On February 5th, after the final vote, the committee on the Constitution

was instructed to prepare a manifesto setting forth the reasons for the

suppression of the Inquisition which, together with the decree, should

be read in all parish churches for three consecutive Sundays, before the

offertory of the mass; that in all churches the insignia of those

condemned and penanced should be removed, and that a report should be

made as to the disposition of the archives of the tribunals. The

preparation of the manifesto delayed the publication of the decree until

February 22d, for it was a long and wordy document, in which the

decadence of Spain was attributed to the abuses of the Inquisition; the

ancient laws had therefore been revived, restoring their jurisdiction to

the bishops, in whose hands the Catholic faith and its sublime morals

would be secure; Religion would flourish, prosperity would return, and

perchance this change might some day lead to the religious brotherhood

of all the nations.[908]

It was not long before the imprudence of this step manifested itself,

for it gave the Church a battle-ground on which to contest, not only the

reading of the manifesto but the execution of the decree itself and, if

defeated, of occupying the advantageous position of martyrdom.

Opposition had for some time been in preparation. As early as December

12, 1812, the six bishops of Lérida, Tortosa, Barcelona, Urgel, Teruel

and Pampeluna, in the safe refuge of Majorca, had prepared a manifesto

widely circulated in private, representing the Church as outraged in its

ministers, oppressed in its immunities, and combated in its doctrines,

while the Jansenist members of the Córtes were described as adherents of

the Council of Pistoja.[909] No sooner was the decisive vote of February

5th taken than the chapter of the vacant see of Cádiz prepared for a

contest over the reading of the decree and manifesto. It had already

appointed a committee of three with full powers, and it now instructed

the committee to communicate secretly with refugee bishops in Cádiz, and

with chapters elsewhere, with a view to common action. Letters were sent

to the chapters of Seville, Málaga, Jaen and Córdova, representing that

the Cádiz chapter was ready to be the victim, but would be strengthened

by the union of others. Seville replied with promises to do the same;

the rest more cautiously, for they felt that they were treading on

dangerous ground.

[Sidenote: _RESISTANCE OF THE CLERGY_]

This dampened somewhat the ardor of the fiery Cádiz chapter and it

sought for other support. On February 23d the parish priests and army

chaplains of Cádiz were assembled and addressed the chapter at great

length. To read the decree and manifesto would be a profanation and a

degrading servility. The papal constitutions creating the Inquisition

were binding on the consciences of the faithful, until revoked by the

same authority, and from this obligation the secular power could not

relieve them. To obey would be to incur the risk of a dreadful

sacrilege, and the penalties for impeding the Inquisition imposed by

Julius III and Sixtus V; it was better to fall into the hands of man

than into those of God, and they were ready to endure whatever fate

might befall them. This was rank rebellion, slightly moderated by the

expression of a desire to learn the opinions of the holy prelates who

were in Cádiz. The chapter duly transmitted this address to the

prelates--the Bishops of Calahorra, Plasencia, San Marcos de Leon,

Sigüenza and Albarracin (Calahorra and San Marcos were deputies in the

Córtes and had signed the Constitution)--stating that it entertained the

same sentiments and repeated the request for their opinion. The bishops

replied cautiously, and in substance advised that representations be

made to the Government, which might be induced to modify its

decrees.[910]

Time was growing short, for March 7th had been designated as the first

Sunday for reading the decree and manifesto. On March 3d a capitular

meeting was assembled, in which it was unanimously resolved to obey, but

to make use of the provisions which authorize citizens to obey without

executing and to represent reverentially the reasons for suspending

action until further determination.[911] This was the first step in the

development of a somewhat formidable plot which was organizing. On March

5th the papal nuncio, Pedro Gravina, Archbishop of Nicæa, addressed to

the Regency a very significant protest against the decree itself. The

abolition of the Inquisition, he said, was contrary to the primacy of

the Holy See; he protested against this and he asked the Regency to

induce the Córtes to suspend its publication and execution until happier

times might secure the consent of the pope or of the National Council.

On the same day he was guilty of the indiscretion of writing to the

Bishop of Jaen and to the chapters of Málaga and Granada, under strict

injunctions of secrecy, advising them of the proposed resistance of the

Cádiz chapter and inviting their coöperation.[912] The next day, March

6th, the chapter sent to the Regency the address of the priests and

chaplains of Cádiz, with a communication setting forth the reasons which

not only prevented the execution of the mandate of the Córtes, but

imperiously required the secular power to protect the Church and relieve

it from an act in contravention of its honor and sanctity. The Chapter,

it argued, could not be accused of disobedience for insisting on the

spiritual law which was more binding than the temporal.[913]

The Regency evidently was participating in the plot to overthrow the

Córtes for the purpose of saving the Inquisition. The legislative and

executive branches of the Government had become estranged. There had

been dissension in the matter of the suppression of the convents, and an

investigation made by the Córtes into the affairs of the Regency had led

to a damaging report on February 7th. The Liberals were convinced that

it was planning a _coup d'état_ when, on the night of Saturday, March

6th the rumor spread that it had dismissed the Governor of Cádiz, D.

Cayetano Valdés, and had replaced him with D. José María Alós. Sunday

passed without the reading of the decree and manifesto in the churches

and, on Monday, the minister of Gracia y Justicia sent to the Córtes the

communications of the chapter to the Regency. A permanent session was at

once declared; the Córtes dismissed the regents and replaced them with

the three senior members of the Council of State, Cardinal Luis de

Bourbon, Archbishop of Toledo, D. Pedro Agar and D. Gabriel Ciscar, who

forthwith took the oaths and at 9 P.M. assumed possession of their

office, the dismissed regents offering no resistance.[914]

[Sidenote: _RESISTANCE OF THE CLERGY_]

Harmony between the legislature and the executive being thus restored,

on March 9th the Córtes ordered the Regency to compel obedience. Under

threats of measures to be taken, the chapter yielded at 10 P.M. and

promised that the next morning, and on the two following Sundays, the

decree and manifesto should be duly read. It was obliged to furnish

authentic copies of all papers and correspondence, on the basis of which

a sharp reprimand was addressed to the Seville chapter and, on April

24th, prosecution was commenced against the Cádiz capitular vicar and

the three members of the committee, for treasonable conspiracy. Their

temporalities were seized and for six weeks they were imprisoned,

incomunicado. The trial dragged on until the restoration of Fernando VII

rendered acquittal a matter of course and enabled them, in their

defence, to declare that to destroy the Inquisition or to impede its

action in matters of faith was the same as prohibiting the jurisdiction

of the Roman Pontiff, thus trampling under foot a dogma established by

Jesus Christ.[915]

The documents thus obtained showed that Nuncio Gravina had been active

in furthering the plot of resistance. Now that it had been crushed,

policy would have dictated dropping the matter but, on April 22d, the

minister of Gracia y Justicia addressed him a sharp letter, expressing

the confidence of the Regency that he would in future observe the limits

of his office, as otherwise it would be obliged to exercise all its

authority. To this he of course replied defiantly; whenever

ecclesiastical matters were concerned he might find himself obliged to

follow the same course, and the Regency could do as it pleased. Some

further correspondence followed in the same vein and then, after an

interval, his passports were sent to him, his temporalities were seized,

and he was informed that the frigate Sabina was at his disposal to

transport him whither he desired.[916] He declined the proffered frigate

and established himself in Portugal, near the border, whence he

continued busily to stir up disaffection, assuming that he still

retained his functions as nuncio. On July 24th he addressed a protest to

the Government and sent a circular to the bishops inviting them to apply

to him in cases requiring his aid. This led to a lively controversy, in

which the Government charged him with deceit and he retorted by accusing

it of falsehood and challenging it to publish the documents.[917]

This was by no means the only trouble excited by the enforced reading of

the decree and manifesto. Recalcitrant priests were found in many

places, whose cases caused infinite annoyance and bad blood and the

Bishop of Oviedo was recluded in a convent for refusing obedience.[918]

The Government triumphed, but it was a Pyrrhic victory, multiplying its

enemies, heightening its reputation for irreligion, and weakening its

influence.[919]

The result was seen in the elections for the new _Córtes ordinarias_,

when the deputies returned were largely reactionary, owing to clerical

influence. There were many vacancies, however, which were filled by the

old members for the corresponding places, and thus the parties were

evenly balanced. The new Córtes met, September 26th and, on November

29th adjourned to meet in Madrid, January 15, 1814; the Regency

transferred itself to Madrid, January 5th.[920] By that time the French

were virtually expelled from Spain; Wellington was following Soult into

France, and Suchet was barely holding his own against Copons in

Catalonia.

The return of Fernando el Deseado was evidently at hand and was eagerly

expected. The reaction following the prolonged excitement of the war was

beginning to be felt. There was widespread misery in the devastated

provinces, the relief of which was slow and difficult and was aggravated

by a decree of the Córtes requiring those which had been subjugated to

pay the arrears of the war contributions. Dissatisfaction with the

Córtes was aroused by what were regarded as their sins both of

commission and omission--the lowering of the value of French money

caused great suffering and trouble; all who had served under the intruso

were ejected from office; the parish priests were reinstated in their

old cures, which turned into the streets the new incumbents; people

began to grumble at the preponderance of the Liberals in the Córtes--in

short, there was no lack of subjects of complaint.[921] Exhaustion and

poverty, the inevitable consequences of so prolonged and desperate a

struggle, produced discontent, and it was natural that those who had

guided the nation through its tribulations should be held responsible,

while their services should be forgotten. The military also were

dissatisfied at finding that, at the close of a successful war, they had

not the importance that they considered to be their due, while the

clergy were outspoken in opposition and, through two widely circulated

journals, "El Procurador de la Nacion y del Rey" and " La Atalaya de la

Mancha," attacked the Government furiously.[922]

[Sidenote: _FERNANDO'S RETURN_]

During all this period, Fernando's existence at Valençay had been as

agreeable as was consistent with his safe-keeping. The only restriction

on his movements was a prohibition to ride on horseback; Napoleon is

said to have kept him supplied with women to satisfy his strongly

developed sensuality, and he manifested his characteristic baseness in

letters to his captor congratulating him on his victories and soliciting

the honor of a matrimonial alliance with his family. After the battle of

Leipzig, Napoleon, striving to save what he could from the wreck,

represented to Fernando that the English were seeking to convert Spain

into a Jacobin republic; Fernando was ready to agree to any terms and,

on December 11, 1813, there was signed what was known as the Treaty of

Valençay, under which peace was declared between France and Spain, the

English and French troops were to be withdrawn, the Afrancesados, who

had taken refuge in France, were to be restored to their property and

functions, and Fernando was to make a yearly allowance of 30,000,000

reales to his father and mother.[923]

Fernando sent the Duke of San Carlos with the treaty to Madrid for

ratification, instructing him that, if he found the Córtes and Regency

infected with Jacobinism, he was to insist on ratification pure and

simple; if he found them loyal, he was to say that the king desired

ratification, with the understanding that he would subsequently declare

it invalid. The treaty excited general indignation. As early as January

1, 1811, the Córtes had decreed that they would recognize no treaty made

by the king in captivity, and that he should not be considered free

until he was surrounded by his faithful subjects in Córtes. Now the

Córtes responded to Fernando's message with a decree of February 2,

1814, reissuing the former one and adding that obedience should not be

rendered to him until he should, in the Córtes, take an oath to the

Constitution; on his arrival at the frontier this decree was to be

handed to him, with a copy of the Constitution that he might read and

understand it; he was to follow a route prescribed by the Regency and,

on reaching the capital, he was to come directly to the Córtes, take the

oath, and the government would then be solemnly made over to him. All

this was agreed to with virtual unanimity; it was signed by all the

deputies and was published with a manifesto denouncing the treaty and

expressing the warmest devotion to the king. The publication aroused

general indignation at the treaty and the manifesto elicited universal

applause.[924]

To Fernando, trained in the traditions of absolutism, the Treaty of

Valençay was vastly preferable to the reception prepared for him, but he

uttered no word of dissent when, after Napoleon had liberated him

without conditions on March 7th, he was transferred by Suchet, on the

banks of the Fluviá, March 24th, to Copons, the Captain-general of

Catalonia. He exercised volition however in deviating from the route

laid down by the Regency, and made a detour to Saragossa on the road to

Valencia, but he preserved absolute silence as to his intentions.

Everywhere he was received with delirious enthusiasm; the people

idealized him as the symbol of the nationality for which they had

struggled through five years of pitiless war, and there were no bounds

to their exuberance of loyalty.

THE RESTORATION.

To few men has it been given, as to Fernando, to exercise so profound

and so lasting an influence on the destinies of a nation. His ancestor,

Henry IV, had a harder task when he undertook to impose harmony on

compatriots who, for a generation had been savagely cutting each others'

throats. Fernando came to a nation which had been unitedly waging war

against a foreign enemy. Differences of opinion had grown up, as to the

reception or rejection of modern ideas, and parties had been formed

representing the principles of conservatism and innovation; mistakes had

been made on both sides and bitterness of temper was rising, but a wise

and prudent ruler, coming uncommitted to either side and

enthusiastically greeted by both, could have exorcised the demon of

faction, could have brought about compromise and conciliation, and could

have gradually so trained the nation that it could have traversed in

peace the inevitable revolution awaiting it. This was not to be.

Unfortunately Fernando was one of the basest and most despicable beings

that ever disgraced a throne. Cowardly, treacherous, deceitful, selfish,

abandoned to low debauchery, controlled by a camarilla of foul and

immoral favorites, his sole object was to secure for himself the

untrammelled exercise of arbitrary power and to abuse it for sensual

gratification. Cruel he was not, in the sense of wanton shedding of

blood, but he was callously indifferent to human suffering, and he

earned the name of Tigrekan, by which the Liberals came to designate

him.[925]

[Sidenote: _REACTION_]

When Fernando entered Spain he was naturally undecided as to the

immediate attitude to be assumed towards the changes made during his

absence, but the enthusiasm of his reception and the influence of the

reactionaries who surrounded him emboldened him in the determination to

assert his autocracy. Several secret conferences were held during the

journey to decide whether he should swear to the Constitution, and the

negative opinion prevailed. In fact, to a man of Fernando's character,

voluntary obedience to the Constitution was an impossibility. Not only

did it declare that sovereignty resided in the nation, with the

corresponding right to determine its fundamental laws, but the powers of

the crown were limited in many ways; the Córtes reserved the right to

exclude unworthy aspirants to the succession, and to set aside the

incumbent for any cause rendering him incapable--clauses susceptible of

most dangerous interpretation. At this very time, indeed, the Córtes

were deliberating on the appropriation to be made to the king for the

maintenance of his court, which implied the right to subject him to the

most galling conditions.[926]

If anything was needed to induce him to assert the full powers enjoyed

by his predecessors it was afforded by a manifesto known as the

Representation of the Persians, from an absurd allusion to the ancient

Persians in the opening sentence. This was signed by sixty-nine deputies

to the Córtes; at much length and with turgid rhetoric it set forth the

sufferings inflicted on Spain by the Liberals; it argued that all the

acts of the Córtes of Cádiz were null and invalid; it pointed out the

limitations on the royal power prescribed by the Constitution, and it

asserted that absolute monarchy was recognized as the perfection of

government. It did not omit to declare that the Inquisition was

indispensable to the maintenance of religion, without which no

government could exist; it dwelt on the disorders consequent upon its

suppression and it reminded Fernando that, from the time of the Gothic

kingdom, intolerance of heresy was the permanent law of the nation. Even

if the king should think best to swear to the Constitution, the

manifesto protested that it was invalid and that its destructive

principles must be submitted to the action of Córtes assembled according

to the ancient fashion. This paper, dated April 12th, was drawn up and

secretly circulated by Bernardo Moza Reales, who carried it to Valencia

and presented it to Fernando, receiving as reward the title of Marquis

of Mataflorida.[927]

Fernando reached Valencia April 16th and paused there until May 4th,

while secret preparations were made to overthrow the government. The

Córtes, unaware of the contemplated treachery, were amusing themselves

in arranging the hall for the solemnity of the king's oath and his

acknowledgement as sovereign, and took no measures for self-protection.

