and wrong -which they could thus inflict. - -With these trivial exceptions the Concordia remained the law in Castile. -In 1568 Philip II issued a cédula stating that it had not been observed, -wherefore he ordered strict compliance with it and, as late as 1775 -Carlos III treats it as being still in force and to be respected by all -parties.[1075] If Philip, however, expected peace between the rival and -jealous jurisdictions, as the result of the Concordia, he deceived -himself. Both were eager for quarrel and opportunities to gratify -combative instincts were not lacking. The secular courts resented the -intrusion of the Inquisition, which was careful to keep antagonism -active by the insulting arrogance of its methods, whenever a question -arose between them. There was ample field for contention, for not only -were the excepted crimes loosely defined, giving rise to many nice -questions, but the Inquisition acutely argued that before the royal -courts could assume possession of a case the crime must be fully proved, -for the familiar was entitled to the fuero until his guilt was -ascertained, thus keeping in its own hands all the vital parts of the -process and excluding the secular justices.[1076] Then the circle of -excepted cases was enlarged, not only for familiars but for salaried -officials, by various edicts from time to time, as we have seen with -regard to pistols and discharging fire-arms. Another instance was a -cédula of Philip II, in 1566, including among exceptions the violation -of royal pragmáticas, which was put to the test, in 1594, when the -Chancellery of Granada prosecuted a notary of the tribunal for wearing a -larger ruff than was allowed by a sumptuary pragmática; the tribunal -excommunicated the judges but, when the case was carried up to the -Suprema and Council of Castile, the Chancellery was justified.[1077] In -the frenzied efforts to maintain the value of the worthless vellon -coinage, Philip IV, by repeated edicts between 1631 and 1660, deprived -familiars and salaried officials of the fuero in cases of demanding more -than the legal premium for the precious metals or of counterfeiting or -importing base money.[1078] Frauds on the revenue from tobacco also -deprived all offenders of exemptions, by a pragmática of 1719, but it -was difficult to enforce and had to be repeated in 1743, after which at -last Inquisitor-general Prado y Cuesta, in 1747, ordered the tribunals -to obey it.[1079] - - * * * * * - -[Sidenote: _VALENCIA_] - -Although Navarre was under the crown of Castile, the Concordia of 1553 -was not extended to it until 1665, by a royal cédula of May 9th. The -questions which agitated the rest of Spain seem to have rarely presented -themselves there, for we hear little of them in that quarter, although, -in 1564, the tribunal of Logroño complained of the intrusion of the -secular courts on its jurisdiction and there were, as we shall see -hereafter, occasional collisions on the subject of witchcraft, which was -_mixti fori_.[1080] - - * * * * * - -The kingdoms of the Crown of Aragon were the scenes of much greater -trouble than those of Castile, in delimiting the boundaries of the rival -jurisdictions, for they still had institutions which could remonstrate -against abuses and struggle for their removal. We have seen how -recalcitrant they were when the Inquisition was introduced and how -vigorously they struggled against the abuses which followed. In the -Concordias of 1512 and 1520 they secured certain paper guarantees, but -these were brushed aside by the Inquisition with customary ill-faith. -Irritation and hostility became chronic, with the result that they were -denied some of the slender alleviations vouchsafed to Castile, on the -ground that the character of the population and the neighborhood of the -heretics of France rendered it necessary that the Holy Office should be -fortified with greater privileges than in the rest of Spain. - -Of the three kingdoms Valencia was the one which gave the least trouble -in this matter. Yet a case occurring in 1540 is highly significant of -the terrorism under which the royal judges discharged their duties. Dr. -Ferrer of Tortosa, one of the judges, appealed to Inquisitor-general -Tavera, representing that in the previous year he had condemned to death -a murderer, who had fully deserved it. Now that the inquisitor had come -his enemies represent that the culprit was a familiar, although he had -never claimed to be one, and it is currently reported that the -inquisitor is about to prosecute him (Ferrer). If he is in fault in the -matter he will cheerfully submit to punishment, but he begs not to be -subjected to the infamy of a trial. To this appeal the Suprema responded -by ordering the inquisitor to send it such evidence as he may gather and -to await a reply before taking action.[1081] It is evident that all -criminal judges lived in an atmosphere of dread lest at any moment the -honest discharge of their functions might precipitate them into a -disastrous conflict with the tribunal. It justifies the complaints of -the Córtes of 1547 and 1553, the latter of which declared that the -inquisitors exceeded their jurisdiction, intervening in many affairs, -both civil and criminal, that had no connection with heresy. This caused -great disturbance of justice and contentions between the jurisdictions, -in which the tribunal assumed to be supreme and to define the limits of -its own power. Great as were these evils they were daily increasing and -were becoming intolerable, wherefore the Córtes prayed that the subject -be investigated and a clear definition be made between the royal -jurisdiction and that of the Inquisition.[1082] - -[Sidenote: _VALENCIA_] - -This resulted in a junta of the members of the Suprema and of the -Council of Aragon, who agreed upon a Concordia, published by Prince -Philip, May 11, 1554. In this he recited that, in consequence of the -great numbers of familiars and their endeavoring to have all their -cases, civil and criminal, tried by the tribunal, which sought to -protect them in this against the claims of the royal judges, there had -arisen many contentions in which the whole of the Audiencia had been -excommunicated. To put an end to this unseemly strife he had caused the -junta to be held, with the result of the following articles, which he -ordered both sides to observe, the royal officials under pain of a -thousand florins, and the inquisitors as they desired to please him and -the emperor. In this the first point was the reduction of the excessive -number of familiars; in the city of Valencia they were not to exceed one -hundred and eighty; in towns of more than a thousand hearths there might -be eight, in those of over five hundred six, in smaller places four, -except that in the coast towns there might be two more. Lists of all -appointees were to be furnished to the magistrates, both to check excess -and to identify individuals. In civil suits they were to enjoy the -passive fuero but not the active; if in contracts they renounced this -privilege the condition held good, while, if the other party agreed to -accept the jurisdiction of the Inquisition, he could not be cited before -it. In criminal cases, the Inquisition had sole cognizance with respect -to officials, their servants and families and to familiars but not to -their wives, children and servants. When contests arose with secular -courts, mild measures were to be used and excommunication be avoided as -far as possible. When a familiar entered into a treaty of peace and -truce, it was to be executed before an inquisitor and, if it contained a -condition of death for violation, the inquisitor, in case of such -violation, was to relax the culprit to the secular arm to be put to -death. Familiars who were in trade were not to enjoy the fuero for -frauds or violations of municipal laws and officials holding public -office were liable to the secular courts for malfeasance therein.[1083] - -This would appear to grant to the Inquisition all that it had any excuse -for asking, but it was impossible to bind the inquisitors to any -compact, or to observe any rules. A letter to them from the Suprema, in -September, 1560, reminds them that it had already ordered them, in the -case of Juan Sánchez, to deprive him of his familiarship, to withdraw -their inhibitions and censures, and to remit the affair to the secular -judge, in spite of which they had gone forward and rendered sentence; -now, as Sánchez is not a familiar, they must positively send the case -back to the ordinary courts.[1084] When such persistence in injustice -existed, it is not surprising that, at the Córtes of Monzon, in 1564, -the deputies of Valencia, like those of Aragon and Catalonia, presented -a series of complaints, bearing chiefly on abuses of jurisdiction. We -happen to have a view of the situation by an impartial observer, the -Venetian envoy, Giovanni Soranzo, in his relation of 1565, which is -worth repeating, although we must bear in mind that it was impossible -for a Venetian statesman to give Philip II credit for the honest -fanaticism which underlay his character. After alluding to the -privileges of the Aragonese kingdoms, he proceeds "The king uses every -opportunity to deprive them of these great privileges and, knowing that -there is no easier or more certain method than through the Inquisition, -he is continually increasing its authority. In these last Córtes the -Aragonese prayed that the Inquisition should take cognizance of no cases -save those of religion and said that they grieved greatly that it -embraced infinite things as distant as possible from its jurisdiction -and they presented many cases not pertaining in any way to its duties. -In truth at present the Inquisition interposes in everything, without -respect to any one of whatever rank or position, and we may say -positively that this tribunal is the real master which rules and -dominates all Spain. The king replied that the Inquisition was not to -be discussed in the Córtes, when they all arose and threatened to depart -without finishing any other business, if the king did not wish them to -discuss a matter of so much importance to them. The king quieted them by -promising that, when he returned to Castile, he would listen to their -complaints and would not fail to grant the appropriate relief. But -undoubtedly he did this so that the Córtes should end without a revolt, -his intention being to increase rather than to diminish the importance -of the Inquisition, clearly recognizing it as the means of maintaining -his reputation and of keeping the people in obedience and terror."[1085] - -[Sidenote: _VALENCIA_] - -Soranzo's account of the Córtes is not wholly complete. When Philip -promised relief after his return to Castile, the deputies replied that -they did not choose to be convoked in Castile and that they would go no -further with the subsidio which he wanted until they were satisfied. The -sessions were prolonged; the patience of the deputies outwore his own -and he promised that he would have a visitation made of the tribunals of -the three kingdoms and then, in concert with their Diputados, issue a -new series of regulations.[1086] The promise was kept. Francisco de Soto -Salazar, a member of the Suprema, was sent, in 1566, with full powers -and instructions to investigate all abuses, but especially those -connected with jurisdiction in matters not of faith. In Valencia his -attention was particularly called to a practice of appointing deputy -inquisitors and officials and investing them with the privilege of the -fuero as well as mechanics employed on the palace of the Inquisition and -houses of the officials and also to the overgrown number of familiars -and their character.[1087] In Catalonia, especially, he found much to -criticize, as we shall have occasion to see hereafter, for he performed -his mission thoroughly and conscientiously; he listened to all -complaints, investigated them and bore back to the Suprema full reports -which bore hardly on the methods of all the tribunals. Prolonged debates -ensued between the Suprema, the Council of Aragon and the Diputados and -finally, in 1568, a new Concordia was issued. It is significant that it -no longer was a royal decree but bore the shape of instructions from -Inquisitor-general Espinosa and the Suprema to the tribunals, and the -king only appeared in it as communicating it to his representatives and -ordering its observance under pain of a thousand florins, coupled with -commands to favor and reverence the Inquisition and its officials, to -give them all necessary aid and to protect and defend their privileges. - -The Concordia thus granted to Valencia confirmed that of 1554 and -ordered its observance, adding a number of special provisions, highly -suggestive of the abuses which had flourished. As affording a view in -some detail of the causes of popular irritation and of the remedies -sought, I subjoin an abstract of the articles bearing on the subject. - - Outside of the city the local magistrates are to have cognizance of - civil cases of familiars involving less than twelve libras. - - Familiars of other districts settling in Valencia lose the fuero, - but retain it if the residence is temporary. - - The number of familiars is to be reduced to that provided in 1554, - weeding out the least desirable. - - They must present themselves with their commissions to the local - magistrates in order to be entered on the lists, without which they - forfeit their exemption. - - The provision depriving those in trade of the fuero, for frauds and - offences committed in their business, which has not been observed, - is to be enforced. - - Crimes committed prior to appointment are not entitled to the - fuero. - - No cleric or religious or powerful noble or baron is to be - appointed. - - Consultors are not to be considered as officials, but only persons - holding commissions from the inquisitor-general, to whom may be - added a steward of the prison and two advocates of prisoners. - - In future the servants of officials must really be servants living - with them and receiving regular wages in order to be protected by - the inquisitors. - - Inquisitors are not to interfere, at the petition of an official or - familiar, with the regulations of the college of surgeons. - - Any familiar who is a carpenter and who brings lumber from the - sierra of Cuenca shall not be protected by the inquisitors, but - shall be left for judgement to the secular court. - - Outside of cases of heresy inquisitors must not interfere with the - execution of justice by the royal judges under pretext that - culprits have committed offences pertaining to them, but in such - cases the judges shall be notified and allowed to execute justice, - after which the inquisitors can inflict punishment. In case of - heresy, however, a prisoner can be demanded, to be returned after - trial, provided he is not sentenced to relaxation. - - Familiars are not to be protected in the violation of municipal - regulations, nor, during pestilence, in the refusal to observe the - regulations for the avoidance of contagion; they must submit for - inspection the goods which they bring in and the royal judges - shall not be prevented from imposing the penalties provided in the - royal pragmática. - - Commissioners shall not form competencias with secular or - ecclesiastical judges, nor shall their assistants enjoy greater - privileges than familiars. - - Persons temporarily employed to make arrests, or to read the - edicts, or as procurators, etc., shall not be defended by the - inquisitors. - - As the inquisitorial district of Valencia comprehends Teruel in - Aragon and Tortosa in Catalonia, those places are not to be - exempted from the Concordia under the pretext that the Concordia of - 1554 spoke of the kingdom of Valencia. - - The widows of officials, while remaining unmarried, enjoy both - civil and criminal fuero, but not their children and families as - has been the case, but widows of familiars are deprived of it and - are not to be defended by the inquisitors. - - The judge employed by the inquisitors to hear the cases of - officials and familiars is to be dismissed; such cases are to be - heard by the inquisitors outside of the regular hours of service - and for this they are to charge no fees. - - Servants and families of salaried officials are only to have the - passive fuero in civil cases, like familiars. - - Inquisitors are no longer to defend familiars in matters of the - apportionment of irrigating waters, injuries to harvests, - vineyards, pastures, forests, furnishing of lights, licences for - building, street-cleaning, road-mending and furnishing provisions. - - Inquisitors are not to publish edicts with excommunication for the - discovery of debts, thefts or other hidden offences committed - against officials and familiars, nor such edicts against any - delinquents save in cases of heresy. - - Persons arrested, except for heresy, are not to be confined in the - secret prison but in the public one, where they can confer with - their counsel and procurators, and they are to be allowed to hear - mass and receive the sacraments. - - Familiars holding office are not to be defended for official frauds - or malfeasance, but the secular authorities are to be freely - allowed to administer justice. - - Inquisitors shall not give safe-conducts to persons outlawed or - banished by the royal judges, except in cases of faith and then - only for the time necessary to appear before them. - - When any official or familiar, in criminal or civil cases not of - faith, has consented tacitly or explicitly to the secular - jurisdiction or has pleaded clergy, the inquisitors shall not - protect him nor inhibit the secular judges. And if any official or - familiar inherits property in litigation the case shall remain in - the court where it is pending. - - As familiars in civil cases have only the passive and not the - active fuero there shall no longer, as heretofore, be artifices - employed, such as pretended criminal prosecutions and interdicts, - to obtain cognizance of such cases, but they shall be conducted in - the court of the defendant. - - When a suit between outsiders has been decided, if any official or - familiar intervenes to prevent the execution of the decision, on - the pretext that he is in possession of the property at issue or a - part of it, the inquisitors shall not support him in it. - -[Sidenote: _VALENCIA_] - - If an outsider commits a crime while in company with an official or - familiar, or is an accomplice in a crime committed by an official - or familiar, the inquisitors shall not have cognizance of his case - but only of that of the official or familiar. - - When a grave crime has been committed by or against a familiar the - inquisitors shall not send a judge to take testimony or punish, - with salary by the day, but shall avoid expense by making a - commissioner gather the evidence. - - Inquisitors shall no longer enforce contracts of peace and truce - unless they have been entered into before them or by their order. - - Inquisitors shall not have cognizance of contracts between - outsiders because of a clause submitting them to the fuero, nor of - cases of donations or cession to officials or familiars. - - Inquisitors shall not protect widows of officials and familiars in - refusing to pay imposts and contributions. - - When inquisitors have to summon secular judges before them it must - be only in cases where it is unavoidable and then only with great - consideration. - - If a bankrupt is a familiar the inquisitors have cognizance, but - not in the case of an outsider under pretext that an official or - familiar is a creditor. - - Familiars shall not make arrests or other execution of justice - without orders from inquisitors. - - Inquisitors shall not proceed against the priors and officials of - guilds and confraternities who levy upon a familiar, who is a - member, for dues under the rules of the association, or when a - familiar has had the administration of a church or hermitage or - hospital and is sued for debts or contributions due.[1088] - -The other prayers and demands of the Córtes were rejected, but those -which were granted sufficiently indicate the abusive manner in which the -tribunal had extended its jurisdiction, how that jurisdiction was -admittedly used to protect officials and familiars in violations of law, -and how intolerable was the influence on municipal and commercial life -of letting loose on the community a class who were beyond the reach of -justice. We can readily understand the eagerness of the lawless and -unscrupulous to obtain positions which secured for them such privileges -and why it was impossible to restrain inquisitors within the prescribed -limits of their appointing power. - -After protracted effort the Valencians had thus obtained promise of -substantial relief, but as usual it was a promise only made to be -broken. How little intention there was of enforcing the reform was -promptly revealed for, when the authorities naturally ordered the new -Concordia to be printed so that the courts and rural magistrates could -be guided by it in their dealings with the officials and familiars, the -inquisitors at once ordered the printers to suspend work and appealed -to the king, who commanded that all copies should be surrendered.[1089] -Although the settlement was permanent and remained in force until the -end, it apparently never was published for general information. At the -moment it was regarded as greatly limiting the secular jurisdiction of -the tribunal, and the worthy Valencian inquisitor, Juan de Rojas, says -that he is ashamed to allude to its depressed and weakened condition, -which has worked great injury to the faith.[1090] His grief was -superfluous; the tribunal was not accustomed to be bound by law and its -methods of enforcing its assumed prerogatives were difficult to resist. -In 1585 the Córtes had a fresh accumulation of grievances which, by -order of the king, the Suprema sent to the inquisitors with orders to -report the method of meeting them most advantageous to the Holy -Office.[1091] - -[Sidenote: _VALENCIA_] - -If space permitted abundant cases could be cited to show the justice of -these complaints. In fact, the correspondence between the Suprema and -the tribunal, during the last fifteen years of the sixteenth century, is -largely devoted to cases of competencias arising from crimes of all -descriptions committed by familiars and to the punishments inflicted by -the tribunal, the heaviest of which is the galleys, in two or three -cases. Sometimes the charges are dismissed and as a whole the criminals -seem to have escaped so lightly that prosecution only served to -encourage their lawlessness.[1092] There was no improvement as time went -on and a case occurring in 1632 is worth alluding to as illustrating the -results of the _fuero_ and the spirit in which it was administered by -the tribunal. Don Martin Santis was murdered by pistol shots, while -returning with some Dominican frailes in a coach from the Grao of -Valencia to the city. Four notorious familiars, Pedro Rebert, Joan -Ciurana, Jaime Blau and Calixto Tafalla, were suspected and were -arrested by the Audiencia. The tribunal claimed them, a competencia was -formed and the case came up before the Suprema and the Council of -Aragon. The Marquis of los Velez, the viceroy, took advantage of it to -represent to Philip IV the disorders and scandals caused by the criminal -familiars who were protected by the Inquisition. This paper was referred -to the Council of Aragon which, on July 21st, presented a consulta on -the subject. There is, it says, no peace or safety to be hoped for in -Valencia unless there is reform in the selection of familiars, for there -is no crime committed there in which they are not principals or -accomplices, in the confidence of escape through the intervention of the -tribunal, since there is no one, however guilty he may be of atrocious -crime, who is not speedily seen walking the streets in freedom. In all -disturbances, familiars are recognized as ringleaders and their object -in gaining appointment is only to enjoy immunity for their crimes. In -Valencia, Pedro Revert, Joan Ciurana and Sebastian Adell, all familiars, -are the chief disturbers of the peace. So in Villareal, a place -notorious for murders, Jaime Blau has been the moving spirit. In -Benignamin, where there are constant outbreaks, the leaders of the -factions are Gracian España, Martin Barcela and others, likewise -familiars. It is the same in Orihuela with Juan García de Espejo and -others. Scarce anywhere is there trouble in which familiars are not -concerned and they daily become more insolent through impunity, for the -inquisitors never punish with the requisite severity. One result is that -it is almost impossible to procure evidence against these malefactors, -in consequence of witnesses knowing that they will shortly be released -and will avenge themselves. Justice cannot be administered and still -greater evils are to be anticipated if the king does not provide a -remedy. If it is difficult to revise the Concordia and introduce the -necessary provisions, at least the king can order that these familiars -be dismissed and greater care be exercised in new appointments. All the -viceroys have recognized these impediments to justice, for these people -only seek exemption from the secular courts in order to be free to -commit crimes. - -We might imagine much of this to be exaggeration were not its truth -tacitly admitted by the Suprema, when transmitting it to Valencia with -instructions for information on which to base a reply. There is no -rebuke or exhortation to amendment, but the inquisitors are told to act -with the utmost caution and secrecy; to report the number of familiars -in Valencia and how many are unmarried; to give details as to the cases -cited by the Council of Aragon and what punishments were inflicted; what -was the record of those inculpated in the murder of Don Martin Santís; -covertly to obtain statistics of crime in Valencia for the last ten -years, committed by those not exempt, the punishments inflicted by the -royal court and whether these were subsequently remitted; whether, when -familiars were tried by the tribunal, accomplices were prosecuted in -the royal courts, and if so what sentences were pronounced; also to make -secret investigation as to promises made to familiars by the judges to -let them off easily if they would not claim the fuero, and finally to -furnish a list of cases in which the tribunal has punished its officials -for trifling offences. Altogether the effort was evidently much less to -offer a justification than to make a _tu quoque_ rejoinder. Apparently -the statistics asked of the tribunal were unsatisfactory, for there was -no use made of them in the answer presented October 6th, in which, after -seeking to explain away the assertions of the viceroy and Council of -Aragon, the Suprema accused the secular courts and their officials of -perpetual prosecution of familiars, who were arrested on the slightest -suspicion, assumed to be guilty and then forced by cruel treatment to -renounce the fuero. The suggestions for reform were airily brushed -aside. To dismiss delinquent familiars would be almost impossible, in -view of its effect upon their families and kindred. To enquire of the -royal officials as to the character of aspirants for appointment was -inadmissible, as it would admit them to participation in a matter with -which they had nothing to do. The true cure for the troubles would be to -secure the Inquisition in its rights by forbidding the secular courts -from assuming any jurisdiction over familiars. In short it was a -passionate outburst, precluding all hope of amendment, to which the king -replied by telling the Suprema to see that the tribunal did not employ -violent measures against the royal officials, but report to him any -excess for his action. Evidently nothing was to be hoped for from him -and indeed he had written on August 6th to the viceroy that the case -must take its regular course as a competencia and the inquisitors must -not use inhibitory censures or summon the judges to appear before them. -The result was the usual one that the tribunal obtained cognizance of -the case; one, at least, of the accused, Jaime Blau, was found guilty, -for we have his insufficient sentence, condemning him to exile and a -fine of three hundred ducats--a sentence which goes far to explain the -eagerness of the inquisitors to extend their jurisdiction, for they -rarely inflicted corporal punishments on their delinquent officials, -when pecuniary ones were so much more profitable.[1093] - -[Sidenote: _VALENCIA_] - -The same spirit was shown when, in 1649, disturbances between armed -bands led Philip IV to order the Suprema to instruct the inquisitors -that familiars and officials participating in these brawls, or lending -aid to peacebreakers, should not enjoy the fuero and that the tribunal -should not defend them or interfere with the course of justice. Instead -of obeying, the Suprema replied that it suspended the order until the -king should be better informed. It then proceeded with a long argument -to show that the faith would be imperilled by such abridgement of the -privileges of the Holy Office. Besides, these factional contests had -always been customary in Valencia and it was impossible to avoid -favoring one side or the other, for these armed bands demanded whatever -they wanted--money, or food or clothes--and people were forced to give -it at the risk of having their harvests burnt or their throats cut. The -consulta ended with the impudent suggestion that in future it would be -much better for the king, before issuing such decrees, to communicate to -the Suprema the consultas of the other councils on which they were based -so that a junta could be formed and the matter be debated.[1094] - -Evidently the Suprema held that this semi-savage state of society should -be encouraged by favoring the factionists and, under such conditions, -amelioration was impossible. Rivalry of jurisdiction paralyzed the law -and there was perpetual friction over the veriest trifles, for the -tribunal was always on the watch to resist the minutest infraction of -its prerogatives or disregard of its dignity. When, in 1702, Jacinto -Nadal, a familiar of Onteniente, received a summons to appear before Don -Pedro Domenech, a criminal judge of the Audiencia, he at once appealed -to the tribunal which sent word, on May 29th, that he had been under -arrest since March 25th and the papers in any charge against him must be -surrendered to it. It turned out that Domenech only wanted him to enter -security for his son and, when this was done, the inquisitors complained -that Nadal had done wrong in going to the judge after appealing to them, -and that Domenech had not treated them with proper respect, so that some -months were required to arrange a truce between them.[1095] - - * * * * * - -Aragon was a source of greater trouble than Valencia. The popular spirit -was more independent, it had resisted the introduction of the -Inquisition until the murder of San Pedro Arbués had rendered further -opposition impossible, it had been cheated of the fruits of the tenacity -of Juan Prat and it possessed an institution peculiar to itself, -designed to limit the encroachments of the sovereign power and well -adapted to restrain the arrogance of anything less formidable than the -mingled spiritual and temporal jurisdiction of the Holy Office. - -[Sidenote: _ARAGON_] - -The origin of the court of the Justicia of Aragon was fondly attributed -by the Aragonese to the legendary times of the kingdom of Sobrarve and -there is fair probability in the theory of the latest writer on the -subject that it was derived by the Christians from the conquered -Moors.[1096] In the thirteenth century the Justicia was already judge -between the king and his subjects; every precaution was taken to render -him independent; he was irremovable by the king and even his resignation -was void; he could accept no office from the king; he was not liable to -arrest and in a case of prosecution the Córtes sat in judgement on him; -every person in the kingdom was required to obey his commands, to -respect his decisions and to aid in their enforcement. His court -consisted of his assessors or lieutenants, originally appointed by him, -but subsequently by the king. The Córtes of 1528 increased the number to -five, submitting fifteen names to Charles V, who selected five, while -the rest were placed in a _bolsa_ and drawn as vacancies occurred. They -were virtually the equals of the Justicia, for the assent of a majority -was required in all judgements and all precautions were taken to secure -their independence.[1097] It is true that, in spite of the inviolability -of the Justicia, there were cases on record in which Justicias had been -made way with and that, on the suppression of the rising caused by -Antonio Pérez, in 1591, the Justicia, Juan de Lanuza, was beheaded -without trial, and in the ensuing Córtes of Tarazona the appointment of -both Justicia and lieutenants was surrendered to the king.[1098] -Nevertheless the court of the Justicia was regarded by the Aragonese -with the greatest pride and reverence, as the safeguard of their -liberties and the highest expression of judicial authority existing in -the world; it was the bond that united the state and the foundation of -its tranquillity. When the Justicia authorized the cry of _Contrafuero! -Viva la Libertad y ayuda á la Libertad!_ it summoned every citizen to -sally forth in arms to defend the liberties of the land. Moreover, he -had the power of withholding from execution all papal decrees, and his -authority in ecclesiastical matters in general caused him to be -popularly termed the married pope.[1099] - -So far as we are concerned, the power of the court was exercised through -two processes, the _manifestacion_ and the _firma_. The former was a -kind of habeas corpus, under which a person had to be produced before -it, either to be liberated on bail or to be confined in the _carcel de -manifestados_--a special prison over which even the king had no -jurisdiction. The summons of a manifestacion had to be obeyed, even if -the subject were on the gallows with the halter around his neck, or if -it was addressed to the highest secular or spiritual court of the land. -It was a privilege to which every citizen was entitled; when, in 1532, -Charles V sent orders that Don Pedro de Luna should be deprived of it, -he was not obeyed, and a special envoy was sent to him in Germany, -asking the prompt withdrawal of the command as, until the return of the -messenger, the land would be in great suspense. The _firma_ was of -various kinds, but in general it was of the nature of an injunction, -stopping all proceedings and summoning the parties before the court of -the Justicia, where their cases would be determined, and it was -especially useful in preventing arbitrary arrests and seizure of -property. Failure to obey a firma was promptly followed by seizure of -temporalities and, under a fuero of King Martin, it could be served on -the king himself. One was served on Charles V, at Valladolid, and again -one on the papal nuncio and, when the latter disregarded it, his -temporalities were sequestrated. Such a jurisdiction could not fail to -come into collision with the Inquisition, against which its powers were -frequently invoked, and the favorite device of the tribunal, of evading -service by closing its doors, was unavailing, for attaching the firma to -the gates was held to be legal service. In 1561, the Justicia granted a -manifestacion to Don Juan Francés del Ariño, in a case not of faith; the -tribunal prepared to answer by fulminating excommunications, but the -court issued a _monitorio_ against it, when a settlement was reached -which both parties considered satisfactory. In the same year, when the -inquisitors arrested Bartolomé Garate, secretary of the court, it served -a monitorio upon them and, in 1563, it did the same for the censures -issued against Augustin de Morlanes, of the criminal council of the -Audiencia. In 1626, when Pedro Banet, secretary of the tribunal, was -accused of the murder of Juan Domingo Serveto, the action of the -inquisitors led to the issue against them of a firma and monitorio, -under which their temporalities were seized and this was followed by -another firma, prohibiting the use of excommunication.[1100] - -[Sidenote: _ARAGON_] - -Under such institutions, animated by such a spirit, it was inevitable -that the extension of the temporal jurisdiction of the Holy Office -should provoke a bitter and prolonged conflict. We have seen the early -struggles of this; how concessions were wrung from monarch and -Inquisition, to be disregarded by them as soon as the momentary pressure -had passed, and how the remonstrances of the Córtes of 1528 and 1533 -were contemptuously brushed aside. The grievances were real and the -Suprema knew them to be such, but the policy was invariable of denying -their existence and refusing amendment when asked for by the sufferers. -The temper in which complaints were heard was significantly manifested -when, in 1533, the Córtes of Monzon adopted certain articles and -presented them to Inquisitor-general Manrique and the Suprema, with the -request that they should be adopted. Thereupon Miguel de Galbe, fiscal -of the tribunal of Lérida, addressed to Manrique a formal accusation, -naming four members of the Córtes, who seem to have been the committee -deputed to communicate with the Suprema, asking that they and all who -had advocated the articles should be prosecuted as fautors of heretics -and impeders and disturbers of the Inquisition, while the articles in -question should be publicly torn and burnt as condemned and suspect of -heresy, injurious to the honor of God and prejudicial to the Holy -Office.[1101] Parliamentary discussion had doubtless been warm and -freedom of debate and legislation was contrary to the principles of the -Holy Office. Possibly it was the unpleasant experience of the Suprema on -this occasion that led it to keep away from the Córtes of Monzon in -1537 and to order the inquisitors to do likewise or, if their duties -called them there, to keep silent. Thus, when the Córtes asked the -emperor to make the Inquisition obey the laws, he was able to promise -accordingly and then the Suprema could subsequently argue it away in a -consulta.[1102] - -The remedial decree of Prince Philip, in 1545, was limited to Castile, -and Aragon was coolly told that its customs were different. Abuses -continued unchecked and at the Córtes of Monzon, in 1547, a long series -of grievances was presented to the inquisitor-general, as though the -crown had ceased to be a factor. The bull _Pastoralis officii_, by which -Leo X had confirmed the Concordia of 1512, had limited the number of -familiars to ten permanent ones in Saragossa and ten temporary ones -elsewhere as needed, in place of which the number was between five -hundred and a thousand; the bull had prescribed that they should be -married men of good character, in place of which many were bandits and -homicides and of notoriously evil life; the bull had ordered dismissal -for officials and familiars who did not pay their debts or who engaged -in trade, whereas the fuero was held to cover debts contracted and -offences committed prior to appointment; when they became bankrupt they -took refuge with the tribunal and the creditors were unpaid; if they -were creditors of a bankrupt they seized all the assets and others got -nothing; men procured appointments in order to revenge themselves in -safety on their enemies; it was impossible to collect debts of them and -this protection was extended even to women. A woman who claimed that her -father had been a familiar was thus defended from her creditors; the -brother of a notary of the tribunal, who had committed an offence, -caused the aggrieved parties to be arrested and the inquisitors held -them until they were forced to a compromise. How little hope there was -of redress for all this is visible in the contemptuous indifference with -which Inquisitor-general Valdés answered the several articles. As to -bandits and homicides being made familiars, he said the Inquisition had -need of all kinds of officials for its various functions, and as to the -specific complaints the stereotyped answer was that any one deeming -himself aggrieved could appeal to the Suprema and get justice.[1103] - -The Concordia of 1553 was applicable to Castile alone and that of 1554 -to Valencia. Aragon remained without the slender alleviation provided -for in the latter, for the adjustments of 1512 and 1521 were treated as -non-existent. At the Córtes of 1563-4 the complaints were so vivacious -that, as we have seen, Philip promised investigation which resulted in -the Concordia of 1568. The formula for Aragon was virtually the same as -the combined Valencia Concordias of 1554 and 1568, the evils with which -the two kingdoms were afflicted being virtually the same. As usual, -familiars were the class that excited the bitterest hostility. Their -commissions were all to be called in and then sixty were to be appointed -for Saragossa, while the other towns were assigned from eight to one or -two according to population. Their character was to be closely -scrutinized and all bandits, homicides, criminals, powerful nobles, -frailes and clerics were to be excluded, and no one was to enjoy the -fuero whose name was not on lists presented to the magistrates. They -were to have, in criminal matters, the active and passive fuero but in -civil suits only the passive; it was the same with servants of -officials, while officials themselves had active and passive in both -civil and criminal. The utmost caution and moderation was prescribed in -the employment of inhibitions and excommunications of the royal judges, -and the royal alguazils were not to be arrested save in cases of grave -and notorious infraction of inquisitorial rights.[1104] - -[Sidenote: _ARAGON_] - -The Concordia did not bring concord. In 1571 there arose a bitter -dispute between the tribunal and the court of the Justicia, in which -excommunications were freely used and, in December, the Diputados -appealed to Pius V to evoke the case and remove the censures, but he -told them to go to the inquisitor-general. After the death of Pius, the -kingdom insisted with Gregory XIII and, in December, 1572, obtained from -him a brief committing the case to the Suprema or to Ponce de Leon the -new inquisitor-general, but, at the same time, he ordered that some -remedy be found to prevent the inquisitors from abusing the privileges -conceded to them by the canons and the popes.[1105] The next year, 1573, -formal complaints were made by the kingdom of infractions of the -Concordia and, by 1585, aggravation had reached a point that the Córtes -asked for a new concordia. Philip promised to send a person to Saragossa -to gather information as to grievances alleged against certain -inquisitors and officials, after which arrangements were made for the -drafting and acceptance or rejection of a new agreement, but there is no -trace of any resultant understanding.[1106] Quarrelling necessarily -continued with little intermission. In 1613 the removal of the name of -Juan Porquet, a familiar, from _insaculacion_, by the royal commissioner -of Tamarit, gave rise to a great disturbance which was long remembered -and, in 1619, there was a clash between the tribunal and the -captain-general, which caused much scandal, resulting in the governor -being summoned to Madrid, where he was kept for four years.[1107] - -Thus it went on until, in 1626, the Córtes were again assembled. It was -known that demands for relief would be made and the Suprema asked Philip -to submit to it whatever articles were proposed, in reply to which he -assured it that there should be no change to its prejudice, but that he -would procure its increase of privilege.[1108] The chief business of the -Córtes was the questions connected with the Inquisition. Philip was not -present and his representative, the Count of Monterrey, did not feel -empowered to grant the demands made. The only absolute action taken was -to adopt as a _fuero_ or law the Concordia of 1568, which hitherto had -only the authority of the orders of the king and inquisitor-general. As -regards reform, it was left to a commission, consisting on one side of -royal appointees and on the other of four delegates named by each of the -four _brazos_ or estates. The commission framed a series of fourteen -articles, by no means radical in their character, but Philip -procrastinated in confirming or rejecting them; the Suprema, in 1627, -appealed to Rome to withhold papal sanction and they were quietly -allowed to drop, on the pretext that the Concordia of 1568, now erected -into law, would suffice to prevent future grounds of complaint. How -futile this was is apparent from a conflict which occurred during the -sitting of the commission. The assessor of the governor, as was his -duty, entered the house of the secretary of the tribunal, _flagrante -delicto_, for a most treacherous murder attributed to him. Although his -obligation to do this was notorious, arrest of subordinates followed on -both sides and the indignant people were with difficulty restrained -from a tumult. The royal officials at once took steps to form a -competencia, in conformity with the Concordia which had just been -erected into a law; this required all proceedings to be suspended but -the inquisitors excommunicated the assessor, refusing to join in the -competencia because, as they asserted, the case was an evident one, thus -assuming that they could set aside all law by merely declaring that a -case was evident.[1109] - -[Sidenote: _ARAGON_] - -The Inquisition had never been restrained by the Concordia and now that -it had again baffled the Córtes it was still less inclined to submit to -restraint. Quarrels continued as virulent as before, a single example of -which will illustrate its invincible tendency to extend its jurisdiction -on all possible pretexts. Berenguer de San Vicente of Huesca, in 1534, -had founded in that city the College of Santiago and when, in 1538, the -municipality added an endowment of more than six thousand ducats, he -made the magistrates its patrons. In 1542 he procured from Charles V a -cédula, confirmed by the pope, making the inquisitors of Aragon visitors -or inspectors of the college, during the royal pleasure and so long as -they should perform their functions loyally and well. This supervisory -function they stretched in course of time to bring the college and all -its members under their jurisdiction, although in 1643 it was asserted -that the last visitation had been made in 1624. This power they -exercised in most arbitrary fashion. When an attempt was made to burn -the college and the town offered a reward for the detection of the -incendiary, they interposed with the threat of an interdict and -frightened the citizens into submission. In 1643 a pasquinade against -some of the inhabitants led to the prosecution of the rector of the -college, Dr. Juan Lorenzo Salas, who promptly procured letters from the -tribunal inhibiting further proceedings and demanding all the papers. -The patience of Huesca was exhausted. It declared its position to be -intolerable, for the students appealed to the fuero in all disputes with -the townsmen, and the result of the stimulus thus given to that -turbulent element was driving away the population and every one lived in -apprehension of some terrible event. To gain relief it applied to the -Audiencia for a competencia but was told that this was impossible, -whereupon it obtained from the court of the Justicia a _firma_ -prohibiting the inquisitors from acting; they refused to allow it to be -served when it was put on the gate of the Aljaferia with notice that if -answer was not made within thirty days it would be followed with exile -and seizure of temporalities. The Suprema ordered the inquisitors to -answer by excommunicating all concerned. Philip was then in Saragossa, -on his way to Catalonia to put himself at the head of his army, for the -disgrace of Olivares had forced him to govern as well as to reign, but -he was compelled to distract his thoughts with these miserable -squabbles. The Council of Aragon appealed to him to require the -inquisitors to show cause why they should not be deprived of the -visitation and to impose silence on all until he should reach a -decision; the Audiencia rendered an opinion that the court of the -Justicia could not refuse to issue the firma and, if the complainant -insisted on its service, it must be served if the whole power of the -kingdom had to be called upon. On the other hand the Suprema declared -that the service of the firma was unexampled and urged the king to -support the Inquisition in a matter on which depended the ruin or the -preservation of the monarchy, for it would be better to close the Holy -Office than to expose its jurisdiction to such disgrace, while in these -calamitous times favor shown to the Inquisition would placate God and -insure the success of his arms. Philip's reply was long and maundering, -irresolute between his reverence for the Inquisition and his fear of -alienating in his extremity the Aragonese by violating their most -cherished privileges. If Huesca would desist from the service of the -firma he would order the tribunal to form a competencia. Huesca, -however, was intractable; its very existence, it asserted, was at stake -and it begged the king not to interfere with the legal remedies to which -it had been forced and, in conveying this reply to the king, the Council -of Aragon warned him that it could not prevent Huesca from serving the -firma, as this would be a notorious violation of the law on the point -regarded by the kingdom as most essential. Yet, after all, the question -was evaded by the device of appointing as visitor of the college the -inquisitor Juan Llano de Valdés, who succeeded in reaching an agreement -with the city. It would seem that thereafter special visitors were -nominated for, in 1665, we hear of such an appointment issued to -Inquisitor Carlos del Hoya and it may be doubted whether Huesca gained -much.[1110] - -These disturbances mark the highest point reached by the Inquisition in -Aragon as regards its temporal jurisdiction. How little cause of -complaint it really had, and how Aragon, in spite of its sturdy -independence, had endured greater abuses than those permitted in -Castile, is evinced in a suggestion made by the Suprema, February 11, -1643, in response to a demand from the king to devise some new source of -raising money for the bankrupt treasury. This was that if he would grant -to the familiars of Castile the same privileges of active and passive -fuero enjoyed by those of Aragon, they would cheerfully contribute to a -considerable assessment, with the added advantage of diminishing the -competencias which caused so much trouble and loss of time.[1111] Such a -proposal affords the measure of the wrongs inflicted on society by those -who profited by their exemption from the secular courts, for even the -more limited privileges of the Castilian familiars rendered the position -one to be eagerly sought, in spite of the considerable cost of proving -the condition precedent of _limpieza_, or purity of blood. These evils -were vastly aggravated by the fact, as we shall see hereafter, that the -tribunals never regarded the limitation on numbers prescribed by the -Concordias, but filled the land with these privileged persons who, for -the most part, turned to the best account the protection of the Holy -Office. - -[Sidenote: _ARAGON_] - -That Aragon should be permanently restive under this adverse -discrimination was inevitable and the time had come when it could -dictate in place of supplicating. Since the Córtes of 1626 twenty years -elapsed before Philip found himself constrained to assemble them again. -The situation was desperate; the Catalan rebellion bade fair to end in -the permanent alienation of the Principality to France, and it was not -wise to impose too severe a strain on the loyalty of Aragon, when the -Córtes met September 20, 1645, for a session of fifteen months. In -preparation for the struggle, the Suprema presented to the king, -September 30th, an elaborately argued memorial in which it told him that -the calamities of the war should lead him to greater zeal in fortifying -the Inquisition with new graces and privileges, so as to win the favor -of God, whose cause they served and from whom alone was relief to be -expected. It was therefore asked that whatever demands on the subject -should be presented should be reserved for discussion with the -inquisitor-general and Suprema.[1112] Philip doubtless made the desired -promise, but the Aragonese had too often found their hopes frustrated in -this manner to submit to it again under existing circumstances. - -The Córtes lost no time in presenting their petition on the subject, -which asked for radical reform in all the Aragonese kingdoms. The -jurisdiction of the Inquisition was to be confined to cases of faith and -to civil and criminal actions between its officials. In certain mixed -cases, such as bigamy, unnatural crime, sorcery, solicitation and -censorship it should have jurisdiction cumulative with the appropriate -secular and spiritual courts. A number of minor points were added, -including a demand that all inquisitors and officials should be natives -and it was significantly stated that the petition was presented thus -early in order that it might be granted, so that the Córtes could -proceed more heartily with the servicio that was asked for. This paper -was submitted to the Suprema which replied in a long consulta, March 31, -1646, arguing that the Inquisition had been introduced into Aragon -without law and was independent of all law. It proceeded to demonstrate, -as we have seen (p. 345), that its temporal jurisdiction was inalienable -and that the Concordias were compacts which could not be modified -without its consent. The officials were so abhorred that it would be -impossible for them to perform their duties if they were not thus -protected. If the Córtes should stubbornly insist, the king was urged, -like Charles V in 1518, to remember his soul and his conscience, and to -prefer the loss of part of his dominions rather than consent to anything -contrary to the honor of God and the authority of the Inquisition.[1113] - -The policy of the Suprema was to carry the war into Africa, and it -followed this manifesto with another demanding that the court of the -Justicia should be prohibited from issuing firmas and manifestaciones in -cases concerning the Inquisition. Both sides asked for more than they -expected to get and, when the Córtes answered these papers, June 20th, -after numerous citations to disprove the arguments of the Suprema and an -exposition of the hardships caused by the existing system, they opened -the way to a compromise by pointing out that Castile for nearly a -hundred years had enjoyed what Aragon had vainly prayed for, and -concluded by suggesting that the best settlement would be to confer on -Aragon the Concordia of Castile which had been thoroughly discussed by -lawyers and its practical working determined and understood.[1114] - -Finally the demands of the Córtes were formulated in a series of -twenty-seven articles, which were prudently declared to be law, whether -confirmed or not by the inquisitor-general. Of these the essential ones -deprived familiars of the active and passive fuero in civil suits, of -the active in criminal cases, and excepted certain specified crimes in -the passive. Servants of salaried officials were put on the same footing -in criminal matters. The number of both familiars and salaried officials -was limited to four hundred and fifty in the whole kingdom and those who -held office were deprived of the fuero for official malfeasance; in -cases not of faith the use of torture was prohibited as well as -confinement in the secret prison; all cases, whether civil or criminal, -were to be concluded within two years; fraudulent alienation of property -to officials, so as to place it under the fuero, was declared invalid; -all persons or bodies, in case of violation of these provisions, had the -right to avail themselves of all remedies known to the laws of the land, -while to the tribunal was reserved the power to employ censures and -other legal processes. A concession was made by granting to both -officials and familiars the right of asylum in their houses, relief from -billeting, exemption from arrest for debt, capacity to hold office and -freedom from tolls, ferriages, etc. In return for this the Córtes were -liberal with the servicio, agreeing to keep in the field two thousand -foot and five hundred horse for four years, paying them two reales a -day, while the king should find them in food, arms and horses.[1115] - -[Sidenote: _ARAGON_] - -In these conditions there was nothing affecting the faith or restricting -the persecution of heresy; nothing save a prudent regard for the peace -and protection of society from the intolerable burden of gangs of -virtual bandits clothed in inviolability. Yet Philip resisted to the -last extremity these reasonable concessions, which merely placed Aragon -on the same footing as Castile. We are told that he declared that he -cherished the Inquisition as the apple of his eye and that he exhausted -every means to preserve its privileges. He offered to concede everything -else that was asked; he endeavored to win the Aragonese by bribing them -with royal grants and graces, of which three hundred and sixty were -published in a single day, with the names of the recipients, but -nothing could overcome the hatred felt for the Holy Office and the -_brazos_ were immovable. In his perplexity he appealed to his usual -counsellor, the mystic Sor María de Agreda, affirming his determination -to uphold the Inquisition, and he must have been surprised when that -clear-sighted woman advised him to compromise, for a quarrel with Aragon -might turn it to the side of Catalonia and lead to the permanent -disruption of the monarchy. Even this failed to move him. He endeavored -to depart for Madrid, but deputation after deputation was sent to the -convent of Santa Engracia where he was lodged, insisting on his -confirmation of the articles and detaining him for two or three days -while his coach stood ready at the gate, until at last he yielded, -seeing that there was no alternative. The writer who records this adds -that the people rejoiced and since then in Aragon, where the Inquisition -had stood higher than elsewhere, for an inquisitor was regarded with -more reverence than an archbishop or a viceroy, it has so fallen in -estimation that some say that all is over with it. The officials and -familiars feel this every day in the withdrawal of their privileges and -exemptions, and it is palpable that in all that does not concern the -faith, the ancient powers of the tribunal of Aragon are -prostrated.[1116] - -It was not long before the sullen yielding of the Inquisition to the -changed situation was manifested in a case which did not tend to restore -it to reverence. Inquisitor Lazaeta was involved in an intrigue with a -married woman of San Anton, whose husband, a Catalan named Miguel -Choved, grew suspicious and pretended to take a journey. Lazaeta fell -into the trap. October 27, 1647, he went to the house at nightfall, -leaving his coach in hiding behind the shambles; the coachman waited for -him in vain, for the injured husband had entered by a side-door and -given him a sword-thrust of which he died in the street, while stumbling -forward in search of his coach. The woman escaped and Choved -disappeared, but some demonstration was necessary and the tribunal -arrested one Francisco Arnal as an accessory. The court of the Justicia -issued a manifestacion in his favor, when the inquisitors complained of -the interference with their functions of such orders and that the -tribunal could not be maintained if they were to be banished and their -temporalities be seized whenever they judged that a case was not -comprehended within the fueros. To this the Council of Aragon replied -that the court of the Justicia always acted with great caution and that, -in the present case, Arnal had renounced the manifestacion and had been -returned to the tribunal, which had found him innocent and had -discharged him. The Suprema insisted that it would be better to remove -the tribunal from Aragon than to have it subjected to such insults, to -which the Council rejoined that there was no admission of firmas and -manifestaciones except in matters not of faith; if the inquisitors would -keep within their just limits, such troubles would be avoided, while, if -they exceeded them, the kingdom must avail itself of the remedies -provided by the laws.[1117] Now in this case the tribunal was strictly -within its rights under the Concordia and its abstention from -excommunication and interdict indicates how thoroughly it was humbled. - -Another grievance of the Inquisition shows how completely the tables -were turned. September 23, 1648, the Suprema represented in a consulta -that the tribunal had been notified to reduce the number of its -officials and familiars to the prescribed four hundred and fifty, which -had not been done under the plea that the number was insufficient, that -the Concordia did not order the dismissal of the overplus and that the -incumbents could not be deprived of their rights. Still there was little -doubt that persistent refusal would lead the Diputados to obtain a firma -compelling a selection and until this was done no familiar would be -allowed to enjoy their privileges--in fact a number of towns had already -assumed this position and others were taking steps to obtain firmas. The -Suprema endeavored to show the illegality of this on the ground that the -Concordia of 1646 was not valid in the absence of confirmation by the -inquisitor-general. Philip submitted this to the Council of Aragon and -merely transmitted its answer, in non-committal fashion, to the Suprema -for its information. This took the ground that only the secular and -royal jurisdiction was concerned; the king had confirmed the laws which -provided that the acquiescence of the inquisitor-general was -unnecessary; if parties were aggrieved they could apply to the court of -the Justicia.[1118] - -[Sidenote: _ARAGON_] - -Under these conditions, the laws of 1646, by restricting the tribunal -to its proper functions, were a severe blow to its predominance, -diminishing the terror which it inspired and affecting in some degree -its finances. The continual suits brought before it had afforded a rich -harvest of fees for its officials and the fines imposed had been a -resource to its treasury. All this fell off greatly and, in 1649, the -Suprema reminded Philip that, in 1646, it had predicted this result and -he had promised indemnification by a fixed income to be paid by Aragon -or by the royal treasury; although it did not regard the laws as binding -in the absence of confirmation by the inquisitor-general, and had -resisted their execution in every way, still they were executed and the -officials were suffering keenly from their diminished fees, wherefore it -asked the king to grant to the four notaries and messengers eight -hundred ducats a year out of the fund for the Catalan refugees. This -demand, and the impudent assertion of the nullity of the laws which he -had approved, provoked Philip into one of his rare assertions of -kingship. The Catalan fund, he replied, could not be touched; he would -listen to other suggestions for the relief of the incumbents but not of -their successors; he was master of the secular jurisdiction granted to -the Inquisition for his service and could make laws and abrogate them at -his pleasure.[1119] - -Philip had learned a lesson and the laws of 1646 were duly executed. -When, in 1677, there was another convocation of the Córtes of Aragon, -the Suprema, in a suppliant tone contrasting strongly with its former -arrogance, begged Carlos II to influence them to condescend to a -modification. It gave a most dolorous account of the condition of the -Saragossa tribunal resulting from that legislation. It forebore to -discuss whether the officials had given just cause of complaint, but the -total destruction of the Inquisition was curing one malady by -introducing a worse one, and the Inquisition of Aragon had been -destroyed. The number of officials was reduced below that at the time of -its foundation, and its poverty was so great that wages were unpaid and -the tribunal would probably have to be abandoned. The treasurer was -compelled to collect its income and debts through the court of the -Justicia, where it was impossible for him to carry on so many suits, so -that only those paid whose consciences compelled them. The reduction of -the officials impeded its usefulness; possibly there were fewer culprits -but certainly there were fewer convictions--less in Aragon than in the -other provinces--and a single one who escaped correction was a matter -of greater consequence to God than the enjoyment of the fuero by five -hundred persons. It was impossible to fill the allotted number of -familiars, for the fuero in criminal matters left to them was rather a -disadvantage, for they died in prison owing to the interminable delays -in settling the numerous competencias, while other defendants were -released on bail. At the same time the deprivation of the active fuero -exposed them to the effects of the general hatred felt for them. It was -inconceivable that, in so pious a nation, this hatred could be caused by -their functions, but its existence was a matter of experience and, in -the absence of protection, the risks to which it exposed them prevented -men from seeking the position. The Inquisition did not desire -jurisdiction, but it could not exist without revenue and officials, and -it therefore prayed the king that proper measures of relief be discussed -in the Córtes, or a junta could be formed from both parties and a new -Concordia be framed. Even allowing for customary exaggeration, this -paper shows how greatly the Inquisition had outgrown the functions for -which it had been imposed upon the people. - -The concessions asked for were singularly moderate--that the treasurer -should not be required to make collections through the court of the -Justicia, that more familiars be allowed--though it had just been said -that they could not be had--that they be admitted to bail during -competencias, and a timid suggestion respecting the firma and -manifestacion. The time, however, was not propitious even for demands so -modest. The youthful Carlos II had just relegated his mother to a -convent and her favorite Valenzuela to the Philippines; all power was in -the hands of Don Juan of Austria, who held the inquisitor-general -Valladares to be his personal enemy. The appeal of the Suprema was -received unsympathetically and it seems to have gained nothing. That the -Aragonese were content with the situation appears from the fact that the -only complaint made by the Córtes regarded the non-observance of a law -of 1646 prescribing the number of natives to be employed by the -tribunal, and this arose merely from greed of office, for they suggested -that, for each foreigner appointed in Aragon, an Aragonese should have a -corresponding berth in a tribunal elsewhere.[1120] - -[Sidenote: _CATALONIA_] - -The legislation of 1646 remained a finality. As late as 1741 the Suprema -remonstrated against the Audiencia of Saragossa for impeding the -jurisdiction of the tribunal by employing the firma, which, with -customary disingenuousness, it characterized as an innovation.[1121] - - * * * * * - -Catalonia was as intractable as Aragon, while its more pronounced spirit -of independence rendered it particularly troublesome. Although it lacked -the institution of the Justicia, it had a somewhat imperfect substitute -in the Banch Reyal, or King's Bench, which was used in the appeals _por -via de fuerza_ from the spiritual courts. The Audiencia summoned the -ecclesiastical judge before it and his disregard of the summons was -followed by a decree of banishment and seizure of temporalities. The -inquisitors denied their liability to this, the Catalans asserted it, -and the endeavor to enforce it was a serious cause of quarrel. It was -not without influence, for a memorial, in 1632, from the inquisitors -complains that the Duke of Maqueda, when viceroy in 1592, had employed -it against the tribunal, since when the veneration felt for the latter -had greatly declined, and a complaint of the Catalan authorities to -Carlos II, in 1695, describes it as the sole refuge and protection of -the people from the oppression of the inquisitors and ecclesiastical -judges.[1122] - -We have already seen the Concordia reached in 1512, abolishing most of -the then existing abuses; how it was sworn to by king, -inquisitor-general and inquisitors, and how a similar oath was to be -taken by all future inquisitors; how Leo X obligingly released them all -from their oaths; how Ferdinand, just before his death, accepted the -conditions, in December, 1515, and the complaisant pontiff, in the bull -_Pastoralis officii_, confirmed them, and how Barcelona, in return, -bound itself to a yearly subvention of six hundred ducats. It is well to -recall these facts in view of the bare-faced denials with which -subsequently the Catalan complaints of non-observance were persistently -met. Even while the papal dispensation from the oaths was still in -force, the Instructions issued by Inquisitor-general Mercader, in 1514, -prescribed rules which, if observed, would have removed the leading -causes of complaint. Any official or familiar committing a crime -deserving of corporal punishment was to be denounced to him, when he -would dismiss the culprit and punish the inquisitor who tolerated it. -The civil suits of officials were to be brought in the court of the -defendant; if the official was plaintiff, all proceedings before an -inquisitor were pronounced invalid and both official and inquisitor were -to be punished; even when both parties to a contract agreed to accept -the forum of the tribunal, inquisitors were forbidden, under pain of -punishment, to entertain the case. Secular officials could arrest -familiars caught in the act. Officials were forbidden to engage in -trade, even through third parties, and were deprived of the fuero for -all matters thence arising, and similarly if they purchased claims -subject to suits, nor could they employ other officials to collect debts -connected with their private estates.[1123] Although these Instructions -were in force for only a year or two, they have interest as manifesting -Ferdinand's purpose that the Holy Office should not be distracted from -its legitimate functions or be used to oppress his subjects or to -minister to private greed. He could, at the same time, believe that it -required special privileges, for it did not as yet inspire awe in so -turbulent a population. In that same year, 1514, at Lérida, the -inquisitor Canon Antist was besieged in his house and the assailants -were with difficulty beaten off, after which they defiantly walked the -streets, uttering challenges to his defenders.[1124] - -A further victory was gained by the Catalans at the Córtes of Monzon in -1520, when, on December 28th, Cardinal Adrian, in the most solemn -manner, not only swore to observe the articles of 1512 but presented for -attestation a document from Queen Juana and Charles V, promising -investigation and redress of charges brought against certain officials, -and enacting that, to prevent such abuses for the future, all offences -disconnected with the faith, committed by officials, should be tried by -the ordinary courts, thus depriving them of the much-prized criminal -passive fuero. This, too, Adrian swore to observe when the necessary -papal confirmation should be obtained--a confirmation which the -Inquisition probably had sufficient influence to prevent, as there -appears to be no further trace of it.[1125] - -[Sidenote: _CATALONIA_] - -The articles of 1512 thus were a compact in which the Catalans, the -king, the Inquisition and the pope all joined in the most solemn -manner, pledging all future inquisitors to swear to them. For a while -this latter clause was observed. Fernando Loazes, who was inquisitor of -Barcelona for twenty years from about 1533, took the oath, but he was -promptly involved in a quarrel with the magistrates in which Juan de -Cardona, Bishop-elect of Barcelona, was induced, as papal commissioner, -to prosecute him for perjury, and after that no inquisitor took the -oath.[1126] In this they were wise for they emancipated themselves -completely from the Concordia. The Córtes of 1547 complained of the -inordinate multiplication of familiars, over the thirty allowed by it, -and of the neglect to furnish lists or other means for their -identification, together with other infractions, but Prince Philip -replied that he would consult the Suprema and would reach appropriate -conclusions, which of course ended the matter.[1127] How completely the -provisions of the Concordia were ignored is manifest in 1551, when -Catalina Murciana asked relief in the veguer's court from suits brought -against her in the Inquisition by the fiscal, the Abbot of Besalú, when -she was entitled to her own court. On refusal of redress by the -inquisitor, Juan Arias, a monitorio was obtained from the Banch Reyal, -whereupon Arias threw the officials of the veguer's court into prison -and kept them there. The matter was carried up to the Royal Councils -with the result that the judges of the Audiencia were ordered to erase -all record of the affair from their dockets and appear in person before -the inquisitor to report to him that it was duly expunged.[1128] - -Thus supported by the monarch, the tribunal exercised its powers at -discretion without regard to compacts. The report, in 1561, by -Inquisitor Gaspar Cervantes of the visitation which he had just -completed, describes the disorders which had long reigned in all -departments. The last visitation had been made in 1550 and its -recommendations had been wholly ignored. It had ordered a reduction in -the number of familiars and that lists of them be sent to the Suprema, -which had not been done; in fact the tribunal itself had kept no correct -register; it had a hundred and eight names recorded for Barcelona, but -when they were ordered to present their papers under penalty of being -dropped, only sixty-eight of these came forward, while there were -thirty-one who were not registered. The number, he said, should be -reduced and more care be exercised in the selection; many of the laymen -were bandits and the clerics were men of bad character, who sought the -office to obtain exemption from their prelates. All this resulted in so -much secular business that it seemed to be the real duty of the tribunal -and that nothing else was attended to--in fact there was so little to do -in matters of faith that the inquisitors could well be spared from -Barcelona and employ themselves in visiting their district. All this is -explicable by the exorbitance of the fees charged, about which there was -much complaint. There was no authorized fee-bill. In civil cases the -inquisitors charged from two and a half to ten per cent. on the amount -at issue, depending on its magnitude, with a maximum of seventy-five -libras; in criminal cases they received nothing but had the opportunity -of inflicting fines. The officials had fees for every act, drawing and -copying papers, serving notices, summoning witnesses, levying -executions, etc., etc., and there was a standing quarrel between the -notaries of the three departments--of the _secreto_, or tribunal of -faith, of sequestrations and of the juzgado, or court of -confiscations--as to which should have the business.[1129] - -[Sidenote: _CATALONIA_] - -That the Córtes of Monzon, in 1563-4, should protest energetically -against these abuses was natural. Indeed, a Catalan named Gaspar -Mercader carried the protest so far as to say, among other odious -things, that the Inquisition had been introduced only for a limited time -which had expired and that it should be abolished, for which the -tribunal arrested, tried and punished him.[1130] In spite of this -interference with the freedom of debate, the general disaffection, as we -have seen, led to the visitation of de Soto Salazar. In Barcelona he -found that not the slightest attention had been paid to the orders of -the Suprema based on the report of Cervantes. Advocates, familiars and -commissioners continued to be appointed in profusion, without -investigation as to fitness. When an inquisitor visited his district he -carried with him blank commissions which he distributed at will. All -these, with their families, were protected and defended by the tribunal -in civil and criminal cases, nor was this all, for it would seem that -any one who claimed the fuero, whether he was entitled to it or not, was -admitted and, in the absence of lists filed with the magistrates, the -latter had no means of resisting the arrogant and peremptory demand of -the tribunal to surrender cases. Instances were given which showed that -the tribunal was a court where justice--or rather injustice--was bought -and sold and there had been no reform in the excessive fees which had -scandalized Cervantes.