Читать книгу A History of the Inquisition of Spain (Vol. 1-4) - Henry Charles Lea - Страница 8

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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]

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]

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.

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]

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]

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.

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.

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]

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]

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]

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]

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]

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]

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.

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]

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]

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.

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.

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.

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]

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]

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]

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]

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]

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]

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]

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.

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.

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]

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]

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.

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.

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]

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]

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]

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 manœuvre 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]

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]

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]

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.

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.