Читать книгу History of the Inquisition of Spain - Henry Charles Lea - Страница 16

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WHAT gave to the Spanish Inquisition its peculiar and terrible efficiency were the completeness of its organization and its combination of the mysterious authority of the Church with the secular power of the crown. The old Inquisition was purely an ecclesiastical institution, empowered, it is true, to call upon the State for aid and for the execution of its sentences, but throughout Christendom the relations between Church and State were too often antagonistic for its commands always to receive obedience. In Spain, however, the Inquisition represented not only the pope but the king; it practically wielded the two swords—the spiritual and the temporal—and the combination produced a tyranny, similar in character, but far more minute and all-pervading, to that which England suffered during the closing years of Henry VIII as Supreme Head of the Church.

While thus its domination over the people was secure and unvarying, its relations with the royal power varied with the temperament of the sovereign. At times it was the instrument of his will; at others it seemed as though it might almost supplant the monarchy; it was constantly seeking to extend its awful authority over the other departments of State, which struggled with varying success to resist its encroachments, while successive kings, autocratic in theory, sometimes posed as arbitrators, sometimes vainly endeavored to enforce their pacificatory commands, but more generally yielded to its domineering spirit.

FERDINAND’S CONTROL

When Ferdinand consented to the introduction of the Inquisition, it was no part of his policy to permit the foundation of an institution which should be independent of the royal authority. He who sought to forbid in Spain the residence of papal nuncios and legates was not likely to welcome the advent of a new swarm of papal delegates, whose power over life and property would carry unchecked to every corner of the land the influence of Rome. Accordingly, as we have seen, he conditioned the admission of the Inquisition on the concession of the power of appointment and dismissal and he flatly told Sixtus IV that he would permit none but appointees of his own to exercise the office of inquisitor. As the institution developed and became more complex he nominated to the pope the individual to whom the papal delegation as inquisitor-general should be given and he appointed the members of the Suprema, which became known as the Consejo de su Magestad de la Santa General Inquisicion. Although the papal commission granted to the inquisitor-general faculties of subdelegating his powers and appointing and dismissing his subordinates, thus rendering his action indispensable, Ferdinand was careful to assert his right to control all appointments and to assume that at least they were made with his assent and concurrence. In 1485 the sovereigns had no scruple in appointing at Guadalupe the inquisitors who made such havoc among the apostates.[728] August 8, 1500, he writes to the Bishop of Bonavalle that he had determined to commit to him the office of inquisitor in Sardinia, for which the commission and subdelegation will be despatched to him by the inquisitors-general; he can appoint an assessor and notary, but the other officials will be sent from Spain. A letter of the same date to the Lieutenant-general of Sardinia announces the appointment by the inquisitors-general “con nuestra voluntad y consentimiento,” which was the ordinary formula employed, even in such petty cases as when he advised Pedro Badía, receiver of confiscations at Barcelona, March 13, 1501, that they had appointed Gregorio Zamarado as portero or apparitor of that tribunal, in place of Guillen Donadou and that he is to receive the same wages.[729] Although the participation of the inquisitor-general was indispensable, Ferdinand customarily assumed his acquiescence as a matter of course; he would make the appointment and then ask affectionately for the subdelegation of power.[730] As regards subordinate positions, Torquemada recognized the royal participation when, in 1485, he instructed inquisitors that they could fill vacancies temporarily “until the king and I provide for them.” As a rule, it may be said that Ferdinand rarely troubled himself about subordinates, but had no hesitation in assuming full power when he saw fit, as in writing to an inquisitor, March 21, 1499, “we order you to appoint, as by these presents we appoint, Juan de Montiende as fiscal in your tribunal.”[731]

If he thus controlled appointments he was equally concerned in dismissals. We find him writing, April 22, 1498, to an inquisitor of Saragossa, who had discharged an official at Calatayud, to reinstate him, as he had done good service with danger to his person, and on September 19, 1509, ordering Diego López de Cortegano, Inquisitor of Córdova, to cease his functions at once and return to his benefice—though this latter order was countersigned by the members of the Suprema.[732] It would be superfluous to adduce additional examples of the control thus exercised over the personnel of the Inquisition—a control which remained inherent in the crown although, as we shall see, often allowed to become dormant.

In all save spiritual matters, Ferdinand considered the Inquisition to be merely an instrument to carry out his will, though it must be added that this arose from his anxiety that it should be perfected in every way for the work in hand, and there is absolutely no evidence, in his enormous and confidential correspondence, that he ever used it for political purposes, even in the stormiest times when struggling with unruly nobles. Every detail in its organization and working was subject to his supervision and, amid all the cares of his tortuous policy, extending throughout Western Europe, and the excitement of his frequent wars, he devoted the minutest care to its affairs. When, in December 1484, Torquemada issued his supplementary instructions, he was careful to state that he did so by command of the sovereigns, who ordered them to be observed. So in subsequent instructions, issued in 1485, Torquemada orders the inquisitors to write to him and to Ferdinand about everything that should be reported; the king provides their salaries promises them rewards; if there is anything that the king ought to remedy he is to be written to.[733] That, in fact, the was recognized as controlling the Inquisition is seen in all the efforts of the Córtes, appealing to him to obtain a modification of its rigors, although, as we have seen, the Concordia of 1512 was held to require the assent of Inquisitor-general Enguera to render it binding, with subsequent confirmation by the pope and though, in later times, the monarchs found it convenient to throw upon the inquisitor-general the responsibility of rejecting the demands of their subjects.

Ferdinand was too self-reliant to deem it necessary to assert his power consistently on all occasions. In a subsequent chapter we shall see that he submitted to the inconveniences arising from an excommunication threatened by Torquemada on receivers of confiscations who honored royal drafts in preference to paying salaries. He had no scruples in making Torquemada join with him in grants of money or in settling competing claims on the debts due to a condemned heretic; he sometimes allowed his cédulas to be countersigned by members of the Suprema, especially in the later periods; indeed, toward the end of his reign, this became so habitual that in letters of November 25th and December 10, 1515, he explained that his orders were to be obeyed although not so authenticated, because none of the members happened to be at hand; he sometimes delayed answering applications for instructions until he could consult the inquisitor-general, but the mere application to him shows that he was regarded as the ultimate arbiter. In fact, in a case in which some prisoners named Martínez had appealed to him, he replies to the inquisitors, September 30, 1498, and March 2, 1499, that the inquisitors-general send instructions and it is his will that these should be executed, thus implying that his confirmation was requisite.[734]

FERDINAND’S CONTROL

Whatever participation he might thus allow to the head of the Inquisition, when he saw fit he asserted his arbitrary control and he by no means deemed it necessary to communicate with the tribunals through the inquisitor-general but frequently issued his commands directly. May 14, 1499, he writes to an inquisitor to have a certain confiscated property sold at an appraised value to Diego de Alcocer, no matter what instructions he may have from the inquisitors-general or what orders to the contrary. Even for trifles he took them sharply to task, as when, May 17, 1511, he vigorously rebuked one for sending Bachiller Vazquez to him on an affair which could have been as well settled by letter with much less expense. He was fully aware that the power of the Inquisition rested on his support and when there was the slightest opposition to his will he had no hesitation in saying so, as when, in a letter of July 22, 1486, to the inquisitors of Saragossa, he tells them that, although they have the name, it is to him and to Isabella that the Holy Office owes its efficiency; without the royal authority they can do little and, as they recognize his good intentions, they must not interfere with his orders.[735]

These instances illustrate the minute and watchful care which he exercised over all the details of the Holy Office. Nothing was too trivial to escape his vigilant attention, and this close supervision was continued to the end. The receiver of Valencia consults him about a carpenter’s bill of ninety sueldos for repairs on the royal palace occupied by the tribunal and Ferdinand tells him, May 31, 1515, that he may pay it this time, but it is not to be a precedent. On January 18th of the same year he had written to the receiver of Jaen that he learns that the audience-chamber is ill-furnished and that the vestments for mass are lacking or worn out, wherefore he orders that what the inquisitors may purchase shall be paid for.[736]

Ferdinand’s control over the Inquisition rested not only on the royal authority, the power of appointment, his own force of character and his intense interest in its workings, but also on the fact that he held the purse-strings. He had insisted that the confiscations should enure to the crown, and he subsequently obtained the pecuniary penances. The Inquisition had no endowment. One could easily have been provided out of the immense sums gathered from the victims during the early years of intense activity but, although some slender provision of the kind was at times attempted, either the chronic demands of the royal treasury or a prudent desire to prevent the independence of the institution rendered these investments fragmentary and wholly inadequate. Thus the expenses of the tribunals and the salaries of the officials were in his hands. Nothing could be paid without his authorization and the accounts of the receivers of confiscations, who acted as treasurers, were scrutinized with rigid care. He regulated the salary of every official and his letter-books are full of instructions as to their payment. Besides this, it was the Spanish custom to supplement inadequate wages with ayudas de costa, or gifts of greater or less amount as the whim of the sovereign or the deserts of the individual might call for. In time, as we shall see, this became a regular annual payment, subject to certain conditions but, under Ferdinand, it was still an uncertainty, dependent upon the royal favor and the order of the king was requisite in each case, even including the Suprema and its officials.[737] The crown thus held the Holy Office at its mercy and the recipients of its bounty could not resent its control.

INDEPENDENCE IN MATTERS OF FAITH

Yet in this perpetual activity of Ferdinand in the affairs of the Inquisition it is to be observed that he confined himself to temporal matters and abstained from interference with its spiritual jurisdiction. In his voluminous correspondence, extending, with occasional breaks, over many years, the exceptions to this only serve to prove the rule. I have met with but two and these fully justified his interference. In 1508 the leading barons of Aragon complained that the inquisitors were persecuting the Moors and were endeavoring to coerce them to baptism. As they had no jurisdiction over infidels, he rebuked them severely, telling them that conversion through conviction is alone pleasing to God and that no one is to be baptized except on voluntary application. So, when some had been converted and had been abandoned by their wives and children, he ordered the inquisitors to permit the return of the latter and not to coerce them to baptism.[738] The other case was that of Pedro de Villacis, receiver of Seville, a man who possessed Ferdinand’s fullest confidence. No name occurs more frequently in the correspondence and he was entrusted with the management of an enormous and most complicated composition, in which the New Christians of Seville, Córdova, Leon, Granada and Jaen agreed to pay eighty thousand ducats as an assurance against confiscation. While deeply immersed in this the tribunal of Seville commenced to take testimony against him. On hearing of this Ferdinand was astounded; he expressed indignation that such action should be taken without consulting him and ordered all the original papers to be sent to him for consideration with the Suprema, pending which and future orders nothing further was to be done.[739]

This was an extreme case. There are others which prove how useless it was to rely upon the royal favor in hopes of interposition. Thus Ferdinand’s vice-chancellor for Aragon was Alonso de la Caballería, a son of that Bernabos de la Caballería whose Çelo de Cristo contra los Judíos has been referred to above (p. 115). The father’s orthodox zeal did not preserve his children from the Inquisition and their names and those of their kindred frequently occur in the records. Alonso had already passed through its hands without losing his position. In December, 1502, his brother Jaime was arrested by the tribunal of Saragossa, and Alonso ventured to ask Ferdinand’s intervention in his favor and also for himself in case he should be involved and be subjected to another trial. Ferdinand replied, December 23d, expressing regret and the hope that all would turn out as he desired; if Alonso’s case comes up again he shall be tried by Deza himself who can be relied upon to do exact justice. A second application from Alonso brought a reply, January 3, 1503, reiterating these assurances and promising a speedy trial for his brother, about whom he writes to the inquisitors. In effect, a letter to them of the same day alludes, among other matters, to Jaime’s case, with the customary injunctions to conduct it justly so as not to injure the Inquisition and assuring them that if they do so they shall not be interfered with. How little the appeal to Ferdinand benefited the accused is seen in the result that Jaime was penanced in an auto de fe of March 25, 1504.[740]

In one respect Ferdinand showed favoritism, but he did so in a manner proving that he recognized that the royal power could not of itself interfere with the exercise of inquisitorial jurisdiction. Notwithstanding his settled aversion to papal intervention, he procured a series of curious briefs to spare those whom he favored from the disgrace of public reconciliation and penance and their descendants from disabilities. So many of his trusted officials were of Jewish lineage that he might well seek to shield them and to retain their services. Thus, in briefs of February 11, 1484, and January 30, 1485, Innocent VIII recites that he is informed that some of those involved in this heresy would gladly return to the faith and abjure if they could be secretly reconciled, wherefore he confers on the inquisitors faculties, in conjunction with episcopal representatives, to receive secretly, in the presence of Ferdinand and Isabella, fifty persons of this kind to abjuration and reconciliation. A subsequent brief of May 31, 1486, recites that he learns that the sovereigns cannot always be present on these occasions, wherefore he grants for fifty more similar power to be exercised in their absence but with their consent. Then, July 5, 1486, the same is granted for fifty more, even if testimony has been taken against them, with the addition of the removal of disabilities and the stain of infamy in favor of their children and moreover it authorizes the secret exhumation and burning of fifty bodies—doubtless the parents of those thus favored. These transactions continued, for there are similar letters of November 10, 1487, and October 14, 1489, each for fifty persons and fifty bodies, to be nominated by the king and queen, and possibly there were subsequent ones that have not reached us.[741] It was doubtless under letters of this kind that, on January 10, 1489, Elionor and Isabel Badorch were secretly reconciled in the royal palace of Barcelona.[742]