[1131] - -That it should be hated was inevitable. In 1566, Govilla, Bishop of -Elna, defending himself for acts committed when he was inquisitor of -Barcelona, declared that the Inquisition was even more odious in -Catalonia than elsewhere.[1132] This hatred sometimes expressed itself -more forcibly than by complaints. In 1567, the evocation of a case, -which the local authorities claimed as their own, led to the fiercest -excitement which the viceroy fruitlessly sought to allay and appealed to -Philip II for his immediate interposition. Disregarding the inviolable -secrecy of the Inquisition, the Diputados, with the veguer, forced their -way into the palace, penetrated to the audience-chamber where the -inquisitors were trying a case, and inventoried and sequestrated -everything, even to the private property of the Inquisitor Padilla in -his apartments--apparently a seizure of temporalities under an order of -the Banch Reyal. Even more flagrant was the insult committed when the -messenger and the secretary were conveying from Perpignan to Barcelona -two government officials accused of impeding the Inquisition and also a -prisoner under a charge of heresy. Near Gerona, one of the Diputados, at -the head of an armed band, seized the whole party and carried them back -to Perpignan, where they were paraded through the streets with blare of -trumpets, as though criminals on the way to execution, and were then -cast into prison, where they lay until discharged without accusation. -This was a most serious assault on the dignity of the Holy Office and -even worse was permitting the escape of the heretic, but it was obliged -to submit without vindicating its authority.[1133] - -Such being the temper of the Catalans and such the provocation to meet -lawlessness with lawlessness, it is not surprising that, when the -Concordia of 1568 was prepared for the three kingdoms, Catalonia would -have none of it. When, in September, it was submitted to the Diputados, -they were incensed and proposed to send envoys to the king to -remonstrate against it. There was a universal outcry that it was -contrary to the constitution and privileges of the land; they would -observe it in so far as it was in their favor, but as to the rest they -were ready to lose life, property and children rather than to submit to -it. In February, 1569, the inquisitors wrote that the people would not -be content until they had driven the Inquisition from the land; as for -themselves they proposed to go on as they had previously done until the -Concordia should be accepted, to which the Suprema cordially -assented.[1134] - -[Sidenote: _CATALONIA_] - -This attitude of mutual defiance was not conducive to peace. In 1570, -there arose a quarrel so bitter that the Diputados invoked the -protection and interposition of Pius V, and he urged Philip II to come -to some understanding with them, in view of possible serious -consequences. Philip took the position that they were so excited and so -obstinate that any concessions would lead only to further demands, but -he asked the pope to dismiss the envoys, referring them to him with -recommendation for favorable consideration, so that anything that he -might yield would be to the Holy See and not to recalcitrant subjects. -The situation was critical; the rebellion of Granada was exhausting his -resources, there was acute apprehension of attack by a Turkish fleet and -the Catalans were soon afterwards called upon to contribute to the -defence of the coasts, but if any concessions were enforced on the -Inquisition they have left no traces. In fact, the Venetian envoy, -Leonardo Donato, in his relation of 1573, states that, after the -Catalans had spent a hundred thousand ducats in these efforts, the -Inquisition imprisoned those who had been most active in the matter and -that they subsequently refused to leave the prison without a formal -declaration that they had not been arrested for heresy.[1135] Dissension -naturally continued. In 1572 we hear of a demand from the Diputados that -the inquisitors should show them their commissions and take an oath to -obey the constitution of Catalonia, because they held rents on the -Diputacion; the inquisitors acceded to the first of these and were -rebuked by the Suprema because it was a demand that had been -persistently refused before and they must not do it again. Then, in -1574, there came a complaint from all the cities that familiars refused -obedience to the local laws respecting prices, pasturage and other -matters as required under the Concordia, to which the Suprema -superciliously replied by instructing the inquisitors that, as the -people had rejected the Concordia, they need not observe it.[1136] Then, -in 1585, as we have seen (p. 416) the Córtes obtained an advantage in -excluding familiars and officials from public offices. - -In this spirit of undisguised hostility both sides were aligned for a -decisive struggle in the Córtes of 1599, under the new royalty of the -youthful Philip III. As the Catalan efforts failed and the Inquisition -was left in possession of its usurped powers, the details of the contest -have no interest except as an exhibition of shameless duplicity, by -which the king tricked his vassals. They hoped to win favor by a -subsidio of a million libras to the king and a hundred thousand to his -bride, besides shrewdly granting ten thousand to the Marquis of Denia -(soon to become Duke of Lerma) and six thousand to the Vice-chancellor -of Aragon,[1137] but they reaped nothing but deceit. Long discussions -resulted in a series of articles, divided into two categories, to one of -which Philip gave unqualified assent and to the other his assent as far -as concerned himself, with a promise to procure that of the -inquisitor-general and pope. It was proposed to withhold the pension of -six hundred libras granted in 1520, if the papal confirmation were not -procured within a year, but Philip declared that no such guarantee was -necessary, for the letters which he had ordered to be written to the -pope were so strong that no influence could counteract them. His -despatches to his ambassador were sent through the Diputados in order to -satisfy them, but they assuredly were not allowed to see others which -instructed the ambassador to be circumspect in urging the matter. He -also sent word to the inquisitor-general that the delivery of these -despatches had been delayed in order to give him time to express his -views. The Suprema, in appealing to Clement VIII to withhold -confirmation, did not hesitate to say that Philip had endeavored to -escape under cover of the inquisitor-general and pope and had finally -signed only in so far as concerned himself. Indeed, in a subsequent -official paper, it was unblushingly asserted that he had done so only to -get rid of the Catalans. Under these influences it is needless to say -that the confirmation never came and the subsidio was the only -practical result of the labors of the Córtes.[1138] - -One of the articles required the execution of the Concordia of 1520, -which embraced that of 1512, the fulfilment of which the Catalans had -never ceased to demand, and the manner in which these solemn compacts -were argued away is instructive. In 1566, Govilla, Bishop of Elna, who -had been inquisitor of Barcelona, calmly asserted that the articles of -1512 had been revoked as prejudicial to the free exercise of the -Inquisition. The Suprema, in urging Clement VIII to refuse confirmation -of the new Concordia of 1599, argued that the transactions of 1512 and -1520 were invalid through simony, as the Córtes had obtained the assent -of Ferdinand in 1516 (_sic_) and of Charles in 1520 by conditioning -subsidios on it. Leo's bull of condemnation in 1513 was relied upon and -that of confirmation in 1516 was dismissed as obreptitious and -surreptitious. So Cardinal Adrian's action in 1520 was represented as -conditional on confirmation by the Holy See, and as in no way binding on -the Inquisition. So, in 1632, the Barcelona tribunal drew up a statement -to be laid before Philip IV by the Suprema, adroitly mixing up the -affairs of Aragon and Catalonia and telling him that the Córtes of 1518 -demanded the revival of the articles of 1512, that Charles refused to -swear to them, that Juan Prat interpolated others, for which he was -imprisoned and that the effort failed. In transmitting this the Suprema -added that the fact that the Córtes never ceased to demand the -enforcement of the articles showed that they had never been -observed.[1139] From first to last it was a history of deception, in -which kings conspired with inquisitors to betray their subjects, without -even the excuse that the faith was concerned in these details of secular -jurisdiction. - -[Sidenote: _CATALONIA_] - -The Catalan temper was not soothed by the disappointment of 1599, and -the refusal of redress prompted resort to forcible measures. There was a -contest in 1608 in which the Banch Reyal uttered a sentence of -banishment against the inquisitors; a vessel was made ready for their -deportation but, when the day came, they barred their door and hung over -it a portière of black velvet to which was attached a crucifix. The city -showed its piety by placing candles in front of the sacred emblem and -the chapter sent priests to pray before it. No one ventured to disturb -it; the Diputados, the chapter and the city authorities interposed, and -an accommodation was reached.[1140] A more savage quarrel arose, in -1611, in consequence of the veguer disarming the coachman of an -inquisitor. The city authorities seized the temporalities, laid siege to -the palace of the Inquisition, sentenced the inquisitors to banishment -and proclaimed it with trumpets through the streets. This they justified -to the king by telling him that the Holy Office had been instituted for -a limited term which had expired, so that it should be abolished in -Catalonia and the cognizance of matters of faith be restored to the -episcopal courts, all of which, we are told, gave his majesty much -concern.[1141] - -Mutual detestation did not diminish and, when the Córtes of 1626 were -approaching, the inquisitors anxiously urged the Suprema to impress upon -the king that the peace and preservation of Catalonia depended upon the -maintenance of their temporal jurisdiction. The deputies, they said, -were holding daily juntas and accumulating stores of documents from the -archives, asserting that the time had expired for which the Inquisition -was instituted, and if they accomplish their intention they will destroy -it wholly. That they were really alarmed is visible in their asking the -Suprema to secure some compromise. The Suprema duly represented the -danger to Philip IV, who in reply gave assurance that no prejudicial -change would be approved, for his unceasing desire was to promote the -exaltation of the Inquisition. After the Córtes had assembled, the -tribunal reported, June 27th, that they had drawn up a series of -articles effectually disabling the jurisdiction of the Inquisition and -that they declare that they will not vote a subsidio until the king -shall have confirmed them. The articles deemed so obnoxious scarce -amounted to more than the Concordia of Castile so long in force, save -provisions that the inquisitors should be Catalans and should take an -oath to obey the laws, and that disputes of jurisdiction should be -settled by a junta consisting of an inquisitor, a judge of the Audiencia -and the Bishop of Barcelona. Moderate as they were, Philip kept his -promise and referred them, September 23d, to Diego de Guzman, Archbishop -of Seville, acting head of the Suprema in the vacancy of the -inquisitor-generalship, so that, on the adjournment of the Córtes, the -whole matter remained suspended.[1142] - -An attempt at compromise was made in what was known as the Concordia of -Cardinal Zapata, arranged, December 24, 1630, between him as -inquisitor-general and the Council of Aragon. This made no substantial -change in the jurisdiction of the Inquisition but was directed chiefly -to restraining the misuse of excommunication on the one side and the -recourse to the Banch Reyal on the other, by providing that all disputed -cases should be settled by competencias conducted according to the -received form of procedure, under penalty for a first offence of five -hundred ducats on the tribunal refusing, and suspension from office for -a second. This left untouched the roots of trouble and accomplished -little, in consequence, it is said, of the delays and evasions of the -inquisitors, and frequent recourse continued to the Banch Reyal, -especially by creditors.[1143] - -[Sidenote: _CATALONIA_] - -The Córtes of 1626 had not been dissolved and they met again in 1632 to -conclude their unfinished business. As usual, the tribunal and the -Suprema prepared for the struggle by earnest appeals to Philip, who -responded with assurances of special care in all that concerned the -Inquisition. The Suprema had the hardihood to tell him that the -Concordia of 1512, on which the Catalans based their claims, had never -been confirmed, but it was within the truth when it said that it had -never been observed. It declared moreover that the articles framed by -the Córtes would so prostrate the tribunal that it would have to cease -its functions. A memorial by the secretary of the tribunal, Miguel -Rodríguez, gives a deplorable account of the social condition of -Catalonia, where the barons and gentlemen, the cities and church -foundations, he says, possessed excessive powers and where the bishops -were also barons. The hostility of the nobles and cities to the -familiars was manifested by the daily murders committed on them and -their children and the burning of their houses. But for the protection -of the Inquisition they would be exterminated, for its jurisdiction was -the only one respected. Fathers endured the murder of their sons, sons -that of their fathers and wives that of their husbands, for fear of -greater evils and, in addition to this, was the turbulent temper of the -population. The viceroys had nominal power, but it was exercised only on -the common folk and not on the powerful, whom no one dared to accuse or -to bear witness against. All this busy preparation was superfluous; the -Córtes were dissolved without gaining their object.[1144] - -The Inquisition, as usual, had triumphed, but peace was impossible -between the incompatible claims of rival jurisdictions. In 1637 the -Suprema complained of the continuous series of troubles and of the -disregard of the Concordia of Zapata. This time the offender was the -viceroy, the powerful Duke of Cardona, who had imprisoned a familiar for -carrying a pistol and refusing to surrender it, and had arrested two -servants of the receiver, fining one and discharging the other. When the -tribunal sent to him a priest bearing a monitorio with excommunication, -he shut the priest up, _incomunicado_, in a room of the palace. Then he -invited to dinner the fiscal of the tribunal and shut him up likewise. -He ordered the inquisitor to withdraw the excommunication and, on his -refusal, he pronounced sentence of banishment, posted four hundred men -around the Inquisition and made ready a vessel to carry him to Majorca. -The inquisitor assembled five bishops who declared that Cardona had -incurred the excommunication of the bull _Si de protegendis_ and the -inquisitor so declared him, though for the avoidance of scandal he -forbore to publish it. Under the intervention of the bishops the -sentences of banishment and excommunication were mutually withdrawn, and -the viceroy released the priest and fiscal, boasting that he had carried -his point. Thereupon the Suprema asked the king to execute on Cardona -the penalties of the Concordia of Zapata and greater ones in view of his -unprecedented acts and also that the _ipso facto_ censures of the canon -_Si quis suadente_ and the bull _Si de protegendis_ be published in -order that he might seek the salvation of his soul. To this the weary -king could only reply by deprecating these unseemly quarrels and -ordering that viceroys should not try the cases of familiars--Cardona -apparently having undertaken to do this only because there was no other -authority that ventured to do so, although the offence was one which -forfeited the fuero.[1145] Soon after this, in 1639, a still more -serious trouble broke out in Tortosa, in which the magistrates were -involved and the people rose against the Inquisition, but while this was -in progress the Catalan rebellion broke out and prudence counselled -abstention from severe measures of repression.[1146] - -Whatever share the Inquisition may have had in stimulating the -disaffection that led to the rebellion, the unredressed grievances which -so excited the Córtes nowhere appear on the surface. The proximate -cause, as has been stated above, was the burning of the churches of -Montiró and Rio de Arenas by the Neapolitan troops quartered on the -people; some consecrated hosts were found reduced to coals and the -peasants, who had suffered from the outrages of the unpaid soldiery, -rose in arms, cut them off in detail, styled themselves the Exercit -Christiá and bore on their banners the Venerable Sacrament, with the -legend "Senor judicau vostra causa" and claimed that their object was to -protect the people and defend the Catholic faith. In fact, the -Inquisition was invited to prosecute the guilty authors of the sacrilege -and undertook to do so, but of course the culprits could not be -identified and it was reduced to excommunicating them in bulk. It was -against the representatives of the king that the initial riots of June 7 -and 8, 1640, were directed, when the judges of the royal Audiencia and -the Viceroy, the Count of Santa Coloma, were murdered. The inquisitors -at once proffered their services to the Diputados and, at the request of -the latter, they wrote to the king and inquisitor-general praising the -efforts of the Diputados to preserve peace, not knowing that for months -they had been organizing the rebellion in correspondence with France. -When too, in September, a tax was laid to put the land in a state of -defence, the assent of the tribunal was asked as to levying it on -familiars.[1147] - -[Sidenote: _CATALONIA_] - -There was thus no open hostility towards the Inquisition, but, at the -same time, there was no respect for its inviolability. When the mob rose -again on Christmas day, to put to death all Castilians, there was a -report that two thousand of them were concealed in the Inquisition. Led -by a coachman of one of the inquisitors, the people broke into the -Inquisition, maltreated the officials, hanged some of them, emptied the -money chests and found in the secret prison a solitary Castilian on -trial for heresy. Him they carried to the town-council who returned him -to the tribunal and garroted the coachman.[1148] - -When, on January 23, 1641, terms of submission to France were concluded, -the Inquisition was provided for. Having cut loose from Spain, it was -impossible to permit the tribunal to remain subject to the Suprema in -Madrid, and the clause respecting it was that all inquisitors and -officials should be Catalans, jurisdiction should be restricted to -matters of faith, and it should be directly under the Roman Congregation -of the Holy Office.[1149] Still the inquisitors remained at their posts; -for five months they had had no word from the Suprema; they expected to -be called upon to take the oath of allegiance to King Louis and they -sent their secretary, Juan de Eraso, to Madrid for instructions, -suggesting that they had better move to Tarragona or Tortosa. Philip -ordered them to remain and they resolutely obeyed, but the situation -grew constantly worse and, on November 7th, they made another appeal, -representing their danger, their destitution, their inability to perform -their functions, and their expectation that they would be forced to kiss -the hands of the Marshal de Brézé, the approaching French governor. This -was confirmed by Don Antonio de Aragon, who had just returned from -Barcelona; on two occasions the mob had set fire to the Inquisition and -heresy was rampant, for many of the French troops were Calvinists and -Calvinism was openly preached. The Suprema characteristically debated -the question under four heads--Shall the Inquisition be removed to -Tarragona or Tortosa? Shall the inquisitors kiss the hands of the French -governor? Does their lack of means to prosecute relieve them from -prosecuting native or French heretics? Shall testimony against such -heretics be taken in Madrid and action be based on it? After elaborate -discussion the fourth question was decided in the affirmative and the -other three in the negative. Juan de Mañozca was appointed to gather -testimony in Madrid, and the inquisitors were told to stand their ground -and do their duty, using censures and interdict if necessary. If driven -from the town, they were to carry with them the records so as to be able -to work elsewhere.[1150] - -One of the inquisitors, Dr. Cotoner, had left Barcelona for his home in -Majorca. The other two, with most of the officials, stood to their post -and, in August, 1643, they were called upon to utter fearful curses on -unknown parties supposed to have committed a sacrilegious theft of -consecrated hosts.[1151] Towards the end of September, however, they -were expelled, to give place to a native tribunal, and it was done with -a refinement of cruelty. There were ten in all--seven subordinates and -the son of one of them, besides the two inquisitors--who had stood -faithful to their duty. They were put on board a vessel, with orders to -land them in Portugal, which, like Catalonia, was in revolt against -Spain. Although the crew consisted of Catalans and Frenchmen, they were -persuaded to put into Cartagena, with a promise of being allowed to sell -their cargo there. The reception of the refugees was most inhospitable; -the vessel was seized and the cargo and effects of passengers and crew -were embargoed: much red tape had to be cut and it was not until -December that the conclusion was reached that the crew had rendered an -essential service exposing them to punishment by the rebels, wherefore -the vessel was released and they were allowed to dispose of the -cargo.[1152] - -The refugees were without salaries or resources and it was not without -difficulty and delay that the Suprema, professing its own inability to -help them, secured from Philip some moderate _ayudas de costa_ to keep -them alive. Then, in March, 1644, it ordered them to open a tribunal at -Tarragona, at the same time representing to the king that this would -cost forty-five hundred ducats in silver for the first year, and four -thousand annually thereafter, which might be supplied from the two -millions of maravedís coming from the tribunal of Cartagena--apparently -some recent large confiscation--as otherwise they would die of -starvation. They were doubtless thus provided for and did what they -could to restore the old-time dread of the Holy Office. It had sadly -diminished in these evil days for, in this same year, 1644, in the -neighboring town of Tortosa, Inquisitor Roig of Valencia complained -that, on reaching there during his visitation, the magistrates did not -come to receive him, they assigned him no lodgings and they refused to -publish his proclamation.[1153] - -[Sidenote: _CATALONIA_] - -Meanwhile, in accordance with the terms arranged with France, the -Catalans had organized a national Inquisition. Doctor Paulo Ferran and -Doctor Joseph Pla were appointed and application was made for the usual -papal faculties. These were granted and, when the briefs were received, -September 26, 1643, they were installed and the Castilians were -expelled. The new tribunal had not much to do. It did not meddle with -the Calvinists in the French armies, but it vindicated its authority by -an auto de fe, celebrated February 23, 1644, in which one victim was -garroted and burnt and there were two penitents. There was another, -November 7, 1647, in which there was an execution for unnatural crime -and six men and five women penitents, mostly for bigamy and sorcery. The -only other evidence of activity that I have met is an investigation -ordered by Pla, at the request of the parish priest of Pineda, resulting -in the trial of Anthoni Morell.[1154] - -When the troubles of the Fronde compelled Mazarin to withdraw the French -armies, the rebellion collapsed, in spite of the obstinate determination -of the Catalans to sever relations with Castile. When Barcelona -surrendered, October 11, 1652, Catalonia was left at the mercy of the -conqueror, but Philip, with true statesmanship, restored it to its -ancient privileges and liberties, save a few exceptions which have no -bearing on our subject.[1155] Inquisitor Pla had lingered at Gerona, -continuing his functions in virtue of his papal brief. He was found -there by the Marquis of Olias y Mortara, who only ventured to suspend -him and wrote to the king, October 12, 1652, for instructions, adding -that the prompt re-establishment of the Inquisition would conduce -greatly to the pacification of the land. The Council of Aragon, November -16th, approved of this and the next day Philip instructed the -inquisitor-general to make the appointments and despatch the inquisitors -at once.[1156] There were financial difficulties, however. January 18, -1653, the Suprema reported the appointments; the infection of heresy by -the French promised much work, but there was an utter lack of money; the -tribunal would cost six thousand ducats a year, while its resources were -but two thousand, for the separation of Roussillon lost it a thousand -and it had two thousand more in Barcelona loans which were -incollectable; there was prospect however of large confiscations, for -many Catalans had fled to France who would be prosecuted and, on the -strength of this, the king was asked for four thousand a year.[1157] The -adjustment of these questions probably required time, for it was not -until August 2d that the new inquisitors took possession of their -office, riding in state through the city, with drums and trumpets and -the standard of the Holy Office, followed by all the familiars and -officials of Barcelona, and making public proclamation in the customary -places. The next day, Sunday, the Edict of Faith was read and on Monday -they commenced their functions. Of the Catalan inquisitors, Pla died -within a few days and Ferran was arrested at night as were many others, -some of whom were sent to France and others were deported to Majorca. -Apparently their official acts were not recognized, for familiars of -their appointment continued for some years to apply for -reinstatement.[1158] - -[Sidenote: _CATALONIA_] - -No sooner was the tribunal re-established than the old troubles -recommenced. Abuses must have been flagrant to call forth from Philip, -June 2, 1661, a cédula ordering the exact observance of the Concordias -and restraining the excessive use of excommunication.[1159] The quarrels -which arose were prolonged and complicated by every possible device. On -February 15, 1664, Juan Matheu, actual receiver and acting alguazil -mayor of the tribunal, was murdered. On most slender suspicion, the next -day, it arrested Joseph Guimart and Joseph Massart; the Audiencia -claimed the case and the tribunal refused to enter into a competencia -until the Banch Reyal threatened the inquisitors with banishment. Then -they averted the preliminary conference by questions of etiquette, -repeatedly disregarding the orders of the Suprema, until the -intervention of the queen-regent enforced obedience. The conference was -at last held and the papers were transmitted to the Suprema and Council -of Aragon to decide as to the jurisdiction. While this was pending, the -inquisitors started another trouble. They had confined the prisoners in -the secret prison as though guilty of heresy. This was a grievous -hardship and the queen ordered them transferred to the common prison; -the inquisitors reported that this had been done and then, on pretext -of information as to a plot to escape, brought them back to the secret -prison. When the Suprema heard of this it wrote in a tone of mingled -anger and fear, lest it should be discovered by the Council of Aragon; -the prisoners must be moved back again; the affair had become too -important, the Council of Aragon had made too many efforts and the queen -imputed it all to the Suprema as they would see by her enclosed order. -Then the competencia was suspended by the escape of the prisoners, March -9, 1666, and the last we hear of the matter is their negotiation for a -pardon, in 1668, on terms of which the viceroy advised the acceptance, -in order to avoid decision of the competencia. It was doubtless so -settled, for competing jurisdictions had brought the administration of -justice into such shape that it was better to let criminal accusations -remain untried than to decide between the rival claims.[1160] - -These quarrels were not merely occasional but were continuous and -perpetual. A letter of June 18, 1667, happens to mention that there were -then four or five competencias delayed by the question whether in the -conferences the royal judge should bring his own notary.[1161] Perverted -ingenuity was constantly devising new points over which strife could be -created. Prisoners on trial in the royal gaols were sometimes borrowed -by the tribunal to be prosecuted for blasphemy or other trivial offence -against the faith. In 1666 a case of this kind gave rise to a question -as to the exact form of receipt to be given for the body of the culprit, -when it was pushed to such a point that the Suprema ordered the -excommunication of all the judges of the Audiencia, and the Council of -Aragon complained to the queen-regent about the oppressive abuse of -censures and asked her to provide that for the future the mutual -obligations of the two tribunals should be equal and reciprocal.[1162] - -[Sidenote: _CATALONIA_] - -When the Inquisition took such pains to make itself detested, one is -scarce surprised to learn, from a complaint of the Suprema in 1677, that -in Barcelona it had so fallen in public esteem that it was able to -procure but one familiar and that the alguazil mayor had asked to be -relieved from carrying his wand of office, for no noble was willing to -be seen walking with him when he bore it.[1163] This hostility it -continued carefully to cultivate. In December, 1695, the Diputados and -judges addressed to Carlos II a complaint of the multiplied excesses of -the tribunal, which trampled on the laws and liberties of the land, -causing such scandals that they could no longer be endured in silence. -This had been especially the case since Bartolomé Antonio Sans y Muñoz -had been inquisitor, whose methods can be appreciated by a single -example. Captain-general Marquis of Gastañara, had imprisoned a -Frenchman named Jaime Balle, on a matter of state, Spain being at the -time at war with France, with strict orders to keep him _incomunicado_. -Muñoz suddenly demanded an opportunity of taking testimony of him. -Gastañara was absent and no one had authority to violate his -instructions, but the regent of the royal chancery and the gaoler -offered, if Muñoz would declare it to be a matter of faith, to endeavor -to find some means of compliance. This assurance he refused to give, -even verbally, and he threatened the regent with excommunication. The -Audiencia invited him to a conference, which he refused and it then -cited him before the Banch Reyal, with the customary warning of -banishment and seizure of temporalities. Muñoz responded, December 29th, -with a mandate to the regent ordering him, under pain of -excommunication, to allow the deposition of the prisoner to be taken and -he followed this, within an hour, with an excommunication published in -all the pulpits and affixed to all the church-doors. The next day this -was re-aggravated and the regent was publicly cursed with the awful -anathema formulated for hardened and impenitent sinners. The Audiencia -rejoined with the decree of banishment and seizure of temporalities, -under the customary term of fifteen days. The tribunal answered this -with a threat of interdict on the city; it convoked all the superiors of -the religious Orders and arranged with the clergy for a great procession -when it should take its departure. It kept its doors closed and even -refused to receive the messengers of Gastañara, who had hastened back to -Barcelona, but he delayed further action until he should communicate -with Madrid and receive the royal orders. When they came, on January 11, -1696, he was at Montealegre, a couple of leagues from the city; they -were sent to him by a special courier and he returned the next morning -and made secret arrangements for their execution. At 2 P.M. he sent -word to Muñoz that he wished to see him on the king's service. At 4.30 -P.M. Muñoz came, bringing the fiscal with him. A scrivener was -introduced who read to him the king's order, which he said he was ready -to obey. Gastañara told him that he must start at once; a coach was at -the door to which he was escorted with all honor; lackeys with flambeaux -were ready and a guard of twenty-five musketeers. Gastañara gave him -money and he was provided with all comforts, even to a courteous -gentleman as a companion to enforce all proper respect for him. As he -was leaving the palace, his violent temper burst forth in regrets that -he had not been allowed time to cast the interdict on the city. He was -driven to the embarcadero, placed on board a vessel that had been made -ready and was conveyed to the nearest Valencian port. It is symptomatic -of Spanish conditions that in war-time the captain-general was obliged -to abandon all other duties and devote a day to kidnapping a troublesome -priest, and this is emphasized by the fact that the inquisitor-general -rewarded the conduct of Muñoz by appointing him to one of the most -desirable tribunals of Spain.[1164] Possibly this affair may have -influenced Carlos II in reissuing, in 1696, his father's injunction of -1661 to observe the Concordias exactly and to be more sparing of -excommunications.[1165] - -Philip V was scarce seated on the throne when he found himself -confronted with the eternal question of Catalan hostility towards the -tribunal. A consulta of the Suprema, October 16, 1701, warns him that -the inquisitors of Barcelona report that, in the Córtes about to -assemble, efforts will be made to limit its usefulness and he is -exhorted to follow the example of his predecessors.[1166] Whatever was -done was of little consequence for, in the war which broke out soon -afterwards, Catalonia enthusiastically acknowledged the Archduke Charles -as Carlos III and became the stronghold of the Austrian party. The -situation of the rebellion of 1640-52 was duplicated. The tribunal was -withdrawn, but seems to have been replaced by a local organization, for -an article of the Córtes of 1706, duly approved by the Austrian Carlos, -regulating the insaculacion for public office, recognizes its -certificates respecting its officials.[1167] Of course it could exercise -no jurisdiction over the heretic English allies; it has left no traces -of its activity and was replaced by a revival of the episcopal -cognizance of heresy. As to places beyond the control of the Austrian -party, a provision of the Suprema, March 16, 1706, extended the -jurisdiction of the Saragossa tribunal over all that should be recovered -from the enemy until such time as the Inquisition of Barcelona should be -re-established.[1168] The desperate resistance of the Catalans postponed -this until 1715, and when the tribunal was reinstated it found in the -secret prison two captives, Juan Castillo a bigamist and Mariana Costa -accused of sorcery, both of them confined by order of the vicar-general -of the diocese.[1169] As all the liberties and privileges of Catalonia -were abolished by the conquerors, its subsequent relations with the -Inquisition offer no special characteristics. - - * * * * * - -[Sidenote: _MAJORCA-CASTILE_] - -Majorca had no Concordia and its tribunal was free to claim what extent -of jurisdiction it saw fit, limited only by the resistance of the civil -authorities, which, as we have seen, was energetically expressed at an -early period. As defined by Portocarrero, in 1623, in practice it -asserted complete jurisdiction, active and passive, in civil and -criminal cases, over its salaried and commissioned officials and their -families; over familiars, in criminal matters, active and passive; in -civil, passive only, with exclusion of their families.[1170] The -occasion of his book was a violent struggle between the viceroy and the -tribunal, which presents the ordinary features of these contests for -supremacy between rival departments of the government. In a search for -arms in the house of Juan Zuñez, receiver of confiscations, some were -found. The viceroy at once arrested him, sentenced him to leave the -island within twenty-four hours and shipped him away. The inquisitor -promptly excommunicated the viceroy; the royal fiscal appealed; the -viceroy and royal judges summoned the inquisitor to a conference -preparatory to a competencia or to appear in the Banch Reyal and defend -his proceedings. On his refusal the Banch Reyal pronounced sentence of -banishment and seizure of temporalities, which was published with sound -of drum and trumpet. They also issued an edict declaring the censures -null and void and ordering the clergy to disregard them; they refused to -consider themselves excommunicated, they attended mass and apparently -had the support of the people and clergy, for no attention was paid to -the interdict cast on the city by the inquisitor.[1171] What was the -final result does not appear, nor does it much matter; the significance -in these affairs is the spectacle presented to the people of lawless -collisions between the representatives and exponents of the law. - -In Majorca the most impressive cases of this kind occurred between the -Inquisition and the ecclesiastical courts and will be considered -hereafter. It suffices here to say that broils with the secular -authorities were constant and contributed their share to occupy and -distract the attention of the central government. It would be -superfluous to enumerate those of which the details have chanced to -reach us; they would merely prove that, considering their small size and -scanty population, the Balearic Isles were not behind their continental -sisters of Aragon in adding to the perplexities of the monarchy. - - * * * * * - -This somewhat prolonged recital of the struggles of the kingdoms of the -Crown of Aragon gives an opportunity of realizing the stubborn -resistance, to the arrogant pretensions of the Inquisition, of provinces -which still retained institutions through which public opinion could -assert itself. The people of the kingdoms of Castile had been reduced to -submission under the absolutism of the House of Austria and, though they -might at times complain, they could make no effective efforts to -ameliorate their position. When, in 1579 and again in 1583, the Córtes -of Castile complained of the arrest and immurement in the secret prisons -of individuals in every quarrel with an official of the Inquisition, to -the permanent disgrace of families, Philip II merely replied that he -would make inquiry and take such action as was fitting.[1172] The only -resource was to raise contests in individual cases and these were -frequent enough and violent enough to prove that there was the same -spirit of opposition to inquisitorial encroachment and the same -pervading discontent with the abuses flourishing so rankly under -inquisitorial protection. Instances of this could be cited almost -without limit, but one or two will suffice as examples of the multiform -aspect of these quarrels and the temper in which they were fought over. -It should be borne in mind that, in these struggles as in those of -Aragon, there was no question of freedom of conscience and no desire to -limit the effectiveness of the Holy Office as the guardian of purity of -faith. The Castilian, like the Catalan, looked with exultation on the -triumph over heresy in the autos de fe, and he desired only to set -bounds to the intrusion of the Inquisition on the field of secular -justice. - -[Sidenote: _CASTILE_] - -The chancellery of Granada was the supreme tribunal of New Castile as -that of Valladolid was of Old Castile. The alcaldes of its Sala del -Crimen constituted the highest criminal court, from which there was no -appeal save to God. April 15, 1623, the alcalde mayor, after five days' -trial, condemned Gerónimo Palomino, an habitual criminal and _rufian_, -to two hundred lashes and six years of galleys for various offences, -including sundry blasphemies; on the 24th, the Sala confirmed the -sentence and ordered its execution. On the same day the Inquisition -served two notices on the alcalde mayor prohibiting his cognizance of -the case, as some of the alleged crimes concerned the faith, over which -it had exclusive jurisdiction, and it demanded the surrender of the -accused and of all the papers under the customary comminations. The -alcalde mayor responded by calling for a competencia and offering to -deliver Palomino for trial on any charges of heresy, if record were made -that he was already a galley-slave to be returned to the royal prison. -The next day the tribunal sent to the prison and claimed him, on the -pretext that the case had been transferred to it, whereupon the alcaide -of the prison surrendered him without orders from the judges. When the -latter heard of this they also learned that the transfer had been -effected through the efforts of the prisoner's friends and liberal -bribery of the officials of the tribunal, who had been active in getting -him out of prison. After satisfying themselves of this by investigation, -they ordered the arrest of four laymen--a notary, a messenger and two -familiars--and they further imprisoned in their houses the alcalde mayor -and alcaide of the prison for acting without informing the Sala. The -tribunal concluded Palomino's trial within forty-eight hours, sentencing -him to hear a mass in the audience chamber, and it appears that it -returned him. It further commenced proceedings against the alcaldes, -summoning them to liberate the officials within three hours under pain -of excommunication. The alcaldes protested against this and demanded a -competencia, as provided under the Concordia, but the next day they were -excommunicated in all the churches and this was followed by an interdict -laid on the city. This forced a compromise by which the prisoners were -liberated, subject to rearrest in case the competencia should result in -justifying the alcaldes, and the latter were absolved from the censures. -The matter seemed to be settled, but all parties had counted without the -impetuous and aggressive Inquisitor-general Pacheco. Without awaiting -further information, and in disregard of the laws prescribing peaceful -settlement by competencias, he had evoked the case to himself and acted -upon it off-hand. Two days after the absolution, the inquisitors -reimposed the excommunication by his command, and notices were served on -the alcaldes and their alguazil mayor to appear before him within -fifteen days to stand trial. Against this they protested and, on their -failure to appear, they were not only excommunicated afresh but -anathematized in all the churches. The scandal had thus assumed national -proportions.[1173] - -The alcaldes were the direct and highest judicial representatives of the -king, but such was Philip's subservience to the Inquisition that he -would not permit a competencia following the regular course but took the -affair into his own hands. The President of the Council of Castile, in -remitting to the royal favorite Olivares, July 4, 1623, a memorial from -the Council, declared that the condition to which the chancellery of -Granada was reduced, owing to the methods of the Inquisition, was the -most ignominious that had ever been heard of in Spain, especially -considering how slight was the cause of all this disquiet, for, when -everything was settled it was again enkindled at the mandate of the -inquisitor-general. As the matter was in the king's hands, the Council -could do nothing but appeal to his majesty, with all the disadvantages -under which it labored in combating the inquisitor-general; had its -hands been free it might already have conquered, to the benefit of the -royal jurisdiction and service of the king, for every day brought -greater disturbance to the Republic.[1174] - -In spite of this appeal, Philip decided in favor of the Inquisition and -the humiliation of the chancellery was complete. Yet Pacheco was not -satisfied with victory and proceeded to trample on the vanquished. In -the course of the quarrel, Gudiel de Peralta, one of the judges, and -Matias González de Sepúlveda, the fiscal of the court, had drawn up -legal arguments in its justification. These Pacheco submitted to his -censors, who of course discovered latent heresies lurking in them, -whereupon he ordered them to be suppressed as heretical and announced -his intention of proceeding rigorously against the authors. The Council, -on October 7th, again appealed to Philip. The accused, it said, had only -defended the royal jurisdiction in a perfectly legitimate manner; the -inquisitor-general should not have attacked royal officials and -inflicted irreparable injury on them and their posterity by denouncing -them as heretics, without consulting the king. He was begged to -intervene and order Pacheco to suspend proceedings, while a junta of the -two Councils should consider the papers and decide what course should be -taken.[1175] It is probable that in some such way this indefensible -attempt was suppressed, for neither of the inculpated names appear in -the Expurgatory Index of Zapata, in 1632. - -It would seem difficult to set bounds to the power of an organization -which could thus arbitrarily employ the censures of the Church on any -department of the government, without being subject to control save to -that of a king docile to its exigencies. Yet the Suprema, which always -sustained the tribunals in their wanton excesses, adopted their quarrels -and fought them unsparingly to the end, was thoroughly conscious of -their wrong-doing. While this conflict was in progress, it issued a -carta acordada, April 23d, earnestly exhorting the tribunals to maintain -friendly relations with the royal officials and not to waste time in -dissensions to the neglect of their duties in matters of faith; -competencias were always to be admitted and no censures were to be -employed without consulting the Suprema, unless delay was -inadmissible.[1176] - -[Sidenote: _CASTILE_] - -How nugatory were these counsels of moderation, under the dominance of -such a man as Pacheco, was soon afterwards manifested in a still more -scandalous outbreak in Seville, under his direction, in 1625. The -assistente or governor, Fernando Ramírez Fariñas, himself a member of -the Council of Castile and a man of high consideration, was -excommunicated and thus prevented from concluding a negotiation for a -donation to the king of eighty thousand ducats; his alguazil, an -honorable man, was wounded and was shut up in prison to keep him out of -the hands of the tribunal, which declared that he was wanted on a matter -of faith, thus covering him and his family with infamy. The king and -Olivares were besieged by Pacheco on the one hand and the Council of -Castile on the other. The king, as usual, sided with the Inquisition and -the President of the Council tendered his resignation with the -suggestion that his office had better be given to Pacheco who, by -holding both positions, could cover up these scandals, while the royal -jurisdiction could scarce be reduced to greater degradation. It is no -wonder that Olivares, in a letter to the president, declared himself to -be the most unfortunate of men, for he could satisfy nobody; his best -course would be to ask the king to let him abandon the management of -affairs; when the kingdom was in such straits that he could scarce take -time to breathe in devising remedies, his efforts were wasted in -competencias and he concluded with the despairing declaration that he -lost his senses in thinking over it without knowing what to say.[1177] - -The statesmen who were guiding the destinies of Spain in those perilous -times might well groan under the superfluous burden of deciding these -contests over trifles so ferociously waged, but they were not to be -spared. Arce y Reynoso was not so violent as Pacheco but he was equally -obstinate and was determined to emancipate the Inquisition wholly by -relieving it from royal supervision. There was an instructive case at -Cuenca, in 1645, where the corregidor, Don Alonso Muñoz de Castilblanque -sent a band of assassins to murder a woman with whom he had illicit -relations, together with a priest named Jacinto. The crime created great -excitement, but Muñoz was a contador, or accountant of the tribunal, and -as such a titular official. He presented himself before the inquisitors -who assumed his case and promptly excommunicated the judge who attempted -to prosecute him. Philip had the matter investigated and was told that -both the woman and the priest had been killed. He sent to the Suprema a -decree ordering the removal of the excommunication and the delivery of -the criminal to the Council of Castile, to be tried by the judge which -it had appointed, for the inquisitors could not properly punish so -atrocious a crime without incurring irregularity. This was clear and -peremptory enough, but, in place of obeying it, Arce y Reynoso replied, -May 4, 1645, that this would be a great and unheard of violation of the -rights of the Holy Office. The woman was not dead but was in Valencia, -where the tribunal was busily collecting evidence; to hand Muñoz over to -the secular judges for trial and execution would incur the same -irregularity as sentencing him; the case would be tried by the Suprema, -which had a wide range of suitable penalties that did not infer -irregularity; meanwhile Muñoz would be safely guarded and he trusted -that the king would not set so pernicious an example. - -When Philip rejected this appeal and repeated his order, a learned and -elaborate argument was prepared to show that he had no power to -interfere. It took the ground, to which we have already referred, that -the temporal jurisdiction of the Inquisition over its officials was a -grant from the papacy; it was exclusive and unlimited and no secular -ruler could deprive the Holy Office of it; the pope had power to make -this grant and the king had none to remove this or any other case from -its cognizance, for he was not supreme over the ecclesiastical and papal -jurisdiction--the truth being that the papal commissions to the -inquisitor-general conferred power to remove and punish subordinates but -said nothing as to its being exclusive, and equally fallacious was the -citation of three authorities whose utterances had no bearing on the -question at issue.[1178] This audacious reliance on the ignorance of -Philip and his secular advisers was successful. Philip made one or two -efforts more, but Arce y Reynoso held good. A memorial, in 1648, on the -general subject, from a member of the Council of Castile, tells the king -that his repeated commands in the case of Muñoz had been disobeyed and -that, although the criminal had so long been in the hands of the -inquisitors, he had not yet been sentenced, which he held to be clear -proof that their aim was to defend their officials from the royal -justice and not to punish them.[1179] - -[Sidenote: _CASTILE_] - -How liberal was the construction placed on this term of titular official -was illustrated when, in 1622, at Toledo, the corregidor arrested the -butcher of the tribunal for intolerable frauds on the public. The -inquisitor demanded the prisoner and the papers, published the -corregidor in all the churches as excommunicate, seized the alguazil and -apparitor who had made the arrest, cast them into the secret prison, -tried them as if for heresy, shaved their heads and beards and banished -them and refused to their families any evidence that would preserve -their posterity from infamy. There was danger of a rising in Toledo -against the Inquisition, but it was averted; the Council of Castile -protested and a junta was held which adopted measures to prevent a -repetition of such outrages but, as usual, no attention was paid to -them.[1180] - -It would be superfluous to multiply examples of the perennial struggle -which was distracting the energies of the government and weakening the -respect for law in every quarter of Spain. Each tribunal contributed its -share, and there was an unending stream of cases pouring into Madrid for -settlement. Each side blamed the other for this anomalous condition. In -1632, the Suprema, in defending the tribunal of Valencia for its -protection of criminal familiars, bitterly complained that the object of -the Concordias was the relief of the tribunals, the punishment of -offenders, the quick despatch of cases, and the diminished oppression of -pleaders, but that this had been converted into perpetual strife, -regardless of forms and rules of procedure.[1181] For this it was itself -primarily to blame, for though there were doubtless faults on both -sides, the cases recorded in the reports and the arguments of the -Inquisition show that it was the chief offender. Its aggressive powers -were too much greater than those of its adversaries, and its methods -were too sharp, for the secular authorities often to risk the -consequences of being in the wrong. - - * * * * * - -[Sidenote: _THE SPIRITUAL COURTS_] - -There was another direction in which the Holy Office sought to interfere -with the administration of justice. So complete is the independence of -secular authority claimed by the Church for those in holy orders, that a -licence from a bishop is held to be necessary before a cleric can obey a -summons to appear as a witness in a lay court, even in civil -cases.[1182] The Inquisition included this among the exemptions of all -connected with it, whether lay or clerical, and even extended it to -familiars. The privilege seems generally to have been conceded, as -respects the salaried officials but, as applied to familiars, it was too -grotesque not to excite opposition. The Concordia of 1568, as we have -seen, provided that familiars should testify before secular judges -without requiring licence from inquisitors and that the latter should -not prohibit them from so doing, which infers that it was an abuse -requiring correction and also that officials were conceded to enjoy the -exemption. The power to summon a witness necessarily includes that of -coercing him to testify, and this was exercised by imprisoning -recalcitrants, which came to be regarded as an infraction of privilege. -In 1649, in the case of Claudio Bolano, a familiar imprisoned for -refusing to give evidence, the tribunal of Valencia formed a -competencia, pending which he was released under bail to both -jurisdictions. The question was of difficult solution and the -competencia dragged on for ten years without settlement. Then, in 1659, -the same thing occurred and another competencia was formed, in which the -most that the Inquisition would concede was that, when the evidence was -indispensable, a notary should be sent to the familiar's house to take -it in secret, basing this upon the danger to which witnesses were -exposed in the violent factions of the time.[1183] The question, -however, was settled, in 1699, in the case of Felipe Bru. At Játiva, on -August 14, 1698, Don Luis Salzedo, Lord of Pamis, was shot and killed -when standing at a window of his house. Don Vicente Monserrat, judge of -the Audiencia of Valencia, found Bru, who was a familiar, a contumacious -witness. He was first given the town as a prison, then his house, and -finally was confined in chains. He appealed to the tribunal, which -ordered his release within three days, under pain of excommunication and -five hundred ducats. A competencia was formed which, in November, 1699, -was decided in favor of the royal jurisdiction. It was probably in -consequence of this discussion that, on July 15th, a royal decree was -issued compelling familiars to give evidence in secular courts. Even -this did not abate the pretensions of the Inquisition for when, in 1702, -Joseph Pérez of Montesa, a familiar, was ordered, under penalty of a -thousand ducats, not to leave that town because a deposition was wanted -from him, he appealed to the tribunal of Valencia which, with the usual -threats, commanded the revocation of the order. On this being refused, -Pérez went to Valencia and had himself incarcerated in the secret -prison, where he was inaccessible. The Audiencia pursued the matter, -there was considerable correspondence and preparations for a -competencia, but finally the affair was settled by sending Pérez to the -house of the regent of the Audiencia, where he made his deposition. To -the end, however, the tribunal maintained the position that, if any -constraint was used, it would resist and protect the familiar unless a -competencia decided to the contrary.[1184] - - * * * * * - -It was not the secular courts alone that had these perpetual conflicts -with the Inquisition. Like Ishmael, its hand was against every man and -every man's hand was against it--but, in fact, this was to a great -extent the case between all the different jurisdictions among which the -various classes of society were parcelled out by their several -privileges and exemptions. Next to the royal courts ranked the spiritual -courts in the number and complexity of debatable questions with the -Inquisition. With these there were two sources of contention, for they -not only claimed by prescriptive right exclusive jurisdiction in all -temporal matters over all who wore the tonsure, but there was a broad -field for discussion in the somewhat hazy delimitation of spiritual -offences justiciable by one or the other. This latter subject will -engage our attention hereafter; at present we are concerned only with -the questions arising from the personnel of the Holy Office. Notoriously -lax as were the episcopal courts with offenders of the cloth, the -Inquisition had the reputation of still greater indulgence with those -who were under its protection; clerics who were also officials therefore -preferred its tribunals, giving rise to frequent quarrels in which the -inquisitors treated their clerical opponents as remorselessly as they -did the secular officials and judges. The episcopal Ordinaries, -provisors and vicars-general contended that they had, except in cases of -faith, exclusive jurisdiction over all clerics; that the temporal -jurisdiction of the Inquisition was a royal grant which could not -supersede the canon law and that the papal commissions only gave -faculties for punishing official malfeasance. To this unanswerable -argument the inquisitors paid little heed and the prelates were worse -off than the judges for these at least had the Councils of Castile or -Aragon to struggle for them, but the Councils admitted that they had no -standing in ecclesiastical quarrels. The natural recourse of the -prelates for protection was to Rome, but this was a subject of intense -jealousy, traditional in the Spanish monarchy, and Philip III, in a -cédula of January 21, 1611, addressed to all the prelates of his -dominions, told them that they must appeal only to the Suprema and -forbade them to carry any case to the Holy See.[1185] - -[Sidenote: _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] - -[Sidenote: _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 of a man who had wounded a familiar, whereupon the inquisitor, -Francisco de Esquinel, threw him in prison and made him give bail in -three hundred ducats. In 1605, another canon, Francisco Sanceloni, had a -verbal altercation 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] - -[Sidenote: _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. - -[Sidenote: _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 but also as to criminal accusations, -without his holding faculties from the pope, while, at the same time, -she was forbidding appeals to the Holy See which was the only proper -judge. She was warned that it was impossible to exaggerate the -importance of the questions at issue and she was implored, before making -so momentous a decision, to consult the Councils of Castile, Italy and -the Indies, for the interests of the whole monarchy were involved as -well as the supreme power of the pope. To this her reply was merely a -repetition of her former orders and a demand for a duplicate of the -letters of the Council to the Viceroy. For the third time it disobeyed -her and sent none and there are intimations that it was engaged in -arousing the whole Spanish episcopate to a sense of the impending -danger. - -Then the affair suddenly assumed another phase. On March 7th the queen -had written to her ambassador in Rome to procure the abstention of the -pope from the matter, but, on that very day, the Congregation of the -Inquisition, with the approval of the pope, had pronounced invalid the -censures fulminated by the inquisitor. It was late in May before this -was communicated to the queen by the nuncio, who said that the pope had -recognized the gravity of the assault by an inquisitor on the episcopal -dignity and the magnitude of the ensuing scandal, and had caused the -whole subject to be carefully considered by the Congregation with the -above result. The pope had felt deeply, not only the indignity offered -to the episcopal office, but also that the fiscal of the Inquisition had -applied to the queen to summon the bishop before it, solely on the -ground of his having appealed to the Holy See. In the name of the pope -the nuncio therefore asked the queen to order inquisitors not to proceed -against bishops and to reject the application of the fiscal. - -[Sidenote: _THE SPIRITUAL COURTS_] - -Even this did not shake the determination of Nithard to reduce the -episcopate to subjection. A long and argumentative consulta was -presented to the queen, proving that the papal decision was -surreptitious and therefore invalid, and that anyhow the decrees of the -Roman Inquisition had no currency in Spain. The old prohibitions of -appeals to Rome were invoked and the queen was told that one of the most -precious jewels of the Spanish crown was at stake, for, unless the -regalías were preserved, the Inquisition must disappear, delinquents -would be unpunished, religion would suffer and, with the loss of its -unity, there would no longer be obedience to the throne. The queen was -therefore urged to stand firm; the prosecution of the bishop must not be -suspended and the Council of Aragon must be forced to obey the royal -commands. - -Nithard was ready to risk an open breach with the Holy See in his -audacious ambition to render the Inquisition supreme in the Spanish -Church. How far the queen would have suffered herself to be carried in -the execution of his plans cannot be told, as the documents fail us -here. His career, however, was drawing to a close. In February, 1669, he -was driven from Spain amid universal execration, yet the prosecution of -Bishop Manjarre was not abandoned, for the Inquisition was not -accustomed openly to admit defeat. It dragged until his death, December -26, 1670, when it was quietly dropped.[1196] - -Practically the intervention of Rome gave the victory to the -Mallorquins, of which they took advantage. In 1671 there arose another -quarrel over a fine incurred by a canon who was also a consultor of the -tribunal. Both sides exchanged excommunications and Inquisitor-general -Valladares, profiting by his predecessor's experience, showed -moderation. On the plea that it was a matter of government rather than -of jurisdiction, the Suprema ordered the tribunal to abandon the case -and remove the censures imposed on the canons, but the latter were not -content with this and procured from the Roman Holy Office a decree -declaring invalid the censures of the inquisitors and valid those of the -executors of the brief. The Council of Aragon communicated this to the -queen who submissively signed a letter, January 25, 1672, to the -chapter, expressing her confidence that in its use they would pay -fitting attention to the peace and advantage of the Church.[1197] - -The Inquisition was not accustomed to defeat and it chafed under this, -as was shown when, in 1690, a quarrel arose because a priest of -Minorca, named Juan Bruells, used insulting words to the commissioner, -Rafael Pons. For this he was prosecuted and the case threw all the -islands into confusion. The viceroy, the Audiencia and the clergy all -united against the Inquisition. The Ordinary of Minorca, as executor of -the brief of 1642, forcibly released Bruells, forbade the inquisitor to -proceed and, on his disobeying, excommunicated him. About this time the -Mallorquin tribunal had claims to consideration arising from its -vigorous proceedings against Judaizers and the large resultant -confiscations. The Suprema espoused its cause with the usual energy and, -in repeated consultas to Carlos III, denounced the papal briefs as -surreptitious and invalid, full of defects and nullities. The feeble -king issued repeated commands for the prosecution of Bruells and the -surrender of the briefs, but no one paid attention to them. The -Mallorquin clergy procured from the Congregation of the Inquisition a -decree validating the censures pronounced by the Ordinary and annulling -those of the inquisitor; the pope confirmed this but subsequently -suspended it at the earnest solicitation of the Spanish ambassador, at -the same time ordering his nuncio to make the king understand that the -Congregation had supreme power to decide all questions of jurisdiction. -The affair did not result to the satisfaction of the Inquisition for the -last we hear of it is a bitter complaint by the Suprema, March 11, 1693, -of the contumacious Mallorquins and the miserable condition to which -they had reduced the Inquisition. In Minorca, the clergy and their -dependents were so hostile that Pons could not find a church in which to -celebrate mass, while the officials were shunned as excommunicated -heretics.[1198] - - * * * * * - -[Sidenote: _MILITARY ORDERS_] - -Another jurisdiction with which there were occasional quarrels was that -of the army, for soldiers were exempt from the secular courts. In such -competencias settlements were made by a junta of two members each of the -Suprema and the Council of War, with final reference to the king in case -of disagreement. I have happened to meet with but few cases of this and -they seem never to have attained the importance of those with the -secular and ecclesiastical courts. One occurred in 1629, arising from -disputes with the garrison that had occupied the Aljafería since the -troubles of 1591. A somewhat curious case was that of Don Fernando -Antonio Herrera Calderon, of Santander, who was alguazil and familiar -and who resigned, in 1641, from his military company, although warned -that, by so doing during hostilities, he would be tried by the Council -of War. It naturally claimed him and the Suprema endeavored to protect -him.[1199] It would seem that, towards the end of the eighteenth -century, the exemption of the military was causing special troubles, for -a royal cédula of February 9, 1793, declares that, to put an end to -them, in future the military judges shall have exclusive cognizance of -all cases, civil and criminal, in which soldiers are defendants, except -inheritances, and that no tribunal or judge of any kind shall form a -competencia concerning them under any pretext.[1200] - - * * * * * - -There was yet another independent jurisdiction with which the -Inquisition occasionally came into collision. In Spain the Military -Orders formed so important a body that, among the State Councils, there -was one of Orders, which had exclusive jurisdiction over their members. -It will be recalled that one of Ferdinand's most efficient measures to -ensure the peace of the kingdom was to obtain the perpetual -administration of those of Santiago, Calatrava and Alcántara, while the -queen assumed that of Montesa. Yet he was not disposed to favor their -claims of exemption in temporal matters from the jurisdiction of the -Inquisition. A letter of September 15, 1515, to the tribunal of Jaen, -says that certain confiscations involve property held by knights of the -three Orders who may claim exemption and refuse to plead before the -judge of confiscations; if so they are not to be listened to and, if -necessary, are to be prosecuted with the full rigor of the law.[1201] - -In civil and criminal matters the members of the Orders asserted -exemption from the jurisdiction of the Inquisition, leading to disputes -more or less acrimonious. In 1609, at Córdova, Don Diego de Argoté, a -Knight of Santiago, with levelled pistol, prevented the arrest of one of -his servants by officials of the tribunal. A competencia resulted which, -when carried up to Philip III, was decided by him in favor of the -Council of Orders. To this the Suprema replied in a consulta, fortelling -the entire destruction of the Inquisition in case the decision was -allowed to stand and so worked on Philip that he reversed his decree -and allowed the Suprema to prosecute the culprit.[1202] The -complication caused by these class privileges is illustrated in the case -alluded to above, occurring in 1648, at Cuenca, of Muñoz de -Castilblanque for the murder of the priest Jacinto. He was a Knight of -Calatrava which led to an additional competencia, when the junta could -not agree and the king had to decide.[1203] - -In their contests with the Orders, the tribunals were apt to exhibit the -same unscrupulous spirit as in those with other contestants. In Majorca -Doctor Ramon Sureda, canon, chancellor and judge of competencias, was -likewise conservator of the Military Orders. In 1657 he complained that, -in conflicts of jurisdiction, the inquisitor would not form competencias -with him in order that the papers might take the regular course of -transmission for settlement by the Suprema and Council of Orders. The -king and queen therefore, as administrators of the Orders, instructed -him in such case to send to the inquisitor three successive messages and -report them and their replies to the Council; if, in spite of this, the -tribunal continued to prosecute the case, he was to proceed against the -inquisitor and the viceroy was to render him all proper support. The -inquisitor ingeniously evaded this in the case of Gaspar Puygdorfilio, a -Knight of Santiago, in 1661, by refusing to receive any messages, saying -that he received them only from the viceroy. Sureda's report of this was -left unnoticed and the inquisitor adopted the same device, in 1662, in -the case of Francisco de Veri, a Knight of Montesa, prosecuted for -wounding a familiar who had drawn a sword upon him. He refused to -receive messages and proceeded to sequestrate Veri's property, including -his crops and cattle. To save them from destruction the viceroy -interposed and the Council of Orders appealed to the queen, as -administrator of the Order, to take some action that should enable such -questions to be settled peaceably, but apparently without result.[1204] - - * * * * * - -[Sidenote: _MILITARY ORDERS_] - -As though the exempted classes were not numerous and troublesome enough, -there was a project, in 1574, of adding another which, if carried into -effect, would have altered the destiny of Spain by subjecting it -eventually to the Inquisition and reducing the nominal monarch to the -position of a _roi fainéant_ under a Mayor of the Palace. It is a most -impressive illustration of the spirit of the age that such a project -should have been formulated, that it received enthusiastic support and -that a sovereign so jealous of his prerogative as Philip II should have -even allowed it to be debated, much less have let it assume a menacing -shape and have given it serious consideration. A Military Order was to -be established under the name of _Santa María de la Espada Blanca_, with -a white sword as a symbol, like the red sword of Santiago. At its head -was to be the inquisitor-general, to whom all members were to swear -allegiance and whose orders in peace and war all were to obey. To him -likewise they were to assign their property, receiving back at his hands -what was necessary for their support, and after death their widows were -to be pensioned by him. They were to be exempt from all jurisdiction -save his, which was to be delegated to priors appointed in all the -provinces. The ostensible object was the defence of the faith and of -Spain, for which they were at any time liable to be called to the field, -or to serve in garrison, under the orders of the inquisitor-general. -Thus the Inquisition was to be furnished with an organized force, sworn -to blind obedience and released from all other obligations. The only -requisite for membership was _limpieza_, or purity of blood, free from -all taint of Judaic or Moorish contamination, or descent from those who -had been sentenced for heresy. At this period limpieza was becoming a -popular mania; the cost of proving it through four generations was -considerable, and there was strong temptation in the promise that the -expenses of all applicants would be defrayed from the common fund. - -The project may seem to us too wild to merit a thought, but it responded -so perfectly to the temper of the time that it was enthusiastically -adopted by the provinces of Castile, Leon, Biscay, Navarre, Aragon, -Valencia, Catalonia, Asturias and Galicia. Procurators from these -provinces submitted it to Philip for his approval and were supported by -representatives of forty-eight noble houses and of the archiepiscopal -sees of Toledo, Santiago, Seville, Saragossa, Valencia, Tarragona and -Granada. It was debated earnestly and at much length, but the argument -of Pedro Vinegas de Córdova decided its fate. He pointed out the -troubles which were already arising on the subject of limpieza, causing -jealousies, hatreds and contentions, to be increased enormously if the -population was thus to be divided into two classes; also the fact that -the royal courts would have left to their jurisdiction only the New -Christians, while the Old Christians would have their special judges -and, if the comparatively few existing familiars caused such -all-pervading troubles, what the effect would be of increasing without -limit the number of the exempt. On the one hand the ambitious and able -men among the New Christians, being thus cast out, would foment -disaffection and disturbance; on the other, if the old Military Orders -had been a source of danger to the monarchy, what would be the effect of -creating a new one, united and vastly more numerous and subject as -vassals to an inquisitor-general, whose power was already so great, and -who would control the property and have jurisdiction over all members, -while in case of rebellion the frontiers and strongholds would be in his -hands? This reasoning was unanswerable; Philip ordered all papers -connected with the project to be surrendered; he imposed perpetual -silence on its advocates and wrote to the ecclesiastical and secular -bodies to abandon it, for justice and protection would never be -lacking.[1205] - - * * * * * - -We shall probably do no injustice to the Inquisition in attributing to -the profits accruing from the exercise of its temporal jurisdiction the -ruthless vigor with which the tribunals sought to vindicate and extend -it. The remarks of the Visitor Cervantes with regard to Barcelona, in -1561 (p. 468), indicate how lucrative it could be made and how welcome -was the addition of fees and fines to the somewhat meagre salaries of -the officials. This explains the reckless violence which became habitual -in the conduct of quarrels, because this not only was an assurance to -the parties concerned as to the vigor with which they were defended, but -it also served to discourage the secular authorities from resisting -encroachments. It also explains the multiplication of the unsalaried -officials such as familiars, commissioners and their notaries, -assessors, deputies etc., which no laws or Concordias or regulations -could restrain, for each one was a possible source of profit to the -tribunal and a probable cause of disturbance in his vicinage, through -the comfortable assurance of immunity from the law. - -[Sidenote: _EVILS OF THE SYSTEM_] - -The natural result of this was that unprofitable business was neglected -for profitable, and the suppression of heresy was postponed to the trial -of civil and criminal cases which yielded fees. We have seen how -Cervantes reported that in Barcelona this seemed to be the real duty of -the tribunal and that there was nothing else to be attended to; his -animadversions produced no amendment and, in 1567, de Soto Salazar -repeated the complaint.[1206] This continued unchecked. The project of -reform presented to the Suprema, in 1623, expresses the wish that other -tribunals would follow the example of Saragossa, where one of the -inquisitors was delegated every four months to conduct this business, so -that prisoners on trial for heresy could have their cases despatched and -not be kept languishing interminably in prison, which, as we shall see, -was one of the sorest abuses inflicted on them.