Troops were secretly collected in the vicinity of Madrid, under General

Eguia, a violent reactionary, who was made Captain-general of New

Castile. On the night of May 10th, when Fernando was nearing the

capital, Eguia notified Joaquin Pérez, President of the Córtes, that

they were closed; troops took possession of the hall and the archives

were sealed, while police-agents were busy making arrests from a list of

thirty-eight marked for proscription, including two of the regents, two

ministers and all the more prominent liberal deputies.[928] No

resistance was encountered and the precedent was established which has

proved so disastrous to Spain.

[Sidenote: _DESPOTISM RE-ESTABLISHED_]

In the early dawn of the 11th, there was found posted everywhere a royal

manifesto dated at Valencia on the 4th. In this, after a rambling

summary of antecedent events, Fernando promised to assemble as soon as

possible Córtes of the old fashion and, in conjunction with them, to

establish solidly whatever was necessary for the good of the kingdom. He

hated despotism; the enlightenment and culture of Europe would never

permit it, and his predecessors had never been despots. But the Córtes

of Cádiz and the existing body were illegal and all their acts were

invalid; he did not intend to swear to the Constitution or to the

decrees of the Córtes, but he pronounced them all void and of no effect,

and any one supporting them in any manner or endeavoring to impede the

execution of this manifesto was declared to be guilty of high treason

and subject to the death-penalty.[929] It is perhaps needless to say

that the promised convocation of Córtes and the salutary legislation

never took place. All the modernized institutions framed since 1810 were

swept away at a word, the old organization of Government was restored,

and Fernando was an absolute despot, disposing at his pleasure of the

lives and property of his subjects who had fought so desperately for his

restoration.

How he used this power was manifested in the case of the fifty-two

prisoners who were arrested at the time of the coup d'état. Nineteen

months were spent in endeavoring to have them condemned by tribunals and

commissions formed for the purpose, but no crime could be proved that

would not equally affect all who had voted with them, many of whom stood

in high favor at court. The last tribunal convened for their trial

advised Fernando to sentence them in the exercise of his royal

omnipotence, and he did so, December 17, 1815, sending them to distant

fortresses, African presidios and convents, with strict orders to allow

them to see no one and to send or receive no letters.[930] As regards

the three specially obnoxious clerical deputies, Villanueva was recluded

for six years in the convent of la Salceda, from which we shall see him

emerge and again play a brief part on the political stage. Muñoz Torrero

was sent to the convent of Erbon, in Galicia. He finally fell into the

savage hands of Dom Miguel of Portugal and perished, after severe

torture, in 1829.[931] Ruiz de Padron was not on the list of the

proscribed; he had not been elected to the new Córtes but was detained

by sickness in Cádiz. On his return in May to his parish of Valdeorras,

his bishop, Manuel Vicente of Astorga, made a crime of his absence from

his cure without episcopal licence and prosecuted him for this and for

sustaining in the Córtes projects adverse to religion and the throne. On

November 2, 1815, he was sentenced to perpetual reclusion in the desert

convent of Cabeza de Alba and, to prevent appeal, the bishop sent the

process to the Inquisition of Valladolid. Ruiz appealed to the

metropolitan, but the bishop refused to allow the appeal. Then a

_recurso de fuerza_ to the Chancellery of Valladolid was tried, which

thrice demanded the process before the bishop, to escape exposure in a

secular court, allowed the appeal. Finally the metropolitan annulled the

proceedings and Ruiz was set at liberty, after four years' imprisonment,

broken in health and ruined in fortune. This action probably superseded

a prosecution against him for printing his speech in the Córtes against

the Inquisition, a prosecution commenced by the Madrid tribunal and

transferred to Valladolid.[932]

* * * * *

[Sidenote: _REORGANIZATION_]

It was at first thought that the manifesto of May 4th, by invalidating

all the acts of the Córtes, in itself re-established the Inquisition. In

fact, Seville, its birth-place, had not waited for this and, on May 6th,

a popular tumult restored it. The next day its banner, piously preserved

by Don Juan García de Negra, a familiar, was solemnly conducted to the

castle of Triana by a procession, at the head of which marched Juan

Acisla de Vera, coadministrator of the diocese; the Te Deum was sung in

the cathedral, the houses were illuminated and splendidly adorned with

tapestries.[933] All this was premature, as likewise were the attempts

made by some tribunals to reorganize, for the absence of an

inquisitor-general and Suprema rendered irregular the transaction of

business. Representations were made to the king by Seville and other

towns, by the chapter of Valencia, and by bishops, praying him to take

action, and the scruples as to the intervention of the civil power in

spiritual affairs vanished.[934] Fernando accordingly, by decree of July

21, 1814, recited the appeals made to him and announced that he deemed

it fitting that the Holy Office should resume the exercise of its

powers, both the ecclesiastical granted by the popes and the royal,

bestowed by his predecessors. In both of these the rules in force in

1808 were to be followed, together with the laws issued at sundry times

to restrain abuses and curtail privileges.

But, as other reforms might be necessary, he ordered that, as soon as

the Suprema should assemble, two of its members, selected by him, and

two of the Royal Council should form a junta to investigate the

procedure and the methods of censorship and, if they should find

anything requiring reform, they should report to him that he might do

what was requisite.[935] Even the Córtes could not assert more

authoritative domination.

The inquisitor-generalship was filled by the appointment of Francisco

Xavier de Mier y Campillo, Bishop of Almería, and the vacancies in the

Suprema were supplied. The junta of reform was organized and met and

consulted. In 1816 we hear of their being still in session, but we are

told that they found nothing requiring amendment.[936]

The Suprema lost no time in getting to work. A circular of August 8th,

to the tribunals, enclosed the royal decree and announced that, in

virtue of it, the council was that day restored to its authority and

functions, which had been interrupted only by the invasion and the

so-called Córtes. The tribunals were ordered to proceed, as in former

times, with all business that might offer, and the officials were to

discharge their accustomed duties, until the Bishop of Almería should

receive his bulls. Lists of all officials were to be sent, with

statements of their dates of service, and of popular report as to their

conduct during the troubles, and whether they had publicly attacked the

rights of the sovereign and of the Holy Office. A process of

"purification" ensued, investigating the records of all officials, many

of whom had bowed to the tempest during the short-lived triumph of

Liberalism. April 7, 1815, a circular letter directed that any one who

had petitioned the Córtes for the abolition of the Inquisition, or had

congratulated them on their action, was no longer to be regarded as in

office or entitled to wear the insignia, but considerable tenderness was

shown to the erring. Thus Don Manuel Palomino y Lozano, supernumerary

secretary of the Madrid tribunal, had signed an address of

congratulation to the Córtes, but on his pleading coercion and fear he

was allowed to retain office.[937]

Allusion has already been made (Vol. II, p. 445) to the difficulties

experienced in re-constituting an institution which, during five years

of war, had been exposed to spoliation and destruction, resulting, in

some places, in the wrecking of its buildings, the purloining of its

movables and the scattering of its papers. Thus, for instance, in

September and October 1815, the Logroño tribunal, which had lost its

habitation, was negotiating with the Marquis of Monasterio for his

house, which he offered rent-free, if it would keep the premises in

repair and make the necessary alterations; the Suprema instructed it to

secure better terms if it could, and to be very economical with the

alterations.[938] As late as 1817 we chance to learn that Santiago and

Valladolid had no prisons and, in 1819, that Llerena was in the same

plight.[939]

The financial question was even more serious. We have seen how, under

Godoy, the tribunals had been obliged to convert all their available

securities into Government funds, which of course had become worthless,

and how the Córtes, by decree of December 1, 1810, had applied the

suppressed prebends to the conduct of the war. It must therefore have

been well-nigh starved when suppressed by the Córtes, but there was no

disposition to expose individuals to suffering and, when its property

was declared to belong to the nation, elaborate provision was made for

the payment of salaries and the customary gratifications, though we may

safely assume that in the majority of cases, these kindly intentions

failed of effect.[940]

[Sidenote: _FINANCIAL TROUBLES_]

When re-establishment came the task of gathering the salvage from the

wreck of the past six years was most disheartening. The royal decree

simply called on the Inquisition to resume its functions and said

nothing about its property, the restoration of which was evidently taken

for granted, under the manifesto invalidating the acts of the Córtes.

There was no disposition, however, on the part of the treasury officials

to do this and, in response to a consulta of August 11th, the king, on

the 18th, issued an order on them to make over to the tribunals all real

estate of every kind that had been absorbed by the treasury, the account

of rents to be made up to July 21st and apportioned on that basis. This

left personal property out of consideration and a further decree was

procured, September 3d, ordering the restoration of everything that had

passed into the Caja de Consolidacion, as well as the fruits of the

suppressed prebends, balancing the accounts up to July 21st.[941] This

was slackly obeyed; the necessities of the tribunals were pressing, and

the Suprema presented consultas of October 1st and 23d asking that they

should be allowed to collect the revenues, and that restitution should

be made of all past collections or, in default of this, that a monthly

allowance of eighty thousand reales be made to the Inquisition. To this

Fernando replied that the needs of the royal treasury did not permit the

repayment of back collections, nor could it meet the proposed monthly

allowance, but it was his will that such payments as the General

Treasury and the Junta del Crédito Público could spare should be made as

a payment on account for the most necessary expenses of the Inquisition.

This last was doubtless an empty promise; the royal financiers were

determined not to go back of July 21st, and it appears, by a letter of

December 16th, that the royal officials were still making collections.

The most that the Suprema could accomplish was to procure from the Junta

del Crédito Público an order of January 9, 1815, and from the chief of

the Treasury one of January 30th, to their subordinates to cease

collecting from the property of the Inquisition, under the rigid

condition that an account should be kept by the tribunals of their

collections, so that whatever they might obtain of arrears due prior to

July 21st should enure to the benefit of the Government.[942] In this,

however, there was recognized the justice of a claim for the unpaid back

salaries of the officials, and elaborate arrangements were made to

ascertain and put these in shape, but it was labor lost. The treasury

was at too low an ebb, and the claimants for services rendered during

the troubled years of war and revolution were too numerous, for the

Inquisition to obtain what it demanded.

The Suprema was also diligent in seeking to recover the amounts which

the tribunals had been obliged to invest in Government securities, but

this was as fruitless as other attempts to save fragments of the wreck.

The last we hear of it is in 1819, when the Suprema was still

endeavoring to meet the exigencies of the Treasury in framing lists of

the dates and numbers of the bonds.[943]

It was difficult to evolve order out of the chaos of destruction,

especially where the papers had been scattered, so that evidences of

indebtedness and accounts were lost, interfering greatly with efforts to

reclaim property. In November, 1814, we find the Valencia tribunal

issuing an edict requiring the return of all books and papers and

records within fifteen days, under pain of excommunication and two

hundred ducats; as to the furniture and other effects, they were to be

restored under threat of legal proceedings. Although Valencia had been

for two years under French occupation, it seems to have been more prompt

than some others in getting its finances into intelligible condition. In

November the Suprema calls upon it for a detailed schedule of resources

and expenses and, in the latter it is not to omit the contribution

required by the Suprema, amounting to 130,896 reales, and meanwhile it

is not to pay out anything for salaries or other purposes without

awaiting permission. Under this it was allowed, January 21, 1815, to pay

salaries up to the end of 1814, and in May to make further payments. Yet

in 1816 we find it reduced to seeking a loan wherewith to meet the

salaries and a sum of thirteen thousand reales demanded by the

Suprema.[944]

The Suprema itself, despite the contributions which it sought to levy

from the tribunals, was in a condition of penury so absolute that, on

July 3, 1815, it announced that it had no funds wherewith to pay the

salaries of its officials or the postage on the official communications

from the tribunals, which must therefore in future arrange with the

Post-Office to prepay the postage and settle monthly or quarterly. This,

however, as it explained August 19th, applied only to what was addressed

to it as, under a decree of May 19, 1799, letters to the

inquisitor-general and other heads of councils were carried free.[945]

[Sidenote: _RESUMPTION OF FUNCTIONS_]

There was gradual improvement, but it was slow. A carta acordada of

September 3, 1818, says that the Suprema cannot view with indifference

the deplorable financial condition of nearly all the tribunals, whose

diminished revenues force them to allow the meagre salaries of their

officials to fall into arrears, nor can it close its ears to the clamors

of these unfortunates, reduced as they are to the deepest indigence.

Seeking for partial remedies, it must insist on the avoidance of all

expenses not absolutely indispensable, and the suppression of all

superfluous offices. One of these is the notariate of the court of

confiscations; when it falls vacant it is not to be filled, and its

duties are to be performed by the secretary of sequestrations, whose

salary will consequently be raised by fifty ducats. This was a somewhat

exiguous conclusion of so solemn an exordium, seeing that the actual

work of the tribunals could readily have been performed by less than

half the officials who swelled their pay-rolls, but it is not without

interest as showing how persistently the old inflated organization was

maintained, and was struggling to support itself on the remnants of its

once prosperous fortunes. Under such a system, poverty naturally

continued to the last. When the Revolution of 1820 broke out, and the

Seville tribunal contributed six thousand reales to the committee

organized to resist the rising, it had no funds and was obliged to

borrow the money on interest. As almost the first act of the successful

revolutionists was to suppress the Inquisition, the lenders in this case

doubtless found themselves to be involuntary contributors.[946] At this

time the Seville tribunal had a force of twenty-eight officials, with a

pay-roll of 92,300 reales, while the amount of its work may be gathered

from the fact that the revolutionists found only three prisoners to

release.[947]

* * * * *

Thus amid difficulties and tribulations the tribunals one by one resumed

their functions. In October, 1814, Seville was prosecuting Lt. Colonel

Lorenzo del Castillo for propositions; Saragossa was receiving the

self-denunciation of Mathias Pintado, priest of Bujanuelo, for heregia

mista, and Valencia was suspending the sumaria of the Capuchin Fray

Pablo de Altea for _mala doctrina_, while in December Murcia was

prosecuting Don Josef de Zayas, a prominent lieutenant-general of the

royal army, for Free-Masonry.[948] Business, however, at the first was

scanty. In the book of secret votes of the Suprema, there is an interval

from December 22, 1814, until February 16, 1815. As the months of 1815

passed on, the breaks grow shorter and, by the summer of 1815, the

decrees follow each other closely. Valladolid seems to have been

dilatory in getting to work for, although it had three inquisitors

drawing salary, no case came up from it until January, 1817, and, from

this one it would seem that it had not been in operation until October,

1816.[949]

The prosecution of such a man as Zayas shows that the reorganized

Inquisition did not hesitate to grapple with those in high place, and

another early case illustrates this still more forcibly. During the

French occupation the Duke and Duchess of Sotomayor and the Countess of

Mora had obtained possession of the books and indecent pictures

accumulated in the Madrid tribunal. Apparently they refused to surrender

them; the tribunal prosecuted them and rendered a sentence, subject to

the royal permission, that these objects should be seized, but in such a

manner as not to attract attention or to provoke resentment. The Suprema

confirmed the sentence, ordering its execution by a single inquisitor,

accompanied by a secretary, so as to reconcile the respect due to the

parties with the secrecy that was essential.[950]

A politic act was the issue of a general pardon for all that had

"impiously and scandalously" been uttered and done against the

Inquisition under the fatal circumstances of the recent troubles.[951]

It could afford to assume this attitude of magnanimity, seeing that the

Government was pitilessly avenging it on its most prominent adversaries.