INSISTENCE ON JUSTICE

These apparently trivial details are of interest as revealing the basis on which the Inquisition was established and from which it developed. They also throw light on the character of Ferdinand, whose restless and incessant activity made itself felt in every department of the government, enabling his resolute will to break down the forces of feudalism and lay the foundation of absolute monarchy for his successors. It would be doing him an injustice, however, to dismiss the subject without alluding to his anxiety that the Inquisition should be kept strictly within the lines of absolute justice according to the standard of the period. Trained in the accepted doctrine of the Church that heresy was the greatest of crimes, that the heretic had no rights and that it was a service to God to torture him to death, he was pitiless and he stimulated the inquisitors to incessant vigilance. He was no less eager in gathering in every shred of spoil which he could lawfully claim from the confiscation of the victims, but, in the distorted ethics of the time, this comported with the strictest equity, for it was obedience to the canon law which was the expression of the law of God. There can have been no hypocrisy in his constant instructions to inquisitors and receivers of confiscations to perform their functions with rectitude and moderation so that no one should have cause to complain. This was his general formula to new appointees and is borne out by his instructions in the innumerable special cases where appeal was made to him against real or fancied injustice. His abstinence from intrusion into matters of faith limited such appeals to financial questions, but these, under the cruel canonical regulations as to confiscations, were often highly complicated and involved the rights of innocent third parties. His decisions in such cases are often adverse to himself and reveal an innate sense of justice wholly unexpected in a monarch who ranked next to Cesar Borgia in the estimation of Machiavelli. An instance or two, taken at random out of many, will illustrate this phase of his character. July 11, 1486, he writes to his receiver at Saragossa “Fifteen years ago, Jaime de Santangel, recently burnt, possessed a piece of land in Saragossa and did not pay the ground-rent on it to García Martinez. By the fuero of Aragon, when such rent is unpaid for four years the land is forfeited. You are said to hold the land as part of the confiscated estate of Santangel and for the above reason it is said to belong to Martínez. You are therefore ordered to see what is justice and do it to Martínez without delay and if you have sold the land, the matter must be put into such shape that Martínez may obtain what is due.” In a similar spirit, when Caspar Roig, of Cagliari, deemed himself aggrieved in a transaction arising out of a composition for confiscation, Ferdinand writes to the inquisitor of Sardinia, March 11, 1498, “As it is our will that no one shall suffer injustice, we refer the case to you, charging you at once to hear the parties and do what is just, so that the said Gaspar Roig shall suffer no wrong. … You will see that the said Gaspar Roig shall not again have to appeal to us for default of justice.”[743]

It was inevitable that, when this powerful personality was withdrawn, the royal control over the Inquisition should diminish, especially in view of the inability of Queen Juana to govern and the absence of the youthful Charles V. The government of Spain practically devolved upon Ximenes, who was Inquisitor-general of Castile, while his coadjutor Adrian speedily obtained the same post in Aragon. After the arrival of Charles and the death of Ximenes, Adrian became chief of the reunited Inquisition and his influence over Charles in all matters connected with it was unbounded. The circumstances therefore were peculiarly propitious for the development of its practical independence, although theoretically the supremacy of the crown remained unaltered.

POWER OF APPOINTMENT

Thus the Suprema, of which we hear little under Ferdinand, at once assumed his place in regulating all details. The appointing power, even of receivers, who were secular officials, accountable only to the royal treasury, passed into its hands. Thus a letter of Ximenes, March 11, 1517, to the receiver of Toledo, states that there are large amounts of uncollected confiscations, wherefore he is directed to select a proper person for an assistant and send him to the Suprema to decide as to his fitness, so that Ximenes may appoint him with its approval.[744] Still, the nominating power remained technically with the crown and, when Charles arrived, he was assumed to exercise it as Ferdinand had done, however little real volition he may have displayed. In a letter of December 11, 1518, concerning the appointment of Andrés Sánchez de Torquemada as Inquisitor of Seville, Charles is made to say that, being satisfied of Torquemada’s capacity, he had charged him to accept the office and that with his assent Adrian had appointed him. In another case, where an abbot, to whom Adrian had offered the inquisitorship of Toledo, had declined the office, Charles writes, September 14, 1519, charging him to accept it.[745] That Adrian could not act alone was recognized for, after Charles left Spain, in May, 1520, questions arose on the subject and, by letters patent of September 12th, he formally empowered Adrian, during his absence, to appoint all inquisitors and other officials.[746]

Whether formal delegations of the appointing power were subsequently made does not appear, but practically it continued with the inquisitor-general, subject to an uncertain co-operation of the Suprema, whose members countersigned the commissions, while, with the subordinate positions in the tribunals, the inquisitors were sometimes consulted, their recommendations received attention and their remonstrances were heard. The various factors are illustrated in a letter of the Suprema, August 24, 1544, to the inquisitors of Saragossa who had furnished a statement of the qualifications of various aspirants for the vacant post of notario del juzgado. In reply the Suprema states that its secretary, Hieronimo Zurita, had recommended Martin Morales; it had advised with the inquisitor-general who had appointed him, but it will bear in mind Bartolomé Malo and will give him something else.[747]

So far as I am aware, Philip II never interfered with this exercise of the appointing power. That he threw the whole responsibility on the inquisitor-general and disclaimed any concurrence for himself is apparent in a series of instructions, May 8, 1595, to the new inquisitor-general, Geronimo Manrique. He orders him to observe the utmost care to select fit persons for all positions without favoritism and, although it is his duty to appoint inquisitors and fiscals, he should communicate his selections in advance to the Suprema, as his predecessors had always done, because some of the members may be acquainted with the parties and prevent errors from being made.[748] That a supervisory power, however, was still recognized in the crown is seen in a consulta of June 21, 1600, presented to Philip III, by Inquisitor-general Guevara, lamenting the unfitness of many of the inquisitors. With the habitual tenderness manifested to unworthy officials he did not propose to dismiss them but to make a general shifting by which the best men should be made the seniors of the tribunals. To this the king replied with a caution about discrediting the Inquisition and a suggestion that the parties shifted should be made to ask for the change; he also called for their names and the reasons, because he ought to be informed about all the individuals.[749]

This indicated a desire to resume the close watchfulness of Ferdinand which had long since been forgotten in the turmoil and absences of Charles V and the secluded labors of Philip II, over despatches and consultas. A bureaucracy was establishing itself in which the various departments of the government were becoming more or less independent of the monarch and Philip for the moment appeared disposed to reassert his authority, for, in 1603, we are told that he made many appointments of inquisitors, fiscals, and even of minor officials.[750] If so, he was too irresolute, feeble, and fitful to carry out a definite line of policy for when, in 1608, he issued the customary instructions to a new inquisitor, Sandoval y Rójas, he merely repeated the injunctions of 1595, with the addition that transfers should also be communicated to the Suprema.[751] Yet in one case he even exceeded Ferdinand by intervening in a case of faith. When he went to Toledo with his court to witness the auto de fe of May 10, 1615, he asked to see the sentence of Juan Cote, penanced for Lutheranism, and made some changes in the meritos, or recital of offences, altered the imprisonment to perpetual and irremissible and added two hundred lashes. The tribunal consulted the Suprema, which approved the changes on the supposition that the inquisitor-general had participated in them, but the day after the auto Cote was informed that the Suprema had mercifully remitted the scourging.[752]

POWER OF APPOINTMENT

Philip IV, in 1626, on the death of Inquisitor-general Pacheco, asked the Suprema to suggest the instructions to be given to the new incumbent and was advised to repeat those of 1608. He virtually admitted the power of appointment to be vested in that office when, in the same year, the Córtes of Barbastro petitioned that in Aragon all the officials of the tribunals should be Aragonese and he replied that he would use his authority with the inquisitor-general that a certain portion of them should be so.[753] Notwithstanding his habitual subservience to the Inquisition, however, he reasserted his prerogative, in 1640, by appointing the Archdeacon of Vich as Inquisitor of Barcelona and he followed this, in 1641 and 1642, by several others, even descending to the secretaryship of Lima which he gave to Domingo de Aroche.[754] This brought on a struggle, ending in a compromise in which the inquisitor-general was sacrificed to the Suprema. Papal intervention was deemed to be necessary and a brief was procured in March, 1643, under which Philip, by decree of July 2, ordered that in future, in all vacancies of positions of inquisitor and fiscal, the inquisitor-general and Suprema should submit to him three names from which to make selection. The Suprema thus recognized was satisfied, but Sotomayor, the inquisitor-general, was obstinate. In June, Philip had called for his resignation, which he offered after some hesitation and expressed his feelings in a protest presenting a sorry picture of the condition of the Holy Office. The present disorders, he said, had arisen from the multiplication of offices, whereby their character had depreciated and, as the revenues were insufficient for their support, they were led to improper devices. The Suprema had been powerless for, on various occasions, the king had rewarded services in other fields by the gifts of these offices, when no consideration could be given to character, and he had also been forced to make appointments by commands as imperative as those of the king—an evident allusion to Olivares.[755]

Sotomayor’s successor, Arce y Reynoso, conformed himself to these new rules and, until his death in 1665, he submitted all appointments and transfers to the king. Philip survived him but three months and, under the regency which followed and the reign of the imbecile Carlos II, the inquisitor-general resumed the power of appointment without consultation. So completely was the royal supervision forgotten that the instructions to Inquisitor-general Rocaberti, in 1695, repeat the old formula of 1608.[756] In this, the injunction of consulting the Suprema was displeasing to the Holy See, after its intervention in the affair of Froilan Díaz (of which more hereafter) had caused it to take sides in the quarrel over the respective powers of the inquisitor-general and the Suprema. As the commission of the former was a papal grant, it held that no restriction could be placed on him and, when Vidal Marin was appointed, Clement XI sent to him August 8, 1705, urgent instructions to uphold the dignity of his office which had exclusive authority in the premises.[757]

The command was too agreeable not to be obeyed and, from this time, the unrestricted power of appointment was in the hands of the inquisitor-general. About 1765, a writer tells us that all salaried offices were filled by him alone. If the king wished to gratify some one with a position he would signify his desire to the inquisitor-general that such person should be borne in mind at the first vacancy and the royal wish was respected, in the absence of special objection. If such there were it was reported to the king and his decision was awaited.[758] With the tendency to assert the prerogative, under Carlos III, this was called in question, in 1775, when the royal Camara scrutinized the brief commissioning Felipe Bertran as inquisitor-general, but the protest was merely formal; the appointing power remained undisturbed; it survived the Revolution and continued until the Inquisition was suppressed.[759]

THE INQUISITOR-GENERALSHIP

Of vastly greater importance was the power of selecting and virtually dismissing the inquisitor-general and this the crown never lost. In fact this was essential to its dignity, if not to its safety. Had the appointment rested with the pope, either the Inquisition would of necessity have been reduced to insignificance or the kingdom would have become a dependency of the curia. Had the Suprema possessed the power of presenting a nominee to the pope, the Inquisition would have become an independent body rivalling and perhaps in time superseding the monarchy. Yet, after the death of Ferdinand, Cardinal Adrian, when elected to the papacy, seemed to imagine that Ferdinand’s privilege of nomination had been merely personal and that it had reverted to him. February 19, 1522, he wrote to Charles that a successor must be provided; after much thought he had pitched on the Dominican General but had not determined to make the appointment without first learning Charles’s wishes. If the Dominican was not satisfactory, Charles could name some one else, for which purpose he suggested three other prelates. Charles replied from Brussels, March 29th, assuming the appointment to be in his hands, but ordered his representative Lachaulx to confer with Adrian. He was in no haste to reach a decision and it was not until July 13, 1523, that he instructed his ambassador, the Duke of Sessa, to ask the commission for Alfonso Manrique, Bishop of Córdova, on whom he had conferred the post of inquisitor-general and the archbishopric of Seville.[760]

The records afford no indication of any question subsequently arising as to the power of the crown to select the inquisitor-general. It was never, however, officially recognized by the popes, whose commissions to the successive nominees bore the form of a motu proprio—the spontaneous act of the Holy See—by which, without reference to any request from the sovereign, the recipient was created inquisitor-general of the Spanish dominions and was invested with all the faculties and powers requisite for the functions of his office.[761] No objection seems to have been taken to this until Carlos III exercised a jealous care over the assertion and maintenance of the regalías against the assumptions of the curia. The first appointment he had occasion to make was that of Felipe Bertran, Bishop of Salamanca, after the death of Inquisitor-general Bonifaz. December 27, 1774, was despatched the application to the papacy for the commission, carefully framed to avoid attributing to the latter any share in the selection or appointment and merely asking for a delegation of faculties, accompanied with instructions to the ambassador Floridablanca to procure for Bertran a dispensation from residence at his see during his term of office. Clement XIV had died, September 22, 1774, and the intrigues arising from the suppression of the Jesuits delayed the election of Pius VI until February 15, 1775, but on February 27th the commission and dispensation were signed. March 25th, Carlos sent the commission to the royal Camara for examination before its delivery to Bertran and the Camara reported, April 24th, that its fiscal pronounced it similar to that granted to Bonifaz in 1755, but that it did not express as it should the royal nomination and had the form of a motu proprio; he also objected to its granting the power of appointment and further that some of the faculties included infringed on the royal and episcopal jurisdictions, while the clauses on censorship conflicted with the royal decrees. Under these reserves the brief was ordered to be delivered to Bertran; whether or not a protest was made to the curia does not appear, but if it was it was ineffective for the same formula was used in the commission issued to Inquisitor-general Agustin Rubin de Cevallos, February 17, 1784.[762]