[1207] This pious wish -was fruitless and the records of the Inquisition for the following -century show how large a portion of its activity was devoted to these -cases and to the competencias incessantly springing from them. - -One feature which aggravated the oppression in these matters, especially -in civil suits, was not only the favoritism which inevitably inclined -the tribunal to the side of its own people, but the fact that the -inquisitors were usually strangers, unfamiliar with the local laws and -customs peculiar to each province, which they presumed to interpret and -enforce. This justified the frequent demands that inquisitors should be -natives--demands which received no attention, for the appointing power -thought only of their qualifications as judges of the faith while, to -the mass of the population, their duties in this respect were of small -account in comparison with their activity in their temporal -jurisdiction. Another well-grounded source of complaint was that the -inquisitorial habits of secrecy could not be wholly overcome; the -parties and their counsel were not allowed to be present, as in the -royal courts; witnesses were examined by the inquisitor on lists of -interrogatories furnished to him, and there was no cross-examination; -written arguments were presented to him which he handed to the other -side for reply and the procedure, in both civil and criminal cases, was -assimilated as nearly as might be to the secret trials for heresy which -was the inquisitorial ideal of the dispensation of justice. The cases -were decided by the inquisitors in session together, on a majority vote. -In the sixteenth century there was no appeal to the Suprema, even when -the vote was not unanimous, but, in 1645, a writer assumes that either -side could appeal.[1208] - -We have seen how tenaciously the kingdoms of Aragon struggled against -the evils of the system. Castile felt them equally but it had not the -same institutions and could only remonstrate. The Córtes of Madrid, in -1607-8, represented that those of 1579 and 1586 had petitioned for the -reform of the abuses arising from the temporal jurisdiction of the -Inquisition to the great injury of the kingdom; that Philip II had -promised relief, but had died without granting it, and therefore the -request was now repeated in view of the increasing evils. Especially was -attention called to the cruelty of imprisoning ordinary offenders, for -the people could not distinguish and imagined all prisoners to be -heretics, thus entailing infamy upon them and disqualifying them for -marriage, wherefore it was asked that they be confined in the public -gaols. Philip III promised to do what was proper and of course did -nothing. The Córtes of 1611 repeated the petition, with similar lack of -result.[1209] - -[Sidenote: _EVILS OF THE SYSTEM_] - -The Council of Castile, the highest tribunal in the land, in a consulta -of 1631, represented forcibly the existing evils, especially the -prodigal use of censures under which corregidores and other magistrates -lay under excommunication for months together, while individuals were -impoverished by the long delays in settling competencias. It urged the -remedy of permitting appeals to the Council _por via de fuerza_, in -cases not of faith and this it repeated in 1634, 1669 and 1682.[1210] -More outspoken was a memorial presented, in 1648, to Philip by a member -of the Council, on the abuses of the criminal jurisdiction, those in -civil cases being treated in a separate paper. The writer alludes to -having repeatedly made the same representations orally and in writing; -he dwells upon the interminable delays and other obstacles which impede -justice and discourage sufferers from seeking it. The resultant immunity -creates audacious criminals; the number of familiars and of soldiers who -never serve in the field has increased so greatly that nothing is seen -but crimes and the offenders are unpunished. Everywhere men of the most -dissolute type and the largest fortunes seek appointment so as to enjoy -immunity; the royal revenues are defrauded and prohibited goods are -imported, while no corregidor or alcalde dares to curb them, for they -are at once excommunicated by the inquisitors, even to casting -interdicts over whole communities. Those who suffer remain without -redress, so that those who are able are led to take it into their own -hands, for they can get it nowhere else. Justice is trampled under foot; -there is no alguazil who dares to make an arrest, or scrivener to draw -up papers, so many have been slain or wounded for so doing and the death -of an alguazil is held at naught, as though the officers of justice were -common enemies. If the king would re-establish the jurisdiction of the -royal courts there would be an end to the excommunications with which -the inquisitors defend their delinquents, as though they were vessels of -the Temple; the time of the Councils and of the king would not be -consumed by these perpetual competencias and the plagues would cease -wherewith God afflicts these kingdoms for the injustice, the violence -and the dissolute life of the people.[1211] - -These warnings and remonstrances fell on deaf ears. The Suprema was -skilled to work upon the piety of the king, and to promise him relief -from perils if he would placate God by increasing the privileges of the -Inquisition, the very existence of which depended upon its ability to -protect its familiars from the law and from the universal hatred in -which they were held. - -After the fall of Inquisitor-general Nithard, there was a bustling -attempt to check the enormous evils admitted to exist. In 1677 Carlos II -deprecated the abuses common, both in excessive charges and in forcing -his pious subjects to submit by censures which deprived them of the -consolations of religion. He declared excommunication to be illegal in -matters connected exclusively with laymen and temporal possessions, and -forbade its employment, a command which he addressed to the Suprema in -1678 with directions to enforce it and which he repeated in 1691, but -without effect.[1212] Then a more comprehensive effort was made to -effect a radical reform. In 1696, Carlos was induced to assemble what -was known as the Junta Magna, consisting of two members each of the -Councils of State, of Aragon, of Castile, of Italy, of Indies and of -Orders. The decree creating it recites the disturbance and interference -with justice, the continual collisions and competencias between the -Inquisition and the courts over question of jurisdiction and privileges, -and the necessity of establishing some fixed principles and rules to -avert these troubles for the future and to preserve the Holy Office in -the love and reverence of the people, without its interfering in matters -foreign to its venerable purpose. The Junta was to meet at least once a -week and it was furnished with materials from the records of all the -Councils, through which it obtained a thorough insight into the evils to -be remedied. These labors resulted in a memorial known as the Consulta -Magna, drawn up by Doctor Joseph de Ledesma of the Council of Castile. - -[Sidenote: _EVILS OF THE SYSTEM_] - -It constituted a terrible indictment of the abuse, by the Inquisition, -of the temporal jurisdiction bestowed on it by the sovereigns, with -ample proof of flagrant cases and incidents. Then followed a -consideration of possible remedies, of which the most indispensable was -declared to be the prohibition of censures, which were so formidable -that no one could resist them. Persons arrested for offences not of -faith should be confined in the royal prisons to save them from the -indelible disgrace of the secret prison. The _recurso de fuerza_ should -be admitted when excommunication was used in temporal cases. The _fuero_ -should be withdrawn from the servants and commensals of officials whose -insolence gave occasion to arrests and censures causing dissensions that -scandalized the whole kingdom. It was admitted that familiars now gave -little trouble, save in Majorca, where there was no Concordia, but the -salaried officials were the source of infinite contention and they -should be put on the footing of familiars. A grievance of the greatest -magnitude was the interminable delay in the settlement of competencias, -during which prisoners languished in confinement and excommunicates -could not obtain absolution; this could be averted if the Concordias and -royal orders were enforced. As all attempts to curb the Inquisition had -proved useless, and in spite of them it had continually increased its -abuses, the ultimate remedy of depriving it wholly of the royal -jurisdiction might be found necessary, but meanwhile these milder -measures might be tried in hope of relief.[1213] These proposed -remedies, it will be seen, were moderate enough and in no way limited -the Inquisition in its ostensible functions as the preserver of the -faith. - -This was the most formidable assault that the Inquisition had -experienced, coming as it did from the combined forces of all the other -organizations of the State, under the auspices of the king, but it was -easily averted. Llorente tells us that Inquisitor-general Rocaberti, -working through the royal confessor Froilan Diaz, who was ex-officio a -member of the Suprema, and also Rocaberti's subject in the Dominican -Order, succeeded in inducing Carlos to consign the consulta to the limbo -in which reposed so many previous memorials.[1214] The manner in which -this was effected was simple enough. In 1726 Don Santiago Augustin Riol -drew up for Philip V a report on the creation and organization of the -state councils, in which he states that the consulta was submitted to -the Council of Castile for its action; this was delayed by the illness -of the governor of the Council; when he returned to duty the matter was -forgotten and the consulta disappeared so completely that, when Philip V -called for it, in 1701, no copy could be found in the archives, as -appeared from a certificate furnished by the archivist.[1215] - - * * * * * - -This narrow escape did not teach moderation. In 1702 the Valencia -tribunal refused even to join in a competencia over a case in which it -entertained a suit brought to collect the interest on a censo, by the -widow of an alguazil mayor as guardian of her children. It was in vain -that the regent of the Audiencia pointed out that, under the Concordia -of 1568, the widow of an official only enjoyed the fuero as defendant -and not as plaintiff and that the children had no claim whatever, and -cited precedents that had been so decided; the tribunal was stubborn and -would not even admit that the question could be carried up to the -Suprema and Council of Aragon for decision.[1216] It was not long after -this, however, that the Suprema was obliged to admit that reforms in the -methods of the Holy Office were essential. In its carta acordada of June -27, 1705, is embodied a rebuke of the recklessness with which the -tribunals undertook the defence of their officials, resulting in the -universal complaints of the abuse of its jurisdiction, so that it was -popularly said that everything was made a _caso de Inquisicion_, to the -disrepute of its officials and their families. Therefore, unless the -jurisdiction was indisputable, the Suprema must be consulted before -assuming the defence, amicable adjustments must always be sought and -friendly relations be maintained with the royal officials, thus avoiding -competencias which ordinarily arose from passionate conflicts over -trifles.[1217] - -[Sidenote: _CURTAILMENT OF PRIVILEGES_] - -These were wise admonitions to which as usual scant attention was paid, -but in time the tribunals were made to recognize the change which had -come in with the Bourbons. There was a highly illustrative case in 1720, -at Toledo, where Don Pedro Paniagua, contador or auditor of the -tribunal, received in October twenty sacks of cocoa from Cadiz. In the -intricate details of the Spanish system of internal imposts, it would be -impossible now to say whether he had observed the formalities requisite -in the transmission of merchandise, but the local authorities assumed -that there was a violation of law and also an infraction of quarantine, -imposed in August, owing to an epidemic in Marseilles. The corregidor -was prompt; at 2 A.M. of the day following the arrival of the cocoa, he -searched Paniagua's country house and at 9 A.M. his town house and -sequestrated the cocoa. The inquisitors responded by imprisoning the -civic guards who had been employed. A fortnight later, another visit -paid to Paniagua's house showed that five sacks of the sequestrated -article had been removed, whereupon he was confined in the royal prison. -Then the inquisitors proceeded against the corregidor and alcalde mayor -with censures, and aggravated them so energetically that in twenty-four -hours they had an interdict and _cessatio a divinis_ in four parishes of -the city. These active demonstrations, however suited to the seventeenth -century, were out of place in the eighteenth. As soon as news of them -reached Madrid, hurried orders were despatched by the Suprema to remove -the interdict, absolve the officials and release the guards, and when -the formal report came from the tribunal the orders were repeated, with -the addition that the senior inquisitor should start for Madrid within -twenty-four hours. Prior to receiving this the inquisitors had written -to Inquisitor-general Camargo lamenting his abandonment of them and the -dishonor inflicted on the tribunal; they blushed to be accomplices in -this ruin and they tendered their resignations. The answer to this was -sending the senior Inquisitor of Madrid to take charge of the tribunal, -with orders to the two remaining inquisitors to report in Madrid but, -on learning that they had obeyed the first orders, they were allowed to -remain in Toledo. - -How strong had been the pressure exerted on the Suprema to produce this -action may be inferred from a protest in which, a month later, it poured -forth to Philip V its bitterness of soul. The corregidor had violated -the privileges and immunities of the Inquisition; the inquisitors had -been perfectly justified in their action, although too speedy in -aggravating the censures; they had been humiliated, while the corregidor -and his underlings were boasting of their triumph over the Inquisition -and of depriving it of the rights granted by the popes and the kings of -Spain. The Suprema therefore asked that the senior inquisitor be allowed -to return to Toledo, that Paniagua be released by the hands of the -inquisitors, that his cocoa be restored and that the corregidor and -alcalde mayor be duly punished. This accomplished nothing and two months -later it again appealed to the king for the release of Paniagua and the -restoration of the senior inquisitor, but this time it professed its -zeal to see that in future the tribunals should practise more -moderation.[1218] The lesson was a hard one, but it had a still harder -one, in 1734, when Philip decided that a salaried official should be -tried by the ordinary courts.[1219] - -Step by step the old-time privileges were being curtailed. Soon after -the accession of Fernando VI, some trouble arose at Llerena over the -taxation of familiars. It seems to have been aggravated in the usual -manner and, when it reached the king, it was of a character that induced -him to issue a decree, October 5, 1747, by which the Council of Castile -was given jurisdiction over the officials of the Inquisition. This -called forth a heated remonstrance, dated November 1st, which must have -proceeded from the Inquisitor-general Prado y Cuesta, for no other -subject would have dared thus to address his sovereign. The writer tells -him that the decree is unworthy of his name and his faith, nor is it -well that the world should see him, in the first year of his reign, -discharge such a thunderbolt against the Holy Office, such as it had -never received since its foundation, leaving it prostrated by the shock. -He affirms before God, and would wish to write it with his blood, that -the service of Jesus Christ and the prosperity of the king and his -kingdoms require that the decree be returned to the royal hands, without -a copy being allowed to remain.[1220] - -Although this decree was not effective as to the salaried officials, the -Inquisition was falling upon evil days. It no longer inspired the -old-time awe; it was no longer striving to extend its prerogatives, but -was fighting a losing battle to maintain them. A writer of about this -period deplores its decadence; its commissioners and familiars serve -without pay and the only reward for their labors and the cost of making -their proofs of limpieza is the exemptions of pure honor granted by the -kings, but now scarce one of these is observed and no fit persons seek -the positions, although they are much needed, for there are not a tenth -part of those allowed by the Concordias.[1221] There is probably some -truth in this, for Inquisitor-general Prado y Cuesta, in appointing, at -the request of the tribunal of Valencia, Fray Vicente Latorre as -_calificador_ or censor, asks why, when there are so many learned canons -and professors in Valencia, who formerly were eager in seeking the -position, it had now fallen so greatly in estimation.[1222] - -[Sidenote: COMPETENCIAS] - -It was difficult for the Inquisition to reconcile itself to the -tendencies of the age and several cases, about this time, in which the -tribunal of Valencia refused even to admit competencias, asserting that -its combined ecclesiastical and royal jurisdictions rendered it the sole -judge of all that concerned its officials, show that the old spirit -still lingered and found expression whenever it dared.[1223] Carlos III, -however, was even more assertive of the royal prerogative than his -brother Fernando. We have seen his orders of 1763 concerning municipal -and police regulations which included the prohibitions of carrying -concealed weapons and exporting money, in all of which familiars were -wholly removed from the jurisdiction of the Inquisition, and in 1775 a -competencia in Córdova caused him emphatically to order the inviolable -observance of this decree.[1224] All this led to the change in the -commissions of familiars as regards carrying arms, which was brought -about, in 1777, by the authorities of Alcalá la Real and Seville -refusing to register commissions issued by the tribunals of Toledo and -Seville, because they were not in accordance with the new regulations. -In place, as of old, of blustering and coercing the magistrates, the -Suprema collected from all the tribunals the formulas employed by them -and framed a new one, phrased in a very different spirit and in -accordance with the royal edicts.[1225] - - * * * * * - -That the endless quarrels which we have been considering ought to be -settled in an amicable manner was so self-evident that, from an early -period, persistent efforts had been made to accomplish it, resulting in -the "competencia" so frequently alluded to above. Originally it would -seem that there was no established procedure and that the Inquisition -settled for itself all questions arising with the magistrates. After the -first opposition had been broken down these were not numerous, until the -attribution of the fuero to the officials, and the enormous -multiplication of familiars and other unsalaried officers, gave occasion -for collisions with the courts. The earliest attempt that I have met to -provide a method of settlement is a cédula, issued about 1535 by the -empress-regent in the absence of Charles V, ordering that, when there -was a dispute about jurisdiction, the president and judges of the royal -court should meet the inquisitors and arrange matters harmoniously, so -that it should not be known that there had been a difference between -them. It was in conformity with this that, in 1542, when Joaquin de -Tunes was tried in Barcelona for the murder of Juan Ballell, a familiar, -the inquisitor, Miguel Puig, held a conference with the regent and -judges of the royal chancellery, prior to the arrest, and the custody of -the accused was settled without difficulty. It was impossible, however, -to preserve peace between classes mutually jealous, and we have seen (p. -435) the troubles which Prince Philip endeavored to settle by the cédula -of May 15, 1545. This favored the royal jurisdiction and produced -complaints from the Suprema as when, in 1548, it represented to Charles -V that in Granada the judges made the cédula a pretext to intervene in -the business of the tribunal, whenever any one made a complaint, -requiring the inquisitors to interrupt their work and come to the -Audiencia, when they were ordered not to proceed and, if this was -disobeyed, the judges raised a great disturbance. All this would cease -if the old rule were restored that any one feeling aggrieved must -appeal to the Suprema where he would get justice.[1226] Prince Philip's -cédula of 1553 settled this as far as concerned matters of faith, but -neither it nor the Castilian Concordia of the same year could prevent -disputes over the immunities of the officials and familiars which the -Inquisition was persistently endeavoring to extend. The Concordia, -however, endeavored to provide for the settlement of these by the -process described above (p. 436) which became technically known as -competencia. It is remarkable that, in the Valencia Concordia of 1554, -there is no such provision, but in that of 1568, for the Aragonese -kingdoms, it appears in the slightly different form that the regent of -the Audiencia and the senior inquisitor should consult and endeavor to -come to some agreement. If they could not do so, the regent was to send -his side of the case to the Council of Aragon and the inquisitor his to -the Suprema, when the king would arrange how the matter should be -decided.[1227] The two formulas were combined in practice and remained -the established method of settling conflicts of jurisdiction. - -This should have produced peace but we have seen that it only gave -occasion for fresh subjects of discord. The inquisitors were restive -under any restraint on their arbitrary methods and already in 1560, a -carta acordada of November 14th warns them that they are not to proceed -with censures against the judges, when the latter offer competencias, -but are to send the papers to the Suprema and await the result, under a -penalty of twenty ducats for every infraction of the rule.[1228] The -inquisitors however avoided competencias as far as they could and, when -obliged to concede them, the opportunity was taken of humiliating the -royal judges and make them feel their inferiority in a manner most -galling to men so tenacious of the respect due to position and so -insistent on courtesy. When de Soto Salazar reports of the inquisitors -of Barcelona that, when they had occasion to notify the lieutenant of -the king or the regent of the Audiencia, they sent a messenger to summon -him and then kept him waiting in the antechamber and that sometimes they -called the judges before them and scolded them without cause, we can -readily appreciate the intensity of the hatred thus excited.[1229] - -[Sidenote: _COMPETENCIAS_] - -So, when the Inquisition established its formula for competencias, they -were sedulously framed to be as arrogantly insulting as possible. The -first mandate inhibits peremptorily the judge from action and orders him -to remit the case to the tribunal within twenty-four hours. If an arrest -has been made the prisoner is to be discharged on bail to present -himself before the inquisitors and any property seized or sequestrated -is to be released. If the secular judge has any reason to allege to the -contrary he is to present himself in person or by procurator to the -tribunal, which will render justice, and all this is under holy -obedience and the threat of major excommunication and a heavy fine. If -there are any papers in the case the scrivener is ordered to surrender -them, and the accuser or plaintiff is to appear within a time specified -and receive justice, in default of which the case will be heard without -him and without further notice. Then, if a reply is made to this -alleging reasons for not obeying, a second mandate is issued pronouncing -them insufficient and ordering the first one to be obeyed within a -specified time under the above penalties. If the judge then proposes a -competencia, a mandate is sent to him reciting the previous ones and -saying that, to avoid, troubling the higher powers, he is ordered to -surrender all papers and suspend all action, or the excommunication and -fine will be enforced on his person and property. The next mandate -accepts the competencia, states that the tribunal is ready to forward -its papers and orders the judges to send their side within twelve days, -adding a threat of excommunication and fine if any additional testimony -be taken in the case. All this is phrased in the most mandatory fashion -as of a superior addressing a subordinate and all these missives are -ordered to be returned to the tribunal. If, after a competencia was -formed, the familiar or official accepted the jurisdiction of the -secular court, he was deprived of his commission. As we have frequently -seen, there was no hesitation, at any stage of the proceedings, to -excommunicate the judges, to anathematize them and to lay an interdict -on the city, followed by a _cessatio a divinis_.[1230] - -In addition to the gratification of thus humiliating the magistrates, -there was also in this truculence the object of rendering the process so -offensive as to make them shrink from resisting the encroachments of the -Inquisition. When this failed the tribunal had abundant sources of -annoyance in raising interminable questions of precedence and -formalities, which were sometimes fought so bitterly and long as -virtually to supersede the original case. The points that could be -raised were endless. In 1602, the Count of Benavente, then Viceroy of -Valencia, issued letters ordering a conference over the arrest of -Gerónimo Falcon; the tribunal surrendered him, admitting that the case -did not pertain to it, but demanded that the viceroy and chancellery -should cancel the letters on their records and, on refusal, it -excommunicated the regent. The matter was carried up to the Suprema and -Council of Aragon, when the king decided that the letters must be -expunged and it was done in presence of a secretary of the Inquisition. -The same humiliation had been inflicted on the count's father, when he -was viceroy, and also on the Duke of Segorbe.[1231] - -This arrogance continued until Carlos III, in his decree of 1775, -informed the Inquisition that the royal jurisdiction which it exercised -was on precisely the same level as that of his judges and magistrates; -there must be entire equality between them; all threats of -excommunication and fines must be abandoned; there must be free -interchange of papers, mutual courtesy and no assumption of superiority. -It was difficult for the tribunals to abandon the formulas which -flattered their vanity and a second command was necessary, issued in -1783, on the occasion of a prolonged conflict of the Valencia tribunal -with the alcalde of Consentaina. This finally produced obedience and the -Suprema transmitted the royal order to Valencia with instructions for -its observance.[1232] - - * * * * * - -[Sidenote: _MODERATION UNDER THE RESTORATION_] - -While this doubtless diminished the exasperation of these conflicts, it -did not check their frequency. They continued to be a constant source of -trouble and it was from a desire to diminish this, as well as to extend -its authority, that the Suprema, in 1806, forbade the tribunals from -instituting them without submitting the case to it and receiving its -approval.[1233] When, under the Restoration, the Inquisition was -revived, in 1814, the officials naturally claimed the fuero, active and -passive, civil and criminal, and Fernando VII, in the decision of a -case carried up to him from Seville, announced, February 15, 1815, in no -uncertain tones, that they should be protected in its enjoyment, but the -cases appear to be rare and the aggressive spirit had disappeared.[1234] -When, in Seville, the creditors of Francisco de Paula Esquivol -complained of him to the tribunal, in place of defending him, it -promptly dismissed him, June 27, 1815, an action which was confirmed by -the Suprema.[1235] Even more significant was a case, in 1816, when in -Seville Lorenzo Ayllon abused a priest while celebrating mass and -endeavored to seize the sacrament, and the secular authorities arrested -and proceeded to try him. In such a case there could be no question as -to the jurisdiction of the Inquisition, but there was no disturbance, -and when the tribunal claimed his transfer to the secret prison the -Suprema interposed and ordered that he should be allowed to remain in -the public gaol, a detainer being lodged to prevent his discharge during -his trial--a concession to the royal jurisdiction which would have -petrified Pacheco or Arce y Reynoso.[1236] - -There was the same disposition to avoid coming to extremes with the -spiritual courts. In 1816 the provisor of the see of Tuy prosecuted -Joseph Metzcler for impious, execrable and sacrilegious blasphemies. The -tribunal of Santiago applied, in a courteous note, to the provisor for -the papers and received a reply without signature. This the Suprema -directed it to return and explain that there was no desire to invade the -episcopal jurisdiction, but as the blasphemous propositions and acts of -Metzcler might be heretical, of which the Inquisition had exclusive -cognizance, it must insist on seeing the evidence to extract what -appertained to it, after which the papers would be returned. It seems to -have obtained the evidence for, on October 15, 1817, it voted to -imprison Metzcler, as soon as his trial by the provisor should be ended, -but the Suprema instructed it not to wait for this, as the jurisdiction -of the Inquisition was privileged.[1237] - - * * * * * - -There was one peculiarly irritating feature in the position of the -Inquisition in these quarrels, which exacerbated them greatly and often -neutralized all efforts to maintain harmony--the power which it -arrogated to itself of refusing to form competencias on the ground that -its rights were too clear to admit of debate. Thus it held that the -salaried and titular officials, with their families and servants, were -so wholly beyond all secular jurisdiction that it refused to entertain -any proceedings in contest of their claims. It was in vain that Philip -III, by a royal letter of 1615, declared that if inquisitors refused a -conference, on the ground that the matter was too clear to justify it, -the regent of the chancellery should form a competencia and forward the -papers as usual.[1238] It was equally useless for Philip IV to decree, -in 1630, that when a contention was started by either party, the other -must entertain it, no matter how clear it might be, under pain, for a -first offence, of five hundred ducats and, for a second, of suspension -during the royal pleasure. To ensure the imposition of the fine, each -Council was to give the other faculties for its collection from -offenders, but, when the Suprema forwarded this decree to the tribunals, -with orders for its strict observance, it added significantly that it -did not apply to cases of salaried and titular officials, though no such -exception was made in the decree. It knew that Philip would never summon -courage to enforce his law and it was right. When, in 1633, the Council -of Aragon endeavored to collect such a fine, the Suprema interposed, -asserting that it could only be done by consent of both Councils, which -was, in effect, to invalidate the law, and Philip himself violated it, -in 1634, when Augustin Vidal, messenger of the tribunal of Valencia, was -arrested by the royal court for the murder of Juan Alonso Martínez, a -Knight of Santiago and Bayle of Alicante. The tribunal demanded him and -refused a competencia, when Philip weakly ordered him to be surrendered -"for this time and without prejudice to my royal jurisdiction."[1239] - -[Sidenote: _REFUSAL OF COMPETENCIAS_] - -The Inquisition carried its point. Philip, by decisions of 1645 and -1658, admitted that there could be no competencias in the case of -salaried officials and the Suprema enforced these decisions by a carta -acordada of August 7, 1662, pointing out that they must not be -entertained where such officials were concerned; at the same time -tribunals were warned to exercise moderation and not to employ censures -without consulting it, unless delay was inadmissible.[1240] Even Philip -however had to intervene against the consequences of his own acts, in -1664, when the portero of the tribunal of Logroño killed in his house a -priest, apparently through jealousy. The alcalde mayor prosecuted the -murderer and arrested his wife; the tribunal excommunicated the alcalde -and cast an interdict on the town. The Council of Aragon formed a -competencia and claimed that during it the censures should be raised -according to custom, but the Suprema refused on the ground that there -could be no competencia. Philip was appealed to and ordered the censures -raised for the unanswerable reason that as judges under excommunication -could not hold their courts, if it were allowed thus to paralyze all -judicial business it would have arbitrary control over all cases and -frustrate all legal remedies.[1241] This decision was disregarded. It -seems extraordinary that any community would endure for centuries the -indefinite stoppage of the administration of justice, constantly -occurring through the reckless abuse of the power of excommunication, as -when, in 1672, we find the queen-regent applying to the -inquisitor-general to know how she is to answer the complaints of the -town of Logroño at the prolonged suspension of the powers of the -corregidor who lay under excommunication, seeing that there is no -conclusion of the competencia which has been so long pending.[1242] - -The Inquisition evidently aggravated as far as it could the public -distress as a means of establishing its claims. In an effort to limit -the abuse of refusing competencias, there was a junta formed, in 1679, -from the Suprema and Council of State with the assistance of some -theologians. This admitted that there could be no competencia in the -cases of salaried officials, except when they held public office and -were prosecuted for malfeasance, but it laid down the rule that, when -the Suprema refused a competencia, the Council of State could appeal to -the king who could appoint a junta to decide this secondary question. A -limited time was allowed to the Suprema to state its reasons for refusal -and during a competencia the accused was to be liberated on bail and -all censures were to be raised.[1243] This removed some of the -hardships, but the Suprema seems to have sought to evade it by sullenly -refusing to form the juntas with the Royal Councils, for another decree -of Carlos II ordered it to attend when summoned so that these affairs -might be settled.[1244] It was in vain that, in 1730, the Council of -Castile urged that competencias be admitted in all cases, for Philip V -decided that the agreement of 1679 should stand.[1245] Probably not much -was gained in the latest attempt to settle these perennial quarrels by -Carlos IV in 1804, who ordered that when a conflict arose between a -royal court and a tribunal, in a matter not of faith concerning an -official, the court should refer the case to the governor of the Royal -Council and the tribunal to the Suprema. These should then select an -examiner who was to report to the Secretaría de Gracia y Justicia for -the royal decision.[1246] - - * * * * * - -[Sidenote: _PROTRACTED DELAYS_] - -The evils of the system were admitted on all hands, but it was so -vicious in principle that remedies were impossible. The customary juntas -of two members each from the Suprema and the Council of Castile or of -Aragon was at best a clumsy device, onerous on the Councils and usually -leading only to procrastination. To systematize it, in 1625, a permanent -Junta Grande de Competencias was formed of two members from each -Council, whose duty it should be to despatch all cases, and rules for it -were framed in April, 1626, but it was short-lived. In 1634 Philip IV -ordered the formation of a junta of two members each of the Suprema and -Council of Castile to formulate a plan of relief, but, on June 9th of -that year, the Suprema reported that it had never been able to -accomplish a meeting of the Junta. Then, in 1657, the Junta Grande was -resuscitated and we meet with an allusion to it in 1659, but it appears -to have been abandoned soon afterwards.[1247] Ingenuity was at fault to -alleviate the evils inseparable from the permanent antagonism between -the rival jurisdictions. Of these evils the one most keenly felt was -the interminable delay in the settlement of cases. The councils from -which the members were drawn were crowded with their more legitimate -business; there was rarely accord in the junta; the matter would be -argued without expectation of agreement; each side would be obstinate; -perhaps the case would be referred to the king or years would pass -before a settlement would be reached; perhaps, indeed, it would be -silently dropped without a decision, especially when a decision might be -undesirable because one or both sides feared a troublesome precedent. -Meanwhile the case remained petrified in the condition existing at the -time the competencia was formed. Until the so-called Concordia of 1679 -permitted the release of prisoners on bail, if any one had been -arrested, he remained in prison, perhaps to die there as sometimes -occurred. In 1638 the Inquisition complained of this, when its officers -happened to be the prisoners, for competencias were always slow of -settlement and the work of the tribunals was crippled for lack of their -ministers, while their poverty precluded their giving adequate salaries -to substitutes.[1248] It was not until 1721 that a remedy for this -procrastination was sought by Philip V in a decree reciting the long -delays and the frequency of cases remaining undecided by reason of a -dead-lock in the junta, wherefore in future when a junta was formed, he -was to be notified in order that he might appoint a fifth member, thus -assuring a majority.[1249] It does not seem however that this -accomplished its purpose and, when Carlos III consolidated the cumbrous -framework of government by instituting the _Junta de Estado_, composed -of the ministers of the several departments, Floridablanca enumerates, -among the benefits accruing, the expediting of cases of competencia and -avoiding the interminable delays caused by the etiquette of the -tribunals and the intrigues of the parties concerned.[1250] - - * * * * * - -I have dwelt thus in detail on this subject, not only because it -absorbed so large a portion of the activity of the Inquisition, but -because of its importance in the relations between the Holy Office and -the other institutions of Spain and in explaining the detestation which -the Inquisition excited. If the people regarded it as a whole with awe -and veneration, as the bulwark of the Catholic faith, their hatred was -none the less for its members, and the perpetual struggle against the -tremendous odds of its power, supported by the unflinching favor of the -Hapsburgs, bears equal testimony to the tenacity of the Spanish -character and to the magnitude of the evils with which the Inquisition -afflicted the nation. - - - - -CHAPTER V. - -POPULAR HOSTILITY - - -The preceding chapters illustrate some of the causes that provoked -popular hatred of the Inquisition, but these were by no means all. It -enjoyed, as we have said, enthusiastic support in the exercise of its -appropriate functions in defending the faith, but apart from this, it -had infinite ways of exciting hostility. This was the inevitable result -of entrusting irresponsible power to men, for the most part overbearing -and arrogant, who owed obedience only to the Suprema and who early -learned that, while it might disapprove of their acts, it always -supported them against complaints and, while it might administer rebuke -in secret, it hesitated long before it would compromise the asserted -infallibility of the Holy Office by dismissal or any other public -demonstration. There was no other power to call them to account and they -could rely upon its indulgence. This indulgence they extended to their -subordinates, over whom, indeed, they had not the power of removal, and -the consequence was that the whole body thoroughly earned the -detestation of the people by the abuse of their privileges, creating -irritation which was none the less exasperating because its causes might -be trivial. The situation finds expression in a carta acordada of -October 12, 1561, in which the Suprema begs the tribunals, for the love -of God, to inflict no wrong or oppression for, since they are accused -when they do right, what is to be expected when they give just grounds -of complaint?[1251] - -Whether just or not, grounds of complaint were never lacking. The power -of the inquisitor had practically scarce any bounds but his own -discretion, and the temptation to its abuse was irresistible to the kind -of men who mostly filled the position. In the memorial of Llerena to -Philip and Juana, in 1506, complaint is made that the officials seized -all the houses that they wanted and in one case, when some young orphan -girls did not vacate as quickly as ordered, they fastened up the -street-door and the occupants were obliged to make an opening in order -to leave it.[1252] The same spirit was shown to parties not quite so -defenceless in 1642, when its exhibition in Córdova nearly provoked a -disastrous tumult. There was a vacant house which Juan de Ribera, one of -the inquisitors, talked of renting, but he went to Murcia without taking -it. On his return he found that it had been leased to a son of Don Pedro -de Cardenas, one of the veinticuatros, or town-councillors. He sent for -Cardenas and asked whether he knew that he had engaged the house. -Cardenas professed ignorance, adding that, if he had not moved his -family into it, he would abandon it. Ribera ordered him to leave it and, -on his refusal, the tribunal took up the quarrel by serving on him a -notice to quit. As he did not obey, it cited him to appear and forced -him to give security. His kinsmen and friends rallied around him and -promised to sustain him by force; the matter became town-talk and the -tribunal felt its honor engaged to sustain its commands by violence. It -assembled the two companies of soldiers which it kept in the alcázar, -while the caballeros armed themselves and guarded the house. The -corregidor appealed to the tribunal not to drench the city in blood by -exposing the poor civic militia to the swords of the gentlemen, and it -consented to carry the matter to the king. The Council of Castile -ordered that the tenant be maintained in possession, while the Suprema -instructed the tribunal not to yield a jot, but to eject him by whatever -means it could.[1253] What was the outcome does not appear, but the case -illustrates the extent to which the Inquisition magnified its powers and -the determination with which it employed them. - -[Sidenote: _ABUSES_] - -It was impossible to prevent these lawless abuses. The Suprema might -scold and threaten but, as it rarely punished and always protected the -offenders, its restraining efforts amounted to little. The -_visitadores_, or inspectors, duly reported disorders, and instructions -would be issued to reform them, but to these the inquisitors paid little -respect. There is no reason to suppose that the Barcelona tribunal was -worse than any other and a series of reports of visitations there gives -us an insight into the evils inflicted on the people. In 1544, Doctor -Alonso Pérez sent in a report in consequence of which the Suprema -roundly rebuked all the subordinates, except the judge of confiscations. -All but two were defamed for improper relations with women; all -accepted presents; all made extra and illegal charges; all neglected -their duties and most of them quarrelled with each other. The fiscal was -especially objectionable for his improper conduct of prosecutions and -for appropriating articles belonging to the tribunal; he refused to pay -his debts; he arrested a candle-maker for not furnishing candles as -promptly as he demanded; when a certain party bought some sheep from a -peasant and was dissatisfied with his bargain, the fiscal cited the -peasant, asserted that the purchase money was his and forced the peasant -to take back the sheep and return the money. Yet the Suprema was too -tender of the honor of the Holy Office to dismiss a single one of the -peccant officials. It ordered them to be severely reprimanded, a few -debts to be paid and presents to be returned and uttered some vague -threats of what it would do if they continued in their evil -courses.[1254] - -The natural result of this indulgence appears in the next visitation by -the Licenciado Vaca, in 1549. The same abuses were flourishing, with the -addition that the inquisitor, Diego de Sarmiento, had accepted the -position of commissioner of the Cruzada indulgence and had appointed as -its preachers and collectors the commissioners and familiars of the -tribunal, to the great oppression and vexation of the people, whose -dread of the Holy Office prevented complaints. Sarmiento was dismissed -in 1550, but in 1552 he was reappointed to Barcelona; the fiscal and -notary, who were specially inculpated, were suspended for six months and -the gaoler, for ill-treatment of prisoners, was mulcted in one month's -wages.[1255] In 1561 another visitation was made by Inquisitor Gaspar -Cervantes, whose report was exceedingly severe on the disorders of the -tribunal and drew from the Suprema an energetic demand for their -reform.[1256] This produced no amendment, the tribunal went on -undisturbed until the complaints of the Córtes of 1564 led to another -and more searching investigation by de Soto Salazar, in 1566. There were -not only abuses of all kinds in the trials of heresy but numerous cases -in which, as the Suprema told them, they had no jurisdiction. Apparently -they were ready to put their unlimited powers at the disposal of all -comers and imprisoned, fined and punished in the most arbitrary manner, -gathering fees, commissions and doubtless bribes and selling injustice -to all who wanted it, while the dread of their censures prevented -opposition or remonstrance. In these cases which were not of faith, the -accused were often seized in the churches, where they had sought asylum, -as though they were wanted for heresy and the repeated instances in -which the Suprema orders their names stricken from the records points to -one of the most cruel results of this reckless abuse of jurisdiction, -for it inflicted on the sufferer, his kindred and posterity, an infamy -unendurable to the Spaniard of the period. The long and detailed missive -which the Suprema addressed to the tribunal, as the result of Salazar's -report, gives a most vivid inside view of the abuses naturally springing -from unrestrained autocracy, which, by the absolute and impenetrable -secrecy of its operations, was relieved from all responsibility to its -victims or to public opinion. The Suprema takes every official in turn, -from inquisitors down to messengers, specifies their misdeeds and scores -them mercilessly, showing that the whole organization was solely intent -on making dishonest gains, on magnifying its privileges and on -tyrannizing over the community, while the defence of the faith was the -baldest pretext for the gratification of greed and evil passions. Yet -all this was practically regarded as quite compatible with the duties of -the Inquisition. The three inquisitors, Padilla, Zurita and Mexia, were -suspended for three years and were then sent to repeat their misdeeds -elsewhere and the two former were in addition fined ten ducats -apiece.[1257] That an institution possessing these powers and exercising -them in such fashion, should be regarded with terror and detestation was -inevitable. We shall see hereafter how it shrouded all its acts in -inviolable secrecy and how it rightly regarded this as one of the most -important factors of its influence, and we can understand the mysterious -dread which this inspired, while, at the same time, it released the -inquisitor and his subordinates from the wholesome restraint of -publicity. - - * * * * * - -[Sidenote: _ABUSES_] - -The smothered hostility thus excited was always ready for an explosion -when opportunity offered to gratify it. In the desire to stimulate the -breeding of horses, a royal pragmática, in 1628, prohibited the use of -mules for coaches. The inquisitors of Logroño, in the full confidence -that no one would venture to interfere with them, persisted in driving -with mules and when the corregidor, Don Francisco Bazan, remonstrated -and threatened to seize a coach, they told him it would be his ruin. He -did not venture, but, in 1633, he procured from the Council of Castile -an order that no coaches should be used in Logroño, under pretext that -they damaged certain shops projecting on the principal street. The -fiscal of the tribunal undertook to meet this by asserting that it had a -special privilege from the king concerning coaches, but when Bazan -promised to obey, it was not forthcoming. The Suprema took up the -quarrel and represented to Philip IV the hardship inflicted on the -inquisitors, too old and feeble for the saddle; the compassionate king -endorsed on the consulta the customary formula of approval--"I have so -ordered"; the Suprema then applied to the Council of Castile for a -corresponding order and several communications passed without result. -Another consulta was presented to the king, who endorsed it "I have so -ordered again," but the Council of Castile was still evasive. Then the -Logroño authorities offered to the Bishop of Calahorra permission to use -coaches and intimated to the inquisitors that, if they would apply for a -licence, it would be given. The Suprema forbade them thus to recognize -the local magistracy, as they had royal authority, whereupon they -resumed the use of their coaches; the alguazil of the corregidor -arrested one of their coachmen and they excommunicated the corregidor. -The king, December 9, 1633, ordered him to be absolved, to which, on -December 30th, the Suprema replied that he would be absolved if he made -application. The Council of Castile presented to the king a consulta, -arguing that ecclesiastics and inquisitors alike owed obedience to the -laws and that the corregidor had acted with great moderation. February -5, 1634, the king enquired what had been done with the corregidor, but -it was not until December 16th that the Suprema condescended to reply, -complaining bitterly of the slight put upon the Inquisition, when the -whole safety of the monarchy depended upon its labors. Finally, on -February 15, 1635, the Council of Castile sent to the Suprema a licence -for the use of coaches in Logroño, at the same time intimating that its -tax of _media añata_ had not been paid. In the course of the quarrel the -Council presented a very forcible consulta to the king which exhibits -the light in which the Inquisition was regarded by the highest -authorities of the State. It represented that everywhere the -inquisitors and their officials, under color of privileges that they did -not possess, were causing grave disorders. They were vexing and -molesting the corregidors and other ministers of the king, oppressing -them with violent methods and frightening them with threats of -punishment in order to deter them from defending the royal jurisdiction. -Thus crimes remained unpunished, justice became a mockery and the king's -vassals were afflicted with what they were made to suffer in their -honor, their lives, their fortunes and their consciences.[1258] - -[Sidenote: _ABUSES_] - -Trivial quarrels such as this, developed until they distracted the -attention of the king and his advisers, were constantly breaking out and -bear testimony to the antagonistic spirit which was all-pervading. A -long-standing cause of dissension in Logroño may be taken as a type of -what was occurring in many other places. Local officials there, as -elsewhere, had a perquisite in the public _carnicería_, or shambles, of -dividing among themselves the _vientres_ or _menudos_--the -chitterlings--of the beasts slaughtered. It was not unnatural that the -inquisitors and their subordinates should seek to share in this, but the -claim was grudgingly admitted, as it diminished the portions of the town -officers, and it led to bickerings. In 1572 Logroño complained to the -Suprema that, while it was willing to give to each inquisitor the -_menudo_ of a sheep every week, the inferior officials, down to the -messengers, claimed the same and, when there was not enough to go round, -they caused the slaughter of additional sheep, in order to get their -perquisite. As the population was poor, living mostly on cow-beef, and -meat would not keep in hot weather, this caused much waste, wherefore -the town begged that during the four hot months the inferior officials -should be content with what the town officers received and during the -other eight months it would endeavor to give them more. To this the -Suprema graciously assented, but, in 1577, there was another outbreak, -to quiet which the Suprema ordered the enforcement of the agreement. In -1584 trouble arose again and still more in 1593 and in 1601 it reached a -point at which the tribunal summoned all the staff of the carnicería and -scolded them roundly, giving rise to great excitement. Then in 1620 -there was a worse outbreak than ever, owing to the refusal of the -regidor to give to one of the inquisitors two pairs of sheep's stones -asked for on the plea that he had guests to breakfast. The angry -inquisitor, thus deprived of his breakfast relish, induced the tribunal -to summon the regidor before it and severely reprimand him, thus not -only inflicting a grave stigma on him, but insulting the town, of which -it complained loudly to the Suprema.[1259] It is easy to understand how -trifles of the kind kept up a perpetual irritation, of which only the -exacerbations appear in the records. - -The privileges of the markets, in fact, were a source of endless -troubles. It was recognized that both secular and ecclesiastical -officials were entitled to the first choice and to be served first. -Those of the Inquisition claimed the same privilege, not only in cities -where there was a tribunal, but also where the scattered commissioners -and notaries resided. That this was frequently resisted is shown by the -formula of mandate to be used in such cases, addressed to the corregidor -or alcaldes, setting forth that the rights in this respect of the -aggrieved party had not been respected and that in future he should have -the first and best (after the secular and ecclesiastical officials had -been served) of all provisions that he required, at current prices, and -this under penalty of twenty thousand maravedís, besides punishment to -the full rigor of the law.[1260] It does not appear that there really -was any legislation entitling the Inquisition to this privilege, but in -the frequent troubles arising from its assertion, the inquisitors acted -with their customary truculence. A writer, in 1609, who deprecates these -quarrels, suggests as a cure that the king issue a decree that the -representatives of the Inquisition shall have preference in purchasing -and, at the same time, he tells of a case in Toledo where a regidor, who -told the steward of the tribunal to take as many eggs as he wanted, but -no more, was arrested and prosecuted, and of another in Córdova, where a -hidalgo, who had bought a shad and refused to give it up to an -acquaintance of a servant of an inquisitor, was punished with two -hundred lashes and sent to the galleys.[1261] In 1608 the Suprema issued -an injunction that purveyors of inquisitors should take nothing by -force, the significance of which lies rather in the indication of -existing abuses than in its promise of their removal.[1262] The claim of -preference was pushed so far that in Seville, in 1705, there arose a -serious trouble because the servant of an inquisitor detained boat-loads -of fish coming to market, in order to make his selection, and it -required a royal cédula of March 26, 1705, forbidding inquisitors to -detain fish or other provisions on the way, or to designate by -_banderillas_ the pieces selected for themselves.[1263] When we consider -the character of the slaves and servants thus clothed with authority to -insult and browbeat whomsoever they chose, in the exercise of such -functions, we can conceive the wrath and indignation stored up against -their masters in the thousands of cases where fear prevented an -explosion. It is true that the Suprema issued instructions that all -purveyors should behave themselves modestly and give no ground of -offence and that no one should be summoned or imprisoned for matters -arising out of provisions, but as usual these orders were disregarded. -Insolence would naturally elicit a hasty rejoinder which, as reported by -the servant to his master, would imply disrespect towards the Holy -Office, and severe punishment would be justified on that account. - - * * * * * - -Perhaps less irritating but more serious in its effects was the use made -of the fuero by those engaged in trade. Inquisitor-general Deza, in -1504, issued a stringent prohibition against any salaried official -having an interest, direct or indirect, in any business. Daily -experience, he said, showed how much opprobrium and disturbance it -brought upon the Inquisition, wherefore he decreed that it should, _ipso -facto_, deprive the offender of his position and subject him to a fine -of twenty thousand maravedís; he should cease to be an official as soon -as contravention occurred and the receiver, under pain of fifty ducats, -should cut off his salary. All officials cognizant of such a case should -notify the inquisitor-general within fifteen days, under pain of major -excommunication, and this order was to be read in all tribunals in -presence of the assembled officials.[1264] - -[Sidenote: _OFFICIALS AS TRADERS_] - -The severity of this regulation indicates the recognized magnitude of -the evil, and its retention in the compilation of Instructions shows -that it was considered as remaining in force. Like all other salutary -rules, however, it was slackly enforced from the first and the Catalans -took care to have the prohibition embodied in the bull _Pastoralis -officii_. It gradually became obsolete. A royal decree of August 9, -1725, in exempting from taxation the salaries of officials of the -tribunal of Saragossa, adds that, if they possess property or are in -trade, those assets are taxable, showing that their ability to trade was -recognized.[1265] How aggravating was the advantage which they thus -enjoyed can be gathered from a Valencia case of about 1750. Joseph -Segarra, the contador of the tribunal, entered into partnership with -Joseph Miralles, a carpenter, to bring timber from the Sierra de Cuenca. -In the settlement Segarra claimed from Miralles a balance of 1779 -libras; they entered into a formal agreement to accept the arbitration -of Doctor Boyl, but Segarra rejected the award and Miralles sought to -enforce it in the royal court. Then the tribunal intervened, asserting -the award to be invalid because Segarra could not divest the Inquisition -of its jurisdiction and it refused the request of the regent for a -conference and a competencia.[1266] Evidently it was dangerous to have -dealings with officials; they always had a winning card up the sleeve, -to be played when needed. - -As regards the great army of familiars, it was of course impossible to -prevent them from trading. In fact traders eagerly sought the position -in view of the advantages it offered of having the Inquisition at their -backs, whether to escape payment of debts or to collect claims or to -evade customs dues, or in many other ways, not recognized by the -Concordias but allowed by the tribunals. The Suprema occasionally warned -the inquisitors not to appoint men of low class, such as butchers, -pastry-cooks, shoemakers and the like, or traders whose object was -protection in their business,[1267] but no attention was paid to this; a -large portion of the familiars was of this class, and the space occupied -in the formularies by forms of levy and execution and sale and other -similar matters shows how much business was brought to the tribunals by -the collection of their claims.[1268] The opportunities thus afforded -for fraudulent dealings, for evading obligations and for enforcing -unjust demands were assuredly not neglected and may be reckoned among -the sources of the animosity felt for everyone connected with the Holy -Office. - -In the remarkable paper presented, in 1623, to the Suprema by one of its -members, many of the abuses of the Inquisition are attributed to the -indifferent character and poverty of the officials. It would be well, -the writer says, to appoint none but clerics, holding preferment to -support themselves and unencumbered with wife and children. They would -not, when dying, leave penniless families, which obliges the -inquisitor-general to give to the children their fathers' offices, thus -bringing into the tribunals men who cannot even read; an increase of -salaries, also, would relieve them of the necessity of taking bribes -under cover of fees, and thus would put a stop to the popular murmurs -against them. The inquisitors moreover should have power of removal, -subject to confirmation by the Suprema, for now their hands are tied; -their subordinates are unruly and uncontrollable. The greatest injury to -the reputation of the Holy Office arises from its bad officials, who -recognize no responsibility. No one should be appointed to office, or as -a familiar, who is a tailor, carpenter, mason or other mechanic; it is -these people who cause quarrels with the secular authorities, for they -have little to lose and claim to be inviolable. In short, if we may -believe the writer, the whole body of the tribunals, except the -inquisitors, was rotten; none of the officials, from the fiscals down, -were to be trusted, for all were eagerly in pursuit of dishonest gains, -robbing the Inquisition itself and all who came in contact with it, and -to this he attributed its loss of public respect and confidence.[1269] - -[Sidenote: _COMPLAINTS OF FEUDALISM_] - -Matters did not improve, for the Suprema always defended the tribunals -from all complaints, and its tenderness towards delinquents assured them -of virtual impunity. At length, as we have seen, in 1703, Philip V made -an attempt at reform. It was probably owing to this pressure that, in -1705, the Suprema issued a carta acordada prohibiting a number of -special abuses and pointing out that, in regard to the proprieties of -life, neither inquisitors nor officials obeyed the Instructions, -consorting with improper persons and intervening in matters wholly -foreign to their duties, thus rendering odious the jurisdiction of the -Holy Office.[1270] From various incidents alluded to above it is -evident that this produced little amendment but, when the vacillation -of Philip V was succeeded by the resolute purpose of Carlos III and his -able ministers, the power of the Inquisition to oppress was greatly -curbed. - - * * * * * - -It was not alone the commonalty that had reason to complain of the -extended jurisdiction claimed by the Inquisition. The feudal nobles, -whose rights were already curtailed by the growth of the royal power, -were restive under the interjection of this new and superior -jurisdiction, which recognized no limitations or boundaries and -interfered with their supremacy within their domains. Thus in 1553, the -Duke of Najera complained that, in his town of Navarrete, the -commissioner of the Inquisition had insulted his alcalde mayor and then, -with some familiars, had forcibly taken wheat from his alguazil. -Inquisitor-general Valdés wrote to the tribunal of Calahorra to -investigate the matter and punish the officials if found in fault; the -alcalde and alguazil were not to be prosecuted save for matters -pertaining to the Inquisition and this not only in view of its proper -administration but because he desired to gratify the duke.[1271] - -A still more serious cause of complaint, to which the nobles were fully -alive, was the release of their vassals from jurisdiction by appointment -to office. In 1549, the Countess of Nieva appealed to Valdés, setting -forth that Arnedo was a place belonging to the count; it was within -three leagues of Calahorra and there had never been a familiar there -until recently Inquisitor Valdeolivas had appointed some peasants in -order to enfranchise them from the jurisdiction of their lord. It was -not just that, while the count was absent from the kingdom on the king's -service, his peasants should be thus honored in order that they might -create disturbance in the villages and interfere with the feudal -jurisdiction.[1272] It may well be doubted whether her request for the -revocation of the commissions was granted, but that her prevision of -trouble was justified is seen in a case before the tribunal of -Barcelona, in 1577, in which Don Pedro de Queral, lord of Santa Coloma, -a powerful noble of Tarragona, endeavored to secure the punishment of -two of his vassals, Juan Requesens, a miller, and his cousin Vicente. -They were both familiars and seem to have been the leaders of a -discontented opposition which rendered Don Pedro's life miserable. The -trees in his plantations were cut down, his arms, over the door of his -bayle in Santa Coloma, were removed and defaced, libellous _coplas_ -against him were scattered around the streets, but the cousins, being -familiars, were safe from his wrath. Don Pedro died but the trouble -continued between his widow, the Countess of Queral and a new generation -of Requesens, who succeeded to their fathers' office of familiars. -Finally, in 1608, she succeeded in convicting Juan Requesens of -malicious mischief, but her only satisfaction was that he was -reprimanded, warned and sentenced to pay the costs, amounting to 115-1/2 -reales.[1273] Such a case shows how feudalism was undermined and we can -conceive how nobles must have writhed under the novel experience of -rebellious vassals clothed with inviolability. - -[Sidenote: _PERSISTENT ANTAGONISM_] - -It is easy therefore to understand the detestation felt for the -Inquisition by all classes--laymen and ecclesiastics, noble and simple. -It was fully aware of this and constantly alleged it to the king when -defending the tribunals in their quarrels, and when urging enlarged -privileges as a protection against the hatred which it had excited. In -its appeals against the curtailment of its jurisdiction in Aragon, it -did not hesitate to admit that it had been hated there from the -beginning and that its officials were so abhorred that they would not be -safe if exposed to secular justice and, even as late as 1727, it -repeated the assertion of the persistent hostility of the -Aragonese.[1274] In Logroño, the inquisitors reported to the Suprema, in -1584, that it was a common saying among the people that their life -consisted in discord with the tribunal and that it was death to them -when there was peace.[1275] It was the same in Castile. The Córtes, in -1566, when encouraging Philip II to constrain the Flemings to admit the -Inquisition, gave as a reason that his success there was necessary to -the peaceful maintenance of the institution in Spain, thus intimating -that, if the Flemings rejected it, the Castilians would seek to follow -their example.[1276] In the same year the familiars alleged that the -detestation in which they were held led them to be singled out for -especial oppression in the billeting of troops and, in 1647, the -Suprema declared that nothing seemed sufficient to repress the hatred -with which they were regarded, in support of which it instanced an -unjust apportionment, in Cuenca, of an assessment of a forced -loan.[1277] This hostility continued to the last, even though the -decadence of the Inquisition in the eighteenth century diminished so -greatly its powers of oppression. A defender of the institution, in -1803, commences by deprecating the hatred which had pursued it from the -beginning; even in the present age, he says, of greater enlightenment, -there is crass ignorance of its essential principles and a mortal -opposition to its existence.[1278] - - * * * * * - -Thus, notwithstanding the Spanish abhorrence of Jews and heretics, the -dread which the Inquisition inspired was largely mingled with -detestation, arising from its abuse of its privileges in matters wholly -apart from its functions as the guardian of the faith. - - - - -APPENDIX. - - -I. - -LIST OF TRIBUNALS. - -The permanent tribunals of the Spanish Inquisition were Toledo, Seville, -Valladolid, Corte (Madrid), Granada, Córdova, Murcia, Llerena, Cuenca, -Santiago (Galicia), Logroño and Canaries, under the crown of Castile, -and Saragossa, Valencia, Barcelona and Majorca under the crown of -Aragon. In addition were Sicily, Sardinia, Mexico, Lima and Cartagena de -las Indias, which lie beyond the scope of the present work. - -This distribution of the forces of the Inquisition was not reached until -experience had shown the most effective centres of action. Numerous more -or less temporary tribunals were erected and many changes occurred in -the apportionment of territory. The following list makes no pretension -to absolute completeness but contains the result of such allusions as I -have met in the documents. - - * * * * * - -ALCARAZ. For some years there was a tribunal fixed at Alcaraz. In 1495 -Alonso Hernandez, presented for a canonry, is qualified as Inquisitor of -Alcaraz and, in 1499, Alonso de Torres is appointed as inquisitor -there.[1279] - -ARMY AND NAVY. The fleet organized for the Catholic League which won at -Lepanto seemed to require a tribunal to preserve it from heresy and -Philip II procured from Pius V a brief of July 23, 1571, authorizing the -inquisitor-general to appoint an inquisitor for each army of Philip II, -whether by land or sea.[1280] The first appointment under this seems to -have been Rodrigo de Mendoza, Inquisitor of Barcelona, whose commission -as _Inquisidor de las Galeras_ is dated March 21, 1575, together with -one for his notary, Domingo de Leon, and instructions as to his -duties.[1281] He was succeeded by Gerónimo Manrique, who celebrated an -auto de fe in Messina. After him was Doctor Juan Bautista de Cardona, -but merely as commissioner, who served for two years, when Páramo, -writing in 1598; tells us that the fleets were scattered and the office -ceased to exist.[1282] If so, it was revived for, in 1622, we are told -that Fray Martin de Vivanco, chaplain of the galleys of Sicily, was -appointed _Inquisidor del Mar_ and, in 1632, it is stated that when a -_Principe del Mar_ was appointed he took with him an inquisitor and -officials and all prisoners arrested by them were delivered to the -nearest tribunal when the galleys made port.[1283] - -In later times the inquisitor-general was "Vicario géneral de los Reales -Ejercitos de Mar y Tierra" and as such appointed sub-delegates to -accompany the army, with the necessary powers. The _jurisdiccion -castrense_ enjoyed by military men did not exempt them in matters of -faith from the Inquisition, but the _subdelegados castrenses_ seem to -have possessed no judicial powers, and debate arose, in 1793 and again -in 1806, whether they or the episcopal Ordinaries should be called in to -vote with the inquisitors in the cases of soldiers.[1284] - -AVILA. When Torquemada built his convent of San Tomas in Avila he -provided accommodations for an Inquisition and, in 1590, the prisoners -accused of the murder of the Santo Niño de la Guardia were transferred -thither from the tribunal of Segovia for trial. It continued to exist -for some years and had connection with Segovia, for, June 9, 1499, -Francisco González of Fresneda and Juan de Monasterio were appointed -inquisitors of Avila and Segovia, residing sometimes in one city and -sometimes in the other.[1285] - -[Sidenote: _TRIBUNALS_] - -BALAGUER. There were autos de fe celebrated in Balaguer, August 15, 1490 -and June 10, 1493, but these were held by the inquisitors of Barcelona -as they did in Tarragona, Gerona, Perpignan and other places in their -district. In 1517, however, there would seem to be a tribunal there for -a letter of the Suprema relates to the murder of the assessor of the -Inquisition of Balaguer. If so, it was probably withdrawn in consequence -for, in 1518, the inquisitors of Barcelona are ordered to publish -edicts against those who molest the clergy of Balaguer for observing the -interdict cast upon the town.[1286] - -BARBASTRO. As early as 1488 there was a tribunal with inquisitors at -Barbastro, but, in 1521, it was suppressed and incorporated with -Saragossa.[1287] - -BARCELONA. Established in 1486. It claimed jurisdiction over the free -Republic of Andorra, which was included by Arevalo de Zuazo in his -visitation of 1595. Long after Roussillon and Cerdagne had been -retroceded to France, the Barcelona inquisitors in 1695 still styled -themselves "Inquisidores Apostólicos ... en el Principado de Cataluña y -su partido, con los Condados do Rosellon y Cerdaña y los Valls de Aran y -Andorra."[1288] See LÉRIDA, TARRAGONA, TORTOSA, BALAGUER. - - -BURGOS. There was originally a tribunal in Burgos but, in the -redistricting by Ximenes it was included in Valladolid. In 1605, Philip -III transferred the tribunal to Burgos, with orders to the inquisitors -to eject any occupants of buildings that they might find suited to their -purposes. In 1622 it was still rendering yearly reports of cases to the -Suprema but, probably about 1630, it returned to Valladolid. When, in -1706, Madrid was captured by the Allies under Galloway and Las Minas, -the court fled to Burgos, carrying the Inquisition thither, but its stay -was short and it soon returned to the capital.[1289] - -CADIZ. See XERES. - -CALAHORRA. A tribunal was established here as early as 1493, when it -celebrated an auto at Logroño. In 1499 it alternated between Calahorra -and Durango. In the redistricting by Ximenes in 1509 it was incorporated -with Durango, but was soon re-established. Cédulas of 1516, 1517, and -1520 indicate that at this time it was the tribunal of the enormous -district of Valladolid, but in 1522 the Inquisition of Navarre was -extended over Calahorra; then Navarre and Calahorra were separated, but -in 1540 there was a redistribution, and Navarre and the Basque Provinces -were added to Calahorra. In 1560 a part of the territory of Burgos was -set off from Valladolid and added to Calahorra and, in 1570, the seat of -the tribunal was definitely moved to Logroño, _q. v._[1290] - -CALATAYUD. Calatayud was the seat of an intermittent tribunal at least -from the year 1488 for, in 1502, Ferdinand speaks of Joan de Aguaviva -who for fourteen years had served it as barber-surgeon whenever it -resided in Calatayud and one of the first presentations to a prebend, in -1488, was Martin Márquez, described as fiscal of the Inquisition of -Calatayud. A letter of the Suprema, Jan. 22, 1519, addressed to the -"Inquisitor of Calatayud" shows that it was still in existence, but it -must soon afterwards have been merged into Saragossa.[1291] - -CANARIES. The zeal of Diego de Muros, Bishop of Canaries, did not wait -for the extension of the Spanish Inquisition over his diocese, but led -him to establish an episcopal one by proclamation of April 28, 1499. It -was not until 1504 that Inquisitor-general Deza sent Bartolomé López de -Tribaldos thither to establish a tribunal at Las Palmas, which seems to -have commenced business Oct. 28, 1505. It continued thus to the -end.[1292] - -CARTAGENA. See MURCIA. - -CIUDAD REAL. A letter of Ferdinand, Nov. 8, 1483, announces the -appointment of Licenciados Costana and de Balthasar as inquisitors for -Ciudad Real. May 10, 1485, Ferdinand announces the transfer of Costana -to Toledo, to which place the tribunal was removed.[1293] - -CÓRDOVA. A tribunal was established in Córdova as early as 1482, at the -instance of its bishop, the New Christian Alonso de Burgos. Its district -comprised the bishoprics of Córdova and Jaen, the Abadía de Alcalá la -Real, the Adelantamiento of Cazorla, with Ecija and Estepa, to which -Granada was added after the conquest.[1294] See GRANADA and JAEN. - -[Sidenote: _TRIBUNALS_] - -CORTE. The tribunal of Madrid was technically known as _Corte_. Madrid, -originally a town of no special importance, belonged to the province of -Toledo and was naturally under the jurisdiction of its tribunal. As the -royal residence under Philip II and eventually the capital of the -kingdom (except during the brief transfer to Valladolid, 1600-1606) it -furnished a large part of the business of Toledo. Toledan inquisitors -came there to make investigations and even to try cases, of which we -have examples in 1590 and 1592.