When the Government failed in this duty, the Inquisition had no

hesitation in nullifying its edict of pardon. We have seen its

prosecution of Ruiz de Padron, until it found that the Bishop of Astorga

was rendering this superfluous, nor was this by any means an isolated

case. In August, 1815, we find the Suprema acting on sumarias from

Canaries, in the cases of Mariano Romero, a priest, for a sonnet against

the Inquisition, and of Francisco Guerra for a sonnet and an epitaph of

the same character. So, in November, 1815, there is a prosecution of the

Duke of Parque Castrillo for congratulating the Córtes on the abolition

of the Inquisition and for a general order to the troops, December 2,

1812. His case dragged on until June 10, 1817, when its suspension was

ordered.[952]

[Sidenote: _FERNANDO'S FAVOR_]

Yet it was not easy to revive the old-time veneration for an institution

that had been so buffeted and roughly handled by the press and the

Córtes. A couple of cases in Madrid, in 1814, of women in whose shops

scandalous pictures and objects were exhibited, would seem to indicate

that its commands were not obeyed with alacrity.[953] It was doubtless

with a view of overcoming this indifference that Fernando himself

assumed the office of an inquisitor, February 3, 1815, when he visited

the Suprema, presided over its deliberations and participated in its

decisions, examined all the offices and expressed his royal satisfaction

with the methods of procedure. By royal permission the Suprema sent its

president and three members to return the visit and express its

gratitude for a mark of royal favor such as Ferdinand the Catholic nor

any of his successors had ever made. A full report was printed in the

Gaceta of February 16th, copies of which the Suprema sent to the

tribunals with orders to read it to the officials and place it in the

archives.[954] With the same purpose, he erected, as we have seen, the

Congregation of San Pedro Martir to a knightly Order, with a habit and

badge and, on April 6th, the feast of St. Peter Martyr, he presided over

the Congregation, with his brothers Carlos and Antonio, wearing the

insignia. In communicating this to the tribunals, the Suprema rendered

it especially impressive by ordering them to commence the payment of

salaries earned since July 21st and to continue it monthly.[955] Noble

courtiers doubtless found that assuming office in the Inquisition was an

avenue to royal favor, and we speedily see many of them submitting their

genealogies for this purpose. The great Duke of Berwick and Alva,

Fitzjames Stuart Silva Stolberg y Palafox, thus seeks the office of

alguazil mayor of the tribunal of Córdova; the Marquis of Altamira does

the same for the position of honorary secretary in that of Madrid, and

we happen to hear of the Count of Mazeda, a grandee of the first class,

serving as alguazil mayor of the tribunal of Santiago, and the Marquis

of Iscar as honorary secretary to the Suprema.[956]

In spite of all this, the Inquisition could not regain its former

position. Not only was it not respected but it dared not to enforce

respect. Two Edicts of Grace for Free-Masons were issued, January 2d and

February 12, 1815, when the Valladolid tribunal sent those for Medina

del Campo and its district to its commissioner Victor González to be

posted. The vicar-general and Ordinary, Doctor Josef Suárez Talavera, as

ecclesiastical judge, demanded that they should pass through his hands,

and when they were posted they bore the MS. subscription "Fixese, Doctor

Suárez," thus assuming that it was by his permission, and arrogating to

himself a jurisdiction superior to that of the Inquisition. When this

was reported to the tribunal it ordered González to take them down and

replace them with unsullied ones, which he did. Thereupon Suárez sent

him word that, but for starting on a journey, he would make him repent

and that, had he known of his being in Medina he would have cast him in

prison and seen who could get him out. The tribunal meekly swallowed

this flagrant insult; it was under instructions to perform no act

indicating jurisdiction superior to that of the Ordinaries, so it

quietly gathered evidence verifying the facts and sent the papers,

September 15th, to the Suprema.[957]

The Inquisition recognized and felt acutely its altered position. In a

report to the king on the subject of _visitos de navios_, made by the

Suprema, in 1819, there are repeated confessions of powerlessness; the

times are so unfortunate that its regulations fail to effect their

object.[958] The same consciousness of weakness is manifest in the

conduct of the occasional competencias which still occurred. In such of

these as I have had an opportunity of examining there are a studied

courtesy and evident desire to avoid giving offence, without wholly

abandoning the claims of the Holy Office.

[Sidenote: _MISGOVERNMENT_]

To the same cause we may, at least partially, ascribe the marked

tendency to mitigation of punishment--except in the case of political

offenders--and to avoid all unnecessary hardship and humiliation of

culprits. When, in March, 1819, the Madrid tribunal pronounced a severe

sentence on Teodoro Bachiller, for propositions, the Suprema moderated

it greatly in every way, in order, it said, to make him understand its

benignity in taking care of his honor and of the comfort of his family.

In January, 1817, Lorenzo Ayllon was tried in Seville for abusing a

priest while celebrating mass and endeavoring to snatch away the

host--offences for which, of old, he could scarce have escaped the

stake, but now he had only absolution _ad cautelam_, a reprimand, two

years of presidio followed by six years of exile, and the Suprema

relieved him of the vergüenza which had been included. Even more marked

was the case of Diego Blásquez, postmaster of Villanueba de la Serena,

who with some others committed the sacrilege of burying a dog with

funeral rites. The Llerena tribunal commenced a prosecution and sent the

sumaria to the Suprema, which contented itself with ordering a

courteous note to be addressed to the secular and ecclesiastical judges,

expressing a hope that they would not permit a repetition of such

scandals.[959] It would be easy to multiply similar instances, but these

will suffice to show how completely, in dealing with offences against

the faith, the spirit of the Inquisition had been tamed, and how

factitious was the claim that its existence was essential for the

preservation of religion, when there were over half a hundred episcopal

tribunals perfectly competent to try such offences and perfectly ready

to treat them with greater severity.

* * * * *

Meanwhile Fernando's reign had continued as it commenced. Under the

influence of a camarilla of low-caste and ignoble favorites, who

pandered to his vices and enriched themselves by trafficking in offices

and in contracts and in justice, his government was a compound of

brutality and imbecility, and the affairs of the nation fell into

complete disorder. All the abuses that had flourished under Godoy were

intensified and coupled with persistent cruel persecution of those

designated as Liberals, who filled the gaols through constantly

recurring lists of proscriptions. De Martignac, who, as royal

commissioner, accompanied the Duke of Angoulême in the invasion of 1823,

was a thoroughly well-informed and unprejudiced observer, who after a

vigorous description of the misgovernment of Fernando sums up by saying

"We can conceive the influence of such a régime on the prosperity of the

land, and yet it is difficult to realize the extent of disorder,

wretchedness and weakness to which it fell. It was necessary to resort

to arbitrary taxes, to exorbitant duties which destroyed commerce, to

loans raised without credit. It was impossible to provide for the most

pressing necessities of the State; everything was neglected or

abandoned; the army was unpaid; the navy, destroyed at Trafalgar,

remained in ruins; the administration, destitute of all means of action,

did nothing and could do nothing to improve conditions, or even to

preserve what there was. From this arose the discontent of the

people."[960] It can scarce excite surprise that the crazy enthusiasm of

Fernando's welcome in 1814 had evaporated.

THE REVOLUTION OF 1820.

During this disastrous period, every year saw an attempt at revolution.

In 1814 it was tried at Pampeluna by General Mina, who escaped; in 1815

in Galicia by Porlier, who was executed; in 1816 in Madrid by Richard,

who shared the same fate; in 1817 in Catalonia by Lacy, who was shot; in

1818 in Valencia by Vidal, who was put to death. Again in Valencia a

plot was formed to break out January 1, 1819, but it was betrayed and

thirteen of the conspirators were hanged. O'Donnell, Count of la Bisbal,

an able soldier and unscrupulous intriguer, was privy to this, but

averted suspicion and was appointed to command an expeditionary force

collecting at Cádiz for Buenos Ayres, against the revolted colony. With

customary negligence, transports were not provided; the troops lay idle

for months, discontent spread and a formidable conspiracy was organized,

which counted on la Bisbal's support; he concluded that loyalty was

safest and seized the leading plotters, for which he was rewarded with

the grand cross of Carlos III., but suspicion arose; he was removed and

replaced by the incapable Count of Calderon.

The situation, however, was growing impossible, and revolution was in

the air. A portion of the troops were cantoned at las Cabezas de San

Juan, a town not far from Cádiz. There, on January 1, 1820, Rafael de

Riego, commander of the battalion of Asturias, assembled his men, made

an inflammatory harangue, and they all declared for the Constitution. He

made a dash for Arcos, where he captured Calderon and three of his

generals, effected a junction with the battalions España and Corona,

under Colonel Antonio Quiroga, and failed in an attack on Cádiz. Delay

and irresolution followed, until January 27th, when Riego, at the head

of fifteen hundred men, marched to Algeciras, where he remained until

February 7th. Defeated in an attempt on Málaga, he reached Córdova on

March 7th, with some five hundred despairing followers. No effort was

made to capture them; the garrison and citizens looked on placidly,

while Riego refreshed his men and headed for the Sierra Morena; they

dropped off during the march and he was left with fifty followers; so

far as he was concerned, the movement was a failure.

[Sidenote: _REVOLUTION ACCOMPLISHED_]

Still, its preliminary success had aroused the slumbering elements of

discontent. On February 21st revolution broke out at Coruña and spread

to Ferrol and Vigo, when the Count of San Roman abandoned Galicia

without a struggle. Saragossa followed on March 2d, the captain-general

and garrison joining the magistrates and people. When the news reached

Barcelona, on March 10th the people rose and sacked the Inquisition, but

did no injury to the officials.[961] Within a few days Tarragona, Gerona

and Mataró followed the example, the garrisons participating in the

movement. In Navarre, Mina's account of the rising shows that there was

prearrangement, and that the municipal authorities and military

officials were fully in accord. When he reached Pampeluna with a large

force, gathered on his way from the border, he found that the revolution

had already been peacefully accomplished on March 11th. Meanwhile la

Bisbal, seeing that the movement promised success, spared no promises to

obtain command of the forces concentrating in la Mancha to put down

Riego's rising. He received the appointment and, on reaching Ocaña, he

induced the regiment Alejandro to cry "Viva la Constitucion." The

revolution was accomplished and was bloodless, save a hideous massacre

at Cádiz of the unarmed multitude, perpetrated in cold blood by Don

Manuel Freyre.[962]

During the two months of this desultory movement, which prompt action

could so readily have suppressed, the court was nerveless and incapable.

When the news came of the rising in Galicia, Fernando issued, February

28th, a plaintive appeal, promising amendment. His terror increased as

evil tidings came pouring in, and on March 3d he published a decree

bewailing the state of the kingdom, and announcing that he had ordered

the Council of State to prepare a comprehensive scheme of reform. This

was followed, March 6th, by another calling an immediate convocation of

Córtes. It was too late; he found himself abandoned by all, even by his

Royal Guard, which General Ballesteros reported was planning to retire

to Buen Retiro and send a deputation asking him to swear to the

Constitution. This was decisive and, on the night of the 7th, he issued

another decree announcing his intention to do so. This was received, on

the 8th, with popular rejoicings, but, as no further action was taken,

an impatient mob, on the 9th, surrounded the palace with seditious cries

and threats. The guard was impassive; Fernando was deserted and was

absolutely alone when the crowd began to mount the stairs to demand that

he should swear to the Constitution, but they were restrained on

learning that he had ordered the reassembling of the Ayuntamiento of

Madrid as it had existed under the Constitution. Its members were got

together and proceeded immediately to the palace, where Fernando

received them with warm expressions of affection; he took the required

oath of his own free will, and ordered Ballesteros to make the army do

the same. A general illumination and bell-ringing for three nights were

ordered, and the people dispersed, not, however, without first visiting

the Inquisition, releasing the prisoners and scattering the archives.

Only two or three prisoners were found and these were political. Rodrigo

tells us that the mob wanted them to pose as victims of persecution, but

they prudently refused, and a neighboring cobbler was persuaded to

exhibit himself as the presiding figure of the celebration.[963]

[Sidenote: _INQUISITION SUPPRESSED_]

On the same day, March 9th, Fernando issued a decree abolishing the

Inquisition. This bore that, as its existence was incompatible with the

Constitution of 1812, for which reason it had, after mature

deliberation, been suppressed by the Córtes, and in conformity with the

opinion of the Junta this day established, he ordered that, from this

day, the Suprema and the Inquisition be suppressed throughout the

monarchy, setting at liberty all prisoners confined for political or

religious opinions, and transferring, to the bishops in their respective

dioceses, their cases to be determined in accordance with the decree of

the Córtes.[964] This was followed, March 20th, by a royal order

providing for inventories of all property pertaining to the Inquisition,

and reviving the decree of February 22, 1813; the Bureau of Public

Credit was to take possession of and administer the property, until its

destination should be determined by the Córtes shortly to be assembled,

while the salaries of officials were to be continued. When the Córtes

met, a decree of August 9th included this with other escheated property,

to be sold at auction by the Junta nacional de Crédito.[965]

During the slow progress of the Revolution, the Inquisition seems to

have been watching events with full consciousness of the fate in store

for it if the movement should prove successful. A letter of January

19th, from the Seville tribunal to the Suprema, states that it had

delayed the arrests of the Trinitarian, Fray Juan Montes, and of Don

Tomás Díaz in consequence, at first of the epidemic, and then of the

insurrection, to which the Suprema replied, January 24th, that it left

future action to the prudence of the tribunal.[966] Considering how

feeble at the time was the demonstration of Riego, this shows that its

ultimate consequences were fully apprehended. Still the Inquisition

continued at work, but the last case acted upon by the Suprema was its

confirmation, February 10th, of a sentence rendered January 28th, by the

Toledo tribunal, on Manuel de la Peña Palacios, priest of Ontoba. As the

last act of the dreaded Holy Office, after a career of three centuries

and a half, it has an interest beyond its inherent trivial character,

and it will be found in the Appendix.

At least one liberated prisoner gave expression to his delight at his

release. Don Antonio Bernabeu, a priest, had been a member of the Córtes

of Cádiz and had been arrested with the others in May, 1814, but seems

to have been released in about six months. He was a Jansenist of an

extreme type and, in 1813, had printed a pamphlet to prove that the

State could seize all ecclesiastical property and reduce the overgrown

numbers of the clergy, putting those who were left on moderate salaries.