THE INQUISITOR-GENERALSHIP

It may be assumed as a matter of course that the king had no power to dismiss an inquisitor-general who held his commission at the pleasure of the pope, but the sovereign had usually abundant means of enforcing a resignation. Whether that of Alfonso Suárez de Fuentelsaz, in 1504, was voluntary or coerced is not known, but the case of Cardinal Manrique, the successor of Adrian, shows that if an inquisitor-general was not forced to resign he could be virtually shelved. Manrique, as Bishop of Badajoz, after Isabella’s death, had so actively supported the claims of Philip I that Ferdinand ordered his arrest; he fled to Flanders, where he entered Charles’s service and returned with him to Spain, obtaining the see of Córdova and ultimately the archbishopric of Seville.[763] Perhaps he incurred the ill-will of the Empress Isabella soon after his appointment, for we find him complaining, January 23, 1524, to Charles that when in Valencia she had ordered the disarmament of the familiars and the arrest of Micer Artes, a salaried official of the Inquisition, violations of its privileges for which he asked a remedy.[764] In 1529, he gave more serious cause of offence. When Charles sailed, July 28th, to Italy for his coronation, he placed under charge of the empress Doña Luisa de Acuña, heiress of the Count of Valencia, until her marriage should be determined. There were three suitors—Manrique’s cousin the Count of Treviño, heir apparent of the Duke of Najera, the Marquis of Astorga and the Marquis of Mayorga. The empress placed her ward in the convent of San Domingo el Real of Toledo, where Manrique abused his authority by introducing his cousin; an altar had been prepared in advance and the marriage was celebrated on the spot. The empress, justly incensed, ordered him from the court to his see until the emperor should return and turned a deaf ear to the representations by the Suprema, December 12th, of the interference with the holy work of the Inquisition and the discredit cast upon it. It was probably to this that may be referred the delay in his elevation to the cardinalate, announced March 22, 1531, after being kept in petto since December 19, 1529. On Charles’s return, in 1533, he was allowed to take his place again, but he fell into disgrace once more in 1534, when he was sent back to his see where he died at an advanced age in 1538. Still, this was not equivalent to dismissal; he continued to exercise his functions and his signature is appended to documents of the Inquisition at least until 1537.[765] Yet while thus dealing with the inquisitor-general the crown could exercise no control over the tribunals. The empress was interested in the case of Fray Francisco Ortiz, arrested April 6, 1529, by the tribunal of Toledo, and she twice requested the expediting of his trial for which, October 27, 1530, she alleged reasons of state, but the tribunal was deaf to her wishes as well as to those of Clement VII who interposed July 1, 1531, and the sentence was not rendered until April 17, 1532.[766]

There was no occasion for royal interference with Inquisitors-general Tavera, Loaysa or Valdés. If the latter was forced to resign, in 1566, it was not by order of Philip II but of Pius V for his part, as we shall see hereafter, in the prosecution of Carranza, Archbishop of Toledo. So if Espinosa, in 1572, died in consequence of a reproof from Philip II, it was not for official misconduct and merely shows the depth of servility attainable by the courtiers of the period. The reign of the feeble Philip III however afforded several instances that the royal will sufficed to create a vacancy. He had scarce mounted on the throne as a youth of twenty, on the death of Philip II, September 13, 1598, before he sought to get rid of Inquisitor-general Portocarrero, who had, it is said, spoken lightly of him, or had incurred the ill-will of the favorite, the Duke of Lerma. To effect this, a bull was procured from Clement VIII requiring episcopal residence; Portocarrero was Bishop of Cuenca, a see reputed to be worth forty thousand ducats a year, but he preferred to abandon this and made fruitless efforts at Rome to be permitted to do so. He left Madrid in September, 1599, for Cuenca and died of grief within a twelve-month, refusing to make a will because, as he said, he had nothing to leave but debts that would take two years’ revenue of his see to pay.[767] His successor, Cardinal Fernando Niño de Guevara fared no better. He was in Rome at the time of his appointment and did not take possession of his office until December 23, 1599, but already in May, 1600, there were rumors that he was to be superseded by Sandoval y Rojas, Archbishop of Toledo. Yet, in 1601, he was made Archbishop of Seville and he sought to purchase Philip’s favor by a gift of forty thousand ducats and nearly all his plate. This was unavailing and, in January, 1602, he was ordered to reside in his see, when he dutifully handed in his resignation.[768] Juan de Zuñiga, who succeeded, had a clause in his commission permitting him to resign the administration of his see in the hands of the pope, but the precaution was superfluous for he died, December 20, 1602, after only six weeks’ enjoyment of the office, for which he had sacrificed thirty thousand ducats a year from his see. He was old and feeble and his death was attributed to his coming in winter from a warm climate to the rigors of Valladolid, then the residence of the court.[769]

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The question of non-residence was happily solved, for a time at least, by selecting as the next incumbent Juan Bautista de Azevedo, Bishop of Valladolid, the seat of the court. He was a person of so little consequence that the appointment aroused general surprise until it was recalled that he had been a secretary of Lerma. When the court removed to Madrid, in 1606, he was obliged to choose between the two dignities and his resignation of the bishopric was facilitated by granting him a pension of twelve thousand ducats on the treasury of the Indies, besides which, as Patriarch of the Indies, he had a salary of eight thousand.[770] His death soon followed, in 1608, when Sandoval y Rojas, the uncle of Lerma, obtained the position without sacrificing his primatial see of Toledo, a dispensation for non-residence being doubtless easily obtained by such a personage.

Sandoval was succeeded, in 1619, by Fray Luis de Aliaga, a Dominican who had been Lerma’s confessor. In 1608 Lerma transferred him to the king, over whom his influence steadily increased, although his doubtful reputation is inferable from the popular attribution to him of the spurious continuation of Don Quixote, published in 1614 under the name of Avellaneda—a work of which the buffoonery and indecency are most unclerical.[771] Though he owed his fortune to Lerma, he joined, in 1618, in causing his patron’s downfall in favor of Lerma’s nephew, the Duke of Uceda, and during the rest of Philip’s reign Uceda and Aliaga virtually ruled and misgoverned the land, filling the offices with their creatures, selling justice and intensifying the financial disorders which were bringing Spain to its ruin. When Philip IV succeeded to the throne, March 31, 1621, under tutelage to his favorite Olivares, their first business was to dismiss all who had been in power under the late king. The secular officials were easily disposed of, but the papal commission of the inquisitor-general rendered him independent of the king; he did not manifest the accommodating disposition of Portocarrero and Guevara and, as he was not a bishop, he could not be ordered to his see. It illustrates the anomalous position of the Inquisition, as part of an absolute government, that for some weeks the question of his removal was the subject of repeated juntas and consultations, but finally, April 23d, Philip wrote, ordering him to leave the court within twenty-four hours, for the Dominican Convent of Huete, where his superior would give him further instructions. He obeyed, but he refused the bishopric of Zamora and the continuance of his ecclesiastical revenues as the price of his resignation. The only method left was to obtain from Gregory XV the withdrawal of his delegated powers by representing his unworthiness, his guilty complicity with Uceda and Osuna and Philip III’s reproach to him on his death-bed for misguiding his soul to perdition. Gregory listened favorably and Aliaga seems to have recognized the untenableness of his position and to have resigned, although no evidence of it exists. All we know is that Andrés Pacheco, Bishop of Cuenca, was appointed as his successor in February, 1622, and took possession of the office in April. Even after this Aliaga was an object of apprehension. In June, 1623, he came to Hortaleza, which was within a league or two of Madrid. Immediately the court was in a flutter; the king held earnest consultations; his propinquity was regarded as dangerous and he could not be allowed to return, as he had asked, to his native Aragon, which was in a chronically inflammable condition, while in Valencia his brother was archbishop; nor could he be allowed to leave the kingdom, possessing as he did so intimate a knowledge of state secrets. There were messages and active correspondence and finally he was allowed to settle in Guadalajara with ample means, where his remaining three years of life passed in obscurity. Llorente tells us that proceedings were commenced against him for propositions savoring of Lutheranism and materialism, which were discontinued after his death, a device doubtless adopted to keep him in retirement.[772]

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Andrés Pacheco, who succeeded him in 1622, prudently resigned his see of Cuenca and, in spite of his audacious enforcement of inquisitorial claims, was allowed to hold the office until his death, April 7, 1626.[773] There was no haste in filling the vacancy, for it was not until August 6th that Olivares replied to the king’s order to report in writing the best persons to fill the office. He named four, covertly indicating his preference for Cardinal Zapata, who had resigned the archbishopric of Burgos in 1605 and at the time was governor of that of Toledo. Philip followed the suggestion by an endorsement on the paper, which was a singularly informal appointment, remarking at the same time that the choice should not be made public until his successor at Toledo was selected.[774] His resignation of the office, in 1632, is commonly attributed to a request from the king, but this is by no means certain. He was more than eighty years of age and for some time had been talking of resigning; already in 1630 the Suprema alludes in a consulta to the publicity of his intention of relieving himself of the charge. Possibly at the end some gentle pressure may have been used, but when, September 6, 1632, the commission of his successor arrived, his parting with the king was in terms of mutual respect and good feeling. His retirement was softened by continuing to him his full salary and perquisites, amounting to 1,353,625 mrs. (3620 ducats) which, as the Suprema never had enough revenue for its desires, was not cordially welcomed.[775]

His successor, the Dominican Fray Antonio de Sotomayor, was Archbishop of Damascus in partibus and confessor of the king. He was already in his seventy-seventh year and, when he had held his office for eleven years, his infirmities and incapacity became more evident to others than to himself. Early in 1643 the fall of Olivares deprived him of support, his opposition to the king in the matter of appointments still further weakened his position and in June he was requested to resign in view of his advanced age and to preserve his health. He was much disturbed and consulted friends, who advised him to obey, but he still held on, saying that they might await his death. Greater pressure was applied to which he yielded. June 20th he made a formal notarial attestation of his desire to be relieved on account of his great age and the next day he sent in an ungracious resignation, followed, on the 24th by one addressed to the pope. His successor, Diego de Arce y Reynoso, Bishop of Plasencia, was already on the spot, exercising some of the functions, but Urban VIII hesitated to confirm the change and required explanations. It was not until September 18th that the commission of Arce y Reynoso was expedited and it only reached Madrid November 7th. Sotomayor was “jubilated” with half his salary of nine thousand ducats, which he enjoyed for five years longer.[776]

Arce y Reynoso, as we shall see, when embroiled with Rome in the prosecution of Villanueva, Marquis of Villalva, was obliged to resign his see of Plasencia, December 2, 1652, in order to retain his inquisitor-generalship. He continued in office until his death, June 20, 1665, followed by that of Philip, September 16th. During this interval, Philip gave the appointment to Pascual of Aragon, son of the Duke of Cardona and serving at the time as Viceroy of Naples. He promptly sailed for Spain and, though he is said to have resigned without acting, there are documents of October and November, 1665, which show that he performed the functions of the office.[777] He obtained the see of Toledo March 7, 1666, and desired to retain the inquisitor-generalship, but the Queen-regent, Maria Ana of Austria, compelled him to resign, in order to fill the place with her confessor and favorite the German Jesuit, Johann Everardt Nithard.[778]

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Nithard, in 1668, boasted that he had had charge of the queen’s conscience for twenty-four years, during which she had kept him constantly with her. He had thus moulded her character from youth and, as she was weak and obstinate, he had rendered himself indispensable. Her selection of him as inquisitor-general provoked lively opposition, which even reverence for royalty could not repress; protests were presented, leading to prolonged and heated discussion, but resistance was in vain.[779] He was appointed October 15, 1666, and speedily became the ruler of the kingdom which he misgoverned. The general dissatisfaction thus aroused was stimulated by the jealousy of the frailes, who had been accustomed to see Dominicans as royal confessors and whose hatred of the Company of Jesus was exacerbated by his combination of that position with the inquisitor-generalship. He was accused of filling the Holy Office with Jesuit calificadores, under whose advice he managed it, and with accumulating for himself pensions amounting to sixty thousand ducats a year. Spain at the time had a pinchbeck hero in the person of the second Don Juan of Austria, son of Philip IV by a woman known as la Calderona; he stood high in popular esteem, for he had the reputation of suppressing the Neapolitan revolt of 1648 and of ending the Catalan rebellion by the capture of Barcelona in 1652. Between him and Nithard there inevitably arose hostility which ripened into the bitterest hatred. To get him out of the country, he was given command of an expedition about to sail for Flanders; he went to Coruña but refused to sail; he was ordered to retire to Consuegra, whither a troop of horse was sent to arrest him, but he had fled to Catalonia, leaving a letter addressed to the queen in which he said that the execrable wickedness of Nithard had forced him to provide for his safety; his refusal to sail had been caused by his desire to remove from her side that wild beast, so unworthy of his sacred office; he did not propose to kill him for he did not wish to plunge into perdition a soul in such evil state, but he would devote himself to relieving the kingdom of this basilisk, confident that the queen would recognize the service thus rendered to the king.

This letter and a similar one of November 13th were widely circulated and inflamed the popular detestation of Nithard. Don Juan stood forward as the champion of the people against the hated foreigner and continued to issue inflammatory addresses. Letters came pouring into the court, from the cities represented in the Córtes, praying the queen to accede to his demands but, though her councillors wavered, she stood firm. December 3d she wrote to him to return to Consuegra or to come near to Madrid, where negotiations could be carried on. While taking advantage of this he avoided the trap by writing that, as his life was endangered, her envoy, the Duke of Osuna, had furnished him with a guard of three companies of horse—about 250 men in all. With this escort he started from Barcelona by way of Saragossa. It was in vain that orders were sent from the court to insult him on the road. Everywhere his journey was like a royal progress. Nobles and peoples gathered to applaud him and, in Saragossa even the tribunal of the Inquisition bore a part, while the students carried around the effigy of a Jesuit and burnt it before the Jesuit house, forcing the rector to witness it from the window.