[1295] Something more than this was felt -to be needed and the Suprema adopted the plan of calling inquisitors -from other places to commence prosecutions and act under its -instructions, of which the Licenciado Flores, Inquisitor of Murcia, in -1593, and Cifontes de Loarte, Inquisitor of Granada, in 1615, are -examples.[1296] The presence of the inquisitor-general who did not -hesitate to take action in emergencies, and that of an experienced -commissioner, together with the frequent sojourn of one of the Toledo -inquisitors enabled speedy action to be taken when requisite, as -occurred in 1621 and again in 1624 and seemed to render superfluous the -organization of a special tribunal.[1297] - -Yet the want of it was felt, especially with the influx of Portuguese -New Christians who multiplied in the capital. As the pressure increased -Toledo furnished two assistant inquisitors to reside in Madrid, thus -establishing a kind of subordinate court, but in 1637 it was reported -that the establishment of a tribunal was positively resolved upon, with -the added comment that this would sorely vex the Toledans.[1298] To -their natural opposition is doubtless to be attributed the postponement -of what, to a Spaniard of the period, would seem a necessity to the -capital. It cannot have been long after this that one was organized for, -in the matter of the confiscation of Juan Cote, commenced in Toledo, we -find it, September 10, 1640, sitting in Madrid, with Francisco Salgado -and Juan Adam de la Parra as inquisitors. In the same year they -suggested that the case of Benito de Valdepeñas, on which they were -engaged, should be sent to Toledo as more convenient for the witnesses, -which was accordingly done.[1299] Toledan influence is doubtless -responsible for the action of Arce y Reynoso, soon after his accession -in 1643, in suppressing the new tribunal and restoring the business to -Toledo.[1300] The pressure, however, became too great and Arce y Reynoso -was obliged to reverse his action. The date of the re-establishment may -safely be assumed as 1650, for a list of penitents, reconciled by Corte -from the beginning, starts with three in 1651 and their trials can -scarce have been commenced later than 1650.[1301] Yet the relations -between Toledo and Madrid continued intimate; in 1657, Lorenzo de -Sotomayor styles himself as "Inquisidor Apostólico de la Inquisicion de -la Ciudad y Reyno de Toledo y asistente de Corte;" to the end of the -century the former always alluded to Corte as a _despacho_ or office and -not as a tribunal, and Corte seems to have sent its convicts to Toledo -for their sentences to be published in the autos de fe.[1302] Its -jurisdiction was strictly limited to the city, while the surrounding -country remained with Toledo. In some respects its organization was -peculiar. About 1750 we are informed that its inquisitors were drawn -from other tribunals who continued them on their pay-rolls, their places -being taken by appointees who served without salary until a vacancy -occurred. Selection to serve in Corte was regarded as a promotion, -leading to a place in the Suprema or to a bishopric, although the -incumbent drew only the salary from his former tribunal with a Christmas -_propina_ of a hundred ducats. It had no receiver; the Suprema paid its -expenses and presumably collected its fines and confiscations.[1303] - -[Sidenote: _TRIBUNALS_] - -CUENCA. Murcia and Cuenca were originally under one tribunal. Some -trouble apparently arose, possibly connected with the episcopal -Ordinaries, for Ximenes ordered, January 22, 1512, that cases -originating in Murcia should be taken to Cuenca to be voted on and vice -versa. Llorente says that in 1513 they were separated and Cuenca formed -an independent tribunal, but documents as late as 1519 show them still -connected, until, in 1520, we find Cuenca celebrating an auto. A letter -of March 7, 1522, states that the pope has given to Cuenca the see of -Sigüenza, without taking it from Toledo, because Toledo has never -visited it although ordered to do so, and is not to do so in future. -Then, May 31, 1533, the Suprema says that Toledo can exercise -jurisdiction there without giving Cuenca cause of complaint, and, in -1560, Sigüenza was restored to Toledo, yet in 1584 we find Cuenca -exercising jurisdiction as far north as Soria. There would seem to have -been some connection maintained between Murcia and Cuenca for, in 1746, -the former, in enumerating its personnel, specifies nine calificadores -in Murcia and four in Cuenca.[1304] - -DAROCA. There would appear to have been for a time a tribunal in Daroca -for, in the accounts of Juan Royz, receiver of Aragon, for 1498 there is -an item of expenditure on the prison of the Inquisition there, which was -duly passed.[1305] - -DURANGO. See CALAHORRA. As defined by Ximenes, in 1509, Durango had -jurisdiction over Biscay, Guipúzcoa, Alava and Calahorra, with some -neighboring districts.[1306] - -ESTELLA. See NAVARRE. - -GALICIA, also known as SANTIAGO. The earliest allusion to this tribunal -occurs in a commission issued at Coruña, May 20, 1520, to Doctor Gonzalo -Maldonado as Inquisitor of Santiago. It was probably some time before -the tribunal was in working order but in 1527 it had caused sufficient -alarm for the Suprema to write to João III of Portugal asking for the -arrest and surrender of those who had fled from it and, in the same -year, a warrant for three hundred ducats was drawn to be distributed -among the inquisitors and officials of the Inquisition of Galicia. This -was followed by a similar payment in 1528, showing that the tribunal was -not self-sustaining.[1307] Apparently the harvest was scanty and the -tribunal was allowed to lapse, until the scare about Protestantism -called attention to the ports of the North-west as affording ingress to -heretics and their books, for we hear nothing more about it until 1562, -when Philip II, in letters of June 2nd and 26th informs the governor and -officials of Galicia that Valdés had despatched Dr. Quixano there as -inquisitor; they are no longer to prosecute cases of heresy as they have -been doing but are to lend him all aid and favor and are to allow him to -dispose as he pleases of the seats in his public functions, without -disputes as to precedence. In 1566 we hear of Bartolomé de Leon as -receiver there, which would indicate that it was at work and was making -collections.[1308] Still, it had a struggle for existence, for it was -discontinued early in 1568, but it was re-established within a few -years, if Llorente is correct in saying that its first auto de fe was -celebrated in 1573. A letter of Dr. Alva, its inquisitor, October 31, -1577, speaks of having, in the previous year, sentenced Guillaume le -Meunier, he being the only inquisitor, with the advice of a single -consultor, showing that the tribunal was sparingly equipped.[1309] In -later years it became one of the active tribunals of the kingdom. Its -district comprised Coruña, Pontevedro, Orense and Lugo. - -GRANADA. Granada, after its capture, was included in the inquisitorial -district of Córdova until, in 1526, the tribunal of Jaen was transferred -thither.[1310] - -GUADALUPE. A temporary tribunal was organized here in 1485 which during -its brief existence was exceedingly efficient (see p. 171). - -HUESCA. See LÉRIDA. - -JACA. A tribunal apparently existed here, which was annexed to Saragossa -in 1521.[1311] - -JAEN. A tribunal must have been established here about 1483, for two of -its inquisitors took part in the assembly of Seville which framed the -Instructions of 1484. It seems to have been discontinued, for September -2, 1501, Ferdinand ordered a certain Doña Beatrix of Jaen to abandon her -house to the inquisitors sent thither, and to seek other quarters until -they should finish the business that took them there. This indicates -that only a temporary tribunal was intended but the situation was -conveniently central and it was one of those retained by Ximenes in his -reorganization of 1509, when he assigned to it the districts of Jaen and -Guadix, with Alcaraz, Cazorla and Beas. It was still in existence in -1525, as shown by a royal letter of that date, but in 1526 it was -suppressed and united with Córdova, the tribunal being transferred to -Granada. In 1547, the official title of the tribunal was Córdoba y Jaen. -Rodrigo tells us that it was re-established independently in 1545, but -this is evidently an error and the name does not reappear in subsequent -lists of tribunals.[1312] - -[Sidenote: _TRIBUNALS_] - -LEON. In 1501 we hear of "inquisitors of the province of Leon," whose -district cannot have been confined to that province, for Ferdinand, -writing September 2nd to "Cousin Duke" tells him that they have occasion -to go to his city of Coria (Extremadura) and asks that they may occupy -his house while there. In 1514, also there is allusion to the receiver -and alguazil of the Inquisition of Leon.[1313] Apparently the term is a -synonym of the tribunal of Valladolid. - -LÉRIDA. The provinces of Huesca in Aragon and Lérida and Urgel in -Catalonia were united as an inquisitorial district at least as early as -1490, when we hear of "the inquisitors of Huesca and Lérida" taking -testimony. In 1498, a letter of Ferdinand, October 8th, announces the -transfer of Urgel to Barcelona. Allusions to the tribunal continue to -occur in the correspondence of Ferdinand, who, in 1502, called away the -inquisitor, as there was so little to do; Saragossa would attend to -heresy and only the financial officials need be left. It was not -discontinued however. In 1514, there was an attempt to murder the -inquisitor, Canon Antist, but in 1519 he is still addressed as -inquisitor of Lérida. In this same year, however, Charles V, in a letter -of January 22nd, speaks of the tribunals of Huesca, Tarazona and Lérida -having been united with that of Saragossa, and, when the people of -Huesca complained, in the Córtes of Saragossa, of their citizens being -carried away for trial, he ordered, under pain of a thousand florins, -that no one should interfere with the jurisdiction of the Saragossa -tribunal. October 9th an inspector reported that there was no need of a -receiver or other officials there, whereupon they were all dismissed. In -1532, however, the inquisitors of Saragossa undertook to appoint a -receiver for Lérida, but were told by the Suprema to cancel it as this -was a function of the crown.[1314] - -LOGROÑO. In 1570, as we have seen, the tribunal of Calahorra was shifted -to Logroño, which, in 1690, defines its territory as the whole kingdom -of Navarre, the bishopric of Calahorra and la Calzada, Biscay, -Guipuzcoa, Burgos along the mountains of Oca and the sea-coast as far as -San Vicente de la Barquera, thus comprising the modern provinces of -Navarre, Guipuzcoa, Biscay, Santander, Alava, Logroño and a large part -of Burgos.[1315] - -LLERENA. Originally Extremadura and Leon were combined. In 1500, Enrique -Paez is receiver for the sees of Plasencia, Coria and Badajoz and the -Province of Leon. In 1509 Ximenes assigned to Llerena as its district, -Plasencia, Coria, Badajoz and the lands of the military Orders, but as -late as 1516 it is spoken of as the Inquisition of Leon, Plasencia, -Coria and Badajoz. Its original seat was Llerena but, in 1516, it was -transferred to Plasencia and the receiver was ordered to sell the houses -purchased at Llerena for the prison because others will be wanted for -the purpose at Plasencia. It was migratory, however and, in 1520, the -people of Ciudad Rodrigo, Coria and Merida were notified that it was -about to leave Plasencia and wherever it went accommodations must be -provided for lodgement, audience chamber and prisons. Finally it settled -permanently at Llerena and, towards the close of the sixteenth century, -Zapata speaks of it as the first tribunal of the kingdom, with the -widest jurisdiction.[1316] - -MADRID. See CORTE. - -MEDINA DEL CAMPO. The great importance of Medina del Campo as a centre -of trade rendered inevitable its selection as the seat of a tribunal at -an early period. In 1486 it was fully furnished with three inquisitors -and an assessor, the Abbot of Medina serving as Ordinary. In 1516 we -find it incorporated with Valladolid. When the court moved to -Valladolid, the buildings of the Inquisition were wanted for its -accommodation and the tribunal, in June 1601, was unceremoniously sent -to Medina, where Dr. Martin de Bustos was turned out of his house to -lodge it. Its stay was short, for in 1605, as we have seen, it was -transferred to Burgos and there is no later trace of a tribunal at -Medina.[1317] - -MURCIA, also known as CARTAGENA. See also CUENCA. Murcia was a seat of -one of the early tribunals, comprising the sees of Murcia and Cartagena. -Cuenca, which was attached to it in the redistribution by Ximenes in -1509, was separated about 1520. Oran, some time after its conquest by -Ximenes, was placed under the jurisdiction of Murcia. The see of -Orihuela, although belonging to Valencia, on its suppression about 1510, -was united to that of Cartagena and thus fell under the tribunal of -Murcia, where it remained after the restoration to episcopal honors in -1564.[1318] The tribunal of Orihuela naturally followed the same course -on its suppression. - -[Sidenote: _TRIBUNALS_] - -NAVARRE. After the conquest of Navarre, in 1512, a tribunal was -established in Pampeluna, where it did not long remain. Then, for a -short period it was transferred to Estella. In 1515 we find it in -Tudela, where Ferdinand orders the Archdeacon of Almazan to visit it as -it is in much need of reform and, soon afterwards, he asks for a -delegation of episcopal power, as Tudela was only a deanery. It was -quartered in the convent of San Francisco, to relieve which, in 1518, -the Suprema ordered appropriate buildings to be obtained. In 1521 and -1522 there was talk of removing it to Pampeluna; then it was extended -over Calahorra; soon afterwards they were separated but finally, in -1540, they were united and so remained. Soon after the transfer to -Logroño we find the tribunal describing itself as "en todo el Reyno de -Navarra, Obispado de Calahorra y la Calzada y su distrito."[1319] - -NAVY. See ARMY. - -ORAN. Páramo tells us that when Ximenes conquered Oran he commissioned -Fray Yedra as inquisitor there. Llorente places this in 1516 and calls -the inquisitor Martin de Baydacar, Ximenes's provisor. At that time, -however, there could have been no tribunal there for, July 9, 1516 the -Governor Lope Hurtado de Mendoza was ordered to discover and punish -those who were impeding the sale of property for the Inquisition, work -which would have been entrusted to the tribunal had there been one. By -this time it had probably been suppressed and placed under Murcia.[1320] - -ORIHUELA. According to Llorente, Ferdinand, Aug. 7, 1507, united the -tribunal of the bishopric of Orihuela to Valencia, which would infer its -previous existence. It was reorganized in 1515, when Bishop Mercader -appointed Pedro de los Rios as inquisitor and he was sent there with a -staff of officials, and the magistrates were ordered to provide quarters -for "el tiempo que fuere menester." This indicates that the tribunal was -not expected to be permanent and it was probably not long afterwards -that it was united with Murcia, _q. v._[1321] - -OSUNA. In 1488, among the presentations to prebends is one of Pedro -Sánchez, qualified as Inquisitor of Osuna.[1322] Such tribunal can only -have been short-lived and must speedily have been incorporated with that -of Seville. - -PAMPELUNA. See NAVARRE. - -PERPIGNAN. August 9, 1495 an auto de fe was celebrated in Perpignan, but -it was held by the inquisitors of Barcelona. In 1518 there was only a -commissioner there but, in 1524, there was a tribunal, with Juan Navardu -as inquisitor and Antonio Saliteda as secretary. It was not permanent -however. In 1566, when de Soto Salazar was sent on his visitation to -Barcelona he was instructed to ascertain and report promptly details for -the benefit of the inquisitor about to be sent to Perpignan to reside -for the future and what officials should be provided for him. It is -doubtful whether this intention was carried out; in any event it was but -transitory.[1323] - -PLASENCIA. See LLERENA. - -SANTIAGO. See GALICIA. - -SARAGOSSA. Established in 1484, the tribunal gradually absorbed all the -minor tribunals, but parted with Teruel to Valencia. See BARBASTRO, -CALATAYUD, DAROCA, JACA, LÉRIDA, TARAZONA, TERUEL. - -SEGOVIA. Segovia claimed the honor of being among the earliest cities, -after Seville, to possess a tribunal, but there was no representative -from there among the inquisitors assembled to frame the Instructions of -1484, owing doubtless to the resistance of the bishop Juan Arias -Dávila.[1324] One must have been established soon afterwards for, in -1490, the prisoners accused of the murder of the Santo Niño de la -Guardia were on trial there when Torquemada transferred them to Avila. -(See AVILA.) In the redistribution by Ximenes, in 1509, Segovia was -incorporated with Valladolid, but, in 1544 and again in 1599, the -inquisitors of Toledo include it in their enumeration of their -jurisdictions.[1325] - -[Sidenote: _TRIBUNALS_] - -SIGÜENZA. A tribunal was early established in Sigüenza which must have -been busy if we may believe the statement that at an auto de fe in 1494 -it relaxed a hundred and forty-nine victims to the secular arm. In -1506, Deza dismissed the officials for the reason that it was about to -be united with Toledo, a merger ratified by Ximines in 1509. Toledo -neglected it and it was transferred to Cuenca, _q. v._ In the eighteenth -century there would appear to be some kind of subordinate tribunal -there, for about 1750, Saragossa, in a report of its personnel, states -that one of its five inquisitors is assisting at Sigüenza.[1326] - -TARAZONA. A tribunal established here in the early period was merged -into that of Saragossa in 1519.[1327] - -TARRAGONA. When, in 1643, the inquisitors of Barcelona were ejected, -they were, after some delay, sent to open their tribunal at Tarragona, -where they remained until the suppression of the Catalan rebellion in -1652.[1328] - -TERUEL. In 1485 a tribunal was established in Teruel after some -resistance. At what time it was transferred to Valencia does not appear, -but a cédula of October 2, 1502 is addressed to the inquisitors of -Valencia residing in Teruel and Albarracin, showing that it was then -subordinate to Valencia. In 1518 it was discontinued and the district -was subjected to the direct jurisdiction of the Valencian tribunal, but -Cardinal Adrian, by a provision of Nov. 21st of the same year, -transferred it to Saragossa and then, March 3, 1519 restored it to -Valencia. This was felt by Aragon as a grievance and, at the Córtes of -Monzon, in 1533 it asked that Teruel and Albarracin should be restored -to the Saragossa tribunal, but the request was peremptorily refused and -they remained subject to Valencia.[1329] - -TOLEDO. In 1485 the tribunal of Ciudad Real was transferred to Toledo. -At first the limits of its district seem not to be clearly defined for, -in 1489 the inquisitors were told to go to Guadalajara and Ferdinand -ordered the local authorities to show them favor and allow them to make -arrests. See CORTE, CUENCA, SEGOVIA, SIGÜENZA, VALLADOLID for sundry -changes in its district. In 1565 the official designation is the city -and archbishopric of Toledo, the city and bishopric of Sigüenza and the -bishoprics of Avila and Segovia, which apparently remained permanent, -except the detachment of Madrid.[1330] - -TORTOSA. For some reason the bishopric of Tortosa, although part of -Catalonia, was subject to the tribunal of Valencia. When, in 1697, -Vendôme captured Barcelona, the tribunal emigrated to Tortosa and -established itself in the Colegio Imperial. Although peace was declared -soon afterwards it remained in Tortosa at least until 1700 and -presumably stayed until the conclusion of the War of Succession, when it -was reinstated in Barcelona in 1715.[1331] - -TUDELA. See NAVARRE. - -VALENCIA. The old Inquisition of Valencia was reorganized in 1484, and -continued to the end. As seen above, it parted with Orihuela to Murcia, -obtaining Teruel and Albarracin from Saragossa and Tortosa from -Barcelona. - -[Sidenote: _TRIBUNALS_] - -VALLADOLID. A tribunal was assigned to Valladolid in 1485, but did not -get into working order until 1488. After this it was suspended to be -revived in 1499, as appears from a letter of Isabella, Dec. 24, 1498. -The northern provinces of Spain were comparatively free from heresy and -Ximenes, in his reorganization of 1509, assigned to Valladolid the -enormous district comprising the sees of Burgos, Osma, Palencia, -Segovia, Avila, Salamanca, Zamora, Leon, Oviedo and Astorga and the -abbeys of Valladolid, Medina del Campo and Sahagun. In 1516 the -enumeration is the same except the omission of Zamora and the addition -of Ciudad Rodrigo and Calahorra. Roughly speaking, it may be assumed to -comprise the whole of the provinces of Old Castile, Leon and Asturias. -Valdés, August 8, 1560, repeated April 12, 1562 made over the whole of -this to Toledo, but the grant can only have been temporary for, in 1565 -the Toledan inquisitors described themselves as of the city and -archbishoprics of Toledo, the city and bishopric of Sigüenza, with the -bishoprics of Avila and Segovia, and in 1579 we find the inquisitors of -Valladolid styling themselves inquisitors of the kingdoms of Castile and -Leon and the principality of Asturias. This enormous district it -continued to retain, subject to the easternmost portion detached to -Calahorra or Logroño and to its translation in 1601 to Medina del Campo -and thence to Burgos, from which it returned to Valladolid, probably -about 1630.[1332] - -XERES. In 1495, Rodrigo Lucero is described as Inquisitor of Xeres. In -1499 the sovereigns appointed Alonso de Guevara Inquisitor of Cadiz and -Xeres. The tribunal continued there for some time. In 1515 Ferdinand -alludes to Luis de Riba Martin "our late receiver in the Inquisition of -Xeres," who in dying had left to the treasury a legacy of 30,000 mrs. -for the relief of his conscience.[1333] I have met no later reference to -it and probably it was soon afterwards merged into the tribunal of -Seville. - - -II. - -LIST OF INQUISITORS-GENERAL. - - 1483. Thomás de Torquemada. Appointed in 1483. Died Sept. 16, 1498. - - 1491. Miguel de Morillo is also inquisitor-general in 1491. - - _Additional Inquisitors-general, Appointed in 1494._ - - 1494. Martin Ponce de Leon, Archbishop of Messina. Died in 1500. - - Iñigo Manrique, Bishop of Córdova. Died March 4, 1496. - - Francisco Sánchez de la Fuente, Bishop of Avila. Died Sept., 1498. - - Alonso Suárez de Fuentelsaz, Bishop of Jaen. Resigned in 1504. Died - Nov. 5, 1520. - - 1498. Diego Deza, Archbishop of Seville. Commissioned Nov. 24, - 1498, for Castile, Leon and Granada, and Sept. 1, 1499, for all - Spain. Resigned in 1507. Died July 9, 1523. - - _Separation of Inquisitions of Castile and Aragon._ - - - _Castile._ - - 1507. Francisco Ximenes de Cisneros, Cardinal and Archbishop of - Toledo. Commissioned June 5, 1507. Died Nov. 8, 1517. - - - _Aragon._ - - 1507. Juan Enguera, Bishop of Vich (of Lérida in 1511). - Commissioned June 6, 1507. Died Feb. 14, 1513. - - 1513. Luis Mercader, Bishop of Tortosa. Commissioned July 15, 1513. - Died June 1, 1516. - - Fray Juan Pedro de Poul, Dominican Provincial of Aragon, also - commissioned by Leo X. Died in 1516. - - 1516. Adrian of Utrecht, Cardinal and Bishop of Tortosa. - Commissioned Nov. 14, 1516. - -[Sidenote: _LIST OF INQUISITORS-GENERAL._] - - - _Reunion of Inquisitions of Castile and Aragon._ - - 1518. Cardinal Adrian of Utrecht. Commissioned March 14, 1518. - Elected to papacy Jan. 9, 1522. Continued to act until his - departure for Rome from Tarragona Aug. 4, 1522. - - 1523. Alfonso Manrique, Cardinal and Archbishop of Seville. - Commissioned Sept. 10, 1523. Died Sept. 28, 1538. - - 1539. Juan Pardo de Tavera, Cardinal and Archbishop of Toledo. - Appointed June 10, 1539. Commissioned Nov. 7, 1539. Took possession - Dec. 7, 1539. Died Aug. 1, 1545. - - 1546. Francisco García de Loaysa, Archbishop of Seville. - Commissioned Feb. 18, 1546. Took possession March 29, 1546. Died - April 22, 1546. - - 1547. Fernando Valdés, Archbishop of Seville. Commissioned Jan. 20, - 1547. Took possession Feb. 19, 1547. Resigned in 1566. Died Dec. 9, - 1568. - - 1566. Diego Espinosa, Cardinal and Bishop of Sigüenza. Commissioned - Sept. 8, 1566. Took possession Dec. 4, 1566. Died Sept. 15, 1572. - - 1572. Pedro Ponce de Leon y Córdova, Bishop of Plasencia. - Commissioned Dec. 7, 1572. Did not take possession; his brief - arrived four hours after his death, Jan. 17, 1573. - - 1573. Gaspar de Quiroga, Cardinal and Archbishop of Toledo. - Commissioned April 20, 1573. Took possession May 28, 1573. Died - Nov. 12, 1594. - - 1595. Gerónimo Manrique de Lara, Bishop of Avila. Commissioned Aug. - 1, 1595. Died Nov. 1, 1595. - - 1596. Pedro de Portocarrero, Bishop of Cuenca. Commissioned Jan. 1, - 1596. Resigned in 1599. Died Sept. 20, 1600. - - 1599. Fernando Niño de Guevara, Cardinal and Archbishop of Seville. - Commissioned Aug. 11, 1599. Took possession Dec. 23, 1599. - - Resigned in 1602. Died Jan. 1, 1609. - - 1602. Juan de Zuñiga, Bishop of Cartagena. Commissioned July 29, - 1602. Died Dec. 20, 1602. - - 1603. Juan Bautista Acevedo, Royal Confessor and Patriarch of the - Indies. Commissioned Jan. 20, 1603. Died July 8, 1608. - - 1608. Bernardo de Sandoval y Roxas, Cardinal and Archbishop of - Toledo. Commissioned Sept. 12, 1608. Died Dec. 7, 1618. - - 1619. Luis de Aliaga, Royal Confessor. Commissioned Jan. 4, 1619. - Resigned in 1621. Died Dec. 3, 1626. - - 1622. Andrés Pacheco, Bishop of Cuenca. Commissioned Feb. 12, 1622. - Died April 7, 1626. - - 1627. Antonio de Zapata, Cardinal and Archbishop of Burgos, - 1600-1605. Commissioned Jan. 30, 1627. Resigned in 1632. Died April - 23, 1635. - - 1632. Antonio de Sotomayor, Royal Confessor and Archbishop of - Damascus. Commissioned July 17, 1632. Resigned June 21, 1643. Died - in 1648. - - 1643. Diego de Arce y Reynoso, Bishop of Plasencia. Commissioned - Sept. 18, 1643. Took possession Nov. 14, 1643. Died June 20, 1665. - - 1665. Pascual de Aragon, Archbishop of Toledo. A document of Oct. - 26, 1665, is drafted in his name. Resigned soon afterwards. - - 1666. Juan Everardo Nithardo, Royal Confessor and Cardinal. - Commissioned Oct. 15, 1666. Banished Feb. 25, 1669, as ambassador - to Rome. Died in 1681. - - 1669. Diego Sarmiento de Valladares, Bishop of Plasencia. - Commissioned Sept. 15, 1669. Died Jan. 29, 1695. - - 1695. Juan Thomás de Rocaberti, Archbishop of Valencia. - Commissioned Aug. 2, 1695. Died June 13, 1699. - - 1699. Alfonso Fernández de Córdova y Aguilar. Died Sept. 19, 1699, - before the arrival of his brief. - - 1699. Balthasar de Mendoza y Sandoval, Bishop of Segovia. - Commissioned Oct. 31, 1699. Resigned in 1705. Died Nov. 4, 1727. - - 1705. Vidal Marin, Bishop of Ceuta. Commissioned March 24, 1705. - Died March 10, 1709. - - 1709. Antonio Ybañez de la Riva-Herrera, Archbishop of Saragossa. - Commissioned April 5, 1709. Died Sept. 3, 1710. - - 1711. Francesco Giudice, Cardinal. Commissioned June 11, 1711. - Resigned in 1716. Died Oct. 10, 1725. - - 1715. Felipe Antonio Gil de Taboada. Commissioned Feb. 28, 1715. - Did not serve. - - 1717. Josef de Molines. Proclaimed Jan. 9, 1717, while in Rome. - Detained in Milan by the Austrians and died there. - - Juan de Arzamendi. Died without serving. - - 1720. Diego de Astorga y Cespedes, Bishop of Barcelona. - Commissioned March 26, 1720. Resigned in 1720. Died Feb. 9, 1724. - - 1720. Juan de Camargo, Bishop of Pampeluna. Commissioned July 18, - 1720. Died May 24, 1733. - - 1733. Andrés de Orbe y Larreategui, Archbishop of Valencia. - Commissioned July 28, 1733. Died Aug. 4, 1740. - - 1742. Manuel Isidro Manrique de Lara, Archbishop of Santiago. - Commissioned Jan. 1, 1742. Died Jan. 10, 1746. - - 1746. Francisco Pérez de Prado y Cuesta, Bishop of Teruel. - Appointed July 26, 1746. Commissioned Aug. 22, 1746. Died in July, - 1755. - -[Sidenote: _LIST OF INQUISITORS-GENERAL._] - - - 1755. Manuel Quintano Bonifaz, Archbishop of Pharsalia. - Commissioned Aug. 11, 1755. Resigned in 1774. Died Dec. 18, 1775. - - 1775. Felipe Beltran, Bishop of Salamanca. Appointed Dec. 27, 1774. - Commissioned Feb. 27, 1775. Took possession May 5, 1775. Died Nov. - 30, 1783. - - 1784. Agustin Rubin de Cevallos, Bishop of Jaen. Appointed Jan. 23, - 1784. Commissioned Feb. 17, 1784. Took possession June 7, 1784. - Died Feb. 8, 1793. - - 1793. Manuel Abad y la Sierra, Archbishop of Selimbria. Took - possession May 11, 1793. Resigned in 1794. Died Jan. 12, 1806. - - 1794. Francisco Antonio de Lorenzana, Archbishop of Toledo. Took - possession Sept. 12, 1794. Resigned in 1797. Died April 17, 1804. - - 1798. Ramon Josef de Arce y Reynoso, Archbishop of Saragossa. - Resigned March 22, 1808. Died in Paris, Feb. 16, 1814. - - 1814. Xavier Mier y Campillo, Bishop of Almería. Took possession in - August, 1814. In a series of documents he ceases to appear about - June, 1818, and for some months the Suprema acts as in a vacancy. - - 1818. Gerónimo Castellon y Salas, Bishop of Tarazona. The earliest - document in which I have met his signature is dated Oct. 21, 1818. - He had no successor and died April 20, 1835. - - [Illustration: _Signature of the Last Inquisitor-general._] - - - - -III. - -SPANISH COINAGE. - -The question of values has significance in so many of the operations of -the Inquisition that an outline of the successive mintages of Spain -becomes almost a necessity. The subject is complicated, after the middle -of the sixteenth century, by the progressive but fluctuating -depreciation in the _moneda de vellón_, or base coinage, which became -practically the standard of value in all transactions. - -The monetary unit of Castile was the _maravedí_, anciently a gold coin -of value but, in the fifteenth century, diminished to a fraction of its -former estimation. A declaration of Ferdinand and Isabella in 1503 says -that formerly the silver real was equal to 3 maravedís, but now it is -worth 34.[1334] - -The unit of weight was the marc, or half-pound, of 8 ounces or 4608 -grains. The intermediate weights were the _ochavo_ of 72 grains, the -_adarme_ of 36 and the _tomin_ of 12. These were applicable to all the -precious metals but, up to 1731, the marc of gold was reckoned to -contain 50 _castellanos_ of 8 _tomines_, making 4800 grains, whereby the -grain was reduced 1/25. - -The standard of fineness was fixed, by Ferdinand and Isabella, for gold -at 23-3/4 carats, but was reduced by Charles V to 22 carats, at which it -remained. For silver the standard maintained since the fourteenth -century was known as _once dineros cuatro granos_ (pure silver being -_doce dineros_) equivalent to .925 fine. In 1709 Philip V reduced it to -_once dineros_ or .91667, and in some mintages even lower. - -GOLD COINS. When Ferdinand and Isabella revised the coinage, in 1497, -they ordered the marc to be worked into 65-1/3 _excelentes de la -granada_. This coin was worth 374 maravedís and thus was practically the -same as the ducat or escudo which was rated at 374. There were also the -_dobla alfonsi_ or _castellano_ or _peso de oro_, equal to 485, the -_dobla de la banda_ to 365, the florin to 265. Thus the ducat, which was -the coin most frequently quoted, was equivalent to 11 silver reales. The -ratio between gold and silver fluctuated between 7 and 8 to 1. - -[Sidenote: _SPANISH COINAGE_] - -In 1537 Charles V ordered _coronas_ and _escudos_, 22 carats fine to be -worked 68 to the marc and to be worth 330 maravedís, which he says was -the weight and fineness of the best crowns of Italy and France. With the -progressive depreciation in the value of silver, the coinage law of -Philip II in 1566 raised the escudo from 330 mrs. to 400. The old ducats -were to be current at 429 mrs., the castellanos at 544. The tendency of -silver continued downward and in 1609 Philip III permitted the escudo to -pass for 440 mrs., threatening three years' exile and a fine of 500 -ducats for asking or receiving more. In 1612 he allowed the castellano -in bullion to be sold for 576 mrs. under the same penalties for -exceeding it. The escudo or crown remained the standard gold coin. In -1642 it was raised to 550 mrs.; in 1643 to 612 and then reduced to 510 -owing to variations in the silver and vellón coinage. In 1651 it is -rated at 16 silver reales, in 1652 at 14, in 1686 at 15, but with a new -coinage of lighter weight silver it was raised to 19, and the _doblon_, -or piece of 2 escudos, to 40 reales. For larger transactions multiples -of the escudo were struck, known as _doblones de a dos_, _de a cuatro_ -and _de a ocho_, containing respectively 2, 4 and 8 escudos. The latter, -which became popularly known as the Spanish doubloon, were rated in 1726 -at 18 _pesos_ or pieces of eight silver reales, in 1728 at 16, in 1737 -at 15 and in 1779 at 16 again, the doubloon and the peso being virtually -of the same weight, each a fraction under an ounce. In 1738, to supply -the lack of silver money there were coined half-crowns of gold, worth in -vellón 18 reales 28 mrs. This fraction was troublesome and, in 1742, the -weight was changed to correspond with 20 reales, and the coins became -known as _veintenos_ or _escuditos_. - -SILVER COINS. The silver unit was the real, which, under the coinage -laws of Ferdinand and Isabella, was worked 67 to the silver marc, of 11 -dineros 4 grains fine (.925), worth 34 maravedís. It long continued of -this standard but, in the financial mismanagement under Philip IV, the -weight was reduced by ordering the marc worked into 83 reales and 1 -quartillo (83-1/4 reales), the old coinage in circulation being advanced -25 per cent. in value by making the peso equivalent to 10 reales instead -of 8, but as this failed to afford the expected relief it was suspended -in 1643, to be again tried in 1684 when the real was reduced to 84 to -the marc, and the old coinage was rated at 10 to 8 of the new. In 1709 -we first hear of the _peseta_, as a name applied to the French coin -introduced by the War of Succession, rated at 2 reales, and subsequently -used to denote the double real of Spanish mintage. At the same time the -standard was reduced to 11 dineros or .91667 fine. During the subsequent -years of the reign of Philip V the variations in the silver coinage were -numerous and perplexing. The peso, escudo de plata, or piece of 8 -reales, was the leading coin, and in 1726 it was ordered that it, -whether minted in the Indies or in Spain, should be current for 9-1/2 -reales, and, as this did not bring it to an equivalent with gold, in -1728 it was declared equal to 10 reales. This however was now confined -to the mintage of the Indies, which came to be known as _plata -nacional_; the small coinage of the Spanish mints was termed -_provincial_ and was allowed to remain current at a discount of 20 per -cent. It was 77 reales to the marc and the fineness was only 10 dineros, -reduced in 1728 to 9 dineros, 22 grains or .798 fine, rendering it in -reality only about three-quarters the value of the standard. There were -thus two entirely distinct silver currencies coexistent, and to these -was added a third, popularly known as Marias--"plata nueva que -vulgarmente se llaman Marías"--which was called in by decree of April -27, 1728, but which was still in circulation in 1736. Under these -circumstances considerable circumlocution was necessary when quoting -sums in silver to define the exact kind of coin meant as, for instance, -in the coinage law of July 16, 1730, we are told that the allowance for -expenses to the official known as the Fiel, was "un real de plata -provincial, valor de 16 quartos de vellón." In fact, as we shall see, -the debased coinage known as _vellón_ had become the real standard of -financial transactions. - -In the later periods it will simplify the appreciation of amounts -recorded to remind the reader that the _peso_, or piece of 8 reales, is -the modern dollar, and the real, or one-eighth of this, is the coin -familiarly known of old in various parts of the United States as the -"bit," the "elevenpenny bit" shortened to "levy," the ninepence or the -shilling. The maravedí was 1/34 of this, or about 3/8 of one cent. - -In the colonies there is frequent allusion to the _peso ensayado_ as -distinguished from the _peso de a ocho_, which I gather to be a piece -worth 400 maravedís, or nearly 11-3/4 reales--a little more than a -ducat. - -[Sidenote: _SPANISH COINAGE_] - -[Sidenote: _SPANISH COINAGE_] - -VELLON COINAGE. The debased coinage known as vellón was an alloy of -silver and copper, which proved the source of unutterable confusion in -Spanish finance. As we find it prescribed by Ferdinand and Isabella in -1497, it is merely a token coin convenient for small transactions, -consisting of 7 grains of silver to the marc of copper, worked into 192 -_blancas_, the blanca being one-half of the maravedí. Complaints were -made that it was exported at a profit, so that it became scarce, and in -1552 Charles V, to remedy this, reduced the silver to 5 grains. The -extravagant expenditures of Philip II rendered him eager to clutch at -any expedient to relieve immediate necessities and, in 1566, he adopted -the unfortunate device of issuing a _moneda de vellón rica_, with 2-1/2 -dineros, 2 grains (98 grains) of silver to the marc of copper, to be -worked into _quartillos_, 80 to the marc (worth 1/4 real or 8-1/2 -maravedís), into _quartos_, 170 to the marc (worth 4 maravedís) and -_medios quartos_, 340 to the marc (worth 2 maravedís). The _blancas_ or -half maravedís, were retained, but the silver in them was reduced to 4 -grains to the marc, worked into 220 pieces. Although there do not appear -ever to have been larger coins of vellón issued than those authorized by -Philip II the flood of this inferior money supplanted the precious -metals. It became the basis of all internal transactions and the -precious metals were reduced virtually to the position of commodities. -There was a restamping of this coinage in 1602, in which the silver was -omitted, put into forced circulation at a value of 7 to 2. With all the -power of Spain, backed by the treasures of the New World and wielded by -an autocratic monarchy, it was impossible to maintain so vicious and -artificial a currency at par, and there followed, during the seventeenth -century, a series of the most desperate attempts to remedy the evils -which were crippling the commerce and industry of the nation.[1335] In -1619 there was a solemn promise made that no more of the pernicious -stuff should be issued for twenty years--a promise only made to be -broken and renewed in 1632. In 1625, under the severest penalties, the -premium on gold and silver was limited to 10 per cent., and in 1628 the -nominal value was reduced one-half, but in 1636 the permissible premium -on silver was recognized as 25 per cent., immediately after which the -vellón coinage was restamped and trebled in value. In 1640 the premium -was allowed to be 28 per cent. and in 1641 there was another restamping -and the value was doubled, followed by recognizing the premium as 50 per -cent. In some accounts before me of the salaries and expenses of the -Supreme Council of the Inquisition, not dated, but evidently belonging -to this period, the figures set down are increased when added, in one -case by 28 per cent. and in another by 50, to adjust them to the -currency in which they were expected to be paid. In other statements -some items are specified as payable in _vellón_ and others in _plata_. -In the effort to bring the vellón to par in 1642, it was suddenly -reduced to one-sixth of its current value and then, in 1643, it was -raised four-fold. This resulted, in 1647, in a premium of 25 per cent., -but when, in 1651, it was again restamped and restored to the value -which it bore prior to 1642, the premium rose to 50 per cent. In June, -1652, another attempt was made to reduce it to one-fourth, but this -seems to have been a failure and in November the edict was suspended. In -1660 its further issue was suspended and the experiment was again tried -of an alloy containing 20 grains of silver to the marc, or about 1/230, -which became known as _moneda de molino de vellón ligado_. This was so -unsuccessful that, in 1664, its nominal value was reduced one-half and -all other vellón currency was prohibited, while in February, 1680, a -still further reduction of 75 per cent. in its value was ordered and in -May its use was forbidden, it was declared to have no value as currency, -and the premium of 50 per cent. was permitted as against other vellón -coins, which had still continued in circulation. This lasted for four -years, when in 1684 the _moneda de molino_ was restored to circulation -with a nominal value double that of the last reduction.[1336] With the -eighteenth century the pretence of alloying copper with a fraction of -silver was abandoned. In 1718 a pure copper coinage was issued and by -this time the premium on specie recognized by law had advanced to nearly -100 per cent. In spite of the prohibitions to ask or receive more than -this, people were forced to pay more. Traders kept the copper coinage -tied up in bags representing the larger coins and refused to furnish the -latter except at an advance.[1337] The premium gradually rose until, in -1737, the _real de plata provincial_ was recognized legally as worth 2 -reales de vellón and the _real de plata nacional_ as worth 2-1/2. -Although there were no coined reales de vellón, they were the standard -money of account on which all transactions were based. In the laws -regulating the mints the salaries of the officials are always stated in -vellón. Thus, in 1718, the superintendent of the mint of Madrid has -24,000 reales de vellón, the treasurer 16,000, and so forth. In 1728 the -superintendent is allowed 500 escudos de vellón, the contador 400, etc. -In 1730 it is provided that the sum of 120,000 reales de vellón is to be -placed in the hands of the treasurer for current expenses and he is to -give security in 20,000 ducados de vellón on unencumbered real estate. -From this it follows that, when the kind of coin is not specified, there -may be some difficulty in estimating the value of a sum of money -mentioned. The difference between silver and vellón went on increasing. -In 1772, when a new coinage of gold and silver was issued, the gold -escudo, worth 16 reales de plata, was declared to be worth 37-1/2 reales -de vellón. - -With the Revolution the old coinage passed away and was replaced by the -decimal system, the _peseta_ and _céntimo_ being equivalent to the -French franc and centime. Yet still prices continue to be quoted in -reales, which are now rated at 25 céntimos, or about 5 cents of American -money. - -Nothing is more difficult than to ascertain accurately the variation in -the purchasing power of money, but perhaps the price of labor affords -the most trustworthy standard. In the fifteenth century this would seem -to have been about 6 maravedís a day. In the eighteenth, common laborers -employed in the mints received 3-1/2 reales de vellón per diem, while -those in more confidential positions such as watchmen were paid 6.[1338] - - * * * * * - -As a matter of course the kingdoms of the Crown of Aragon had their -independent systems of coinage, which were based on the old divisions of -the marc, almost everywhere prevalent, of _libras_, _sueldos_ and -_dineros_, or pounds, shillings and pence, there being 20 sueldos to the -libra and 12 dineros to the sueldo. In the documents of the early period -there are frequent fluctuations in the relations between these coins and -the Castilian system, but as a rule there were reckoned 20 Aragonese -sueldos to the ducat, which therefore was equivalent to the libra. In -Catalonia the _sueldo barcelonense_ was 24 to the ducat, and there was -also a coin known as _morabatin_, equal to 9 sueldos. Unification of -currency throughout the monarchy was a desirable object, long frustrated -by the stubborn particularism of the provinces. It was especially -difficult to bring about in Catalonia, where the vellón coinage had been -largely diluted by the allies during their long occupation of the -principality in the War of Succession. An edict of 1733 informs us that -there were 24 dineros to the Catalan real, but most of those in -circulation of the coinage of 1653 had been restamped by the allies to -double their nominal value. They had also coined _dinerillos Catalanes_ -with the same alloy of silver as the mintage of 1653, but with only half -the weight, yet circulated at the full value. The edict denounces the -_dinerillos_ of both Aragon and Catalonia as an intolerable abuse and -with superfluous emphasis orders their use to be abandoned, immediately -in Aragon and in Catalonia as soon as sufficient money of vellón can be -coined to take their place. The effort was futile for another edict of -1737 assimilates the dinerillo of Aragon and Valencia to the Castilian -_ochavo_, or piece of 2 maravedís, and the dinerillo of Catalonia to 1 -maravedí. In 1743, in consequence of disputes arising between troops -quartered in Catalonia and the peasants, it was ordered that the vellón -money of Castile should circulate freely in Aragon, Catalonia and -Majorca. As late as 1772 an edict calls in the local small coinage of -Valencia and orders it replaced with Castilian money, but this was so -unsuccessful that it was followed, in 1777, with one confining the use -of these coins to Valencia and forbidding their circulation elsewhere. -When the unification of the currency occurred does not clearly appear, -but it probably was not until the revision of the monetary system in the -present century. - -The old _cruzado_ of Portugal, to which reference sometimes occurs, was -virtually the same as the Spanish ducat. - - -DOCUMENTS. - -I. - -LETTER OF KING FERDINAND TO THE INQUISITOR-GENERAL TORQUEMADA, July 22, -1486. - -(See pp. 132, 254, 291). - -(Archivo General de la Corona de Aragon, Registro 3684, fol. 102). - -EL REY. - -Devoto padre Prior. Vuestra carta vi e las otras de los otros -inquisidores de Çaragoca y el memorial que vos embiaron. A la carta -vuestra con otra de mi mano vos respondo e a las de los inquisidores e -mandado responder e será la carta con la presente. E quanto a lo del -memorial ó instruccion que escriben sobre lo que Don Juan de Ribera no -faze la guerra fasta haber carta de mano mia e de la serenisima reina mi -muy cara e muy amada mujer luego le ascribieramos salvo porque toda la -gente suya havemos mandado venir para donde himos y sin gente ninguna -cosa podria hazer. Plazera a nuestro senyor que con nuestra ida se -remediará presto e volverse ha la gente a la frontera de Navarra e luego -mandaremos a Don Juan que apriete a los de Tudela en guisa que fagan la -razon. Quanto a lo que scriven en el tercero capitulo de la limosna que -les parece se debe facer de sus bienes a los pobres penitenciados -imponiendolos alguna pecuniaria sentencia, porque los conversos de -aquella ciudad son muy conocidos y podria ser que allá les dieren a -entender una cosa por otra me parece que les debeis escribir que envien -relacion de quien son, specificando los nombres de cada uno e que bienes -tienen e quantas sentencias e que penitencia les parece que se debe dar -a todos e a cada uno dellos, porque, sabida la relacion de todo ello se -podrá mejor determinar lo que en ello se debe facer. Quanto a la -particion de los bienes dentre marido e muger quando el uno es -sentenciado y el otro se falla inmune porque es cosa que esta en drecho -y en fuero del reino me parece que lo debeis mandar veer a micer Ponce y -otros letrados y que sea menester y mas convenga. Quanto al cinqueno -capitulo que fabla de las carceles perpetuas es muy gran razon que se -faga e yo enbio a mandar al receptor que las faga. Quanto al sexto -capitulo en que dicen que se embie a mandar que se ha de dar a los -encarcerados para su mantenemiento me parece escriban aca su parecer y -entonce sobrello podremos determinar lo que paresca mas razonable. -Quanto al seteno que dicen que han tomado un hombre para tormentar -porque dicen que los nuncios no lo quieren facer ni fallan quien lo -faga, me parece que por scusar tantos salarios devrian echar uno de los -nuncios e que la persona que han tomado para tormentar sirviere de -nuncio e se le diese el mismo salario e puesto que esto no se puede -facer se debe limitar el salario, porque seiscientos sueldos es muy -sobrado salario. Quanto al ocheno capitulo en que fabla del salario de -Don Ramon de Mur es justa cosa que pues que bien sirve sea muy bien -pagado, e se le den dos mil sueldos de salario. Quanto al noveno -capitulo que fabla de los porteros estoy maravillado que pagando tan -gran salario como se pagó al aguacil allende aquello se hayan de pagar -porteros que acá como sabeis todo esta a cargo del aguacil. Debeis les -mucho encargar a los inquisidores que lo miren porque se asi no lo fazen -mas montarán los salarios que proceda de la inquisicion. Quanto al -deceno capitulo que dice que han de facer e fazen un lugarteniente de -aguacil para enviar de fuera, parece que se les debe escribir que en las -cosas que buenamente escusar se pudieren lo deben escusar, faciendo ir a -ello al alguacil principal, pero no pudiendo ir el fagase un -lugarteniente como lo acostumbran de facer, pero sea el salario lo menos -que ser pueda porque bien mirado son muy excesivos los salarios que se -pagan a la inquisicion. En lo que dicen que tengo fecha merced de los -bienes de Pedro de Urrea saben poco en la verdad porque es cierto que de -aquellos ni de otros tengo fecha merced a nadie. Quanto al onceno -capitulo en que demandan carta de marca e represalia para Tudela por el -negocio de Martin de Santangel ha de preceder carta requisitoria la qual -debeis mandar ordenar allá a micer Ponte y enviandola aca luego se -despachará. En el dozeno esta ya respondido y quanto a lo que escriben -en el treceno que no han egecutado los matadores de maestre Epila -pluguierame mucho que vos escribieran las causas porque. Quanto al -catorceno capitulo en que escriben que seria bueno que fuere maestro -Crespo a entender en la inquisicion con el abad de Barbastro, buen -hombre es sin duda e pareceme bien que vaya e asimismo me parece bien -micer Tristan de la Porta para que vaya a fazer assesor como lo escriben -en el quatorceno capitulo que buen letrado es e hombre de buena fama. En -el dezeseyseno e ultimo demandan un escribano para los bienes que se han -de litigar por justicia y lo han de determinar ellos como jueces. -Verdaderamente demandan tantos oficiales y acrecentamiento de tantos -salarios que es menester que se mire mucho en ello, mayormente que es -cierto segun Camanyas me ha dicho que los escribanos de la inquisicion -sienten a injuria que otro entiende en el dicho negocio sino ellos, -mayormente que podrian poner en ello criado suyo de quien se confien. Si -en todo lo sobredicho o en algo dello vos parece otra cosa vedlo alla y -escrivitme vuestro parecer porque sobre todo se mire e se faga lo -mejor. - -[Sidenote: _DOCUMENTS_] - -Camanyas me dijo como vos habia fablado sobre los Judios de Teruel que -les han mandado ir dentro de termino de tres meses e que dize se fizo -con voluntad mia. Essa es la verdad que assi me plugo e me plaze dello e -nunca será de otro parecer; verdad es que en lo del tiempo tienen razon -porque creo que en tampoco tiempo no podrian pagar y cobrar deudas -maiormente teniendo como tienen censales, ni podrian vender las casas y -heredamientos que tienen e por esso sera bien si asi a vos paresciere -que se les den otros seis meses de tiempo sobre los tres que los -inquisidores han dado porque de aquellos segun dicen ha pasado ya buena -parte. Vedlo vos e si os paresciere bien asi fagase. E por agora no -ocurre otro que escrivir salvo que vos ruego mucho que de la salut de -vuestra persona continuamente me fagais sabidor. Del Viso á XXII de -julio de LXXXVI años. Yo el Rey. Por mandado del Rey. Camanyas. - - -II. - -EDICT OF MAY 30, 1492, REGULATING SETTLEMENTS WITH THE EXPELLED JEWS. - -(Biblioteca Nacional de España, Seccion de MSS., Dd, 108, fol. 126). - -(See p. 136). - -Don Fernando et Doña Isabel, por la gracia de Dios Rey et Reyna de -Castilla, etc. - -Al Nuestro Justicia Maior et a los de nuestro Consejo et oydores de la -nuestra Audiencia, Alcalles et otras Justicias de la nuestra Casa et -Corte et Chancelleria e a los Corregidores e Assistentes, Alcalles, -Merinos, Alguaciles et otras Justicias qualesquier de las Cibdades e -Villas e Logares de los nuestros Reynos e Señorios et a cada uno et -qualquier de vos a quien esta nuestra Carta fuere mostrada o su traslado -signado de escrivano publico, Salud e gracia. Bien savedes et deveis -saber como nos por algunas justas cabsas que a ello nos movieron -complideras al servicio de Dios e nuestro e bien e pro comun de nuestros -Reynos e nuestros subditos e naturales dellos, mandamos por nuestras -cartas firmadas de nuestros nombres et selladas con nuestro sello, que -todos los Judios et moradores y estantes en los dichos nuestros Reynos e -Señorios salgan dellos de aqui ha en fin del mes de Jullio primero que -viene deste presente año de la Data desta nuestra carta, so ciertas -penas contenidas en las dichas nuestras Cartas. Agora por parte de -algunas aljamas de los dichos Judios et personas particulares dellos nos -es fecha relacion que ellos deven e son obligados a dar e pagar algunas -contias de maravedises et otras cosas ha algunas personas Christianas e -Moros nuestros subditos e naturales et ellos et otras personas les deven -a ellos otras quantias de maravedises et otras cosas et que ellos no -tienen con que pagar salbo con las dichas debdas et algunas bienes -raices, et que si aquellos e las dichas debdas non les oviesen de -recebir en pago por su justo precio et valor que recebirian agravio e -daño, et nos fue suplicado que cerca de ello les mandasemos proveer de -remedio como la nuestra merced fuese. Et porque nuestra merced e -voluntad es que lo que asi mandamos cerca de salir de los dichos Judios -se cumpla en el dicho termino et en ello non se ponga impedimento -alguno, tovimoslo por bien. Por que vos mandamos a todos et a cada uno -de vos en nuestros logares e jurisdicciones que luego que con esta -nuestra carta o con el dicho su traslado signado como dicho es, fueredes -requeridos, la qual mandamos que vos sea notificada dentro de veinte -dias primeros siguientes de la data della fagais pregonar publicamente -por ante escrivano publico por las Plazas e Mercados e otros logares -acostumbrados que todos los Christianos e Moros a quien deven los dichos -Judios qualesquier debdas, o Judios a quien devan Christianos o Moros -otras debdas parescan et se presenten ante vos las dichas Justicias -donde biben los deudores a pedir e liquidar et averiguar las debdas et -otras abciones que los unos deban a los otros, las quales liquides e -averigues et llamadas et oidas las partes, procediendo en la liquidacion -simplemente et de plano sin estrepitu et figura de juicio, solamente -sabida la verdad, por manera que todas las dichas debdas et abciones -sean liquidadas et averiguadas e sentenciadas fasta mediado el dicho mes -de Jullio primero que viene y las que hallardes que los plazos a que se -han de pagar fueren llegados o llegaren al dicho termino, las hagais -luego dar e pagar a las partes que lo ovieren de aver por las personas -que las deven, et los Judios que non tovieren bienes muebles et -semovientes para pagar lo que asi devieren castigades et apremiedes et -costringades a los dichos Christianos e Moros a que tomen et resciban en -pago de sus debdas otras debdas liquidadas con las partes que se deven a -los Judios por Christianos o Moros, o en bienes rayces apreciados por su -justo precio e valor por vos las dichas Justicias con dos buenas -personas que en ello entiendan et con tanto que los dichos Vienes rayces -que asi se dieren en pago apreciados sean en lugares donde son vezinos -et abitantes las personas a quien se deven las dichas debdas. Et en las -debdas que se debieren por los dichos Judios que non llegaren los plazos -durante el dicho termino de fasta mediado el dicho mes de Jullio, den -seguridad dellas a vista de vos las dichas Justicias para las pagar a -los plazos que las devieren et sinon dieren la dicha seguridad paguen -luego las tales debdas, pues se han de ir et despues non avrian contra -quien aver recurso. Et en quanto a las debdas que se deben a los dichos -Judios por Christianos o Moros que non fueren llegados los plazos nin -llegaren dentro del dicho termino, hazed que quede averiguado e -liquidado segund dicho es para que puedan dexar los dichos Judios sus -procuradores Christianos o Moros o persona en quien cedieren o -traspasasen las tales debdas o otros sus bienes et abciones para que las -cobren a los plazos et segund et en la manera que los debdores les -estavan et fueron obligados para la qual todo que dicho es con todas sus -incidencias et dependencias vos damos poder complido, lo qual todo haced -et complid sin embargo de qualesquier leyes, fueros e derechos e -ordenamientos que en contrario desto sean, con las quales et con cada -una dellas dispensamos et las derogamos en quanto a esto atañe, quedando -en su fuerza e vigor para delante. Et los unos nin los otros non fagades -nin fagan endeal por alguna manera so pena de la nuestra merced et de -diez mill maravedises para la nuestra camara al que lo contrario -fisiese. Et demas mandamos al ome que les esta nuestra carta mostrare -que los emplase que parescan ante nos en la nuestra Corte doquier que -nos seamos del dia que los emplasasse fasta quince dias primeros -siguientes so la dicha pena so la qual mandamos a qualquier escrivano -publico que para esto fuere llamado que dende al que se la mostrare -testimonio signado con su signo porque nos sepamos en como se cumple -nuestro mandado. Dada en la Ciudad de Cordova a treinte dias del mes de -Mayo, año del nascimiento de nuestro Salvador Jesu Christo de mill e -quatrocientos e noventa e dos años.--Yo el Rey.--Yo la Reina.--Yo -Ferrand Alvarez de Toledo, Secretario del Rey e de la Reyna nuestros -señores la fize escrivir por su mandado.--En la forma acordada, -Rodericus Dottor.--Registrada, Perez Francisco de Madrid, Chanciller. - -(Hallase original en el Archivo de la Ciudad de Toledo). - -III. - -TORQUEMADA'S INSTRUCTIONS TO INQUISITORS, Dec., 1484.[1339] - -(Archivo General de Simancas, Consejo de la Inquisicion, Libro 933). - -(See p. 182). - -_Otras Capitulaciones por el Reverendo Señor Padre Prior de Santa Cruz -hechas por sus Altezas é confirmadas._ - -Por mandado de los serenisimos rey é reyna nuestros señores yo el prior -de santa cruz, confesor de sus altezas, inquisidor general por la -abtoridad apostolica en los reynos de Castilla é de Aragon, hordené los -articulos siguientes cerca de algunas cosas tocantes á la sancta -inquisicion é á sus ministros é oficiales los quales dichos capitulos -mandan sus altezas que se guarden é cumplan é yo de parte de sus altezas -é por la abtoridad susodicha asi lo mando é son las que se siguen. - -1. Primeramente que en cada partido donde fuere necesario poner -inquisicion é en los que agora la hay é se facen, aya dos inquisidores -con un buen asesor los quales sean personas letrados de buena fama é -conciencia los mas idoneos que se puedan haber é que se les dé alguacil -é fiscal é notarios y los otros oficiales que son necesarios para la -inquisicion los quales sean asi mesmo personas aviles é diligentes en su -calidad é que á los dichos inquisidores é oficiales les den é sean -situados sus salarios que deben haber, y es la merced de sus altezas é -mandan que ninguno de los dichos oficiales lleve de su oficio derechos -algunos por los abtos que hiciere en la dicha inquisicion ó en los -negocios é cosas della dependientes so pena de perder el oficio, é -mandan que ninguno de los inquisidores tengan oficial ninguno del dicho -oficio por su familiar porque al bien del negocio é al servicio de sus -altezas asi cumple. - -2. Item plaze á sus altezas que en corte de Roma se ponga una buena -persona que sea letrado é de buen celo para que procure los negocios -tocantes á toda la inquisicion destos reinos é que sea pagado -competentemente de los bienes confiscados por el delicto de la heregia é -apostasia que pertinescen á sus altezas é que asi lo mandan á sus -tesoreros. - -3. Item por quanto en tiempo de Sixto papa quarto de buena memoria -hemanaran de la corte Romana algunos rescriptos é bulas é confesionarios -exorvitantes é contra derecho mucho en perjuicio de la inquisicion é -ministros della, mandan sus altezas que se libren cartas é provisiones -que juntas sean generates para todo el reino con las quales se impida é -pueda impedir justamente la ejecucion de los tales rescriptos é bulas, -si alguno los impetrare é quisiere usar dellos fasta que con el papa sea -consultado é informado de la verdad por parte de sus altezas, por quanto -no es de presumir que la intencion del santo padre sea dar impedimento -en los negocios de la santa fe catolica, pero que las dichas provisiones -de sus altezas no se publiquen fasta ver si el papa Inoscencio octavo -moderno algunas bulas ó requisitos concede ó de lugar que se expidan en -su corte en perjuicio de la sancta inquisicion. - -4. Item es la merced de sus altezas porque los inquisidores é sus -oficiales clerigos que trabajan en la dicha inquisicion sean -aprovechados é honrados de mandar á sus embajadores que procuren en su -nombre un indulto del papa para que sus altezas puedan nombrar á las -dichas personas de la dicha inquisicion en ciertas iglesias de sus -reinos en las primeras dignidades é beneficios que vacaren é que -aquellos sean reservados para los nombrados de sus altezas. - -5. Otrosi mandan sus altezas que por quanto tienen por bien de hacer -merced de sus bienes á todos aquellos que como quier que fuesen culpados -en el delicto de la heretica pravedat se reconciliaren bien é como deben -en el tiempo de la gracia que los tales reconciliados puedan cobrar -qualesquier debdas de qualesquier tiempo que les fuesen debidas para si -é que su fisco no les embargue asi mesmo si algunos bienes muebles é -raices hayan vendido, dado ó otorgado ó obligado antes de su -reconciliacion que los dichos contractos queden firmos á las personas -que administren los dichos bienes porque es la merced de sus altezas é -mandan que los dichos reconciliados no puedan vender ni enagenar ni -obligar dende en adelante los bienes raices que tovieren sin especial -licentia de sus altezas porque quieren ser primero informados de como -guardan la santa fe catolica é si son verdaderamente convertido á ella. - -6. Item como quiera que sus altezas no tienen por bien de hacer gracia -de los bienes á los hereges é apostatas que fueron reconciliados fuera -del tiempo de la gracia para la reconciliacion y les pertinezcan todos -los bienes de los hereges condempnados e reconciliados desde el dia que -cometieron el dicho delicto de la heregia segun el derecho dispone y -podria el fisco de sus altezas demandar los bienes que los tales ovieren -vendido ó enagenado en qualquier manera é escusarse de pagar las debdas -que los tales debiesen por qualquier obligaciones, salvo si en lugar de -las tales ventas é enagenaciones paresciere y se hallare el prescio é -otra cosa equivalente en los bienes de los tales hereges, pero por mas -de clemencia é umagnidad con sus vasallos y porque si algunos con buena -fe contrataron con los dichos hereges que no sean condempnados que sean -reconciliados como dicho es hicieron antes que començase el año de -setenta é nueve, valgan é sean firmes, con tanto que se prueben -legitimamente por testigos dignos de fe ó por scripturas abtenticas que -sean verdaderas é no simuladas en tal manera que si alguna persona -hiciere alguna ynfinta ó simulacion en fraude del fisco cerca de -qualquier contrato ó fuere participante en la dicha fraude ó colusion y -fuere reconciliado le den cient azotes y le hierren con una señal de -hierro en el rostro, y si fuere qualquier otro que no sea reconciliado -aunque sea cristiano haya perdido todos sus bienes é el oficio é oficios -que toviere é que su persona quede á su merced de sus altezas, é mandan -que este capitulo sea pregonado publicamente en los lugares de la -inquisicion porque ninguno pueda pretender ignorancia. - -7. Otrosi que si algun caballero de los que han acogido ó acogieren en -sus tierras los hereges que por temor de la inquisicion huyan y huyeron -de las cibdades, villas é lugares realengos demandaren qualesquier -debdas que digan serles debidas por qualesquier hereges que sean huydos -á sus tierras que no el tesorero no les pague las debdas ya dichas ni el -juez de los bienes confiscados se las mande pagar fasta que los dichos -caballeros restituyan todo lo que los dichos confesos que cogieron en -sus tierras llevaron consigo, pues es cierto que aquella pertenescia é -pertenesce á sus altezas é que si sobre tales debdas fuere puesta -demanda al procurador fiscal que el dicho procurador ponga por -reconvencion é compensacion la cantidad en que poco mas ó menos le -parescere que es obligado el caballero que pide su debda jurando que no -lo alega maliciosamente. - -8. Otrosi mandan sus altezas que ningun tesorero de los que son ó fueren -puestos para recebir é recabdar los bienes confiscados por el dicho -delicto no secresten ni occupen bienes de ningund herege ni apostata sin -mandamiento especial de los dichos inquisidores é quando ellos dieren -mandamiento para ello hagase la secrestacion por su alguacil é por ante -notario de la inquisicion é por antel escribano del tesorero para que -cada uno dellos haga registro del dicho secresto el qual mandan que se -haga en personas llanas vecinos del lugar que tengan los dichos bienes é -quel tesorero no toque en ellos fasta que la persona cuyos eran los -dichos bienes sea condenada ó por reconciliacion declarada que fue -herege é manda é mandan sus altezas que al tiempo de la secrestacion se -oviere de hacer el tesorero sea requerido por el alguacil para que vaya -á ver como se face. - -9. Que si en los bienes asi secrestados como dicho es oviere é se -fallaren algunas cosas que guardandolas se perderian asi como pan é vino -é otras cosas semejantes que el tesorero procure con los inquisidores -que las manden vender é al presente se vendan en publica almoneda é que -el prescio de las tales cosas sea puesto en el dicho secresto en poder -de los dichos secrestadores ó en un cambio como mejor los dichos -inquisidores y el tesorero vieren, asi mismo si algunos bienes raices -ovieren que se deban arrendar manden los dichos inquisidores al -secrestador que juntamente con el dicho tesorero los arriende en publica -almoneda. - -10. Otrosi que el tesorero no venda bienes algunos ni reciba dineros ni -qualesquier bienes algunos otros que sean confiscados é pertenescian al -fisco de sus altezas sin que esten delante de dos notarios uno suyo del -dicho tesorero é otro que sea puesto por magno de sus altezas para que -cada uno dellos escriba sobre si los bienes é maravedises que el dicho -tesorero rescibiere é haga registro é libro ordenado de todo ello para -que [de] los dichos libros é registros se tomen despues las cuentas al -dicho recebdor. - -11. Otrosi mandan sus altezas que cada uno de los recebtores que fueren -puestos por su mandado recabten é resciban los bienes que fueren de los -herejes vecinos é moradores en el partido donde son puestos é no se -entremetan á ocupar ni tomar bienes de ningun hereje que pertenezcan á -otra inquisicion mas que luego qualquier de los dichos tesoreros hobiere -noticia de algunos bienes confiscados por el dicho delicto que -pertenezcan á otro tesorero que lo hagan luego saber para que lo cobre -é recabte so pena que el que lo encubriera pierde el oficio ó sea -obligado al daño é menoscabo que por su negligencia se recresciere al -patrimonio de sus altezas con el doblo. - -12. Otrosi mandan sus altezas que a los inquisidores é oficiales que en -este negocio de la inquisicion entienden el tesorero les pague los -tercios de sus salarios adelantados en el principio de cada tercio -porque tengan que comer é se les quite ocasion de recebir dadivas é que -es comience el tiempo de su paga desde el dia que salieren de sus casas -á entender en la dicha inquisicion, é que asi mesmo pague los mensageros -que á sus altezas enviaren los dichos inquisidores é qualquier otras -cosas que los inquisidores vieren que cumple al oficio asi como en -carceles perpetuas ó mantenimientos de los presos ó otras qualesquier -cosas é espensas. - -13. Item que todos los mandamientos de qualquier calidad que sean que -los inquisidores mandaren dar asi para su alguacil como para su tesorero -ó para qualesquier otras personas cerca de los bienes ó prision de las -personas de los herejes, los negocios de la inquisicion, sean tenidos de -los asentar é asienten en sus registros é hagan libros dellos aparte, -porque si alguna dubda se ofresciere se pueda saber la verdad de lo que -paso. - -14. Otrosi que las otras cosas que aqui no son declarados queden é se -remitan á la buena discreccion de los inquisidores para que si se -ofrescieren casos tales que á su parescer se puedan espedir sin -consultar á sus altezas hagan segun Dios é derecho é sus buenas -conciencias lo que les paresciere é en las cosas graves escriban luego -con diligencia á sus altezas é á mi el dicho procurador para que sus -altezas manden proveer en ello como cumpla al servicio de Dios nuestro -señor é suyo, ensalzamiento de nuestra sancta fe catolica é á buena -edificacion de la cristiandad. Dada en la ciudad de Sevilla, seis dias -del mes de Deziembre, año del nascimiento de nuestro Salvador -Jesucristo, de mil é quatrocientos é ochenta é quatro años. - - -IV. - -TORQUEMADA'S INSTRUCTIONS TO INQUISITORS, Jan., 1485.[1340] - -(Archivo General de Simancas, Consejo de la Inquisicion, Libro 933). - -(See p. 182). - -_La Forma que se debe tener en el proceder de los Inquisidores es la -siguiente._ - -Primeramente que los inquisidores loego en legando en el lugar donde se -ha de facer la inquisicion pongan sus cartas e edictos de treinta ó -quarenta dias ó como mejor visto les fuese que todos los que en algun -caso de heregia ó apostasia se fallaran culpados y en este dicho tiempo -vernan con dolor sin fuerza ninguna á confesar sus errores y diran la -verdad de todo lo que supiere no solamente de si mesmos mas de los otros -que con ellos participaren en el dicho error, que estos tales sean -recebidos con toda caridad, y abjurando sus errores en forma les sean -dadas penitencias publicas ó secretas segun la infamia ó calidad del -delito á alvedrio de los inquisidores y denseles algunas penitencias -pecuniarias que paguen en cierto tiempo, y estos dineros sean puestos en -mano de una persona fiable y den los inquisidores ó los escribanos la -copia dellos al rey nuestro señor ó á mi como á inquisidor principal, -para que se gasten en la guerra ó en otras obras pias y para que se -paguen los salarios de los inquisidores y otros ministros que en la -santa inquisicion entenderan, y seanles dexados todas los otros bienes -que tuvieren asi mobles como raices, y cerca de los oficios publicos que -tienen deben por ahora ser privados fasta que se vea su forma de vevir, -y si fueren buenos cristianos y conocidamente se viere la enmienda en -ellos pueden ser habilitados para que ayan los dichos oficios si fueren -vacos ó otros semejables. - -1. Otrosí si despues del tiempo del edicto algunos vinieren á se -reconciliar, los quales non dejaron de venir por temor ni por -menosprecio mas por enfermedad ó por otro justo impedimento, que con -estos tales se use de misericordia como en el capitulo primero, pero si -al tiempo que se vinieren á reconciliar fueron ya citados ó tienen -contra si provantes, estos non gocen de la gracia de los bienes, pero -los inquisidores se hayan con ellos misericordiosamente quanto de -derecho y buena conciencia podieren facer segun la calidad del delito é -infamia requiere é segund esto consultando con el rey nuestro señor se -verá si se debierá fazer gracia de los bienes ó no. - -2. Otrosí si á estos que asi bien se vinieren á reconciliar son debidas -algunas deudas, que los deudores sean obligados sin embargo del fisco á -ge les pagar, y si algunas ventas de sus bienes ovieren fechas que -valgan y que por parte del fisco del rey nuestro señor no les sean -impedidos, pero si estos tales tovieren esclavos cristianos que sean -libres y forros, y si los hobieren vendido los que les compraren non los -puedan retener mas que luego los dejen forros y ellos recauden el precio -de los vendidores. - -3. Otrosí si algunos de los susodichos que se vinieren á reconciliar y -no dizieren la verdad de sus errores é de los que fueron particioneros -con ellos é despues se fallaren por las probanzas el contrario, estos -tales sean havidos por contumaces é que vinieron fingidos á la -confesion, no gocen de nada de lo susodicho mas antes se proceda contra -ellos con todo rigor segun que el derecho en tal caso dispone. - -4. Otrosí que ningun receptor debe sequestrar bienes de ningun herege -nin apostata sin especial mandamiento en escrito de los inquisidores é -que se pongan los tales bienes no en manos del receptor mas en manos de -una persona fiable y que hagan el secuestro el receptor con el alguacil -de la inquisicion y por delante de dos escribanos, uno del alguazil y -otro del receptor, y estos escribanos cada una escriba por si todo lo -que se sequestrare, y sean pagados los dichos escribanos de los bienes -de los dichos hereges aunque despues se hayan de reconciliar, y el -salario sea lo que los inquisidores mandaren. - -5. Otrosí si algunos fueren absentados antes del tiempo del edicto y asi -mesmo absentaren sus bienes y estos tales vinieren en el tiempo del -dicho edicto confesando sus errores como arriba dicho es, gocen de la -misma gracia de los bienes é fagase con ellos en la misma forma que en -el capitulo primero está escrito, pero si en el tiempo del edicto non -quisieren venir procedase contra ellos segun que en este caso el derecho -dispone. - -6. Otrosí que ni por los procesos de los vivos se deben de dejar de -facer los de los muertos é los que se fallaren aver seydo é muerto como -herejes ó judios los deben desenterrar para que se quemen y dar lugar al -fisco para que occupe los bienes segun que de derecho se debe facer. - -7. Otrosí que el receptor no venda bienes ningunos ni reciba sin que -esten dos escribanos delante, los quales sean puestos ó por manos del -rey nuestro señor ó de los inquisidores y cada uno dellos escriba el -bienes que el receptor recibe y el precio por que los vende porque -despues por aquellos libros se les tomarán las quentas. - -8. Otrosí que á los inquisidores y oficiales que en este sancto negocio -entienden les debe el receptor pagar sus tercios adelantados, porque -tengan de comer y se les quiten la ocasion de recebir dadivas de ninguno -y debe de comenzar el tiempo de su pago desdel dia que salieren de sus -casas para entender en este sancto negocio. - -9. Otrosí que continuamente los inquisidores fagan saber al rey nuestro -señor é á mi todas las cosas que sucedieren en la dicha inquisicion é -conoscieren que se deban escrevir, é que el receptor loego que por ellos -le será mandado pague el trotero que ellos quieran enviar. - -10. Otrosí que todos los mandamientos de qualquier calidad que sean que -los inquisidores mandaren dar asi al alguazil como al receptor ó á otras -qualesquier personas manden á los escribanos de la inquisicion los -asienten en sus registros porque por allí se conozca la verdad de todo -lo que pasare. - -11. Otrosí que los inquisidores y el asesor esten juntos y muy conformes -en la ejecucion de la justicia y buena administracion della y finalmente -en todo quanto pertenece é se habrá de facer en la inquisicion, de -manera que ni el inquisidor sin el asesor ni el asesor sin el inquisidor -faga cosa alguna, é si lo ficieren que por el mismo caso sea ninguno. - -12. Otrosí que esten los inquisidores é todos los oficiales de la -inquisicion aposentados dentro de una casa, podiendose haber, porque -esten juntamente é que quando ovieren de escrebir dichos negocios de la -inquisicion é del estado della escriban los inquisidores y el asesor -juntamente. - -13. Otrosí que ningun oficial de la dicha inquisicion no tiene ningun -derecho por cosa ninguna de su oficio pues que el rey nuestro señor les -manda dar su mantenemiento razonable y les fara mercedes andando el -tiempo é faciendo ellos lo que deben é que no recivan dadivas ni -subornaceones de ninguna persona y si se fallare que alguno el contrario -ficiere por el mismo caso sea privado del oficio y mas este á la pena -que los inquisidores darle quisieren, é á un cada vez que un tal caso -conteciere informen á su alteza del rey nuestro señor porque se provea -de otro oficial y entre tanto se ponga otro en lugar del tal delinquente -aquel que los inquisidores acordaren fasta que el rey nuestro señor é yo -proveamos. - -14. Otrosí que en todas las otras cosas que á la santa inquisicion se -requieren queda á juicio y buena discrecion de los inquisidores que -ellos las fagan segun Dios é derecho é buenas conciencias se deben -facer, y si algunas otras cosas vieren que el rey nuestro señor debe -remediar las escriban y que se faran como cumple al servicio de -Jesucristo nuestro señor y ensalzamiento de su santa fé y buena -edificacion de la cristiandad. - -FR. THOMAS, prior et inquisitor generalis. - -V. - -INSTRUCTIONS OF SEVILLE, 1500.