The tract was a terrible indictment of the Church for its greed of

accumulation, its neglect of duty and its departure from the old

standards in concentrating all power in the pope, which he attributed to

the Isidorian Decretals. On his release from prison, December 14, 1814,

he hastened to denounce himself for this to the Inquisition and was

placed in reclusion. In 1816 he denounced himself a second time for

matters at first omitted. The fiscal presented the accusation, April 20,

1817, rather cleverly drawn, for it demanded precise definition of his

opinions on the wide range of subjects, in which he charged the Church

with deviation from primitive times, and specific proofs of his somewhat

vague declamation as to abuses. To satisfy this would require the

resources of a large library and years of research, while Bernabeu was

confined in a convent and was denied even a copy of his offending

pamphlet, besides being exposed to all manner of persecutions by his

fellow inmates. His trial was still pending when the decree of March 9th

liberated him; he was promptly returned as a deputy to the Córtes of

1820, and he celebrated his release by reprinting his pamphlet, with an

account of his sufferings and his answers to the charges of the

fiscal.[967]

* * * * *

[Sidenote: _SUICIDE OF LIBERALISM_]

It would carry us too far from our subject to recount in detail the

extravagancies and follies with which the triumphant Liberals invited

the cruel reaction that awaited them. Moderation, perhaps, was scarce to

be expected of men, smarting under the persecution of the last six

years, and suddenly brought from fortresses and presidios, or from

exile, to take charge of the Government, and to frame laws for the

nation. That they should in turn persecute their persecutors was natural

but impolitic; mutual hatreds were inflamed, and the land was divided

into factions between which harmony and forbearance became impossible.

The long centuries of despotism and the repression of independent

thought and action had rendered the people incapable of the large

measure of self-government provided by the Constitution. So-called

patriotic societies were rapidly formed--de Lorencini, de San Fernando,

la Fontana de Oro, la Cruz de Malta, la Landaburana and others--which in

reality were Jacobinical clubs, where the most radical measures were

advocated, and the most violent means of effecting them were urged. An

unbridled press was busy in adding fuel to the flames and in stimulating

the ardor which sought to realize anarchical dreams. Masonry had been

busy in preparing the revolution, and with its success Masonry became

the avenue to power and place; its lodges multiplied and were rapidly

filled. Then, with the progress of advanced ideas, Masonry became too

conservative for the _exaltados_, who left it and established the

Comuneros, whose statutes formed a state of revolutionary character

within the State. They rivalled the Masons in numbers and influence, and

the virulent struggle for supremacy between the two bodies at times

paralyzed the Government and neutralized the forces of order. The

disorderly element existing in all communities was utilized whenever

there was an object to be gained, and mob rule became of frequent

occurrence, not only in Madrid but in nearly all the cities. The orders

of the Government were obeyed or disregarded as suited the temper of the

populace or of its instigators. Officials commissioned as

captains-general or governors or magistrates were admitted or rejected;

orderly administration was becoming impossible, and everywhere

turbulence reigned supreme. Liberalism was committing suicide.

Yet Liberalism had need of its undivided strength to maintain itself

against the opposing forces. Fernando, while playing the part of a

constitutional king, was constantly plotting to throw off the yoke, and

was entertaining secret relations with those who were striving to

overthrow the Government. Successive Córtes seemed to take pleasure in

exacerbating the hostility of the clergy, whose influence over the mass

of the people was unbounded. Much of this legislation was no doubt

salutary in itself but, at the moment, it was dangerous, and the blows

succeeded each other so rapidly that the sufferers might well regard it

as systematic persecution. August 31, 1820, a law organizing the

national army exempted from service only such clerics as were actually

in holy Orders. One of September 26th subjected all clerics, secular and

regular, to secular jurisdiction for offences incurring corporal

punishment. Within a week, another decree suppressed a large portion of

the monastic Orders, and the Mendicants who were left were subjected to

the bishops and consolidated into houses of not less than twelve

inmates, and this was followed by other special decrees of suppression.

The property of the suppressed houses was applied to the _Crédito

público_ and, when Fernando refused his signature, a popular tumult was

organized which frightened him into acquiescence. October 26th it was

ordered that dispensations for marriage within prohibited degrees should

be issued without charge to those applying _in forma pauperis_, thus

cutting off a large source of income. When bands of insurgent royalists

began to make their appearance, and were joined or led by priests, the

bishops were ordered, April 20, 1821, to report what steps they had

taken to punish them and, within eight days, to issue edicts requiring

their flocks to obey the law. Then, on June 29th, without papal

authority, a contribution of thirty million reales was levied on the

clergy and, on the same day, the tithes were reduced one-half, while

allowing some compensation in the removal of certain imposts. The

clergy, not unnaturally, promoted disaffection, and to check this,

decrees of November 1, 1822, authorized the Government, at discretion,

to transfer from one place to another all parish priests and

ecclesiastics, the cost of maintenance of those thus deported being

thrown upon the bishops.[968]

[Sidenote: _QUARREL WITH THE CHURCH_]

In fact, the irreconcileable claims of State and Church rendered

hostility inevitable. It was impossible for the latter to understand

that, when it entered politics and became a political factor, it had to

be treated like other political bodies. The theocracy of the middle ages

had so long enjoyed power without responsibility that its immunity

became part of Latin doctrine. Elsewhere the impracticability of this

had been demonstrated, but in Spain the Church has never ceased to

struggle for the maintenance of medievalism, or has understood that

sedition in the pulpit should not be treated differently from sedition

in the tribune. It refused to recognize that self-preservation is the

first law of governments as of individuals, and that they cannot allow

artificial privileges to work their destruction. The theory of the

Liberals was that external ecclesiastical discipline was subject to the

civil authority, while internal discipline was reserved to the Church.

The Church asserted that in all things it ruled itself, and that any

secular interference was a laying of profane hands on the Ark. The gage

of battle was virtually thrown by Veremundo Arías, Archbishop of

Valencia, who, on October 20, 1820, addressed to the Córtes a long

manifesto, upholding all the extreme claims of the Church, and denying

the distinction between external and internal discipline. On November

10th he was arrested and, on the 24th, was put on board ship and sent to

France. This was the commencement of a persecution in which many bishops

suffered. Alvárez de Palma of Granada was set aside and replaced by the

liberal Archpriest Vinegas. Uriz y Lafaga of Pampeluna was summoned to

Madrid but, on the road, was rescued by royalists and conveyed to

France. Blas Beltran of Coria was banished. The Bishop-elect of Santa

Marta (Colombia) received his sentence of exile on his death-bed in

Plasencia. Cienfuegos of Cádiz had to fly to save his life. Pablo de

Sichar of Barcelona fled and remained absent until 1823. Rentería y

Reyes of Lérida was carried under guard to Barcelona, narrowly escaped

execution, and was detained in Málaga until 1823. Ramon Strauch y Vidal

of Vich was imprisoned in Barcelona, then sent to Tarragona and on the

road, under a pretext, was made to descend and was shot with his

attendant. Others who were exiled were Jaime Creus of Tarragona, Ceruelo

de la Fuente of Oviedo, Rafael de Velez of Ceuta and Castillon y Salas

of Tarazona.[969] It is true that the worst of these acts were committed

by mobs or irresponsible parties in the growing disorders of the times,

but they remained unrebuked and unpunished.

A government which thus treated its clergy was not likely to maintain

friendly relations with the Holy See. One of the earliest measures of

the new government was an act of August 17, 1820, suppressing the

Jesuits.[970] Pius VII met this with a letter of September 16th to

Fernando, deploring the perils that threatened religion and the Church

and reciting the obnoxious measures taken, for which he had ordered his

nuncio to make reclamation, but without effect.[971] Relations were not

improved when, April 21, 1821, a decree suppressed all payments, whether

in money or other equivalent, for papal bulls for archbishops, bishops,

matrimonial dispensations and other rescripts, in lieu of which the

paltry annual sum of 9000 silver dollars was offered.[972] This was

unwise but still more so was the sending to Rome as ambassador of

Joaquin Lorenzo Villanueva, towards the close of 1822, when the

intervention of the Holy Alliance was impending. At Turin he was met by

a papal order forbidding him to come further and asking the ministry to

appoint some one else. Evaristo San Miguel, the Secretary of State,

insisted; the papal foreign secretary replied that the opinions

expressed by Villanueva in the "Cartas de Don Roque Leal" and in the

Córtes were such that the Holy See could never receive him. To this the

answer was to send to the nuncio his passports with orders to leave

Spain. The rupture with Rome was complete and, in the eyes of pious

Spaniards, the government had justified the clerical definition of the

Constitution as heresy.[973]

The clerical temper thus stimulated is fairly exhibited in a little

pamphlet by Padre Miguel Canto, parish priest of Callosa de Segura,

celebrating the downfall of Constitutionalism. He is fairly drunk with

joy and consigns the Liberals to the bottomless pit for eternity with

vigorous delight. That the civil power should dare to assume any control

over the externals of the Church fills him with astonishment and rage,

all the greater in view of the suffering which it inflicted, especially

on the regulars. Canto tells us that the fabric of his church had

enjoyed a revenue of four thousand pesos, and that it was reduced to

such poverty that he had not wherewith to provide wafers and wine for

the sacrament, or oil for the lamps.[974] Yet the resources of the

Spanish Church were such that it still had ample funds for political

uses. When, in October, 1823, after his release by the French, Fernando

travelled from Cádiz to Madrid, he received in voluntary offerings from

the chapters of Toledo, Seville, Granada, Jaen and Cuenca, 11,970,000

reales in silver, although the land was in a condition of complete

exhaustion.[975]

[Sidenote: _DEVELOPMENT OF REVOLT_]

It is not difficult to believe that the pulpit and the confessional were

energetically used to inflame and organize the disaffection that rapidly

succeeded to the enthusiasm for the Constitution. The new administration

was no more efficient than the old. Ministries, hampered with the

underhand intrigues of the king, perpetually guarding against eager

rivals, and speedily engrossed with suppressing the armed resistance

springing up on every hand, had little opportunity of rectifying the

abuses which had made Fernando unpopular. To the people at large the

only visible result of the revolution was that the Liberals in turn

were persecuting the Serviles. The nobles, moreover were alienated by

the suppression of _Mayorazgos_ and _Vinculaciones_, or entails and

perpetual charges on lands, a reform which had long been urged by

statesmen such as Jovellanos.[976] Willing and receptive listeners to

clerical invective were abundant, and movements to overthrow the

Government speedily began taking shape. Before the year 1820 was out, in

Galicia there was organized a Junta Apostólica and in Burgos there was a

crazy conspiracy of some frailes and a general.[977] Soon wandering

bands of insurgents sprang up, among whom members of the clergy were

conspicuous, as though it was a holy war. Suppressed in one place, they

appeared in another, waging a guerrilla warfare like that against

Napoleon. The land was torn with faction, and Liberals and Royalists

seemed to emulate each other in contributing to its ruin. Early in July,

1822, the royal guards, with the secret connivance of the king,

endeavored to gain possession of Madrid; after a sanguinary conflict in

the streets they were defeated, when Fernando, from a balcony of his

palace, stimulated the nationals in pursuit of the flying wretches.

Civil broils are apt to be pitiless, but in Spain they assumed a

ferocity not often witnessed elsewhere. If the Royalists in Catalonia

massacred in cold blood the garrison of the Seo de Urgel, a Liberal

noyade in Coruña despatched fifty-one political prisoners, many of them

ecclesiastics and persons of distinction.[978]

The revolt was constantly assuming proportions more alarming, especially

in Catalonia, where it had the almost unanimous support of the

peasantry. The insurrectionary bands coalesced into a force of five

thousand men styling itself the Army of the Faith which, on June 21,

1822, captured the Seo de Urgel and made it their stronghold. There, on

August 15th, was organized a royalist Regency, composed of Creus, the

exiled Archbishop of Tarragona, the Baron of Eroles, a soldier of some

reputation, and the Marquis of Mataflorida. The Counter-revolution thus

adopted a public and official character; the Regency assumed to speak

for the king, held in durance by the Jacobins--in fact, as early as June

1st he had authorized Mataflorida to organize it, and was in constant

communication with it, through one of the officials of the court. It

obtained quasi-recognition abroad; it negotiated a loan of 8,000,000

with the Parisian capitalist Ouvrard and, with the support of Pius VII,

it opened negotiations with Austria and Russia, offering surrenders of

territory in exchange for aid.[979]

Spain was rapidly drifting into anarchy. The Government was too weak to

suppress disorder, whether committed by friends or foes. Compromise

between the factions was not to be hoped for, and even patriots could

see that the only path to order lay through intervention from abroad.

That this was impending became more and more evident. The example of

Spain had been followed by Naples and Portugal, and then by Piedmont, in

forcing on their sovereigns constitutions like that of 1812; the Holy

Alliance took the alarm; the Congresses of Troppau in 1820 and of

Laybach in 1821 ordered armed intervention, and the new institutions of

Naples and Piedmont were readily overthrown. In May, 1821,

communications from Russia to Spain, and a Russian circular to the

courts of Europe, openly expressed dissatisfaction at the success of

armed rebellion, with scarcely veiled threats of action in case the

Córtes should prove disobedient to the monarch; and the conflict with

the royal guard, in July 1822, gave the foreign ministers in Madrid a

pretext for warnings which were diplomatically veiled threats of

intervention.[980] Preparations for it were already on foot in France.

An epidemic of yellow fever in Barcelona served as an excuse for

establishing a _cordon sanitaire_ on the border, gradually strengthened

until it became an army of observation and in reality a support for the

Catalan insurgents, as Mina found when he conducted a successful

campaign which in the beginning of 1823 forced the Regency to take

refuge in France.[981]

[Sidenote: _INTERVENTION OF THE HOLY ALLIANCE_]

The Congress of Verona met in the autumn of 1822. The Urgel Regency sent

there the Count de España as its representative to urge that Spain

should be restored to the condition prior to March 9, 1820; the

Government sent no envoy, relying on the friendly aid of England,

represented by the Duke of Wellington. Without his knowledge the Allied

Powers signed, on November 22d, a secret treaty, in which they declared

against the sovereignty of the people, representative government and the

freedom of the press, and in favor of the clergy as an instrument for

enforcing the passive obedience of the subject; and each signatory

pledged itself to a subsidy of twenty millions of francs annually to

France, to which was assigned the duty of suppressing these destructive

principles in Spain and Portugal, and of restoring the Peninsula to the

conditions prior to 1820.[982] Even yet intervention was not certain,

for France was not eager for the task, and there were some negotiations

looking to modifications of the Constitution, but the Liberals would not

listen to such suggestions. Châteaubriand, however, that curious

compound of idealism, bombast and vanity, who, as French foreign

minister and representative at Verona, takes to himself all the credit

for the enterprise, is especially careful to point out that its real

object was the restoration of France to the hegemony of the Continent,

after the abasement of the Restoration by foreign bayonets--an object

which he assumes was fully accomplished.[983]

Early in January, 1823, four notes from the Allies were presented

collectively, offering, in more or less offensive fashion, the

alternative of a return to absolutism or invasion.[984] These portentous

communications were received with the utmost nonchalance. On the night

of their reception, Secretary of State San Miguel carried them to the

Grand Orient and drew up his replies, in which Fernando is said to have

cunningly stimulated defiance to banded Europe. Whatever might be the

decision of France, San Miguel said, Spain would tranquilly follow the

path of duty and justice; its rule of conduct would be firm adhesion to

the Constitution of 1812 and refusal to recognize the right of

intervention on any side.[985]

These would be dignified and resolute words in a united nation facing a

coalition but, under the circumstances, they were mere idle vaporing.