As he drew near to Madrid with his handful of men, Nithard called on the nobles of his party to assemble with their armed retainers, but the Council of Regency prohibited this. Don Juan was in no haste; on February 9th he reached Junquera, some ten leagues from Madrid and, on the 22d, he was at Torrejon de Ardoz, about five leagues distant. Imminent danger was felt that if he advanced the populace would rise and murder the ministers to whom they attributed their sufferings, and all idea of resistance was abandoned. Nithard induced the papal nuncio to see Don Juan, February 24th, and ask further time for negotiation but at 9 P.M. the nuncio returned with word that Nithard must leave Spain at once. The Royal Council sat until 10 P.M. and reached the same conclusion. The next day the city was in an uproar; people carried their valuables to the convents for safe keeping and a mob assembled around the palace, where the Junto de Gobierno drew up a decree that Nithard must depart within three hours. It bore that he had supplicated permission to leave and in granting it the queen, to express her satisfaction with his services, appointed him ambassador to Germany or to Rome as he might elect, with retention of all his offices and salaries. The queen signed this and the Archbishop of Toledo and the Count of Peñaranda were deputed to carry it to Nithard, who received it without a trace of emotion and placed himself at their disposal. It was arranged that they should call for him at 6 P.M. The archbishop and the Duke of Maqueda came with two coaches and Nithard entered, carrying with him nothing but his breviary. Thrice, in the streets, the howling mob threatened an attack, but were deterred by the sight of a cross with which the archbishop had prudently provided himself. They drove him to Fuencarral, about two leagues from the city and left him at the house of the cura. The next day he went to San Agustin, about ten leagues distant, where he lingered for awhile in the vain hope of recall.

THE INQUISITOR-GENERALSHIP

Don Juan fell back to Guadalajara, where terms were agreed upon, the principal articles being that Nithard should immediately resign all his offices and never return to Spain and that Diego de Valladares, Don Juan’s special enemy, should have nothing to do in any matter affecting him. Nithard accordingly went to Rome, but he had no commission to show and no instructions. He reported this to the Council of State, which told him to urge the definition by the Holy See of the Immaculate Conception. The queen endeavored by a subterfuge to obtain for him a cardinal’s hat, which had been promised to Spain, but failed. He still hoped for a return to his honors, stimulated by the correspondence of his confidential agent, the Jesuit Salinas, but a letter warning him not to resign the inquisitor-generalship, for things were tending towards his return, with a lodging in the queen’s palace, chanced to fall into the hands of the nuncio, who placed it where it would do the most good. The result was a peremptory order for him to resign in favor of Valladares, who had been nominated as his successor. When this was handed to him by San Roman, the Spanish ambassador, he is said to have fainted and not to have recovered his senses for an hour. The coveted cardinal’s hat was bestowed on Portocarrero, Dean of Toledo, and when the news of this reached the queen it threw her into a tertian fever. The Jesuit General Oliva, seeing Nithard thus stripped of his offices and offended at his arrogance, ordered him to leave Rome and he retired to a convent, but he was amply provided with funds and, for some years at least, he was carried on the books of the Suprema and received his salary regularly. Moreover, in 1672, the queen procured from Clement X what Clement IX had persistently refused and Nithard was created Archbishop of Edessa and cardinal.[780]

Valladares had received his appointment September 15, 1669. It was not until 1677 that he resigned his see of Plasencia and he held the inquisitor-generalship until his death, January 29, 1695. He was succeeded by Juan Thomás de Rocaberti, Archbishop of Valencia, for whom Innocent XII, at the request of Carlos II, granted a dispensation from residence, conditioned on his making proper provision for the spiritual and temporal care of his see.[781] He died June 13, 1699, and his successor, Alfonso Fernández de Aguilar, Cardinal of Córdova, followed him September 19th, the very day that his commission arrived, after a brief illness and not without grave suspicions of poison.[782] The choice then fell on Balthasar de Mendoza y Sandoval, Bishop of Segovia, who became involved, as we shall see, in a deadly quarrel with his colleagues of the Suprema over the case of Fray Froilan Díaz. In the confusion of the concluding months of the disastrous reign of Carlos II, who died November 1, 1700, Mendoza made the mistake of embracing the Austrian side; his arbitrary action, in the case of Froilan Díaz, served as a sufficient excuse for his removal and Philip V, apparently in 1703, ordered him to return to his see. He is generally said to have resigned in 1705 but, in the papal commission, March 24, 1705, for his successor Vidal Marin, Clement XI states that he has seen fit to relieve Mendoza of the office because his presence is necessary at Segovia.[783] Vidal Marin served till his death in 1709 and so did his successor Riva-Herrera, Archbishop of Saragossa, who, however, enjoyed his dignity for little more than a year.

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Philip V had brought to Spain the Gallicanism and the principles of high royal prerogative which were incompatible with the pretensions of the curia and the quasi-independence of the Inquisition. With the Bourbons there opens a new era in the relations between the crown and the Holy Office. Yet in his first open trial of strength, Philip’s fatal vacillation, under the varying influences of his counsellors, confessors and wives, left him with a dubious victory. In 1711 he selected as inquisitor-general Cardinal Giudice, Archbishop of Monreal in Sicily, a Neapolitan of much ambition and little scruple. The recognition of the Archduke Charles as King of Spain by Clement XI, in 1709, had caused relations to be broken off between Madrid and Rome. Philip dismissed the nuncio, closed the tribunal of the nunciatura and forbade the transmission of money to Rome. There was talk in the curia of reviving the medieval methods of reducing disobedient monarchs to submission and Philip, to prepare for the struggle, ordered, December 12, 1713, the Council of Castile to draw up a statement of the regalías which would justify resistance to the demands of the curia and to the jurisdiction exercised by nuncios. It was a quarrel which had been in progress for a century and a half, now breaking out fiercely and then smothered, but none the less bitter. The Council entrusted the task to its fiscal, Melchor Rafael de Macanaz, a hard-headed lawyer, fully imbued with convictions of royal prerogative, whose report was, in general and in detail, thoroughly subversive of Ultramontanism and consequently most distasteful to the curia.[784] When it was presented to the council, December 19th, Don Luis Curiel and some others prevented a vote and asked for copies that they might consider the matter maturely. Copies were given to each member, consideration was postponed and on February 14, 1714, Molines, the ambassador at Rome, reported that copies had been sent there by Curiel, Giudice and Belluga, Bishop of Murcia. Although it was a secret state paper, the curia issued a decree condemning it and, coupled with it, an old work, Barclay’s reply to Bellarmine and a French defence of the royal prerogative by Le Vayer, attributed to President Denis Talon. Such a decree could not be published in Spain without previous submission to the Royal Council, but Giudice was relied upon to evade this. He was nothing loath, for he had an old quarrel with Macanaz, who had prevented his obtaining the archbishopric of Toledo, his enmity being so marked that at one time Philip, to separate them, had sent Macanaz to France with the title of ambassador extraordinary, but without functions. At the moment Giudice was ambassador to France and the decree was sent to him; he declined to act unless assured of the protection of the courts of Rome and Vienna and, on receiving pledges of this, he signed it, July 30th as inquisitor-general and sent it to the Suprema for publication. Four of the members promptly signed it and had it published at high mass in the churches on August 15th. This created an immense sensation and exaggerated accounts were circulated of the errors and heresies contained in the unknown legal argument which Macanaz had prepared in the strict line of his duty.

When Philip was informed the next day of this audacious proceeding he called into consultation his confessor Robinet and three other theologians, who submitted on the 17th an opinion in writing that the Suprema should be required to suspend the edict and that Giudice should be dismissed and banished. The Suprema obeyed, excusing itself on the pretext that it had supposed, as a matter of course, that Giudice had submitted the edict to the king. He was not satisfied with this and dismissed three of them, but they refused to surrender their places. Then he summoned a meeting of the Council of Castile, pointing out that, if such things were permitted, the kingdom would be reduced to vassalage under the Dataria and other tribunals of the curia; the Council was not to separate until every member had recorded his opinion as to the measures to be taken. Seven of them voted for dismissing and banishing Giudice, while four showed themselves favorable to the Inquisition. Meanwhile, on the 17th, Philip had despatched a courier to Paris summoning Giudice to return and informing Louis XIV of the affair. The latter, recognizing that the decree was an assault on the French as well as the Spanish regalías, refused to Giudice a farewell audience and sent his confessor Le Tellier to tell him that, were he not certain that Philip would punish him condignly, he would do so himself. When Giudice reached Bayonne he was met by an order not to enter Spain until the edict should be revoked. He replied submissively, enclosing his resignation, whereupon Philip commanded him to return to his archbishopric—a command which he did not obey. Felipe Antonio Gil de Taboada was appointed inquisitor-general and, on February 28, 1715, his commission was despatched from Rome; probably the Suprema interposed difficulties for he never served; he obtained the post of Governor of the Council of Castile, to be rewarded subsequently with the archbishopric of Seville.[785]

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Meanwhile there was a court revolution. María Luisa of Savoy, Philip’s wife, died February 11, 1714. The Princesse des Ursins, who had accompanied her to Spain and had become the most considerable personage in the kingdom, desired to find a new bride whom she could control. Giulio Alberoni, an adroit Italian adventurer, was then serving as the envoy of the Duke of Parma and persuaded her that Elisabeth Farnese, the daughter of his patron, would be subservient to her, and the match was arranged. December 11, 1714, Elisabeth reached Pampeluna and found Alberoni there ready to instruct her as to her course and his teaching bore speedy fruit. Des Ursins had also hastened to meet the new queen and was at Idiaguez, not far distant, where she received from the imperious young woman an order to quit Spain. Alberoni, who was in league with Giudice and hated Macanaz, painted him to Elisabeth in the darkest colors and his ruin was resolved upon.

He had been pursuing his duty as Fiscal-general of the Council of Castile; in July, 1714, he had occasion to make another report on the notorious evils of the Religious Orders, pointing out the necessity of their reform and asserting that the pope is not the master of ecclesiastical property and spiritual profits. Some months later he was called upon to draw up a complete reform of the Inquisition, suggested doubtless by the pending conflict, for which an occasion was found in an insolent invasion of the royal rights by the tribunal of Lima. The Council of Indies complained that the latter had removed from the administration of certain properties indebted to the royal treasury the person appointed by the Chamber of Accounts, on the plea that the owner was also a debtor to the Inquisition. Philip V thereupon ordered Macanaz, in conjunction with D. Martin de Miraval, fiscal of the Council of Indies, to make a report covering all the points on which the Holy Office should be reformed. The two fiscals presented their report November 14, 1714, exhaustively reviewing the invasions of the royal jurisdiction which, as we shall see hereafter, were constant and audacious, and their recommendations were framed with a view of rendering the Inquisition an instrument for executing the royal will, to the subversion of the jealously-guarded principle that laymen should be wholly excluded from spiritual jurisdiction.[786]

In the reaction wrought by Elisabeth and Alberoni, Macanaz was necessarily sacrificed. Philip, notoriously uxorious, speedily fell under the domination of his strong-minded bride and Alberoni became the all-powerful minister. Giudice, who had been loitering on the borders, was recalled and, on March 28, 1715, Philip abased himself by signing a most humiliating paper, evidently drawn up by Giudice, reinstating the latter and apologizing for his acts on the ground of having been misled by evil counsel.[787] Alberoni and Giudice, however, were too ambitious and too unprincipled to remain friends. Their intrigues clashed in Rome, the one to obtain a cardinal’s hat, the other to advance his nephew. Alberoni had the ear of the queen and speedily undermined his rival. Giudice was also tutor of the young prince Luis; on July 15, 1716, he was deprived of the post and ordered to leave the palace and, on the 25th, he was forbidden to enter it. He fell into complete disfavor and shortly left Spain for Rome, where he placed the imperial arms over his door. His resignation must have followed speedily for, on January 23, 1717, the tribunal of Barcelona acknowledges receipt of an announcement from the Suprema that the pope has at last acceded to the reiterated requests of Cardinal Giudice to be allowed to resign and has appointed in his place D. Joseph de Molines, as published in a royal decree of January 9th.[788] Alberoni obtained the coveted cardinalate but his triumph was transient. He replaced the king’s confessor, Father Robinet with another Jesuit, Father Daubenton, who soon intrigued against him so successfully and so secretly that the first intimation of his fall was a royal order, December 5, 1719, to leave Madrid within eight days and Spain in three weeks. He vainly sought an audience of Philip and was forced to obey.[789]

THE INQUISITOR-GENERALSHIP

Although the episode of Giudice is thus closed, the fate of Macanaz is too illustrative of inquisitorial methods and of royal weakness to be passed over without brief mention. He had incurred the undying hatred of the Inquisition simply in discharge of his duty as an adviser of the crown, with perhaps an excess of zeal for his master and an intemperate patriotism that strove to restore its lost glories to Spain. It was impossible to continue him in his high function while recalling Giudice and, as a decent cover for banishment, he was allowed, in March, 1715, to seek the waters of Bagnères for his health, when he departed on an exile that lasted for thirty-three years to be followed by an imprisonment of twelve. Giudice promptly commenced a prosecution for heresy, sufficient proof of which, according to the standards of the Holy Office, was afforded by his official papers. As he dared not return, his trial in absentia resulted, as such trials were wont to do, in conviction, and he seems to have been sentenced to perpetual exile with confiscation of all his property, including even five hundred doubloons which the king was sending to him at Pau through a banker of Saragossa. All his papers and correspondence in the hands of his friends were seized and his brother, a Dominican fraile, whom the king had placed in the Suprema, was arrested in the hope of obtaining incriminating evidence.[790]

Thenceforth he led a life of wandering exile, so peculiar that it is explicable only by the character of Philip. He was in constant correspondence with high state officials and was frequently entrusted with important negotiations. Sometimes he was under salary, but it was irregularly paid and for the most part he had to struggle with poverty. When the Infanta María Ana Vitoria was sent back to Spain from France, in 1725, he was commissioned to attend her to the border and from there he went as plenipotentiary to the Congress of Cambray, with the comforting assurance that the king was endeavoring to put an end to the affair of the Inquisition—an effort apparently frustrated by the influence of Père Daubenton.[791] It was possibly with a view to overcome this fatal enmity that he occupied his leisure, between 1734 and 1736, in composing a defence of the Inquisition from the attacks of Dr. Dellon and the Abbé Du Bos. In this he had nothing but praise for its kindliness towards its prisoners, its scrupulous care to avoid injustice, the rectitude of its procedure and the benignity of its punishments. Beyond these assertions, the defence reduces itself to showing that, from the time when the Church acquired the power to persecute, it has persecuted heretics to the death and that the heretics in their turn have been persecutors—propositions readily proved from his wide and various stores of learning and sufficient to satisfy a believer in the semper et ubique et ab omnibus.[792] Ten years later, when Fernando VI ascended the throne in 1746, Macanaz addressed him a memorial on the measures requisite to relieve the misery of Spain and in this he superfluously urged the maintenance of the Inquisition in all its lustre and authority.[793] In spite of all this it was unrelenting and his entreaties to be allowed to return were fruitless.