[1341] - -(Archivo General de Simancas, Consejo de la Inquisicion, Libro 933). - -(See p. 182). - -_Otras Instituciones._ - -Las capitulaciones infraescritas que ordinaron los muy reverendos -señores inquisidores generales para instruccion de los inquisidores é -prosecucion del oficio de la sancta inquisicion en la muy noble é muy -leal cibdad de Sevilla á diez é siete dias del mes de Junio año de mil y -quinientos. - -1. Primeramente que los inquisidores de cada una inquisicion é partido -salgan é vayan á todos los lugares é villas de sus diocesis é partidos -donde nunca fueron personalmente é en cada una de las dichas villas é -lugares hagan é resciban los testigos de la general inquisicion, é para -que esto puedan mejor hacer é mas brevemente se espida, se aparten los -inquisidores é vaya cada uno por su parte con un notario del secreto -para rescebir la dicha pesquisa é informacion general, é despues de -rescibida é hecha la dicha pesquisa general se tornen á juntar en la -cibdad ó lugar donde tovieren su asiento para que alli vista por amos la -testificacion que cada uno ha tomado puedan mandar prender á los que se -hallaren culpados é testificados suficientemente para se poder prender -segun se contiene en el capitulo de las instrucciones hechas en Toledo. - -2. Item, que en las inquisiciones donde los inquisidores han andado é -recebido la general testificacion que cada año el uno de los -inquisidores salga por las villas y lugares á inquerir, poniendo sus -edictos generales para los que algo saben tocante al crimen de la -heregia que lo venga á decir, y el otro inquisidor quede á hacer los -procesos que á la sazon oviere, é si no abra algunos salga cada uno por -su parte segun arriba esta dicho. - -3. Item, que los inquisidores de cada inquisicion pasen los libros -ordinariamente por sus abecedarios dende el primero fasta el fin, para -lo qual se ayuden del fiscal é notarios quando non andovieren por los -lugares á tomar la testificacion como dicho es. - -Sobre esto capitulo se ha de hacer principal relacion en la visitacion -de manera que han de saber los inquisidores generales que es lo que han -procedido de los dichos abecedarios. - -4. Item, por quanto los inquisidores algunas veces proceden por cosas -livianas non continentes herexia derechamente y por la palabras que mas -son blasfemias que herejias, ó dichas con enojo ó yra, que de aqui -adelante no se prenden ningunos desta calidad, é si dubda oviere que lo -consulten con los inquisidores generales. - -5. Item, quando prendieren alguno por el dicho crimen de herejia en -poniendole la acusacion envien la copia della á los inquisidores -generales y la probanza que tienen contra el verba ad verbum declarando -los nombres de los testigos y las calidades de las personas y esto -envien con el nuncio de la inquisicion á buen recabdo. - -6. Item, que los inquisidores non consientan dilacion en los procesos é -procedan sumariamente segun la forma del derecho que en este caso de la -herejia habla. - -7. Item, que los inquisidores de aqui adelante non dispensen con los que -fueren condempnados a carcel perpetua ni les comuten la dicha carcel en -otra penitencia é quando esta facultad de dispensar é comutar la dicha -carcel los dichos inquisidores generales les reservan para si la dicha -facultad é poder que ninguno otro pueda dispensar é comutar. - -8. Item, que á los testigos conpurgadores no les sean leidos los dichos -é dipusciones de los testigos del crimen que hay contra el acusado en la -acusacion del fiscal, sino que guarde la forma del derecho que es que el -acusado ha de jurar juxta formam juris que el [niega] el crimen de lo -que esta asentado, ante los dichos testigos compurgadores, é que á ellos -se les pregunte si creen que juro verdad ó no, sin hacerles otras -preguntas. - -9. Item, los inquisidores trabajen con los procesados que estaran bien -testificados para poder ser condempnados como hagan conoscimiento de su -culpa y la confiesen y tengan arrepentimiento, trayendoles persuasiones -para ello é si fuere menester que trayan personas religiosas que los -conviertan é con los que asi no estovieren testiguados tengan tiento que -no les fagan confesar lo que no hicieren. - -10. Item, que los inquisidores pregunten particularmente á los personas -que dieren sus confesiones lo que saben de sus padres y hermanos y -parientes é de otras personas qualesquiera por las particularidades que -se requieren porque despues no se puedan escusar por ignorancia, é lo -que asi digeren de otros se asiente en los libros é registros de oficio -aparte de las dichas confesiones. - -VI. - -EXTRACTS FROM THE REGISTER OF THE RECEIVER OF CONFISCATIONS AT VALENCIA, -1485-1486. - -(Archivo General de la Corona de Aragon, Registro 3684, fol. 60). - -(See p. 192). - -A veynte y dos de julio el Rey nuestro senyor me mandó que asentase en -el registro como su Alteza facia merced á su caballerizo Johan de Hoz e -á Martin Navarro su repostero de plata de sendas escrivanias de aquellas -tres que estan vacas en Toledo porque han sido privados dellas por el -delito de la heregia Pero Gia de Alcuba e Alfonso Cota e Francisco -Rodriguez escrivanos de numero reconciliados. - -A diez y ocho de agosto de ochenta y cinco años plugo al Rey nuestro -señor de librar á Johan de Tencino en los bienes de los herejes que á su -Alteza pertenescan ó perteneceran de aqui en adelante en los reynos de -Aragon aquellos diez mil sueldos de que le hizo merced en ayuda de su -casamiento e aquellos seys mil seyscientos cincuenta y cinco sueldos -ocho dineros que le son devidos de su quitacion con alvalaes de -escribano de racion. Se mandó á mi que por memoria lo asentase en este -registro. - -A veynte de Agosto de LXXXV me mandó su Alteza que asentase en registro -como faze merced á Pedro de Morales criado de Alfonso Carillo -protonotario apostolico de una escrivania de las del numero que vacaran -por el delicto de la heretica pravedad en Toledo. - -A XXII de enero en la villa de Alcalá fizo merced al doctor micer Felix -Ponte regente la cancelleria de una alqueria que Jaime Martinez de -Santangel tenia en el termino de---- cabe la ciudad de Valencia e mandó -á mi que le fiziere la provision della. - -A XXIV de enero el Rey mi senyor fizo merced á Juan de Leca aposentador -de su senyoria de uno de los primeros oficios que vacaran en Segovia por -el reconciliacion ó en otra manera por el delicto de la heretica -pravedad. - -A XIV de febrero de LXXXVI en Alcalá de Henares el Rey nuestro senyor me -mandó que assentasse en registro como faze merced á Martin de Tavara de -la scrivania del numero que tiene Pero Alfonso Cota reconciliado. - - -VII. - -BRIEF OF JULIUS II RESPECTING THE TROUBLES IN CORDOVA. - -(Bulario de la Orden de Santiago, Libro III, fol. 320). - -(See p. 203). - -Venerabilis frater salutem etc. Non sine summa animi molestia percipimus -quosdam iniquitatis filios Catholicæ fidei rebelles, qui cum Christiani -sint Judaicæ se perfidiæ participes præstant, officiales a te ad -inquirenda hæreticaæ pravitatis errata constitutos Cordubæ quorundam -adminiculo complicum captivos fecisse et quod auditu quoque nefarium est -mulctatos male et contumeliose habitos diu in vinculis detinuisse. Quæ -res cum pessimi prorsus et perniciosissimi sit exempli, pro cura quæ -Catholici gregis ab hæreticorum rabie defendendi una cum apostolatus -officio nobis est demandata mature providendum duximus, ne lues tam -pestifera serpat ulterius nec sua contagione rectos commaculat. Quam ob -rem fraternitati tuæ cui jam pridie talia perquirendi facinora et -reperta puniendi potestatem arbitriumque contulimus districte mandamus -ut commissum sibi munus fervide et severe exerceat ac subnascentem in -agro dominico zizaniam abolere et radicitus extirpare non cesset, -fidelium defensioni ut par est die noctuque excubando. Præfatos vere qui -tam abominandum scelus ausi sunt cum suis complicibus et quoscunque eis -auxilium consilium favoremve ullum præstiterunt undique conquisitos ac -debitis subjectis poenis exemplum cæteris statuet ne aliquando ad -peccati similitudinem ex impunitate accendantur. Volumus autem hæc omni -diligentia quamprimum a fraternitate tua curari et offici, nam -exorientia tabiferæ pestis capita ne serpant in ipsis statim principiis -sunt opprimenda, ad quod per ecclesiasticas censuras et universa juris -remedia ut magis expedire videbitur, appellatione remota, procedes, in -contrarium facientibus non obstantibus quibuscunque. Dat. -Bononiæ.[1342] - - -VIII. - -PROPOSITION MADE IN OCTOBER, 1519, TO CHARLES V TO COMPOUND FOR THE -CONFISCATIONS. - -(Archivo General de Simancas. Patronato Real, Inquisicion, Legajo único, -fol. 49). - -(See p. 219). - -Sy en las cosas de la inquisicion se pone orden de justicia por jueces -no sospechosos que guarden el derecho e den cuenta de lo que hicieren, -para que los buenos puedan bevir seguros y los que mal bivieren sean -castigados como nuestro muy santo padre lo ordenare e mandare e las -bulas e breves que sobre ello dieren sean obedecidas e cumplidas como de -justicia e conciencia no se puede otra cosa hazer, avra personas que -osaran servir al Rey nuestro señor en esta manera. - -Habida consideracion que la codicia de los bienes es causa de todos los -malos, e que es ley en los reynos de Castilla en las partidas que no -sean confiscados los bienes de los que tovieren hijos catolicos e que a -los principes queda muy poco provecho de la confiscacion porque todo se -gasta en salarios, costa de jueces e recebtores que de ello enriquecen, -puede su Mag^{d} justamente servirle por compusicion e venta que haga de -todo el derecho que le pertinece a el e a sus descendientes para syempre -jamas de la confiscation de los bienes de la dicha inquisicion en todos -sus reynos e señorios abiendo para ello bula de nuestro muy santo padre -en que asi mismo se mande y ordene que no pueda aber condenacion de -bienes ni dineros por via de penitencia ni en otra manera. Por lo qual y -por lo que se debe hasta agora de las confiscaciones e penas e -compusiciones pasadas por qualesquier personas en qualquier -manera--dando para ello las provisiones e jueces que fueron menester--se -dara por esto a su Magestad quatrocientos mill ducados; los cien mill -ducados de ellos para el tiempo de su partida al ymperio, e los -trecientos mill en tres años puestos en Flandes en las ferias de Emberes -del mes de mayo de cada año cien mill ducados. - -Y si paresciere algun inconveniente que esto se haga a perpetuo, aunque -no le ay, abida consideracion a la dicha ley del reyno, y su Magestad -fuere servido que sea por algun tiempo limitado, por el tiempo que fuere -declarado por S. M. se daran doscientos mill ducados, los cinquenta mill -para la partida e los ciento e cinquenta mill ducados en las dichas tres -herias de enberes. - -E por que los jueces diputados para tan santo oficio estan mas libres -para hacer justicia sin esperar de sostinerse de los bienes de los -presos e su magestad no tenga que pagar salarios pues no ha de haber -confiscacion demas de lo que asi se ha de dar por la dicha confiscacion -se comprara la renta que fuere menester a vista e determinacion e -moderacion de su magestad para pagar todos los salarios e cosas de la -dicha inquisicion sobre lo que ya esta comprado e consynado para ello en -algunas partes, comprandolo de la manera e segund que el rey catolico lo -tenya mandado e çomençado a comprar. - -E para la cobranza de lo susodicho se ha de dar otras tales cartas e -provisiones como las que dio el rey catolico para cobrar las -compusyciones del Andalucia e las que mas fuere menester, e para -remediar qualquier agrabio que syntieren los que esto ovieren de pagar e -proveer en ello e en la cobrança dello, lo que fuere necesario que se -cometa al arzobispo de Toledo o a su gobernador para en los Reynos de la -corona de Castilla, y el arzobispo de Çaragoça para los reynos de la -corona de Aragon, para que ellos o las personas a quien le cometieren -conozcan de ello e lo provean syn pleyto, e no otros jueces algunos, -remota apelacion. - -E abiendo efeto lo susodicho sy S. M. fuere servido de dar poderes e -provisiones bastantes para cobrar e componer e ygualar todo lo que le es -debido y pertenece en qualquier manera en los dichos sus reynos e -señorios de qualquier otras confiscaciones e penas pertenecientes a la -camera e fisco por las leyes e prematicas de los dichos reynos o en otra -manera e qualesquier bienes que estan confiscados e adjudicados por -delitos de que no este hecha merced e las tengan qualesquier personas de -qualesquier tiempos pasados hasta en fin de este año, y le perteneciere -de aqui adelante en estos quatro años venideros que se cumplan en fin -del año de quinientos e veynte e tres, e que entre en esto lo que -qualesquier personas de su voluntad vinieren, declarando que son en -cargo, de que tengan finequito e no aya memoria ni recabdo por donde se -le puede pedir quenta, e se puedan componer e cobrar lo que dieren, e -por esto sanearan a S. M. cien mil ducados pagados en la dichas tres -ferias de enberes, e sy mas valiere lo susodicho sea para S. M. quitando -las costas e el salario que S. M. fuere serbido de dar por ello, e que -si alguna merced o libranza se hiciere de bienes ó maravedises en lo -susodicho durante este tiempo se reciba en cuenta. - -E porque para el cumplimiento de todo lo susodicho se ha de dar -seguridad bastante de personas que se obliguen a ello, se han de dar -luego cedulas de S. M. libradas del S^{r} Cardenal por donde de licencia -e facultad a las personas que en ello quisieren entender e obligarse e -contribuir, que lo puedan hazer syn que por ello incurran ni se les pida -pena ni achaque alguno de parte de la ynquisicion ni por otras -justicias, las quales cedulas se han de dar en todo este mes de otubre, -si los dineros han de estar prestos para la partida, porque de otra -manera faltaria tiempo. - - -IX. - -MEMORIAL FROM GRANADA TO CHARLES V IN 1526. - -(Archivo de Simancas, Patronato Real, Inquisicion, Legajo único, fol. -55). - -(See p. 222). - -Vuestra Magestad manda é á mandado poner la Sancta Inquisicion en esta -Ciudad y Reyno de Granada, lo qual es muy loable y muy santo por que se -vea de creer que la intencion y voluntad de Vuestra Magestad es que los -malos christianos sean castigados y los bonos sean conocidos, y por que -en la manera de proceder en el Sancto Officio pasan mas peligros los que -buenos son que los que mal biben, asy de ser presos como condenados sin -culpa segun que muchas veces a acaecido, todos los que bien biben y son -catolicos christianos suplican a Vuestra Magestad mande enmendar la -manera de proceder en que los testigos y carceles sean publicos como lo -son en el pecado abominable y contra natura, que como en este son -conocidos y castigados los malos asy lo seran en este otro, y los que -son buenos y biben bien estaran seguros de ser acusados falsemente, y -por que Vuestra Magestad use de tan justa peticion y misericordia con -los que buenos son, de solo este pequeño Reyno de granada, serviran a -Vuestra Magestad con cinquenta mill ducados para los gastos de este tan -sancto viage sin lo que mas Vuestra Magestad podra aver de los otros sus -Reynos y Señorios que sera en grandisima suma de dinero, y quitando este -mucho secreto escusera Vuestra Magestad los incombenientes de pecados -siguientes. - -Lo primero que si los jueces son malos como puede acaecer por ser -hombres humanos y no Santos como lo es el Officio, quando prenden -doncellas y casadas de buenos justos y moças, ó quando las mandan venir -secretamente ante si como el Officio requiere en su mano sepan usar de -ellos como cosa suya, lo qual ligeramente ya sentiran con el gran temor -que lleban, y esto no habra lugar de se hacer en juicio publico. - -Y la otra, que los escribanos de este secreto y los officiales que en -este secreto tienen mano, seyendo mancebos, como en algunas partes lo -son, tienen ó casi han de hacer lo misma con hijas ó mugeres ó parientas -de presos, las quales ligeramente puedan alcanzar, y les sera concedido -por saber algo de este secreto que les combenga, ó sí fuesen malas -personas como entre los hombres se hallan, tambien tienen ocasion de -bender por dineros este secreto, por que los que asy son malos con fin -de ser aprovechados procuran estos officios, lo qual todo se quita con -hacer la justicia publica. - -En lo otro tienen a causa de este secreto que muchas animas que se han -condenado al ynfierno e se pueden condenar por ser tan falsas, -escusarseles a este camino, que por poder decir lo que dicen secreto muy -ligeramente se condenan y dicen lo que no vieron por aver venganza de -quien tienen mala voluntad como cada dia a sucedido, sy quando Dios le -hace merced al falsamente acusado que se da por bueno sale destruydo -demas de la infamia de su prision, lo qual se escusaria seyendo los -testigos publicos. - -E lo otro que para que el que falsamente se acusa no tenga remedio, -puedense buscar los testigos por dineros, los quales por estos pecados -se hallan oy con poco trabajo, y como el acusado no los conosca y lo que -le acusan nunca hiso ni penso no puede caer en los acusadores, y aunque -cayga en su enemigo contrario que lo hiso atestiguar, y como los jueces -no sepan este secreto condenan justamente y el falsamente acusado muere -sin culpa, y quedan sus hijos y debdos infamados para siempre jamas, lo -qual no se podria hacer seyendo publicos los testigos. - -E lo otro que como los que son malas personas y malos cristianos tengan -y tienen odio y mala voluntad á los que son buenos porque no siguen sus -malos costumbres y obras: diz que por sus delitos son presos y los -confiesan; los primeros que acusan son los que saben que biben bien, por -vengarse de ellos, y á estos les da lugar el secreto, que si publico lo -obieren de decir no tendrian osadia de decir la mentira á la clara, por -que se les probaria luego el contrario, y por este tienen menos -seguridad los buenos que los malos, que como no hicieron ni pensaron lo -que les acusan ni conoscan por platica ni conversacion á los acusadores -ni por ventura saben sus nombres no pueden caer ni acertar en ellos, y -desta manera son condenados justamente y mueren sin culpa por que no -quieren conocer lo que no hicieron, y quedan destruydos sus hijos y -debdos y disfamados, los quales seyendo los testigos publicos no se -podria hacer. - -E lo otro que á cabsa de este secreto mas facilmente se pueden librar -los que han cometido el delicto de que son acusados, por que el que lo -hizo bien sabe quando y como y ante quien, y luego pueden acertar en -quien lo acusa, y tachándolo como se hace es dado por libre, y la -sentencia es justa, y el culpado queda sin castigo. Lo qual es por el -contrario a quel que falsamente se le acusa, que como no lo hizo ni sabe -ni puede saber de donde le viene el daño, sino fuere por inspiracion -divina, de la qual gracia no son dignas todas, pe ... y de esta manera -pasan mucho mas riesgo y peligro ... que son buenos y catolicos -cristianos que los que ... y biben mal, en lo qual de Vuestra Magestad -... poner este tan justo remedio que se le ... tiene puesto de su mano -para la gobernacion ... y señorios, por que los buenos puedan biber ... -ser malos sean conocidos y castigados.[1343] - - -X. - -BULL OF SIXTUS IV, APRIL 18 1482, TEMPORARILY REFORMING THE INQUISITION -OF ARAGON. - -(See p. 234). - -(Archivio Vaticano, Sisto IV, Regesto 674, T. XV, fol. 366). - -Sixtus Episcopus servus servorum Dei Ad perpetuam rei memoriam. Gregis -Dominici nostræ custodiæ divina disponente clementia commissi vigilem et -solicitam curam gerentes, Pastoris inhærendo vestigiis libenter juxta -officii nostri debitum nostræ solicitudinis partes adhibemus ut -errantes, relicto præcipiti tenebrarum devio, viam veritatis agnoscant, -et per illam gradientes vitam consequantur æternam; perseverantes vero -in eorum erroribus proditis contra eos a jure remediis compescantur, nee -damnentur aliqui de quorum erroribus legitimis probationibus non -constaret. Sane nuper nobis insinuatum extitit quod in Aragoniæ et -Valentiæ ac Maioricarum Regnis, necnon Principatu Cataloniæ officium -inquisicionis hæreticæ pravitatis non zelo fidei et salutis animarum sed -lucri cupiditate ab aliquo tempore citra exercetur et quamplurimi veri -et fideles Christiani illo mediante, admissis contra eos inimicorum, -æmulorum, servorum aliarumque vilium et minus ydonearum personarum, -probationibus nullis legitimis præcedentibus indicibus, carceribus etiam -sæcularium judicum detrudentur, torquentur, hæretici etiam et relapsi -declarantur, bonis et beneficiis spoliantur et traduntur curiæ sæculari -et per illam ultimo supplicio afficiuntur in animarum periculum, -perniciosum exemplum et scandalum plurimorum. Nos igitur multorum -quærelis super hoc excitati, providere volentes ut tenemur quod officium -ipsum debite peragatur et illo mediante nullus opprimatur indebite et -injuste, Motu proprio, non ad alicujus nobis super hoc oblatæ petitionis -instantiam, sed de nostra mera deliberatione et ex certa nostra -scientia, auctoritate apostolica, præsentium tenore statuimus quod de -cætero in Regnis et Principatu prædictis locorum Ordinarii seu eorum -vicarii et officiales ac ejusdem hæreticæ pravitatis inquisitores in -eorum civitatibus et dioecesibus deputati conjunctim dumtaxat juxta -tenorem aliarum litterarum nostrarum contra Christianos Judaicæ -superstitionis sectatores et ad illorum ritus transeuntes illosque -Judaizando sectantes ac alios hæreticos quoscunque eorumque receptatores -et fautores etiam super jam coeptis negotiis procedere et accusatorum -et denuntiatorum et promoventium hujusmodi inquisitionis negotium, -necnon testium quos desuper ad juramenta et dicta recipi continget, -nomina et attestationes ac dicta totumque eorum processum personis ipsis -ac earum procuratoribus et defensoribus publicare et aperire ac eis ad -opponendum contra eosdem testes eorumque dicta et attestationes et -processuum hujusmodi competentem dilationem inspectis testium numero et -actorum qualitate moderandam assignare, et illis contra quos procedi -continget eos quos petierint in advocatos et procuratores dare et per -ipsas personas inquisitas ac eorum nomine comparentes oppositas in -termino hujusmodi legitimas exceptiones et defensiones ac desuper -legitimas probationes admittere. Ipsique insimul vel alter eorum ad -minus per seipsos secundum juris dispositionem testes ad juramenta -recipere et examinare debeant et aliter receptorum et examinatorum -attestationes, nullum penitus etiam judicium vel adminiculum faciant in -præmissis, nec detineantur personæ aliquæ occasione negotii -inquisitionis hujusmodi in alio quam solito Ordinariorum locorum -carcere, ad hoc etiam de jure deputato. Et si contingat a gravaminibus -eis illatis ad Sedem Apostolicam appellari, Ordinarii, vicarii et -officiales et inquisitores præfati appellationibus ipsis deferant -venerenter dum tamen manifeste frivolæ non fuerint, et processus per eos -habitos ad ejusdem Sedis examen remittere et in illis supersedere -nullatenus differant, usquequo aliud ab eadem Sede habuerint in -mandatis. Contrafacientes vero Ordinarii, vicarii et Officiales ac -Inquisitores præfati et quicunque alii tam ecclesiastici quam sæculares -cujuscunque status, gradus, ordinis et conditionis fuerint, quacunque -ecclesiastica vel mundana dignitate præfulgentes et contrafieri -procurantes consulentes vel suadentes, tacite vel expresse, directe vel -indirecte, in præmissis per nos sicut præfertur provide statutis vel -aliquo eorumdem, Episcopi et superiores interdicti ingressus ecclesiæ, -reliqui vero excommunicationis sententiam eo ipso incurrant, a qua -præterquam in mortis articulo constituti ab alio quam Romano Pontifice, -etiam vigore cujuscunque facultatis de præsentibus mentionem non -facientis, nequeant absolutionis beneficium obtinere. Et illius exemplo -cujus vices gerimus in terris nolentes mortem peccantium sed cupientes -potius conversionem eorum salutiferam, misereri potius quam ulcisci -elegimus, præsertim ubi si alias procedatur exinde possint verisimiliter -scandala exoriri, Ordinariis locorum et eorum vicariis et Officialibus -generalibus ac Inquisitoribus præfatis et cuilibet eorum in omnibus -Regnis, Principatu et dominiis supradictis ut quorumcunque Regnorum et -Principatus prædictorum incolarum utriusque sexus ad aliquem ex eis -recurrentium confessione diligenter audita pro quibuscunque excessibus -criminibus et peccatis etiam quæ vitam et ritus ac mores Judaicos -sectando aut alias a via veritatis et fide Catholica deviando, et in -aliquem hæresim labendo usque in diem illam in qua confitebuntur -commississe fatebuntur et censuras ecclesiasticas quas quomodolibet -incurrissent auctoritate nostra in utroque foro poenitentiali et -contentioso absque abjuratione de absolutionis beneficio eisdem -recurrentibus providendi eisque poenitentiam salutarem et occultam -injungendi motu, scientia et auctoritate prædictis facultatem et -potestatem concedimus per præsentes. Ita quod in posterum prætextu -criminis hæresis quam antea incurrisse dicerentur contra eos inquirere -non possint nec eos nullatenus valeant molestari, dum tamen ad -Inquisitionis processum super hujusmodi criminibus et inquisitorum -personalem citationem executorii demandatam deventum non foret, ac -Ordinariis, vicariis, Officialibus et Inquisitoribus prædictis ne contra -illos quos eorumdem vel alicujus eorum assertione eis constiterit per -aliquem ex eisdem vigore præsentium absolutos fuisse per ipsorum -absolventium attestationem aut patentes literas, seu super eorum -assertione confectum instrumentum, absque tamen ulla peccatorum quorum -confessionem audivissent propalatione de commissis per eosdem -confitentes criminibus hæresis cujuslibet, de novo procedere, aut -confiteri modo prædicto volentes quominus id faciant impedire, -nullatenus præsumant sub simili interdicti et excommunicationis -sententia eo ipso ut præfertur incurrenda a qua pari modo nequeant ab -alio quam Sede prædicta nisi in mortis articulo constituti absolutionis -beneficium obtinere, eisdem motu scientia et auctoritate inhibemus. -Eisdemque Ordinariis, Vicariis, Officialibus et Inquisitoribus sic -absolventibus ac cuilibet eorum, motu, scientia et auctoritate -prædictis, sub simili poena mandamus quatinus per se vel alium seu -alios præsentes litteras ubi quando et quociens expedire cognoverint -solemniter publicantes et illis quibus de absolutionis beneficio -hujusmodi providerint ac alios quos contra præsentium tenorem gravari -quomodolibet constiterit efficaci defensionis præsidio assistentes non -permittant quempiam contra eorumdem præsentium literarum tenorem vexari -seu quomodolibet molestari, et illos quos eis interdicti et -excommunicationis sententiam hujusmodi incurrisse constiterit, illos -irretitos esse publice nuncient faciantque ab aliis nunciari et ab -omnibus arctius evitari ac, legitimis super hiis habendis servatis -processibus, illos iteratis vicibus aggravare procurent. Et insuper, -motu et scientia similibus, Ordinariis eorumque vicariis et Officialibus -ac Inquisitoribus prædictis, sub censuris et poenis præfatis eo ipso -incurrendis, mandamus quatinus incolas utriusque sexus Regnorum et -Principatus prædictorum qui ad eos aut eorum quemlibet pro confessione -et absolutione prædictis recurrerint absque aliqua dilatione seu mora -eorum confessiones et cujuslibet eorum audiant et eis de absolutionis -beneficio in utroque foro ut præfertur provideant, contradictores per -censuram ecclesiasticam appellatione postposita compescendo, invocando -ad hoc si opus fuerit auxilio brachii sæcularis, decernentes ex nunc -omnes et singulos processus quos haberi et generaliter quicquid fieri -vel attemptari contigerit contra præsentium tenorem quomodolibet nullius -esse roboris vel momenti et haberi debere prorsus pro infectis. Non -obstantibus apostolicis in provincialibus et sinodalibus conciliis -editis constitutionibus et ordinationibus ac privilegiis et litteris -dictæ Sedis, necnon ecclesiarum Regnorum et Principatus prædictorum ac -curiarum eorumdem juramento confirmatione apostolica vel quavis alia -firmitate roboratis, statutis et consuetudinibus ac stilo et -observantiis quibus illa etiamsi de eis eorumque toto tenore seu quovis -alio expressio habenda esset, præsentibus pro expressis habentes, illis -alias in suo robore permansuris, quoad præmissa specialiter expresse -derogamus contrariis quibuscunque. Seu si aliquibus communiter vel -divisim a Sede præfata indultum existat aut interdici suspendi vel -excommunicari non possint per litteras Apostolicas non facientes plenam -et expressam ac de verbo ad verbum de indulto hujusmodi mentionem, et -qualibet alia dictæ Sedis indulgentia generali vel speciali cujuscunque -tenoris existat, per quam præsentibus non expressam vel totaliter non -insertam effectus earum impediri valeat quomodolibet vel differri, et de -qua cujusque toto tenore habenda sit in nostris litteris mentio -specialis. Et quia difficile foret præsentes litteras ad singula loca -deferri, volumus et apostolica auctoritate decernimus quod transumpto -præsentium manu alicujus notarii publici subscripto et sigillo alicujus -curiæ episcopalis munito ubique in judicio et extra tanta fides -adhibeatur quanta ipsis originalibus litteris adhiberetur si illæ -exhibitæ vel ostensæ forent. Nulli ergo etc. liceat hanc paginam -nostrorum statuti, concessionis, inhibitionis, mandati, constitutions, -derogationis, decreti et voluntatis infringere vel ei ausu temerario -contraire. Si quis autem etc. Datum Romæ apud Sanctum Petrum, Anno -Incarnationis Dominicæ Millesimo Quadringesimo octuagesimo secundo, -Quarto decimo Kal. Maii, Pontificatus Nostri Anno Undecimo. - -P. BERTRANDI. D. DE VITERBIO. - -Duplicata sub eadem data et scripta per eundem scriptorem et taxata ad -xxx. - - -XI. - -KING FERDINAND TO POPE SIXTUS IV, MAY 13, 1482. - -(Archivo General de la Corona de Aragon, Reg. 3684, fol. 7). - -(See p. 235). - -Sanctissime Pater: Ferdinandus etc. Aliqua fuerunt mihi relata, pater -sancte, que si vera sunt maxima admiratione digna videntur: hec sunt -quod sanctitas vestra concessit generalem remissionem neophytis de -omnibus erroribus seu delictis per eos ante hac perpetratis -provideritque ut nomina testium qui apud acta inquisitionum heretice -pravitatis que nunc fiunt in provincia Aragonie testimonia perhibuerunt -delatis revelentur et quod a sententia inquisitionis possit ad vestram -sanctitatem appelari seu apostolicam sedem et etiam quod sanctitas -vestra revocaverit ab ipsius inquisitionis officio scilicet Joanni -Christoforo de Gualbis et fratrem Joannem Ort exaudiendo eorum -neophitorum peticiones quibus etiam audientia deneganda est, postquam -inquisitores ipsi modeste et decenter prosequuntur, aliter enim -spectantes alios favorabiles et faciles sibi optinere inquisitores, et -alia a S. V. impetrata indulta talem suscipiunt audaciam quod non timent -in eorum erroribus persistere. Predicte autem relationi impendimus fidem -nullam, quod talia visa sunt quod nullatenus concedenda erant per S. V. -que hujusmodi sancte inquisitionis negotium dirigere debet. Et si per -dictorum neophitorum importunas et astutas persuasiones ea concessa -forsitan fuerint eis nunquam locum dare intendo. Caveat igitur S. V. -contra dicti negotii prosequtionem quicquid impedimenta concedere et si -quid concessum fuerit revocare et de nobis ipsius negotii cura confidere -non dubitare. Sed postquam S. V. aperte novit quantum cedit imo preter -astutisimas neophitorum circuitiones opus est in Dei servitium et -cristiane fidei decus quod inquisitores heretice pravitatis secundum -beneplacitum et voluntatem meam in his regnis et terris meis -instituantur et regio meo favore freti onus inquisitionis exerceant et -hoc quidem modo ea que agenda sint perfici possunt et aliter nihil bene -ageretur circa ea quod facile quidem intellegi potest ex hoc quam -superioribus temporibus dum de ejusmodi negotiis ego aut predecessores -mei non nos intromittimus heretica pravitas in tantum succurruit et -ejusmodi morbi contagio per cristianum gregem se extendit quod -quamplurimi qui pro cristianis habebantur non modo non cristiane sed -neque secundum legem aliquam vivere reperti sunt et multa que ab illis -in Cristi neglectum et vilipendium fiebant aperta sunt et in dies -efundentur in publicum que ita proh dolor eveniunt culpa atque nequitia -inquisitorum preteritorum qui munibus et corruptelis ab inquisitionibus -desistebant aut eas minus bene prosequebantur. Dignetur iccirco eadem S. -V. hic mihi concedere circa inquisitiones predictas videlicet quod -sanctitas vestra quamprimum confirmet predictos fratrem Joannem -Cristoforum de Gualbes et fratrem Joannem Orts in dicto inquisitionis -officio confirmetque eadem S. V. comisionem ad meam instantiam nuper -factam per magistratus ordinis fratrum predicatorum fratri Gaspari -Jutglar conventus illerdensis super instituendis et destituendis -inquisitoribus in dicta provincia secundum beneplacitum et voluntatem -meam. Aut si melius videbitur S. V. alicui alteri fratri similem -comisionem faciat ut semper inquisitores nobis acceptos in dicta -provincia habeamus, quoniam alios contra voluntatem nostram hujusmodi -officium exercere nunquam permitere intendimus. Ita cum hec omnia fieri -expedit pater sancte in obsequium Cristi et catholice fidei decus jubeat -ergo Sanctitas vestra apostolicas provisiones et literas super predicta -ilico expediri quod erit mihi vehementer gratum accipiamque singularis -beneficii loco ab eadem Sanctitate vestra cujus almam personam Jesus -optimus maximus feliciter et cum sacre Eclesie columna tueatur. Ex -Corduba urbe XIII die maii a nativitate Domini MCCCCLXXXII. De vuestra -santidat muy omil e devoto fijo que vuestros santos pies y manos besa el -Rey de Castilla y de Aragon. Camanyus secretarius. - -XII. - -MEMORIA DE DIVERSOS AUTOS DE INQUISICION CELEBRADOS EN ÇARAGOÇA DESDE EL -ANO 1484 ASTA EL DE 1502 EN QUE SE REFIEREN LAS PERSONAS CASTIGADAS EN -ELLOS.[1344] - -(See p. 244). - -Los serenisimos Reyes catholicos don Fernando y doña Isavel mandaron -poner en Çaragoça el sacrosanto tribunal de la fe en el año de 1484. Lo -mismo en Catalonia y Valencia. - -Fue el primero Inquisidor Apostolico El Maestro Julian de la orden de -Predicadores al qual se entiende que mataron los Judios atossigandole en -unas rosquillas que le presentaron. El Glorioso Maestro Pedro Arbues de -Epila llamado vulgarmente el Maestre Epila, fue muerto por los converses -estando en los maytines de media noche en la seo de Çaragoça, de donde -era canonigo a 17 de 7^{bre} de 1485. - - -AUTOS DE FE DEL ANO 1484. - -Auto primero. 1484. - - A 10 de Mayo de 1484, domingo, se hizo auto de fe en la seo de - Çaragoça. Predico el Inquisidor el Maestro Julian y fueron sacados - en el los siguientes. - - 1. Primero, Leonora Eli por ceremonias Judaycas, y quando oya - nombrar del SS.^{mo} nombre de Jesus respondia, called no le - nombreys que es nombre de enforcado. - - 2. Felipe Salvador alias Santicos botiguero por ceremonias - Judaycas, comer carne en viernes, y en la quaresma, este fue primo - hermano de Pedro de la Cabra Judio. - - 3. Leonor Catorce Valenciana, muger del dicho Santicos, por - ceremonias Judaycas, comer Amin[1345] y carne en viernes y savado y - aver ayunado el ayuno de Quipur. - - 4. Isavel Muñoz Castellana, por los mismos delitos y que quando - dezia el credo, y llegava à aquellas palabras et in Jesum Christum, - dezia Aqui cayo el asno. - - Todos estos fueron penitenciados por hereges y confiscadas sus - haziendas. - -Auto 2. - - A 3 de Junio, en el patio de la casa del Arzobispo, _predico el - Santo martyr Pedro Arbues_, fueron condenados a muerte, - - 1, 2. Dos hombres por hereges Judayzantes, el uno dellos fue aogado - porque murio reducido. - - 3. Aldonza de Perpiñan, muger de Manuel de Almazan, por ceremonias - de Judios, y aver bestido a doze pobres Judios en honor de las doze - tribus de Israel, algunos años, Ayunar el Quipur y dar limosna a la - cedaza, quemaronla en estatua por ser difunta. - -Auto 3. -1485. - - A 20 de Diziembre, Biernes, A las espaldas del hospital de nuestra - señora del Portillo. Predico el Prior de Predicadores, fueron - quemados. - - 1. Alvaro de Segovia por ceremonias Judaycas, comer Amin y carnes - degolladas en sus ritos, y en quaresma, Ayunar el Quipur, leer la - Biblia en hebreo bajo de un pabellon, y despues la hazia adorar a - sus hijos--quemado. - - 2. Joana Sinfa porque de Judia hecha Cristiana volvio a los ritos - Judaycos y vivia como Judia,--quemada. - -Auto 4. -1486. - - A treze de febrero. En la seo. Predico el Maestro Crespo y sacaron - en el tablado a - - 1. Jayme la Gasca con una bela ardiendo en las manos por ceremonias - Judaycas. No le confiscaron los bienes por aver confessado dentro - del tiempo. - -Auto 5. -1486. - - A 24 de febrero, Biernes, en nuestra señora del Portillo. Predico - el Maestro Crespo, canonigo del Pilar. Sacaron en el a - - 1. Salvador Esperandeu el viejo zurrador, porque siendo Cristiano - hizo ceremonias Judaycas, comio Amin, y Pan cotazo,[1346] y carne - en la quaresma, guardava el savado, y travajava el domingo, ayunava - el Quipur, y escarnecia al querpo de nuestro señor Jesu Cristo--fue - quemado. - - 2. Gumien Berguero, siendo cristiano hizo todas las ceremonias de - Judios y llevava abito de Rabi, fue quemado. - - 3. Ysavel de embon, muger de Gilabert Desplugas, siendo cristiana - dava azeyte a la sinagoga, y hazia ceremonias Judaycas--fue - quemada. - - 4. Dionis Ginot, notario, por casado dos veces viviendo la primera - muger, y fugitivo--quemado en estatua. - - 5. Pedro Navarro mercader, por ceremonias Judaycas y escarnecer el - santisimo sacramento, y fugitivo--quemado en estatua. - - 6. Maestro Martinez, jurista de Teruel por ceremonias Judaycas y - aver quebrantado su carcel y huydose--quemado en estatua. - -Auto 6. -1486. - - A 17 de Julio [Marzo] Biernes, en nuestra señora del Portillo, - Predico el Maestro Crespo, y sacaron al tablada a - - 1. Francisco Clemente notario por ceremonias Judaycas, quemado. - - 2. A su muger por lo mismo, quemada. - - 3. Miguel de Oliban çapatero por ceremonias y manjares Judaycos, y - porque dezia que el buen Judio se podia salvar en su ley como el - buen cristiano en la suya, y que la de Moysen era buena, y que - nunca avia creydo en la S.^{ma} Trinidad ni en la Virgen nuestra - señora Maria S.^{ma}, fue quemado. - -Auto 7. -1486. - - Biernes a 28 de Abril, en el mismo lugar. Predico el Maestro - Crespo. Fueron castigados los que se siguien. - - 1. Pedro de Orrea, mercader, por ceremonias Judaycas, y averse - hecho circuncidar y quando beja la cruz o el SS.^{mo} Sacr.^{to} se - escondia por no benerarlos--fue quemado. - - 2. Anton de Pomar Berguero, por ceremonias Judaycas, y siendo - cristiano no savia el Paternoster ni el credo--fue quemado. - - 3. Francisco Tornabal pelayre por Relapso, y casado con dos mugeres - veladas--quemado. - - 4. Maestro Puremiofer [Pedro Monfort], Vicario general de Çaragoça, - por aver venido contra la Inquisicion en Mallorca y Çaragoça y - dezir que el buen Judio se podia salbar como el buen cristiano, y - entre los Judios jurava por la ley de Moysen y por los diez - mandamientos, y dezirles que tenian buena y santa ley--quemado en - estatua. - - 5. Mossen Pedro Maños cavallero, que siendo cristiano se paso a las - ceremonias Judaycas--quemado en estatua. - - 6. Manuel de Almazan mercader, por ceremonias Judaycas, comer Amin - y Arrequequer y dar limosna a la cedaza y pagar a un Rabi porque le - fuesse a leer la ley de Moysen--fue quemado. - -Auto 8. -1486. - - Domingo de la S^{ma} Trinidad a 21 de Mayo, dentro de la seo. - Predico el Maestro Martin Garcia Inquisidor, sacaron a - - 1. Joan Cid, sastre por ceremonias Judaycas, fue penitenciado y - confiscados los bienes. - - 2. Rodrigo Gris, carnicero, que siendo cristiano hazia ceremonias - de Judios, y el Jueves S^{to} se harto de Gazapos. - - 3. Jayme Redo, comia carnes en biernes S^{to}. - - 4. Joan de Alcala, portero del Justicia de Aragon, por ceremonias - Judaycas, y comer carne en quaresma, caso dos veces en vida de la - primera muger. - - 5. Gilabert Desplugas, por ceremonias Judaycas. - - 6. Jayme de Caseda, corredor, por lo mismo. - - 7. Anton Matheo, Botiguero, por comer carne en quaresma y gallinas - en Viernes S^{to} y darles la bendicion a sus hijos passandoles la - mano por la cara. - - Todos estos fueron penitenciados. - -Auto 9. -1486. - - A 25 de Junio Biernes en la seo. Predico el Maestro Martin Garcia, - fueron penitenciados por hereges los siguientes. - - 1. Jayme Navarro mercader, por ayunos y ceremonias de Judios, yr a - la sinagoga à orar, dezir que si Cristo n. S^{r}. fuera dios no - temiera el morir. - - 2. Felipe de Moros, mesonero de la Almunia, porque se caso con dos - mugeres vivas, ceremonias de Judios, y aver llevado à ganar - torpemente una muger cristiana. - - 3. Clara Mateo, muger de Alvaro de Segovia, por ceremonias Judaycas - y dezir que no estava nuestro Salvador en la ostia, y que no dezia - verdad en la confession porque creya que todo era burla sino la ley - de Moysen. - - 4. Leonor Romeo muger de Anton Mateo, ceremonias Judaycas. - - 5. Joan de Aragon, botiguero, en cuerpo y con bela en el tablado, - por que tuvo conbiados a unos Judios, y dezia Cristianos de natura, - Cristianos de mala ventura, y que mas valia dar à ganar al medico - Judio que al Cristiano, y por sospechoso en la fe. - -Auto 10. -1486. - - A 30 de Junio, Biernes, en la puerta de la Seo, predico el - Inquisidor Abad de Aguilar, fueron condenados a muerte - - 1. Joan de Pero Sanchez mercader, que dijo a Joan de la Badia que - si matara al Inq^{r} Maestro Epila le daria 500 florines de oro, y - mas dijo a Caspar de Santa Cruz y a Mateo Ram en casa de Juan de - Esperandeu, y delante dellos encargo a Vidau frances que matasse al - Inquisidor que el se lo pagaria muy bien, porque era tesorero del - dinero que tenian para defenderse los Judios, y porque Judayzava y - dezia que la mejor ley era la de Moysen, y que maldijo a su padre - por averse tornado cristiano. Arastraron su estatua con una bolsa - al cuello por Çaragoça y despues la quemaron en el mercado. - - 2. Joan de Esperandeu Zurrador por assesino de la misma muerte y - porque un savado fue con Vidal frances y Mateo Ram a la Reja del - estudio del Maestre Epila para arrancalla, y no lo executaron - porque fueron descubiertos, y passados 4 o cinco meses fueron a la - seo a Maytines tras del dicho Inquisidor y allandole arrodillado - entre el altar mayor y el coro, esperandeo, durango frances, Ram y - Abadia, dijo este al Vidau, dale que este es, y el Vidau le dio una - cuchillada de rebes, que le abrio desde la cerviz asta la barba, y - esperandeu le dio una estocada que le paso el brazo izquierdo, este - era fino Judio y circuncidado, y lo arrastraron vivo y delante de - la puerta mayor de la seo le cortaron los dos manos, y de alli le - llebaron arrastrando al mercado y en la horca le cortaron la cabeza - y le hizieron quartos y las manos las enclavaron en la puerta - pequeña de la diputacion, y los quartos por los caminos. - - 3. Vidau durango frances zurrador, criado de Esperandeu confesso - que avia ydo muchas vezes a casa de Gaspar de Santa Cruz y de Pero - Sanchez y como ellos y Sancho de Paternoy trataban la muerte del - Inquisidor, y como le allaron arrodillado los dichos Vidau y Mateo - Ram, esperandeu y la badia y otros que el no conocio porque yvan - con mascaras, y que el dicho Abadia llamo al dicho Vidau y le dijo - aparte, cata que le des grande golpe en la cara, o, en el cuello, - que de otra manera no lo mataras porque lleva cerbillera y Jaco de - malla, y despues que el dicho la badia se lo mostro y certifico era - el Inquisidor el que estava arrodillado, le dio Vidau una - cuchillada de rebes que le derrivo las varillas, y le corto la bena - organical de la cerviz, y de este golpe murio, y poresto fue Vidau - arrastrado por la ciudad y vuelto a la plaza de la seo le aogaron - y cortaron las manos, y esto se hizo por no darle tanta pena como - al otro, porque dijo toda la verdad, y despues de muerto lo - arrastraron asta el mercado y le hizieron alli quartos que los - pusieron por los caminos y las manos en la puerta de la diputacion. - -Auto 11. -1486. - - A 28 de Julio, Biernes en la plaza de la seo, predico el Maestro - Crespo, fueron condenados al fuego - - 1. Caspar de Santa Cruz porque siendo cristiano comia y ayunava y - hazia ceremonias como Judio, y porque el y Joan de Perosanchez - offrecieron a Juan de labadia 500 florines si matava al santo - Inquisidor y que ellos le favorecerian, y como se allo en su muerte - y en las Juntas donde le fraguaron, que fueron la primera en el - temple, la 2^{da} en Santa Engracia, la 3^{a} en el portillo, y por - averse huydo a Tolosa de francia, donde murio, le quemaron en - estatua, y a Geronimo de Santa Cruz su hijo que lo acompaño a - Tolosa le dieron por penitencia que llevasse alla el processo o - sentencia de su Padre y que hiziesse desenterrar los huesos y los - quemasse y tragesse relacion dello de los Inquisidores de Tolosa, y - assi lo execute. - - 2. Martin de Santangel, porque siendo cristiano hazia ceremonias de - Judios, complice en la dicha muerte del santo Inquisidor, aver - contribuydo en el dinero recogido para ella, traer en sus horas - quatro oraciones en hebreo y aquellos rezava, quemaronle en - estatua. - - 3. Violante Salvador, muger de Caspar de Santa Cruz, por ceremonias - Judaycas, y no guardar el domingo. Por lo qual dezian sus criados - que mas parecia su casa de Judios que de cristianos, y antes de yr - a missa comia, y ponia tozino en la olla de los mozos y no en la - suya porque guardava la ley de Moysen, quemaronla en estatua. - - 4. Garcia lopez, mercader, que siendo cristiano hizo ceremonias - Judaycas y dava limosna a la cedaza, y tenia horas y Biblia en - Hebreo, y nunca se confesso ni comulgo, y no creya que en la ostia - consagrada estava dios, y tenia una mandragula en su cama y cada - dia ponia en ella cinco sueldos y se yva a missa y quando querian - alzar la ostia se salia de la yglesia, y entrava en su camara a ver - la mandragula y allava diez sueldos en ella, y luego la adorava en - el culo cada dia, quemaronle en estatua. - - 5. Pedro de Exea mercader, siendo cristiano hizo ceremonias - Judaycas, comio Amin y Arruqueques y carne en dias prohibidos, yva - a las cabañas de Judios y dava limosna por la ley de Moysen, y avia - dado dineros a su muger para la bolsa contra la Inquisicion para - efectuar la muerte del santo Inquisidor, de que tuvo mucho placer. - quemaronle. - - 6. Violante Ruys muger de N. de Santa Maria siendo cristiana hizo - ceremonias de Judios, comia carne en dias prohibitos, nunca se - santiguava ni arrodillava al alzar la ostia. quemaronla. - -Auto 12. -1486. - - A 6 de Agosto, domingo, predico el Maestro Garcia y salieron - penitenciados por hereges - - 1. Joan de Santa Clara, por ceremonias y ayunos de Judios, volver - los ojos por no ver alzar en missa, y quando contratava con - cristiano de naturaleza lo procurava engañar, y se alegrava y dezia - a otro confesso, Calle que estos cristianos de natura decaen poco a - poco les daremos su ajo. Inviava a sus hijos à la Juderia para que - les diessen la bendicion, y tenia una mandragula y la adorava en el - culo, y dava limosna a la cedaza. fue penitenciado. - - 2. Diego de yta. } - 3. Clara Belenguer muger de } - Joan frances. } Por ceremonias Judaycas y - 4. Gracia Esplugas } otros graves errores en la - 5. Leonor salillas muger de } fe, y no creer en muchos - Pedro Santa Clara. } misterios della. - Penitenciados. } - - - -Auto 13. -1486. - - A 24 de setiembre domingo en la seo, predico el Maestro Martin - Garcia, y salieron por hereges con corozas los siguientes. - - 1. Beatriz lobera por ceremonias Judaycas y dezir que los - cristianos eran idolatras. - - 2. Violante Velviure, muger de M^{r} Gonzalo de Santa Maria, - ceremonias Judaycas. - - 3. Isavel Cruyllas, muger de Pedro de Almazan, ceremonias Judaycas, - y porque hizo enbendar a un hermano suyo difunto a lo Judayco, y a - un hijo enfermo lo hizo passar tres vezes por bajo de la horca - tapiada en fe de que sanaria, y dezir que los cristianos de natura - eran cristianos de mala ventura, y aver comido huevos crudos el dia - de la muerte de su hermano, ceremonia de Judios. - - 4. La muger de Redo, hazia parar una mesa con mantiles en la - bodega, diziendo que vendria a comer en ella el diablo y que le - daria muchos bienes de fortuna, y mandava a la criada que quando - cubriesse la mesa no dizesse Jesus aunque viesse algo, y que la - mataria si lo nombrava, y por ceremonias Judaycas. - - 5. Antona Rodriguez, por dichas ceremonias, y degollar las aves al - modo Judayco, y echar sobre la sangre polbo, y hazer que le - bendijesse un Judio los bestidos. - - 6. La muger del bermejo, no sabia el credo sino asta Patrem - omnipotentem, y ceremonias Judaycas. - - 7. Joan de Pueyo, trasmudador por casado dos vezes. - - 8. Francisco del Royo, ceremonias Judaycas. - - 9. Miguel de Almazan, por no aver notificado que estava - circuncidado estuvo con cirio al pie del altar. pareciasele la faba - de la parte alta (?). - - 10. Maria de llano testifico que vivian como Judios luys y Joan de - Joan Sanchez y su muger, y el luys sanchez tuvo noticia dello y - offrecio a dicha Maria muchas vezes que si yva y dezia a los - Inquisidores que lo que avia depuesto contra ellos era con malicia - y le desdezia la casaria y le daria para un manto, y de lo mismo le - ablo un dia m^{r} Alonso Sanchez en el carmen, y con esto la - hizieron desdezir. Pero despues volvio a confessar la verdad, - confirmando lo que avia testificado contra ellos primero. Por lo - qual estuvo en la grada del tablado con un cirio. - -Auto 14. -1486. - - A 21 de Octubre savado en la plaza de la seo, predico el Maestro - Martinez, fueron relajados al fuego los siguientes. - - 1. Bernad de Robas mercader, padre de Francisco de Robas, passo a - las ceremonias de judios, y los Viernes Santos se ponia un capirote - de Judio, y uno de estos Viernes el y otros confessos comieron - gallinas y capones en cierta casa, y dezia, Pues estos cristianos - de mala ventura hazen oy el llanto, hagamos nosotros el canto. - quemaronle. - - 2. Galceran Belenguer velero, se passo a las ceremonias Judaycas, - travajava los domingos, y decia que la ley de Moysen era mejor que - la de Jesu cristo, y un dia passando unos frayles de la Compania de - Santa Maria de Jesus, dijo como se hallaran burlados estos, pues no - ay otro mundo sino este. quemaronle. - - 3 Gabriel de Aojales mercader, dezia ser mejor la ley de Moysen que - la de los cristianos, y un dia leyendo en presencia de otra persona - la Biblia dijo, mirad si es mejor creer a todos estos profetas que - no a lo que dizen aquellos doze borrachos, entendendolo por los - doze Apostoles de Cristo n. s. passo a las ceremonias Judaycas y le - quemaron. - - 4. Guillen de Bruysan mercader, hazia las mismas, y dezia que - qualquier que viniesse contra la ley de Moysen haria mal fin, y que - ella era mejor que la de los cristianos. quemaronle. - - 5. Gonzalo de Yta, por dichas ceremonias y comio en la Juderia y - muchos vezes con su Padre que era Judio. quemaronle. - - 6. Rodrigo de Gris carnicero, Padre de mossen Gris, fue sacado - primero en otro auto por herege, y aviendole penitenciado en darle - por carcel una casa cave san Felipe, y con penas de Relapso se fue - de la carcel y bolvio a cometer los mismos crimines, y en este auto - le quemaron en estatua. - - 7. Maria Labadia muger de Martin Salvador panicero comia carne - viernes y savados, y los viernes por la tarde ponia manteles - limpios en la mesa, y dos lamparas encendidas colgadas en una - querda a cada punta de la mesa, y los otros dias comia en mesa - diferente, y dezia que no lo queria hazer delante de su yerno - porque era cristiano de mala ventura, y que la ley de Moysen era - mejor que la nuestra y que se avia allado y venido en la muerte del - Inquisidor M^{e} Epila, y por ceremonias Judaycas. La quemaron. - -Auto 15. -1486. - - A 29 de Noviembre domingo, en la plaza de la seo, predico el M^{e} - Martinez, y fueron condenados al fuego los siguientes. - - 1. Pedro de Moros, por ceremonias de Judios y dezir que la ley de - Moysen era la mejor de todas, y que el Rey que hazia la guerra a - los Moros venia contra el mandamiento de dios. - - 2. Alvaro de Sevilla carnicero, el dia que ayunava el ayuno de - Quipur abrazava a otro confesso por ceremonia de Judios y dezia que - la ley de Moysen era mejor que la de Cristo. - - 3. Cristoval de Gelba comia con los moros de sus manjares y - conversava con ellos y dezia que era Moro y que le llamavan Alfans, - y hazia oracion en la Mesquita como moro, y ceremonias Judaycas. - - 4. Joan de Vitoria por las mismas y por pedir por las Juderias para - la cedaza, diziendo que era Judio. - - 5. Catalina Sanchez, Madre de Mossen Pedro Bagues por dichas - ceremonias y hazer todas las cosas de los Judios y observar sus - ritos. - - 6. Francisca Daniel muger de Jayme Daniel por dichas ceremonias y - enbiar limosna para bendezir las fazes de sus hijos al Ravi de la - Juderia y les hazia llevar antorchas delante de la Tora. - - 7. Blanquina Fernandez, muger de Pedro Fernandez corredor, por lo - mismo que Francisca Daniel. - - 8. Blanca de Adam alias Leonor de Montesa, por lo mismo. - - 9. Maria Rodriguez passo a las ceremonias Judaycas, fue muger de - Joan Rotoner tinturero, nunca supo el credo, hazia bendezir sus - hijos al Ravi, no creya que en la ostia consagrada estuviesse dios, - y quando massava hechava pedacillos de massa en el fuego, ceremonia - Judayca. - - 10, 11. Pedro y Luys de Almazan, hijos de Manuel de Almazan porque - estavan circuncidados los tenian por sospechosos en la fe, y assi - les dieron por penitencia que mientras se dezia en la Yglesia el - officio assistiessen con sendas belas, y los desterraron de - Çaragoça por diez años. - -Auto 16. -En el portillo -sacaron solamente -a -este reo. -1486. - - Micer Francisco de Santa Fe complice en la muerte del Santo M^{e} - Epila estando preso en la Inquisicion viernes a 15 de Deziembre de - este año 1486, entre ocho y nueve de la mañana se arrojo desde las - almenas de la torre en donde estava su carcel, en camisa, y del - golpe quedo muerto, y este dia lo llevaron junto al portillo, y - alli le mandaron leer los Inquisidores su processo en donde se dijo - como avia passado a las ceremonias Judaycas, y que en su casa - enseñava a un Judio las oraciones dellas, y dezia que la ley de - Moysen era mejor que la de cristo, y que qualquier buen Judio se - podra salvar, era retajado, y leyda su sentencia le quemaron y - pusicron los guesos en su camisa y en una cajuela lo hecharon por - ebro abajo. Este auto lo quento por el 16, por averse hecho con - toda esta solennidad. - -Auto 17. -1486. - - A 17 de Deziembre domingo en la seo predico el M^{o} Martin Garcia - y fueron condenados por hereges los que se siguien. - - 1. Fernan lopez de Teruel porque siendo cristiano hazia ayunos y - ceremonias de Judios, y dezia que la ley de Moysen era mejor que la - de los cristianos, y quando se confessava nunca dezia verdad. - - 2. Bernad Sabadias por lo mismo y teniendo por mejor la ley de - Moysen dezia que la de los cristianos toda era trancos barrancos - (?). - - 3. Bartolome Sanchez por ayunos y manjares Judaycos, yr a la - sinagoga con los Judios, y aver dicho a uno dellos, Cornelio bien - te estas en la ley de Moysen que mejor es que la de los cristianos. - - 4. Gilabert de Almazan que siendo cristiano passo a los manjares y - ceremonias Judaycas, dezir que tan bien se podra salvar el buen - Judio como el cristiano y que no havia Infierno, y que el Parayso - era tener dinero, y que un dia que jurava por la ostia consagrada, - sabiendo uno de los que le oyeron que mentia le dijo que porque - jurava mentiendo, y le respondio que todo el juramento era burla, y - quando alzavan en la missa se passeava sin arrodillaise jamas. - - 5. Beatriz Daniel, muger de caseda el calcetero, porque despues de - vuelta cristiana siguio los ritos Judaycos. - - 6. Isavel Matheo, muger de Leonart Sanchez por lo mismo, y aver ydo - a la fiesta de la circuncision de un Judio. - - 7. Isavel Belloc, muger de Leonart de Sabrelas, por ceremonias, - manjares y ayunos Judaycos. - - 8. Salio tambien un cristiano por blasfemo de dios y de nuestra - señora, atravesada la lengua por una caña el rato que duro el - officio. - - 9. Un Judio por blasfemo, con freno en la boca, y espuerta de paja - y coroza. estuvo assi quando duro el officio - -Auto 18. -1487. - - A 21 de henero Jueves en la plaza del Portillo, predico el M^{o} - Martinez, y salieron condenados al fuego - - 1. Joan de la badia difunto, sobre una cavalgadura, que el dia - antes se desespero en la carcel comiendose una lampara de vidro a - pedacitos, fue este malvado quien anduvo mas de año y medio por - matar al Santo Inq^{r} M^{e} Epila en compañia de Esperandeu, Mateo - Ram, Vidau frances y otros Judios inducidores que yvan en su - compañia con mascaras. este Juan de labadia fue quien dijo a Vidau - frances dale que este es. Arrastraronle difunto, y le cortaron las - manos, y lo hizieron quartos, que los pusieron por los caminos. - - 2. Pedro de Almazan mercader que despues de cristiano hizo - ceremonias de Judios, inducidor y complice de dicha muerte, fue - quemado in estatua. - - 3. Anton Perez, que vuelto cristiano hizo ceremonias Judaycas, y - tratandose un dia en su presencia del S^{to} Inq^{dor} dizo que - seria mejor matalle, y que se haria con 200 florines. fue quemado - en estatua. - - 4. Joan Belenguer corredor, que despues de convertido a la fe - volvio a los ritos de Judios y un Jueves santo lo hizieron azotador - de Jesu cristo, y el se alababa dello, diziendo yo os juro a dios - que yo me bengare y me tirare el deseo y le fustigare de azotes, - yva con su muger a las cabañas de los Judios y dezia Yo Judio soy, - y tengo placer de ser Judio. quemaronle en estatua. - - 5. Pedro de Vera notario, que vuelto cristiano volvio a los ritos y - manjares Judaycos, ayunava el quipur, y era recogedor de la moneda - y bolsa de los confesses, y encendia las lamparas de la sinagoga. - quemaronle in estatua. - -Auto 19. -1487. - - A 15 de Febrero domingo, en la seo, Predico fray Pedro ferriz Prior - de S. Augustin, salieron en el auto los siguientes. - - 1. Anton de ojos negros Çapatero, por ceremonias y ayunos de Judio - y dezir que nuestra santa ley era burla y que no la creya. - - 2. Ramon Cruyllas, que siendo cristiano hazia ritos de Judio. - - 3. Jayme de Robas mercader, que vuelto cristiano passo a las - ceremonias Judaycas y por consejo de Pedro de Urrea y de Alvaro de - Segovia dava limosna a los Judios y dezia que el misterio de los - santos corporales de daroca era cosa de burla y bellaqueria, y que - no lo creya nada. - - 4. Joana de la Tiria, muger de diego de la Tiria sastre, vuelta - cristiana uso de todas las ceremonias de Judios, no savia del credo - sino asta creatorem celi et terræ, no creya que en la ostia - consagrada estuviesse el cuerpo de Cristo dios y hombre, dezia que - los Judios no le avian muerto y avia ayunado el quipur mas de 30 - años. - - 5. M^{e} Joan de lo poret bainero por casado dos vezes. - - 6. Leonor Calvo, segunda muger de loporet, en vida de su marido. - -Auto 20. -1487. - - A 15 de Marzo en la plaza de la seo Jueves. Predico el Maestro - Miguel y fueron condenados al fuego - - 1. Joan Rodriguez, mercader, porque vuelto cristiano volvio a, las - ceremonias y ritos de Judio, y dezia cristianos de natura - cristianos de mala ventura, y quando alguno dezia Jesus respondia - callad que es nombre de Penzat. - - 2. Pedro fernandez, corredor, despues de cristiano volvio a las - ceremonias de Judio, y estando muy enfermo le dezia una hermana - suya, hermano encomendaos al dios de Abraham, y el no le respondia. - - 3. Joan ortigas mayor, corredor, que vuelto cristiano Judayzo y - comia carne en la quaresma, y dezia aquel refran de cristianos de - natura &c., y porque sermonava en casa de un Judio la ley de Moysen - donde azotavan la imagen de un crucefisso, y el era uno de los que - azotavan, y despues lo hecharon en el fuego para que se quemasse. - quemaronle en estatua a este impio. - - 4. Joan Ram, despues de hecho cristiano volvio a los ritos de Judio - y llebaba una nomina escrita en hebreo, fue yerno de Joan de - Perosanchez y factor y assessino del S^{to} Inq^{or} y daba dinero - para hazerla.--quemaronle en estatua. - - 5. M^{r} Alonso Sanchez, por ceremonias y comidas de Judios, y - porque bestido con roquete como Rabi leya à otros malos cristianos - la ley de Moysen, y azotaban despues un crucifisso y lo arrojavan - en el fuego. Ybase a la sinagoga a rezar con su capirote y tabardo - de Judio y trabajo con todas sus fuerzas porque matassen al S^{to} - Inq^{or}, y por ello prometio buena paga y lo trato con algunos - diziendoles que sino querian matar al Inq^{or} M^{e} Epila almenos - matassen a M^{r} Martin de la Raga qui era Asessor de la enquesta. - Arrastraron su estatua y despues la quemaron. - - 6. Garcia de Moros, notario, que vuelto cristiano volvio tan bien a - las ceremonias Judaycas, y aver dicho dos dias antes que matassen - al S^{to} Inq^{or} a un amigo suyo a quien el solicitava mucho para - dicha muerte, haveys visto que caso ha sido matar a m^{r} Pertusa, - pues antes de muchos domingos vereys otro caso mayor, y que - despues de muerto el S^{to} Inq^{or} dijo a un otro amigo, que os - pareze de esta muerte, quan bien hecha ha sido, y respondiendole el - amigo que no dizesse tal, y reprehendendole dello, le bolbio a - dezir, dejaos estar desso que todo se passara. Arrastraron y - quemaron su estatua. - - 7. Leonor Perez, muger de Garci } - lopez. } Todas tres por ceremonias - 8. Angelina Sanchez, muger de } ayunos y comeres - Guillen Buysan. } Judaycos fueron quemadas - 9. Gostanza de Segovia, muger de } en estatua. - luys de la cabra, argentero. } - - 10. Joan Frances, despues de cristiano hizo ceremonias de Judios y - dezia el salmo de la maldicion porque dios matasse al Inq^{or} al - Rey y a la Reyna, dezia que no avia otro parayso sino el dinero y - que mas queria yr al Infierno con los ricos que al parayso, y - quando yva a missa dezia por escarnio que yva a masar, fue - sospechoso en la muerte del S^{to} Inq^{or}, quemaronle. - - 12 (11?). Mateo Ram, despues de hecho cristiano volvio a Judayzar y - travajo mucho en procurar se effectuasse la muerte del S^{to} - Inq^{or} y aunque esperandeu le hirio con una estocada en el brazo - y Vidau con la cuchillada del cuello, este Mateo le dio una - estocada que le passo el cuerpo. Arrastraronle y le cortaron las - manos y las clabaron en la puerta de la diputacion, y despues le - quemaron. - -Auto 21. -1487. - - El primero de Abril, domingo en el hospital, predico el M^{o} - Martin Garcia, y pusieron en un cadaalso a la puerta de la yglesia - a un - - 1. Clerigo porque se avia fingido Inquisidor con una probision - falsa en un lugar de Mossen Belenguer de Bardaxi, y avia hecho una - prision a esse pueblo. - -Auto 22. -1487. - - A 6 de Mayo, domingo, en la seo predico el M^{o} Martin Garcia y - estuvieron con cirios al pie del altar en todo el officio los - siguientes. - - 1. Mossen Guillen Sanchez, - - 2. Joan de fatas, notario, - - 3. Pedro Augustin, - - 4. Bernardo Bernardi, florentin - - 5. Pedro Celdrion. Todos cinco porque fueron defensores de - - 6. Joan de Pero Sanchez, heretico, sacrilego, Matador del S^{to} - Inq^{or} y invocador de Assessines y matadores. estando el dicho - Joan de Perosanchez presso en la ciudad de Tolosa de Francia a - instancia de un estudiante que se llamava Antonio Augustin, que - despues fue--de Aragon, y de otros dos estudiantes que lo - escrivieron luego con sus criados avisandolo a los Inq^{es} de - Çaragoça como le avian hecho prender. Vinieron los criados con las - cartas a la casa de los dichos Joan de fatas y Pedro Augustin su - hermano, donde los detuvieron abriendo las cartas y las mostraron - al dicho Mossen Guillen Sanchez hermano del dicho Joan de - Perosanchez, y luego escrivieron todos los cinco a los estudiantes - de Tolosa y a otros amigos para que alli renunciassen el reclamo de - la prision y le hiziessen soltar, y assi se hizo, y despues de - hecha esta diligencia con ellos dieron las cartas a los Inq^{res} y - ellos despacharon a Tolosa para que lo tuviessen a buen recado, - pero ya entonces estava libre de la carcel Joan de Perosanchez. For - este delicto los hizieron abjurar a los cincos y que si tornavan a - hazer tal o semejante delicto les darian la pena del derecho, y los - condenaron a todos cinco en mil florines de oro y en las expensas - hechas y por hazer, y los pribaron de sus officios quedando en - arbitrio de los Inq^{res} el priballos de officio y beneficio. - -Auto 23. -1487. - - A 20 de Mayo, domingo en la seo, Predico el M^{o} Forcat, y huvo en - el cadalso 6 mugeres y un hombre, y al pie del altar quatro - hombres. - - 1. Leonor Castillo, muger de Alvaro de Sevilla, Judayzante. - - 2. Beatriz Coscolluela, muger de Pedro Pedraza, Judayzante. - - 3. Joana Trigo, muger de Joan de Altabas, Judayzante. - - 4. Isavel de Rueda, madre de Pedro Salvador, lo mismo. - - 5. Violante Mongua, muger de Jayme Santa Clara, lo mismo. - - 6. Maria del Rio, muger de Gonzalo Ruyz, Judayzante y comer carne - en quaresma. - - 7. Joan de Altabas, pintor, por ceremonias de Judios. - - 8. Anton de Jassa, despues de cristiano por Judayzante comer - arrecuques y Amin y carne en quaresma, y sospechoso de la muerte - del S^{to} Inq^{or}. - - 9. Garcia de Moros el Joben estuvo con un cirio por sospechoso de - la dicha muerte, y por yr a jugar a las canañuelas de los Judios. - - 10. Pedro Pinet, capellan de Alcañiz, que defendia cinco opiniones - hereticas contra la s^{ma} trinidad. - - 11. Joan Traper por fautor y defensor de hereges, y aver querido - matar a Anton Baptista por un testimonio signado que no se puede - aver, y dezir yo tanto tengo de una missa como un asno de una - albarda, y que queria hazer un hijo en savado para que fuesse Ravi - y por sospechoso en la muerte del S^{to} Inq^{or}. - -Auto 24. -1487. - - A 18 de Agosto savado en la plaza de la seo, Predico el M^{o} - Martin Garcia, fueron condenados a muerte y al fuego, - - 1. Diego de Gotor notario y procurador, que despues de convertido a - la fe volvio a las ceremonias de Judio, y dijo que seria bien matar - al S^{to} Inq^{or} porque no osasse venir otro, y que assi se - desharia la enquesta.--quemaronle en estatua. - - 2. Pedro de Almazan menor, que convertido a la fe volvio a las - ceremonias y manjares Judaycos, y dijo que seria bien matar al - S^{to} Inq^{or} y dio dinero en la bolsa comun para dicha muerte, y - averse allado con otros en azotar un crucifisso--quemaronle en - estatua. - - 3. Pedro Salvador, hijo de martin Salvador, nieto de Joan de la - badia porque cupo en la muerte del S^{to} Inq^{or}, y aver dado de - puñaladas a la muger de Pedro el carnicero porque avia sido testigo - en la enquesta contra su madre.--le quemaron en estatua. - - 4. N. muger de Pedro Navarro, botiguero que hecha cristiana volvio - a los ritos, ayunos y ceremonias de Judios, y que al tiempo de - alzar el SS^{mo} SS^{to} volvia los ojos por no verlo.--quemaronla. - - 5. La madre de Anton Romeo, que convertida a la fe volvio a los - ritos de Judios. - - 6. Leonor de Bello, madre de Abadia, por Judayzante, quemada en - estatua. - - 7. Valentina Tamarit, muger de luys de Joansanchez, lo mismo. - - 8. Mossen luys de Santangel, a quien el Rey don Jayme [Juan] armo - caballero en la guerra de Cataluña, despues de convertido a la fe - volvio a las ceremonias de Judio, y hazia oracion en hebreo, y - tenia la Tora en un altar en la torre de la huerta, y teniendo - enfermo a un hijo dijo que dios no le podra sanar, y a un capellan - que le dezia unas missas, Mas creo y mas fe doy a un p^{r}. x^{r}. - que dize mi hija casera suya que a quanto vos dezis. y a una ymagen - de un crucifisso la azotava, y escupia en la cara, y le hazia - muchos vituperios, y lo tenia embuelto en un trapello bien ligado - con unas cabezadas de mula. y se avian ajuntado en su casa, que era - la que agora es de Alonso Celdron Bayle, para tratar la muerte del - S^{to} Inq^{or} los siguientes, Joan de Perosanchez, Gaspar Santa - Cruz, Garcia de Moros, Mateo Ram, Micer Alonso Sanchez, Micer - Montesa y otros. Y otra vez se juntaron en casa de dicho Montesa, - otra en el Portillo, otra en Santa Engracia, otra en el Temple, y - el dijo a los otros que matassen al Inq^{or} y a M^{r} Martin de la - Raga, y a M^{r} Montes frances a todos tres y a alguno dellos, y - como fue alli concertado tomo cargo dello el dicho Mossen luys - Santangel porque era hombre de espada, y Joan de Perosanchez que - era hombre dineroso, y ambos dieron la orden y recado para que se - hiziesse la muerte. Micer Algar Reg^{te} le dio por sentencia que - le fuesse cortada la cabeza en el mercado, y que le pusiesse en un - palo, y que el cuerpo fuesse quemado fuera de la puerta quemada, y - assi se execute. - -Auto 25. -1487. - - A 20 de Agosto lunes en la plaza de la seo, predico el Mº Martinez, - fueron condenados a muerte tres hombres y una estatua. - - 1. M Jayme Montesa Jurista, del qual dijo su processo que despues - de convertido a la fe hazia ceremonias de Judio, y que un Viernes - santo estando en Calatayud hizieron unas desponsalias de un Judio - con una Judia y dijo M^{r} Montesa a un escudero suyo que baylasse - en ellas, y el le respondio que no baylaria en tal dia porque mas - era dia de plorar, porque estando los cristianos en la yglesia en - tales dias no era hora de reyr, y dijole Montesa que si facian el - planto, que dios les diesse el crebanto, y esto otorgo muy - largamente por escritura de su mano, y como se havia allado en el - trato de la muerte del S^{to} Inq^{or} M^{e} Epila, y como para - ello se havian ajuntado en el temple dos meses antes que la - executassen el y Mosen luys de santangel, Joan de Perosanchez, - Gaspar de Santa Cruz, Garcia de Moros, M^{r} Alonso Sanchez, Martin - de Santangel y otros que alli se hallaron, y que dieron poder a - Joan Sanchez porque era dineroso, y a Mossen luys porque era de - Espada, y a otros que no se nombran, que en ello diessen orden y - recado para hazer esta muerte y la de M Martin de la Raga y de - M^{r} Pedro Montes frances, y que los sobredichos se ajuntaron otra - vez en el portillo y dijeron como que se tardava mucho, y que no se - hazia nada, y respondieron los que lo tenian a su cargo como ya se - travajava en ella y que tenian personas que la pondrian en - execucion, y que havian estado dos noches en la seo en Maytines y - no le havian podido allar y que no cuydassen dello que muy presto - pondrian en effecto dicha muerte, y que al cavo de pocos dias se - volvieron a juntar en S^{ta} Engracia y les dijeron otra vez a los - solicitadores de este caso que como se tardava tanto y respondieron - que presto darian recado en dicha muerte, la qual perpetraron de - alli a pocos dias. Mas dezian en su processo que habia el conbidado - o allado a un hombre para si queria matar al Inq^{or} y que el - hombre le respondio que no, y despues que fue muerto el Inq^{or} se - topo con el dicho hombre y le dijo, Bueno fuera ganar 150 florines - que ya es fecho aquello, a lo qual le respondio el hombre, Buen - provecho os haga, que yo no me curo dello, Antes creo que todo este - mal vendra sobre vosotros, a lo qual le respondio M^{r} Montesa lo - fecho fecho es, que con el dinero lo faremos todo bueno con el Rey - y con la Reyna, y todos los de la corte son nuestros, y los grandes - de este reyno tan bien, que todo se passara. Y un dia despues del - caso se hallaron dichos M^{r} Montesa y Gaspar de Santa Cruz y que - le dijo 600 florines questa la muerte del Inq^{or}. fuele dada - sentencia por M^{r} Algar Reg^{te} que le cortasen la cabeza en el - mercado y la pusiessen en un palo, y le quemassen el cuerpo fuera - de la puerta quemada. - - 2. Leonor Montesa, hija de dicho M^{r} Jayme Montesa, muger de Joan - de Santa fe de Tarazona, siendo Bautizada vivia como Judia y seguia - sus ritos, y avia 50 años que ayunava el quipur y dava limosna a la - cedaza y aceyte a las lamparas de la sinagoga. quemaronla. - - 3. Violante de leon, Madre de Galceran de leon procurador por lo - mismo que a la dicha leonor, y porque no creya que en la ostia - consagrada estuviesse dios. quemaronla. - - 4. Cristoval de Gelva, despues de convertido a la fe, Judayzo y - passo a la ley de Mahoma, dieronle por carcel perpetua el hospital - de nuestra S^{a}. de Gracia, como a Relapso, y quebranto la carzel, - y le quemaron en estatua. - -Auto 26. -1487. - - A 8 de Diz^{e} domingo en la seo, predico el Maestro Martinez, - fueron sacados al cadaalso por hereges - - 1. Doña Catalina de Cuenca que hecha cristiana volvio a las - ceremonias de la ley de Moysen y tuvo algunos errores. - - 2. Esperanza Quilloc. - - 3. Clara Cerbellon, muger de Ginones verguero. - - 4. Maria Rodriguez muger de Pedro Angel chapinero. - - 5. Leonor Maza, muger de Jayme Garcia mercader. - - 6. Isavel de Genua, muger de Bar^{o} de Soria potrero. - - 7. Brianda de Gauna hija de Mossen Alvaro de Gauna. - - 8. Gracia de Anguas Vivas, muger de Joan Ruyz calcetero y de - Guillen Ruyz belero. - - 9. Isavel de leon, muger de Joan de leon calcetero, fue a los - desposorios de Jaque Judio hermano de su marido. - - Todos nueve por Judayzantes, ayunos y comeres de Judios. - -Auto 27. -1488. - - A 10 de Febrero Domingo, en la seo, Predico el Maestro Alfonso - forea, canonigo de nuestra Señora y salieron penitenciados en el - - 1. Mossen Pedro Santangel Prior de daroca, dezia su processo que - rogo y pago a Joan Gascon casero de la Torre de Mossen Luys porque - digesse a los Inq^{es} que Mossen Luys era buen cristiano y que el - lo havia visto disciplinarse delante de un crucifisso, y no era - verdad. estas y otras cosas hizo por escapar a su hermano y por - esse estuvo con un cirio en la mano delante del altar mayor, y no - le privaron de nada. - - 2. Joan Gascon porque testiguo en favor de Mossen Luys por rogarias - del dicho Prior, dijo que havia dicho verdad en lo que avia - testificado, le dieron la misma penitencia. - - 3. Jayme diez de Almendarez señor de Cadreyta navarro porque tuvo - en su casa y favorecio a Martin de Santangel a Garcia de Moros y a - Gaspar de Santa Cruz y a su muger, y recivio dellos sesenta - florines que le dieron de oro. fue penitenciado como los - precedentes. - - 4. Manuel de Tudela pontero, por aver ydo a Villanueva muchas vezes - a persuadir a una muger que se retratasse de lo que avia - testificado contra Violante Ruiz Viuda de N. de Santa Maria, - dieronle la misma penitencia. - - 5. Elvira de Uncastillo por aver depuesto por rogarias del Prior de - daroca en favor de su hermano el dicho Mossen luys de Santangel, y - confesso que no era verdad lo que avia dicho contra el, la misma - penitencia. - - 6. Joan Julian corredor por aver solicitado por orden de Jayme - trafer el qual le dio 20 florines de oro y casa franca de loguero a - una muger para que se desdigesse. dieronle la misma penitencia. - - 7. Nicolao suseda Borgoñon por casado doz vezes estuvo con coroza y - fue condenado a carcel perpetua. - - 8. Violante Ram, muger de N. Altabas por aver ayunado el quipur y - ensenadolo a los muchachos que tenia, salio con coroza y carcel - perpetua. - - 9. Sancho de Peña panicero por casado dos vezes, coroza y carcel - perpetua. - - 10. Joan de Zamora porque estando en la ciudad de Medina ablando - con unos hombres de la ostia consagrada que dichas aquellas - palabras estava dios alli, respondio el andad alla que es burla que - dios no baja a ella, que yo se como se hazen aquellas ostias con - unos hierros, que todo es burla que alli no esta dios. diosele - carcel perpetua. - -Auto 28. -1488. - - A 15 de Febrero Biernes sacaron muerto de la Aljaferia a - - 1. Pedro Navarro chapinero que estava preso por herege y murio de - enfermedad, sacaronle a quemar, y estava circuncidado, y - circuncidava sus hijos, y vivia como Judio y ayunava el quipur. - -Auto 29. -1488. - - A 2 de Marzo, domingo en la seo, Predico el Maestro Martin Garcia y - salieron a el las siguientes. - - 1. Aldonza Ribas Altas que por estar enferma la llevaron en un - escaño delante del altar mayor con coroza y manteta por Judayzante, - esta era Madre de Maestre Ribas altas medico del Rey catolico don - fernando el de la poma de oro que fue quemado vivo por traer en la - poma un pergaminillo y en el pintado a cristo n. s^{r} crucificado - y sobre el retratado el medico asentado de forma que parecia le - besava la santa Imagen en el culo. dizen que viendo este pergamino - el Principe don Joan que lo mostro al Rey catolico su padre y que - de ay tuvo origen el mandar expeler los Judios de españa sino se - convertian. - - 2. Maria de Esplugas, hija de Gilaberte de Esplugas porque siendo - cristiana usso de ceremonias y manjares de Judios, y por consilio - de su madre ayunava el quipur, y despues que huvo visitado las - yglesias un Juebes S^{to} fue a la Juderia à hacer colacion, y - comio arecuques, no la privaron de bienes por averse ydo ella - espontaneamente a delatar. - - 3. Justina Macipe } Por comeres y ceremonias - 4. Pedro de Segovia } Judaycas. - 5. Joan de Prades, tegedor } - 6. Pedro fernandez, panicero } Por casados dos vezes. - 7. Pasqual de Reglas, labrador } - - 8. Pedro Gomez, Alcayde } Ciudadanos de Tudela salieron delante - 9. Guillen de fatas } del altar mayor por solicitadores - 10. Martin de Aguas } de Joan de Perosanchez - 11. Pedro Manarriz } y de su muger, Martin de Sant - 12. Joan Bazquez } Angel, Gaspar de Santa Cruz y - 13. Joan de Aguas } su muger, Garcia de Moros, - 14. Joan de Magallon } Mossen Pedro Mañas y de los - 15. Joan de Carriazo } dos Pedro de Almazan mayor y - 16. Otro hombre } menor, todos hereges y factores - } de la muerte del S^{to} Inq^{or}. - - Auto 30. March 21, 1488, Eleven penanced. - Auto 31. May 4, 1488, Three penanced. - Auto 32. Aug. 10, 1488, Five penanced. - Auto 33. August 17, 1488, One penanced. - Auto 34. September 7, 1488, One penanced. - Auto 35. January 25, 1489, Fourteen penanced. - Auto 36. May 2, 1489, Two penanced and three burnt. - Auto 37. May 10, 1489, Thirty-eight penanced. - Auto 38. May 2, 1490, Twenty-nine penanced. - Auto 39. May 9, 1490, Twenty-seven penanced. - Auto 40. November 28, 1490, Seventeen penanced. - Auto 41. April 22, 1491, Eight penanced and one burnt. - Auto 42. May 15, 1491, Twenty-four penanced. - Auto 43. July 8, 1491, Ten burnt. - Auto 44. July 17, 1491, Six penanced. - Auto 45. March 28, 1492, Eleven penanced. - Auto 45 (_sic_). September 8, 1492, Twenty-one penanced. - Auto 46. September 28, 1492, Thirteen burnt. - Auto 47. November 11, 1492, Twelve penanced. - Auto 48. June 2, 1493, Nine penanced and thirteen burnt. - Auto 49. December 22, 1493, Seventeen penanced. - Auto 50. May 7, 1494, Six penanced. - Auto 51. January 9, 1495, Six burnt. - Auto 52. January 18, 1495, Seven penanced. - Auto 53. June 30, 1495, Six burnt. - Auto 54. July 2, 1495, Fourteen penanced. - Auto 55. October 7, 1496, Twenty-two penanced. - Auto 56. June 27, 1497, Ten penanced. - Auto 57. March 12, 1498, Seven penanced. - Auto 58. May 5, 1498, Three burnt. - Auto 59. February 22, 1499, Eleven burnt. - Auto 60. February (August?) 