The Government, in fact, was barely able to make head against the

insurrection, save in Catalonia. Navarre, Biscay and Aragon were in open

civil war, with forces equally balanced. In Murcia, the famous robber

Jaime Alfonso was posing as the defender of the faith; in Castile, the

Cura Merino and el Rojo de Valderas were levying war; in Andalusia,

Zaldivar held his own in spite of repeated defeats; in Toledo and

Cuenca, Joaquincillo and the Cura Atanasio were maintaining the

rebellion; in Sigüenza the insurrection of Cuesta was organizing and

was soon to break out. In short, the whole of Spain was in

convulsion.[986]

The only explanation of the attitude of the Liberals is that they were

living in a fool's paradise, and seem to have welcomed intervention in

the belief that it would kindle national feeling and restore national

unity. Hallucination was carried to the point that they anticipated a

popular rising like that of 1808, that the forty thousand insurgents in

arms would turn against the invader, even that the French troops would

abandon their standards for those of Spain, and that England, which had

calmly seen the Constitution overthrown in 1814, would provoke a war

with all Europe in its defence. They closed their eyes to the fact that,

in 1808, the clergy aroused the masses against the French and were now

their warmest allies, eager to revenge systematic persecution; that the

throne was secretly undermining them, and that they were without

resources, for the treasury was exhausted, the army scarce existed save

on paper, the magazines were empty, and the party in power was rent into

bitterly opposing factions. A kind of delirium seized the deputies when

San Miguel on January 9th laid the correspondence before the Córtes, and

his replies were clamorously approved without distinction of party.[987]

[Sidenote: _THE FRENCH INVASION_]

Yet this effervescence soon subsided. A decisive victory gained by the

insurgents at Brihuega, not far from Madrid, on January 24th, threw the

capital into a tremor and, on February 16th, the Córtes adopted a decree

looking to the transfer of the Government in case of necessity.[988] New

Córtes opened their sessions March 1st and their first thought was to

place themselves in safety, carrying with them Fernando, both as a

hostage and as necessary to the assumption that the government of Spain

travelled with them. Resistance on his part postponed the move until

March 20th, when the exodus to Seville took place. There they remained

until June, when the approach of the French necessitated a further

flight and, on the 9th, Cádiz was selected as the place of refuge. This

time Fernando resolutely refused to fly from his liberators and, as

coercion of the monarch was incompatible with the theory that he was

still governing, it was assumed that he was incapacitated by reason of a

temporary delirium; he was deposed and a Regency was appointed which

ordered the transfer to Cádiz; on the 12th the king and royal family

left Seville; the Córtes adjourned to meet in Cádiz June 18th; in four

days Fernando was declared to be again in his right mind and the Regency

resigned. The spectacle of a flying Government dragging with it a

captive king, whom it recognized as still actively reigning, was worse

than ludicrous; it gave to Fernando a claim on the sympathy which he had

forfeited, and served as an incentive and an excuse for cruel

reprisals.[989]

Meanwhile the army of invasion had been gathering on the border under

the Duke of Angoulême, nephew of Louis XIV. From Bayonne, on April 2d,

he issued a manifesto to the effect that he did not come to make war but

to liberate a captive king, to restore the Altar and the Throne, to

release the priesthood from exile, and the whole people from a

domination that was preparing the destruction of Spain. On April 7th the

army crossed the Bidassoa, consisting of 91,000 men, of whom 35,000 were

Spanish royalists. Its discipline was perfect and its conduct admirable.

Everywhere it was received as a liberator, with cries of "Viva el Rey

absoluto, Viva la Religion y la Inquisicion." Resistance was impossible

and, although five armies had been organized, none worthy of mention was

attempted, except in Catalonia, where the indomitable Mina prolonged the

useless struggle until November, and at Cádiz, where the so-called

Government was battling for existence. Siege was laid there on June 23d,

and was prolonged until October 1st, when Fernando was ceremoniously

conveyed to the camp of his French deliverers. Yet, if rhetoric could

have repelled the invaders, they would have been glad to escape from the

eloquence which accompanied a solemn declaration of war on April 29th,

when Flórez Calderon boasted that the breasts of the deputies would make

an impenetrable rampart around the constitutional King and his

family.[990]

If the French came as pacifiers, they made a mistake in bringing with

them a Junta Provisional of four rabid royalists, formally installed at

Ozarzun, April 9th. It assumed to be the Government and issued a

manifesto rescinding all the acts of the Revolution and restoring the

conditions prior to March 7, 1820.[991] It used its authority in such

unsparing proscriptions that even the royalists became alarmed and

appealed to de Martignac, the royal commissioner accompanying Angoulême,

pointing out the evils to be apprehended from such ferocity. Quarrels

within the Junta afforded an excuse for superseding it, and Angoulême,

on reaching Madrid, empowered the Councils of Castile and Indias to

nominate a Regency, at the head of which was the Duke del Infantado.

This body, on June 4th, published a manifesto promising to use its power

to prevent persecutions and excesses, to maintain internal peace,

execute the laws and make the royal power respected.[992]

These were fair words, belied by acts. The whole arrangement had been

dictated by secret instructions from Fernando, and proscription and

persecution continued as active as ever. The Regency confirmed a measure

of the Junta organizing bodies of so-called Royalist Volunteers, whose

duties consisted in arresting and imprisoning all whom greed or

malevolence might designate as objects of suspicion, in which work they

were aided by the mob, always ready for violence and rapine. In

Saragossa fifteen hundred persons were dragged to prison by the populace

led by priests and frailes. In Navarre, the guerrilla chief known as el

Trapense committed revolting excesses. In Madrid and Córdova the gaols

were crowded with prisoners. This work went on in most of the towns, as

the national forces retreated, the victims being mostly citizens of

wealth and position, while the pulpits resounded with exhortations to

persecution and extermination and the French troops, in so far as they

could, restrained the outrages.[993]

[Sidenote: _RELEASE OF FERNANDO_]

Despite his reluctance to interfere, Angoulême felt called upon to put

an end to the cruelty and impolicy of these persecutions and, on his way

to Cádiz, he issued from Andujar, August 8th, a decree forbidding

arrests by the Spanish authorities without authorization from the

commandants of the troops of the districts, who were instructed to

liberate all political prisoners, and to arrest those who contravened

these orders, while all periodicals were subjected to the inspection of

the commandants. The foreign ministers, however, protested against this

as an invasion of Spanish independence, which emboldened the Regency to

remonstrate in a haughty and insolent manner. The Royalist Volunteers

of Navarre, in a manifesto of August 20th, were prodigal of insults and

menaces to the duke; a memorial addressed to him, August 23d, signed by

Eguia and a large number of military chiefs and priests, stigmatized his

effort at pacification as an attempt to perpetuate an impious faction,

and demanded the restoration of the Inquisition. Wherever there were no

French troops the decree was ignored and finally Angoulême, whether

instructed by his court or afraid openly to oppose the Regency, issued

an explanatory order, which virtually annulled the decree. Evidently

there was to be no peace for the distracted land.[994] Even the Regency

felt it necessary to disclaim responsibility for the horrors enacting on

every hand. August 10th, it ordered the prosecution of the rioters who,

at Alcalá, Guadalajara and Torrejon had committed terrible excesses

under pretext of avenging the transfer of the king to Cádiz and, on

August 13th, it commanded the people to restrain their zeal in making

arrests but, while it was powerful to excite passion it was powerless to

enforce order.[995]

When, in view of the hopelessness of further resistance at Cádiz,

Fernando was informed, September 28th, that he was at liberty to seek

the French camp, a tumult arose and a demand for guarantees. He summoned

the ministers, telling them that he desired to give assurances and

ordering José María Calatrava to draw up a decree declaring of his own

free will and, on the faith of his royal word, that he would adopt a

form of government assuring the happiness of the nation, the personal

security, the property and the civil liberty of Spaniards, with complete

oblivion of the past. The amnesty was rendered complete with elaborate

details and, when it was presented to him for signature on the 30th, he

said that, to remove all doubts, he would make some changes with his own

hand, which he accordingly did, rendering some of the clauses clearer

and more emphatic.[996] When, on the next day, he was received by

Angoulême, he shut himself up with the Duke del Infantado and Victor

Damien Saez, his former confessor, whom he appointed universal minister

and, before the colloquy was over, there was drawn up and signed a

decree of two articles; the first declared null and void all acts since

March 7, 1820; the second confirmed the proscriptions of the Junta of

Ozarzun and the Regency. Printed copies of this, together with that of

the day before, were circulated to the no small perplexity of all

concerned. Then General Bourmont, the French commander, learned that

Ferdinand had passed secret sentence of death on some prominent liberals

there present, whereupon they were conveyed on naval vessels to

Gibraltar and saved from his sanguinary vengeance. This was but a

foretaste of the wrath to come.[997] Prescriptive and oppressive

measures followed each other and the persecution inaugurated by the

Regency was sharpened and systematized.

TEN YEARS OF REACTION.

The French had already discovered that they had raised a demon whom they

could not exorcise. They had restored unconditionally to absolute power

a prince who was utterly faithless, whom no promises could bind, who

cared only for the gratification of his passions, and who was surrounded

by vindictive counsellors, eager for the blood and spoils of their

countrymen. The prisons were crowded to repletion and the untamed

ferocity of the multitude, stimulated by the pulpit, was let loose upon

defenceless victims. It was a scandal in the face of all Europe and was

felt acutely. Effort was made to repair the mischief, but with scant

success. Fernando, on leaving Cádiz, had written to Louis XVIII,

expressing his gratitude, and Louis seized the opportunity, in his

reply, to impress on him his own example and that of their ancestor

Henry IV, as the only means of bringing peace to a distracted land,

warning him that a blind despotism weakened instead of strengthening

royal power. Angoulême had manifested his disapprobation of the decree

of October 1st, and a coolness arose between him and Fernando, which

went on increasing. They parted, October 11th, Angoulême refusing all

honors on his homeward journey, and leaving Bourmont in command. The

French army was gradually reduced, but the last detachments did not

leave Spain until November, 1827.

[Sidenote: _CHÂTEAUBRIAND'S FAILURE_]

Secure in this protection, Fernando was deaf to remonstrances. It is

true that, when the ambassadors of the powers met him in Seville, under

their pressure, he issued a decree, October 22d, holding out

expectations of what he would do on reaching Madrid, but promises cost

him nothing and these were as futile as those of September 30th. To

emphasize the necessity of conciliation, the French cabinet prevailed

upon the Russian ambassador, Pozzo di Borgo, to visit Madrid, in the

name of the Holy Alliance. He arrived there October 28th and held long

conferences with Fernando and Victor Saez, urging clemency and a general

amnesty, but he met, in reply, with nothing but vague generalizations.[998]

If the welfare of a nation had not been at stake, the reflections of

Châteaubriand on the success of his enterprise, and his correspondence

with Talaru, the French ambassador, might well raise a smile. He was

disgusted, he said, with having to do with a monarch who would burn his

kingdom in a cigar, and he declared that the sovereigns of today seem

specially created to destroy a society ready to perish. In Spain, the

political sore is the king and it is almost impossible to apply a

remedy. At first he assumed that he could dictate a policy, and asserted

that he would not tolerate the follies of the king nor allow France to

appear as an accomplice in stupidity and fanaticism. Talaru was to speak

as a master; if the ministry was not to his mind, he was to have it

changed, the threatened withdrawal of the troops being what would force

Fernando to listen to reason. He soon found, however, that behind the

ministry was the camarilla--the real power that could not be

dislodged--and that the clergy was also a body to be reckoned with.

Châteaubriand's effervescence wore itself out against the

impenetrability to reason and argument of Fernando and his advisers, and

his demands shrank to asking for a decree of amnesty--it would be badly

framed, he knew, but at least it would have the appearance of doing

something. After months of urgency, at last Fernando agreed to it. A

fairly liberal scheme was drawn up but, after it had been submitted to

the revision of the friends of Don Carlos, of the bishops, of the secret

Junta de Estado and of the Council of Castile, its framers could scarce

recognize it. While it offered pardon to all participants in the

disturbances since 1820 in support of the Constitution, there were

fifteen excepted classes, some of them vague and comprehensive. It

ordered the discharge of all prisoners not comprised within the

exceptions, but this was not obeyed. It ordered the bishops to

contribute to bring about union, but few of them did so. It was dated

May 1, 1824, but was not published until the 20th, and the interval was

employed all over Spain in gathering evidence to bring individuals under

the excepted classes, so that they could be arrested simultaneously with

the publication of the decree; the prisons were filled with new victims,

and the courts were overwhelmed with prosecutions. The courts, moreover,

were supplemented with military commissions, whose procedure was

informal and summary. The _Gaceta de Madrid_, between August 24th and

October 12, 1824, chronicled 112 executions by shooting or hanging.

Whatever scanty favor was shown to Liberals in the decree was more than

counterbalanced by another of July 1st, granting pardon for all assaults

and injuries committed on them or their property except when murder had

resulted.[999] The Royalist Volunteers thus had full licence, and the

Liberals were virtually outlawed.

[Sidenote: _DEMANDS FOR THE INQUISITION_]

Proscription and persecution were systematized in a manner without

precedent, by the compilation of lists of all suspects. During the

constitutional period, Fernando had kept a Libro Verde, noting down the

names of all who displeased him, thus marking them for future vengeance.

On his restoration to power, a secret Junta de Estado, consisting

chiefly of ecclesiastics, was formed, whose business it was to gather

information against all who were opposed to absolutism. Denunciations

were invited from priests and frailes, from enemies and from the lowest

class of informers, to whom inviolable secrecy was promised, and all the

scandal and false evidence thus accumulated was recorded opposite the

name of the party, for use as occasion might require. The list was

divided into districts, and copies were sent to the respective

intendants of police, who contributed such further names and charges as

they could gather from all sources however vile. Thus every man's

liberty and property were at the mercy of secret and irresponsible

informers. It was a Libro Verde on a scale which the Inquisition itself

had never imagined, and the system was more thorough and more dangerous

to the innocent than that of the Inquisition.[1000] Such was the

condition of Spain during the terrible ten years, from 1823 to 1833,

known as the _Epocha de Chaperon_--Chaperon being the president of the

military commission of Madrid and notorious for his cruelty.

One result of this is well set forth in a singularly outspoken

representation addressed by Javier de Burgos to Fernando, January 24,

1826. He had been sent to Paris to negotiate a loan, and he ascribes his

failure, not so much to the poverty of the land, as to the absence of

peace essential to prosperity, and this arose from the successive

proscriptions which had desolated Spain. Now, he says, simple police

orders deprive of common rights whole classes, and subject them to

penalties which in well-ordered countries can be inflicted only by

tribunals. Much is said of the league of European bankers against

Spanish credit, but this has only been made invincible by the efforts of

the six or eight thousand proscribed exiles in England, France and

Belgium. A few days ago the journal which represents commerce and

industry said "As for Spain, it continues to fall rapidly into

barbarism. It is a second Turkey, only more miserable and worse

governed." Mexico, Colombia, Peru and Chile obtain loans, even though

their independence is not recognized, but Spain cannot get a

maravedí.[1001] It is creditable to Fernando that he took this

plain-speaking good-naturedly and subsequently gave the writer the cross

of Carlos III, but he was impervious to the good advice.