In 1747 he was sent to the Congress of Breda where he mismanaged the negotiations, deceived, it is said, by Lord Sandwich. Relieved and ordered, in 1748, to present himself to the Viceroy of Navarre at Pampeluna, after some delay he was carried to Coruña and immured incomunicado in a casemate of the castle of San Antonio, a prison known as a place of rigorous confinement. Even the authorities there compassionated him and, at their intercession, he was removed to an easier prison and permitted the use of books and writing materials. Here, during a further captivity of twelve years, the indomitable old man occupied himself with voluminous commentaries on the Teatro crítico of Padre Feyjoo and the España sagrada of Florez, with many other writings and memorials to the king. It was not until the death of the latter, in 1760, that Elisabeth of Parma, the regent and the cause of his misfortunes, liberated him with orders to proceed directly to Murcia. At Leganes he was greeted by his wife and daughter, with whom he went to Hellin, his birth-place, where he died on the following November 2d, in his ninety-first year.[794]

THE INQUISITOR-GENERALSHIP

There is no record of any further exercise of royal control over inquisitors-general until, in 1761, Clement XIII saw fit to condemn the Catechism of Mesengui for its alleged Jansenism in denying the authority of popes over kings. The debate over it in Rome had attracted the attention of all Europe and the prohibition of the book was regarded as a general challenge to monarchs. Carlos III had watched the discussion with much interest, especially as the work was used in the instruction of his son. He expressed his intention of not permitting the publication of the prohibition but, by a juggle between the nuncio and the inquisitor-general, Manuel Quintano Bonifaz, an edict of condemnation was hastily drawn up of which copies were given to the royal confessor on the night of August 7th. They did not reach the king at San Ildefonso until the morning of the 8th, who at once despatched a messenger to Bonifaz ordering him to suspend the edict and recall any copies that might have been sent out. Bonifaz replied that copies had already been delivered to all the churches in Madrid and forwarded to nearly all the tribunals; to suppress it would cause great scandal, injurious to the Holy Office, wherefore he deeply deplored that he could not have the pleasure of obeying the royal mandate. Carlos was incensed but contented himself with ordering Bonifaz to absent himself from the court; he obeyed and, in about three weeks, made an humble apology, protesting that he would forfeit his life rather than fail in the respect due to the king. Carlos then permitted him to return and resume his functions and, when the Suprema expressed its gratitude, he significantly warned it to remember the lesson.[795] He took warning himself and, on January 18, 1762, he issued a pragmática systematizing the examination of all papal letters before issuing the royal exequatur which permitted their publication.[796]

Carlos III had no further occasion to exercise his prerogatives but it was otherwise with Carlos IV. His first appointee, Manuel Abad y la Sierra, Bishop of Astorga, who assumed office May 11, 1793, had but a short term, for he was requested to resign in the following year. His successor, Francisco Antonio de Lorenzana, Archbishop of Toledo, who accepted the post September 12, 1794, was not much more fortunate, although his enforced resignation, in 1797, was decently concealed under a mission to convey to Pius VI the offer of a refuge in Majorca. He was followed by Ramon José de Arce y Reynoso, Archbishop of Saragossa, who resigned March 22, 1808, four days after the abdication of Carlos IV in the “tumult of lackeys” at Aranjuez, probably to escape his share of the popular odium directed against the favorite Godoy.[797] During the short-lived revival of the Inquisition under the Restoration, its dependence on the royal power was too great for differences to arise that would provoke assertions of the prerogative.

THE SUPREMA

The relations of the crown with the Suprema were originally the same as with the other royal councils. The king appointed and removed at will although, as the members came to exercise judicial functions, it was necessary for the inquisitor-general to delegate to them the papal faculties which alone conferred on them jurisdiction over heresy. Ferdinand exercised the power of appointment and removal and, as his orders were requisite for the receivers of confiscations to pay their salaries, it is scarce likely that anyone had the hardihood to raise a question.[798] We have seen how he forced the members to accept as a colleague Aguirre though he was a layman, how Ximenes when governor of Castile removed him and Adrian reinstated him. The earliest formula of commission that I have met is of the date of 1546; it bears that it is granted by the inquisitor-general, who constitutes the appointee a member and invests him with the necessary faculties, and it is moreover countersigned by the other members.[799] In this there is no allusion to any nomination by the king, although the appointment lay in his hands. In 1573 the Venitian envoy Leonardo Donato so states, adding that the popes felt very bitterly the fact that they had no participation in it; they had repeatedly tried to secure the membership of some one dependent upon them, such as the nuncio, but Philip would not permit it; the council did nothing without his consent, tacit or expressed.[800] At some period, not definitely ascertainable, the custom arose of the inquisitor-general presenting three names from among which the king made selection. At first the number of members was uncertain, but it came to be fixed at five, in addition to the inquisitor-general. To these Philip II added two from the Council of Castile; as these were sometimes laymen, he finally had scruples of conscience and, in his instructions to Manrique de Lara, in 1595, he tells him that when there are fitting ecclesiastics in the Council of Castile they are to be proposed to him for selection; if there are not, it is to be considered whether a papal brief should be procured to enable them to act in matters of faith.[801] These adventitious members came to be known as consejeros de la tarde, as they attended only twice a week and in the afternoon sessions of the body, where its secular business was disposed of, and thus they took no share in matters of faith. Their salary was one-third that of the others.

The royal authority was emphatically asserted when, in 1614, Philip III ordered that a supernumerary place should be made for his confessor Fray Aliaga, with precedence over his colleagues and a salary of fifteen hundred ducats; also that when the royal confessor was a Dominican he should always have this place and, when he was not, that it should be given to a Dominican. The Suprema accepted Aliaga but demurred to the rest, when Lerma peremptorily ordered it to be entered on the records; there were murmurings followed by submission. After the accession of Philip IV, he ordered the Council to make out a commission for his confessor, the Dominican Sotomayor, to which there was ineffectual opposition.[802] The rule held good. Soon after the Inquisition was reorganized under the Restoration, Fernando VII, July 10, 1815, appointed his confessor, Cristóbal de Bencomo, a member to serve without salary for the time but with the reversion of the first vacancy and all the honors due to his predecessors; he had the seat next to the dean and when the latter died, February 16, 1816, he took his position and salary.[803] Philip V ordered that a seat should always be occupied by a Jesuit; this of course lapsed with the expulsion of the Jesuits in 1767, after which Carlos III, in 1778, provided that the Religious Orders should have a representative by turns.[804]

THE SUPREMA

The royal power of appointment was not uncontested and gave rise to frequent debates. Philip IV sometimes yielded and sometimes persisted; occasionally the question was complicated and papal intervention was hinted at.[805] A decisive struggle came in 1640, in which the Suprema chose its ground discreetly. It suited Olivares to appoint Antonio de Aragon, a youthful cleric and the second son of the Duke of Cardona. Anticipating resistance, Philip announced the nomination imperiously; Don Antonio must be admitted the next day as he was about to start for Barcelona and any representations against it could be made subsequently. The Suprema replied that the inquisitor-general could not make the appointment and if he did so it would be invalid; Don Antonio was less than thirty years old; the canons require an inquisitor to be forty, although Paul III had reduced for Spain, the age to thirty; members of the Suprema were inquisitors and it was only as such that they sat in judgement without appeal in cases of faith. To this Philip rejoined that Olivares would report the efforts he had made to quiet his conscience in view of the great public good to result from the appointment, wherefore he expected that possession would be given to Don Antonio without delay. Matters went so far that the Duchess of Cardona wrote to her son to abandon the effort but the royal command prevailed; he obtained the position and in the following year he was made a member of the Council of State; he was already a member of the Council of Military Orders and the whole affair gives us a glimpse of how Olivares governed Spain.[806] Having thus asserted his prerogative, Philip, in 1642 and the early months of 1643, made four appointments without consultation. The remonstrances of the Suprema must have been energetic for Philip yielded and, in a decree of June 26 (or July 2), 1643, he agreed that the old custom of submitting three names should be renewed, with the innovation that the Suprema should unite in making the recommendations. Against this the inquisitor-general protested, but in vain. It was probably to make an offset to these royal nominees that, November 10, 1643, the inquisitor-general and Suprema asked that their fiscal should have a vote, which Philip refused.[807] The rule continued of submitting three names for selection, but the participation of the Suprema in this seems to have been dropped. The royal control, moreover asserted itself in the case of Froilan Díaz when, by decree of November 3, 1704, Philip V reinstated three members, Antonio Zambrana, Juan Bautista Arzeamendi and Juan Miguélez, who had been arbitrarily ejected and jubilado by Inquisitor-general Mendoza, ordering moreover that they should receive all arrears of salary.[808]

While thus the crown continued to exercise the right of selecting the heads of the Inquisition, its practical control was greatly weakened by one or two changes which established themselves. Of these perhaps the most important was the claim of the Suprema to interpose itself between the king and the tribunals, so that no royal commands to them should be obeyed unless they should pass through it, thus rendering the inquisitors subject to itself alone and not to the sovereign. In a government theoretically absolute this was substituting bureaucracy for autocracy and, when the example was followed, though at a considerable distance, by some of the other royal councils, it at times produced deadlocks which threatened to paralyze all governmental action.

We have seen that, towards the end of Ferdinand’s reign, his letters to the tribunals were sometimes countersigned by members of the Suprema, but that this was not essential to their validity and, when there was an attempt to establish such a claim, he was prompt to vindicate his authority. A royal cédula of October 25, 1512, gave certain instructions as to the manumission of baptized children of slaves whose owners had suffered confiscation. There was no question of faith involved, but when, in 1514, Pedro de Trigueros applied to the inquisitors of Seville to be set free under it, they refused on the ground that it had not been signed by the Suprema. He appealed to Ferdinand who promptly ordered the inquisitors to obey it; if they find Pedro’s story to be true they are to give him a certificate of freedom and meanwhile are to protect him from his master, who was seeking to send him to the Canaries for sale.[809] The claim which Ferdinand thus peremptorily rejected was persistently maintained during the period of confusion which followed his death. Whether it received positive assent from Charles is more than doubtful, although the Suprema so asserts in a letter of July 27 1528, ordering inquisitors to examine whether a certain royal cédula had been signed by its members, for the kings had ordered that none should be executed in matters connected with the Inquisition unless thus authenticated—thus basing the claim on the royal will and not on any inherent right of the Holy Office.[810] So complete was the autonomy thus established for the organization that a carta acordada or circular of instructions May 12, 1562, tells the tribunals that, if an inquiry from the king comes to them through any other council, they are to reply that if the king desires the information it will be furnished to him through the inquisitor-general or the Suprema.[811]

THE SUPREMA

The far-reaching importance of this principle can scarce be exaggerated. One of its results will be seen when we come to consider the complaints and demands of the Córtes and find that fueros directed against inquisitorial aggressions, in purely civil matters, when agreed to by the king were invalid without confirmation by the inquisitor-general. A single instance here will suffice to show the working of this. In 1599 various demands of the Córtes of Barcelona were conceded by Philip III. One regulated the number of familiars, which Philip promised that he would induce the inquisitor-general to put into effect, within two months if possible. Another provided that all officials, save inquisitors, should be Catalans; he agreed to charge the inquisitor-general and Suprema to observe this and he would get it confirmed by the pope. Another was that, in the secular business of the tribunal, the opinion of the Catalan assessor should govern, because he would be familiar with the local law; this he accepted and promised, in so far as it concerned the inquisitor-general and Suprema, to charge them to give such orders to the tribunal. Another was that commissioners and familiars should not be “religious,” to which his reply was the same. Another required the inquisitor-general to appoint a resident of Barcelona to hear appeals in civil cases below five hundred libras; this he said was just and he would charge the inquisitor-general to do so. After this, in fulfilment of his plighted word, he addressed the inquisitor-general in terms almost supplicatory “I charge you greatly that for your part you condescend and facilitate that what they have supplicated may be put in execution, in conformity with what I have conceded and decreed in each of these articles, which will give me particular contentment.” Not the slightest attention was paid to this request and, on May 6, 1603, Philip repeated it “As until now it is understood that not a single thing contained in it has been put in execution and, as I desire that it be enforced, I ask and charge you to condescend to it and help and facilitate it with the earnestness that I confidently look for.”[812] This second appeal was as fruitless as the first and the Catalans gained nothing. It is true that, in 1632, the Barcelona tribunal, in a memorial to Philip IV, asserted that Philip III had only assented to these articles to get rid of the Catalans and that he wrote privately to the pope asking him not to confirm them.[813]

This case may have been mere jugglery and collusion, but in general it by no means followed that royal decrees sent to the Suprema for transmission were forwarded. If it objected, it would respond by a consulta arguing their impropriety or illegality, and this would, if necessary, be repeated three or four times at long intervals until, perhaps, the matter was forgotten or dropped or some compromise was reached. The privilege that all instructions must be transmitted through the Suprema was therefore one of no little importance and it was insisted upon tenaciously. There was a convenient phrase invented which we shall often meet—obedecer y no cumplir—to obey but not to execute, which was very serviceable on these occasions. In 1610 the Suprema argued away a cédula of Philip III as invalid because it had been despatched through the Council of State and the king was repeatedly told to his face that the laws required his cédulas to be countersigned by the Suprema in order to secure their execution. This was done to Philip IV, in 1634, when he intervened in a quarrel and, in 1681 to Carlos II when there were difficulties threatened with foreign nations arising from abuses committed in examining importations in search of forbidden books.[814] As the questions calling for royal interposition as a rule affected only the wide secular and not the spiritual jurisdiction of the Inquisition, this created conditions unendurable in any well-organized government.