4, 1499, Seven penanced. - Auto 61. September 13, 1499, Four burnt. - Auto 62. September 15, 1499, Four penanced. - Auto 63. January 18, 1500, Six penanced. - Auto 64. May 31, 1501, Seventeen penanced. - Auto 65. March 15, 1502, Eleven burnt. - - -_Resumen de los castigados en los Autos referidos._ - - Año 1484 7 - 1485 3 - 1486 80 - 1487 52 - 1488 45 - 1489 57 - 1490 73 - 1491 49 - 1492 58 - 1493 39 - 1494 6 - 1495 34 - 1496 22 - 1497 10 - 1498 10 - 1499 26 - 1500 6 - 1501 17 - 1502 11 - --- - 602[1347] - - -XIII. - -LETTER OF CARLOS III TO THE POPE, DECEMBER 26, 1774, ASKING HIM TO -CONCEDE THE FACULTIES OF INQUISITOR-GENERAL TO FELIPE BERTRAN, BISHOP OF -SALAMANCA. - -(Archivo General de Simancas, Secretaria de Gracia y Justicia, Legajo -629, fol. 15). - -(See p. 304). - -MUY SANTO PADRE. Por muerte del muy Reverendo en Christo Arzobispo, Don -Manuel Quintano Bonifaz, ha vacado el cargo de Inquisidor General de -todos mis Reynos, y descando que quien le huviere de succeder en este -empleo sea el que mas convenga al servicio de Dios y de su Iglesia, -conservacion y aumento de la fé catolica he nombrado al muy Reverendo in -Christo Padre Don Bertran, Obispo de Salamanca por concurrir en su -persona las calidades de virtud, sangre, autoridad y prendas que le -hacen digno de ocuparle, y encargo á mi Ministro Plenipotentiario Conde -de Floridablanca que en mi Real nombre suplique á Vuestra Santidad tenga -por bien de mandar despachar á favor del referido Obispo de Salamanca -Don Felipe Bertran el Breve que se acostumbra para exercer el expresado -cargo, y pido á Vuestra Beatitud que dando entera fé y credito al Conde -de Floridablanca en lo que á este intento representare en mi Real nombre -se sirva Vuestra Santidad de acordar la gracia que solicito. Nuestro -Señor guarde la muy Santa persona de Vuestra Beatitud al bueno y -prospero Regimiento de su universal Iglesia. De Palacio á veinte y seis -de Diciembre di mil setecientos setenta y quarto. - -D. V. -Sant^{D.} - -Muy humilde y devoto hijo Don Carlos, por la gracia de Dios Rey de las -Españas, de las Dos Sicilias, de Jerusalem etc. que sus santos pies y -manos besa. - -EL REY. - -MANUEL DE RODA. - - -FORMULA OF PAPAL APPOINTMENT (Ibidem, fol. 1). - -Motu proprio et ex certa scientia ac matura deliberatione nostris, deque -Apostolicæ potestatis plenitudine, te in prædicti Emmanuelis -Archiepiscopi locum tenore præsentium Generalem Inquisitorem adversus -hæreticam et apostaticam a Fide Christiana pravitatem in Castellæ et -Legionis cæterisque Hispaniarum et ab eis dependentibus Regnis, -Principatibus et dominiis eidem Carolo Regi mediate vel immediate -subjectis ... Apostolica auctoritate tenore præsentium ad nostrum et -Sedis Apostolicæ beneplacitum, creamus, facimus, constituimus et -deputamus. - - -XIV. - -RESIGNATION OF INQUISITOR-GENERAL SOTOMAYOR. - -(Archivo de Simancas, Consejo de Inquisition, Libro 176, fol. 1). (See -p. 310). - -Letter to Philip IV.-- - -SEÑOR. Remito á V. M. esas papeles en razon de la renunciacion que V. M. -me tiene mandado hazer de el oficio de Inquisidor general. Si en algo no -fuesen á satisfacion de V. M. siempre me hallo con la misma obediencia á -quanto V. M. fuese servido de mandarme, cuya Real persona guarde nuestro -Señor como su Santa Iglesia lo a menester y como yo siempre se lo -suplico. De Madrid en 21 de Junio, 1643. - -Besa los Reales pies de V. M. su mas humilde criado - -FR. ANTONIO. - - * * * * * - - A nuestro santisimo Padre Urbano 8, Sumo Pontifice de la Santa - Iglesia Romana que Dios guarde.-- - -B^{mo} P^{e}. Yo fray Antonio de Sotomayor, Arçobispo de Damasco, -confesor de su Magestad Catholica del Rey mi señor Phelipe 4^{o}, de su -consejo de estado, comisario general de la santa Cruzada, Inquisidor -general en sus Reynos y dominios; Hallandome muy cargado de años que son -cerca de noventa, ó por lo menos ochenta y ocho y consiguientemente casi -incapaz de poder condignamente satisfacer á oficios de tantas -obligaciones me hallo obligado, postrado á sus santisimos pies, de -suplicarle se digne de escusarme de obligaciones tan grandes á que con -tanta dificultad podre satisfacer, nominando para dichos oficios las -personas que el Rey mi señor tiene por bien de presentar á vuestra -Santidad, que seran sin duda las que convengan á tan grande ministerio, -y para suplir las muchas faltas que yo por mi insuficiencia uviere -cometido en su administracion, para que, á la hora de la muerte que no -se me puede dilatar, lleve este consuelo quando me uviere de presentar -delante de la divina Magestad que sea siempre en favor de su santisima -persona, favoreciendola con muchos favores como se lo suplico y -suplicare siempre. De Madrid 24 de Junio, 1643. - -Beatisimo Padre. - -Besa el santisimo pie de vuestra Santidad su mas humilde siervo - -FR. ANTONIO Inquisidor General. - - -XV. - -EXTRACTS FROM THE CONSULTA OF THE COUNCIL OF THE INQUISITION, MAY 5, -1646, ON THE INDEPENDENT SUPERIORITY OF INQUISITORIAL JURISDICTION OVER -OFFICIALS. - -(Archivo de la Corona de Aragon, Legajo 528). - -(See p. 346). - -Contra estas raçones suelen oponer los celadores de las regalias que la -distribucion de los jurisdicciones es una dellas pegadas á los mismos -guesos de los reyes, que con estos terminos significan su -inseparabilidad real y de aqui infieren que en todo tiempo la pueden -moderar y quitar sin que ninguna potestad se lo pueda impedir. - -Señor, esta razon tiene el vicio de que prueba mucho y si no se limita y -restringe á la intelligencia sana y catolica tira á destruir toda la -jurisdiccion eclesiastica y para este efecto se valió de ella el Rey -Jacobo de Inglaterra en el tratado que dedicó á todos los principes -cristianos, provocandolos á todos á que se hiciese cada uno una cabeça -de las Iglesias de sus reinos, como lo era de la anglicana, y la -limitacion cierta y verdadera de la dicha razon es que la jurisdiccion -civil y politica es inferior á la espiritual y eclesiastica y que para -materias que le tocan por la potestad directa puede tomar y asumir por -la potestad indirecta todo lo que ha menester para su conservacion y -recta administracion sin que las puedan impedir ni disponer en ellas los -principes seculares. Y que las mas propias regalias de la dignidad regia -son de derecho humano positivo ó de derecho de las gentes, y la potestad -suprema que ejerce la inquisicion por delegacion de la Sede apostolica -en las causas de fee y concernientes á ella con todo lo demas de que -necesita para su recto y libre ejercicio directa ó indirectamente -pertenece al derecho divino, y como tal se sobrepone á todo derecho -humano y de las gentes y no esta sugeto á fueros ni leyes humanas, y lo -menos que se puede decir es que los principes seculares tienen -obligacion de darsela como queda dicho, y aunque estos tengan derecho -para que la que se tomare ó diere no sea mas que la que es menester, el -juicio y arbitrio de la necesidad y de la extencion ó limitacion de -aquella pertenece á aquel en quien reside la dicha potestad eclesiastica -suprema, porque funda la que tiene en el derecho divino y no es posible -que sallia la pureça de la fe y la obediencia y rendimiento que los -principes deben á la Iglesia y á su cabeça sientan diferentemente de lo -que aqui se dice, porque es el comun y verdadero sentir de los autores -catolicos y lo que pide la subordinacion de los derechos humanos á los -divinos y de los temporales á los espirituales de lo cual se infiere que -el entendimiento verdadero del axioma ó modo de hablar referido se ha -de restringir al uso de las jurisdicciones temporales que estan en una -misma linea cuando no compiten lo divino con lo humano ni lo espiritual -con lo temporal, porque estas y otras regalias temporales como ellas son -tan inherentes á la potestad regia que no se puede desnudar dellas ni -enagenarles enteramente. - -Señor, todos estos principios son los solidos y seguros y hay en esta -materia con que los señores reyes progenitores de V. M. se han -conformado asi en el sentir como en el obrar y los autores regnicolas de -la corona han sentido y escrito en la misma conformidad y todo lo que -sale de estos terminos con las doctrinas nuevas que pretenden que V. M. -es dueño absoluto de esta jurisdiccion con facultad plena de disponer en -ella para quitarla es incierto, mal seguro para la conciencia, en nada -conveniente para el Estado y muy peligroso el uso de ello no solo de -caer en hierros gravisimos, que despues no tengan reparo sino de que -Dios nuestro señor, cuia gloria es la mas interesada en el libre y recto -ejercicio de la inquisicion, agraviado de lo que en esto se innovare, -execute como suele castigos graves en los que pretenden estas mudanças -que se apetecen con titulo de libertad á que aspiran siempre los reinos -y son medio para perderlos, y quiera Dios que no sea una de las causas -porque padece la Corona de Aragon tantos trabajos con la hostilidad de -los que injustamente la pretenden usurpar, el no acabar de quietarse en -las materias tocantes á la inquisicion, pretendiendo siempre introducir -novedades en ella, conque no solo se desagrada á Dios nuestro Señor sino -se ofende al Estado con las alteraciones que ocasionan los sospechosos -en la fee que suele ser gente sediciosa de que el reino de Aragon tiene -ejemplos presentes cuyos daños no se pudieran atajar sino es por medio -de la Inquisicion.... - -(Siguen otras razones que aclaran lo que la inquisicion pretende -demostrar, las cuales razones en sustancia son) - -3ª Que la jurisdiccion de la inquisicion es espiritual y no pueden -modificarla el rey y las cortes sin el consentimiento del Inquisidor -General. - -4ª Que por su condicion de espiritual la inquisicion esta sobre los -fueros; los derechos con que la inquisicion usa de la dicha jurisdiccion -son superiores á las fueros e independientes de ellos.... - -6ª Que si los brazos se obstinaban en no admitir las razones alegadas -por la Inquisicion S. M. debia como el emperador Carlos V hizo en otras -cortes el año 1516 (_sic_) acordarse de su alma y conciencia y preferir -la perdida de parte de sus reinos á consentir en nada contra la honra de -Dios y en diminucion y desautoridad del Santo Oficio que tanto los -catolicos rey y reyna sus abuelos en sus testamentos y postrimeras -voluntades lo dexaron caramente encomendado.... - -El obispo de Plasencia, inquisidor general y este Consejo suplicamos a -V. M. se sirva mandar se haga assi como lo pedimos en las dichas -consultas con ponderacion de tantas y tan solidas raçones como en ellas -se proponen, excluyendo las pretensiones de los quatro braços y -manteniendo á la Inquisicion en el derecho que tiene y en la posesion en -que está de que toda su jurisdiccion sea tratada en aquel reino de -Aragon como celesiastica y secular y la mas alta de todas como derivada -del derecho divino en que la Iglesia funda la suya, para conocer de las -causas de la fe, y para que no le falten los ministros necesarios con la -independencia que ha menester para el recto y libre ejercicio de la -dicha jurisdiccion, y aunque presumimos que los dichos brazos, vistas -las dichas razones, mostraran su fidelidad á Dios y a V. M. para -contentarse del acuerda que se tomare, si todavia persistieren en sus -pretensiones negando los servicios que se les piden V. M. debe preferir -el de Dios en que consiste el reinar y ordenara en todo lo que fuere del -suyo. Madrid á 5 de Mayo de 1646. - - -XVI. - -DECREE OF PHILIP IV CONCERNING DISOBEDIENCE, MARCH 26, 1633. - -(Archivo de Simancas, Inquisicion, Libro 32, fol. 56). - -(See p. 347). - -Uno de los mayores daños y de que han resultado mayores inconvenientes, -en grave deservicio mio y de la quietud y conservacion de todos mis -reinos, es el de la inobservancia y dilacion en la ejecucion de mis -órdenes, pues importa poca resolverlas si no se envian y ejecutan a -tiempo, pues pasada la sazon viene a ser infructuoso todo lo que se -dispone, de que se han seguido daños tan irreparables que quizá son la -parte principal del apretado estado en que nos hallamos; diversos -recursos y advertencias he hecho a mis consejeros sobre esto y -significado con vivo sentimiento el daño y encargado el reparo y aunque -entiendo que en todos mis ministros debe ser igual a sus obligaciones la -atencion y celo á mi servicio, la experiencia me ha mostrado que no ha -bastado esto y que es necesario usar de medio mas eficaz y poderoso para -que no se acabe de perder mi monarquia, pues me corre obligacion por el -lugar en que Dios me ha puesto atajar su total ruina y entiendo ser la -falta de obediencia y ejecucion lo que mas aprisa la puede causar. - -Por este he resuelto dar forma y regla en ello, disponiendose por -arancel como se han de ejecutar mis ordenes y penas en que se ha de -incurrir por la inobservancia de ellas, segun la calidad de cada una, y -asi se formara para ese Consejo el que la tocare bien ajustado, y se me -enviará con distincion de las materias de oficio, hacienda y partes asi -de gracia como de justicia, y de las penas en que han de incurrir todos -y se han de executar por el mismo consejo correspondientes á la calidad -de la inobservancia y omision en la ejecucion, previniendo bien todos -los casos en que cada uno puede faltar y aquellos casos que pueden -ofrecerse y se ofrecen, que no puedan ser comprendidos, tambien me los -consultará el consejo, porque quiero saber los que son, y los aranceles -se hagan en veinte dias y se me envien para que resuelva la forma en que -han de quedar ajustados y se publiquen. - -(RUBRICA DEL REY). - -En San Lorenzo á 15 de Octubre de 1633. -Al Arzobispo inquisidor general. - - -XVII. - -PROCLAMATION ON THE ARRIVAL OF AN INQUISITOR. - -(Archivo de Simancas, Inquisicion, Libro 31, fol. 194). - -(See p. 351). - - -PREGON. - -Ahora oid que se os hace saber a todo hombre generalmente del parte del -ilustrisimo y reverendisimo señor Don Antonio de Zuñiga, prior de -Castilla del Orden de San Juan de Jerusalem, Capitan y lugarteniente -general de la sacra cesarea magestad en el Principado de Cataluña y -Condado de Rosellon y Cerdeña, que como á su ilustrisima y reverendisima -señoria y Real Consejo se hayan presentado por el procurador fiscal del -oficio de la sancta inquisicion unas letras o provisiones patentes de la -prefata cesarea magestad y con su real sella sellada otorgadas al muy -venerable religioso y amado del señor Rey Fray Juan Naverdu maestro en -sacra teologia del orden de predicadores, inquisidor de la heretica y -apostatica pravedad en el Principado de Cataluña y a los ministros del -dicho sancto oficio en y con las quales entre las otras cosas por los -respectos y causas en las dichas provisiones contenidas su Cesarea -magestad manda con grandes penas al dicho señor lugarteniente general y -otros oficiales de Cataluña asi mayores como menores que cada y quando -que el dicho venerable inquisidor y los otros oficiales y ministros del -dicho sancto oficio para exercer sus oficios demandaren ó alguno de -ellos demandare auxilio lo haya de prestar y los dichos sus oficios -permitan libremente exercitar sin impedimento alguno, y demandando el -auxilio del brazo seglar incontienti lo hayan de dar, tomando y -prendiendo qualesquier personas que por el dicho venerable inquisidor -fueren nombradas y aquellas emprisionar y tener presas y haberlas de las -jurisdicciones de qualesquier personas adonde el dicho inquisidor -quisiere y mudar aquellas y castigar y punirlas con las debidas penas -cada y quando por el dicho venerable inquisidor sera declarado y porque -el dicho venerable inquisidor y otros oficiales y ministros del dicho -sancto oficio mas libre y seguramente puedan ejercer los dichos sus -oficios, su cesarea magestad al dicho venerable inquisidor sus -compañeros, notario y alguazil y otros oficiales y ministros del dicho -sancto oficio familiares y bienes de ellos y qualquier dellos pone y -constituye debajo su especial guiaje, custodia, proteccion y encomienda -real segun en dichas letras y provision real, la data de las quales fué -en Valladolid á trece del mes de Febrero del año de la navidad de Dios -nuestro señor mil quinientos y veinta y tres, aquestas y otras cosas mas -largamente se contienen. - -Por tanto queriendo su ilustrisima señoria que las cosas mandadas y -proveidas por la sacra cesarea y real magestad sean á ejecucion devidas -y á todo hombre manifiestas á su aplicacion del dicho procurador fiscal -del dicho oficio de la sancta inquisicion por el tenor del presente -publico pregon, notificando las dichas cosas á todo hombre generalmente -dice y manda su ilustrisima y reverendisima señoria á todos y -qualesquier oficiales ansi mayores como menores y á otras y singulares -personas de qualquier estado dignadad o condicion que sean que la dicha -y precalendada letra y provision real y todas y qualesquier cosas en -ella contenidas y expresadas segun mejor y plenamente en ella se -contiene del dicho sancto oficio de la sancta inquisicion tengan y -guarden y hagan tener y guardar inviolablemente segun su narracion y -tenor y contra aquella no hagan ni vengan, ni hacer ni venir permitan en -manera alguna si desean no incurrir en las penas en dicha y precalendada -real provision contenidas, y porque alguna no pueda de dichas cosas -allegar ignorancia, manda su ilustrisima y reverendisima señoria el -presente ser publicada por los lugares acostumbrados y guardase quien se -ha de guardar. - -EL PRIOR DE CASTILLA. - -Vidit Joannes de Cardona, Cancellarius. -Vidit Jacobus Ferrer, Registrator Thesaurarius. -Gundisalbus de Cabra. -Registrata in curia locumtenentis. - - -PUBLICACIONES DE LOS PREGONES. - -Fué publicado el presente publico pregon por los lugares acostumbrados -de Barcelona por mi Canals en lugar de Francisco de Sevia con son de -quatro trompetas á veinte y tres de Diciembre de mil quinientos y veinte -y tres. Canals. - - -XVIII. - -MEMORIA DE LA REFORMA DE MINISTROS DEL SANTO OFICIO QUE HIZO HACER EL -REY EN 1646. - -(Biblioteca Nacional de Madrid, Seccion de MSS. D 118, and S 294 fol. -122). - -(See p. 461). - -En las ultimas cortes que se celebraron en Aragon el año pasado de 1646, -fue servido su Magestad (Dios le guarde) de aminorar el numero de -familiares que conforme á fueros de aquel Reyno podia haver, -extinguiendole á solo numero de 400, caviendo mas de 2000 en lo antiguo, -y que se practicava como consta largamente por la concordia antigua -entre el Reyno y la Inquisicion. Quitoles assimismo las exempciones de -que gozaban dichos familiares en la forma que tanvien consta por los -nuebos cabos donde se puede veer. Instaron sobre esto con apretadissimos -esfuerzos los quatro brazos de dichas cortes y entre ellos algunos -ministros de Inquisicion (que aun no vasto el serlo para que dejasen de -manifestar el odio comun que contra ella y sus actiones tienen). -Conociaselo su Magestad y antes de concederles cosa alguna que tocase á -la Inquisicion (de quien dijo era las niñas de sus ojos) les mando ó -pidió la dejasen en el estado que estava, y que como no le llegasen á -ella concederia todo lo demas que pretendian, haciendo assimismo -mercedes particulares á los Aragoneses, como con efecto les hiço mas de -trecientas y sesenta que se publicaron en un dia, nombrandolas y las -personas á quien las hacia. Nada de esto vasto para que dejasen de -replicar con una y otra embaxada por parte de los brazos, deteniendo á -su Magestad dos ó tres dias en el conbento de Santa Engracia de -Zaragoza, estando el coche á la puerta para venirse á Madrid, hasta que -viendo su pertinacia y que sin duda le detendrian mas sin concluir el -solio en las Cortes que era lo que esperava, les concedió todo lo que en -esta parte quisieron. Quedaron los Aragoneses muy contentos, -pareciendoles haver vencido lo mas y que ya le faltava al Rey el unico -recursso que tenia en aquel Reyno. Desde este dia fue postrandose la -autoridad y mucha estimacion que la Inquisicion tenia en Aragon, -excediendo en esta parte á otros, pues tal vez miraban á un Inquisidor -con mas veneracion que al Arçobispo y Virrey y oy se vee lo contrario y -aun se oye que algunos dicen ya se acabo la Inquisicion. Experimentase -esto cada dia en los ministros de ella, pues, siendo conforme á las -hordinaciones del Reyno que ningun vecino aloje en su casa mas que un -soldado, no excediendo el numero de ellos al de los vecinos, no solo le -hechan al familiar el que le podia tocar sino tuviese exempcion alguna, -pero porque es familiar le hechan dos o tres. Muchos se an quejado de -este agravio al Tribunal, y por escusar enpeños ó lo que podia resultar -y se a tomado por expediente suabe escrivir al Comisario de la villa ó -lugar donde se hace el agravio, hable con el Justicia ó Jurados de el, y -que con buen modo les de á entender que no se deve hacer ni pasar por -aquello, y aunque algunos an tenido atencion á ello á otros les a -faltado, y tal vez ó los mas á sido necesario no darse el Tribunal por -entendido ó tolerado, mirando al estado en que se alla, y tanvien á los -ahogos que tiene el Reyno con los alojamientos. Hacen contribuyr á los -familiares en los Vagajes y repartimientos concejiles y que no son -concejiles, y ultimamente se vee y toca con las manos que en todo lo que -no es negocio de fee tiene postradas las fuerzas antiguas el Tribunal de -Aragon. - - -XIX. - -DECREE OF PHILIP III ON QUARRELS BETWEEN BISHOPS AND INQUISITORS. - -(Archivo de Simancas, Inquisicion, Libro 29, fol. 177). - -(See p. 497). - -He mandado escribir estas cartas que aqui decis, pero, porque se ha -visto y vee cada dia que las Inquisiciones particulares se meten en -cossas que derechamente no tocan a la fe ni al Santo Oficio sino solo a -estender y ampliar su jurisdiccion por fines particulares de que han -resultado todas las dificultades y encuentros que las avido entre las -Inquisiciones y los perlados y entretanto que esto no se remediare nunca -dejara de averlas. Sera bien y assi os lo encargo que procureis componer -esto de manera que los Inquisidores no se metan en mas de lo que les -toca y que al mismo tiempo que yo mandare escribir a los obispos -escribais vos a las Inquisiciones que por ningun casso se metan en cossa -que derechamente no les toque, apercibiendoles que no solamente no lo -consentireis pero que castigareis á los que hicieren lo contrario con -demonstracion de rigor, y si excedieren no os contenteis con -reprehenderlos blandamente sino que con effecto los castigueis, porque -con esto se justificara lo que yo escribiere á los perlados y ellos se -acomodaran á lo que fuere justo, y de otra manera tendran ocasion de -acudir á mi por el remedio de sus agravios, lo cual es necesario que se -escuse. - - -FOOTNOTES: - -[1] Romancero del Cid, pp. 12, 74, 77, 79, 87, 88, etc. (Frankofurto, -1828).--Crónica de Alfonso VII, 138-141 (Florez, España Sagrada, XXI, -403)-- - -"Castellæ vires per sæcula fucre rebelles: Inclyta Castella ciens -sævissima bella Vix cuiquam regum voluit submittere collum: Indomite -vixit, coeli lux quandiu luxit." - - -[2] Fuero Viejo de Castiella, Lib. I, Tit. iii, § 3. Cf. Partidas, P. -IV, Tit. xxv, ley 7. - -[3] See, for instance, the charter granted by Raymond Berenger IV of -Barcelona, in 1108, to Olerdula, after a devastating Saracen inroad, and -the charter of Lérida in 1148, after its capture from the Moors.--Marca -Hispanica, pp. 1233, 1305. The same causes were operative in Castile. - -[4] The cities entitled to send procurators to the Córtes were -Burgos, Leon, Ávila, Segovia, Zamora, Toro, Salamanca, Soria, Murcia, -Cuenca, Toledo, Seville, Córdova, Jaen, Valladolid, Madrid and -Guadalajara.--Pulgar, Crónica, P. II, cap. xcv. - -[5] Marina, Teoria de las Córtes, P. I, cap. xvi, xx. (Madrid, -1820.)--Siete Partidas, P. II, Tit. xvi, ley 4.--Modesto de Lafuente, -Hist. Gen. de España, IX, 34.--J. Bernays, Zur inneren Entwicklung -Castiliens (Deutsche Zeitschrift für Geschichtswissenschaft, 1889, pp. -381 _sqq._). - -[6] Crónica de Don Alfonso X, cap. clxxvi.--Barrantes, Ilustraciones de -la Casa de Niebla, Lib. I, cap. xiv (Memorial histórico español, VIII). - -[7] Crónica de Don Alfonso XI, cap. lxxx.--Barrantes, _op. cit._ Lib. I, -cap. xxvi, lxxx. - -[8] Ayala, Crónica de Pedro I, año XVII, cap. vii. - -[9] Córtes de los antiguos Reinos de Leon y de Castilla, II, 330 -(Madrid, 1863). - -[10] Seguro de Tordesillas, Madrid, 1784. - -[11] Castillo, Crónica de Enrique IV, cap. lxxiv.--Valera, Memorial de -diversas Hazañas, cap. xxviii.--Pulgar, Crónica, p. 3 (Ed. 1780). - -[12] Maldonado, Hechos de Don Alonso de Monrroy (Memorial histórico -español, T. VI, p. 14). - -[13] Juan de Pineda, El Libro del Passo Honroso, Madrid, 1784.--Pulgar, -Claros Varones, Tit. xiv. - -[14] Barrantes, Ilustraciones de la Casa de Niebla, Lib. VIII, cap. xxiv. - -[15] Valera, Memorial de diversas Hazañas, cap. xix., xl.--Amador de los -Rios, Historia de los Judíos, III, 205. - -[16] Maldonado, Hechos de Don Alonso de Monrroy, pp. 17-19. - -[17] Maldonado, _op. cit._ pp. 65, 71, 72, 83.--Barrantes, Ilustraciones -de la Casa de Niebla, Lib. VIII, cap. iii.--Hazañas valerosas de -Pedro Manrique de Lara (Memorial histórico español, T. VI, pp. 123, -126).--Hernando del Pulgar, Crónica, P. I, cap. lxxxiii. - -[18] Maldonado, _op. cit._, pp. 23, 52, 71, 73. - -[19] Clemencin, Elógio de Doña Isabel, p. 127. - -[20] Castillo, Crónica de Enrique IV, cap. cliii. - -[21] Pulgar, Claros Varones de España (Elzevir, 1670, p. 6).--Castillo, -_op. cit._ cap. cxliii.--Saez, Monedas de Enrique IV, pp. 3, 7, 23 -(Madrid, 1805). At the Córtes of Segovia, in 1471, Henry ordered the -destruction of all the private mints, but it is not likely that he was -obeyed (Córtes de Leon y de Castilla, III, 830, Madrid, 1866). Garcia -López de Salazar, a contemporary, tells us that the gold Enriques were -originally 23-1/2 carats fine, but those struck in the royal mints -gradually fell to seven carats, while the private mints made them what -they pleased.--Saez, p. 418. - -Spanish coinage is an intricate subject, and as some knowledge of it -is necessary for the proper understanding of sums of money referred to -hereafter, I have given a brief account of it in the Appendix. - -[22] Córtes de los antiguos Reinos de Leon y de Castilla, IV, -59-68.--Novisima Recopilacion, Lib. III, Tit. v, ley 10, 11.--Barrantes, -Ilustraciones de la Casa de Niebla, Lib. VIII, cap. xxii.--Garibay, -Compendio Historial, Lib. XVIII, cap. xvi.--Don Clemencin (_op. cit._ p. -146). - -At the death of Henry IV, in 1474, the royal revenue had fallen to -about ten million maravedís. By 1477 it increased to 27,415,626, by -1482 to 150,695,288, and in 1504, at the death of Isabella, it was -341,733,597.--Clemencin, p. 153. - -[23] Miscelánea de Zapata (Mem. hist. español, T. XI, p. 332). - -[24] L. Marinæus Siculus de Reb. Hispan. (R. Beli Rer. Hispan. Scriptt, -p. 774).--Damiani a Goes Hispania (Ibid. p. 1237). - -[25] Pulgar, Claros Varones, Tit. xx; Letras No. iii.--Fléchier, -Histoire du Cardinal Ximenes, II, 291 (Ed. 1693). - -The Córtes of Toledo, in 1462, among their grievances, include the -factious turbulence of the clergy--"bien sabe vuestra alteza commo -algunos obispos e abades e otras eclesiasticas personas se han fecho -y de cada dia se fazen de vandos, e algunos dellos tanto e mas -escandalizan vuestras cibdades e villas que los legos dellas."--Córtes -de Leon y de Castilla, III, 711 (Madrid, 1866). - -[26] Francisco de Medina, Vida del Cardenal Mendoza (Mem. hist. español, -T. VI, pp. 156, 190, 193-4, 255, 293-4, 297, 304). - -[27] Concil. Arandens. ann. 1473, cap. 3, 6, 9, 10, 11, 12, 13, 14, 15, -20, 25 (Aguirre, V, 344-50). - -[28] L. Marinæi Siculi de Rebus Hispan. Lib. XIX.--Raynald. Annal. ann. -1483, n. 15; ann. 1485, n. 26. - -[29] History of the Inquisition of the Middle Ages, Vol. II, pp. 180 -_sqq._ - -[30] Romancero del Cid, pp. 245, 269 (Francofurto, 1828). - -[31] Ordenanzas Reales, Lib. VI, Tit. ix, ley 21.--Villanueva, Viage -Literario, XVII, 256. - -[32] Constitutions de Cathalunya, Lib. I, Tit. v, cap. 1 (Barcelona, -1588, p. 18). Similar laws adopted in 1534 and 1537 show that meanwhile -it had been impossible to prevent papal encroachments.--Ib. cap. 3, 4. - -[33] Ayala, Crónica de Don Juan I, año X, cap. vii.--Crónica de Don -Enrique III, año III, cap. xvi. - -[34] Alvar Gomez, De Rebus gestis a Francisco Ximenio, fol. 3 (Compluti, -1569).--Robles, Vida del Cardenal Ximenes, pp. 38-41. - -[35] Castillo, Crónica de Enrique IV, cap. cv. - -[36] Memorial histórico español, T. I, p. 236; II, 22, 25.--Gomez de -Rebus gestis a Fran. Ximenio, fol. 9-11. - -[37] Zurita, Añales de Aragon, Lib. XX, cap. xxii.--Mariana, Historia de -España, Lib. XXIV, cap. xvi. - -[38] Pulgar, Crónica de los Reyes Catolicos, Lib. II, cap. civ. - -The right as to bishoprics was finally conceded in 1523 to Charles V by -Adrian VI (Mariana, Lib. XXVI, cap. 5). - -[39] Francisco de Medina, Vida del Cardenal de Mendoza (Memorial -histórico español, T. VI, p. 244). - -[40] Boletin de la R. Acad. de la Historia, T. XXII, pp. 220, 227. - -[41] Coleccion de Privilegios etc. T. VI, p. 117 (Madrid, 1833). - -[42] Archivo de Sevilla, Seccion primera, Carpeta IV, fol. 85, § 3 -(Sevilla, 1860). - -[43] Ordenanzas Reales, Lib. III, Tit. i, leyes 3, 4, 5, 6, 8, 9, -10.--Novís. Recop. Lib. IV, Tit. i, leyes 3, 4, 5. - -[44] Novísima Recop. Lib. XII, Tit. xxvi, leyes 3-5. - -[45] Coleccion de Cédulas, III, 113 (Madrid, 1829) - -[46] Coleccion de Cédulas, I, 246. - -[47] Concil. Arandens. ann. 1473, cap. xxiv (Aguirre, V, 350). - -[48] Córtes de Leon y de Castilla, II, 539; III, 33, 57, 122, 172, -192-6, 287, 328, 408. - -[49] Pulgar, Crónica, III, lxvi. - -[50] Coleccion de Cédulas, II, 49, 50 (Madrid, 1829). - -[51] La Puente, Epit. de la Crónica de Juan II, Lib. V, cap. xxxiii.--L. -Marinæi Siculi de Rebus Hispan. Lib. XIX.--Pulgar, Crónica, P. II, cap. -li.--Bernaldez, Historia de los Reyes Católicos, cap. i (Sevilla, 1869). - -[52] Galindez de Carvajal (Coleccion de Documentos para la Historia de -España, XVIII, 254). - -[53] Zurita, Añales de Aragon, Lib. XVIII, cap. 20, 21.--Castillo, -Crónica de Enrique IV, cap. cxxiv.--Valera, Memorial de diversas -Hazañas, cap. xx.--Pulgar, Crónica P. I, cap. ii; P. II, cap. -xci.--Maldonado, Hechos de Don Alonso de Monrrey (Mem. hist. español, T. -VI, p. 94).--Barrantes, Ilustraciones de la Casa de Niebla, Lib. VIII, -cap. xxi. - -[54] Castillo, Crónica de Enrique IV, cap. cxxxvii.--Clemencin, Elógio -de la Reina Isabel, Append. I. - -[55] Pulgar, Crónica, P. II, cap. ii; Letra xii.--L. Marinæi Siculi de -Reb. Hisp. Lib. XIX. - -[56] Machiavelli's judgement was as usual correct when he remarked (Il -Principe, cap. xvi) "Il Re di Spagna presente se fusse tenuto liberale -non avrebbe fatto nè vinto tante imprese." - -[57] Archivo Gen. de Simancas, Consejo de la Inquisicion, Libro II, fol. -22 - -[58] "Con gran dificultad perdonava los yerros que se le -hazian."--Barrantes, Ilustraciones etc., Lib. VIII, cap. xii. - -[59] Palafox y Mendoza, Obras, T. VII, p. 333 (Madrid, 1762).--Ochoa, -Epistolario Español, II, 14. - -[60] Bergenroth, Calendar of Spanish State Papers, I, xxxiv-v. The value -of the gold crown of the period was 4_s._ 6_d._ sterling (Ibid. p. 4) -and 200,000 scudos was the marriage-portion of Katharine of Aragon -when wedded to Prince Arthur of England (Ibid, p. lxiv), which is the -equivalent of about £500,000 of modern money. For the oppression of the -people see Gonzalo de Ayora (Boletin de la R. Acad., XVII, 447-8). Cf. -Clemencin, p. 185. - -[61] From the _Notables_ of Cristóbal Núñez, printed by Padre Fidel Fita -in the Boletin, XVI, 561. - -[62] L. Marinæi Siculi de Rebus Hisp. Lib. XXI. - -[63] Pet. Martyr. Angler. Lib. V, Epist. cxiv. - -[64] Colmeiro, Córtes de Leon y de Castilla, II, 43 _sqq._ - -[65] Pulgar, Crónica, P. II, cap. lxx.--Æl. Anton. Nebriss. Decad. -I, Lib. vii, cap. 6.--Barrantes, Ilustraciones etc. Lib. VIII, cap. -xv.--José Grestoso y Pérez, Los Reyes Católicos en Sevilla (Sevilla, -1891).--Zuñiga, Añales de Sevilla, ann. 1477, n. 5. - -[66] Pulgar, Crónica, P. II, cap. xcv. - -[67] Ferreiro, Fueros Municipales de Santiago, II, 65 (Santiago, 1896). - -[68] Ibidem, II, 314. - -[69] L. Marinæi Siculi Lib. XIX, XXI.--Pulgar, Crónica, P. II, cap. -xxvii, lxxviii, xcvi, xcvii, xcviii; P. III, cap. xxxix, lxvi, c, -cxxvii.--Capitulos hechos por el rey y la reyna en Sevilla a ix de Junio -de M. y d. (_sine nota_). - -[70] Galindez de Carvajal (Coleccion de Documentos para la Historia de -Españe, XVIII, 236). - -[71] Bernaldez, cap. xlii. - -[72] Pet. Martyr. Angler. Lib. V, Epist. cviii. As Cardinal Ximenes says -in his letter of advice to Cardinal Adrian as to the conduct of Charles -V in taking possession of his inheritance, "por lo qual fue ella tan -poderosisima en su reyno, que todos del mayor á el menor temian _virgam -ferream_ de su justicia, y asi destruyó toda la tirannia." (Valladares, -Semanario Erúdito, XX, 237). - -[73] Archivo Gen. de Simancas, Inquisicion Libros I, II. - -[74] The limitations on the royal jurisdiction are exemplified by the -unseemly contest at Alcalá de Henares, in 1485-6, between Isabella and -the Archbishop González de Mendoza, respecting her right to administer -justice within his province. It lasted from December till the time -for opening the campaign against Granada, when she removed to Córdova -without having established her claim.--Francisco de Medina, Vida del -Cardenal Mendoza (Mem. hist, español, VI, 264). - -Yet her jurisdiction was one of the points on which Isabella wisely -insisted with the utmost firmness. To quote Cardinal Ximenes -again--"Ante todo la dicha Reyna cuidaba de defender su jurisdiccion -Real, viendo que por ella los Reyes en Castilla se hacen mas poderosos y -mas temidos de sus vasallos" (Valladares, Semanario Erúdito, XX, 238). -When, in 1491, the royal court at Valladolid, presided over by Alonzo de -Valdevielfo, Bishop of Leon, wrongfully allowed an appeal to Rome, she -promptly dismissed the bishop and all the judges and replaced them with -Juan Arias del Villar, Bishop of Oviedo, and other assessors.--Crónicon -de Valladolid (Coleccion de Documentos para la Historia de España, XIII, -184-5).--Galindez de Carbajal (Ibid. XVIII, 278). - -[75] Memorial histórico español, T. II, pp. 68, 72, 86, 94, 102. - -[76] Benavides, Memorias de Fernando IV, Coleccion Diplomática, T. -II, pp. 3, 7, 46, 75, 81, 178 (Madrid, 1860).--Vicente Santamaria de -Paredes, Curso de Derecho Político, p. 509 (Madrid, 1883).--Córtes de -los antiguos Reinos de Leon y Castilla, I, 247, 300 (Madrid, 1861). - -[77] Benavides, _op. cit._ II, 363. - -[78] Ferreiro, Fucros Municipales de Santiago, III, 44. - -[79] Coleccion de Privilegios, T. VI, p. 327 (Madrid, 1833). - -[80] Crónica de Don Juan II, año XXXVII, cap. i. - -[81] Córtes de Leon y de Castilla, III, 795. - -[82] Castillo, Crónica de Don Enrique IV, cap. lxxxvii, xc.--Barrantes, -Ilustraciones etc. Lib. VII, cap. xxviii.--Garibay, Compendio Historial, -Lib. XVII, cap. xxxi.--Coleccion de Cédulas, III, 103 (Madrid, -1829).--Bienvenido, Oliver y Esteller (Boletin, XIV, 382). - -[83] Pulgar, Crónica, P. II, cap. li.--L. Marinæi Siculi de Reb. Hisp. -Lib. XIX.--Æl. Anton. Nebriss. Decad. I, Lib. VI, cap. 1-3.--Garibay, -Comp. Historial, Lib. XVIII, cap. viii. - -[84] Zuñiga, Añales de Sevilla, ann. 1477, No. 1. - -[85] Zurita, Hist, del Rey Hernando, Lib. VIII, cap. V.--Galindez de -Carvajal (Coleccion de Documentos para la Historia de España, XVIII, -319). - -[86] Barrantes, Ilustraciones etc. Lib. VIII, cap. xx. - -[87] Coleccion de Cédulas, I, 70, 124, 143, 183; III, 103. - -[88] Pulgar, Crónica, P. III, cap. xcv.--Palafox, Obras, VII, 338 -(Madrid, 1762).--Fueros de Aragon, fol. 13 (Saragossa, 1624). - -[89] Coleccion de Cédulas, IV, 89. - -[90] Pulgar, Crónica, P. III, cap. xii. - -[91] Novís. Recop. Tit. xxv, Lib. XII.--Barrantes, Ilustraciones etc. -Lib. VIII, cap xiii.--Coleccion de Cédulas, IV, 295.--See also the -description of the perfected system which excited the admiration of the -Venetian ambassador, Paolo Tiepolo, in 1563 (Relazioni, Serie I, T. V, -p. 21). - -[92] Clemencin, p. 139. - -[93] Coleccion de Cédulas, IV, 136, 164, 173, 185, 336, 338; V, 669; VI, -425.--Novís Recop. Tit. xxxv, Lib. XII, ley 18. - -[94] Córtes de los antiguos Reinos, IV, 356 (Madrid, 1882)--"E las leyes -e costunbres son sujetas alos Reys, que las pueden hazer e quitar a su -voluntad, e vuestra Alteza es ley viba e animada en las tierras." - -[95] Coleccion de Cédulas, IV, 333. - -[96] Mariana, Lib. XXVIII, cap. xi; Tom. IX, Append. p. -xix.--Giustiniani, Historie degl'Ordini Militari, pp. 386, 425, 460 -(Venezia, 1692). - -[97] Cartas de Ximenes de Cisneros, pp. 120, 131, 181 (Madrid, -1867).--Wadding, Annales Minorum, ann. 1516, n. 12.--Gachard, -Correspondence entre Charles-Quint et Adrien VI, p. cxi (Bruxelles, -1859). - -[98] Thus Father Gams attributes the Spanish Inquisition to the -national peculiarity of the Spaniard, who requires that the State -should represent God on earth, and that Christianity should control -all public life; he demands unity of faith and not freedom of faith. -The Inquisition is an institution for which the Church has no -responsibility.--P. Pius Gams, O. S. B., Die Kirchengeschichte von -Spanien, III, II, 7, 8, 11, 12. - -[99] Septimi Decretal. Lib. V, Tit. i, cap. 5. - -[100] Paramo de Orig. Offic. S. Inquisitionis, p. 164. - -[101] Fortalicium Fidei, fol. 147^{b} (Ed. 1494). - -[102] Canon. Apostol. n. 69, 70. - -[103] Concil. Eliberitan. cap. 16, 49, 50, 78. - -[104] S. August, de Adult. Conjug. Lib. I, cap. xviii. - -[105] S. Ambros. Epist. XL, n. 26. - -[106] S. Joh. Chrysost. adv. Judæos Orat. I, n. 3, 4, 6. Chrysostom's -indignation was especially aroused by the popular belief among -Christians in the peculiar sanctity of the synagogues, which rendered -oaths taken in them more binding than in a church. - -[107] Socrat. H. E. VII, xiii. - -[108] Lib. XVI, Cod. Theodos. Tit. viii, Ll. 6, 9, 12, 21, 22, 25, 26, -27; Tit. ix, Ll. 2, 3, 4, 5. - -[109] Novell. Theodos. II, Tit. iii. - -[110] Edict. Theoderici, cap. 143.--Cassiodori Variar. IV, 33, 43; v, -37. Cf. III, 45. - -[111] Concil. Agathens. ann. 506, cap. 40. This was embodied in the -canon law (Gratian. Decr. Caus. XXVIII, Q. i, cap. 14). The apologetic -tone in which Sidonius Apollinaris, Bishop of Clermont, speaks of Jews -whom he likes and who "solent hujusmodi homines honestas habere causas" -shows that the more enlightened churchmen felt that any favor shown to -the proscribed race exposed them to animadversion (Epistt. Lib. III, Ep. -4; Lib. IV, Ep. 5). - -[112] Concil. Quinisext. cap. 11 (Decr. Caus. XXVIII, Q. i, cap. 13). - -[113] Gregor. PP. I. Epistt. XIII, 12 (Decreti Dist. XLV, cap. 3). - -[114] Ejusd. Epistt. I, 10, 35; II, 32; V, 8; VIII, 27; IX, 6; XIII, 12. -It is true that Gregory strongly upheld the rule that Jews should hold -no Christian slaves, but he permitted Christians to labor on their lands -(Ibid, IV, 21). - -[115] Ibid, I, 47.--Venantii Fortunati Miscell. Lib. V, cap. 5. - -[116] Cassiodor. Variar. II, 27; X, 26. - -[117] Lex Roman. Visigoth. Lib. XVI, Tit. iii, iv; Novell. Theodos. II, -Tit. iii (Ed. Haenel, pp. 250, 256-8). - -[118] Concil. Toletan. III, ann. 589, cap. xiv.--Concil. Narbonn. ann. -589, cap. iv, ix. - -[119] Gotth. Heine, Biblioth. Vet. Monumentt. Ecclesiasticor. p. 118 -(Lipsiæ, 1848). - -[120] S. Isidori Hispalens. de Fide Cathol. contra Judæos Lib. I, cap. -28; Lib. II, cap. 5, 9. - -[121] S. Isidori Chron. n. 120; De Regibus Gothorum, n. 60; Sententt. -Lib. III, cap. 51, n. 4. - -In the perfected doctrine of the Church it was simply a question of -policy and possibility whether the faith is to be extended by force -or not, for the pope is supreme and has the authority to punish all, -whether Jew or Gentile, who do not conform to the gospel.--Eymerici -Direct. Inquisitor, p. 353 (Ed. Venet. 1607). - -[122] Concil. Toletan. IV, ann. 633, cap. 57--adopted into the canon law -(Decr. cap. 5, Dist. XLV)--as well as a decretal of Gregory IV--"Judæi -non sunt cogendi ad fidem, quam tamen si invite susceperint, cogendi -sunt retinere" (Ibid. cap. 4). See also Ll. Wisigoth. Lib. XII, Tit. ii, -l. 4 (Recared I), continued in Fuero Juzgo, XII, ii, 4. - -The Jew who had been baptized in infancy, or who accepted baptism as an -alternative of death, and reverted to Judaism was to be prosecuted by -the Inquisition as a heretic.--Nicholai, PP. IV. Bull. _Turbato corde_, -1288 (Bullar. Roman. I, 158, 179, 184, 263).--Cap. 13 in Sexto, Lib. V, -Tit. ii.--Bernard. Guidon. Practica, P. v, § v, n. 1.--Pegnæ Comment. -in Eymeric. Direct. Inquis., p. 349. For the established formula of -interrogatory, of Jews see MSS. Bibl. National de France, Collect. -Doat., T. XXXVII, fol. 258. - -The forced conversion of Jews, so frequent throughout the Middle -Ages, gave rise to many nice questions, exhaustively debated by the -schoolmen. The subject is fully treated in a _Tractatus de Judæorum et -Christianorum communione_, etc., printed in Strassburg about 1470 (Hain, -9465), in which, for convenient use and reference, is gathered together -all the ecclesiastical legislation against the unfortunate race, forming -a deplorable exhibition of human perversity. - -[123] Concil. Toletan. IV, ann. 633, cap. 58, 59, 60, 61, 62, 63, 64, -65, 66; Conc. VI, ann. 638, cap. 3; Conc. VIII, ann. 653, cap. 12; Conc. -IX, ann. 655, cap. 17; Conc. X, ann. 656, cap. 7; Conc. XII, ann. 681, -cap. 9; Conc. XIII, ann. 683, cap. 9; Conc. XVI, ann. 693, cap. 1. - -Ll. Wisigoth. Lib. XII, Tit. ii, ll. 4-17; Tit. iii, ll. 1, 2, 10, 12, -16, 17, 19, 24 (Fuero Juzgo, ibidem.). - -[124] S. Juliani Toleti Vit. Wambæ, n. 5, 28 (Florez, España Sagrada, -VI, 536, 556). - -[125] Concil. Toletan. XVII, ann. 694, cap. 8. - -[126] Roderic. Toletan. de Rebus Hispan. Lib. III, cap. xvi.--Morales, -Corónica General, T. VI, p. 361. Isidor of Beja, however, is the best -authority for the period, and he speaks of Witiza in terms of high -praise (Isidor. Pacens. Chron. n. 29, 30). See also Dozy, _Recherches -sur l'Histoire et la Littérature de l'Espagne_, I, 16-17 (3^{e} Éd. -Leipzig, 1881). - -[127] Rod. Toletan. _op. cit._ Lib. III, cap. xxii, xxiii.--Dozy, I, 49, -52. - -[128] Dozy, I, 17, 44, 53, 54, 56, 72, 74-5, 79, 350-1. - -[129] An interesting instance of Moslem toleration is seen in the -_Farfanes_--Christians of Morocco who claimed to be the descendants -of Goths deported at the conquest at the request of Count Julian. In -1386 they sent Sancho Rodríguez, one of their number, to Juan I to ask -to be received back in Spain. Juan obtained from the King of Morocco -permission for their departure, and promised to provide for them lands -and support. In 1390 they came, numbering fifty cavaliers with their -wives and children, and bringing a letter from the Moslem ruler speaking -of them as nobles descended from the Goths and praising greatly their -loyalty and valor. It was in riding out from Burgos to welcome them -that Juan's horse fell and caused his death. In 1394 Henry III gave -them a confirmation of their ancient nobility, and in 1430 and 1433 -we still find them recognized in Seville as a distinct class.--Ayala, -Crón. de Juan I, año X, cap. xx.--Zuñiga, Annales de Sevilla, Lib. VIII, -año 1386, n. 2; año 1390, n. 3; Lib. IX, año 1394, n. 1.--Archivo de -Sevilla, Seccion primera, Carpeta clxxiv, n. 4, 8. - -[130] Francisco Fernández y González, Estado de los Mudéjares de -Castilla, pp. 14-18 (Madrid, 1866).--S. Eulogii Memorialis Sanctorum -Lib. II, cap. xvi; Lib. III, cap. i (Migne's Patrologia, CXV, 787, 800). - -[131] Florez, España Sagrada, XI, 309 _sqq._; V, Append. x.--Samsonis -Abbatis Cordubensis Apolog. Lib. II (Ib. XI, 388 _sqq._).--Alvari -Cordubens. Epist. vii, viii (Ibid. XI, 147 _sqq._).--Hostegesis was -Bishop of Málaga, and the free exercise of discipline in the Mozárabic -church is shown in the complaint of the cruelty with which he exacted -the _tercia_ or tribute due to him, causing delinquents to be paraded -through the streets with soldiers scourging them and proclaiming that -all defaulters should be similarly treated.--Florez, XII, 326. - -[132] S. Eulogii Epist. iii (Migne, CXV, 845-9).--Alvari Cordubens. Vit. -S. Eulogii (Ibid. 712).--The description by Alvar of his education with -S. Eulogio shows that the Christian schools of Córdova were flourishing -and active (Ibid. cap. i, p. 708). - -[133] Alvari Cordubens. Vit. S. Eulogii, cap. iv, v.--Eulogii Memorialis -Sanctorum Lib. II; Lib. III, cap. ii, iii, v, viii, xvii.--Ejusd. Vit. -et Passio SS. Floræ et Mariæ.--Ejusd. Lib. Apologet. Martyrum. - -[134] Aimoini Translatio SS. Georgii, Aurelii et Nathaliæ, Lib. I; Lib. -II, cap. xxviii. - -[135] Liutprandi Antopodosis, Lib. II, cap. i. - -[136] Dozy, Recherches, II, 178. - -[137] Fernández y González, p. 57. - -[138] Dozy, Recherches, I, 265, 269, 349, 352-61.--Orderici Vital. Hist. -Eccles. P. III, Lib. xiii, cap. 2. - -[139] Crónica de Alfonso VII, cap. 46, 101 (España Sagrada, XXI, 360, -398). - -[140] Dozy, Recherches, I, 370-1.--Fernández y González, p. 19.--See -also an essay on the Mozárabes of Valencia by Don Roque Chabás, in the -Boletin de la Real Academia de la Historia, XVIII, 19. - -[141] Fernández y González, pp. 86-7, 93. The term Miramamolin, so often -used by Christian writers as a personal name, is _Amir-el-Momenin_, or -Prince of the Faithful, a title frequently assumed by Moorish rulers. - -[142] Fernández y González, pp. 92, 96. - -[143] Menéndez y Pelayo, Heterodoxos Españoles, I, 640-5. - -[144] Dozy, Recherches, I, 365-7, 372-9. - -[145] S. Eulogii Memorialis Sanctorum Lib. III, cap. iv.--Lindo's -History of the Jews of Spain, p. 44 (London, 1848). - -[146] Lindo, p. 46. - -[147] Dozy, Recherches, I, 285-9. - -[148] Lindo, p. 62. - -[149] Lindo, pp. 156-7. - -[150] In the ballads the Moors are almost always represented as -chivalric enemies. Even when celebrating their defeats, down to the -capture of Granada, there is no contempt manifested and nowhere is -to be seen a trace of religious acerbity. Many ballads have Moors as -their heroes, as in those which celebrate the deeds of Bravonel and -Reduan, and there is nothing to distinguish their treatment from that -of Christians. Bravonel and Bernardo del Carpio are represented as -companions in arms. When Bernardo is banished by his king he betakes -himself forthwith to Granada to participate in a tournament, where - -Que hay unas Reales fiestas, Donde el premio será dado - -Al que mejor lo ficiere Sea Moro ó sea Cristiano; - -and there he is warmly welcomed by Muza, the most gallant knight of the -Saracens.--Romances Antiguos Españoles, I, 65 (Leipzig, 1844). - -[151] Villanueva, Viage Literario, XVI, 159. - -[152] Dozy, Recherches, II, 203, 233. - -[153] Dozy, II, 109, 111.--Edélestand du Meril, Poésies populaires -Latines, pp. 312-13. - -[154] Chron. Sampiri Asturicens, n. 3, 22, 26 (España Sagrada, XIV, 439, -452, 455). - -[155] Chron. Pelagii Ovietens. (España Sagrada, XIV, 468, 472). - -[156] Fernández y González, pp. 34, 48, 114. - -[157] Crónica de Don Alfonso X, cap. xix-lviii. - -[158] Ibidem cap. lxxvi.--Barrantes, Ilustraciones, Lib. I, cap. vi, xi -(Memorial hist. español, IX, 72-9, 92-8). - -[159] Crónica de Don Alfonso XI, cap. lvii, cxi, cxxv. - -[160] Ayala, Crónica de Don Pedro I, año XVII, cap. iv; año XIX, cap. -iv, v; año XX, cap. vi. - -[161] Barrantes, Ilustraciones, Lib. VII, cap. xxii. - -[162] Memorial histórico español, I, 159. - -[163] Ibidem III, 151. - -[164] Coleccion de Documentos inéditos de la Corona de Aragon, I, 25. - -[165] Concil. Lateran. IV, ann. 1216 _ad calcem_ (Harduin. VII, -75).--Cap. 6, 17, Extra, Lib. V, Tit. vi.--Concil. Lugdunens. I, ann. -1245, cap. xvii (Harduin. VIII, 394).--Concil. Ilerdens. ann. 1246 -(Aguirre, VI, 318).--Concil. Vallisolet. ann. 1322, cap. xxii (Aguirre, -V, 251).--Cap. 1 Extrav. Commun. Lib. V, Tit. ii.--Urbani PP. V, Bull. -_Apostolatus_, 1364 (Bullar. Roman. Ed. Luxemburg. I, 261).--Nicholai -PP. V, Bull. _Olim_, 1450 (Ibid. I, 361), and finally in the standard -anathema of the bull _in Coena Domini_. - -Considering the character of the Roman curia in the Middle Ages it -would scarce be malicious to suggest that the chief object of these -prohibitions was to create a market for licenses to violate them, and -St. Antonino of Florence, about the middle of the fifteenth century, -tells us that as a rule the Venetian merchants had them (S. Antonini -Confessionale) - -In spite of his laxity in practice, Alfonso X in the _Partidas_ embodies -the Lateran decree denouncing slavery for all who aid the Saracens in -any manner (Partidas, P. IV, Tit. xxi, ley 4) and in 1253 he admitted -papal control in such matters by obtaining in advance from Innocent -IV ratification of certain treaties which he was negotiating with the -princes of Africa (Fernández y González, p. 337). - -[166] Bullar. Roman. I, 263.--Eymerici Direct. Inquisit. p. 351(Ed. -Venet. 1607). - -[167] Barrantes, Ilustraciones, etc., Lib. I, cap. iv, xiii, xiv, xx, -xxi.--Ayala, Crónica de Don Pedro I, año III, cap. iii. - -[168] Chron. Sampiri Asturicens. n. 16, 24, 25 (España Sagrada, XIV, -447, 454, 455).--Marca Hispanica, p. 1232. - -[169] Partidas, P. IV, Tit. xxi, leyes 6, 8; Tit. xxii, ley 3. In the -Fuero Real de España the only allusion to Moors is as slaves (Lib. IV, -Tit. xi, ley 3; Tit. xiv, ley 1). It is virtually the same in the old -Fuero of Madrid (Memorias de la R. Acad. de la Historia, VIII, 40). - -The Church held that baptism manumitted the slave, even when the master -was Christian, but when it sought to enforce the rule the masters -resisted, either forbidding the baptism or demanding from the clergy the -value of the slave and seizing pledges to ensure payment. Innocent III -was much scandalized by this. In 1205 he complained to Alfonso IX that -in place of requiring such converted slaves to be paid for at the price -fixed by the canons he allowed the owner to determine the value, and -thus the Bishop of Burgos had recently been forced to pay two hundred -gold pieces for a girl not worth ten deniers (Innoc. PP. III, Regest. -VIII, 50; IX, 150). - -[170] Partidas, P. IV, Tit. xxi, ley 7. - -[171] Fernández y González, pp. 21, 24-5. - -[172] Dozy, Recherches, I, 124-6. - -[173] Fernández y González, p. 28. - -[174] Ayala, Crónica de Don Pedro I, año II, cap. xvii. - -[175] Fernández y González, pp. 39, 45-6, 58. - -[176] Mondexar, Memorias de Alonso VIII, cap. cv, cviii.--Roderici -Toletani de Rebus Hispan. Lib. VIII, cap. xii. - -[177] Villanueva, Viage Literario, XXI, 131. - -[178] Fernández y González, p. 97. - -[179] See the capitulation of Valencia in 1232 (Villanueva, XVII, 331); -also the _Constitutiones Pacis et Treugæ_ of Catalonia, in 1214, 1225, -and 1228 (Marca Hispanica, pp. 1402, 1407, 1413), and also that of -Rosellon, in 1217 (D'Achery, Spicileg. III, 587). In 1279 Pedro III -of Aragon issues letters "to all his faithful Moors of the frontier -of Castile and Viar," inviting them to come and populate Villareal, -offering them the vacant lands there and pledging them security for all -their goods (Coleccion de Documentos de la Corona de Aragon, VIII, 151). - -[180] Coleccion de Cédulas, V, 571, 573, 584, 600, 608, 622, 632; VI, -93, 106, 112, 220, 292, 308, 326, 385, 455. A charter of San Fernando -III, in 1246, selling certain lands to the city of Toledo, says "vendo á -vos, concejo de Toledo, á los caballeros é al pueblo, é á cristianos é á -moros é á judios, á los que sodes é á los que han de ser adelant, todos -aquellos terminos, etc."--Fernández y González, p. 319. - -[181] Fernández y González, pp. 117, 122, 123.--Memorial histórico -español, I, 285. - -[182] Coleccion de Cédulas, V, 29.--Fernández y González, p. 294. In the -charter of Hinestrosa (1287) the wergild for homicide is 500 sueldos. In -that of Arganzon (1191) allusion is made to the wergild of 500 sueldos, -but the special privilege is granted that the murderer shall pay only -250, the other 250 being remitted "for the sake of the king's soul." In -the charter of Amaya (1285) the wergild is sixty maravedís.--(Coleccion -de Cédulas, V, 222, 112, 205.) - -[183] Memorias de la Real Academia de la Historia, VIII, 39. - -[184] Leyes de Estilo, 83, 84. - -[185] Coleccion de Cédulas, V, 413. - -[186] Fernández y González, pp. 407, 409. By a confirmation of Pedro IV -of Aragon, in 1372, to the aljama of Calatayud it appears that the Moors -of the cities were accustomed to have special shambles where their meat -was slaughtered and marked "secundum eorum ritum sive çunam."--Ibid. p. -384. - -[187] Coleccion de Documentos de la Corona de Aragon, IV, 130; VI, -145.--Fernández y González, pp. 286, 290, 386, 389. - -[188] Fernández y González, pp. 92, 94-5, 102. - -[189] Archivo de Sevilla, Seccion Primera, Carpeta I, n. 49.--Fernández -y González, pp. 351, 353, 363.--Ordenanzas Reales, VIII, iii, -31.--Memorial histórico español, I, 81, 152. - -[190] Fernández y González, pp. 221, 286.--Coleccion de Documentos de la -Corona de Aragon, VI, 157, 196.--Córtes de los antiguos Reinos, II, 309. - -[191] Aguirre, V, 225, 227; VI, 369.--Cap. 5 Extra v, vi.--Cap. 2 -Extrav. Commun. v, ii.--Tratados de Legislacion Musulmana, p. 216 -(Madrid, 1853).--Partidas, P. VII, Tit. xxv, leyes 2, 3.--Constitutions -de Cathalunya, Lib. I, cap. 3, 4 (Barcelona, 1588).--Concil. -Tarraconens. ann. 1245 (Aguirre, VI, 306). - -[192] Fernández y González, pp. 107-8, 120, 286, 359.--Memorial -histórico español, I, 285.--For the manner in which the houses of -conquered towns were distributed see the _Repartimiento de Jerez de la -Frontera_ by Alfonso X in this same year 1266, printed by Padre Fidel -Fita (Boletin, Junio, 1887, pp. 465 _sqq._). - -[193] Fernández y González, p. 346. - -[194] Coleccion de Documentos de la Corona de Aragon, VI, -255.--Partidas, P. VII, Tit. xxv, ley 10. - -[195] Tratados de Legislacion Musulmana, p. 7 (Madrid, 1853). In this -collection the _Leyes de los Moros_ probably date from about the year -1300. Ice Gebir's _Suma de los principales Mandamientos_ was written -in 1462. It would not be easy to find a more practical moral code than -that presented in the short precepts assembled in Ice Gebir's first -chapter (pp. 250 _sqq._). It is somewhat surprising to learn that in -the _alchihéd_, or holy war against Christians, it was forbidden to -slay non-combatants--women, children, old men and even monks and friars -unless they defended themselves by force (cap. xxxv, p. 333). Even -harmless things, such as ants and frogs, are not to be deprived of life -(cap. clvii, p. 400). The vital reproach to be brought against Islam -is the position assigned to woman--her degradation in her relations to -man, and her scant recognition as a human being. In a classification -of society into twelve orders, the eleventh is that of _baldios_ or -robbers, sorcerers, pirates, drunkards, etc., and the twelfth and lowest -is woman (Ib. cap. lx, pp. 412, 415). - -[196] The ballad chronicler relates how-- - -Et los moros é las moras Muy grandes juegos hacian, Los judíos con las -toras Estos Reyes bien recibian. Fernández y González, p. 239. - - - -[197] Crónica de Juan II, año IV, cap. 26. - -[198] Coleccion de Documentos de la Corona de Aragon, VIII, -53.--Memorial histórico español, I, 239, 263; III, 439. - -[199] Fernández y González, p. 389. - -[200] Ibid. pp. 382, 386. - -[201] Janer, Condicion Social de los Moriscos de España, pp. 47-9, 161, -162 (Madrid, 1857). - -Under the Saracen domination, Almería was the chief port of Spain, -crowded with ships from Syria and Egypt, Pisa and Genoa. It boasted of -a thousand inns for strangers and four thousand weaving shops, besides -manufactures of copper, iron and glass (Dozy, Recherches, I, 244-5). For -the wonderful wealth of the Moors under the caliphs of Córdova, showing -the capacity of the race and of the land, see Conde's "Arabs in Spain," -P. II, cap. 94. How unfitted was the Castilian chivalry to perpetuate -this prosperity is seen in a letter of Alfonso X in 1258, reciting how -he had peopled with Christians the flourishing city of Alicante, as it -was a stronghold and one of the best seaports; how the allotment of -lands had given dissatisfaction and on investigation he had found that -the Christians could not live and prosper there, wherefore he now makes -a new _repartimiento_ (Memorial histórico español, I, 135). - -[202] Fernández y González, pp. 294, 321, 367. Cf. Concil. Vallisolet. -ann. 1322, cap. xxii; C. Toletan. ann. 1324, cap. viii (Aguirre, V, 251, -259); Concil. Parisiensis, ann. 1212, Addend, cap. i (Martene Ampliss. -Collect. VII, 1420). - -[203] Concil. Lateran. IV, ann. 1216, cap. lxviii (cap. 15, Extra, v, -vi). This device originated among the Saracens of the East, who, in -the eleventh century, required Jews and Christians to wear distinctive -badges (Fernández y González, p. 16). The earliest trace of it in -the West is found in the charter of Alais, in 1200, which prescribes -distinctive vestments for Jews (Robert, Les Signes d'Infamie au -Moyen Age, p. 7). In Italy, Frederic II obeyed the Lateran decree by -ordering, in 1221, all Jews to wear distinguishing garments (Richardi -de S. German. Chron. _ap._ Muratori, S. R. I., VII, 993), but he did -not insert this in the Sicilian Constitutions or include his Saracen -subjects. In 1254 the council of Albi prescribed for Jews a circle, -a finger-breadth in width, to be worn upon the breast, and that of -Ravenna, in 1311, a yellow circle (Harduin. VII, 458, 1370). In the -fifteenth century, the Neapolitan Jews were required to wear as a sign -the Hebrew letter Tau (Wadding, Annal. Minor. T. III, Regest. p. 392). - -[204] Raynald. Annal. ann. 1217, n. 84.--Amador de los Rios, Hist. de -los Judíos de España, I, 361-2, 554. - -[205] Amador de los Rios, I, 362, 364. - -[206] Partidas, P. VII, Tit. xxiv, ley 11. - -[207] Córtes de los antiguos Reinos, I, 227. - -[208] Concil. Tarraconens. ann. 1238, cap. iv; ann. 1282, cap. v -(Martene Ampliss. Collect. VIII, 132, 280).--Fernández y González, p. -369.--Constitutions de Cathalunya superfluas, Lib. I, Tit. v, cap. 12 -(Barcelona, 1589, p. 8). - -[209] Ayala, Crónica de Enrique II, año VI, cap. vii.--Córtes de los -antiguos Reinos, II, 281. - -[210] Ripoll Bullar. Ord. FF. Prædic. I, 479. It was apparently in -return for a tithe of ecclesiastical revenues that Jaime pledged himself -to the pope to expel the Moors, but he was too wise a statesman to do -so, and as late as 1275 he invited additional settlers by the promise -of a year's exemption from taxation. On his death-bed in 1276, however, -partly, no doubt in consequence of a dangerous Moorish revolt, and -partly owing to the awakened fears shown by his taking the Cistercian -habit, he enjoined his son Pedro to fulfil the promise, and in a codicil -to his will he emphatically repeated the request (Danvila y Collado, La -Expulsion de los Moriscos, p. 24.--Swift, James the First of Aragon, pp. -140, 253, 290), but Pedro was obdurate. - -[211] Fernández y González, p. 109. - -[212] Constitt. Valentin. (Aguirre, V, 206). - -[213] Cap. 1 Clementin. Lib. V, Tit. ii. - -[214] Concil. Tarraconens. ann. 1329 (Aguirre, VI, 370). - -[215] Concil. Dertusan. ann. 1429, cap. xx (Aguirre, V, 340).--Raynald. -Annal. ann. 1483, n. 45. - -In 1370 the _Carta Pueblo_, granted by Buenaventura de Arborea to the -Moors of Chelva specifically allowed their alfaquíes to cry Alá Zalá -as was their wont in the time of Pedro, her late husband.--Fernández y -González, p. 386. - -[216] Cap. 1 Clementin. Lib. II, Tit. viii; Lib. V, Tit. v. - -[217] Although the acts of the council of Zamora were fully confirmed -by the Córtes of Palencia in 1313 (Córtes de los antiguos Reinos, I, -227, 240-1), it seemed impossible to enforce them. In 1331 the Córtes -of Madrid ineffectually petitioned that Christians denying debts to -Jews could offer another Christian as a witness and not be obliged to -have a Jew. The Fuero Viejo de Castiella, as revised in 1356, however, -grants the privilege (Lib. III, Tit. iv, ley 19). The editors of the -Fuero, Asso and Manuel (Ed. 1847, p. 83) say that the practice varied, -and that Henry III, in the Córtes of Madrid, in 1405, again granted the -privilege. As early as 1263 Alfonso X had enacted that in mixed suits -a Jew could not demand that his opponent should produce as witnesses a -Christian and a Jew, but that the evidence of two good Christians should -suffice.--Memorial histórico español, I, 207. The point has interest as -an evidence of the desire to protect Jews from imposition. - -[218] Amador de los Rios, II, 561-5. - -[219] Concil. Vallisolet. ann. 1322, cap. xxii (Aguirre, V, 250). - -[220] Innocent. PP. III, Regest. X, 69; XII, post Epist. 107.--Concil. -Lateran. IV, cap. lxix (cap. 16, Extra, v, vi). - -[221] Fernández y González, p. 289.--Coleccion de Privilegios, VI, -97.--Partidas, P. VII, Tit. xxiv, ley 3. - -[222] Annal. Novesiens. ann. 846 (Martene Ampliss. Collect. IV, 538). -Cf. Gest. Episc. Leodiens. Lib. II, cap. 41.--Hist. Treverens. (D'Achery -Spicileg. II, 222). - -[223] Concil. Quinisext. cap. xi.--Gratian. cap. 13, Caus. xxviii, Q. 1. - -[224] Cap. 13, Extra, V, xxxviii. - -[225] Concil. Salmanticens. ann. 1335, cap. xii (Aguirre, V, 269). - -[226] Ordenamiento de Doña Catalina, n. 10. - -[227] Fortalicium Fidei, fol. 147^{a} (Ed. 1494). - -[228] Mariana, Hist. de España, VIII, 69 (Ed. 1790). - -[229] Ordenanzas Reales, VIII, iii, 18.--Ripoll Bullar. Ord. FF. Prædic. -IV, 44. As recently as 1580 Gregory XIII recited the prohibitions of -employing Jewish physicians uttered by Paul IV and Pius V and deplored -their inobservance which precipitated many souls to damnation, to -prevent which he ordered their strict enforcement.--Septimi Decretal. -Lib. III, Tit. vi, cap. 2. - -[230] Concil. Tarraconens. ann. 1329 (Aguirre, VI, 371). - -[231] Aguirre, V, 286-7. Pedro el Ceremonioso, the King of Aragon, was -then only a boy of eighteen, who had ascended the throne in January, -1336. - -[232] Córtes de los antiguos Reinos, II, 311, 322-8. - -[233] Ordenanzas Reales, VIII, iii, 6. - -[234] Concil. Palentin. ann. 1388, cap. v, vi (Aguirre, V, 300). - -[235] Ordenamiento de Valladolid, i, xi (Fortalicium Fidei, fol. -176).--Fernández y González, pp. 400, 402. - -[236] Ordenanzas Reales, VIII, iii, 10, 19. - -[237] Padre Fidel Fita, Boletin, IX, 270-84, 289, 292.--It was not until -1555 that Paul IV adopted the same policy in Rome and established the -Ghetto, or Jewish quarter.--Septimi Decretal. Lib. V, Tit. I, cap. 4 - -[238] For a series of these capitulations see Coleccion de Documentos -para la Historia de España, T. VIII, pp. 403 _sqq._ - -[239] S. Agobardi de Judaicis Superstitionibus; Ejusdem de cavenda. -Societate Judaica.--Amulonis Episc. Lugdunens. Lib. contra Judæos ad -Carolem Regem. - -[240] Stephani PP. VI, Epist. 2. - -[241] Cap. 7, 9, Extra, Lib. V, Tit. vi. - -[242] Concil. Paris, ann. 1212, P. V, cap. 2 (Martene Ampliss. Collect. -VII, 102). - -[243] Innocent. PP. III, Regest. X, 190. Cf. Epistt. Select. Sæc. XIII, -T. I, p. 414 (Pertz). - -[244] Cæsar. Heisterb. Dial. Mirac. Dist. II, cap. xxiv, -xxv.--Bernaldez, Hist. de los Reyes Católicos, cap. xliii.--Vicente da -Costa Mattos, Breve Discurso contra a heretica Perfidia do Judaismo, -fol. 131, 132, 134 (Lisboa, 1623).--Bodleian Library, MSS. Arch. S. 130. - -[245] P. de Alliaco Canon. Reformat, cap. xliii (Von der Hardt, Concil. -Constant. I, VIII, 430-1) - -[246] Chron. Turonens. ann. 1009. - -[247] Berthold. Constant, ann. 1096.--Otton. Frisingens. de Gest. Frid. -I, Lib. I, cap. 37.--Vitoduran. Chron. ann. 1336.--Gesta Treviror. -Archiepp. ann. 1337. - -[248] Rigord. de Gest. Phil. Aug. ann. 1182--Vaissette, Hist. Gen. -de Languedoc, VIII, 1191-2 (Ed. Privat).--Nich. Trivetti Chron. ann. -1189.--Guill. Nangiac. Contin. ann. 1306.--Matt. Paris. Hist. Angl. ann. -1210.--Matt. Westmonast. ann. 1290. - -[249] Fuero Juzgo, Lib. XII, Tit. ii, ley 18. - -[250] Marca Hispanica, p. 1439. - -[251] Coleccion de Privilegios, VI, 96 (Madrid, 1833).--Memorial hist, -español, I, 38, 124; II, 71. - -[252] Amador de los Rios, I, 185-6, 189. - -[253] Contin. Gerardi de Fracheto, ann. 1285 (Dom Bouquet, XXI, 7). - -[254] Amador de los Rios, II, 67.--Benavides, Memorias de Fernando IV, -II, 331. - -It indicates the independent position of Jews and Moors that -they refused to pay tithes on lands acquired from Christians and -their liability was enforced only after a vigorous and prolonged -struggle.--See Cap. 18, Extra, Lib. v, Tit. xix (Concil. Lateran. -IV).--Innocent. PP. III, Regest. VIII, 50; x, 61.--Concil Tarraconens. -ann. 1291 (Aguirre, VI, 292).--Concil. Zamorens. ann. 1313, cap. -x (Amador de los Rios, II, 564).--Memorial hist. español, I, 33, -160.--Fernández y González, pp. 348, 355, 380, 389.--Benavides, _op. -cit. II_, 539, 541. - -[255] Concil. Roman. V, ann. 1078 (Migne's Patrologia, CXLVIII, -799).--Gregor. PP. VII, Regest. IX, 2. - -[256] Amador de los Rios, I, 28-9. - -[257] Ibidem, II, 58. - -[258] Amador de los Rios, II, 74-5. - -[259] Leyes de Estilo, 89-90. - -[260] El Fuero Real, Lib. IV, Tit. iv, ley 7.--Partidas, VII, xxiv, 5. -In 1322 Jaime II of Aragon forbids the molestation of Strogo Mercadell, -a Jew, for taking a second wife.--Coleccion de Documentos de la Corona -de Aragon, VI, 240. - -[261] El Fuero Real, Lib. IV, Tit. ii, leyes 1, 2, 3. - -[262] Lucæ Tudens. de altera Vita III, 3. - -[263] Alex. PP. II, Epist. 101 (Decreti Consid. XXIII, Q. viii, cap. 11). - -[264] Amador de los Rios, I, 189-90. - -[265] Roderici Toleti de Rebus Hispan. VIII, 2, 6.--Malo, Histoire des -Juifs, p. 267 (Paris, 1826). - -[266] Villanueva, Viage Literario, XXII, 328, 329, 333. - -[267] Amador de los Rios, I. 370, 447-51.--Lindo's History of the Jews -of Spain, P. 88. - -[268] Leyes nuevas, Núm. XII, XIII. Cf. Ley 7 (Alcubilla, Códigos -antiguos, I, 182). - -[269] Partidas, P. VII, Tit. xxiv. The provision punishing with death -male Jews for intercourse with Christian women only expressed existing -legislation, even when the woman was a prostitute.--Benavides, Memorias -de Fernando IV. II, 210. - -[270] Villanueva, Viage Literario, XIII, 332.--R. Nachmanidis Disputatio -(Wagenseilii Tela Ignea Satanæ).--Coleccion de Documentos de la C. de -Aragon, VI, 165. - -[271] Bulario de la Orden de Santiago, Lib. III, fol. 546 (Archivo hist, -nacional de Madrid). - -[272] Coleccion de Documentos, VI, 167.--Villanueva, XIII, 336.--Ripoll -Bullar Ord. Predic. I, 479. - -[273] Aguirre, VI, 369. - -[274] Coleccion de Documentos, VI, 170. - -[275] Amador de los Rios, I, 438. - -[276] Florez, España Sagrada, XLIV, 298. - -[277] Septimi Decretal. Lib. V, Tit. i, cap. 2. - -[278] Florez, _op. cit._, XLIV, 297-99. - -[279] Bernard d'Esclot, Cronica del Rey en Pere, cap. clii. - -[280] Coleccion de Documentos, VI, 194. - -[281] Villanueva, XXI, 165, 303. - -[282] Archivo gen. de la Corona de Aragon, Regist. 208, fol. 72; Regist. -229, fol. 239. - -[283] Amador de los Rios, II, 98-102. - -[284] Coleccion de Privilegios, VI, 129 (Madrid, 1833).--Benavides, -Memorias de Fernando IV, II, 374. - -[285] Amador de los Rios, II, 90-4. - -[286] Córtes de los antiguos Reinos, I, 247.--Cap. 1, Clement. Lib. V, -Tit. v. - -[287] Lindo's History of the Jews of Spain, p. 180. - -[288] Graetz, Geschichte der Juden, VIII, 327 (Ed. 1890). - -[289] Decreti P. II, Caus. xiv, Q. 3, 4, 5, 6.--Cap. 1, § 2 Clement. -Lib. V, Tit. v. - -[290] Cap. 12, Extra, Lib. V, Tit. xix.--Concil. Lateran. IV, cap. -67.--Concil. Lugdunens. II, ann. 1274, cap. 26.--Cap. 1 Clement. Lib. V, -Tit. v.--Concil. Pennafidelens. ann. 1302, cap. 9. - -[291] Marca Hispanica, pp. 1415, 1426, 1431.--Constitutions de -Cathalunya superfluas, Lib. I, Tit. v, cap. 2.--Villanueva, Viage -Literario, XXII, 301.--El Fuero Real, Lib. IV, Tit. ii, ley 6. - -[292] Marca Hispanica, pp. 1433, 1436.--Coleccion de Documentos de -la C. de Aragon, VI, 170.--Córtes de los antiguos Reinos, I, 127, -227, 281.--Amador de los Rios, I, 393, 421, 587; II, 63, 69, 89, 121, -148.--Coleccion de Privilegios, VI, 111, 113. - -[293] Amador de los Rios, II, 139. - -[294] Córtes de los antiguos Reinos, II, 234. - -[295] Yanguas y Miranda, Diccionario de Antigüedades del Reino de -Navarro, II, 93. - -[296] Ordenamiento de Alcalá, Tit. XXIII, ley 2. Cf. Ordenanzas Reales, -Lib. VIII, Tit. ii, leyes 1-8. - -[297] Padre Fidel Fita, Boletin, XI, 404. - -[298] Amador de los Rios, I, 488. - -[299] Córtes de los antiguos Reinos, II, 325.--Amador de los Rios, II, -320. - -[300] Villanueva, XVII, 247. - -[301] Zurita, Añales de Aragon, Lib. VI, cap. lxxviii.--Amador de los -Rios, II, 175-9, 284-5, 289-91. - -[302] Zurita, Lib. VIII, cap. xxvi, xxxiii.--Amador de los Rios, II, -260, 263, 299-300. - -[303] Raynald, Annal. ann. 1348, n. 83. - -[304] Guill. Nangiac. Contin. ann. 1366.--Quarta Vita Urbani V -(Muratori, S. R. I., III, II, 641). - -[305] Ayala, Crónica de Pedro I, año VI, cap. vii. - -[306] Ibidem, año IX, cap. vii, viii. - -[307] Guill. Nangiac. Contin. ann. 1366.--Ayala, año XVII, cap. viii. - -[308] Amador de los Rios, II, 571-3.--Boletin, XXIX, 254. - -[309] Ayala, Crónica de Juan I, año I, cap. iii. - -[310] Zuñiga, Annales de Sevilla, año 1395, n. 2; año 1404, n. 4. - -[311] Amador de los Rios, II, 338-9, 579-89.--We have seen the -prohibition, in the imperial jurisprudence, to erect new synagogues, and -this was sedulously preserved in the canon law.--Cap. 3, 8, Extra, V, vi. - -The twenty-three synagogues evidently refer to all in the diocese of -Seville. At the time of the outbreak there were but three in the city. - -[312] Zuñiga, Annales de Sevilla, año 1379, n. 3; año 1388, n. 3. - -[313] Amador de los Rios, II, 592-4. - -[314] Acta capitular del Cabildo de Sevilla, 10-15 de Enero de 1391 -(Bibl. nacional, MSS., Dd, 108, fol. 78). - -[315] Amador de los Rios, II, 613. - -[316] Acta capitular, _ubi sup._ - -[317] Zuñiga, Annales de Sevilla, año 1391, n. 1, 2, 3.--Ayala, Crónica -de Enrique III, año I, cap. v, xx.--Barrantes, Ilustraciones de la -Casa de Niebla, Lib. V, cap. xx.--Archivo de Sevilla, Seccion primera, -Carpeta II, n. 53. - -[318] Ayala, Crónica de Enrique III, año 1391, cap. xx.--Mariana, Hist. -de España, Lib. XVIII, cap. xv.--Colmenares, Hist. de Segovia, cap. -xxvii, § 3.--Fidel Fita, Boletin, IX, 347.--Amador de los Rios, II, -360-3, 370-1, 382, 389, 391.--Zuñiga, Annales de Sevilla, año 1391, n. -2; año 1404, n. 4.--Archivo de Sevilla, Seccion primera, Carpeta CVII, -n. 1. - -[319] Amador de los Rios, II, 595-601. - -[320] Amador de los Rios, II, 372-77, 398.--Bofarull y Broca, Hist. de -Cataluña, V, 35. - -[321] História general de Mallorca, II, 319 (Ed. 1841).--Loeb, Revue des -Études Juives, 1887, p. 172.--Villanueva, XXI, 224. - -[322] Revue des Études Juives, 1887, pp. 261-2. - -[323] Amador de los Rios, II, 392-4.--Coleccion de Doc. de la Corona de -Aragon, VI, 430. - -[324] Coleccion de Documentos, VI, 436, 438, 441, 454. - -[325] José Fiter y Ingles, Expulsion de los Judíos de Barcelona, pp. -8-14 (Barcelona, 1876). This edict was renewed in 1479, 1480 and 1481 -(Ibid. pp. 15-19). - -[326] Viage literario, XVIII, 20. - -[327] Amador de los Rios, II, 382-5. - -[328] Amador de los Rios, II, 400-2, 445, 599-604.--Zurita, Añales de -Aragon, Lib. X, cap. xlvii. - -[329] Bernaldez, Hist. de los Reyes Católicos, cap. xliii.--The Jews -likewise attributed their sufferings to this "Friar Vincent, from the -city of Valencia, of the sect of Baal Dominic."--Chronicles of Rabbi -Joseph ben Joshua ben Meir, I, 265-7. - -[330] Chron. Petri de Areniis, ann. 1408 (Denifle, Archiv für Litt. -und Kirchengeschichte, 1887, p. 647).--Coleccion de Doc. de la Corona -de Aragon, I, 118.--Chron. Magist. Ord. Prædic. cap. xii (Martene, -Ampliss. Collect. VII, 387).--Salazar, Anamnesis Sanctt. Hispan. II, -513.--Tournon, Hommes Illustres de l'Ordre de S. Dominique, III, -37.--Mariana, Hist. de España, VI, 423 (Ed. 1790).--Alban Butler, Vies -des Saints, 5 Avril. - -[331] Rabbi Sam. Marrochiani de Adventu Messiæ (Mag. Bib. Patrum, Ed. -1618, T. XI, p. 421).--Jo. Chr. Wolfii Biblioth. Hebrææ, I, 1099.--This -tract was translated from Arabic to Latin in 1338 by the Dominican -Alfonsus Bonihominis and was reprinted so recently as 1742, at Cassano -by the Jesuits. - -[332] Mag. Bibl. Patrum, T. XII, P. II, p. 358. For the zeal of the -convert to induce his brethren to follow him, see Hermanni Opusc. de -Conversione sua, cap. xvi (Migne's Patrol. Lat. T. CLXX, p. 828). - -[333] D'Argentré, Collect. Judic. de novis Erroribus, I, I, 132. - -[334] Pugionis Fidei P. III, Dist. iii, cap. 21, 22. - -[335] Scrutinii Scripturarum P. II. See Graetz (VIII, 79) for a full -account of Selemoh Ha-Levi and of the controversies to which his -apostasy gave rise. - -[336] Amador de los Rios, II, 447; III, 108-9.--P. de la Caballería, -Zelus Christí contra Judæos (Venetiis, 1592).--Libro Verde de Aragon -(Revista de España, Tom. CV, p. 571). - -[337] Amador de los Rios, II, 413-16, 419-22.--Córtes de los antiguos -Reinos, II, 544. - -[338] Fortalicium Fidei, fol. clxxii-iii.--Colmenares, Historia de -Segovia, cap. xxviii.--Garibay, Compendio historial de España, Lib. XV, -cap. 58.--Rodrigo, Historia verdadera de la Inquisicion, II, 44.--Padre -Fidel Fita (Boletin, IX, 371). - -[339] Crónica de Juan II, año V, cap. xxii. - -[340] Fortalicium Fidei, fol. clxxvi-viii.--Amador de los Rios, II, -496-502.--Fernández y González, Estado de los Mudéjares, pp. 400-5. - -[341] Amador de los Rios, II, 503, 515.--Villanueva, XXII, 258. - -[342] The Spanish historians claim that all the rabbis, except Joseph -Albo and Vidal Ferrer, acknowledged the truth of Christianity and -abjured the errors of Judaism (Amador de los Rios, II, 438-42; Zurita, -Añales de Aragon, Lib. XII, cap. xlv), but Graetz (Geschichte der Juden, -VIII, 120-1) states with greater probability, that the only concession -made by the twelve was that the Haggadah passages of the Talmud are of -no authority and even from this Ferrer and Albo dissented. - -[343] Zurita, Añales, Lib. XII, cap. xlv. - -[344] Amador de los Rios, II, 627-53; III, 38. - -[345] Concil. Basiliens. Sess. XIX, cap v, vi (Harduin. VIII, 1190-3). - -[346] Raynald. Annal, ann. 1442, n. 15.--Wadding, Annal. Minor, ann. -1447, n. 10. - -[347] Villanueva, XIV, 30. - -[348] Amador de los Rios, III, 12. - -[349] Libro Verde de Aragon (Revista de España, CVI, 257, 269). - -[350] Caballero, Noticias del Doctor Alonso Díaz de Montalvo, p. 251. - -[351] Pulgar, Claros Varones, Tit. XVIII. - -[352] Tristan. Caraccioli Epist. de Inquisit. (Muratori, S. R. I., XXII, -97). - -[353] Crónica de Juan II, año XIV, cap. ii. - -[354] Amador de los Rios, III, 583-9. - -[355] Raynald. Annal. ann. 1451, n. 5. - -[356] Amador de los Rios, III, 115-16. - -[357] Boletin, XXVI, 468-72. - -[358] Córtes de los antiguos Reinos, III, 717. - -[359] Colmenares, Hist. de Segovia, cap. XXXI, § 9.--Amador de los Rios, -III, 164-7.--Fernández y González, p. 213. - -[360] Concil. Arandens. ann. 1473, cap. vii (Aguirre, V, 345). - -[361] Coleccion de Cédulas, I, 45. - -[362] Ordenanzas Reales, VIII, iii, 1-41. - -[363] Archivo general de la C. de Aragon, Regist. 3684, fol. 10, 33. - -[364] Padre Fidel Fita, Boletin, XV. 443. - -[365] Amador de los Rios, III, 288-90.--Coleccion de Cédulas, I, 134. - -[366] Amador de los Rios, III, 170-1.--Merchan, La Judería y la -Inquisicion de Ciudad-Real, I, 647. - -Lindo (Hist. of the Jews of Spain, p. 244) estimates the Jews of Castile -at this Period at between 200,000 and 300,000 over 16 years of age. -Graetz assumes the total number as 150,000; Isidore Loeb at 50,000 or a -little more.--Revue des Études Juives, 1887, p. 168. - -[367] Amador de los Rios, III, 88-9, 116-17, 206-10, 213-15, 217-18. - -[368] Amador de los Rios, III, 118-24.--Crónica de Juan II, año XLII, -cap. ii, v.