* * * * *

The decrees of the Regency and of Fernando, restoring the conditions

prior to March 7, 1820, and invalidating all subsequent acts, seemed

necessarily to revive the Inquisition. Its officials, however, hesitated

to resume their functions without positive orders, and it was known that

the French were opposed to its restoration. Numerous petitions for it

were made to Angoulême, but he evaded categorical replies, saying that

he would procure the liberation of the king and leave him to determine

what would best promote the happiness of the nation.[1002] After

Fernando's release, felicitations came pouring in, warmly thanking him

for his proscriptive measures and among these were many urging that the

Inquisition should be set to work. If, at the moment, he desired to meet

these wishes, he was restrained by the earnest opposition of the Allies,

who especially shrank from the responsibility of resuscitating an

institution so universally abhorred. As Châteaubriand wrote to Talaru,

December 1st, "We will not permit our victories to be dishonored by

proscriptions or that the fires of the Inquisition be raised as altars

to our triumphs" and, on December 11th, he declared it to be necessary

that the royal confessor should not be an inquisitor.[1003]

Fernando, however, seems already to have questioned whether the

Inquisition would really be of service to him politically and, as

religion with him was merely a matter of policy, he preferred to let the

question slumber, without committing himself. It is related that once,

when a bishop of extreme views was urging upon him the utility which the

Inquisition had always been to the crown, he walked across the room to a

balcony and, looking up at the serene sky, exclaimed "What a cloud! a

great storm is coming."[1004] His intentions, however, were indirectly

manifested, by a decree of January 1, 1824, which withdrew from the

_Crédito público_ the administration of the property of the Inquisition

and placed it with the _Colector-general de Espolios_, who was charged

to pay the salaries of all the officials of the tribunals.[1005] This

indicated that there was no intention to restore the institution to

activity, and to this Fernando adhered, notwithstanding the urgency

which continued.

[Sidenote: _THE INQUISITION DORMANT_]

In fact, as the reaction established itself, Fernando could not but

recognize that he had nothing to gain from the Inquisition and might

risk something. His one object was unlimited absolutism. Circumstances

had enabled him to attain this to a degree which none of his

predecessors had enjoyed. The defeat of the Liberals was so complete,

and the servility of the Royalists so great, that he could disregard

whatever remnants of the old Spanish institutions had still placed some

restraints on the crown. There was no secret made of this. A royal order

of October 17, 1824, destroyed at a blow all the municipal

self-government of Spain; the _Ayuntamientos_ of the towns were no

longer to be elective; those in office were to choose their successors

in thirds at a time, and the appointees were subjected to revision by

the royal Audiencias while, in the preamble, the object of this was

openly stated to be that there should disappear for ever from Spanish

soil the most remote idea that sovereignty resided elsewhere than in the

royal person, and the people should know that not the slightest

alteration would ever be made in the fundamental laws of the

monarchy.[1006]

The only claim of the Inquisition to efficiency, greater than that of

the police and royal tribunals, was in its delegated faculties from the

pope and, to a monarch thus resolved to concentrate in his own hands all

power, it was naturally distasteful to employ for political ends foreign

authority which, nominally at least, was not under his own control. This

objection he might have disregarded, if he had reason to expect from the

Inquisition any special service, but such there was not. While there

still was law in Spain the Inquisition might be useful as being above

the law, but now that law was merely the sic volo, sic jubeo, the

Inquisition was superfluous, while its secret procedure was more tardy

and cumbrous--perhaps even less certain--than that of the military

commissions; and the system described above of lists of suspects with

evidence gathered from every source by thousands of informers was far

more comprehensive in plan and in detail than anything that the

inquisitorial organization had ever attempted.

The Inquisition thus had nothing to offer and, careless as was Fernando

of the public opinion of Europe, even he could recognize the wisdom of

avoiding the odium of re-establishing an institution so generally

condemned. To the victims it made little difference whether their judges

were called military commissioners or inquisitors; their offences were

justiciable by either, for the pulpits resounded with the doctrine that

all Constitutionalists and Liberals were Jansenists and heretics--a

doctrine justified by a royal order of May 2, 1824, to the bishops,

requiring them to celebrate, in their dioceses, Missions calling the

Liberals to repentance.[1007]

Yet there was a lurking Jansenism in this tacit assumption that the

regalías enabled the king to prolong at his pleasure that suppression of

the Holy Office which, in 1813, had been proved by learned theologians

to be in violation of the canons and of the authority of the Holy See.

The clerical party was restless and dissatisfied, the more so because,

as Fernando's theory of government was to render his own power secure by

promoting discord among his followers, he occasionally favored the

moderate Royalists against the extremists. The latter were not content

even with the prevailing cruel persecution, and longed for one more

searching with the Inquisition as its instrument. The secret

organization known as the _Junta Apostólica_, or _Angel Exterminador_,

had cast its eyes upon Don Carlos as a leader who could realize their

aspirations, for he was completely under priestly influence and belonged

to the extreme faction, besides being heir presumptive in the probable

case of Fernando dying without issue. Carlos, however, though not a man

of strong character, was strictly honorable and was bound to Fernando

with ties of a mutual affection which endured to the end. He was quite

content to await the chances of succession, but his wife Francisca of

Portugal and her sister the Princess of Beira, widow of the Infante

Pedro, were ambitious. His apartments in the royal palace were the

centre of intrigues, in which he did not personally participate, while

Fernando who, through his spies, was kept informed of them, did not

interfere, confiding in his brother's loyalty and his own ability to

crush attempts against himself.

[Sidenote: _RISING IN CATALONIA_]

In 1824 and 1825 there were movements and risings of the extremists in

various provinces, which indicated concerted action and were suppressed

with more or less facility, except in Catalonia. There the hidden

leaders of the conspiracy found a population discontented with what they

deemed the lukewarmness of the Government, which they were told was now

controlled by Free-Masons. The old members of the Army of the Faith,

moreover, deemed themselves insufficiently rewarded for their services,

and organized under the name of _Agraviados_, forming the nucleus of a

"Federacion de Realistas puros," more royalist than the king. Towards

the end of 1826 there was circulated a manifesto from the Federation

urging the necessity of placing Don Carlos on the throne; its

organization rapidly extended, and April 1, 1827, was appointed for the

rising, which was readily suppressed and a free pardon was granted to

the insurgents. The pacification was but temporary. In July, at Manresa,

a _Junta superior_ was formed, and in August the tolling of the bells

summoned the _somatenes_ or levies _en masse_ to arms, when a portion of

the troops joined the insurrection, which was soon supreme in Catalonia.

A report made, August 27th, by Dehesa, fiscal of the court of

Barcelona, states that the war-cry of the insurgents was "Long live the

Inquisition! Death to the Constitution! Death to the negros! Death to

the police!" They were told that the rising was by order of the pope and

that the king was surrounded by Free-Masons; it was supposed to be the

work of the clergy, who desired the re-establishment of the Inquisition,

and to make themselves all-powerful by working on the fanaticism of the

ignorant mountaineers.[1008]

That the situation was becoming dangerous is manifested by the only

kingly act in Fernando's record, for he resolved to visit Catalonia

himself, after sending the Count de España there with full powers. He

reached Tarragona September 28th, being received everywhere with

enthusiasm, though there was an abortive project of abducting him by a

large body of Royalist Volunteers assembled as though to do him honor.

From Tarragona he issued a proclamation to the effect that those who

should not lay down their arms within twenty-four hours must expect no

mercy, and that he would deal with their leaders as he saw fit. The

secret societies had already issued orders of pacification; organized

resistance was abandoned, nine of the chiefs were hanged and the land

was speedily at peace. Carlos took no part in the rising, but he knew of

the plans and had not opposed them, and the name of Carlists was

thereafter used to designate the extreme royalists.[1009]

It is significant that, when Fernando ordered the bishops to exhort

their subjects to peace, some of them obeyed, but Pablo de Jesus de

Corcuera y Caserta, the prelate of Vich, refused in a letter of October

6th, on the ground that he could not conscientiously do so. Fernando, he

said, had not kept his promises; he had assembled a junta to examine all

books in circulation, yet poisonous ones, like that of Thomas à Kempis,

were allowed to be read; he had ordered the restoration of everything to

the conditions prior to March 7, 1820, yet the Inquisition had not been

re-established; other royal short-comings were pointed out and, in the

face of all this it was impossible for a bishop not to take part in

temporal matters; to preach obedience as required would be to compromise

the episcopate and to become the instrument of the enemies of God, nor

would it avail anything, for it would be impossible to make the people

think otherwise. These outspoken sentiments of the fiery bishop explain

much that is saddest in modern Spanish history; he was not punished for

them but, when the Count de España came to Vich he summoned the

recalcitrant prelate before him and reminded him of the fate of Acuña of

Zamora, which might be repeated if it so pleased the Catholic

king.[1010]

After this there was no further demand for the restoration of the

Inquisition, as Fernando's determination was recognized as unalterable.

For awhile however it had not accepted its suppression as final, and it

still sought to perform some of its functions in hopes of being again

revived. This is demonstrated by the Valencia register, laboriously and

faithfully compiled and brought up to the end of 1824, and the same

seems to have been done in Madrid for, in a document of 1817, there is

an appended note referring to the Madrid register of January 31, 1824.

As the salaries were continued, an organization was kept up and a show

was made of performing some kind of work. The Valencia register thus

contains several cases in which it acted in 1824, though it modestly

styles itself "este tribunal eclesiastico" and not "Santo Oficio." Thus

Valero Andreu was accused to it of a blasphemous proposition and was

duly sentenced. The criminal court of Valencia regarded it as still

functioning and, when in trials there came evidence of matters

cognizable by the Inquisition, the proofs would be sent to the tribunal

which would summon the offender and pass judgement on him, the penalty

however being not more than a reprimand. Three cases of this kind are

recorded, the latest being July 3, 1824.[1011] We may fairly assume that

in some, at least, of the other tribunals, trivial work of this kind was

similarly performed.

[Sidenote: _REMNANTS OF THE INQUISITION_]

Some papers connected with a quarrel between the officials of the

Majorca tribunal give us an insight into its internal condition in 1830.

Its business consisted in the collection of the censos and other sources

of revenue. There were many of these--loans to towns and villages as

well as to individuals throughout the islands; payments were apt to be

tardy and the labor of collection was considerable, frequently

involving legal proceedings. The inquisitor had disappeared, although

from another document we learn that he was named Francisco Antonio

Andraca and that he was drawing his salary elsewhere. The existing head

of the tribunal was a _juez subdelegado_, a representative of the old

juez de bienes; there was a treasury and an auditing department with an

_administrador tesorero_, Juan Antonio Togores, who was disabled and

represented by his son, José Antonio Togores. The secretary of the

secreto was Bartolomé Serra y Bennassar, acting as auditor _ad interim_,

whose clerk was Pedro Mascaro, notary of sequestrations. The only other

official was the portero, Sebastian Banza. Togores claims that, when the

buildings were destroyed in 1820, he incurred many enmities by efforts

to compel restitution of plundered materials--among others a Count of

Ayamans was sued for purloining building stone. Togores constructed a

wall around the site, and the heaps of stone and tiles still lay

scattered there. Outside of the enclosure, a couple of small buildings

were erected for offices, with a warehouse below for the storage of the

rescued materials. One of the charges against him was that he had used

the site of the old garden of the senior inquisitor to raise vegetables

and flowers for himself.[1012] There is impressiveness in this glimpse

of the old officials clinging to the ruins of what had once been so

formidable.

From this quarrel we learn that the central authority of the Inquisition

was the General Superintendent of the Property of the Inquisition--apparently

a subordinate of the Colector-general de Espolios, to whom the

assets were confided by the decree of January 1, 1824. In 1830 this

General Superintendent was an old inquisitor, Valentin Zorilla, and

he had as fiscal another inquisitor, Vicente Alonso de Verdejo. The

Inquisitor-general, Gerónimo Cavillon y Salas, Bishop of Tarazona,

was still drawing his salary of 71,491 reales 24 mrs. and did not die

until 1835. Of the Suprema there were but two survivors, the Dean

Ethenard and Cristobal Bencomo, Archbishop of Heraclea, who by 1833 had

disappeared, leaving Ethenard alone. There was still a _relator_, a

private secretary of the inquisitor-general, a keeper of the archives,

and four minor officials. All these, however, were mere pensioners. The

active organization consisted of the superintendent and his fiscal,

with a treasurer and receiver-general _ad interim_, Don Angel Abad,

whose accounts for 1830 show that he had received by drafts drawn upon

the several tribunals

From Valencia 35,000 rs.

Córdova 26,000

Barcelona 28,000

Granada 60,000

America 93,417.17

Santiago 52,000

Murcia 60,000

Majorca 50,000

Saragossa 84,000

Canaries 112,635.17

Logroño, Madrid, Cuenca and Llerena apparently contributed nothing. The

sums credited to America and Canaries were probably old balances. The

receipts from prebends must have gone directly to the Superintendent,

for the decree of final extinction in 1834 shows that they were still

held for the benefit of the Inquisition. There were other sources of

revenue, principally from censos, of which the most notable was one of

the Count of Altamira, from whom was collected, in 1830, the sum of

272,335 reales 25 mrs., being arrearages that seem to run back to 1818.

He was still hereditary alguazil mayor of the Seville tribunal, in which

capacity he was receiving a yearly salary of 4411 reales 26 mrs. The

Duke of Medinaceli, as alguazil mayor of the Madrid tribunal, was still

drawing his yearly stipend of a thousand reales and personally signing

monthly receipts. There are scattering entries of payments to officials

of various tribunals, showing that they were gradually thinning out, and

refugees from the American Inquisitions were kept on the pay-roll.[1013]

Such was the moribund condition of the Holy Office on the eve of its

extinction.

* * * * *

While the Inquisition was thus suspended, the more zealous bishops

replaced it with so-called _Juntas de fe_, based on the same principles,

with secrecy of procedure and exercising jurisdiction in the external as

well as internal forum. No record of the proceedings of these anomalous

tribunals seems to have been preserved except in the case of Valencia,

where the archbishopric was held by Simon López, in reward for his

defence of the Holy Office in the Córtes of Cádiz. Almost his earliest

act on assuming his new dignity, in 1824, was to issue a pastoral

confirming the junta de fe, established by his predecessor Veremundo

Arias, and empowering it to receive denunciations. He took the

presidency with Dr. Miguel Toranza, the former inquisitor of Valencia as

his colleague, Dr. Juan Bautista Falcó as fiscal and Dr. José Royo as

secretary.[1014]

[Sidenote: _JUNTAS DE FE_]

Thus the old tribunal was revived under another name, and it speedily

proved that such juntas were more dangerous than those of the

Inquisition, as they were not subject to the supervision and control of

the Suprema. A poor schoolmaster of Rizaffa, named Cayetano Ripoll, had

served in the War of Liberation and had been carried as a prisoner to

France, where he became a pervert. He abandoned Christianity for Deism,

while at the same time he was a living embodiment of the teachings of

Christ, sharing his scanty pittance with the needy, and constantly

repeating "Do not unto others what you would not have done unto you." He

did not seek to propagate his beliefs, but he was denounced to the Junta

by a beata for not taking his scholars to mass, for not making them

kneel to the passing viaticum, and for substituting in his school the

ejaculation "Praise be to God" instead of "Ave Maria purissima." He was

arrested September 29, 1824, and his trial lasted for nearly two years.

The testimony confirmed the denunciation and showed that the only

religious instruction which he gave his pupils was the Ten Commandments.

During his prolonged trial he made no complaints; he shared his meagre

prison fare with his fellow-prisoners; he openly avowed his convictions,

and the repeated efforts of the theologians to convert him were futile.