Another change which conduced greatly to the independence of the Inquisition was the control which it acquired over its finances. We have seen that, under Ferdinand, the confiscations and pecuniary penances belonged to the crown and that the salaries and expenses were paid by his orders. The finances of the Inquisition will be discussed hereafter and meanwhile it suffices to say that, after his death and the exuberant liberality of Charles to his Flemish favorites during his first residence in Spain, the diminishing receipts from these sources caused them to be virtually assigned to defraying the expenses of the Inquisition and they were no longer regarded as a source of supply to the royal treasury. Still, the money belonged to the crown and the Inquisition enjoyed it only under the authority and by virtue of the bounty of the sovereign.

FINANCIAL INDEPENDENCE

The growth of control over income and of virtual financial independence was gradual and irregular. Even Ferdinand, in his watchful care over his receivers of confiscations, felt the need of some central auditor and it seemed natural that he should be an official of the Suprema. Accordingly as early as 1509 we find a “contador general” in that position. In 1517 there are two officers, a contador and a receiver-general and, in 1520, the two are merged into one.[815] When, in 1513, Bishop Mercader was made inquisitor-general of Aragon he desired a statement from all receivers of their receipts and payments and of the property remaining in their hands and Ferdinand ordered them to comply, alluding to it as usual on the entrance of a new inquisitor-general.[816] This inevitably ripened into the transfer to that official of the control over receivers which Ferdinand had exercised, so that in place of being royal officials they became virtually officers of the Inquisition and eventually were designated as treasurers. By 1544 we find the Suprema to be the final court of revision of all the receivers of the local tribunals, whose accounts were rendered to it and audited by it.[817]

Still, in theory the money belonged to the crown and its disbursement could only be made under royal authority. The order for the payment of the ayuda de costa of the Suprema, July 21, 1517, was drawn in the name of la reyna y el rey—Juana and Charles.[818] After Charles reached Spain, in September of that year he made grants from the confiscations with a profusion that threatened to bankrupt the Inquisition, and if we find Adrian and the Suprema also occasionally issuing orders for payments it was undoubtedly under powers granted by Charles.[819] When Charles left Spain, May 20, 1520, he gave Adrian a general faculty for this purpose, but it seems to have been called in question, for he found it necessary to send from Brussels, September 12th, a cédula to all receivers confirming it and stating that Adrian’s orders, signed by members of the Suprema, would be received as vouchers by the auditor-general. Under this the Suprema exercised full authority over the funds collected by all the receivers and disposed of them at its pleasure. When Charles returned he presumably resumed control and, after his marriage with Isabel of Portugal, during his frequent absences, he left the power in her hands until her death May 1, 1539.[820] When he saw fit, moreover, he claimed and received a share of the spoils. A letter of Cardinal Manrique, June 17, 1537, shows that a portion of the proceeds of a certain auto de fe had been paid to him and another of October 11th, of the same year, addressed to him at the Córtes of Monzon, reinforces an appeal not to sacrifice the interests of the Inquisition to the Aragonese demands, with the welcome news that the receiver of Cuenca had arrived with the ten thousand ducats for which he had asked from the confiscations of that tribunal.[821]

Charles’s hasty departure in November, 1539, to quell the insurrection of Ghent left matters in some confusion. The Suprema, on March 20, 1540, wrote to Chancellor Granvelle that cédulas for the salaries, under the crown of Aragon, were always signed by the emperor and that the inquisitor-general could not do it; they had sent him a power for execution similar to that given to Cardinal Adrian but he had refused to sign it, saying that they could do as under Cardinal Manrique, forgetting that there had been the empress who always signed the cédulas, wherefore they ask him to get the emperor to sign the power. He doubtless did so, for an order, June 12th, on the receiver of Valencia to send fifteen hundred ducats for the salaries of the Suprema purports to be by virtue of a special power granted by their majesties. On Charles’s return he again assumed control and when he went to Italy, in 1543, he left Philip as regent, while during the absence of Philip there were successive regents who signed cédulas as called for by the Suprema.[822]

Yet, in spite of these formalities, the control of the crown was becoming scarcely more than nominal. It is true that, in 1537, Cardinal Manrique declared that he could not increase salaries without the royal assent but, when the crown undertook any exercise of power, the little respect paid to its commands is seen in the fate of an application made in 1544, by Juan Tomás de Prado, notary of the tribunal of Saragossa, to Prince Philip for an ayuda de costa of three hundred ducats. Philip ordered his prayer to be granted, but the death of Inquisitor-general Tavera served as a convenient pretext for disregarding the command. It was repeated, for the same amount, January 11, 1548, and finally, on June 4th, Inquisitor-general Valdés authorized the payment of a hundred ducats.[823]

FINANCIAL INDEPENDENCE

To perfect the absolute control of the confiscations, thus gradually assumed, it was necessary to keep the crown in ignorance of their amount. Its right to them was incontestable, and the Inquisition deliberately abused the confidence reposed in it when their collection was left in its hands. The less the king was allowed to know, the less likely he was to claim his share and the policy was adopted of deceiving him. As early as 1560 we have evidence of this in a letter to the inquisitors of Sicily instructing them, when reporting autos de fe to the king, to suppress all statements as to the confiscations, but to report them to the Suprema so that it may determine how far to inform him. This was doubtless a general mandate to all the tribunals; it was repeated in instructions of 1561 and we shall see that it became a settled practice.[824] This systematic concealment was the more indefensible from the fact that the Inquisition was now obtaining funds from other sources than confiscations. We shall see hereafter how it utilized the scare caused by the discovery of Protestantism in Valladolid and Seville in 1558, with the plea of additional expenses thus caused, to obtain from Paul IV a levy of a hundred thousand gold ducats on the revenues of the clergy and the more permanent endowment of a canonry to be suppressed for its benefit in every cathedral and collegiate church. A large portion of the inquisitors, moreover already held canonries and other benefices for which, under a brief of Innocent VIII, February 11, 1485, they were dispensed for non-residence.[825] The burden of the Holy Office was thus thrown largely on the ecclesiastical establishment, which remonstrated and resisted but was compelled to submit. It could thus look with equanimity on the shrinkage of the confiscations. In Valencia, an agreement was reached, in 1571, by which the Moriscos compounded for them with an annual payment to the tribunal of twenty-five hundred ducats.[826] The Judaizing heretics had been largely eliminated, especially the more wealthy ones, and it was not until some years after the conquest of Portugal, in 1580, that the influx of Portuguese New Christians brought a new and profitable harvest.

All this tended to the financial independence of the Inquisition although the crown by no means abandoned its claim on the confiscations. A book of receipts given by the royal representative in Valencia for the proceeds of the confiscations in 1593 shows that, under the financial pressure of the time, Philip II was reasserting his rights.[827] The treasury was empty when Philip III succeeded to the throne in 1598 and, among his expedients to raise money, he ordered the receivers of the tribunals to send to him all the funds in their hands, promising speedy repayment. The Suprema had no faith in the royal word and instructed the tribunals to retain enough to meet their own wants. The obedience of the tribunals was by no means prompt and the Suprema was obliged to order Valencia to comply with the royal demand and to furnish an oath that no money was left.[828]

In the earlier years of Philip IV the tendency of the Inquisition to emancipate itself from royal control grew rapidly. We shall see hereafter that when, in 1629, the king called for a statement of salaries and perquisites the Suprema equivocated and suppressed nearly all the information required. Still more significant was its attitude respecting the colonial tribunals, which the king supported under an annual expenditure of thirty thousand pesos, with the understanding that this should cease when the confiscations should become sufficient. These, which had been small at first, rapidly increased in the seventeenth century and were enormous between 1630 and 1650, when the whole trading communities of Peru and Mexico were shattered, enabling the tribunals to make permanent investments that rendered them wealthy, besides sending heavy remittances to the Suprema, which moreover seized the goods and credits in Seville of the colonial Judaizers. In addition to this, in 1627, a prebend in each cathedral was suppressed for the benefit of the tribunals. Yet the salaries were still demanded of the royal treasury and the repeated efforts of Philip III and Philip IV, from 1610 to 1650, to obtain statements of the receipts from confiscations and pecuniary penances were completely baffled. That was an inviolable secret which no royal official was allowed to penetrate. It is true that the colonial tribunals, on their side, adopted the same policy in concealing, as far as they could, from the Suprema the extent of their own gains.[829]

DEMANDS OF THE CROWN

Yet, in the ever-increasing distress of the crown, demands were made upon the Inquisition, as on all other departments of government, demands which it was forced to meet. Thus, for the ten years, 1632 to 1641 inclusive, an annual sum of 2,007,360 mrs. was required of it, to aid in defraying the cost of garrisons and fleet, and a statement of October 11, 1642, shows that it had paid the aggregate of 11,583,110 in vellon and 18,700 in silver, leaving a balance still due of 8,474,790.[830] Evidently there was good reason for concealing its revenues. In the frightful confusion of the finances which followed the revolution of Portugal and the revolt of Catalonia, in 1640, while Spain was heroically battling for existence against France and its rebellious subjects, the demands were varied and incessant—sometimes for sums so small as to reveal the absolute penury of the State—and Philip’s impatient urgency, as he chafed under the dilatoriness of the responses, shows the desperate emergencies in which he was involved. In 1643 a royal decree of February 16th ordered all officials to send their silver plate to the mint, a watch being kept and a report made so as to see that each sent a quantity proportioned to his station. To a complaint of delay in performance the Suprema replied that those who had sent in their silver could get no satisfaction from the mint—the delays were such that the promptitude required by the king was impossible.[831]

Even more arbitrary was the seizure, in 1644 at Seville, of a remittance of 8676 ducats in silver, a remittance from the colonial tribunals to the Suprema. In protesting against this the Suprema, February 29th, gave a deplorable account of its condition, owing to the demands made upon it by the king. On the 10th he had called upon it for 16,000 ducats which it would be wholly unable to raise if deprived of the silver that had been seized. It was already short in 7,724,843 mrs. of its annual expenses and the provincial tribunals were short 5,318,000, for it had impoverished them to meet the royal demands. Last year it had sold a censo of 18,000 ducats belonging to the tribunal of Saragossa, which was beseeching its return. It had also given the king 10,000 ducats for the cavalry and to raise this amount it had taken the sequestrations in the tribunal of Seville—a sacred deposit—including 20,000 ducats’ worth of wool, the owners of which, having been acquitted, were besieging it for their money. This dolorous plaint was effective in so far that the seizure at Seville was credited on account of the demand for 16,000 ducats.[832] How much of it was true we can only guess, for the Inquisition had means of raising money outside of its judicial functions. When, in 1640, the king summoned its familiars and officials to render military service like the nobles, the Suprema arranged that they should buy themselves off, and from this source was chiefly raised 40,000 ducats expended on two companies of horse, in return for which, by a cédula of September 2, 1641, the king promised to maintain inviolate the privileges and exemptions of the familiars and officials.[833]

These instances, out of many, will suffice to show how the crown, in its days of distress, was recouping itself for abandoning the spoils of the heretics. In time these special and arbitrary demands were systematized into an annual requirement of fifty horses, estimated at an outlay of about 5500 ducats and the raising and equipping of two hundred foot, costing 8000 ducats. The Suprema was in no wise prompt in meeting these demands; a cédula of June 24, 1662, tells it that what is due for the present year as well as the previous arrears, must be paid at once, otherwise an inventory of its property must be given to the president of the treasury, who will raise the money on it.[834] Subsequently there was a feeble attempt to return some of these contributions and, in each of the years 1673 and 1674, a trifling payment was made of 10,000 reales vellon, but, in 1676, the Suprema stated to Carlos II that in all it had furnished for remounts of horses 90,000 ducats vellon and 10,000 in silver and that its total assistance to the crown had amounted to no less than 800,000 pesos, equivalent to over 500,000 ducats, to accomplish which the salaries in many tribunals had been unpaid and vacancies of necessary offices had remained unfilled.[835] Still, as we shall have occasion to see, the Suprema always had money, not only for an undiminished pay-roll but for perquisites and amusements.