--Crónica de Alvaro de Luna, Tit. lxxxiii. - -[369] Merchan, La Judería y la Inquisicion de Ciudad-Real, I, 541-63. - -[370] Raynald. Annal. ann. 1449, n. 12. - -[371] Amador de los Rios, III, 125, 494.--Raynald. ann. 1451, n. 5. - -[372] Nic. Antonio, Bibl. vetus Hispan., II, n. 565. - -[373] In this I have chiefly followed a MS. account, evidently by a -contemporary, preserved in the Bibl. nacional, MSS., G. 109. See also -Amador de los Rios, III, 145-51; Valera, Memorial de diversos Hazañas, -cap. xxxviii; Castillo, Crónica de Enrique IV, cap. xc, xci. - -[374] Merchan, _op. cit._, I, 641-3. - -[375] Castillo, _op. cit._, cap. cxlvi.--Mariana, Lib. XXIII, cap. xv. - -[376] Castillo, _op. cit._, cap. clx.--Valera, Memorial de diversas -Hazañas, cap. clxxxiii.--Memorial hist. español, VIII, 507. - -[377] Valera, cap. lxxxiii-iv.--Castillo, cap. clx.--Memorial hist. -español, VIII, 508.--Barrantes, Ilustraciones de la Casa de Niebla, Lib. -VIII, cap. vi.--Amador de los Rios, III, 159-60. - -[378] Amador de los Rios, III, 234. - -[379] Pulgar, Crónica de los Reyes Católicos, II, lxxvii. - -[380] Padre Fidel Fita, Boletin, XV, 323-5, 327, 328, 330; XXIII, 431. - -[381] Historia de los Reyes Católicos, cap. cxi. - -[382] As this measure seems to have hitherto escaped attention, I give -the text of the document--a passage in a letter from Ferdinand, May -12, 1486, to the inquisitors of Saragossa. "Devotos padres. Porque por -esperiencia parece que todo el daño que en los cristianos se ha fallado -del delicto de la heregia ha procedido de la conversacion y practica que -con los judios han recebido las personas de su linage, ningun tan comodo -remedio hay como apartarlo dentre ellos de la manera que se ha fecho -en el arzobispo de Sevilla e obispados de Córdova e de Jaen, e pues -en essa ciudad tanto e mas que en ninguna otra han dañado, es nuestra -voluntad que los judios dessa ciudad luego sean desterrados dessa dicha -ciudad e de todo el arzobispado de Çaragoça e obispado de Santa María de -Albarracin como por el devoto padre Prior de Santa Cruz vos sera escrito -e mandado."--Archivo gén. de la C. de Aragon, Regist. 3684, fol. 96. - -While this is apparently confined to the Saragossa Jews, a letter of -Ferdinand to Torquemada, July 22, 1486, alludes to the Jews of Teruel -having been ordered by the inquisitors to depart within three months. -He deems them justified in complaining that the term is too short, -seeing that they have to pay and collect their debts and sell their -houses and lands and he therefore suggests an extension of six months -additional.--See Appendix. - -[383] Zurita, Hist. del Rey Hernando, Lib. I, año 1492.--Mariana, Lib. -XXIV, cap. xviii.--Páramo de Orig. Officii S. Inquisitionis, pp. 144, -156, 163 (Madriti, 1598).--Garibay, Comp. Hist. Lib. XIX, c. iv. - -[384] An account of the expulsion at the end of the Libro Verde de -Aragon states this to be the cause (Revista de España, CVI, 567-8). -Ribas Altas, however was burnt some years earlier, for in the Saragossa -auto de fe of March 2, 1488, his mother Aldonça was burnt and the report -alludes to his previous burning and relates the story.--Memoria de -Diversos Autos, Auto 29 (see Appendix). - -[385] Barrantes, Aparato para la Historia de Extremadura, I, 458. - -[386] Revista de España, CVI, 568-70. This correspondence was long used -as a weapon against the New Christians. See Vicente da Costa Mattos, -Breve Discorso contra a heretica Perfidia do Judaismo, fol. 55-7, 166 -(Lisboa, 1623). Rodrigo prints it (Historia verdadera de la Inquisicion, -II, 47). - -[387] I have considered this notable case at some length in "Studies -from the Religious History of Spain," pp. 437-68. It can be studied with -accuracy in the records of the trial of one of the accused, Jucé Franco, -printed by Padre Fidel Fita (Boletin, XI, 1887) with ample elucidations. -The Catalan version of the sentence is in _Coleccion de Documentos de -la Corona de Aragon_, XXVIII, 68. For the legend and cult of the Santo -Niño see Martínez Moreno, _Historia del Martirio del Santo Niño de la -Guardia_, Madrid, 1866. - -[388] Páramo (p. 144) seems to be the earliest authority for this story -and, as he tells it, it seems rather applicable to an attempt of the -Conversos to buy off the Inquisition, but modern writers attribute it to -the Jewish expulsion. See Llorente, Hist. Crít. cap. VIII, Art. 1, n. 5; -Hefele, Der Cardinal Ximenes, XVIII; Amador de los Rios, III, 272-3. - -[389] Manuel de novells Ardits vulgarment appellat Dietari del Antich -Consell Barceloni, III, 94 (Barcelona, 1894). - -[390] Nueva Recopilacion Lib. VIII, Tit. ii, ley 2.--Novísima Recop., -Lib. XII, Tit. i, ley 3.--Zurita, Hist. del Rey Hernando, Lib. I, año -1492.--Amador de los Rios, III, 603-9.--Boletin, XI, 425, 512. - -[391] Zurita, _loc. cit._ - -[392] See Appendix. - -[393] Páramo, p. 167.--Ilescas, Historia Pontifical, P. II, Lib. vi, -cap. 20, § 2. - -[394] Amador de los Rios, III, 403. - -[395] Llorente, Hist. crít., Append, VI.--Archivo de Simancas, -Inquisicion, Lib. 1; Lib. 3, fol. 87. - -[396] Bergenroth, Calendar of Spanish State Papers, I, 51. - -[397] Zurita, _loc. cit._--Páramo, p. 166. - -[398] Graetz VIII, 348.--Bernaldez, cap. CXII.--The cruzado of Portugal -was worth 365 maravedís, the same as the _dobla de la banda_. The ducat -was worth 374. - -[399] Lindo, History of the Jews, p. 287.--Chronicle of Rabbi Joseph ben -Joshua ben Meir, I, 327. - -[400] Graetz, VIII, 349. - -[401] Bernaldez, cap. CX.--Barrantes, Ilustraciones de la Casa de -Niebla, P. IX, cap. 2.--Amador de los Rios, III, 311.--Lindo, p. 292. - -[402] Amador de los Rios, III, 312.--Boletin, IX, 267, 286; XI, 427, 586. - -[403] Graetz, VIII, 348.--Chrónicon de Valladolid (Coleccion de -Documentos, XIII, 195). - -[404] Bernaldez, cap. CXII, CXIII. - -[405] Dami[=a]o de Goes, Chronica do Rei D. Manoel, P. I, cap. cii, ciii. - -[406] Chronicles of Rabbi Joseph ben Joshua ben Meir, I, 328.--Amador de -los Rios, III, 332-3. - -[407] Amador de los Rios, III, 320.--Zurita, _loc. cit._ - -[408] Archivo de Simancas, Inquisicion, Libro 927, fol. 124.--Isidore -Loeb (Revue des Études Juives, 1887, p. 179).--Ilescas, Historia -Pontifical, P. II, Lib. vi, cap. 20, § 2.--Kayserling, Biblioteca -Española-Portugueza-Judaica, p. xi (Strasbourg, 1890). - -[409] Nueva Recopilacion, Lib. VIII, Tit. ii, ley 3.--Novís. Recop., -Lib. XII, Tit. i, ley 4.--Archivo de Simancas, Inquisicion, Lib. 1. - -[410] Bernaldez, cap. CXI. - -[411] Arnaldin. Albertinus de Hæreticis, col. lix (Valentiæ, 1534). - -[412] Zurita, _loc. cit._--Mariana, Tom. VIII, p. 336 (Ed. -1795).--Páramo, p. 167. - -[413] Revue des Études Juives, 1887, p. 182. - -[414] Chronicles of Rabbi Joseph ben Joshua ben Meir, I, 323-4. - -[415] Pet. Martyr. Angler. Lib. VIII, Epist. 157. - -[416] Joan. Pici Mirandulæ in Astrologiam, Lib. V, cap. xii. - -[417] Il Principe, cap. xxi. - -[418] Arnald. Albertinus de Hæreticis, col. lix. - -[419] Censura et Confutatio Libri Talmud (Boletin, XXIII, 371-4). - -The Jews distinguished between unwilling converts, whom they termed -_Anusim_ and voluntary converts, or _Meschudanim_; the former they -pitied and helped, the latter they abhorred. The Judaizing Christians -were also sometimes called _Alboraycos_, from _alborak_ (the lightning), -the marvellous horse brought to Mahomet by the angel Gabriel, which was -neither a horse nor a mule nor male nor female (Ibid. p. 379). A still -more abusive popular appellation was _Marrano_, which means both hog -and accursed. For the controverted derivation of the word see Graetz, -_Geschichte der Juden_, VIII, 76 (Ed. 1890), who also (p. 284) admits -the attachment of many of the Conversos to the old religion. - -[420] C. Dertusan. ann. 1429, c. ix (Aguirre, V, 337). - -[421] Ripoll Bullar. Ord. FF. Prædic. III, 347. - -[422] C. Basiliens. Sess. XIX, c. vi (Harduin. VIII, 1193). - -[423] Raynald. Annal. ann. 1451, n. 6. - -[424] Fortalicium Fidei, Prolog. (Ed. 1494, fol. ii^{a}). The date of -the _Fortalicium_ is commonly assigned to 1459, the year which it bears -upon its rubric, but on fol. lxxvii^{b} the author speaks of 1460 years -having elapsed since the birth of Christ and, as this is at nearly the -first third of the book, it may not have been completed for a year or -two later. - -[425] Nicol. Anton. Bibl. Vet. Hispan. Lib. X, cap. ix. - -[426] Amador de los Rios, III, 60, 136.--Valera, Memoria de diversas -Hazañas, cap. iv. - -[427] Fortalicium Fidei, fol. cxlvi. - -[428] Colmenares, Hist. de Segovia, cap. xxxi, § 3.--Valera, _loc. cit._ - -[429] All recent Spanish authorities, I believe, assume that Fray Alonso -was a Converso, but the learned Nicolás Antonio (_loc. cit._) says -nothing about it, and Jo. Chr. Wolff (Bibl. Hebrææ II, 1123) points -out that he nowhere alludes to his own experience as he could scarce -have failed to do when accusing the Jews of matters which they denied. -He cites (fol. cxlix^{a}) Pablo de Santa María, Bishop of Burgos, for -their prayers against Christians and another learned Converso as to a -secret connected with the Hebrew letters (fol. xciv^{a}). His knowledge -concerning the Jews was thus wholly at second hand and his assaults on -the Judaizing of the Conversos have every appearance of emanating from -an Old Christian. - -[430] The prayers attributed to the Jews were the subject of repeated -repressive legislation. See _Ordenanzas Reales_, VIII, iii, 34. - -[431] Fortalicium Fidei, fol. cxlii-ix, clxxxi-iii. - -[432] Fuero Juzgo, XII, iii, 27.--Fuero Real, IV, i, 1.--Partidas, VII, -xxiv, 7. In fact, these laws seem to have been a dead letter almost from -the first. I have not met with an instance of their enforcement. - -[433] Fortalicium Fidei, fol. liii-liv, lxxv-vi, clxxviii-ix. - -[434] Bernaldez, Historia de los Reyes Católicos, cap. xliii. See also -Páramo de Orig. Officii S. Inquisit., p. 134. - -Bernaldez evidently derives his details from the inquisitorial sentences -read at the autos de fe, in which these evidences of Judaism are recited -in endless repetition. - -[435] Amador de los Rios, III, 142. - -[436] Castillo, Cróníca de Enrique IV, cap. liii.--Mariana Historia de -España, Lib. XXIII, cap. vi. - -[437] Modesto Lafuente, Hist. Gen. de España, IX, 227. - -[438] Boletin, XXIII, 300-1. - -[439] Vicente Barrantes, Aparato para la Historia de Extremadura, II, -362. - -[440] Córtes de los Antiguos Reinos de Leon y de Castilla, Madrid, 1861 -_sqq._ - -[441] Archivio Vaticano. Sisto IV, Registro 679, Tom. I, fol. 52. I have -printed this bull in the American Historical Review, I, 46. - -[442] It was during Isabella's stay in Seville that, on September 2d, -she confirmed, followed by Ferdinand at Xeres, October 18, 1477, a -forged decree, ascribed to Frederic II, granting certain privileges -to the Inquisition of Sicily. This was done at the request of Filippo -de'Barbarj, subsequently Inquisitor of Sicily, then at the court, whom -both monarchs qualify as their confessor. He is said to have exercised -considerable influence with them in overcoming the opposition to the -establishment of the Inquisition in Castile. With regard to the forged -decree of Frederic II, see the author's "History of the Inquisition of -the Middle Ages," Vol. II, p. 288. - -[443] Zurita, Añales de Aragon, Lib. XX, cap. xlix. - -[444] Pulgar, Chronica, P. II, cap. lxxvii.--Bernaldez, cap. -xliii.--Medina, Vida del Cardenal Mendoza (Memorial hist. español, VI, -235). - -[445] Páramo de Orig. Offic. S. Inquis. p. 134. - -Padre Fidel Fita has pointed out the discrepancy in the dates.--Boletin, -XVI, 559. - -[446] Bernaldez, Historia de los Reyes Católicos, cap. xliii. - -[447] Páramo, p. 135.--Medina, Vida del Cardenal Mendoza (Memorial -histórico español, VI, 235). - -[448] Pulgar, Crónica, P. II, cap. clxxvii.--Pulgar (cap. iv) gives sole -credit to Isabella for the extirpation of heresy. - -[449] The proceedings of this important assembly have been printed by -Padre Fidel Fita (Boletin, XXII, 212-250). - -[450] Printed by Dom Clemencin, Elogio de Doña Isabel, pp. 595-7. - -[451] Fortalicium Fidei, Lib. II, consid. xi.--History of the -Inquisition of the Middle Ages, I, 512-13. - -[452] This bull is embodied in the first proclamation of the -inquisitors, Seville, January 2, 1481, printed by Padre Fita (Boletin, -XV, 449-52). It had previously been looked upon as lost. Its main -provisions, however, are embodied in the cédula of Dec. 27, 1480, -printed in the notes to the Novísima Recopilacion, Ed. 1805, Tom. I, p. -260. - -It is a little singular that the Inquisition possessed very few -documents relating to its early history. In an elaborate _consulta_ of -July 18, 1703, presented to Philip V on the affair of Fray Froilan Diaz, -the Suprema states that it had had all the records searched with little -result; many important papers had been sent to Aragon and Catalonia -and had never been returned; the rest were in a chest delivered to -the Count of Villalonga, secretary of Philip III, to arrange and -classify and on his arrest and the sequestration of his effects they -disappeared.--Biblioteca Nacional, Seccion de MSS., G, 61, fol. 198. - -It is quite possible that the contents of the chest form the "Bulario -de la Inquisicion perteneciente á la Orden de Santiago," consisting of -eight Libros, or folio volumes (five of originals and three of copies) -now in the Archivo Histórico Nacional. It is from this collection that -Padre Fita has printed the proclamation above alluded to and many other -important documents, and it will be seen that I have made large use of -it under the name of "_Bulario de la Orden de Santiago_." There are also -vast stores of records in the Archivo Histórico Nacional of Madrid, -in the archives of Simancas and Barcelona, and some in the Vatican -Library. Llorente burnt many papers before leaving Madrid and carried -others to Paris, some of which are in the Bibliothèque Nationale, _fonds -espagnol_. The Biblioteca Nacional of Madrid also has a large number and -others are dispersed through the various libraries of Europe or are in -private hands. - -[453] See his brief of January 29, 1482, printed by Llorente, Historia -Crítica, Append. n. 1. - -[454] History of the Inquisition of the Middle Ages, I, 331. - -[455] Archivo General de la Corona de Aragon, Reg. 3684, fol. 1. See -Appendix. - -[456] Fidel Fita, Boletin, XVI, 452.--Llorente, Hist. Crít. cap. V, art. -ii.--Relacion histórica de la Judería de Sevilla, p. 22 (Sevilla, 1849). - -[457] Boletin, XV, 453-7. This was fairly within the rules of the -canon law but it did not put an end to the sheltering of fugitives -from the Inquisition by nobles who doubtless found it profitable. In -some instructions issued by Torquemada, December 6, 1484, there is -one regulating the relations between such nobles and the receiver of -confiscations.--Archivo de Simancas, Inquisicion, Libro 933. - -[458] Bernaldez, cap. xliv. The castle of Triana continued to be the -seat of the Inquisition of Seville until 1626, when it was threatened -with ruin by the inundations of the Guadalquivir, and the tribunal -was removed to the palace of the Caballeros Tellos Taveros in the -Colacion de San Marcos. In 1639 it returned to the castle, which had -been repaired and it remained there until 1789, when the continual -encroachment of_the river caused its transfer to the Colegio known as -las Becas.--Varflora, Compendio histórico-descriptivo de Sevilla, P. II, -cap. 1 (Sevilla, 1789).--Zuñiga, Annales de Sevilla, año 1693, n. 1. - -The Counts of San Lucar were hereditary alcaides of Triana; in return -for surrendering the castle they received the office of alguazil mayor -of the Inquisition, which continued to be held by their representatives -the Marquises of Leganes--a bargain which was ratified by Philip IV, -November 8, 1634. In 1707 the office was valued at 150,000 maravedís a -year, out of which the holder provided a deputy.--Archivo de Simancas, -Inquisicion, Legajo 1465, fol. 105. - -[459] Amador de los Rios, III, 247-8.--Bernaldez, cap. xliii.--Fidel -Fita, Boletin, XVI, 450 _sqq._, 557 _sqq._ - -As the parricide committed by the Fermosa Fembra entailed poverty and -disgrace on her, through the confiscation of her father's property and -the disabilities inflicted on his descendants, the Church interested -itself in her fate. Rainaldo Romero, Bishop of Tiberias, secured for -her entrance into a convent, but it can readily be understood that life -there was not rendered pleasant to her and she quitted it, without -taking the vows, to follow a career of shame. Her beauty disappeared and -she died in want, leaving directions that her skull should be placed as -a warning over the door of the house which had been the scene of her -disorderly life. Her wishes were obeyed and it is still to be seen in -the Calle del Artaud, near its entrance, hard by the Alcázar.--Amador de -los Rios, III, 249. - -[460] Bernaldez, cap. xliv. Rodrigo tells us (Hist. verdadera de la -Inquisicion, II, 74-6) that only five were burnt who refused all offers -of reconciliation and were impenitent to the last, but the contemporary -Bernaldez says that Diego de Susan died as a good Christian in the -second auto. - -[461] Bernaldez, cap. xliv.--Amador de los Rios, III, 250.--Field's Old -Spain and New Spain, p. 279. - -The remark of the good Cura de los Palacios in describing the -_quemadero_ is "en que los quemaban y fasta que haya heregía los -quemarán." The cost of the four statues was defrayed by a gentleman -named Mesa, whose zeal won for him the position of familiar of the Holy -Office and receiver of confiscations. He was, however, discovered to -be a Judaizer and was himself burnt on the _quemadero_ which he had -adorned.--Rodrigo, II, 79-80. - -[462] Bernaldez, cap. xliv. - -[463] Llorente, Añales de la Inquisicion, I, 44. - -[464] Amador de los Rios, III, 252. Rodrigo (Hist. Verdad. II, 76) -states that the first act of the inquisitors was the issue of the -proclamation of the Term of Grace on January 2d, but this is scarce -consistent with the narrative of Bernaldez. - -[465] Bernaldez, cap. xliv. - -[466] Páramo, p. 136.--Boletin, XV, 462. - -[466a] It is very questionable whether a tribunal was established -at Segovia thus early. Colmenares (Hist. de Segovia, cap. xxxiv, § -18) asserts it positively, but the only tribunals represented in -the assembly of organization, held in November, 1484, were Seville, -Córdova, Jaen and Ciudad-Real. There was at first some resistance at -Segovia on the part of the bishop, Juan Arias Dávila, who was of Jewish -descent.--Bergenroth, Calendar of Spanish State Papers, I, xlv. - -In Ciudad-Real, the earliest inquisitors, in 1483, were the Licentiate -Pedro Díaz de la Costana and the Doctor Francisco de la Fuente -(Archivo hist. nacional, Inquisicion de Toledo, Legajo 154, n. 375). -Neither of these was a Dominican and the latter subsequently became an -inquisitor-general and bishop successively of Avila and of Córdova. - -In Córdova the Inquisition was established in 1482, with four -inquisitors--the Bachilleres Anton Rúiz de Morales and Alvar González -de Capillas, Doctor Pedro Martínez de Barrio, and Fray Martin Cazo, -Guardian of the Franciscan convent. The first auto de fe was celebrated -in 1483, when one of the victims was the concubine of the treasurer of -the cathedral, Pedro Fernández de Alcaudete, who himself was burnt on -February 28, 1484. His servants resisted his arrest and in the fray the -alguazil of the Inquisition was killed.--Matute y Luquin, Autos de Fe de -Córdova, pp. 1-2 (Córdova, 1839). - -[467] "En publica forma e se avia fecho en esta dicha ciudad por el -Doctor Thomás, juez delegado e inquisidor deputado por el reverendisimo -señor Don Alfonso Carrillo, arzobispo que fué deste dicho arzobispado -de Toledo."--Arch. hist. nacional, Inq. de Toledo, Legajos 139, n. 145; -143, n. 196. - -[468] Ibidem, Legajos 139, n. 145; 154, n. 356, 375. - -[469] Archivo hist. nacional, Inquisicion de Toledo, Legajo 262. - -[470] Páramo, p. 170.--Padre Fidel Fita has compiled a chronological -list of the trials at Ciudad-Real preserved in the Archivo Hist. -Nacional (Boletin, XI, 311 _sqq._). These are included in the _Catálogo -de las Causas contra la Fe seguidas ante el Tribunal del Santo Oficio de -Toledo_, by D. Miguel Gómez del Campillo (Madrid, 1903). - -[471] Relacion de la Inquisicion Toledana (Boletin, XI, 293). - -[472] Relacion de la Inquisicion Toledana (Boletin, XI, 293-4).--Arch. -Gen. de la Corona de Aragon, Reg. 3864, fol. 31.--Graetz, Geschichte der -Juden, VIII, 323.--Pulgar, Crónica, P. III, cap. 100. - -Legally, Jews were not allowed to testify against Christians and the -prohibition to receive such evidence was emphatically included in the -ferocious bull of Nicholas V, in 1447, but, as we shall see, in the -Inquisition, all accusing witnesses, however infamous, were welcomed. - -How distasteful Ferdinand knew would be the work prescribed to the -Aragonese magistracy is seen by his imperious command that it must be -done--"e por cosa del mundo no fagais lo contrario ni recusais de lo -facer porque nos seria tan molesto que no lo podriamos con paciencia -tolerar." - -[473] Relacion de la Inquisicion Toledana (Boletin, XI, 295-6). - -In 1629 a well-informed writer tells us that many of those who came -forward and thus accused themselves were in reality good Christians, -who, in the time while Jews were yet tolerated, had associated with -them in their synagogues and weddings and funerals and had bought meat -of their butchers. Terrified at the proceedings of the Inquisition they -came and confessed and were reconciled, thus casting an indelible stain -on their posterity when the records of the tribunals were searched and -their names were found.--Tratado de los Estatutos de Limpieza, cap. 10 -(Bibl. Nac. Seccion de MSS. Q, 418). - -[474] Relacion (Ibid. pp. 292 _sqq._, 297, 299, 301-2, 303). - -In the closing years of the fifteenth century and the opening ones -of the sixteenth there seems to have been a special raid made on -Guadalajara. In a list of cases of that period I find 965 credited to -that place.--Arch. Hist. Nacional, Inq. de Toledo, Leg. 262, n. 1. - -[475] Páramo, pp. 138-9.--Fidel Fita in Boletin, XXIII, 284 -_sqq._--Archivo de Simancas, Inquisicion, Libro 939, fol. 108. - -[476] Toledo, Cronicon de Valladolid (Coleccion de Documentos ineditos, -XIII, 176, 179).--Pulgar, Chron. P. III, cap. 100. - -[477] Archivo de Simancas, Inquisicion, Libro I. Unfortunately my copy -of this important volume and also of Libro 933 are not folioed. The -dates of the documents however will sufficiently guide the investigator -desirous of verifying the references. - -[478] A list of these, made in the last century, is printed by Padre -Fidel Fita (Boletin, XV, 332). It is probably not wholly complete. Of -later date than 1500 there are ten _reconciliados_--one each in 1509 and -1516 and eight in 1629--sent thither by the tribunals in which they were -tried. - -Further details as to the organization of the various tribunals will be -found in the Appendix. - -[479] Colmenares, Hist. de Segovia, cap. xxxv, § 18.--Garibay, Compendio -Historial, Lib. XVIII, cap. 16. - -[480] Páramo, p. 137.--Llorente, Añales, I, 73.--Zurita, Añales, Lib. -XX, cap. xlix--Instruciones de Sevilla, 1484, Prólogo (Arguello, fol. -2).--Archivo de Alcalá, Estado, Legajo 2843. - -In the conference of Seville in 1484, besides the inquisitors and the -members of the Council there are mentioned as present Juan Gutiérrez -de Lachaves, and Tristan de Medina, whom Llorente (Añales, I, 74) -conjectures to have been assistants of Torquemada. - -[481] Folch de Cardona, in the Consulta of the Suprema to Philip V, -July 18, 1703, states that the earliest bull in the archives was one of -Sixtus IV in 1483 appointing Torquemada inquisitor-general with power to -deputize inquisitors and to hear cases in the first instance. It was not -till 1486 that Innocent VIII granted him appellate jurisdiction.--Bibl. -Nacional, Seccion de MSS., G, 61, fol. 199. - -The title of Inquisitor-general was not immediately invented. In a -sentence pronounced at Ciudad-Real, March 15, 1485, Torquemada is styled -simply "juez principal ynquisidor."--Arch. Hist. Nac. Inq. de Toledo, -Legajo 165, n. 551. - -[482] Ripoll Bullar. Ord. FF. Prædic. III, 630; IV, 125. Yet modern -apologists do not hesitate to argue that the papacy sought to mitigate -the severity of the Spanish Inquisition (Gams, Zur Geschichte der -spanischen Staatsinquisition, pp. 20-1; Hefele, Der Cardinal Ximenes, p. -269; Pastor, Geschichte der Päpste, II, 582), basing their assertions on -the eagerness of the curia to entertain appeals, of which more hereafter. - -[483] Archivo de Simancas, Patronato Real, Inquisicion, Legajo único, -fol. 28. -anll, IV, 126. - -[486] Páramo, p. 156. - -[487] Arch. Gen. de la Corona de Aragon, Reg. 3486, fol. 45.--Páramo, p. -137. - -[488] Bulario de la Orden de Santiago, Lib. I de copias, fol. 6, 8.--"ad -nostrum et dictæ sedis beneplacitum." - -The original appointments of Miguel de Morillo and Juan de San Martin -were similarly _ad beneplacitum_ (Ibid. fol. 10), which may perhaps -explain their assertion of independence of Torquemada. - -[489] Ibid. fol. 3, 11, 13, 15, 20; Lib. IV, fol. 91, 118, 137; Lib. V, -fol. 117, 136, 138, 151, 199, 200, 251, 264, 295.--Archivo de Alcalá, -Hacienda, Leg. 1049. - -[490] Instruciones de Sevilla (Arguello, Copilacion de las Instruciones, -fol. 2, Madrid, 1630). - -[491] Páramo, p. 156. - -[492] Bulario de la Orden de Santiago, Lib. I de copias, fol. 8, -10.--Monteiro, Historia da Inquisiçaõ, II, 415.--Boletin, XV, -490.--Ripoll IV, 5, 6. - -Somewhat similar was the question which arose, in 1507, on the -retirement of Diego Deza and the appointment of Ximenes as -inquisitor-general of Castile. His commission as usual contained the -power of appointing and removing or punishing all subordinates, but -those who derived their commissions from Deza seem to have claimed -that they were not amenable to Ximenes and it required a special brief -from Julius II, August 18, 1509, to establish his authority over -them.--Bulario, Lib. III, fol. 68; Lib. I de copias, fol. 30. - -[493] Llorente, Añales, I, 214.--Francisco de la Fuente, as we have seen -was inquisitor of Ciudad-Real as early as 1483. Alonso de Fuentelsaz -in 1487 was one of the inquisitors of Toledo and was then merely a -doctor.--Arch. hist. nacional, Inq. de Toledo, Leg. 176, n. 673. - -[494] Archivo de Simancas, Inquisicion, Libro 933.--"Inquisitores -generales in omnibus regnis et dominiis serenissimorum regis et reginæ -dominorum nostrorum subdelegati a reverendissimo patre nostro fratre -Thoma de Torquemada ... inquisitore generali." - -Yet we have the commission of Martin of Messina, in 1494, issued -directly by the pope.--Bulario, Lib. I de copias, fol. 3. - -[495] Archivo de Simancas, Inquisicion, Lib. I.--Arguello, fol. -12.--Marieta, Hist. Ecles. Lib. XII, cap. xcii. - -Torquemada was buried in a chapel of the church of his convent of -Santo Tomás in Avila. In 1572 the body was removed to another chapel -to make room for the interment of Francisco de Soto de Salazar, Bishop -of Salamanca, when it gave forth a supernatural odor of delicious -sweetness, greatly confusing to those engaged in the sacrilegious task. -The Dominican provincial punished the authors of the translation and -the historian Garibay petitioned the Inquisitor-general Quiroga to have -the remains restored to their original resting-place, which was done in -1586.--Memorias de Garibay, Tit. X (Mem. hist. esp. VII, 393). - -An anonymous biographer, writing in 1655, tells us that he retired to -the convent of Avila two years before his death, Sept. 26, 1498 and -that he has always there been reputed as a saint.--Biblioteca Nacional, -Seccion de MSS., Ii, 16. - -[496] Arch. de Simancas, Patronato Real, Inquisicion, Legajo único, fol. -22.--Bulario de la Orden de Santiago, Lib. I, fol. 136. - -[497] Bulario de la Orden de Santiago, Lib. I de copias, fol. 11, 12. - -[498] Archivo de Simancas, Inquisicion, Lib. I. - -[499] Ibid. Lib. I; Lib. II, fol. 35. - -[500] Correspondence of Francisco de Rojas (Boletin, XXVIII, 462). - -[501] Bulario de la Orden de Santiago, Lib. I de copias, fol. 13, 15. - -[502] Ibid. fol. 20, 72.--Gachard, Correspondance de Charles-Quint et -d'Adrien VI, p. 235. - -[503] Páramo, p. 137. - -[504] Pulgar, Crónica, P. III, cap. c.--Archivo General de Simancas, -Inquisicion, Libro 933. - -[505] Inquisitor-general Manrique caused the _Instruciones Antiguas_ -to be printed collectively, with a supplement classifying the several -articles under the head of the officials whose duties they defined. This -was issued in Seville in 1537 and a copy is preserved in the Bodleian -Library, Arch. Seld. A. Subt. 15. Another edition was issued in Madrid -in 1576, a copy of which is in the Biblioteca Nacional of Madrid, -Seccion de MSS. S, 299, fol. 1. It was reprinted again in Madrid, in -1627 and 1630, together with the _Instruciones Nuevas_, by Caspar Isidro -de Arguello. It is to this last edition that my references will be made. -All these texts vary in some particulars from the originals preserved in -the Simancas Archives, Inquisicion, Libro 933. Where such deviations are -of importance they will be noted hereafter. Professor Ernst Schäfer has -performed the service of reprinting the Arguello edition, with a German -translation, in the _Archiv für Reformationsgeschichte_,1904. - -Llorente (Hist. Crít. cap. VI, art. 1) has given an abstract of the -_Instruciones Antiguas_. Curiously enough, in none of the official -collections are included the instructions issued by Torquemada in -December, 1484, and January, 1485, except in a few extracts. As they -have never been printed I give them in the Appendix, together with the -1500 Instructions of Seville, which are likewise for the most part -inedited. What Llorente printed as Torquemada's additions (Añales, I, -388) are merely the extracts gathered from Arguello's compilation, where -they are credited to _El prior en Sevilla_, 1485. - -[506] See the oath taken, July 20, 1487, by the officials of Catalonia -and Barcelona to the inquisitor Alonso de Spina in Carbonell's _De -Gestis Hæreticorum_ (Coleccion de Documentos de la Corona de Aragon, -XXVIII, 6). - -The decretals in question were issued by Lucius III, Innocent III, -Clement IV and Boniface VIII, and are embodied in the canon law as Cap. -9 and 13 Extra, Lib. V, Tit. vii and Cap. 11 and 18 in Sexto Lib. V, -Tit. ii. - -When, in 1510, the jurats of Palermo made difficulties in taking the -canonical oath, Ferdinand indignantly wrote that he would take it -himself if required.--Arch. de Simancas, Inquisicion, Lib. III, fol. 134. - -[507] Instruciones de Sevilla, § 1 (Arguello, fol. 3). - -[508] Páramo, p. 170. - -[509] Carbonell de Gestis Hæreticorum (Coleccion de Documentos de la -Corona de Aragon, XXVIII, 12-17, 29, 40-49, 54-61). In these latter -cases there is no distinction recorded between the fugitive and the -dead, which would modify somewhat the proportions. - -[510] Manuel de Novells Ardits, vulgarment appelat Dietari del Antich -Consell Barceloni, III, 58 (Barcelona, 1894). - -[511] Archivo de Simancas, Inquisicion, Libro 933. - -[512] Archivo de Simancas, Inquisicion, Libro 1. By a letter of February -22, 1501, Ferdinand and Isabella congratulate the inquisitors on their -action in such cases; if other New Christians assert that they had been -converted by force justice is to be executed on them. - -In 1511 a ship belonging to Caspar de la Cavallería of Naples was seized -in Barcelona. The master, Francisco de Santa Cruz, hurried to the court -at Seville, where the inquisitor-general Enguera condemned the vessel -and he gave security in its full value. Meanwhile the receiver of -confiscations at Barcelona sold it without waiting for its condemnation, -whereupon Ferdinand ordered the money returned and the vessel taken -back.--Ibidem, Lib. III, fol. 139. - -[513] Ibidem, Lib. I. - -[514] Boletin, XV, 323. - -[515] Archivo de Simancas, Inquisicion, Libro 939, fol. 62, 146. - -[516] Ibidem, Libro I. - -[517] Ibidem, Lib. II, fol. 17. - -[518] Archivo de Simancas, Inquisicion, Lib. III, fol. 42. This letter -is dated Dec. 22, 1509. It is duplicated January 19, 1510 (Ibid. -fol. 48). Seven of the Duke's officials had been summoned to appear -before the Suprema and had disregarded the order, which was repeated -January 21st under pain of confiscation and punishment at the royal -pleasure.--Ibid. fol. 57. - -[519] Ibidem, Libro 73, fol. 115. - -[520] Archivo de Simancas, Inquisicion, Libro I. - -[521] Archivo de Simancas, Inquisicion, Lib. I. - -[522] Ibidem, Lib. III, fol. 221. - -[523] Ibidem, Lib. III, fol. 22. - -[524] Ibidem, Lib. III, fol. 193, 214. - -[525] Archivo de Simancas, l'atronato real; Inquisicion, Legajo único, -fol. 37. - -[526] Informe de Quesada (Biblioteca nacional, Section de MSS., T, 28). - -[527] Archivo de Simancas, Inquisicion, Libro I. - -[528] Archivo de Simancas, Inquisicion, Libro I. - -The redistribution of offices may be reckoned among the influences which -reconciled the Old Christians to the Inquisition. These had been largely -in the hands of Conversos, causing so much jealousy that the prospect -of acquiring them led numbers of aspirants to wish for the sharpest and -speediest action. It was too slow for their eagerness and expectative -grants were sought for and made in advance so as to profit by the next -victim. The vacancies passed into the hands of the receivers and were -distributed by the sovereigns as favor or policy might dictate. See -Appendix for suggestive extracts from the register of the receiver of -Valencia. - -A significant case is that of Juan Cardona, public scrivener and notary -of mortmains, who became disqualified by the condemnation of the memory -of his father, Leonardo Cardona, whereupon Ferdinand treated his offices -as confiscated and, by cédula of December 5, 1511, bestowed them on Juan -Argent, notary of the tribunal which had rendered the sentence.--Archivo -de Simancas, Inquisicion, Libro III, fol. 33, 161. - -[529] Archivo de Simancas, Inquisicion, Libro I. - -[530] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, fol. -46.--Juan Gomez Bravo, Catálogo de los Obispos de Córdova, I, 392. - -In 1513 an attempt was made to review the trial of the parents and son, -when Ferdinand summoned the Royal Council to sit with the Suprema in -the case showing his determination that the sentence should not be set -aside (Archivo de Simancas, Inq., Libro 9, fol. 146). The effort to -obtain justice was unsuccessful for, in 1515, we happen to find Calcena -in possession of a house renting at 9000 mrs. per annum which had formed -part of the confiscation (Ibid., Libro 3, fol. 439). - -[531] Epistt. Pet. Mart. Anglerii, Epist. 374.--Zurita, Hist. del Rey -Hernando, Lib. VII, cap. xxix.--Rodrigo, Hist. verdadera, II, 238. Cf. -Lorenzo de Padilla, Crónica de Felipe I (Coleccion de Documentos, VIII, -153). - -[532] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, fol. -46. - -[533] Epistt. Pet. Mart., Epist. 385. - -[534] Archivo de la Catedral de Córdova, Cajon I, n. 300; Cajon J, n. -295, 296. - -[535] Boletin, XVII, 447-51. - -[536] Archivo de la Catedral de Córdova, Cajon I, n. 304. - -[537] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, fol. -46.--Zurita, Hist. del Rey Hernando, Lib. VII, cap. xxix. - -[538] Coleccion de Documentos, VIII, 336, 337.--Gachard, Voyages des -Souverains, I, 519. - -[539] Archivo de Simancas, Gracia y Justicia, Inquisicion, Leg. 621, -fol. 198.--Biblioteca nacional, Seccion de MSS., D, 118, n. 11, fol. -24.--Llorente, Añales, I, 328.--Gachard, Voyages des Souverains, I, 548. - -[540] Clemencin, Elogio de la Reina Isabel, pp. 144-5.--Pedraza, Hist. -de Granada, P. IV, cap. xxxi (Granada, 1638). - -[541] Archivo de la Catedral de Córdova, Cajon J, n. 297. - -[542] Pet. Mart. Angler. Epist. 295. - -[543] Llorente, Hist. crít. Append. n. 9.--Correspondence of Rojas -(Boletin, XXVIII, 448). - -[544] Dom Clemencin (Elogio, Illust. XVIII) prints a noble and touching -letter of reproof from Talavera to Ferdinand. He had had the direction -of royal consciences too long to feel awe of royal personages. -Spiritually he felt himself the king's superior and his perfectly frank -simplicity of character led him to manifest this without disguise. - -[545] Correspondence of Rojas (Boletin, XVIII, 444, 448).--Gachard, -Voyages des Souverains, I, 534, 540. - -[546] Correspondence of Rojas (Boletin, XVIII, 452). - -The story of Queen Juana la loca is one of the saddest in the annals of -royalty and her treatment by her father, husband and son is a libel on -human nature, but no one who has impartially examined all the evidence -can doubt that she was incapable of governing. - -[547] Archivo de la Catedral de Córdova, Cajon A, n. 5. - -[548] Zurita, Hist. del Rey Hernando, Lib. VII, cap. vi. - -[549] Archivo de la Catedral de Córdova, Cajon I, n. 302. - -[550] Ibidem, n. 300. - -[551] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, fol. -46. - -[552] Archivo de la Catedral de Córdova, Cajon J, n. 295, 298.--Archivo -de Simancas, Patronato Real, Inquisicion, Leg. único, fol. 46. - -[553] Archivo de la Catedral de Córdova, Cajon I, n. 301. - -[554] Lorenzo de Padilla, Crónica de Felipe I (Coleccion de Documentos, -VIII, 153).--Archivo de Simancas, Patronato Real, Inquisicion, Leg. -único, fol. 46. - -[555] Archivo de la Catedral de Córdova, Cajon I, n. 301.--Archivo de -Simancas, _loc. cit._ - -[556] Archivo de la Catedral de Córdova, Cajon A, n. 5; Cajon I, n. 304. - -[557] Bulario de la Orden de Santiago, Lib. III, fol. 320.--See Appendix. - -[558] Pet. Mart. Epistt., 333, 334, 335. - -[559] Pedraza, Hist. eccles. de Granada, P. IV, cap. 31-34. - -[560] Pet. Mart. Epistt., 342, 344, 457.--Pedraza, _loc. cit._ - -The Inquisition which had hunted him to the death could never forgive -him for his escape. When, in 1559, Inquisitor-general Valdés compiled -the first Index of prohibited books, a long-forgotten controversial -tract against the Jews, printed by Talavera in 1480, was resuscitated -and condemned in order to cast a slur upon his memory and this was -carefully preserved through the long series of Spanish Indexes down -to the last one in 1790.--Reusch, Die Indices Libror. Prohib., p. -232.--Indice Ultimo, p. 262. - -[561] Zurita, Hist. del Rey Hernando, Lib. VII, cap. xxix, xxxiv, xlii; -Lib. VIII, cap. i, v.--Villa, La Reina Juana, pp. 462, 463. - -Zurita, who, as an official of the Suprema, no doubt reflects the -tradition of the Inquisition, says that many murmured at seeing -Ferdinand, to win over Ximenes, sacrifice Deza, for the latter was a -most notable prelate, a man of great learning and devoted to the king's -service. He has claims too on our respect as the patron of Columbus, -befriending and encouraging him when disheartened by the incredulity of -the court.--Irving's Life and Voyages of Columbus, Book II, Chap. 3, 4; -Book XVIII, Chap 3. - -[562] Correspondence of Rojas (Boletin, XXVIII, 440, 457).--Ciacconii et -Oldoini Vit. Pontif. III, 261. - -[563] Gomesii de Rebus gestis Francisci Ximenii, fol. 77 (Compluti, -1569). - -[564] Pet. Mart. Epist., 339. - -[565] Archivo de la Catedral de Toledo, Cajon I, n. 303. - -[566] Biblioteca nacional, Seccion de MSS., G, 61, fol. 208. - -The Licenciado Ortuño Ibañez de Aguirre was a layman whom Ferdinand -forced into the Suprema against the earnest resistance of its members, -probably with the view of screening Lucero. He was the _âme damnée_ -of Ferdinand who corresponded with him confidentially when he wanted -anything done. His fidelity was stimulated with favors, as when in -December, 1513, Ferdinand gave him an order on the receiver of Seville -for 300,000 mrs. (Archivo de Simancas, Inquisicion, Lib. 9, fol. 145). -Las Casas, however, expresses a favorable opinion of him and he was one -of the executors of Isabella's testament.--Hist. de las Indias, Lib. -III, cap. 138 (Coleccion de Documentos, LXVI, 81). - -[567] Pet. Mart. Epistt., 370, 382, 385. - -[568] In contrast with these spectacular proceedings was the removal, -by the inquisitor-general in 1500, without even stating the reasons, -of Diego Fernández de Bonilla, Inquisitor of Extremadura.--Llorente, -Añales, I, 260. - -[569] Pet. Mart. Epist., 393.--Llorente, Memoria histórica, p. 145 -(Madrid, 1812).--Llorente, Añales, I, 356.--Gomesii de Rebus F. Ximenii, -fol. 77.--Lorenzo de Padilla (Coleccion de Documentos, VIII, 154). - -Llorente's account of the proceedings at Valladolid is drawn from -Bravo's "Catálogo de los Obispos de Córdova" (Córdova, 1778). It is -perhaps worth remarking that, in my copy of that work, the sheet -containing these passages is lacking--probably owing to inquisitorial -censorship. - -[570] Archivo de Simancas, Inquisicion, Libro 3, fol. 12, 13, 21, 31, -32, 33, 41, 42, 43, 48, 58, 61, 62, 72, 80, 86, 130; Lib. 9, fol. 146; -Patronato Real, Inquisicion, Leg. único, fol. 33. - -[571] Ibidem, Libro 3, fol. 23. - -[572] Archivo de Simancas, Inquisicion, Libro 3, fol. 84. - -[573] Ibidem, fol. 90, 106, 118, 119, 375.--Gomesii de Rebus Ximanii, -fol. 77. - -[574] Archivo de Simancas, Inquisicion, Libro 9, fol. 26. - -[575] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, fol. -43. - -[576] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, fol. -43. - -[577] Ibidem, fol. 44, 45. - -[578] Archivo de Simancas, Inquisicion, Libro 3, fol. 47, 49, 63, 70, -329, 407. - -[579] Mariana, Hist. de España, T. IX, Append. p. lvi (Valencia, 1796). - -[580] Gomesii de Rebus Fr. Ximenii, fol. 173.--Cartas de Jimenez, p. 190 -(Madrid, 1867). - -[581] Archivo de Simancas, Inquisicion, Libro 3, fol. 448; Libro 4, fol. -143, 152; Libro 9, _passim_; Libro 926, fol. 76, 166; Libro 940, fol. 59. - -[582] Bergenroth, Spanish State Papers, II, 281.--Cartas de los -Secretarios de Cisneros, p. 209 (Madrid, 1876). - -[583] Archivo de Simancas, Inquisicion, Libro 13, fol. 68. - -[584] Ibidem, Libro 21, fol. 111. - -[585] Llorente, Añales, II, 94.--Cartas del Cardenal Jimenez, p. -115.--Gachard, Correspondance de Charles-Quint avec Adrian VI, p. 235 -(Bruxelles 1859). - -[586] Archivo de Simancas, Inquisicion, Libro 921, fol. 38. - -[587] Ibidem, Libro 4, fol. 95; Libro 921, fol. 46. - -[588] Ibidem, Libro 5, fol. 17. - -[589] Ibidem, Libro 10, fol. 50. - -[590] Córtes de los antiguos Reinos de Leon y de Castilla, IV, 272. - -[591] Pet. Mart. Epistt., 620, 622. - -Las Casas however gives to le Sauvage the highest character for -intelligence and rectitude. He also speaks highly of Gattinara.--Hist. -de las Indias, Lib. III, cap. 99, 103, 130 (Coleccion de Documentos, -LXV, 366, 388; LXVI, 35). - -[592] Archivo de Simancas, Inquisicion, Libro 13, fol. 68-73. - -[593] C. v. Höfler, Papst Adrian VI, p. 144 (Wien, 1880). - -[594] This it rather assumed than expressed in Part. VII, Tit. xxvi, ley -3 - -[595] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, fol. -49. See Appendix. - -[596] Colmeiro, Córtes de los antiguos Reinos de Leon y Castilla, II, -110 (Madrid, 1884). - -[597] Archivo de Simancas, Inquisicion, Libro 5, fol. 24. - -[598] From the Brussels Archives de l'État, Registre sur le faict -des hérésies et inquisiteurs, fol. 652. Kindly communicated to me by -Professor Paul Fredericq. - -[599] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, fol. -35. - -[600] Biblioteca pública de Toledo, Sala 5, Estante 11, Tabla 3.--See -also Padre Fidel Fita in Boletin, XXXIII, 307. - -[601] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, fol. -55.--See Appendix. - -[602] Córtes de los antiguos Reinos de Leon y de Castilla, IV, 381, 415. - -[603] Mariana, Hist, de España, Lib. XXX, cap. xxiv.--Galindez Carvajal, -Memorial, ann. 1515 (Col. de Doc. XVIII, 336) - -[604] Archivo de Simancas, Inquisicion, Libro 3, fol. 199, 200, 256, -259, 263, 267, 268, 271, 299, 311, 337, 339, 341, 344, 348, 352, 353, -354, 368, 392, 438, 449; Libro 72, P. 1, fol. 49, P. 2, fol. 47; Libro -73, fol. 193, 276; Libro 74, fol. 116; Libro 75, fol. 6. - -[605] Ibid. Libro 72, P. 2, fol. 116; Libro 73, fol. 142, 247-8; Libro -78, fol. 216, 226, 285; Libro 82, fol. 5. - -[606] Relazioni Venete, Serie I, T. V, p. 85. - -This is virtually the same as the formula given by Antonio Pérez in -his _Relaciones_, written in 1598: "Nos que valemos tanto como vos os -hazemos nuestro Rey y Señor con tal que nos guardeys nuestros fueros y -libertades y sino No!" (Obras, Ed. 1654, p. 163). The learned Javier -de Quinto (Discursos políticos, Madrid, 1848) had not seen Soranzo's -statement when he proved that this formula was invented by Hotman in -his _Franco Gallia_, first printed in 1573. On the other hand there is -nothing of the kind in the oath of allegiance taken to Charles V in -1518, though he was obliged first to swear to observe the fueros and -privileges of the land.--Argensola, Añales de Aragon, Lib. 1, cap. lx. - -A good account of the ancient constitution of Aragon will be found in -Swift's "Life and Times of James the First, King of Aragon," London, -1894. - -[607] Monteiro, Historia da Santa Inquisiçaõ, II, 340. - -[608] Archivio Vaticano, Sisto IV, Registro 674, T. XV, fol. 13. - -Even in the dormant condition of the Inquisition, there must have been -some opportunities rendering the office of inquisitor desirable. A -brief of Sixtus IV, Jan. 21, 1479 (Ripoll, III, 572), to the Dominican -General, recites that his predecessor had appointed, some years -previously, Jaime Borell as inquisitor of Valencia, who had recently -been removed without cause by Miguel de Mariello, Provincial of Aragon, -and replaced by Juan Marques. Sixtus now orders Marques ejected and -Borell restored. Neither of these names appear in the documents of the -period. - -[609] Archivo general de la Corona de Aragon, Registro 3684, fol. 7, 8. - -[610] Eymeric. Direct. Inquis. P. III, Q. cviii. - -[611] Arch. Gen. de la C. de A., Reg. 3684, fol. 9. This quaint document -shows us the primitive organization of a tribunal and the salaries -regarded as ample. There are apparently two clerical errors which -balance each other, in the salaries of the inquisitors and scrivener. - -"La forma infra sequent es la voluntat nostra ques tenga en la solucio -e paga dels salaris dels officials e treballants en la officio de la -Inquisicio. - -E primerament á cascu dels inquisidors que son dos, cent quaranta -lliures cascun any que sumen CLXXX llrs. Item á un bon jurista que sia -advocat dels inquisidors e advocat fiscal, cinquanta lliures lany L -llrs. Item al procurador fiscal vint e cinch lliures lany XXV llrs. -Item al scriva de la inquisicio doscentes lliures lany CC llrs. Item al -alguacil et al sag cent e vint lliures CXX llrs. Item al porter que va -citant vint lliures lany XX llrs. Item á Dominguez que reeb los actos de -las confiscacions XXV llrs. - -Que sumen tots les dits quantitats sex cent vint lliures moneda reals de -Valencia, los quals e no mas es nostra voluntat que en la forma dessus -dita se paguen á les sobredits persones. Dada en la vila de Medina del -Campo á XVII dias de febrer del any de la nativitat de nostro senyor -MCCCCLXXXII. Yo el Rey. Domínus Rex mandavit mihi Petro Camanyas." - -[612] Printed by Llorente, Hist. crít. Append. 1. - -[613] Arch. Gen. de la C. de A., Reg. 3684, fol. 3, 4. - -[614] Ibidem, fol. 1, 2, 4, 5. - -[615] Arch. Gen. de la C. de A., Reg. 3684, fol. 7, 8. - -[616] Archivio Vaticano: Sisto IV, Regestro 674, T. XV, fol. 366. - -As Llorente states (Hist. crít. Append, n. 2) that the contents of this -bull are unknown and as ignorance of its purport has wholly misled him, -I give it in the Appendix. - -[617] Archivo Gen. de la C. de A., Reg. 3684, fol. 9.--It is significant -that in the papal register there is a note appended to this bull -"Duplicata sub eadem data et scripta per eundem scriptorem et taxata ad -XXX" [grossos?], showing that an authentic copy was obtained and paid -for at the time by some one, doubtless to provide against accident or -fraud. - -[618] Arch. Gen. de la C. de A., Reg. 3684, fol. 7. See Appendix. -Bergenroth (Calendar of Spanish State Papers, I, xliv) gives an -incorrect extract from it. - -[619] Arch. Gen. de la C. de A., Reg. 3684, fol. 8, 9. - -[620] Llorente, Hist. crít. Append. n. 2.--Fidel Fita (Boletin, XV, 467). - -[621] Ripoll, III, 622.--When Innocent VIII, by letters of February 11, -1486, confirmed or reappointed Torquemada, the qualification of his -appointees was modified by requiring them to be fitting ecclesiastics, -learned and God-fearing, provided that they were masters in theology or -doctors or licentiates of laws or canons of cathedrals or holding other -church dignities.--Páramo, p. 137. - -Ferdinand, July 9, 1485, had requested that the condition of holding -grades in the church should not be insisted upon for there were few of -such who were fitted for the work.--Arch. Gen. de la C. de A., Reg. -3684, fol. 59. - -[622] Arch. Gen. de la C. de A., Reg. 3684, fol. 34.--Boletin, XV, -472.--Bulario de la Orden de Santiago, Lib. I, fol. 43. - -Zurita (Añales, XX, xlix) is evidently in error in stating that -Ferdinand, May 20, 1483, asked Sixtus to remove Gualbes and Orts. - -[623] Arch. Gen. de la C. de A., Reg. 3684, fol. 11. - -[624] Ripoll, III, 622.--Bulario de la Orden de Santiago, Lib. I, fol. -182. - -When he had no further use for Gualbes Ferdinand also turned against -him, for in March, 1486, on hearing that Gualbes proposed to visit a -Dominican convent he wrote earnestly to the Governor and Inquisitor of -Valencia to prevent it as it would be a scandal.--Arch. Gen. de la C. de -A., Reg. 3684, fol. 90. - -It is possible that there may have been some rancor on Ferdinand's part -against Gualbes who, as an eloquent preacher and fervid popular orator, -had done much, in 1461, to stimulate the resistance of the Catalans to -Juan II, after the death of the heir-apparent, Carlos Prince of Viana, -which was attributed to poison administered by Queen Juana Henríquez to -open for her son Ferdinand the path to the throne (Zurita, Añales, Lib. -XVII, cap. xxvi, xlii; Lib. XVIII, cap. xxxii). It is true that Zurita -is not certain whether there may not have been two Cristóbal Gualbes -(Lib. XX, cap. xlix) but Bofarull y Broca (Hist. de Cataluña, VI, 312) -has no such doubts. - -[625] Zurita, Añales, Lib. XX, cap. lvi, lxv. - -[626] Arch. Gen. de la C. de A., Reg. 3684, fol. 11, 12.--Bulario de la -Orden de Santiago, Lib. 1, fol. 51. - -[627] Arch. Gen. de la C. de A., Reg. 3684, fol. 19-22. - -[628] Ibidem, Reg. 3684, fol. 25, 26. - -[629] Zurita, Añales, Lib. XX, cap. lxv.--Páramo, p. 187.--Arch. Gen. de -la C. de A., Reg. 3684, fol. 34. - -[630] Arch. Gen. de la C. de A., Reg. 3684, fol. 32, 34. - -[631] Bulario de la Orden de Santiago, Libro I, fol. 31. - -[632] Arch Gen. de la C. de A., Reg. 3684, fol. 61, 73, 86, 89, 90. - -[633] Archivo de Simancas, Inquisicion, Libro 688, fol. 504. - -[634] Portocarrero, Sobre la Competencia de Jurisdicion, fol. 64 -(Madrid, 1624). - -[635] Archivo de Simancas, Inquisicion, Libro I.--Archivo hist. -nacional, Inquisicion de Valencia, Leg. 309, Notarios, fol. 1. - -[636] Escolano, Hist. del Ciudad y Reyno de Valencia, II, 1442 -(Valencia, 1611). - -[637] Archivo hist. nacional, Inquisicion de Valencia, Legajos 98, 374. - -[638] Arch. gén. de la de C. de A., Reg. 3684, fol. 16. - -To Maestre Gaspar Juglar, inquisitor 3000 sueldos. " ---- ---- ----, -inquisitor 3000 " " Maestre Pedro de Epila, inquisitor 1000 " " Micer -Martin de la Raga, assessor 1000 " " Francisco de Santa Fe, notary 2000 -" " Juan de Anchias, notary 1000 " " Ruy Sánchez de Suazo, promotor -fiscal 2500 " " Don Ramon de Mur, advocate fiscal 1000 " " Diego López, -alguazil 5000 " " Juan de Exea, receiver 1500 " - -The blank for the second inquisitor is doubtless to be filled with the -name of Maestre Martin García, who appears in a later portion of the -document classed with Arbués (Pedro de Epila). The large salary of the -alguazil arose from his bearing the charges of the prisons. The salaries -of Arbués, Raga, Mur and Anchias were to begin with May 1st, showing -that they alone were already at work. The rest were to commence on the -day on which they would swear that they left their homes. - -[639] Memoria de diversos Autos (see Appendix). - -[640] Ibidem. In this MS. he is called Maestre Julian, presumably the -error of a copyist. Lanuza (Hist. de Aragon, II, 168, 177) says that he -died in January, 1485, in the monastery of Lérida; that some asserted -that he was poisoned by the heretics and that the manner of his death -was investigated by the chapter of his convent, but that no decision -seems to have been reached. In 1646 a memorial from the authorities -of Aragon to Philip IV classes Juglar with Arbués as a martyr to the -faith.--Bibl. nacional, Seccion de MSS., Mm, 123. - -[641] Arch. gén. de la C. de A., Reg. 3684, fol. 12. - -[642] MS. Memoria (see Appendix). - -[643] Zurita, Añales, Lib. XX, cap. lxv.--Páramo, pp. 180-1. - -[644] Zurita, Añales, Lib. XX, cap. lxv. - -[645] Arch. gén. de la C. de A., Reg. 3684, fol. 28, 86. - -[646] Arch. gén. de la C. de A., Reg. 3684, fol. 29, 35. - -[647] Arch. gén. de la C. de A., Reg. 3684, fol. 12, 23, 27, 31, 35, 38, -39, 42, 47-9, 51-3, 55-8, 60, 63, 72, 98. - -In 1502, with characteristic faithlessness, the inquisitors at Teruel -proposed to collect all the debts due to the confiscated estates, but -Ferdinand intervened and sternly forbade it.--Archivo de Simancas, -Inquisicion, Libro 2, fol. 16. - -[648] Bibl. nacionale de France, fonds espagnol, 80, fol. 4. - -[649] Libro Verde de Aragon (MS., fol. 67). - -[650] Libro Verde (Revista de España, CVI, 281-2). - -[651] Zurita, Añales, Libro XX, cap. lxv. - -[652] Trasmiera, Epitome de la santa Vida y relacion de la gloriosa -muerte del Venerable Pedro de Arbués, pp. 15, 32, 50 (Madrid, -1664).--Villanueva, Viage literario, XVIII, 50. - -[653] Arch. gén. de la C. de A., Reg. 3684, fol. 37, 38. - -[654] Memoria de diversos Autos (Appendix).--Libro Verde (Revista de -España, CVI, 281-6, 288).--Raynald Annal. ann. 1485, n. 23, 24.--Zurita, -Añales, Lib. XX, cap. lxv.--Juan Gines Sepúlveda, Descriptio -Collegii Hespanorum Bononiensis.--Blancas, Aragon. Rerum Comment. p. -268.--Bibliothèque nat. de France, fonds espagnol, 80, fol. 33. - -In spite of these miracles and of innumerable others which manifested -the sanctity of Arbués, the Holy See was distinctly averse to his -canonization. A papal brief even ordered the removal from the cathedral -of the sanbenitos of the assassins and strenuous efforts were required -to procure its revocation. - -Repeated investigations were made by successive popes without result--at -the request of Charles V in 1537; of Philip III in 1604, 1615 and 1618; -of Philip IV in 1622 and 1652, until at length in 1664 he was beatified -(Trasmiera, pp. 98, 99, 133, 137, 139). The matter then rested for two -centuries until, in 1864, it was taken up again and finally, June 29, -1867, he was canonized by Pius IX (Dom. Bartolini, Comment. Actor. -Omnium Canonizationis, Romæ, 1868). - -It is significant that the Inquisition did not await the tardy action -of Rome. Instructions of the Suprema in 1603, 1623 and 1633 show that -his feast was regularly celebrated with prescribed offices (MSS. of -Royal Library of Copenhagen, 218^{b}, p. 257) and, during the 17th and -18th centuries, he is constantly spoken of, in the documents of the -Inquisition relating to the feast, as San Pedro Arbués. - -[655] Memoria de diversos Autos, Auto 25 (Appendix). - -[656] Zurita, _loc. cit._ - -[657] Memoria, _loc. cit._ - -[658] Gams, Zur Geschichte der spanischen Staatsinquisition, p. -34.--Bibl. nationale de France, fonds espagnol, 81. - -[659] This brief is printed in the Boletin, XVI, 368 by Padre Fidel -Fita, who is in error in assuming its obedience in France from the case -of Juan de Pedro Sánchez, reported in an essay of mine on the Martyrdom -of Arbués. This was merely an instance of friendly co-operation between -the Inquisitions of Toulouse and Saragossa and occurred too early to be -the result of the papal letters which were not received in Córdova until -May 31, 1487. - -We have seen (p. 191), by a case occurring in 1501, that Manoel of -Portugal considered that there was no obligation to return fugitives -from the Inquisition; it was a matter of comity to be decided on the -merits of each case. There was a similar one in 1500, and when, in 1510 -and 1514, fugitives were asked for, under plea that they were wanted as -witnesses, Manoel refused to surrender them without absolute pledges -that they should suffer no harm (Archivo de Simancas, Inquisicion, Libro -1; Libro 3, fol. 85, 107, 110). - -When Portugal obtained an Inquisition, the two inquisitors-general, in -1544, came to an agreement, with the assent of the respective monarchs, -which superseded extradition. The fugitive was to be tried in the -country where he was captured and the Inquisition from which he had fled -was to furnish the evidence.--Bibl. nacional, Seccion de MSS. X, 257, -fol. 218. - -[660] Arch. gén. de la C. de A., Reg. 3684, fol. 75.--Amador de los -Rios, III, 269. - -[661] Arch. gén. de la C. de A., Reg. 3684, fol. 103. - -[662] Ibidem, fol. 102 (see Appendix). It was Martin de Santangel, not -Luis, who took refuge in Tudela. He was not caught, but was burnt in -effigy, July 28, 1486. - -[663] Memoria de diversos Autos, Auto 29 (Appendix). - -In after years, Ferdinand was less inclined to invade friendly -territory. February 25, 1501, writing to the Archdeacon of Almazan, -Inquisitor of Catalayud, about an inhabitant of Fitero, a town just -beyond the border, he says that if the culprit can be arrested within -his jurisdiction it can be done, but there must be no deceit and no -scandal.--Archivo de Simancas, Inquisicion, Libro 1. - -[664] Zurita, Añales, Lib. XX, cap. lxv.--Llorente, Hist. crít. Cap. VI, -Art. ii, n. 1.--Trasmiera, p. 101. - -[665] Arch. gén. de la C. de A., Reg. 3684, fol. 67, 68, 83, 86. - -[666] Memoria de diversos Autos, Auto 3 (see Appendix). - -[667] Zurita, _loc. cit._--The order to receive the tribunal in the -Aljafería bears date January 12, 1486 (Arch. gén. de la C. de A., Reg. -3684, fol. 83). Subsequently it was transferred to the archiepiscopal -palace in order to let the Aljafería be occupied by a member of the -royal family, but the inquisitors complained and were allowed to return -in 1498. They encroached upon the royal apartments, much to Ferdinand's -disgust, as expressed in a letter of September 30, 1511. In January, -1515, he ordered them to leave the palace and rent accommodations in -the city, but finally they obtained permanent possession.--Archivo de -Simancas, Inquisicion, Libro 1; Libro 3, fol. 155, 321, 322. - -[668] Arch. gén. de la C. de A., Reg. 3684, fol. 76. - -[669] Memoria de diversos Autos, Auto 27, n. 3 (see Appendix). - -[670] Memoria de diversos Autos, Autos 10, 11, 14, 16, 18, 20, 22 -(Appendix). - -[671] Bibl. nacionale de France, fonds espagnol, 81.--Memoria de -diversos Autos, Auto 43, n. 6; Auto 45, n. 1. - -[672] Libro Verde (Revista de España, CVI, 287, 589.--Ibid. MS. fol. -65-74). - -[673] Memoria de diversos Autos, Auto 36, n. 1.--Bibl. nacionale de -France, fonds espagnol, 80. - -[674] It is impossible to construct a full catalogue of the victims. -Llorente undoubtedly exaggerates when he asserts (Hist. crít. Chap. VI, -Art. v, n. 1) that the executions numbered more than 200 and so does -Amador de los Rios (III, 266) in saying that the greater part of those -who appeared in the Saragossa autos from 1486 to 1492 were accomplices -in the murder. The sentences abstracted in the _Memoria_ show that but -few of them were concerned in it. - -Anchias, the notary of the tribunal, in his account of the affair, only -enumerates as put to death three treasurers of the fund, five assassins -and four accomplices besides Sancho de Paternoy and Alonso de Alagon -who escaped with imprisonment through friendly influences (Libro Verde, -Revista, CVI, 287). The indications in the _Memoria_ are incomplete as, -after May, 1489, the crimes of the culprits are not stated but, so far -as it goes and comparing it with the Libro Verde and other sources, I -find nine executed in person, besides two suicides, thirteen burnt in -effigy and four penanced for complicity. Besides these are two penanced -for suborning false witness in favor of Luis de Santangel and seventeen -for aiding or sheltering the guilty, and two for rejoicing at the crime. -Altogether, fifty or sixty will probably cover the total of those who -suffered in various ways. - -The sanbenitos of the convicts, with inscriptions, were hung as -customary in the cathedral and remain there to the present day (Amador -de los Rios, III, 266). The swords of the murderers are still to be -seen attached to the pillars near the entrance to the chancel (V. de -la Fuente, in Oviedo's _Quinquagenas_, I, 73). One of the latter was -removed in 1518, by order of Leo X, and when the commissioner who had -performed the act died shortly afterward it was popularly regarded as -a visitation of God (Archivo hist. nacional, Inquisicion de Toledo, -Hacienda, Legajo 10). - -[675] Libro Verde (Revista, CVI, 250-1).--Archivo de Simancas, -Inquisicion, Libro 1--Arch. gén. de la C. de A., Reg. 3684, fol. -100.--Garibay, Compendio histórial, Lib. XIX, cap 1.--Amador de log -Rios, III, 405. - -[676] Archivo de Simancas, Inquisicion, Libro 3, fol. 237; Libro 4, fol. -223. - -[677] Libro Verde (Revista, CV, 568). - -[678] Ibidem (Revista, CVI, 266, 269). - -[679] Libre dels quatre Senyals, cap. xiv (Barcelona, 1634, p. 34). - -[680] Zurita, Añales, Lib. XX, cap. lvi. - -[681] Arch. gén. de la C. de A., Reg. 3684, fol. 16. - -[682] Ibidem, fol. 24. - -[683] Arch. gén. de la C. de A., Reg. 3684, fol. 27. This request was -repeated soon afterward.--Ibidem, fol. 45. - -[684] Ibidem, fol. 59. - -[685] Ibidem, fol. 72. It is probably to this attempt that may be -attributed a tumult against the Inquisition at Lérida, alluded to by -Llorente, Añales, I, 93. - -[686] Arch. gén. de la C. de A., Reg. 3684, fol. 86, 89. - -[687] Archivio Vaticano, Regest. 685 (Innoc. VIII), fol. 346. Cf. Bibl. -nacional, Seccian de MSS., D, 118, p. 92.--Bulario de la Orden de -Santiago, Lib. I, fol. 31. - -[688] Manuall de Novells Ardits, III, 58, 61 (Barcelona, 1894). - -[689] Ibidem, III, 66. - -[690] Carbonell de Gestis Hæreticorum (Coleccion de Doc. de la Corona de -Aragon, XXVIII, 13, 16, 29). - -[691] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 26. - -[692] Carbonell, pp. 36, 39, 40, 52, 83, 85, 137, 139, 140, 148, -149.--Archivo de Simancas, Inquisicion, Libro 1. - -[693] Archivo de Simancas, Inquisicion, Libro 927, fol. 303. - -[694] Ibidem, Libro 2, fol. 19.--MSS. of Bodleian Library, Arch. S, 130. - -[695] Archivo de Simancas, Inquisicion, Libro 2, fol. 5, 7, 10; Libro -13, fol. 385, 386. - -[696] Ordinacions del Regne de Mallorca, pp. 64, 85, 372-3 (Mallorca, -1663). - -[697] Historia general del Reyno de Mallorca, III, 362 (Palma, -1841).--Archivo de Simancas, Inquisicion, Libro 595. - -[698] Hist. gen. de Mallorca, III, 363. - -[699] Archivo de Simancas, _ubi sup._ - -[700] Archivo de Simancas, Inquisicion, Libro 1. - -[701] Archivo de Simancas, Inquisicion, Libro 72, P. II, fol. 6, 7, -121, 125; Libro 73, fol. 116-171; Libro 77, fol. 228; Libro 78, fol. -60.--Páramo, pp. 217-18. - -[702] Zurita, Hist. del Rey Hernando, Lib. IX, cap. xiv. - -[703] Llorente, Añales, II, 11. - -[704] Capitols concedits y decretats per lo Reverendissim don Juan -Bisbe de Leyda e inquisidor general a supplicatio dels tres staments -de Cathalunya convocats en los Corts de Montso ha 2 de Agost, 1512 -(Pragmáticas y altres Drets de Cathalunya, Lib. I, Tit. viii, cap. 1; -Lib. I, Tit. ix, cap. 3, § 6. Barcelona, 1589). - -The articles agreed upon for Aragon are given by Llorente, Añales, II, -19. - -[705] Capitols y Actes de Cort, fol. xxviii (Barcelona, 1603). - -[706] Archivo de Simancas, Inquisicion, Libro 3, fol. 200. - -[707] Bulario de la Orden de Santiago, Libro I, fol. 137. Confirmed -by a second and fuller one, September 2, 1513.--Archivo de Simancas, -Inquisicion, Libro 921, fol. 21, 23. - -[708] Archivo de Simancas, Inquisicion, Libro 933; Libro 3, fol. 316. - -[709] Archivo de Simancas, Inquisicion, Libro 3, fol. 323, 456.--Parecer -del Doctor Martin Real (MSS. of Bodleian Library, Arch. S, 130). - -[710] Archivo de Simancas, Inquisicion, Libro 3, fol. 337. - -[711] Ibidem, fol. 355. - -[712] Bulario de la Orden de Santiago, Libro I de copias, fol. -219.--Pragmáticas y altres Drets de Cathalunya, Lib. I, Tit. viii, cap. -2. - -Ferdinand must have resolved on this policy about a year earlier, but -delayed putting it into execution. In the Simancas archives, Patronato -real, Inquisicion, Leg. único, fol. 6, there is a similar brief, but -without the executive clauses, addressed to him and commencing _Exponi -nobis nuper fecisti_. It bears date May 12, 1515, and was apparently -held by him in reserve. - -[713] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 2. - -[714] Llorente, Añales, II, 146-53. - -[715] Archivo de Simancas, Inquisicion, Libro 921, fol. 76. - -[716] Archivo de Simancas, Inquisicion, Libro 74, fol. 120. - -[717] Argensola, Añales de Aragon, Lib. I, cap. liv, lxxii (Zaragoza, -1630).--Llorente, Añales, II, 145-247.--Sayas, Añales de Aragon, cap. -ii (Zaragoza, 1666).--Dormer, Añales de Aragon, Lib. I, cap. xxvi -(Zaragoza, 1697).--Archivo hist. nacional, Inquisicion de Toledo, -Hacienda, Leg. 10 (see also Padre Fidel Fita in Boletin, XXXIII, -330).--Bulario de la Orden de Santiago, Lib. I de copias, fol. -125.--Bergenroth, Calendar of Spanish State Papers, Suppl. p. 300.--P. -Mart. Angler. Epistt. 631, 632, 634.--Bibl. nacional, Seccion de MSS., -D, 118, fol. 8, 104.--Archivo de Simancas, Inquisicion, Libro 6, fol. -73, 76, 77, 78; Libro 9, fol. 25, 26; Libro 14, fol. 57, 61; Libro 72, -P. II, fol. 207; Libro 73, fol. 32, 142, 143; Libro 74, fol. 170; Libro -921, fol. 72-6, 82, 84, 88, 90. - -[718] Archivo de Simancas, Inquisicion, Libro 73, fol. 144. - -[719] Constitucions fetes per la S. C. C. y R. Magestat de Don Carlos -elet en Rey dels Romans ... en la primera Cort de Barcelona en lany -MDxx. Capitols y modificacions y donacio dels bens de Conversos -(Barcelona, 1520). Also in Pragmaticas y altres Drets de Cathalunya, -Tit. viii, § 3. - -[720] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 41, 66; Libro 4, fol. 123. - -[721] Archivo de Simancas, Libro 930, fol. 39. - -[722] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, fol. -38, 39. This paper is not dated but its character and the documents with -which it is associated indicate that it belongs to this period. - -[723] Dormer, Añales, Lib. I, cap. xli. - -[724] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 47, 48. - -[725] Ibidem, fol. 61, 64. - -[726] Arch. gén. de la C. de A., Fondos del antiguo Consejo de Aragon, -Leg. 708.--Costitucions fetes ... en la tercera Cort de Cathalunya en -lany 1534 (Barcelona, 1534). - -[727] Parecer del Doctor Martin Real (MSS. of Bodleian Library, Arch. S, -130). - -[728] Páramo, p. 138. - -[729] Archivo de Simancas, Inquisicion, Libro 1. - -[730] Ibidem, Libro 3, fol. 21, 27, 28, 353. - -[731] Archivo de Simancas, Inquisicion, Libro 1; Libro 933. - -[732] Ibidem, Libro 1; Libro 3, fol. 109. - -[733] See Appendix. All this of course is omitted from the later -official compilations. - -[734] Archivo de Simancas, Libro 1; Libro 3, fol. 24, 441, 442. - -[735] Archivo de Simancas, Inquisicion, Libro 1; Libro 926, fol. -308.--Arch. gén. de la C. de Aragon, Reg. 3684, fol. 103. - -[736] Archivo de Simancas, Inquisicion, Libro 3, fol. 340, 402. - -[737] Archivo de Simancas, Inquisicion, Libro 3, fol. 346-81. - -[738] Ibidem, Libro 926, fol. 76 - -[739] Archivo de Simancas, Inquisicion, Libro 3, fol. 423. - -[740] Ibidem, Libro 2, fol. 28, 29, 30.--Libro Verde de Aragon (Revista -de España, CV, 573). - -[741] Raynald. Annal. ann. 1485, n. 81.--Llorente, Añales, I, -109-11.--Bulario de la Orden de Santiago, Lib. I, fol. 29, 33, 91, 101, -102.--Archivio Vaticano, Innoc. VIII, Regist. 682, fol. 263, 294.--Fidel -Fita, Boletin, XV, 573-8, 587. - -Pastor (Geschichte der Päpste, III, 249) erroneously regards this -private and special reconciliation to be a general decree of Innocent -VIII. - -[742] Carbonell, De Gest. Hæret. (Col. de Doc. de Aragon, XXVIII, 18, -29). - -Their father, Pedro Badorch, was sentenced to perpetual prison in the -auto of August 8, 1488, but was released March 26, 1490. - -[743] Archivo gén. de la C. de A., Regist. 3684, fol. 100.--Archivo de -Simancas, Inquisicion, Lib. 1. - -[744] Archivo de Simancas, Inquisicion, Lib. 4, fol. 95. - -[745] Ibidem, Lib. 9, fol. 21, 63. - -[746] Gachard, Correspondence de Charles-Quint avec Adrian VI, p. -236.--Archivo de Simancas, Inquisicion, Lib. 73, fol. 105. - -[747] Archivo de Simancas, Inquisicion, Sala 40, Lib. 4, fol. 105, 114, -118, 128, 132, 138, 158, 177, 220, 223, 224. - -[748] MSS. of Library of University of Halle, Yc, Tom. 17.--Archivo de -Simancas, Lib. 939, fol. 273. - -[749] Archivo de Simancas, Inquisicion, Libro 29, fol. 10. - -[750] Archivo de Alcalá, Estado, Legajo 3137. - -[751] MSS. of Library of Univ. of Halle, _ubi sup._ - -[752] Ibidem, Yc, 20, Tom. 9. - -[753] MSS. of Library of Univ. of Halle, Yc, Tom. 17.--Fueros en las -Córtes de Barbastro y Calatayud de 1626, p. 16 (Zaragoza, 1627). - -[754] Archivo de Simancas, Inquisicion, Libro 55, fol. 217. - -[755] MSS. of Library of Univ. of Halle, Yc, T. 17.--Archivo de -Simancas, Inquisicion, Libro 33, fol. 846-7, 851; Libro 35, fol. 509, -567.--Cartas de Jesuitas (Mem. hist. español, XVII, 35). - -[756] Archivo de Alcalá, Estado, Leg. 3137; Hacienda, Legajo 544^{2} -(Libro 10).--Bibliotheca nacional, Seccion de MSS., G, 61, fol. 203. - -[757] Bulario de la Orden de Santiago, Libro V, fol. 137. - -[758] Archivo de Alcalá, Estado, Legajos 2843, 3137.--Archivo hist. -nacional, Inquisicion de Valencia, Leg. 16, n. 6. - -[759] Archivo de Simancas, Gracia y Justicia, Leg. 629; Inquisicion, -Libros 435, 559.--Archivo hist. nacional, Inquisicion de Valencia, Leg. -17, n. 4. - -[760] Gachard, Correspondence de Charles-Quint avec Adrian VI, pp. 38, -41, 54, 66, 75, 95, 193. - -[761] Bulario de la Orden de Santiago, Libro I de copias, fol. 35, 39, -etc. - -[762] Archivo de Simancas, Gracia y Justicia, Legajo 629, fol. -1-14.--See Appendix. - -The cost of the briefs to Bertran was 250 ducats for the commission -and 50 for the dispensation. That to Bonifaz had been 245; there seems -to have been a progressive advance for the briefs to Cevallos cost him -370.--Ibidem. - -[763] Llorente, Añales, II, 263. - -[764] Archivo de Simancas, Inquisicion, Sala 40, Libro 4, fol. 98. - -[765] Sandoval, Hist. de Carlos V, Lib. XVII, § 30.--Ciacconii Vitæ -Pontiff. III, 519.--Zuñiga, Añales de Sevilla, Lib. XIV, años 1529, -1534.--Archivo de Simancas, Inquisicion, Libro 77, fol. 228; Libro 939, -fol. 62, 115, 134; Patronato Real, Inquisicion, Leg. único, fol. 38, 39. - -Llorente (Hist. crít., cap. XIV, art. ii, n. 5) attributes his second -disgrace to Charles's anger at the prosecution of his favorite preacher -Alonso Virués, which he assumed that Manrique ought to have prevented. - -[766] Ed. Böhmer, Francisca Hernández und Francisco Ortiz, pp. 140, -173.--Bulario de la Orden de Santiago, Libro III, fol. 133. - -[767] Cabrera, Relaciones, pp. 17, 33, 44, 579 (Madrid, -1857).--Hinojosa, Despachos de la Diplomacía Pontificia, I, 403 (Madrid, -1896).--Bibl. nacional, Seccion de MSS., Ii, 16. - -[768] Cabrera, Relaciones, pp. 50, 56, 67, 112, 129.--Bibl. nacional, -_ubi sup._--Bulario de la Orden de Santiago, Libro IV, fol. 137. - -[769] Bulario de la Orden de Santiago, _loc. cit._--Cabrera, Relaciones, -pp. 152, 154, 159, 162. - -[770] Cabrera, Relaciones, pp. 168, 310, 344, 573.--Bibl. nacional, -Seccion de MSS., Ii, 16. - -[771] Cabrera, pp. 252-4.--Ticknor's Spanish Literature, II, -142.--Another Dominican, Fray Juan Blanco de Paz, is also credited with -the paternity. - -[772] Archivo de Simancas, Gracia y Justicia, Legajo 621, fol. -11.--Archivo de Alcalá, Estado, Leg. 2843.--Cabrera, Relaciones, p. -588.--Cespedes y Meneses, Historia de Felipe Quarto, Lib. II, cap. -3.--Pellegrini, Relazioni di Ambasciatori Lucchesi, p. 62 (Lucca, -1903).--Llorente, Hist. crít. Cap. XXXVIII, Art. 1, n. 18. - -[773] Bibl. nacional, Seccion de MSS., Ii, 16. - -[774] Archivo de Simancas, Gracia y Justicia, Leg. 621, fol. 57. -"Pareceme para este oficio mas á proposito el Cardenal Çapata, y asi -le hago m^{d} de él, pero no se ha de publicar asta ser quien sera -aproposito para el cargo del Gobernador del Arzobispado de Toledo, por -que es mi voluntad que salgan con los officios en una dia." - -[775] Bibl. nacional, Seccion de MSS., X, 157.--Archivo de Simancas, -Inquisicion, Libro 31, fol. 34, 637. - -[776] Cartas de Jesuitas (Mem. hist, español, T. XVII, pp. 110, 116, -122, 143, 172, 235, 255).--Pellicer, Avisos (Valladares, Semanario -erúdito, XXXIII, 104).--Archivo de Simancas, Inquisicion, Libro 126, -fol. 2. (See Appendix). - -[777] Cartas del Consejo, Tom. XIII (MSS. of American Philosophical -Society). - -[778] Candamo, Controversias en la menor edad de Carlos II (Semanario -erúdito, IV, 7). - -[779] There is a voluminous collection of documents on the subject in -the Simancas archives, Inquisicion, Libro 33, fol. 963-1100. - -[780] Candamo, _loc. cit._, pp. 4-239.--Memorias históricas de la -Monarquia de España (Semanario erúdito, XIV, 19).--MSS. of the Royal -Library of Munich, Cod. Ital. 191, fol. 710.--Archivo de Simancas, -Inquisicion, Leg. 1476, fol. 3. - -[781] Bulario de la Orden de Santiago, Libro V, fol. 118. This continued -to be the practice, requiring a renewal of the brief every three -years until 1774, when, as we have seen, Felipe Beltran obtained a -dispensation good for his tenure of office, a favor repeated to his -successors. - -[782] Proceso contra Fray Froilan Díaz, pp. 143-44. - -[783] Bulario de la Orden de Santiago, Libro V, fol. 136. - -[784] Printed by Llorente, Coleccion Diplomática, p. 27. - -[785] Belando, Historia civil de España desde 1700 hasta 1733, P. IV, -cap. ix, xv (Madrid, 1744). See also Macanaz's Commentary on Feyjoo's -_Teatro Crítico_ (Semanario erúdito, VIII, 27-9). - -This volume of Belando's work was examined by the Council of Castile, -before a license to print was issued, and was subjected to a second -examination by order of Philip, before he would permit its dedication -to himself and his queen. This, and the secret documents which it -contains, show that its account of the Giudice affair may be regarded -as authentic. This did not save the book from the Inquisition which -condemned it in 1744 and, when the author asked to be heard in its -defence and offered to make any changes required, he was thrown into -prison and then relegated to a convent with orders to write no more -books.--Llorente, Hist. crít., Cap. XXV, Art. i, n. 12. - -The Marquis of San Felipe gives an account of the affair much less -favorable to Macanaz and the royal prerogative.--Mémoires pour servir -à l'Histoire d'Espagne sous le Regne de Philippe V, III, 120 _sqq._ -(Amsterdam, 1756). - -[786] Puigblanch, La Inquisicion sin Mascara, pp. 412-15 (Cadiz, 1811). - -Puigblanch says that he possessed a copy of this consulta signed by -Macanaz at Montauban in 1720. So far as I am aware it has never been -printed. - -[787] MSS. of Royal Library of Copenhagen, No. 210 fol.--I have printed -this document in "Chapters from the Religious History of Spain," p. 483. - -[788] Archivo de Simancas, Inquisition, Sala 39, Leg. 4, fol. 57. - -[789] Alfonso Professione, Il Ministero in Spagna del Card. Giulio -Alberoni, p. 244 (Torino, 1897). - -[790] Macanaz, Regalías de los Reyes de Aragon, Introd. pp. xix-xxv -(Madrid, 1879). - -[791] Regalías de los Reyes de Aragon, Introd. p. xxviii. - -[792] Defensa crítica de la Inquisicion, I, 7-10, 18, 23. - -The work was not printed in the lifetime of Macanaz but was issued by -Valladares in 1788. - -[793] Valladares, Semanario erúdito, VIII, 221. - -[794] Ibidem, VII, 4, 127, 138; VIII, 168.--Regalías de los Reyes de -Aragon, Introd. pp. xliii-iv. - -[795] Ferrer del Rio, Historia de Carlos III, I, 384 _sqq._ - -[796] Novísima Recop. II, iii, 9. - -[797] Llorente, Hist. crít. Cap. XLIV, Art. 1, n. 42, 43.--Modesto de -Lafuente, Historia general de España, XXII, 97, 125. - -[798] Archivo de Simancas, Inquisicion, Libro 9, fol. 144, 192. - -[799] Ibidem, Sala 40, Lib. 4, fol. 153. - -[800] Relazioni Venete, Serie I, Tom. VI, p. 370. - -[801] Archivo de Alcalá, Estado, Leg. 3137.--Archivo de Simancas, -Inquisicion, Libro 939, fol. 271.--Páramo, p. 150. - -[802] Bibl. nacional, Seccion de MSS., D, 118, fol. 183.--Cabrera, -Relaciones, p. 560. - -[803] Archivo de Simancas, Registro de Genealogías, 916, fol. 66. - -[804] Discurso sobre el Origen, etc., de la Inquisicion, p. 70 -(Valladolid, 1803). - -[805] Archivo de Alcalá, Estado, Leg. 3137.--Archivo de Simancas, Gracia -y Justicia, Leg. 621, fol. 58-60.--Bibl. nacional, Seccion de MSS., -G, 61, fol. 209-10; Pp, 28, § 13.--MSS. of Bodleian Library, Arch. S, -130.--Archivo de Simancas, Inquisicion, Libro 21, fol. 60. - -[806] Archivo de Simancas, Inquisicion, Libro 21, fol. 256.--Bibl. -nacional, _ubi sup._--Archivo de Alcalá, _ubi sup._--Parets, Sucesos -de Cataluña (Memorial hist. español, XXI, Append. p. 398).--Cartas de -Jesuitas (Mem. hist. espan. XVI, 81, 205). - -[807] Archivo de Alcalá, _ubi sup._--Archivo de Simancas, Inquisicion, -Libro 33, fol. 846; Libro 35, fol. 509.