The sentence bore that the tribunal had consulted with the Junta de Fe

and concluded that he be relaxed, as a formal and contumacious heretic,

which had been confirmed by the archbishop. There was no hypocritical

plea for mercy, and the Sala del Crimen of the Audiencia, to which he

was handed over, gave him no hearing or opportunity for defence. Its

function was purely ministerial, and he knew nothing of its action until

the sentence was announced to him that, within twenty-four hours, he was

to be hanged and burnt, but the burning might be figurative by painting

flames on a barrel, in which his body should be thrust into

unconsecrated ground. He listened to this with the patient resignation

that he had exhibited throughout his trial, and his last words on the

gibbet, July 26, 1826, were "I die reconciled to God and man."[1015]

This barbarity scandalized all Europe and proved to be the last

execution for heresy in Spain. While it gratified the zealots, who were

clamoring for the resurrection of the Inquisition, it displeased

Fernando, who caused the Audiencia to be notified that the Government

recognized no such tribunals as the juntas de fe.[1016] In spite of this

rebuke, the episcopal juntas continued to exercise an irregular and

irresponsible jurisdiction, until the sufferers sought from the Holy See

the protection denied to them at home. Pius VIII listened to their

prayer, whether from motives of humanity or of establishing in Spain the

jurisdiction which the Inquisition had sought so sedulously to exclude,

and, in a constitution of October 5, 1829, he recited the numerous

prayers reaching him from those persecuted in Spain for matters of

faith, asking that they might have opportunity of appealing from

sentences rendered by archbishops and bishops, before being subjected to

punishment. To save them from the expenses and delays of appeals to

Rome, he empowered the tribunal of the Rota, in the papal nunciature, to

hear all appeals in matters of faith, even twice, thrice, four or five

times in succession, until three concording sentences should be

rendered.[1017] Fernando was less sensitive than his predecessors as to

papal encroachments, and he gave this the force of law by a royal order

of February 6, 1830.

CRISTINA.

[Sidenote: _QUESTION OF SUCCESSION_]

The death of Queen Amalia, May 17, 1829, was an abundant source of

intrigue, for a fourth marriage of Fernando might prove fruitful and

thus destroy the prospects of Don Carlos. The efforts of the Carlists to

prevent it were vain and, on December 9th, Fernando married his neice,

the Neapolitan princess, María Cristina de Bourbon, whose sister

Carlotta was the wife of the Infante Francisco de Paula, the second

brother of Fernando. There was soon prospect of an heir to the throne,

and the uncertainty as to sex rendered it advisable to determine in

advance whether the Salic law excluding females from the succession was

in force or not. The ancient Spanish law, as expressed in the Partidas,

provided for the succession of a daughter in the absence of sons or of

children of a son.[1018] Under this, Spain had seen the glorious reign

of Isabella the Catholic and the unfortunate one of Juana la Loca, and

female succession, in default of male children, was firmly established

in the tradition of the nation until 1713, when María Luisa of Savoy

persuaded her husband Philip V to effect a change. Much pressure was

required to bring this about, but a pragmática, agreed to by the Córtes,

provided that only in the event of the total default of male

representatives should the daughters of the last reigning sovereign

succeed, according to age, and all laws to the contrary were

annulled.[1019]

In 1784 there was talk of revoking this pragmática, but it was postponed

until after the accession of Carlos IV, when the Córtes of 1789

petitioned for the revival of the law of the Partidas. The king assented

but, to avoid giving offence to reigning houses whose possible claims to

the succession were thus cut off, it was kept a profound secret,

although filed away in the archives.[1020] This was the position when

Fernando, to assure the succession to a possible daughter, by a

pragmática of March 29, 1830, ordered that of 1789 to be published and

commanded the literal observance of the law of the Partidas.[1021] The

proceedings of 1789 were freely denounced as fraudulent by the Carlists,

they were confident in the support of two hundred thousand Royalist

Volunteers, and they regarded the new pragmática as a reason for more

energetic organization.

In due time, on October 10th, a girl was born, known to history as

Isabel II. Carlos believed that his rights had been sacrificed and,

though he refused to snatch at the sceptre during his brother's

life-time, he assured his partizans that he would not permit his neice

to mount the throne. Fernando's health was rapidly giving way under

repeated attacks of gout and, on September 17, 1832, his life was

despaired of. The prospect was most critical. Propositions were made to

Carlos about sharing the government, but he declared that conscience and

honor would not permit him to abandon rights given to him at his birth

by God. In the perplexity of the situation, Calomarde, who for ten years

had been the king's most trusted minister, represented to Cristina the

terrors of the inevitable civil war, and the dangers to herself and her

children, for she had recently given birth to a second daughter, María

Luisa Fernanda. She yielded, Fernando assented and signed a paper

annulling the pragmática of 1830, which was read to the assembled

ministers on the night of September 18th, under the strictest

injunctions of secrecy, but it was treacherously divulged, and copies

were posted about the court. Cristina's servants commenced packing her

effects for departure and Carlos, in his apartments, was saluted as

king.

Fernando however commenced to rally; many nobles offered their lives to

Cristina and formed an association to defend the claims of Isabel.

Carlotta, who was in Andalusia, hastened to Madrid, reaching it on the

22d and, being of a determined character scolded Cristina and threatened

Calomarde--it is even said that she cuffed him in the face, when with

ready wit he quoted Calderon--"White hands inflict no disgrace."

Fernando agreed to recall the decree, when she obtained the original and

the copies and destroyed them. This only led the followers of Carlos to

prepare to assert his claims by force, and there was no time to be lost

in organizing a party to resist them.[1022]

This necessitated a reversal of the policy of the last ten years,

identified with Calomarde--in fact the period was often designated as

the _Epocha de Calomarde_. The ministry was dismissed; Calomarde was

banished to his native place, and then was ordered to the citadel of

Minorca, but he was concealed in a convent from which he escaped to

France. Fernando, on October 6th signed a decree constituting Cristina

regent during his illness; the next day she issued a general pardon of

all political prisoners and, on the 15th, a general amnesty, including

the exiles who were allowed to return, the only exceptions being those

who at Seville had voted to replace the king with a regency, and those

who had commanded bodies of troops against him, all of whom Fernando

obstinately refused to pardon. This complete reversal of policy led to

some premature insurrectionary movements by the Carlists, but they were

easily suppressed.[1023]

[Sidenote: _ISABELLA RECOGNIZED_]

The declaration of September 18th had been destroyed, but it had not

been invalidated. To effect this in the most impressive manner an

assembly was held on December 31st of all the great officers of the

Government, representatives of the grandees, and deputations of the

provinces, in which Fernando presented a holograph paper setting forth

that advantage had been taken of his desperate illness to threaten him

with civil war and induce him to sign a revocation of the pragmatic

sanction of March 29, 1830; now, convinced of his inability to alter the

immemorial customs of the land, he pronounced the nullity of the

declaration which had been snatched from him by surprise. Then he signed

and rubricated the paper, all present were asked whether they had

understood its purport, and the next day, January 1, 1833, the

proceedings of the Córtes of 1789 and their confirmation by Carlos IV

were published.[1024]

The next step was the assembling of Córtes to take the oath of

allegiance to Isabel, and for this summons were issued April 4th

appointing June 20th. Carlos was got out of the way by inducing Dom

Miguel of Portugal to invite him, but, when Fernando desired to remove

him still further to Italy, a long and very curious correspondence

ensued between the brothers, couched in the most affectionate terms, in

which Carlos evaded obedience. He was the only absent member of the

royal family when the Córtes met, where all, including bishops,

grandees, nobles and the procurators of the cities duly took the oath

of allegiance. The whole kingdom followed the example, and the

Biscayans, under the historic Oak of Guarnica, spontaneously recognized

Isabel as the heiress of Biscay. Yet sparks of rebellion manifested

themselves in one place after another, and there were symptoms of

insubordination in the army, showing that the Carlist organization was

at work and was awaiting only the death of Fernando.[1025]

By the beginning of September he was scarce more than a living corpse

and on the 29th the end came. The obsequies were held on October 3d, the

leaden coffin having a glass plate through which the face could be seen

and verified. The Duke of Alagon, as captain of the body-guard,

commanded silence and, in a loud voice exclaimed Señor! Señor! Señor! As

there was no reply, he added "Since his majesty does not answer, he is

truly dead." Despite the leaden coffin, the stench was such that several

persons fainted.[1026] It might be said that his malignant influence

lasted until the grave covered him--or, perhaps, the truth is more fully

expressed by Benito Pérez Galdos: "That king, who deceived his parents,

his masters, his friends, his ministers, his partizans, his enemies, his

four wives, his people, his allies, all the world in fact, deceived also

death, who thought to make us happy in delivering us from such a devil,

for he left us his brother and his daughter, who kindled a fearful war,

and the legacy of misery and scandal is yet unexhausted."[1027]

* * * * *

[Sidenote: _DEFINITE EXTINCTION_]

It is not our province to enter into the horrors of the savage Carlist

war, which broke out forthwith and lasted until the Convenio de Vergara

in 1839. The rapid sketch which we have given of its antecedents

suffices to show how Cristina, in order to make head against the

extremists, was perforce obliged to consolidate a party composed of the

moderate Royalists and the Liberals, while the progress of events threw

her more and more into the arms of the latter. The solemn proclamation

of Isabel's succession, October 20th, was accompanied by measures

restricting the oppressive powers of the Royalist Volunteers, restoring

the laws respecting mayorazgos and other reforms of the Constitutional

period. That this process, once begun, should continue with accelerated

momentum was inevitable, and also that it should sweep aside the poor

remnants of the Inquisition. This was so much a matter of course and, in

the comatose condition of the institution, was of importance so slender,

that the memoir writers and historians of the period, if they allude to

it at all, do so in the briefest and most perfunctory manner. Yet the

profound roots which it had struck in the national life, and the hold

which it had acquired on popular veneration, are manifested in the fact

that the struggle for its extinction had extended over a period of more

than twenty years, and required for its consummation a change in the

ideals of a majority of the people. The time for this had at last come,

and the final dissolution was accomplished with only so much of

discussion as to show that the opinions of those called upon to decide

were virtually unanimous in principle and only different as to the

opportuneness of the measure.

At a meeting of the Consejo de Gobierno, July 9, 1834, there was

submitted the project of a decree for the extinction of the Inquisition

and the disposition of its property. This was considered, July 11th,

when the majority, consisting of the Archbishop of Mexico, the Duke of

Bailen, the Marquis of las Amarillas and Don José María Puig, approved

of the decree, with some unessential modifications. The minority,

consisting of the Marquis of Santa Cruz, the Duke of Medinaceli and Don

Francisco Xavier Caro, opposed the article extinguishing the

Inquisition, on the ground that it was already extinguished, matters of

faith were treated in the episcopal tribunals, and it was inopportune to

call public attention to an affair which all the world regarded as

settled, while the application of the property ought to be submitted to

the approaching Córtes. At the next meeting, held July 13th, a dictamen

was adopted, embodying the views of the majority and suggesting certain

amendments, of no special moment in principle, which were virtually

accepted by the Regency.[1028] No time was lost in making the final

draft, which was published July 15th. The preamble recited the desire of

the Regency to strengthen the public credit in all ways compatible with

justice; that the late king had considered the imprescriptible episcopal

jurisdiction and the laws of the land sufficient for the protection of

religion; that a decree of January 4, 1834, had committed to the

bishops censorship over writings on religion, morals and discipline;

that the labors on the criminal code, now completed, established

appropriate penalties for assaults on religion, and that the _Junta

eclesiastica_, created by decree of April 22d, was occupied with

proposing what was deemed necessary to this end. Therefore the Regent,

in order to provide a remedy, in so far as the Real Patronato extended

and with the concurrence of the Holy See, as far as this was necessary,

after consulting the Council of Government and the ministers, decreed--

Art. I. The tribunal of the Inquisition is declared to be definitely

suppressed.

Art. II. Its property is appropriated to the extinction of the public

debt.

Art. III. The one hundred and one canonries annexed to the Inquisition

are applied to the same object, subject to the royal decree of March 9th

last, and for the time expressed in the Apostolic bulls.

Art. IV. The employees who possess prebends or obtain salaried civil

offices will have no claim on the funds of the Tribunal.

Art. V. The other employees will receive from the sinking fund the exact

salaries corresponding to the classification which they will establish

with the Junta eclesiastica.[1029]

Such was the brief and decisive decree which terminated the existence of

the institution created by the piety of Isabella and the fanaticism of

Torquemada.

[Sidenote: _VICISSITUDES OF TOLERATION_]

There still remained the juntas de fe of the bishops, some, at least, of

whom persisted in maintaining them, with the old inquisitorial methods,

in spite of the constitution of Pius VIII and the royal decree of

February 6, 1830. Their continuance was incompatible with the rapidly

increasing anticlerical spirit of the dominant party, and they were

prohibited by a decree of July 1, 1835, in which, after alluding to the

disregard of the papal and royal utterances, Cristina ordered that they

should cease immediately wherever they had been established. The

ordinary episcopal courts were required to observe the law of the

Partidas, the canons and the common law in all cases of faith and

others, of which the extinguished Inquisition had had cognizance,

conforming their procedure to that in other ecclesiastical matters and

admitting the appeals allowed by law. Cases of solicitation were

provided for by a clause providing that, where scandal or offence to

morals might ensue, a prudent secrecy should be observed, the hearings

to be held with closed doors, in the presence of the accused and his

counsel, from whom nothing was to be withheld.[1030] Thus the last trace

of inquisitorial procedure was forbidden on Spanish soil.

* * * * *

After so many centuries of conscientious intolerance, the lesson of

toleration was hard to learn. On August 14, 1836, the _Motin de la

Granja_ forced Cristina to proclaim once more the Constitution of 1812,

with its prohibition of any religion save Roman Catholicism. This

instrument, with all its crudities, was soon found to be unworkable, and

the Constitution of 1837 marked an advance, in its simple declaration

that the State obligated itself to maintain the cult and ministers of

the Catholic religion, which was that of Spaniards. Then came a reaction

and, when the Constitution was revised in 1845, the principle of

intolerance was reaffirmed. The European disturbances of 1848

strengthened this spirit in the Church, and it found expression in the

penal code of 1851, of which Articles, 128, 129, 130 and 131 inflict

imprisonment and exile for any attempt to change the religion of Spain,

for public worship in other faiths, for apostatizing from Catholicism,

or for publishing doctrines in opposition to it.[1031] The Spanish

bishops were even encouraged to call for the revival of the Inquisition

under their management, but this would have been superfluous.[1032] That

the law was quite sufficient for the repression of Protestant propaganda

was shown, in 1855 by the long imprisonment and exile of Francisco Ruet

at Barcelona. It is true that in 1856, during the brief return of the

Liberals to power, a Constitution on a more tolerant basis was framed,

but a speedy reaction prevented this from going into effect, and the

instrument of 1845 remained in force until the revolution of 1868.

Ruet's chief disciple was Manuel Matamoros, who made numerous converts

in Málaga, Granada and Seville, but, in 1860, prosecution caused to fly

to Barcelona, where he was thrown in gaol and taken back to Granada.