CLAIM ON THE CONFISCATIONS

The crown could not accept this assistance, however grudgingly rendered, without a sacrifice of its supremacy and the Inquisition came to treat with it as with an independent body. About this time the Suprema happens to mention, in a letter to the tribunal of Lima, that it had lent the king 40,000 pesos, of which 10,000 came from Peru and 30,000 from Mexico and that the Count of Medellin had become security for the return of the loan, as though it were a banker dealing with a merchant.[836] Yet all parties knew that these colonial remittances were derived from confiscations, the ownership of which the crown had never relinquished. This is the more noteworthy because, about this time, the king suddenly asserted his claims on some large sums which could not be wholly concealed. In 1678 the tribunal of Majorca unexpectedly made a successful raid on the whole New Christian population of Palma and, in the early months of 1679, there were more than two hundred penitents reconciled. As they constituted the active trading element of the place the confiscations were enormous and the affair attracted too much attention to be hidden. As soon as the news came of the arrests, the king wrote, May 20, 1678, to the viceroy to look carefully to the sequestrations because, in case of confiscation, the proceeds belonged to the treasury. The Suprema, however, made him hold his hands off with direful threats and kept control of the liquidation. After the condemnations, a consulta of July 5, 1679, shows that 50,000 pesos had already been paid to the king, but that the Inquisition was resolved to have its full share. In November the king acceded to a compromise under which 200,000 pesos were to be used to endow certain tribunals and to cancel certain loans made to him by the Inquisition—probably those just alluded to. The balance coming to him was estimated at 250,000 pesos but, in the handling of the assets and the settlements with creditors, the property melted away till the Suprema reported that it barely sufficed to meet the portion assigned to the Inquisition and finally, in 1683, the king had to content himself with 18,000 pesos spent on the fortifications of Majorca and the payment to him of 2000, which the Suprema assured him that it advanced at considerable risk to itself.[837]

The secretiveness so carefully observed undoubtedly had its advantages or it would not have been so persistently claimed as a right. In a consulta of 1696 the Count of Frigiliana states that, when he was viceroy of Valencia, he had in vain endeavored to get from the tribunal a statement of its affairs and he asked the king whether or not the Inquisition possessed the privilege of rendering no account of its assets and income.[838] At length the quarrel between Inquisitor-general Mendoza and his colleagues, in the case of Froilan Díaz, and his banishment to his see in 1703, gave opportunity for royal intervention and investigation. The War of Succession had deranged the finances of the Inquisition and it had appealed to the king for help. He required a statement of the pay-rolls, investments and revenues of all the tribunals, which was furnished March 9, 1703, after which, on May 27th, he issued a decree declaring that he must put an end to the abuses and disorders which had crept into the administration and disbursement of its property, in order to relieve the embarrassment of which it complained. He therefore annulled all commissions and appointments without obligation of service, granted by the inquisitor-general, whether within or outside of Spain. The papers of all jubilations, new places and gratuities created or granted since the time of Valladares (1695) were to be placed in his hands. In no case thereafter should the inquisitor-general jubilate any official of the Suprema or local tribunal without consulting him, and any such act issued without a previous royal order was declared void. No ayuda de costa or grant exceeding thirty ducats vellon, for a single term, was to be made without awaiting his decision and this decree was to be placed in the hands of all receivers or treasurers for their guidance. It was so transmitted June 8th, with strict orders for its observance. This was a resolute assertion of the royal control over the finances of the Inquisition and it held good, in theory at least, however much it may have been eluded in practice. About the middle of the eighteenth century a systematic writer describes it as still in force and states that no salaries can be increased without the royal approval. It so continued to the end and, under the Restoration, an order from the king, countersigned by the Suprema, was requisite for any extraordinary disbursement.[839]

FINES AND PENANCES

Philip also reasserted and made good the right of the crown to the confiscations, by claiming a percentage of the rentals of all confiscated property, but he listened to appeals from the tribunals and, in 1710, we hear of Saragossa and Valencia being practically restored to their enjoyment, a liberality which was doubtless followed with regard to the others. In 1725 Valencia expressed its fear that the alliance with Austria against England, France and Prussia would result in its having to restore the confiscations, and the blow seems to have fallen for, in 1727, the suprema, in a consulta of December 9th, describing the poverty of Saragossa, attributes it to the king having taken away the confiscations which he had granted. With the gradual amelioration in the Spanish finances, this source of revenue must have been restored, for, in 1768, the Inquisition is described as enjoying the confiscations which the pious liberality of the monarchs had bestowed.[840]

There were other sources of revenue—rehabilitations or dispensations from the sanbenito and disabilities, commutations of punishment and the pecuniary penances known as penas y penitencias. All these will be considered hereafter, but a few words may be said as to the latter in their relation with the royal authority.

The penitents who were reconciled under Edicts of Grace were not subject to confiscation, but were punished with fines under the guise of pecuniary penance, at the discretion of the inquisitor. We have seen (pp. 169–70) how numerous these were and we can conjecture how large were the sums thus exacted, for penances of a half or a third of the penitent’s property were not uncommon. Similar fines also usually accompanied sentences that did not embrace confiscation and formed a continual although fluctuating source of revenue. Sometimes there were special officials for their collection but, when this was entrusted to the receivers of confiscations, they were instructed to keep a separate account of them, as the two funds were held to be essentially different and, as a rule, were to be employed for different purposes.

In the earliest Instructions of 1484, these pecuniary penances are said to be imposed as a limosna, or alms, to aid the sovereigns in the pious work of warring with the Moors, but, in the Instructions issued a few months later by Torquemada, this is modified by ordering them to be placed in the hands of a trustworthy person and reports to be made to him or to the king, in order that they may be spent on the war or in other pious uses or in paying the salaries of the Inquisition.[841] Both the destination and the control of these funds were thus left undetermined and they so continued for some years. In 1486 we find Ferdinand giving orders for sums from this source for various uses—for the war with Granada, to pay the salaries of a lay judge, to pay expenses of a tribunal of the Inquisition, to repay Luis de Santangel for advances made to tribunals; in one case his tone is apologetic and he asks Torquemada to confirm the order, in others his command is absolute.[842]

This indicates the uncertainty which existed both as to the use and the control of the pecuniary penances. So long as lasted the war with Granada, whatever was taken by the crown might be regarded as devoted, directly or indirectly, to that holy object, but when the conquest was achieved, in January, 1492, that excuse no longer existed and doubtless the inquisitors looked with jealousy upon the diversion to secular objects of the proceeds of their pious labors. The confiscations unquestionably belonged to the crown, but the penances were spiritual funds which for centuries had always enured to the Church. There must have been a sustained effort to withhold them from the royal acquisitiveness, to which Ferdinand was not disposed to yield, for he procured from Alexander VI, February 18, 1495, a brief directing the inquisitors to hold all such moneys subject to the control of the sovereigns, to be disposed of at their pleasure. Even this was resisted and Ferdinand and Isabella complained to the pope that they were unable to compel an accounting of the sums received or to collect the amounts, to correct which Alexander issued another brief, March 26, 1495, commissioning Ximenes, then Archbishop of Toledo, to enforce accounting and payment by excommunication and other censures.[843]

FINES AND PENANCES

This was equally ineffective. There was a privacy and simplicity in the imposition and collection of a penance very different from the procedure of sequestration and confiscation, and Ferdinand, at least for a time, abandoned the struggle. This is manifested by a clause in the Instructions of 1498, enjoining on inquisitors not to impose penances more heavily than justice requires in order to insure the payment of their salaries,[844] and the principle was formally recognized by Ferdinand and Isabella in a cédula of January 12, 1499, reciting that, although they held a papal brief placing at their disposal all moneys arising from penances, commutations and rehabilitations, yet they grant to the inquisitors-general all collections from these sources, both in Castile and Aragon, to be used in paying salaries, disbursements being made only on their order.[845]

Ferdinand, however, was not disposed to relax, on any point, his control over the Inquisition and, on April 10th of the same year, we find him forbidding the levying of penances on the members of a town-council for fautorship of heresy—doubtless a speculative infliction for some assumed neglect in arresting suspects. In 1501 his renunciation is already forgotten and he is making grants from the penances as absolutely as ever—even empowering Inquisitor-general Deza to use those of Valencia, to the extent of a hundred ducats a year for the salary of Jaime de Muchildos, the Roman agent of the Inquisition.[846] So, in 1511, we find him granting to Enguera, Inquisitor-general of Aragon, a thousand libras out of the penances to defray the expenses of his bulls for the see of Lérida and authorizing him to pay from them an ayuda de costa of two hundred ducats to Joan de Gualbes, a member of the Aragonese Suprema. Then, in 1514, he places all the penances unreservedly at the disposal of Inquisitor-general Mercader to be employed on the salaries and other necessary expenses of the Inquisition of Aragon. This seems to have been final. After his death, instructions sent to the tribunal of Sicily assume that the inquisitor-general has sole and absolute control. It was the same in Castile. Instructions issued by Ximenes, in 1516, direct the receiver-general, who was an officer of the Suprema, to collect the penances from the receivers of the tribunals, who were to keep them in a separate account and not to disburse them without an order from the inquisitor-general. After this we find the Suprema in full control.[847]

There is virtually no trace of any interference subsequently by the crown, and the Inquisition found itself in possession of an independent and by no means inconsiderable source of revenue which it could levy, almost at will, from those who fell into its hands. The only exception to this that I have met is that Philip IV, in his financial distress, by a decree of September 30, 1639, claimed and collected twenty-five per cent. of fines, but he scrupulously limited this to those inflicted in cases not connected with the faith—that is, in the exercise of the royal jurisdiction, civil and criminal, enjoyed by the Inquisition in matters concerning familiars and other officials.[848]

IRRESPONSIBILITY

Though, as we have seen, the independence of the Inquisition, as a self-centered and self-sustaining institution in the State, varied with the temper and the necessities of the sovereign, there was a time when it seemed as though it might throw off all subjection and become dominant. But for the prudence of Ferdinand, in insisting upon the power of appointment and dismissal, this might have happened in the temper of the Spanish people, trained to an exaltation of detestation of heresy which to us may well appear incomprehensible. There is no question that, under the canon law, kings, like their subjects, were amenable to the jurisdiction of the Inquisition and that they held their kingdoms on the tenure not only of their own orthodoxy but of purging their lands of heresy and heretics. The principles which had been worked so effectually for the destruction of the Houses of Toulouse and of Hohenstaufen and under which Pius V released the subjects of Queen Elizabeth from their allegiance, in 1570, were fully recognized in Spain as vital to the faith.[849] But beyond this the Spaniards, in the exuberance of their religious ardor, boasted that their national institutions conditioned orthodoxy as necessary to their kingship. Even when the seventeenth century was well advanced, a learned and loyal jurisconsult tells us that, from the time of the sixth Council of Toledo, in 638, their monarchs had imposed on themselves the law that, if they fell into heresy, they were to be excommunicated and exterminated; that Ferdinand, in 1492, had renewed this law and that he had instituted that most severe tribunal the Inquisition and had sanctioned that, in view of the Toledan canon, all kings in future should be subject to it.[850] Even Spanish loyalty could not have been relied upon to sustain a king suspect of heresy, against the claims of the Holy Office to try him in secret, and suspicion of heresy was a very elastic term. Impeding the Inquisition came within its definition and any effort to curb the arrogant extension of its powers could readily be so construed, as Macanaz found to his sorrow. The fact that the Inquisition possessed such power must have had its influence more than once on the mind of the sovereign when engaged in debate with his too powerful subject and perhaps explains what appears to us occasionally a pusillanimous yielding.

The monarchs had guarded the Inquisition against all supervision and all accountability to the other departments of government. Within its own sphere it was supreme and irresponsible and its sphere, owing to the exemption from the secular courts accorded to all connected with it in however remote a degree, covered a large area of civil and criminal business, besides its proper function of preserving the purity of the faith. In this self-centered independence it stood alone. Even the spiritual jurisdiction of the Church, so jealously guarded, had become subject to the recurso de fuerza, which, like the French appel comme d’abus, gave to those who suffered wrong an appeal to the Council of Castile.[851] But even from this the Inquisition was exempt. A decree of Prince Philip, in 1553, was its ægis and was constantly invoked. This was addressed to all the courts and judicial officers of the land and affirmed, in the most positive terms, the sole and exclusive jurisdiction of the Inquisition in all matters within its competence, civil or criminal, concerning the faith or confiscations—and faith was a convenient term covering the impeding of the Inquisition in all that it wanted to do. Philip recited that repeated cédulas of Ferdinand and Isabella and of Charles V had asserted this and now he reaffirmed and enforced it. No appeals from its tribunals were to be entertained, for the only appeal lay to the Suprema, which would redress any wrong, for it, by delegation from the crown and the Holy See, had exclusive cognizance of such matters. If therefore anything concerning the Inquisition should be brought before them they must decline to entertain it and must refer it back to the Holy Office.[852]

The Inquisition was not content to enjoy these favors as a revocable grace from the crown but, in a consulta of December 22, 1634, it advanced the claim that this decree was a bargain or compact between two powers which could not be in any way modified without mutual consent.[853] This was emphasized in a printed argument in 1642, asserting that that transaction could only become of binding force by the consent of both parties—the king and the inquisitor-general—and the king had no power to change it of his own motion, as it was an agreement. Even were it admitted to be a concession granted by the crown, this would make no difference, for a privilege conceded to one who is not a subject (as the Inquisition in the present case) and accepted by the latter becomes a contract which the prince cannot revoke.[854]