--MSS. of Library of Univ. of -Halle, Yc, T. 17. - -[808] Archivo de Alcalá, Hacienda, Legajo 544^{2} (Libro 10).--Bibl. -nacional, Seccion de MSS. G, 61, fol. 22.--Proceso criminal contra Fray -Froylan Díaz, p. 222. - -[809] Archivo de Simancas, Inquisicion, Libro 3, fol. 384. - -[810] Ibidem, Libro 939, fol. 136. - -[811] Ibidem, Libro 978, fol. 36. - -[812] Archivo de Simancas, Libro 29, fol. 59. - -It is observable that the kings always addressed the Inquisition "por -ruego y encargo" and never "por mandamiento." - -[813] Ibidem, Inquisicion de Barcelona, Córtes, Legajo 17, fol. 9. - -[814] Archivo de Simancas, Libro 20, fol. 340; Libro 26, fol. 37; Libro -43, fol. 297. - -[815] Ibidem, Libro 3, fol. 24, 397; Libro 5, fol. 8, 16, 21. - -[816] Archivo de Simancas, Inquisicion, Lib. 3, fol. 248, 250, 252. - -[817] Archivo de Simancas, Inquisicion, Lib. 76, fol. 227; Sala 40, Lib. -4, fol. 139. - -[818] Ibidem, Lib. 5, fol. 16. - -[819] Ibidem, Lib. 940, fol. 34. - -[820] Ibidem, Lib. 5, fol. 29; Lib. 73, fol. 106, 107, 301; Lib. 940, -fol. 35, 36, 40, 41. - -[821] Ibidem, Lib. 78, fol. 162. - -[822] Archivo de Simancas, Inquisicion, Sala 40, Lib. 4, fol. 107, 110; -Lib. 939, fol. 134; Lib. 940, fol. 41, 42. - -A pragmática of 1534, abandoning the royal claim on the confiscations -under the crown of Aragon, can only have been of temporary -effect.--Ibidem, Lib. 939, fol. 9. - -[823] Ibidem, Lib. 939, fol. 134; Sala 40, Lib. 4, fol. 164. - -[824] Archivo de Simancas, Lib. 80, fol. 2, p. 2; Sala 40, Lib. 4, fol. -252. - -[825] Bulario de la Orden de Santiago, Lib. I de copias, fol. 201, -203.--Bibl. nacional, Seccion de MSS., R, 90.--Páramo, p. 138. - -[826] Danvila y Collado, Expulsion de los Moriscos, pp. 184-6 (Madrid, -1889). - -[827] Archivo hist. nacional, Inquisicion de Valencia, Leg. 384. - -[828] Archivo hist. nacional, Inquisicion de Valencia, Leg. 5, n. 2, -fol. 168, 169, 172. - -[829] Recop. de las Indias, Lib. I, Tit. xix, leyes 10, 11, 12, 30, § -1.--Solorzani de Indiar. Gubern. Lib. III, cap. xxiv, n. 11.--Archivo de -Simancas, Inquisicion, Leg. 1465, fol, 78; Libro 40, fol. 44, 57, 74, -77, 85, 91, 103, 128, 139. - -[830] Archivo de Simancas, Libro 35, fol. 456. - -[831] Ibidem, fol. 281; Libro 21, fol. 224, 251. - -[832] Ibidem, Libro 40, fol. 218, 328; Libro 36, fol. 74. - -[833] Archivo de Simancas, Inquisicion, Libro 23, fol. 63. - -[834] Ibidem, Libro 38, fol. 281, 303, 398; Legajo 1465, fol. 36-8, 50. - -[835] Ibidem, Libro 40, fol. 85, 139. - -[836] MSS. of Bibl. nacional of Lima, Legajo 225, Expediente 5278. - -[837] Archivo de Simancas, Inquisicion, Libro 69, fol. 2, 69, 156, 563. - -[838] Bibl. nacional, Seccion de MSS Q, 4. - -[839] Archivo hist. nacional, Inquisicion de Valencia, Leg. 10, n. 2, -fol. 157.--Archivo de Alcalá, Estado, Leg. 2843.--Archivo de Simancas, -Inquisicion, Libro 559. - -Jubilation, as we shall see hereafter, consisted in retirement on -half-pay. - -[840] Archivo hist. nacional, Inquisition de Valencia, Leg. 13, n. -2, fol. 6, 13, 17; Leg. 14, n. 1, fol. 42.--Archivo de Simancas, -Inquisicion, Libro 27, fol. 87; Libro 28, fol. 275. - -[841] Instruciones de 1484, §§ 3, 7 (Arguello, fol. 3, 4).--Archivo de -Simancas, Inquisicion, Lib. 933. (See Appendix.) - -[842] Archivo gén. de la C. de A., Reg. 3684, fol. 83, 89, 102. - -[843] Boletin, XV, 594, 596. - -[844] Instruciones de 1498, § 5. (Arguello, fol. 12.) - -[845] Archivo de Simancas, Inquisicion, Libro 1; Libro 933. - -[846] Ibidem, Libro 1; Libro 2, fol. 9. - -[847] Archivo de Simancas, Inquisicion, Libro 3, fol. 135, 137, 169, -270; Libro 933, fol. 125; Libro 72, P. 1, fol. 72; P. 2, fol. 20. -(Arguello, fol. 20, 25.) - -[848] MSS. of Royal Library of Copenhagen, 218^{b}, p. 236. - -[849] Simancæ de Cathol. Institt. Tit. xxiii.--Cf. R. Bellarmini de -Potestate Papæ cap. 3. - -[850] Solorzano de Jure Indiarum, Tom. I, Lib. III, cap. i, n. 92.--In -this Solorzano exaggerates cap. 3 of the Sixth Council of Toledo -(Aguirre, III, 409). - -All this is seriously brought forward by Antonio de Ayala, fiscal of -Valencia, in an argument to prove the exemption from taxation of the -Inquisition.--Arch. hist. nacional, Inquisicion de Valencia, Leg. 1, no. -1, fol. 11. - -[851] Córtes de Madrigal, 1476 (Córtes de los antiguos Reinos, IV, 74, -80).--Nueva Recop. Lib. II, Tit. v, leyes 36-39.--Salgado de Somoza, De -Regia Protectione, P. I, cap. 1, 2 - -[852] This cédula is not included in the Recopilaciones, but is printed -by Salgado de Somoza, De Retentione Bullarum, P. II, cap. xxxiii, n. 13, -and by Portocarrero, _op. cit._, § 74. There are also copies in Bibl. -nacional, MSS., Cc, 58, fol. 5; Archivo de Simancas, Lib. 30, fol. 146; -Lib. 939, fol. 300, and in MSS. of Library of Univ. of Halle, Yc, Tom. -17. - -[853] Archivo de Simancas, Libro 20, fol. 340. - -[854] MSS. of Bodleian Library, Arch. S, 130. - -[855] Bibl. nacional, Seccion de MSS., X, 157, fol. 244. - -[856] Archivo de Simancas, Inquisicion, Libro 13, fol. 16.--Llorente, -Añales, I, 277. - -[857] Nueva Recop. Libro IV, Tit. 1, ley 18.--Consulta magna, 1696 -(Bibl. nacional, Seccion de MSS., Q, 4). - -[858] Archivo de Simancas, Libro 927, fol. 323; Libro 21, fol. 84, 110; -Libro 50, fol. 82.--Bibl. nacional, Seccion de MSS., X, 157, fol. 244. - -[859] Portocarrero, Sobre la Competencia, etc., § 52. - -[860] Archivo de Simancas, Inquisicion, Libro 940, fol. 196. - -[861] Llorente, Hist. crít. Cap. XXVI, Art. ii, n. 20-4. - -[862] Portocarrero, _op. cit._, § 73. - -[863] Por la Jurisdiction de la Inquisicion de la Ciudad y Reyno de -Granada, Granada, 1642 (MSS. of Bodleian Library, Arch. S., 130). - -[864] Bibl. nacional, Seccion de MSS., D, 118, fol. 151. - -[865] Archivo gén. de la Corona de Aragon, Legajo 528.--For some -extracts from this paper see Appendix. - -Various papers on both sides of these questions will be found in the -Simancas archives, Libro 62, fol. 160, 312. - -[866] Archivo de Simancas, Inquisicion, Libro 32, fol. 56, 58. (See -Appendix.) - -[867] Ibidem, Libro 25, fol. 58 - -[868] Archivo de Simancas, Inquisicion, Legajo 1465, fol. 2-8.--MSS. of -Library of Univ. of Halle, Yc, 20, Tom. 17. - -[869] Instrucciones de 1484, § 21. (Arguello, fol. 7.) - -[870] Archivo de Simancas, Inquisicion, Libro 31, fol. 193, 194. (See -Appendix.) - -[871] Llorente, Hist. crít. Cap. XXVI, Art. 3. n. 11. - -[872] Pablo García, Orden de Procesar, fol. 73.--This is an official -manual compiled by the Aragonese secretary of the Suprema. Originally -issued about 1568 it was reprinted in 1592, 1607 and 1628. My references -are to the last edition. - -A somewhat different formula of this oath is given by Páramo, p. 573. - -[873] Archivo de Simancas, Inquisicion, Libro 688, fol. 514.--MSS. of -Bodleian Library, Arch. S, 130.--Archivo hist. nacional, Inquisicion de -Valencia, Legajo 1, Lib. 11, fol. 158. - -[874] Orden de Procesar, fol. 72. - -[875] Archivo de Simancas, Inquisicion, Libro 12, fol. 29.--Bibl. -nacionale de France, fonds français, 2881, fol. 7 - -[876] Archivo de Simancas, Inquisicion, Sala 39, Leg. 4, fol. 41. - -[877] Portocarrero, _op. cit._, § 1.--Solorzani de Indiar. Gubern., Lib. -III, cap. xxiv, n. 16.--Archivo hist. nacional, Inquisicion de Valencia, -Leg. 1, Lib. 3, fol. 49-69. - -[878] Archivo de Simancas, Libro 939, fol. 63.--Cf. Concil. Trident. -Sess. XXV, De Reform. cap. 3.--Ferraris, Prompta Bibliotheca, s. v. -_Excom._ Art. 5, n. 17. - -[879] C. Trident, _ubi sup._ - -[880] Bulario de la Orden de Santiago, Libro I de copias, fol. 10, 13, -15.--"Et quibuscunque judicibus et personis quibus tibi inhibendum -videbitur etiam sub censuris et privationis et inhabilitatis poenis -inhibendi." - -[881] Bulario de la Orden de Santiago, Libro IV, fol. 118, 137; Libro V, -fol. 117, 136, 138, 151, 199, 200, 251, 264, 295.--Archivo de Simancas, -Gracia y Justicia, Leg. 629. - -This clause probably explains a peculiarity in the issue of Manrique de -Lara's commission. After the death of Quiroga, Nov. 20, 1594, Clement -VIII issued to Manrique, Feb. 10, 1595, a commission subrogating him -to Quiroga, with the same powers, for six months until further letters -could be made out. Then, August 1, 1595, the full elaborate commission -is made out, containing this clause (Bulario, _loc. cit._, 118, 119). -The new clause must have evoked prolonged debate, requiring five months -for its settlement. - -[882] MSS. of Royal Library of Copenhagen, 218^{b}, p. 338. - -[883] Páramo, p. 537.--MSS. of Library of Univ. of Halle, Yc, Tom. 17. - -[884] Archivo de Simancas, Inquisicion, Libro 939, fol. 65; Libro 941, -fol. 5; Libro 71, fol. 143.--MSS. of Royal Library of Copenhagen, -218^{b}, p. 300.--MSS of Bibl. nacional de Lima, Protocolo 223, -Expediente 5270. - -[885] MSS. of Royal Library of Copenhagen, 318^{b}, p. 302.--Bibl. -nacional, Seccion de MSS., D, 118, fol. 170. - -[886] Solorzano, De Gubernatione Indiarum, Lib III, Tit. xxiv, n. -53.--MSS. of Bibl. nacional de Lima, Protocolo 228, Expediente -5287.--Archivo de Simancas, Inquisicion, Legajo 1465, fol. 63. - -[887] Archivo gén. de la C. de Aragon, Leg. 528, n. 2. - -[888] MSS. of Bodleian Library, Arch. S, 130.--Cartas de Jesuitas -(Memorial hist. español, XVII, 70-75).--Juan Gomez Bravo, Catálogo de -los Obispos de Córdova, p. 643. - -[889] Ariño, Sucesos de Sevilla, pp. 103, 105; Appendix (Sevilla, -1873).--Archivo de Simancas, Inquisicion, Libro 937, fol. 220. - -[890] Archivo de Simancas, Inquisicion, Leg. 1465, fol. 46.--Archivo de -Alcalá, Hacienda, Leg. 544^{2}, Libro 8. - -[891] Portocarrero, _op. cit._, § 57. - -[892] Cap. 9 in Sexto, Lib. V, Tit. ii. - -[893] Archivo hist. nacional, Inquisicion de Valencia, Leg. 4, n. 3, -fol. 25.--Archivo de Simancas, Inquisicion, Libro 688, fol. 289. - -[894] MS. _penes me_. - -[895] Archivo gén. de la C. de Aragon. Leg. 528, n. 23.--Archivo de -Simancas, Inquisicion, Libro 21, fol. 140. - -[896] Gratiani Decreti P. II, Caus. XVII, Q, IV, c. 29. - -[897] Bulario de la Orden de Santiago, Libro I de copias, fol. -139.--Archivo de Alcalá, Hacienda, Legajo 1049. - -For some reason a similar brief was obtained from Paul V, November 29, -1606.--Archivo de Alcalá, _loc. cit._ - -[898] Bullar. Roman. II, 198. - -This was by no means allowed to be a dead letter in Italy. In 1590 we -chance to hear of the Inquisitor of Cremona relaxing to the secular -arm three offenders under the bull. In some cases however of wounding -or threatening witnesses, the galleys were substituted for capital -punishment. There was, moreover, a spirit of conciliation in the Roman -Inquisition offering a marked contrast to that of Spain. When, in 1635, -at Macerata, some laymen were arrested for wounding certain officials of -the tribunal and a question arose as to jurisdiction, the Congregation -ordered the civil governor to try the cases as its delegate and not to -apply the bull _Si de protegendis_, as the wounding had not arisen out -of hostility to the Holy Office.--Decreta Sacr. Congr. S^{ti} Officii, -pp. 34, 202 (R. Archivio di Stato in Roma, Fondo Camerale, Congr. del S. -Offizio, Vol. 3). - -[899] Archivo de Simancas, Inquisicion, Libro 939, fol. 144. - -[900] Pegnæ Comment. lxi in Eymerici Direct. Inquis. P. III. - -[901] Archivo de Simancas, Inquisicion, Visitas de Barcelona, Leg. 15, -fol. 20; Ibidem, Libro 940, fol. 45.--Bibl. nacional, Seccion de MSS., P -V, 3, n. 69. - -[902] Archivo de Simancas, Inquisicion, Libro 925, fol. 681. - -[903] Archivo de Simancas, Inquisicion, Visitas de Barcelona, Leg. 15, -fol. 9. - -[904] Archivo de Simancas, Inquisicion, Libro 940, fol. 190. - -[905] Franchina, Breve Rapporto della Inquisizione di Sicilia, pp. 72-5, -93 (Palermo, 1744). - -[906] Archivo gén. de la C. de Aragon, Leg. 528, n. 3. - -[907] Nic. Antonii Bibl. nova, II, 140.--Llorente., Hist. crít. Cap. -XXIX, Art. 2, n. 10.--MSS. of Library of Univ. of Halle, Yc, 20, T. I. - -[908] Novis. Recop., Lib. I, Tit. v, leyes 14, 15. - -[909] Cap. 3 in Sexto, Lib. III, Tit. xxiii.--Cap. 1 Clementin., Lib. -III, Tit. xvii. - -[910] Dormer, Añales de Aragon, pp. 132, 155. - -[911] For the numerous and extensive privileges of the hidalgo, see -Benito de Peñalosa y Mondragon, Las Cinco Excelencias del Español, fol. -88 (Barcelona, 1629). - -[912] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 52.--Ibidem, Libro 13, fol. 386. - -[913] Archivo de Simancas, Inquisicion, Leg. 1465, fol. 27; Libro 939, -fol. 144.--Bibl. nacional, Seccion de MSS., D, 118, p. 102.--Modo de -Proceder, fol. 45 (Bibl. nacional, D, 122). - -[914] Bibl. nacional, Seccion de MSS., S, 88, p. 102. - -[915] Archivo de Simancas, Libro 21, fol. 37; Leg. 1465, fol. 27 - -[916] Archivo de Simancas, Inquisicion, Libro 40, fol. 168, 203, 212, -229, 294.--Modo de Proceder, fol. 9 (Bibl. nacional, Seccion de MSS., D, -122).--Archivo hist. nacional, Inquisicion de Valencia, Leg. 13, n. 2, -fol. 42; Legajo 299. - -[917] Archivo hist. national, Inquisition de Valencia, Leg. 14, n. 2, -fol. 28; Cartas del Consejo, Leg. 16, n. 9, fol. 7. - -[918] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 1, -fol. 11, 222.--Bibl. nacional, Seccion de MSS., D, 118, n. 2, fol. 17. - -[919] Modo de Proceder, fol. 44 (Bibl. nacional, D, 122). - -[920] Modo de Proceder, fol. 45 (_loc. cit._). - -[921] Archivo de Simancas, Inquisicion, Libro 926, fol. 26. - -[922] Constitutions del Cort de 1599, n. 51 (Barcelona, 1603, fol. -xvii).--Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 5. - -[923] Archivo de Simancas, Inquisicion, Libro 32, fol. 110. - -[924] Consulta magna (Bibl. nacional, Seccion de MSS., Q, 4). - -[925] Ant. Rodríguez Villa, La Corte y Monarquía de España, p. 16. - -[926] Consulta Magna of 1696 (Bibl. nacional, MSS., Q, 4). - -[927] Archivo hist. nacional, Inquisicion de Valencia, Leg. 9, n. 3, -fol. 78.--MSS. of Royal Library of Copenhagen, 218^{b}, p. 222.--Bibl. -nacional, MSS., D, 118, fol. 122. - -[928] Archivo hist. nacional, Inquisicion de Valencia, Leg. 3, fol, 71, -76, 101, 109, 111, 121, 123, 124, 125, 188, 213; Leg. 13, n. 2, fol. 71. - -[929] Ibidem, Leg. 14, n. 1, fol. 148.--Archivo de Simancas, -Inquisicion, Libro 27, fol. 85. - -[930] Archivo hist. nacional, Inquisicion de Valencia, Leg. 16, n. 6, -fol. 10, 19, 38; Leg. 4, n. 3, fol. 103, 115, 142, 166, 311. - -[931] Archivo de Simancas, Inquisicion, Libro 559.--Archivo de Sevilla, -Seccion primera, Carpeta 58, n. 454 (Sevilla, 1860). - -[932] Archivo de Simancas, Inquisicion, Sala 40, Lib. 4, fol. 109. - -[933] Modo de Proceder, fol. 77 (Bibl. nacional, MSS., D, 122).--Archivo -de Simancas, Inquisicion de Barcelona, Córtes, Legajo 17, fol. 20. - -[934] See the Libre dels quatre Senyals, Barcelona, 1634. - -[935] Portocarrero, _op. cit._, § 57. - -[936] Sayas, Añales de Aragon, cap. 85, p. 567. - -[937] Archivo hist. nacional, Inquisicion de Valencia, Leg. 5, n. 1, -fol. 298,313, 339, 405.--Portocarrero, _op. cit._, § 58. - -[938] Archivo de Simancas, Inquisicion, Libro 688, fol. 66.--Archivo -hist. nacional, Inquisicion de Valencia, Leg. 1, n. 6, fol. 634; Leg. 8, -n. 2, fol. 73. - -[939] Gomesii de Rebus gestis a Fr. Ximenio, Lib. V, fol. 140. - -[940] Archivo de Simancas, Inquisicion, Libro 688, fol. 529.--Archivo -hist. nacional, Inquisicion de Valencia, Leg. 2, n. 18. - -There was a similar arrangement in Barcelona and, in 1532, the Suprema -orders the inquisitors not to allow familiars to be compelled to pay -this assessment.--Archivo de Simancas, Libro 77, fol. 44. - -[941] Archivo de Simancas, Inquisicion, Libro 19, fol. 289; Libro 688, -fol. 66, 255.--Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, -n. 6, fol. 199. - -[942] Fueros y Actos de Corte in Barbastro y Calatayud, año de 1626 -(Zaragoza, 1627, p. 20).--Archivo gén. de la C. de Aragon, Leg. 528, n. -3. - -[943] Archivo de Simancas, Inquisicion, Libro 20, fol. 54; Libro 62, -fol. 457. - -[944] Archivo gén. de la C. de Aragon, Leg. 528, n. 3. - -[945] Archivo de Simancas, Inquisicion, Lib. 38, fol. 22; Libro 62, fol. -457, 526, 528, 544; Lib. 922, fol. 453. - -[946] Bibl. nacional, MSS., Mm, 464.--Archivo de Simancas, Gracia y -Justicia, Leg. 621, fol. 45, 46. - -[947] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 47, 48. - -[948] Archivo de Simancas, Inquisicion, Libro 939, fol. 63, 64. - -[949] Ibidem, Libro 940, fol. 220, 221. The excommunication _latæ -sententiæ_ worked of itself when the act was committed and did not -require to be published. It was one of the worst ecclesiastical abuses -and during the later middle ages was so lavishly employed that men -scarce knew whether or not they were excommunicate under some mandate of -which they had never heard. - -[950] This abuse existed in England under the name of Purveyance and -Pre-emption, but there it was restricted to the royal household. It -inevitably led to many abuses and was replaced, in 1660, with an excise -on malt and spirituous liquors by 12 Carol. II, cap. 24, §§ 12-27. - -[951] Archivo hist. nacional, Inquisicion de Valencia, Libro 7 de Autos, -Leg. fol. 391, 494; Leg. 2, n. 18; Leg. 13, n. 2, fol. 11. - -[952] Córtes de Leon y de Castilla, T. I, II (Madrid, -1861-3).--Colmeiro, Córtes de Leon y de Castilla, II, 122, 124, 136, -150, 162-3, 181, 193, 201, 277. - -[953] Fueros y Ordinacions del Reyno de Aragon, Lib. VII (Zaragoza, -1624, fol. 131.) - -[954] Arguello, fol. 22. - -[955] Archivo de Simancas, Inquisicion, Libro 1; Libro 939, fol. 144. - -[956] Archivo hist. nacional, Inquisicion de Valencia, Leg. 5, n. 2, -fol. 304. - -[957] Parets, Sucesos de Catalonia (Mem. hist. Español, XX, 150-182; -Appendix, pp. 219, 299, 301, 312). - -[958] Macanaz, Regalías de los Reyes de Aragon, p. 111 (Madrid, 1879). - -[959] Candamo, _op. cit._ (Valladares, Semanario erúd., IV, 13). - -[960] Archivo de Simancas, Inquisicion, Libro 939, fol. 144. - -[961] Fueros y Actos de Corte de Zaragoza, 1645-6 (Zaragoza, 1647, p. -10). - -[962] Archivo gén. de la C. de Aragon, Fondos del Concejo de Aragon, -Leg. 708. - -[963] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 20.--Actos de Corte del Reyno de Aragon, fol. 96 (Zaragoza, 1664). - -[964] Archivo de Simancas, Libro 23, fol. 42; Leg. 1157, fol. 23--Modo -de Proceder, fol. 41-2 (Bibl. nacional, MSS., D, 122). - -[965] Archivo hist, nacional, Inquisicion de Valencia, Leg 2, n. -18.--Archivo de Simancas, Inquisicion, Libro 23, fol. 42. - -[966] Fueros y Actos de Corte, p. 12 (Zaragoza, 1647).--Bibl. nacional, -MSS., D, 118, fol. 122. - -[967] Archivo de Simancas, Libro 26, fol. 69; Libro 66, fol. -78.--Archivo de la C. de Aragon, Fondos del Concejo de Aragon, Leg. 708. - -[968] Archivo hist. nacional, Inquisicion de Valencia, Leg. 2, n. 18. - -[969] Ibidem, Legajo 390. - -[970] Autos Acordados, Lib. VI, Tit. xiv, auto 4. - -[971] Archivo hist. nacional, Inquisicion de Valencia, Legajo 14, n. 2, -fol. 9. - -[972] Ibidem, Legajo 299. - -[973] Autos Acordados, _ubi sup._ - -[974] Archivo hist. nacional, Inquisicion de Valencia, Leg. 4, n. 2, -fol. 79; Leg. 16, n. 5, fol. 4. - -[975] Ibidem, Varios, Leg. 392; Leg. 492, n. 27. - -[976] Ibidem, Leg. 398; Cartas del Consejo, Leg. 17, n. 3, fol. 22. - -[977] See the Author's Inquisition of the Middle Ages, I, 382 _sqq._ - -[978] See for example the _Vida de D. Diego, Duque de Estrada_ (Mem. -hist, español, XII, 47). - -[979] Constitutions de Cathalunya, Lib. IX, Tit. xix, cap. 3, 4 -(Barcelona, 1588, p. 495).--Novís. Recop., Lib. XII, Tit. xix, leyes 2, -8, 15. - -[980] Michael Albert, Repertorium de Pravitate Hæreticorum, s. v. _Arma_ -(Valentiæ, 1494). - -[981] Archivo gén. de la C. de Aragon, Regist. 3684, fol. 89. - -[982] Instrucciones de 1498, § 2 (Arguello, fol. 12). - -[983] Archivo de Simancas, Inquisicion, Libro 3, fol. 96, 125.--Bibl. -national, MSS., D. 118, fol. 20. - -[984] Pragmáticas y altres Drets de Cathalunya, Lib. I, Tit. viii, cap. -1, § 16. - -[985] Archivo de Simancas, Inquisicion, Lib. 933. - -[986] Ibidem, Sala 40, Lib. 4, fol. 98.--Bibl. nacional, MSS., D, 118, -fol. 20. - -[987] Archivo de Simancas, Inquisicion, Lib. 926, fol. 33.--Bibl. -nacional, MSS., D, 118, fol. 20; D, 146.--MSS. of Bodleian Library, -Arch. S, 130. - -This article however was omitted from the Valencia Concordia of 1568. - -[988] Bibl. nacional, MSS., D, 118, fol. 20.--Portocarrero, § 57. - -[989] Bibl. nacional, MSS., D, 146.--Archivo hist. nacional, Inquisicion -de Valencia, Cartas del Consejo, Leg. 5, n. 2, fol. 76. - -[990] Archivo de Simancas, Visitas de Barcelona, Legajo 15, fol. 20. - -[991] Archivo de Simancas, Inquisicion, Libro 19, fol. 161; Libro 927, -fol. 329. - -[992] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 6, -fol. 48, 225. - -[993] Archivo gén. de la C. de Aragon, Leg. 528.--Actos de Corte del -Reyno de Aragon, fol. 94 (Zaragoza, 1664).--Bibl. nacional, MSS., D, 146. - -[994] Archivo hist. nacional, Inquisicion de Valencia, Leg. 8, n. 2, -fol. 405-7. - -[995] Ibidem, Leg. 1, n. 3, fol. 49.--Bibl. nacional, MSS., D, 118, fol. -20; fol. 54, n. 21; Ibidem, D, 146. - -The commission as familiar issued March 7, 1642, by the tribunal of -Toledo to Francisco de Gayeta of Madrid, says "y os damos licencia y -facultad para que podais traer armas, asi ofensivas como defensivas, -publica y secretamente, de dia y de noche, y mandamos en vertud de -santa obediencia y so pena de excomunion mayor y de cincuenta mil mrs. -para gastos desto Santo Oficio, á todas las dichas justicias y á sus -alguaciles, executores y ministros no os toman las dichas armas ni -os quebranten los dichos privilegios y exempciones de que los dichos -familiares pueden y deben gozar, con sus personas y bienes, ni sobre -ello os molesten ni ynquieten en manera alguna." - -[996] Archivo hist. nacional, Inquisicion de Valencia, Leg. 8, n. 2, -fol. 407; Leg. 9, n. 1, fol. 436, 476, 499. - -[997] This was sound inquisitorial law, as the Suprema proved by citing -the authorities. See, for instance, Pegnæ Comment. 105 in Eymerici -Director. P. III and Bordoni Sacrum Tribunal, cap. 40, Q, 16, n. 24. - -[998] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 3, -fol. 49-69. - -[999] Ibidem. - -[1000] Bibl. nacional, MSS., R, 102, fol. 142. - -[1001] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 3, -fol. 49, 59, 64. - -[1002] Novís. Recop., Libro XII, Tit. xix, leyes 16-19. - -[1003] Archivo hist. nacional, Inquisicion de Valencia, Leg. 15, n. 11, -fol. 45. - -[1004] Nueva Recop. Libro VI, Tit. iv, ley 7. - -[1005] Archivo de Simancas, Inquisicion, Libro 979, fol. 26.--Bibl. -nacional, MSS., D, 118, fol. 20. - -[1006] Valencia Concordia of 1568, Art. 14 (MSS. of Bodleian Library, -Arch. S, 130). - -[1007] Ordinacions y Sumari dels Privilegis etc. del Regne de Mallorca, -p. 323 (Mallorca, 1663). - -[1008] Archivo de Simancas, Inquisicion, Libro 36, fol. 92, 98. - -[1009] Ibidem, Libro 49, fol. 240; Libro 23, fol. 42. - -[1010] Archivo de Simancas, Inquisicion, Libro 36, fol. 5, 92.--MSS. of -Royal Library of Copenhagen, 218^{b}, p. 222. - -[1011] Ibidem, Libro 23, fol. 42; Libro 49, fol. 270. - -[1012] Archivo hist. nacional, Inquisicion de Toledo, Legajo 498.--MSS. -of Royal Library of Copenhagen, 218^{b}, p. 182. - -[1013] Novís. Recop., Lib. VI, Tit. vi, ley 7, § 2; ley 14, cap. 35, §§ -4, 28, n. 7. - -[1014] Archivo de Simancas, Inquisicion, Libro 559. - -[1015] For the elaborate process of insaculacion in Catalonia, which -amounted, in some degree, to a primary election, see Capitols de Cort de -1585, cap. 5, 6, 71, 72 (Barcelona, 1685, fol. 5-9, 46). - -[1016] Archivo de Simancas, Inquisicion, Libro 67, fol. 22; Libro 68, -fol. 59. - -[1017] Portocarrero, _op. cit._, § 57.--Archivo de Simancas, -Inquisicion, Libro 68, fol. 61; Libro 919, fol. 59; Inquisicion de -Barcelona, Córtes, Legajo 17, fol. 60. - -[1018] Ibidem, Libro 919, fol. 58, 60, 65. - -[1019] Constitutions de Cathalunya, Lib. I, Tit. lvi, cap. 15. - -[1020] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 20. - -[1021] Constitutions de Cathalunya, Lib. I, Tit. lvi, cap. 16. - -[1022] Archivo de Simancas, _ubi sup._, fol. 56. - -[1023] Ibidem, fol. 2, 28, 5. - -[1024] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 87, 10, 92, 9. - -[1025] Archivo de Simancas, Inq. de Barcelona, Córtes, Leg. 17, fol. 2, -9, 14. - -[1026] Libro XIII de Cartas, fol. 215 (MSS. of American Philosophical -Society). - -[1027] Ordinacions del Reyne de Mallorca, p. 297.--Archivo de Simancas, -Inquisicion, Libro 68, fol. 98; Libro 69, fol. 97. - -[1028] Ibidem, Libro 68, fol. 32, 97, 224. - -[1029] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 9. - -[1030] Modo de Proceder, fol. 40 (Bibl. nacional, MSS., D, 122). - -[1031] Llorente, Hist. crít. Cap. XXVI, Art. ii, n. 11.--Archivo de -Simancas, Inquisicion, Libro 918, fol. 1053. - -[1032] Fueros y Actos de Corte en Zaragoza, 1645-6, pp. 11-12 (Zaragoza, -1647). - -[1033] Archivo hist. nacional, Inquisicion de Valencia, Leg. 299. - -[1034] Novís. Recop., Lib. I, Tit. iv, ley 4. - -[1035] Mendoza, Guerra de Granada, p. 71 (Ed. Ribadeneira). - -[1036] Fueros del Reyno de Aragon, Lib. I, Tit. _De his qui ad -ecclesias_ (Zaragoza, 1624). - -[1037] Archivo de Simancas, Inquisicion, Libro 13, fol. 120. - -[1038] Ibidem, Libro 926, fol. 33. - -[1039] MSS. of Bodleian Library, Arch. S, 130. - -[1040] Archivo de Simancas, Visitas de Barcelona, Leg. 15, fol. 20. - -[1041] MSS. of Bodleian Library, Arch. S, 130. - -[1042] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 28.--Constitutions del Cort de 1599, Const. 50 (Barcelona, 1635, -fol. xvii). - -[1043] Archivo de Simancas, Inquisicion, Libro 32, fol. 109.--Archivo -hist. nacional, Inquisicion de Toledo, Leg. 498. - -[1044] Fueros y Actos de Corte, p. 11 (Zaragoza, 1647). - -[1045] Bibl. nacional, MSS., X, 157, fol. 244. - -[1046] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 3, -fol. 16, 406.--Bibl. nacional, MSS., R, 102, fol. 169. - -[1047] I have considered this subject in some detail in "Studies in -Church History," pp. 177 _sqq._ - -[1048] Breve Memoria (Döllinger, Beiträge zur politischen, kirchlichen -u. Cultur-Geschichte, III, 207). - -[1049] Le Plat, Monument. Concil. Trident., Tom. V, pp. 84, 565. - -[1050] Coleccion de Documentos, V, 83, 85.--See also Carranza, -Comentarios sobre el Catechismo, fol. 230. - -[1051] Ordenamientos Reales, Lib. III, Tit. 1, leyes 4, 5 (Salmanticæ, -1560, pp. 790, 793).--Novís. Recop., Lib. II, Tit. i, leyes 6, 7, 8, 12; -Lib. XII, Tit. xii, ley 6. - -[1052] Novís. Recop., Lib. II, Tit. ii, leyes 2, 3, 4, 6, 9, 10, 11, 18, -22, 23. - -[1053] Archivo de Simancas, Inquisicion, Lib. 32, fol. 19. - -[1054] Instrucciones de 1498, § 2 (Arguello, fol. 12).--Archivo de -Simancas, Inquisicion, Libro 939, fol. 144. - -[1055] Archivo de Simancas, Inquisicion, Libro 1. - -[1056] Ibidem, Libro 13, fol. 385, 386; Lib. 2, fol. 7, 10. - -The tribunal of Murcia possessed a cédula of Ferdinand, February 28, -1505, ordering the payment of a debt to an official in which he used the -expression that inquisitors are judges in all cases of officials and -ministers. This seems to have been regarded as furnishing a foundation -for the subsequent extension of jurisdiction, for the Suprema, November -22, 1635, ordered the original to be sent to it and a transcript was -kept by the tribunal.--MSS. of Royal Library of Copenhagen, 218^{b}, p. -204. - -[1057] Archivo de Simancas, Inquisicion, Libro 3, fol. 104, 151, 242. - -[1058] Bulario de la Orden de Santiago, Lib. I de copias, fol. -219.--Pragmáticas y altres Drets de Cathalunya, Lib. I, Tit. viii, cap. -2. - -[1059] Archivo de Simancas, Inquisicion, Lib. 933. - -[1060] Archivo de Simancas, Inquisicion, Lib. 925, fol. 680. - -[1061] Ibidem, Lib. 3, fol. 452. - -[1062] Archivo de Simancas, Inquisicion, Lib. 9, fol. 1; Lib. 939, fol. -149.--MSS. of Bodleian Library, Arch. S, 130. - -[1063] Archivo de Simancas, Inquisicion, Lib. 939, fol. 147. - -[1064] Ibidem, fol. 144. - -[1065] Ibidem, Vistas de Barcelona, Leg. 15, fol. 20.--A summary of -cases, apparently compiled about 1582, may be found in the Simancas -Archives, Leg. 1465, fol. 79. - -[1066] Archivo de Simancas, Inquisicion, Lib. 7, fol. 6; Lib. 13, fol. -20, 370, 372; Lib. 688, fol. 18; Visitas de Barcelona, Leg. 15, fol. -20.--Archivo hist. nacional, Inquisicion de Valencia, Leg. 5, n. 1, fol. -200.--Bibl. nacional de Lima, Protocolo 223, Expediente, 5288. - -[1067] Archivo de Simancas, Sala 40, Lib. 4, fol. 206. - -[1068] Bibl. nacional, MSS., X, 157, fol. 244. - -[1069] Bibl. nacional, MSS., X, 157, fol. 244.--Archivo de Simancas, -Inquisicion, Lib. 939, fol. 149.--All this shows how mistaken is the -assertion of Llorente (Hist. crít. Cap. XLVII, Art. 1) repeated by -Rodrigo (III, 365) and others, that Charles V, in 1535, suspended the -royal jurisdiction (under which the Inquisition had cognizance of -the affairs of its officials) and restored it in 1545. This action -was confined to the tribunal of Sicily. The anonymous author of the -_Discurso historico-legal sobre el Origen etc. de la Inquisicion_, p. 93 -(Valladolid, 1803) seems to be the only one who has recognized this. - -[1070] Colmeiro, Córtes de Leon y de Castilla, II, 217. - -[1071] Bibl. nacional, MSS., X, 157, fol. 244.--MSS. of Bodleian -Library, Arch. S, 130.--MSS. of Library of Univ. of Halle, Yc, 17. - -[1072] Nueva Recop., Lib. I, Tit. i, ley 18.--Novís. Recop., Lib. II, -Tit. vii, ley 1. - -It is not without interest to observe that the privileges of officials -and familiars of the Roman Inquisition were much more limited than in -Spain. Familiars had no exemption from public burdens or duties or -military service and were subject to the secular courts in all criminal -cases. When, in 1633, those of Jesi asked to have their civil suits -tried by the Inquisition, the Congregation did not even answer them. The -only officials entitled to the _forum_ were those in continual active -service, and there is nothing said about wives, children and servants -sharing in the privilege. As in Spain, the number of familiars was -excessive. Faenza was allowed 50, Ancona 40 and Rimini 30.--Decret. -Sacr. Congr. S^{ti} Officii, pp. 197-8, 200 (R. Archivio di Stato in -Roma, Fondo Camerale, Congr. del S. Offizio, vol. 3). - -[1073] The only allusion that I have met to this is its citation in the -argument of the alcaldes del crimen of Granada in the case of Gerónimo -Palomino. A copy is in Bodleian Library, Arch. S, 130. - -[1074] MSS. of the Royal Library of Copenhagen, 218^{b}, p. 202. - -[1075] Bibl. nacional, MSS., X, 157, fol. 144.--Novís. Recop., Lib. II, -Tit. viii, ley 10. - -[1076] See the case of Montalvo and del Aguila, in 1642, when the -arguments mainly turn on this point (MSS. of Bodleian Library, Arch. -S, 130). Also that of Francisco Cases, about 1650, when both sides -were able to cite precedents in their favor.--Arch. hist. nacional, -Inquisicion de Valencia, Leg. 1, n. 1, fol. 638. - -[1077] MSS. of Royal Library of Copenhagen, 218^{b}, p. 125. - -[1078] Archivo de Simancas, Inquisicion, Lib. 38, fol. 264.--Nueva -Recop., Lib. V, Tit. xxi, Declaraciones, ley 21, §§ 9, 10.--Autos -Acordados, Lib. V, Tit. xxi, Autos 13, 16, 21, 22, 25. - -[1079] Autos Acordados, Lib. IX, Tit. viii, Auto 6.--Archivo hist. -nacional, Inquisicion de Valencia, Leg. 10, n. 2, fol. 146.--MSS. of -Royal Library of Copenhagen, 218^{b}, p. 265. - -[1080] Archivo de Simancas, Inquisicion, Libro 23, fol. 42.--Ibidem, -Inquisicion de Barcelona, Córtes, Legajo 1, fol. 45. - -[1081] Ibidem, Sala 40, Lib. 4, fol. 107. - -[1082] Archivo de Simancas, Inquisicion, Lib. 922, fol. 17; Inquisicion -de Barcelona, Córtes, Leg. 17, fol. 75. - -[1083] MSS. of Bodleian Library, Arch. S, 130. - -[1084] Archivo de Simancas, Inquisicion, Sala 40, Lib. 4, fol. 247. - -[1085] Relazioni Venete, Serie I, T. V, p. 86. - -[1086] Gachard, Don Carlos et Philippe II, T. I, pp. 100-2. - -[1087] Archivo de Simancas, Inquisicion, Libro 13, fol. 370-2. - -[1088] MSS. of Bodleian Library, Arch. S, 130. - -[1089] Archivo de Simancas, Inquisicion, Libro 688, fol. 59. - -[1090] Rojas de Hæreticis, P. I, n. 446. - -[1091] Archivo hist. nacional, Inquisicion de Valencia, Cartas del -Consejo, Leg. 5, n. 1, fol. 150. - -[1092] Ibidem. - -[1093] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. -1, fol. 766; Leg. 8, n. 2, fol. 171, 172, 200, 219, 277, 322, 440, -442.--Archivo de Simancas, Inquisicion, Lib. 20, fol. 134-42. - -[1094] Archivo de Simancas, Inquisicion, Lib. 38, fol. 14. - -[1095] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 3, -fol. 26. - -[1096] Blancas, Aragonensium Rerum Commentarii, p. 26 (Cæsaraugustæ, -1598).--Julian Ribera, Orígines del Justicia de Aragon (Zaragoza, 1897). - -[1097] Fueros y Observancias del Reyno de Aragon, Lib. I, fol. 21-3; -Lib. III, fol. 69-84 (Zaragoza, 1624).--Actos de Cortes del Reyno de -Aragon, fol. 1 (Zaragoza, 1664).--Blancas, _op. cit._, p. 361. - -[1098] Ribera, _op. cit._, p. 182.--Blancas, _op. cit._, p. -499.--Argensola, Informacion de los Sucesos del Reino de Aragon, cap. -xlv, lv (Madrid, 1808). - -[1099] Blasco de Lanuza, Historias de Aragon, II, 143 (Zaragoza, -1622).--Blancas, _op. cit._, Epist. prælim., p. 2.--Macanaz, Regalías de -los Reyes de Aragon, pp. 85, 91. - -[1100] Fueros y Observancias del Reyno de Aragon, Lib. I, fol. -23.--Dormer, Añales de Aragon, Lib. II, cap. ix.--Blancas, _op. cit._, -pp. 350-1.--Archivo de la Corona de Aragon, Leg. 528, n. 4.--Archivo de -Simancas, Sala 40, Lib. 4, fol. 262.--Bibl. nacional, MSS., Mm, fol. 122. - -[1101] MS. _penes me._ - -[1102] Archivo de Simancas, Inquisicion, Libro 78, fol. 145, 192. - -[1103] Bulario de la Orden de Santiago, Lib. I de copias, fol. -219.--Archivo de Simancas, Inquisicion, Lib. 922, fol. 12. - -[1104] Actos de Corte del Reyno de Aragon, fol. 94-6 (Zaragoza, 1664). - -[1105] Bibl. nacional, MSS., D, 118, fol. 108, n. 38; Dd, 145, fol. 352. - -[1106] Archivo de Simancas, Inquisicion, Lib. 82, fol. 84.--Fueros de -Aragon, fol. 222 (Zaragoza, 1624). Cf. Dormer, Añales de Aragon, Lib. -II, cap. xxxviii. - -[1107] Bibl. nacional, MSS., Mm, 464. - -[1108] Archivo de Simancas, Inquisicion, Libro 30, fol. 474. - -[1109] Fueros y Actos de los Córtes de Barbastro y de Calatayud, pp. -20-22, 55-6 (Zaragoza, 1626).--Archivo de la Corona de Aragon, Leg. -528.--Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 1, -fol. 12. - -[1110] Archivo de la Corona de Aragon, Leg. 528, n. 4.--Archivo de -Simancas, Inquisicion, Sala 40, Lib. 4, fol. 127; Lib. 38, fol. 205, -209, 262, 280, 290. - -[1111] Archivo de Simancas, Inq., Gracia y Justicia, Leg. 621, fol. 90. - -[1112] Archivo gén. de la C. de Aragon, Leg. 528. - -[1113] Archivo gén. de la C. de Aragon, Leg. 528. - -[1114] Bibl. nacional, MSS., Mm, 122. - -[1115] Fueros y Actos de Corte en 1645 y 1646, pp. 1-2, 11-12 (Zaragoza, -1647). - -[1116] Bibl. nacional, MSS., D, 118, fol. 122 (see Appendix).--Joaquin -Sánchez de Toca, Felipe IV y Sor María de Agreda, p. 282 (Madrid, 1887). - -[1117] Archivo gén. de la C. de Aragon, Leg. 528.--Llorente tells us -(Hist, crít., Cap. xxxviii, Art. 1, n. 27) that Choved (or Gobea) was -caught and tried but escaped the gallows by steadfast denial under -repeated torture. - -[1118] Archivo de Simancas, Inquisicion, Libro 37, fol. 379. - -[1119] Archivo de Simancas, Inquisicion, Lib. 38, fol. 22. - -[1120] Archivo gén. de la C. de Aragon, Legajo 528. - -[1121] Archivo de Simancas, Inquisicion, Lib. 27, fol. 242. - -[1122] Ibidem, Inquisicion de Barcelona, Córtes, Leg. 17, fol. -15.--Archivo gén. de la C. de Aragon, Leg. 708. - -[1123] Archivo de Simancas, Inquisicion, Libro 933. - -[1124] Ibidem, Lib. 3, fol. 308, 309; Lib. 72, fol. 2. - -[1125] Pragmáticas y altres Drets de Cathalunya, Lib. II, Tit. viii, § -3.--Archivo de Simaricas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 39, 41. - -[1126] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 5. - -[1127] Constitutions de Cathalunya superfluas, Lib. I, Tit. iv -(Barcelona, 1589). - -[1128] Archivo de Simancas, Inquisicion, Lib. 930, fol. -49.--Portocarrero, § 78. - -[1129] Archivo de Simancas, Inquisicion, Visitas de Barcelona, Leg. 15, -fol. 2. - -[1130] Ibidem, Inquisicion de Barcelona, Córtes, Leg. 17, fol. 9. - -[1131] Archivo de Simancas, Visitas de Barcelona, Leg. 15, fol. 20. - -[1132] Ibidem, Inquisicion de Barcelona, Córtes, Leg. 17, fol. 74. - -[1133] Ibidem, fol. 20, 81. - -[1134] Archivo de Simancas, Inquisicion, Lib. 65, fol. 184. - -[1135] Valladares, Semanario erúdito, XXVIII, 219.--Salgado de Somoza, -de Retentione Bullarum, P. II, cap. xxxiii, n. 137-8.--Relazioni Venete, -Serie I, T. VI, p. 367. - -[1136] Archivo de Simancas, Inquisicion, Lib. 82, fol. 52; Lib. 65, fol. -184. - -[1137] Cabrera, Relaciones, p. 31. - -[1138] Constitutions fets en la primera Cort celebra als Cathalans en -lo any de 1599 (Barcelona, 1603).--Archivo de Simancas, Inquisicion de -Barcelona, Córtes, Leg. 17, fol. 2, 5, 28. - -[1139] Archivo de Simancas, _loc. cit._, pp. 2, 5, 44. - -[1140] Bofarull y Broca, Historia de Cataluña, VII, 282-3. - -[1141] Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 9, 67. - -[1142] Archivo de Simancas, Inquisicion, Libro 30, fol. 474; Inquisition -de Barcelona, Córtes, Leg. 17, fol. 18, 67, 87. - -[1143] Archivo de la Corona de Aragon, Fondos del Consejo de Aragon, -Leg. 708.--Archivo de Simancas, Inquisicion, Lib. 21, fol. 84.--MSS. of -Library of Univ. of Halle, Yc, 17. - -[1144] Parets, Sucesos de Cataluña (Mem. hist. español, XX, -91).--Archivo de Simancas, Inquisicion de Barcelona, Córtes, Leg. 17, -fol. 15, 18, 19. - -[1145] Archivo de Simancas, Inquisicion, Lib. 21, fol. 83. - -[1146] Archivo hist. nacional, Inquisicion de Valencia, Leg. 9, n. 1, -fol. 561, 572, 573, 575. - -[1147] Parets, Sucesos de Cataluña (Mem. hist. español, Tom. XX, 164-82; -Append. 299, 301, 318, 426; Tom. XXI, Append. 158, 193, 409; Tom. XXII, -10, 27; Tom. XXV, Append. 290.) - -[1148] Parets, Tom. XXII, p. 30; Append. p. 243.--Archivo de Simancas, -Inquisicion, Lib. 33, fol. 675. - -[1149] Parets, T. XXII, Append. pp. 308, 330; XXV, Append. pp. 391, 403. - -[1150] Archivo de Simancas, Inquisicion, Lib. 33, fol. 175, 830; Lib. -21, fol. 309. - -[1151] Parets, Tom. XXIV, p. 316.--Archivo de Simancas, Lib. 65, fol. 41. - -[1152] Archivo de Simancas, Inquisicion, Lib. 65, fol. 41, 48; Lib. 22, -fol. 83. - -[1153] Ibidem, Lib. 65, fol. 31, 50; Lib. 36, fol. 74.--Archivo hist. -nacional, Inquisicion de Valencia, Leg. 9, n. 2, fol. 323. - -[1154] Parets, T. XXIV, pp. 137, 147, 296.--Proceso contra Anthoni -Morell (MSS. of Am. Philos. Society). - -[1155] Parets, T. XXV, p. 142. - -[1156] Archivo de Simancas, Inquisicion, Lib. 38, fol. 390. - -[1157] Archivo de Simancas, Inquisicion, Lib. 65, fol. 81. - -[1158] Parets, T. XXV, p. 171.--MSS. of Am. Philos. Society. - -[1159] MSS. of Library of Univ. of Halle, Yc, 17. - -[1160] Archivo gén. de la C. de Aragon, Fondos del Consejo, Leg. -708.--Libro XIII de Cartas (MSS. of Am. Philos. Society). - -[1161] Libro XIII de Cartas, p. 240. - -[1162] Bibl. nacional, MSS., PV, 3, n. 69.--Libro XIII de Cartas (_ubi -sup._). - -[1163] Archivo gén. de la C. de Aragon, Leg. 528. (The alguazil mayor -was usually a man of rank.) - -[1164] Archivo gén. de la C. de Aragon, Leg. 708.--Archivo de Simancas, -Inquisicion, Libro 66, fol. 179, 189, 228, 252, 283.--Bofarull y Broca, -Hist. de Cataluña, VIII, 385. - -[1165] MSS. of Library of Univ. of Halle, Yc, 17. - -[1166] Archivo de Simancas, Inquisicion, Lib. 66, fol. 460. - -[1167] Capitols de Cort en lo any 1706, cap. 34 (Barcelona, 1706, p. 70). - -[1168] Archivo hist. nacional, Inquisicion de Valencia, Seccion Varios, -Leg. 390. - -[1169] Ibid., Legajo 13.--Archivo de Simancas, Inquisicion, Sala 39, -Leg. 4, fol. 23. - -[1170] Portocarrero, §§ 21, 22. - -[1171] Portocarrero §§ 51, 54, 58, 60, 61, 65, 96, 97. - -[1172] Lafuente, Hist. gén. de España, XIV, 417, 432. - -[1173] This account is derived from the printed argument of the -alcaldes, a very temperate and manly document, of which a copy is in the -Bodleian Library, Arch. S, 130. - -[1174] Archivo de Simancas, Gracia y Justicia, Leg. 621, fol. 5. - -[1175] Archivo de Simancas, Gracia y Justicia, Leg. 621, fol. 45, 47. - -[1176] MSS. of Royal Library of Copenhagen, 218^{b}, p. 349. - -[1177] Archivo de Simancas, Gracia y Justicia, Leg. 621, fol. 30-45. - -[1178] The three passages cited were Simancas, de Cathol. Institt. Tit. -xxxiv, n. 6; Sousa, Aphorismi Inquisit. Lib. I, cap. 1, n. 16, and Peña -in Eymerici Directorium, P. III, Comment. 61. Of the three Sousa comes -nearest to supplying what was wanted in saying that the officials of the -Inquisition are punishable, for official delinquencies, by those who -appoint them. - -[1179] Bibl. nacional, MSS., X, 157, fol. 244; D, 118, fol. 151, 188. - -[1180] Consulta Magna (Bibl. nacional, MSS., Q, 4). - -[1181] Archivo de Simancas, Inquisicion, Libro 20, fol. 138. - -[1182] Ricci, Synopsis Decretorum S. Congr. Immunitatis s. v. _Testis_, -n. 1. - -[1183] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 1, -fol. 157. - -[1184] Ibidem, Leg. 1, n. 3, fol. 3, 11, 25. - -[1185] Archivo de Simancas, Inquisicion, Lib. 13, fol. 145. - -[1186] Modo de Proceder, fol. 27-9 (Bibl. nacional, MSS., D, 122). The -date of this is 1645. - -[1187] Actos de Corte del Reyno de Aragon, fol. 96 (Zaragoza, 1664). - -[1188] Archivo de Simancas, Inquisicion, Lib. 926, fol. 27. - -[1189] These details are furnished by a memorial to the king, a copy of -which is in the Bodleian Library, Arch. S, 130. - -[1190] Bravo, Catálogo de los Obispos de Córdova, p. 580. - -[1191] Archivo de Simancas, Inquisicion, Lib. 29, fol. 177; Lib. 30, -fol. 1 (see Appendix). - -[1192] Ibidem, Lib. 30, fol. 108.--MSS. of Royal Library of Copenhagen, -218^{b}, p. 348. - -[1193] Archivo de Simancas, Inquisicion, Lib. 52, fol. 34. - -[1194] Archivo de Simancas, Inquisicion, Lib. 21, fol. 346; Lib. 52, -fol. 26, 37; Lib. 54, fol. 64.--Bullar. Roman., V, 367. - -[1195] Archivo de Simancas, Inquisicion, Lib. 52, fol. 86. - -[1196] Archivo de Simancas, Inquisicion, Lib. 25, fol. 23, 54, 86-105; -Lib. 52, fol. 53, 86, 92, 100, 125, 335. - -[1197] Ibidem, Lib. 52, fol. 335. - -[1198] Archivo de Simancas, Inquisition, Lib. 52, fol. 292, 312, 335. - -[1199] Archivo de Simancas, Inquisicion, Lib. 940, fol. 161; Lib. 21, -fol. 300. - -[1200] Ibidem, Legajo 1473. - -[1201] Ibidem, Lib. 3, fol. 425. - -[1202] Archivo de Simancas, Inquisicion, Lib. 927, fol. 323. - -[1203] Ibidem, Lib. 940, fol. 161. - -[1204] Ibidem, Lib. 52, fol. 222. - -[1205] Cabrera, Felipe Segundo, Lib. X, cap. xviii. - -[1206] Archivo de Simancas, Visitas de Barcelona, Leg. 15, fol. 1, 20. - -[1207] Archivo de Simancas, Inquisicion, Lib. 926, fol. 19.--Archivo -hist. nacional, Inquisicion de Valencia, Leg. 1, n. 1. - -[1208] Modo de Proceder, fol. 31-9, 86-97 (Bibl. nacional, MSS., D, -122).--Archivo hist. nacional, Inquisicion de Valencia, Leg. 365, n. -45.--Archivo de Simancas, Inquisicion, Lib. 926, fol. 23.--Rojas de -Hæret. P. I, n. 442. - -[1209] Llorente, Hist. crít. Cap. XXVII, Art. 1. n. 3, 4. - -[1210] Consulta Magna (Bibl. nacional, MSS., Q, 4). - -[1211] Bibl. nacional, MSS., D, 118, fol. 188. - -[1212] Autos Acordados, Lib. IV, Tit. 1, Auto 4, cap. 13, 14, 18.--Novís -Recop. Lib. II, Tit. vii, ley 5.--Archivo de Simancas, Inquisicion, Leg. -1465, fol. 99. - -[1213] I am not aware that this interesting document has been printed. -There are copies of it in the Bibl. nacional, MSS., Q, 4, and G, 344, -and in the Library of the University of Halle, Yc, 17. - -[1214] Llorente, Hist. crít. Cap. XXVI, Art. ii, n. 35; Cap. XXXIX, Art. -ii, n. 17. - -[1215] Riol, Informe (Semanario erúdito, III, 157). - -[1216] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 3, -fol. 16. - -[1217] Archivo hist. nacional, Inquisicion de Valencia, Leg. 10, n. 2, -fol. 178. - -[1218] Bibl. nacional, MSS., R, 102, fol. 147-60. - -[1219] Autos Acordados, Lib. IV, Tit. i, Gloss 1. - -[1220] Archivo de Alcalá, Hacienda, Leg. 544^{1} (Libro 10). - -[1221] Ibidem, Estado, Leg. 2843. - -[1222] Archivo hist. nacional, Inquisicion de Valencia, Leg. 14, n. 3, -fol. 132. - -[1223] Ibidem, Leg. 1, n. 3, fol. 3, 16. - -[1224] Novís. Recop., Lib. II, Tit. vii, leyes 9, 10. - -[1225] Archivo hist. national, Inquisicion de Valencia, Leg. 15, n. 11, -fol. 45. - -[1226] Archivo de Simancas, Inquisicion, Lib. 13, fol. 16.--Proceso -contra Joaquin de Tunes (MSS. of Am. Philos. Society). - -[1227] Actos de Corte del Reyno de Aragon, fol. 96 (Zaragoza, 1664). - -[1228] Archivo de Simancas, Inquisicion, Lib. 942, fol. 22. - -[1229] Ibidem, Visitas de Barcelona, Leg. 17, fol. 20. - -[1230] Modo de Proceder, fol. 21-29 (Bibl. nacional, MSS., D, -122).--Archivo hist. nacional, Inquisicion de Toledo, Leg. 498. - -[1231] Portocarrero, _op. cit._, fol. 47, 48. - -[1232] Archivo hist. nacional, Inquisicion de Valencia, Leg. 16, n. 5, -fol. 25, 27, 39, 52, 72. - -[1233] Ibidem, Leg. 17, n. 3, fol. 10. - -[1234] Archivo de Simancas, Inquisicion, Lib. 559. - -[1235] Ibidem, Lib. 890. - -[1236] Ibidem, Lib. 890; Lib. 435^{2}. - -[1237] Ibidem, Lib. 890. - -[1238] Portocarrero, _op. cit._, fol. 52. - -[1239] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 3, -fol. 49; Leg. 8, n. 1, fol. 422, 423; Libro 7 de Autos, Leg. 2, fol. 178. - -[1240] Archivo de Simancas, Inquisicion, Leg. 1465, fol. 79.--MSS. of -Royal Library of Copenhagen, 218^{b}, p. 351. - -[1241] Autos Acordados, Lib. IV, Tit. 1, Auto 3 (Nueva Recop., Lib. II, -Tit. vii, ley 3). - -[1242] Archivo de Simancas, Inquisicion, Leg. 1465, fol. 42. - -[1243] Archivo de Simancas, Inquisicion, Leg. 1465, fol. 47; Lib. 918, -fol. 830.--Bibl. nacional, MSS., R, 102, fol. 157-8.--Autos Acordados, -Lib. IV, Tit. 1, Auto 5. - -[1244] Novís. Recop., Lib. II, Tit. vii, ley 5. - -[1245] Autos Acordados, Lib. IV, Tit. 1, Gloss 1. - -[1246] Novís. Recop., Lib. IV, Tit. 1, ley 18. - -[1247] Archivo de Simancas, Gracia y Justicia, Leg. 621, fol. 82; -Inquisicion, Leg. 1465, fol. 50.--Llorente, Hist. crít., Cap. XXVI, Art. -ii, n. 3. - -[1248] Archivo de Simancas, Inquisicion, Lib. 21, fol. 127. - -[1249] Autos Acordados, Lib. IV, Tit. 1, Auto 10.--Archivo de Simancas, -Inquisicion, Leg. 1465, fol. 41. - -[1250] Floridablanca, Memorial á Carlos III (MS. _penes me_). - -[1251] Archivo de Simancas, Libro 939, fol. 64. - -[1252] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, -fol. 44. - -[1253] Cartas de Jesuitas (Mem. hist. español, XVI, 366). - -[1254] Archivo de Simancas, Inquisicion, Sala 40, Lib. 4, fol. 141-7. - -[1255] Ibidem, fol. 179, 182, 195-6, 199, 201, 205, 212, 217. - -[1256] Ibidem, fol. 255-61; Visitas de Barcelona, Leg. 15, fol. 2. - -[1257] Archivo de Simancas, Inquisicion, Visitas de Barcelona, Leg. 15, -fol. 20. - -[1258] MSS. of Royal Library of Copenhagen, 218^{b}, p. 125.--Archivo de -Simancas, Inquisicion, Lib. 32, fol. 109, 117. - -[1259] Archivo de Simancas, Inquisicion de Logroño, Leg. 1, n. 21, 22; -Inquisicion, Leg. 1157, fol. 90. - -[1260] Modo de Proceder, fol. 43 (Bibl. national, MSS., D, 122). - -[1261] Discurso en razon del acuerdo que se puede tomar entre las -jurisdicciones (MSS. of Bodleian Library, Arch. Seld. A. Subt. 13; Arch. -S, 130). - -[1262] MSS. of Royal Library of Copenhagen, 218^{b}, p. 201. - -[1263] Archivo de Sevilla, Seccion primera, Carpeta X, n. 213 (Sevilla, -1860). - -[1264] Arguello, fol. 23.--MSS. of Royal Library of Copenhagen, 218^{b}, -p. 221. - -[1265] Archivo de Simancas, Inquisicion, Libro 27, fol. 88. - -[1266] Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 3. -fol. 16. - -[1267] Ibidem, Leg. 5, n. 2, fol. 157, 158.--Archivo de Simancas, -Inquisicion, Lib. 940, fol. 172. - -[1268] Archivo hist. nacional, Inquisicion de Toledo, Leg. 498. - -[1269] Archivo de Simancas, Inquisicion, Lib. 926, fol. 15-26. - -[1270] Archivo hist. national, Inquisicion de Valencia, Leg. 10, n. 2, -fol. 178. - -[1271] Archivo de Simancas, Inquisicion, Sala 40, Lib. 4, fol. 215. - -[1272] Ibidem, fol. 180. - -[1273] Proceso contra Juan Requesens (MSS. of Am. Philos. Society). - -[1274] Bibl. nacional, MSS., Mm, 464.--Archivo gén. de la C. de Aragon, -Leg. 528.--Archivo de Simancas, Lib. 27, fol. 88. - -[1275] Archivo de Simancas, Inquisicion, Leg. 1157, fol. 90. - -[1276] Dépêches de M. de Fourquevaux, I, 166 (Paris, 1896). - -[1277] Modo de Proceder, fol. 41-2 (Bibl. nacional, MSS., D, -122).--Archivo de Simancas, Inquisicion, Lib. 23, fol. 45, 57. - -[1278] Discurso historico-legal sobre el Origen, Progresos y Utilidad -del Santo Oficio, Introd. pp. i-iv, p. 139 (Valladolid, 1803) - -[1279] Bibl. nacional, MSS., Tj, 28.--Llorente, Añales, I, 252. - -[1280] Archivo de Alcalá, Hacienda, Leg. 1049. - -[1281] Archivo de Simancas, Inquisicion, Lib. 940, fol. 58. - -[1282] Páramo, pp. 224-6. - -[1283] Franchina, Breve Rapporto della Inquisizione di Sicilia, p. -98.--Juan Gómez de Mora, Relacion del Auto de Fe celebrado en Madrid, -este año de 1632 (Madrid, 1632). - -[1284] Archivo hist. nacional, Inquisicion de Valencia, Leg. 4, n. 3, -fol 70; Leg. 17, n. 3, fol. 5. - -[1285] Boletin, XV, 333-45; XXIII, 415-16.--Llorente, Añales, I, 253. - -[1286] Carbonell de Gestis Hæreticor. (Coll. de Doc. de la C. de Aragon, -XXVIII, 137, 139).--Archivo de Simancas, Inquisicion, Lib. 72, P. I, -fol. 61; P. II, fol. 72, 110. - -[1287] Bibl. nacionale de France, fonds español, 80, fol. 44.--Llorente, -Añales, II, 242. - -[1288] Archivo de Simancas, Inquisicion, Visitas de Barcelona, Leg. 15, -fol. 4.--Proceso contra Estevan Ramoneda, fol. 72 (MSS. of Am. Philos. -Society). - -[1289] Archivo de Simancas, Inquisicion, Lib. 1; Leg. 1465, fol. 32; -Lib. 56, fol. 605, Llorente, Añales, II, 5. - -[1290] Llorente, Añales, I, 213, 252; II, 3.--Archivo de Simancas, -Inquisicion, Lib. 4, fol. 1, 7, 104, 159, 162; Lib. 5, fol. 24; Lib. 73, -fol. 211; Lib. 76, fol. 51, 53; Lib. 78, fol. 216, 258; Lib. 79, fol. -17, 226; Lib. 80, fol. 1. - -[1291] Archivo de Simancas, Inquisicion, Lib. 2, fol. 8; Lib. 74, fol. -120.--Informe de Quesada (Bibl. nacional, MSS., Tj, 28). - -[1292] W. de Gray Birch, Catalogue of MSS. of the Inquisition in the -Canary Islands, I, xvi, 5, 6 (London, 1903). - -[1293] Archivo de Simancas, Inquisition, Lib. 939, fol. 62. - -[1294] Matute y Luquin, Autos de Fe de Córdova, pp. 1, 75. - -[1295] MSS. of Library of Univ. of Halle, Yc, 20, Tom. III.--Archivo -hist. nacional, Inquisicion de Toledo, Leg. 113, n. 6. - -[1296] MSS. of Royal Library of Copenhagen, 218^{b}, p. 206.--MSS. of -Library of Univ. of Halle, Yc, 20, T. VII. - -[1297] MSS. of Library of Univ. of Halle, Yc, 20, Tom. VI, X. - -[1298] Rodríguez de Villa, La Corte y Monarquia de España, p. -47.--Cartas de Jesuitas (Mem. hist. español, XIV, 6). - -[1299] MSS. of Library of Univ. of Halle, Yc, 20, Tom. IX, VI. - -[1300] Bibl. nacional, MSS., D, 118, fol. 146, n. 49. - -[1301] Archivo de Simancas, Inquisicion, Lib. 1024, fol. 28. - -[1302] Archivo de Simancas, Inquisicion, Leg. 1474, fol. 67.--Archivo -hist. nacional, Inquisicion de Toledo, Leg. 1. - -[1303] Archivo de Alcalá, Estado, Leg. 2843.--Archivo de Simancas, -Inquisicion, Leg. 1474, fol. 15. - -[1304] Archivo de Simancas, Inquisicion, Lib. 3, fol. 84, 440, 445, -454; Lib. 4, fol. 9; Lib. 933; Lib. 939, fol. 63, 139; Lib. 9, fol. 29; -Leg. 1157, fol. 144; Inquisicion de Corte, Leg. 359, fol. 3.--Llorente, -Añales, II, 3. - -[1305] Archivo de Simancas, Inquisicion, Lib. 1. - -[1306] Llorente, Añales, II, 4. - -[1307] Archivo de Simancas, Inquisicion, Lib. 940, fol. 38, 39, 53; Lib. -76, fol. 74. - -[1308] Archivo de Simancas, Inquisicion, Lib. 930, fol. 127; Lib. 926, -fol. 141; Lib. 940, fol. 101.--Cf. Novís. Recop. Lib. II, Tit. vii, ley -1, nota 9. - -[1309] Schäfer, Beiträge, II, 76, 77.--Llorente, Hist. crít. Cap. XLVI, -Art. i, n. 11. - -[1310] Archivo de Simancas, Inquisicion, Lib. 926, fol. 80. - -[1311] Llorente, Añales, II, 242. - -[1312] Arguello, fol. 1.--Archivo de Simancas, Inquisicion, Lib. 1; -Lib. 929, fol. 297; Sala 40, Lib. 4, fol, 164.--Llorente, Añales, II, -2.--Rodrigo, Hist, verdadera, II, 261.--Juan Gómez de Mora, Relacion del -Auto de la Fe de 1632. - -[1313] Archivo de Simancas, Inquisicion, Lib. 1; Lib. 3, fol. 381. - -[1314] Bibl. nationale de France, fonds espagnol, 80, fol. 24, -26.--Archivo de Simancas, Inquisition, Lib. 1; Lib. 72, P. I, fol. 2, -177, 198; Lib. 9, fol. 24, 68; Lib. 77, fol. 53. - -[1315] Archivo de Alcalá, Hacienda, Leg. 498. - -[1316] Archivo de Simancas, Inquisicion, Lib. 1; Lib. 3, fol. 447; Lib. -5, fol. 9, 27.--Llorente, Añales, II, 3.--Miscelanea de Zapata (Mem. -hist. español, XI, 59). - -[1317] Archivo de Simancas, Patronato Real, Inquisicion, Leg. único, -fol. 28.--Archivo gén. de la C. de Aragon, Regist. 3684, fol. -94.--Archivo de Simancas, Inquisicion, Lib. 4, fol. 1; Legajo 1465, fol. -31, 32.--Cabrera, Relaciones, p. 107. - -[1318] Archivo de Simancas, Inquisicion, Lib, 4, fol. 95, 96; Lib. -3, fol. 453.--Archivo hist. nacional, Inquisicion de Valencia, Leg. -61.--Gams, Series Episcoporum, p. 55. - -[1319] Archivo de Simancas, Inquisicion, Lib. 3, fol. 316, 366; Lib. 72, -P. I, fol. 116; Lib. 73, fol. 142, 247, 248.--Archivo hist. nacional, -Inquisicion de Toledo, Leg. 498. - -[1320] Páramo, p. 159.--Llorente, Añales, II, 91.--Archivo de Simancas, -Inquisition, Lib. 3, fol. 453. - -[1321] Llorente, Añales, II, 5.--Archivo de Simancas, Inquisicion, Lib. -3, fol. 332, 333. - -[1322] Informe de Quesada (Bibl. nacional, MSS., Tj, 28). - -[1323] Carbonell de Gestis Hæret. (_op. cit._ XXVIII, 83).--Archivo de -Simancas, Inquisicion, Lib. 72, P. II, fol. 57, 59; Lib. 930, fol. 40; -Lib. 13, fol. 372. - -[1324] Bergenroth, Calendar of Spanish State Papers, I, xlv (London, -1862). - -[1325] Colmenares, Historia de Segovia, Cap. xxxiv, § 18.--Padre Fidel -Fita (Boletin, XXIII, 415).--Llorente, Añales, II, 3.--Proceso contra -Mari Naranja; Proceso contra Catalina Machado (MSS. _penes me_). - -[1326] Llorente, Añales, I, 217, 317, II, 3.--Archivo de Simancas, -Inquisicion de Corte, Leg. 359, fol. 1. - -[1327] Archivo de Simancas, Inquisicion, Lib. 9, fol. 24; Lib. 926, fol. -141. - -[1328] Archivo de Simancas, Inquisicion, Lib. 65, fol. 31, 50; Lib. 36, -fol. 74.--Archivo hist. nacional, Inquisicion de Valencia, Leg. 9, n. 2, -fol. 323. - -[1329] Archivo gén. de la C. de Aragon, Regist. 3684.--Archivo de -Simancas, Inquisicion, Lib. 2, fol. 16; Lib. 72, P. II, fol. 40, 169; -Lib. 74, fol. 133; Inquisicion de Barcelona, Cortes, Leg. 17, fol. 47, -48. - -[1330] Archivo de Simancas, Inquisicion, Lib. 939, fol. 62.--MSS. of -Library of Univ. of Halle, Yc, 20, Tom. VIII. - -[1331] Proceso contra Ignacia----; contra Estevanillo F. (MSS. of Am. -Philos. Society).--Archivo hist. nacional, Inquisicion de Valencia, -Seccion Varios, Leg. 13.--Archivo de Simancas, Inquisicion, Sala 39, -Leg. 4, fol. 23. - -[1332] Archivo de Simancas, Inquisicion, Lib. 1; Lib. 4, fol. 1; -Lib. 929, fol. 63.--MSS. of Library of Univ. of Halle, Yc, 20, T. -VIII.--Llorente, Añales, II, 3.--Bibl. nationale de France, fonds -espagnol, 354, fol. 242. - -[1333] Informe de Quesada (Bibl. nacional, MSS., Tj., 28).--Llorente, -Añales, I, 252.--Archivo de Simancas, Inquisicion, Lib. 3, fol. 423. - -[1334] Coleccion de Cédulas, IV, 388, 400 (Madrid, 1829). - -[1335] As an incident to this fictitious valuation of the vellón -coinage, counterfeiting flourished to an enormous extent, unrepressed -by the severest penalties. The importation of coins manufactured abroad -added to the confusion, for it was too lucrative to be prevented by -even the most rigorous measures. In 1614 a chronicler states that since -the recent doubling of the nominal value of the _cuartos_ five or six -millions in vellón money had been brought from England and Holland, -stowed in vessels under wheat. It was exchanged for silver at 30 per -cent. discount and the silver exported. The remedy devised was to bring -inland twenty leagues from the coast the foreign traders engaged in the -business, but this remedy was found to be worse than the disease and was -abandoned (Cabrera, Relaciones, pp. 551, 553). We shall see hereafter -that the Inquisition was invoked to put an end to this traffic. - -[1336] Under these perpetual changes it will be readily understood how -difficult it is to estimate values at any special period. In a document -of 1670 I find the _doblon_ converted into _reales de vellón_ at the -rate of 1 to 81, although in this case the _doblon_ was of 4 _pesos_ -or 32 _reales de plata_. Similar to this is the conversion in another -item of 162 _reales de plata_ into 405 _reales de vellón_, showing that -vellón was at a discount of 60 per cent. or specie at a premium of -150.--Arch. de Simancas, Inquisicion, Leg. 1476, fol. 2, 61. - -The unutterable confusion produced by these sudden and arbitrary changes -in the legal value of the coinage is illustrated by a contention, in -1683, between the auditor-general and the receiver-general of the -Suprema, respecting the accountability of the latter for funds on hand -and receipts and payments at the time when the _pragmática_ of February -10, 1680, went into effect, involving points of which the equities were -not easy to determine.--Ibid., Leg. 1480, fol. 129. - -[1337] It was probably from this that the custom arose in giving -receipts for money to reserve or to renounce, as the case might be, -"_las leyes y excepciones de la non numerata pecunia_." - -[1338] Full information as to the coinage of the fifteenth century will -be found in Saez, Demostracion del Valor de las Monedas que corrian -durante el Reinado de Don Enrique IV (Madrid, 1805). - -For the subsequent period reference is made to the very voluminous -series of laws and decrees preserved in the _Nueva Recopilacion_, Lib. -V, Tit. xxi; the _Autos Acordados_, Lib. V, Tit. xxi and xxii, and the -_Novisima Recopilacion_, Lib. IX, Tit. xvii. - -[1339] These instructions are supplementary to those issued by the -assembly of Inquisitors in Seville, Nov. 29, 1484. Some of them are -printed by Arguello, but they are not in the Granada edition of 1537 of -the Instructions. - -[1340] These instructions partly repeat and partly supplement those of -December, 1484. So far as I am aware they are inedited. They are not in -the Granada edition of the Instructions, nor do they correspond with the -fragments printed by Arguello (Instrucciones del Santo Oficio, Madrid, -1630, fol. 16-23) as the Instructions of January, 1485, and by Llorente, -Añales, I, 96-99, 388-94. - -[1341] Both the Granada edition of 1537 and Arguello print only the -first four articles of these Instructions. Llorente describes them -(Añales, I, 261) as being in seven articles of which the last two are -not in this original document. - -[1342] The date of Bologna fixes the time of this brief between Nov. 10, -1506, when Julius II entered that city, and Feb. 22, 1507, when he left -it.--Raynald. Annal. ann. 1506, n. 30; 1507, n. 2. - -[1343] The end of the document is torn. - -[1344] This MS. I procured from a bookseller in Madrid, and I know -nothing of its _provenance_. It is in small quarto, with 62 unnumbered -pages of a handwriting which I should attribute to the seventeenth or -early eighteenth century; about three pages towards the middle are in a -different hand, with some blanks filled in by the scribe of the rest of -the MS., as though the copying had been entrusted to a second writer who -had proved unable to decypher the original. The record bears on its face -every mark of authenticity. There are occasional discrepancies in names -and dates between it and the list at the end of the Libro Verde, but in -general they correspond, as it also does with such trials of the period -as I have examined from the Llorente MSS. in the Bibliothèque Nationale. -It supplies much that is lacking, and the abstracts of the sentences of -the murderers of San Pedro Arbués are sufficient to render it a document -of interest, besides the light which the sentences in general throw -upon the business of the Inquisition. I transcribe in full the earlier -portion, with the final "Resumen." Of the remainder, which consists of -little more than lists of names of convicts and penitents, I only give a -summary. - -The MS. has much in common with the anonymous _Orígen de la Inquisicion_ -cited by Llorente (Añales, I, 76, 94, 114, etc.) which he says is in the -_Academia de la Historia_ and was written in 1652. - -[1345] Amin was a kind of Jewish broth. In the trial of Juan de la -Caballeria, in 1488, there is an allusion to "hamin y otras potages de -Judios."--MSS. Bib. Nat. de Paris, fonds espagnol, 81. - -[1346] Unleavened bread--"panem azmum sive _cotaco_ comedendo"--Trial of -Beatrix de la Cavallería, MSS. Bib. Nat. de France, fonds espagnol, 80, -fol. 175. - -[1347] The total number is 614. There is a mistake of 3 in the addition, -and errors in several years. - - * * * * * - -Typographical errors corrected by the etext transcriber: - -repress the the robberies=> repress the robberies {pg 29} - -Many chiefs of the synogogue=> Many chiefs of the synagogue {pg 113} - -Cordinal González de Mendoza=> Cardinal González de Mendoza {pg 138} - -fifty horesemen=> fifty horsemen {pg 175} - -in the war with Naples=> in the war wtih Naples {pg 184} - -in a letter, Janary 12, 1501=> in a letter, January 12, 1501 {pg 186} - -with the Inquisiton=> with the Inquisition {pg 277} - -from Igualada, Februrary=> from Igualada, February {pg 277} - -to exprees her satisfaction=> to express her satisfaction {pg 312} - -to emancipate itsef from all control=> to emancipate itself from all -control {pg 343} - -kept in the royal chancillery=> kept in the royal chancellery {pg 354} - -was carried up to to the king=> was carried up to the king {pg 360} - -occupied by the trbunal=> occupied by the tribunal {pg 389} - -The Inquisiton, as usual=> The Inquisition, as usual {pg 475} - -This account it derived from=> This account is derived from {pg 487 n.} - -protect its familars=> protect its familiars {pg 511} - -which he addresed=> which he addressed {pg 511} - -the jurisdiction of the Inquisiton=> the jurisdiction of the Inquisition -{pg 521} - -Archivio General de Simancas=> Archivo General de Simancas {pg 576} - - - - - - - - - -End of the Project Gutenberg EBook of A History of the Inquisition of Spain; -vol. 1, by Henry Charles Lea - -*** END OF THIS PROJECT GUTENBERG EBOOK A HISTORY OF THE INQUISITION VOL. 1 *** - -***** This file should be named 43296-8.txt or 43296-8.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/4/3/2/9/43296/ - -Produced by Chuck Greif, Broward County Library and the -Online Distributed Proofreading Team at http://www.pgdp.net - - -Updated editions will replace the previous one--the old editions -will be renamed. - -Creating the works from public domain print editions means that no -one owns a United States copyright in these works, so the Foundation -(and you!) can copy and distribute it in the United States without -permission and without paying copyright royalties. Special rules, -set forth in the General Terms of Use part of this license, apply to -copying and distributing Project Gutenberg-tm electronic works to -protect the PROJECT GUTENBERG-tm concept and trademark. Project -Gutenberg is a registered trademark, and may not be used if you -charge for the eBooks, unless you receive specific permission. If you -do not charge anything for copies of this eBook, complying with the -rules is very easy. You may use this eBook for nearly any purpose -such as creation of derivative works, reports, performances and -research. They may be modified and printed and given away--you may do -practically ANYTHING with public domain eBooks. Redistribution is -subject to the trademark license, especially commercial -redistribution. - - - -*** START: FULL LICENSE *** - -THE FULL PROJECT GUTENBERG LICENSE -PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK - -To protect the Project Gutenberg-tm mission of promoting the free -distribution of electronic works, by using or distributing this work -(or any other work associated in any way with the phrase "Project -Gutenberg"), you agree to comply with all the terms of the Full Project -Gutenberg-tm License (available with this file or online at -http://gutenberg.org/license). - - -Section 1. General Terms of Use and Redistributing Project Gutenberg-tm -electronic works - -1.A. By reading or using any part of this Project Gutenberg-tm -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all -the terms of this agreement, you must cease using and return or destroy -all copies of Project Gutenberg-tm electronic works in your possession. -If you paid a fee for obtaining a copy of or access to a Project -Gutenberg-tm electronic work and you do not agree to be bound by the -terms of this agreement, you may obtain a refund from the person or -entity to whom you paid the fee as set forth in paragraph 1.E.8. - -1.B. "Project Gutenberg" is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few -things that you can do with most Project Gutenberg-tm electronic works -even without complying with the full terms of this agreement. See -paragraph 1.C below. There are a lot of things you can do with Project -Gutenberg-tm electronic works if you follow the terms of this agreement -and help preserve free future access to Project Gutenberg-tm electronic -works. See paragraph 1.E below. - -1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" -or PGLAF), owns a compilation copyright in the collection of Project -Gutenberg-tm electronic works. Nearly all the individual works in the -collection are in the public domain in the United States. If an -individual work is in the public domain in the United States and you are -located in the United States, we do not claim a right to prevent you from -copying, distributing, performing, displaying or creating derivative -works based on the work as long as all references to Project Gutenberg -are removed. Of course, we hope that you will support the Project -Gutenberg-tm mission of promoting free access to electronic works by -freely sharing Project Gutenberg-tm works in compliance with the terms of -this agreement for keeping the Project Gutenberg-tm name associated with -the work. You can easily comply with the terms of this agreement by -keeping this work in the same format with its attached full Project -Gutenberg-tm License when you share it without charge with others. - -1.D. The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are in -a constant state of change. If you are outside the United States, check -the laws of your country in addition to the terms of this agreement -before downloading, copying, displaying, performing, distributing or -creating derivative works based on this work or any other Project -Gutenberg-tm work. The Foundation makes no representations concerning -the copyright status of any work in any country outside the United -States. - -1.E. Unless you have removed all references to Project Gutenberg: - -1.E.1. The following sentence, with active links to, or other immediate -access to, the full Project Gutenberg-tm License must appear prominently -whenever any copy of a Project Gutenberg-tm work (any work on which the -phrase "Project Gutenberg" appears, or with which the phrase "Project -Gutenberg" is associated) is accessed, displayed, performed, viewed, -copied or distributed: - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - -1.E.2. If an individual Project Gutenberg-tm electronic work is derived -from the public domain (does not contain a notice indicating that it is -posted with permission of the copyright holder), the work can be copied -and distributed to anyone in the United States without paying any fees -or charges. If you are redistributing or providing access to a work -with the phrase "Project Gutenberg" associated with or appearing on the -work, you must comply either with the requirements of paragraphs 1.E.1 -through 1.E.7 or obtain permission for the use of the work and the -Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or -1.E.9. - -1.E.3. If an individual Project Gutenberg-tm electronic work is posted -with the permission of the copyright holder, your use and distribution -must comply with both paragraphs 1.E.1 through 1.E.7 and any additional -terms imposed by the copyright holder. Additional terms will be linked -to the Project Gutenberg-tm License for all works posted with the -permission of the copyright holder found at the beginning of this work. - -1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm -License terms from this work, or any files containing a part of this -work or any other work associated with Project Gutenberg-tm. - -1.E.5. Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg-tm License. - -1.E.6. You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including any -word processing or hypertext form. However, if you provide access to or -distribute copies of a Project Gutenberg-tm work in a format other than -"Plain Vanilla ASCII" or other format used in the official version -posted on the official Project Gutenberg-tm web site (www.gutenberg.org), -you must, at no additional cost, fee or expense to the user, provide a -copy, a means of exporting a copy, or a means of obtaining a copy upon -request, of the work in its original "Plain Vanilla ASCII" or other -form. Any alternate format must include the full Project Gutenberg-tm -License as specified in paragraph 1.E.1. - -1.E.7. Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg-tm works -unless you comply with paragraph 1.E.8 or 1.E.9. - -1.E.8. You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg-tm electronic works provided -that - -- You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg-tm works calculated using the method - you already use to calculate your applicable taxes. The fee is - owed to the owner of the Project Gutenberg-tm trademark, but he - has agreed to donate royalties under this paragraph to the - Project Gutenberg Literary Archive Foundation. Royalty payments - must be paid within 60 days following each date on which you - prepare (or are legally required to prepare) your periodic tax - returns. Royalty payments should be clearly marked as such and - sent to the Project Gutenberg Literary Archive Foundation at the - address specified in Section 4, "Information about donations to - the Project Gutenberg Literary Archive Foundation." - -- You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg-tm - License. You must require such a user to return or - destroy all copies of the works possessed in a physical medium - and discontinue all use of and all access to other copies of - Project Gutenberg-tm works. - -- You provide, in accordance with paragraph 1.F.3, a full refund of any - money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days - of receipt of the work. - -- You comply with all other terms of this agreement for free - distribution of Project Gutenberg-tm works. - -1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm -electronic work or group of works on different terms than are set -forth in this agreement, you must obtain permission in writing from -both the Project Gutenberg Literary Archive Foundation and Michael -Hart, the owner of the Project Gutenberg-tm trademark. Contact the -Foundation as set forth in Section 3 below. - -1.F. - -1.F.1. Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -public domain works in creating the Project Gutenberg-tm -collection. Despite these efforts, Project Gutenberg-tm electronic -works, and the medium on which they may be stored, may contain -"Defects," such as, but not limited to, incomplete, inaccurate or -corrupt data, transcription errors, a copyright or other intellectual -property infringement, a defective or damaged disk or other medium, a -computer virus, or computer codes that damage or cannot be read by -your equipment. - -1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right -of Replacement or Refund" described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg-tm trademark, and any other party distributing a Project -Gutenberg-tm electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal -fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT -LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE -PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE -TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE -LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR -INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH -DAMAGE. - -1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium with -your written explanation. The person or entity that provided you with -the defective work may elect to provide a replacement copy in lieu of a -refund. If you received the work electronically, the person or entity -providing it to you may choose to give you a second opportunity to -receive the work electronically in lieu of a refund. If the second copy -is also defective, you may demand a refund in writing without further -opportunities to fix the problem. - -1.F.4. Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER -WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO -WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. - -1.F.5. Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of damages. -If any disclaimer or limitation set forth in this agreement violates the -law of the state applicable to this agreement, the agreement shall be -interpreted to make the maximum disclaimer or limitation permitted by -the applicable state law. The invalidity or unenforceability of any -provision of this agreement shall not void the remaining provisions. - -1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg-tm electronic works in accordance -with this agreement, and any volunteers associated with the production, -promotion and distribution of Project Gutenberg-tm electronic works, -harmless from all liability, costs and expenses, including legal fees, -that arise directly or indirectly from any of the following which you do -or cause to occur: (a) distribution of this or any Project Gutenberg-tm -work, (b) alteration, modification, or additions or deletions to any -Project Gutenberg-tm work, and (c) any Defect you cause. - - -Section 2. Information about the Mission of Project Gutenberg-tm - -Project Gutenberg-tm is synonymous with the free distribution of -electronic works in formats readable by the widest variety of computers -including obsolete, old, middle-aged and new computers. It exists -because of the efforts of hundreds of volunteers and donations from -people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need, are critical to reaching Project Gutenberg-tm's -goals and ensuring that the Project Gutenberg-tm collection will -remain freely available for generations to come. In 2001, the Project -Gutenberg Literary Archive Foundation was created to provide a secure -and permanent future for Project Gutenberg-tm and future generations. -To learn more about the Project Gutenberg Literary Archive Foundation -and how your efforts and donations can help, see Sections 3 and 4 -and the Foundation web page at http://www.pglaf.org. - - -Section 3. Information about the Project Gutenberg Literary Archive -Foundation - -The Project Gutenberg Literary Archive Foundation is a non profit -501(c)(3) educational corporation organized under the laws of the -state of Mississippi and granted tax exempt status by the Internal -Revenue Service. The Foundation's EIN or federal tax identification -number is 64-6221541. Its 501(c)(3) letter is posted at -http://pglaf.org/fundraising. Contributions to the Project Gutenberg -Literary Archive Foundation are tax deductible to the full extent -permitted by U.S. federal laws and your state's laws. - -The Foundation's principal office is located at 4557 Melan Dr. S. -Fairbanks, AK, 99712., but its volunteers and employees are scattered -throughout numerous locations. Its business office is located at -809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email -business@pglaf.org. Email contact links and up to date contact -information can be found at the Foundation's web site and official -page at http://pglaf.org - -For additional contact information: - Dr. Gregory B. Newby - Chief Executive and Director - gbnewby@pglaf.org - - -Section 4. Information about Donations to the Project Gutenberg -Literary Archive Foundation - -Project Gutenberg-tm depends upon and cannot survive without wide -spread public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations -where we have not received written confirmation of compliance. To -SEND DONATIONS or determine the status of compliance for any -particular state visit http://pglaf.org - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make -any statements concerning tax treatment of donations received from -outside the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg Web pages for current donation -methods and addresses. Donations are accepted in a number of other -ways including checks, online payments and credit card donations. -To donate, please visit: http://pglaf.org/donate - - -Section 5. General Information About Project Gutenberg-tm electronic -works. - -Professor Michael S. Hart is the originator of the Project Gutenberg-tm -concept of a library of electronic works that could be freely shared -with anyone. For thirty years, he produced and distributed Project -Gutenberg-tm eBooks with only a loose network of volunteer support. - - -Project Gutenberg-tm eBooks are often created from several printed -editions, all of which are confirmed as Public Domain in the U.S. -unless a copyright notice is included. Thus, we do not necessarily -keep eBooks in compliance with any particular paper edition. - - -Most people start at our Web site which has the main PG search facility: - - http://www.gutenberg.org - -This Web site includes information about Project Gutenberg-tm, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. |