EFFORTS AT INDEPENDENCE

We shall see hereafter the use made of this by the Inquisition in its daily quarrels with all the other jurisdictions, but a single case may be cited here to indicate how it utilized this position to render itself virtually independent. There was a long-standing debate over canonries in the churches of Antequera, Málaga and the Canaries, which it claimed to be suppressed for its benefit under the brief of January 7, 1559, but which the royal Camara asserted to belong to the patronage of the king, whose rights of appointment were not curtailed by the brief. A suit on the subject, commenced in 1562, was not yet decided when, about 1611, the king filled vacancies in Málaga and the Canaries. This provoked a discussion, during which, without awaiting settlement, the inquisitors excommunicated the appointees—and an inquisitorial excommunication could be removed only by him who had fulminated it, by the inquisitor-general or by the pope. In 1611 the king ordered the appointees to be absolved and mandates signed by him to that effect were addressed to the inquisitors of Málaga and the Canaries. The Suprema complained loudly of this as an unheard of violation of the rights of the Holy Office and refused obedience. In 1612 it declared that, when the appointees abandoned the prebends which they had usurped, they should be absolved and not before. On February 12th, in a consulta to the king, it argued that its power had always been so great and so independent of all other bodies in the State that the kings had never allowed them to interfere with it, directly or indirectly; it determined for itself everything relating to itself, consulting only with the king and permitting no interference of any kind. Its determination prevailed over the weakness of the king who ordered the Camara to desist from its pretensions and not to despoil the Holy Office.[855]

These somewhat audacious assertions of independence were chiefly stimulated by the perpetual quarrels arising from the exclusive jurisdiction, civil and criminal, exercised by the Inquisition over its thousands of employees and familiars and their families, which kept the land in confusion. This is a subject which will require detailed consideration hereafter and is only referred to here because of its development into the exaggerated pretensions of the Inquisition to emancipate itself from all control. When Ferdinand granted this fuero it was understood on all hands to be a special deputation of the royal jurisdiction and as such liable at any time to modification or revocation. Ferdinand himself, in a cédula of August 18, 1501, alluded to it as such—the inquisitors enjoyed it just as the corregidors did.[856] So, in the Concordia of Castile, in 1553, defining the extent of this jurisdiction, the inquisitors are specially described as holding it from the king, and Philip II, Philip III and Philip IV repeatedly alluded to it as held during the royal pleasure.[857] There was no thought of disputing this until the seventeenth century was well advanced. The Suprema itself, in papers of 1609, 1619, 1637 and 1639 freely admitted that its temporal jurisdiction was a grant from the king, while its spiritual was a grant from the pope.[858]

Apparently the earliest departure from this universally conceded position was made, in 1623, by Portocarrero in an argument on a clash of jurisdictions in Majorca, wherein he sought to prove that the civil and criminal jurisdiction of the Inquisition over its subordinates was ecclesiastical and derived from the pope.[859] About the same time, in an official paper, a similar claim was advanced, based on the papal briefs authorizing Torquemada and his successors to appoint, dismiss and punish their subordinates.[860] These were mere speculations and attracted no attention at the time. We have just seen that as late as 1639 the Suprema made no claims of the kind but two years later, in 1641, it suddenly adopted them in the most offensive fashion. There was a competencia, or conflict of jurisdiction, between the tribunal of Valladolid and the chancillería or high royal court; the Council of Castile had occasion to present several consultas to the king, in one of which it said that the jurisdiction exercised in the name of the king by the Inquisition was temporal, secular and precarious and could not be defended by excommunication. Thereupon the Suprema assembled its theologians who pronounced these propositions to be false, rash and akin to heretical error; armed with this opinion the fiscal, or prosecuting officer, accused the whole Council of Castile, demanded that its consulta be suppressed and that its authors be prosecuted. Theoretically there was nothing to prevent such action, which would have rendered the Inquisition the dominating power in the land, but the Suprema lacked hardihood; even the habitual subservience of Philip IV was revolted and he told the inquisitor-general that he had done ill to lend himself to a question contrary to the sovereignty of the monarch and to the honor of the highest council of the nation.[861]

EFFORTS AT INDEPENDENCE

In spite of this rebuff, having once asserted the claim that its temporal jurisdiction was spiritual and not secular, the Inquisition adhered to it. The prize was worth a struggle, for it would have put the whole nation at its mercy. It would have deprived the king of powers to check aggression and to protect his subjects from oppression for, as Portocarrero had pointed out, although princes have authority to relieve their subjects when aggrieved by other secular subjects, they have none when the oppressors are ecclesiastics, exempt by divine law from their jurisdiction.[862] To win this the Inquisition persisted in its claim. In 1642, on the occasion of a competencia in Granada, there appeared, under its authority, a printed argument to prove that the temporal jurisdiction of the Holy Office was a grant from the Holy See, which had power to intervene in the internal affairs of States and that it had merely been acquiesced in and confirmed by the kings.[863] Again, in a notorious case occurring in Cuenca in 1645, the inquisitors argued that their temporal jurisdiction was ecclesiastical and papal, with which the king could not interfere.[864] But the audacity with which these pretensions were pushed culminated in a consulta presented by the Suprema, March 31, 1646, to Philip IV, when he was struggling against the determination of the Córtes of Aragon to curb the excesses of the Inquisition.

In this paper the Suprema asserted that the civil and political jurisdiction is inferior to the spiritual and ecclesiastical, which can assume by indirect power whatever is necessary for its conservation and unimpeded exercise, without being restricted by secular princes. The royal prerogative is derived from positive human law or the law of nations; the supreme power of the Inquisition is delegated by the Holy See for cases of faith with all that is requisite, directly or indirectly, for its untrammelled enjoyment; this is of divine law and, as such, is superior to all human law, to which it is in no way subject. The very least that can be said is that princes are bound to admit this, and though they have a right to concede no more than is requisite, the decision as to what is requisite rests with the ecclesiastical authority, which is based on divine law. Any departure from these principles, under the novel pretext that the king is master of this jurisdiction, with power to limit or abrogate, is dangerous for the conscience and very perilous as leading to the gravest errors.[865] It would be difficult to enunciate more boldly the theory of theocracy, with the Inquisition as its delegate and the crown merely the executor of its decrees.

These pretensions were not realized and the king was not reduced to insignificance, but his power was seriously trammelled by the bureaucracy of which the Suprema was the foremost and most aggressive representative. Its quasi-independence led to emulation by the other great departments of the State and though their success was not so marked, it was sufficient in all to render the government incredibly cumbersome and inefficient and to paralyze its action by wasting its strength in efforts to keep the peace between the rival and warring bodies. In these bickerings and dissensions the power of the crown decreased and the theoretically autocratic monarch found himself unable to enforce his commands. Philip IV recognized this fatal weakness, but his efforts to overcome the evil were puerile and inefficient. October 15, 1633, he sent to the Suprema, and presumably to the other councils, a decree setting forth emphatically that the slackness of obedience and disregard of the royal commands had been the cause of irreparable damage to the State and must be checked if the monarchy were to be preserved from ruin. It was his duty, under God, to prevent this; he had unavailingly represented it repeatedly to his councillors and now he proposed to make out a schedule of penalties, to be incurred through disobedience, scaled according to the gravity of each offence. This was to be completed within twenty days and he called upon the Suprema to give him the necessary information that should enable him to tabulate the matters coming within its sphere of action.

EFFORTS AT INDEPENDENCE

This grotesque measure, calling upon offenders to define their offences for the purpose of providing condign punishment, was received by the Suprema with a cool indifference showing how lightly it regarded the royal indignation. There was nothing, it said in reply, within its jurisdiction which imperilled the monarchy, for its function was to preserve the monarchy by preserving the unity of religion. As for obedience, it was of the highest importance that the royal commands should be obeyed and the laws provided punishments for all disobedient vassals. But the canon and imperial laws and those of Spain deprived of their places judges, who executed royal cédulas issued against justice and the rights of parties, for it was assumed that such could not be the royal intention and that they were decreed in ignorance, so that they were suspended until the prince, better informed, should provide justice. Therefore when councillors opposed cédulas which would work great injury to the jurisdiction and immunities of the Holy Office, it was only to prevent innovation and it was in the discharge of duty that this was represented to the king. The Suprema therefore prayed him that, before determining matters proposed by other councils, they should be submitted to it as heretofore so that, after hearing the reasons of both sides, he might determine according to his pleasure.[866] Thus with scarcely veiled contempt the Suprema told him that it would continue to do as it had done and the very next year, as we have seen, it boldly informed him that none of his commands respecting the Inquisition would be obeyed until it should have confirmed them—commands, be it remembered, that in no case affected its action in matters of faith, for all the trouble arose from its encroachments on secular affairs.

The character of Philip IV ripened and strengthened under adversity and, in the exigencies of the struggle with Catalonia and Portugal, he developed some traits worthy of a sovereign. Although he meekly endured the insolence of the Suprema in 1646 and labored strenuously with the Córtes of Aragon to prevent the reform of abuses, he yet, as we have seen, insisted on the right to supervise appointments. He doubtless asserted his authority in other ways for the Suprema abated its pretensions that its civil and criminal jurisdiction was spiritual and papal. In an elaborate consulta of March 12, 1668, during a long and dreary contest, in which the tribunal of Majorca was involved, it repeatedly refers to its enjoying the royal jurisdiction from the king, showing that it had abandoned the attempt to render itself independent of the royal authority.[867]

REASSERTION OF ROYAL SUPREMACY

Under the imbecile Carlos II and his incapable ministers, the domineering arrogance of the Inquisition increased and, as we shall see hereafter, it successfully eluded a concerted movement, in 1696, of all the other councils, represented in the Junta Magna, to reduce its exuberance. With the advent of the House of Bourbon, however, it was forced to recognize its subordination to the royal will in temporal matters, in spite of the temporary interference of Elisabeth Farnese in favor of Inquisitor-general Giudice. We have already seen indications of this and shall see more; meanwhile a single instance will suffice to show how imperiously Philip V, under the guidance of Macanaz, could impose his commands. In 1712 there was an echo of the old quarrel over the so-called suppressed canonries of Antequera, Málaga and the Canaries (p. 342). The suit, commenced in 1562, had never been decided and had long been suspended. The trouble of 1612 had been quieted by allowing the Inquisition to enjoy the canonries, not as a right, but as a revocable grant from the crown; excesses committed by the inquisitors in collecting the fruits led to the resumption of the benefices and then, by a transaction in 1622, they were restored under the same conditions. Such was the position when a violent quarrel arose in the Canaries between the tribunal and the chapter. The former questioned the accuracy of the accounts rendered to it and demanded the account books. This the chapter refused but offered to place the books in the accounting room of the cathedral, allowing the officials of the tribunal free access and permission to make what copies they desired. There was also a subsidiary quarrel over the claim that, when the secretary of the tribunal went to the chapter, he should be entitled to precedence. With their customary violence the inquisitors publicly excommunicated and fined the dean and treasurer of the chapter and moreover they took under their protection the Dominican Joseph Guillen, Prior of San Pedro Martir, who was a notary of the tribunal. He circulated a defamatory libel on the chapter which laid a complaint before his superior, the Provincial; the latter commenced to investigate, when the tribunal inhibited him from all cognizance of the matter. Then there came a mandate from the Dominican General to the Provincial, relegating Fray Guillen to a convent and ordering a president to be appointed for San Pedro Martir, whereupon the tribunal required the Provincial to surrender this mandate and all papers concerning the affair, under pain of excommunication and two hundred ducats. The sub-prior of San Pedro Martir was forced to assemble the brethren, whom the inquisitors ordered to disobey the commands of the General and not to acknowledge the president appointed under his instructions, thus violating the statutes of the great Dominican Order and the principle of obedience on which it was based. They further excommunicated the Provincial in the most solemn manner; they took by force Fray Guillen from the convent and paraded the streets in his company; the whole community was thrown into confusion and to prevent recourse to the home authorities they forbade, under heavy penalties, the departure of any vessel for Teneriffe, through which communication was had with Spain. In all this there was nothing at variance with the customary methods of asserting the lawless supremacy of the Inquisition over the secular and spiritual authorities, but Philip V ordered Giudice, September 30, 1712, to put an end to these excesses and, on October 11th, the Suprema reported that it had ordered the inquisitors to desist. If it did so, they paid no attention to its commands. Then, June 11, 1713, he addressed a peremptory order to Giudice to revoke all that had been done in the Canaries, to recall the inquisitors, to dismiss them and give them no other appointments. The Suprema replied, July 18th, enclosing an order which it proposed despatching; this displeased him as not in compliance with his commands and he insisted on their complete fulfilment. Still there was evasion and delay and when, in July, 1714, the Canary chapter presented to the tribunal royal orders requiring the removal of the excommunications and the remission of the fines, the inquisitors not only refused obedience but commenced proceedings against the notaries who served them. The Suprema professed to have sent orders similar to those of the king, but it evidently had been playing a double game. Philip therefore, November 1, 1714, addressed the inquisitor-general, holding the Suprema responsible for the prolonged contumacy of the inquisitors; he ordered it to deliver to him the originals of all the correspondence on the subject and required the inquisitor-general to issue an order for the immediate departure from the islands of the inquisitors and fiscal, without forcing the governor to expel them, as he had orders to do so in case of disobedience. Moreover, if the Suprema should not, within fifteen days, deliver all the documents, so that the king could regulate matters directly with the tribunal, the old suspended suit would be reopened and such action would be taken as might be found requisite. This was a tone wholly different from that to which the Inquisition had been accustomed under the Hapsburgs; the evasions and delays of the Suprema, which had so long been successful, proved fruitless. The struggle was prolonged, but the royal authority prevailed in the end, although, when the inquisitors reached Spain, in the summer of 1715, Giudice had been restored to office and Philip weakly permitted them to be provided for in other tribunals and to curse fresh communities with their lawless audacity.[868]

We shall hereafter have occasion to see how, under the House of Bourbon, with its Gallican ideas as to royal prerogative, the subordination of the Inquisition became recognized, while its jurisdiction was curtailed and its influence was diminished.