Some twenty more were arrested, among whom were his two principal aids

José Alhama and Trigo. Matamoros and Alhama were condemned to eight

years of presidio and Trigo to four, while similar sentences were

pronounced in Seville on Tomas Bordallo and Diego Mesa Santaello. The

affair made a sensation throughout Europe; the Evangelical Alliance

bestirred itself and a deputation representing nearly every nation

assembled in Madrid to intercede for the convicts. The pressure was so

great that, on May 20, 1862, the sentence rendered three weeks before

was commuted to nine years' of exile, which enabled the Evangelicals,

from the safe refuge of Gibraltar, to maintain relations with their

secret converts.[1033] That under this reaction the resuscitation of the

Inquisition was seriously considered, may be assumed from the

publication, in 1859, of a pamphlet containing the speech of Ostolaza,

in the Córtes of Cádiz, in favor of the Inquisition, and those of Muñoz

Torrero and Toreno against it, with the manifesto of the Córtes, thus

contributing to the debate, under the guise of impartiality, the weight

of argument against the Holy Office.[1034]

When came the revolution of 1868, the Constituent Córtes, after a

vigorous debate, affirmed, May 8, 1869, the principle of religious

liberty by the decisive vote of 163 to 40. In the new Constitution,

proclaimed June 6th, the free exercise, public and private, of faiths

other than Catholicism was guaranteed both to foreigners and

Spaniards.[1035] Under this the _Código penal reformado_, which is still

in force, provides penalties of fine and imprisonment for any

interference with religious belief, whether by constraint to acts of

worship or impeding those of the individual's chosen faith.[1036]

Finally, in 1876, still another Constitution, which has endured to the

present time, after declaring Roman Catholicism to be the religion of

the State, prohibits the molestation of any one for religious opinion or

for the exercise of his cult, in so far as Christian morals are

respected, but it does not permit public ceremonies other than those of

the State religion.[1037]

[Sidenote: _VICISSITUDES OF TOLERATION_]

This summary of the vicissitudes in the progress of toleration, since

the suppression of the Inquisition, is not foreign to our subject, for

it teaches two lessons. One is that the main assaults on the

ecclesiastical system of Spain, its members and its temporalities, were

committed before toleration was extended to the heretic, for the

secularization of church property, the abrogation of tithes and first

fruits and the suppression of the regular Orders were chiefly effected

by measures adopted between 1835 and 1855. The other is that the slender

results of Protestant propagandism, from the days of George Borrow to

those of Pastor Fliedner, show how little Catholicism has to fear from

such efforts among a people who, if they abandon the faith of their

fathers, are much more apt to seek refuge in negation of religion than

in heresy. Together they demonstrate that the terrors of the Inquisition

were superfluous, and that the injuries which it inflicted on Spain were

not compensated by any corresponding benefits, even from the stand-point

of the Church.

CHAPTER II.

RETROSPECT.

[Sidenote: _PRESENT CONDITION_]

No modern European nation has endured such vicissitudes of good and evil

fortune as the Spanish. From the virtual anarchy of the Castilian

kingdoms under Juan II and Enrique IV, the resolute wills of Ferdinand

and Isabella evoked order and, by the union with Aragon, the conquest of

Granada, Naples and Navarre and the acquisition of the New World, they

left Spain in a most commanding position. When, under Charles V, to this

were added the Netherlands, the Austrian possessions, Milan and the

headship of the Holy Roman Empire, the hegemony of Europe was secured,

and the prospect of attaining the universal monarchy seemed sufficiently

possible to arouse the fears of Europe. The loss of the Empire and of

Austria, awarded to the younger branch of the Hapsburgs, strengthened

rather than weakened the inheritance of Philip II, by rendering it less

cumbrous and unwieldy, while the acquisition of Portugal unified the

Peninsula and the increasing wealth of the Indies promised almost

unlimited resources for the extension of his power. Yet this power, so

colossal in outward seeming, was already becoming a mere shell, covering

emptiness and poverty, for its rulers had exhausted the nation in

enterprises beyond its strength and foreign to its interests. Throughout

the seventeenth century its downward progress was rapid until, at the

death of Carlos II, in 1700, it had reached a depth of misery and

helplessness in which it might almost despair of recuperation. Yet its

efforts, in the War of Succession, showed that it still possessed a

virile nationality; its decadence was arrested, and a slow upward

progress was begun, accelerated under the enlightened rule of Carlos

III, until, at his death in 1788, it had so far regained its position

that, if not yet a power of the first rank, it might not unhopefully

look forward to attaining that position. Then followed the weak and

disastrous reign of Carlos IV, under the guidance of Godoy, when

impotence invited the intrusion of Napoleon, resulting in the

manifestation of national energy, which surprised the world in the

heroic War of Liberation. After the Restoration in 1814, the land was,

for more than half a century the scene of almost unintermittent conflict

between antagonistic forces, resulting in the apathy of exhaustion after

attaining the form of democratic constitutional monarchy. Yet we are

told that absolute monarchy has merely been replaced by absolute

_Caciquismo_ or, in American parlance, the rule of the political

"boss."[1038] Government, it seems, is exploited purely for the private

interest of the office-holding class and the strength of the nation has

been wasted, its development has been neglected, until the unexpected

feebleness revealed in the war of 1898 led earnest patriots to declare

that, if the existing maladministration were to continue, it would be

better to seek shelter under England or France, and to put an end to the

history of Spain as an independent nation.[1039] This shock to the

national consciousness, and the skilful and vigorous agitation to which

it gave birth, bear promise of results in the political as well as in

the material and industrial development of the land, and we may

reasonably hope that a nation, which has suffered so much with

fortitude, is entering upon a new career that may make amends for the

miseries of the past.

Vicissitudes such as these have their causes, and we cannot conclude

this long history of the Inquisition without inquiring what share it and

the spirit, which at once created and was stimulated by it, contributed

to the misfortunes endured, with few intermissions, by the Spanish

people since its organization. These causes are numerous, many of them

not directly connected with our subject, but yet to be enumerated in

order that undue importance may not be ascribed to the influence of the

Inquisition.

* * * * *

To begin with, the Spanish monarchy developed into a pure despotism,

based on the maxim of the Institutes--_quod principi placuit legis habet

vigorem_--the prince's pleasure has the force of law. All legislative

and executive functions were concentrated in the crown; the king issued

laws, levied taxes, raised troops, declared war, made peace at his will,

and the execution of the Justicia Lanuza, in 1591, without a trial,

shows that the lives of his subjects were at his disposal. It was the

same with their liberties, as illustrated by the imprisonment, without a

hearing, of ministers like Cabarrús, Floridablanca, Jovellanos and

Urquijo. For awhile the ancient fueros of the kingdoms of the crown of

Aragon served as some restraint in those territories, but Philip V, in

1707 and 1714, took advantage of the War of Succession to declare them

forfeited. Under such concentration of authority, the fate of the nation

depended on the character and capacity of the monarch. Charles V had

unquestioned ability, but his ambitious enterprises, while flattering to

the national vanity, not only exhausted the resources of Spain, in

quarrels foreign to its interests, but crippled its prosperity by the

reckless devices employed to supply his needs. Philip II was a man of

very moderate talents, irresolute and procrastinating to that degree

that the Venetian envoy Vendramino, in 1595, declared that what would

cost another prince ten ducats cost him a hundred, in consequence of his

dilatoriness.[1040] His enormous and disjointed empire was too much for

his narrow intelligence, and his vast expenditures in defence of Latin

Christianity consumed all his resources and kept him in perpetual

financial straits. At his death, in 1598, he had nothing to show for the

ruin of his country but the gloomy pile of the Escorial and the

acquisition of Portugal. Holland was hopelessly lost; his rival, Henry

IV, was firmly seated on the throne of a reunited France, and the papacy

was alienated. The internal condition of the land is depicted in the

despairing complaints of the Córtes of 1594--"The truth, which cannot be

questioned, is that the kingdom is totally exhausted. Scarce any man has

money or credit, and those who have it do not employ it in trade or for

profit, but hoard it to live as sparingly as possible, in hope that it

may last them to the end. Thus comes the universal poverty of all

classes.... There is not a city or a town but has lost largely in

population, as is seen by the multitude of closed and empty houses, and

the fall in the rents of the few that are inhabited."[1041]

[Sidenote: _GOVERNMENT BY FAVORITES_]

With Philip III we commence the long line of favorites who dominated

Spain during the seventeenth century. Well meaning, but weak and

incapable, he left everything to the Duke of Lerma, under whose guidance

a reckless course of prodigality was followed as though the only trouble

was to get rid of surplus revenues. Charles V had cast aside the severe

simplicity of the old Castilian court for the stately magnificence of

the Burgundian household; his successors followed his example, in spite

of the remonstrances of the Córtes, but where Philip II spent on it four

hundred thousand ducats a year, Philip III lavished a million and three

hundred thousand, while he was begging money of his nobles and prelates

and seeking to seize all the plate in the kingdom in order to coin it.

He was not alone in this, for the nobility and gentry were consumed with

usury and overwhelmed with debt, owing to their extravagance. The

Venetian envoy Contarini, in 1605 describes the land as overspread with

poverty and general discontent and all the evils attendant upon a

corrupt and vicious government, under an indolent king and a rapacious

and incapable minister. The worst war, he concludes, that could be made

on Spain was to allow it to consume itself in peace under misgovernment,

while to attack it would be to arouse the dogged determination of the

people. The reports of the Lucchese envoys tell the same story.[1042]

Such was the condition when the expulsion of the Moriscos robbed the

land of its most productive class.

Matters grew worse when Philip IV ascended the throne, in 1621.

Good-natured, affable, indolent and pleasure-loving, his thirty-one

unacknowledged natural children, besides the acknowledged one--the

second Don John of Austria--serve to explain why he abandoned the cares

of state to his favorite, the Count-Duke Olivares, after whose fall in

1643 his nephew, Don Luis de Haro, succeeded to the post. The official

historiographer describes Spain, at his accession, as being in

extremity, and the people crushed under their burdens; everything was in

disorder, and the condition of the nation so weakened that it could only

be deplored and not amended. Yet Philip's first act was to break the

truce with Holland and, from that time to the end of his long reign, he

was involved in almost continual war. He called together the Córtes and

asked for supplies to which they replied by petitioning him to try to

stop the general depopulation and find occupation for the people, who

were wandering with their families over the country in vain search for

work.[1043] Yet Philip, engrossed with his plebeian amours and the

pleasures of his court, continued his wars and his extravagance, without

giving thought to the misery of his people whom he was crushing with

ever new exactions. The courtly festivities were conducted with a

magnificence till then unexampled; the carnival festival of 1637 was

officially admitted to cost three hundred thousand ducats and was

popularly estimated at half a million.[1044] In 1658 the Venetian envoy

reports his giving to the son of Don Luis de Haro fifty thousand pesos

for skilfully arranging a ballet for the ladies of the court. Every

bull-fight cost him sixty thousand reales, and the celebration at the

birth of Prince Prosper (who speedily died) involved an expenditure of

eight hundred thousand pesos. All this, as the envoy remarks, was

extracted from the blood of the miserable people, who were poorer in

Spain than anywhere else. The immense resources of the kingdom were

absorbed by the rapacity of the ministers or were dissipated by the

profuseness of the king.[1045]

[Sidenote: _RESOURCES AND POSSIBILITIES_]

In 1665, Carlos II, then but four years of age, succeeded to his father,

under the regency of the Queen-dowager Maria Ana of Austria. We have

seen how she abandoned affairs to her confessor, the Jesuit Nithard, and

when he was dismissed by the efforts of Don John of Austria, in 1669,

she replaced him with the worthless favorite Fernando de Valenzuela.

Again Don John was called in; Valenzuela was exiled to the Philippines

and Don John assumed the reins of government. His limited abilities were

unequal to the task; he was driven from power and died soon afterwards

in 1679. Carlos had been declared of age in 1675; he was utterly

incapable and, though he can scarce be said to have had favorites, under

such ministers as the Duke of Medinaceli and the Count of Oropesa, Spain

sank deeper in misery and degradation until his death in 1700. The

kingdom was reduced to the last extremity, without money, without

industry, without means of defence to resist the aggressive wars of

Louis XIV, or to defend the colonies from the ravages of buccaneers. The

population is said to have shrunk to 5,000,000; in 1586 it had been

estimated at 8,000,000 by the Venetian envoy Gradenigo.[1046] Such was

the result of two centuries of absolute government, under monarchs not

wilfully evil, who merely reigned according to the light vouchsafed

them.

Yet it was not so much the extravagance of the court, or the perpetual

wars of the Hapsburgs, or the emigration to the colonies, that reduced

the population and the power of Spain. The land could have endured all

these if its rich resources and vast opportunities had been wisely

developed. Lying between two seas and holding Sicily and Naples, it

commanded the Atlantic and the Mediterranean; with its wealthy colonies,

the source of the precious metals which revolutionized the finances of

Europe and furnished the basis for the most profitable commerce that the

world had seen, it was invited to become the greatest of maritime

states, with a navy and a mercantile marine beyond rivalry, dominating

the seas as the Catalans had dominated the Mediterranean in the

thirteenth and fourteenth centuries. It was largely secured from hostile

aggression by the Pyrenees, and could work out its destinies with little

to fear from external enemies. It is true that much of its surface is

mountainous, and that large districts suffer from insufficient

precipitation, but the Moors had shown what wonders could be wrought by

irrigation, and how, by patient labor, even mountain sides could be made

to yield their increase. No land could boast a greater variety of

agricultural products, including those of semi-tropical and temperate

zones which, combined with mineral wealth, should have rendered it

self-supporting. All that was needed was steady and intelligent

industry, fostered by wise legislation, encouraging production and

commerce, and enabling every man to work out his own career with as few

artificial impediments as possible, and Spain might be today what she

was in the sixteenth century, the leader among civilized nations.

This was not to be. The fatal gift of the Burgundian inheritance

distracted the attention of her rulers from the true arena of her

expansion in Africa and on the ocean, to distant enterprises wholly

foreign to her true interests, while the undeviating determination to

enforce unity of faith at home, and to combat heresy elsewhere, led her

to drive out her most useful population, and involved her in ruinous

expenditures abroad. To extort the means for the furtherance of this

policy, industry was strangled with the most burdensome and complicated

system of taxation that human folly could devise, the weight of which

fell almost exclusively on the oppressed producing classes, who were

least able to endure it, while the nobles and gentry and clergy, who

held by far the larger portion of Spanish wealth, were exempt.[1047] As

taxation was virtually at the discretion of the monarch, imposts were

added as the exigencies of extravagance demanded, usually with little

thought as to their consequences, until the taxpayer was entangled in a

network which crippled him at every step. This moreover was accompanied

with regulations to prevent evasions, and to protect the consumer at the

expense of the producer, which greatly enhanced the deadly influence of

the anomalous and incongruous accumulation of exactions.

[Sidenote: _OPPRESSIVE TAXATION_]

All this fell with peculiar weight on agriculture and on the

_labradores_ or peasants, on whom ultimately the support and prosperity

of the nation depended. When, in 1619, the Royal Council, in obedience

to the commands of Philip III, presented an elaborate consulta on the

causes of depopulation, it commenced by ascribing this to the grinding

and insupportable taxation of the producing taxables, and the exemption

of the consuming classes--the mules and cart of the peasant were seized

for taxes, he was driven from the land and hid himself in the large

cities, or sought a livelihood abroad.[1048] The warning was unheeded

and, ten years later, Fray Benito de Peñalosa y Mondragon, while

enthusiastically extolling the power and wealth of Spain, describes the

condition of the labradores as the poorest, most completely miserable

and depressed of all, as though all the other classes had combined and

conspired to ruin and destroy them. Their cabins and huts of mud walls

are decaying and crumbling, they possess some badly cultivated lands and

lean cattle, always hungry for lack of the common pasture, and they are

burdened with tributes, mortgages, taxes, censos and many impositions,

demands and almsgivings that cannot be escaped. In place of wondering at

the depopulation of villages and farms, the wonder is that any remain.

Probably most of those who go to the Colonies are labradores and they

also flock to the cities, engaging in all kinds of service.[1049]

The process went on without interruption. A century later an experienced

financial official tells the same story, in a report to Philip V. The

burden of taxation fell upon the poor; all that was unpaid was added to

the levy of the succeeding year; a horde of blood-suckers lived by

selling out delinquents, when the costs amounted to more than the taxes.

Consequently the poor were obliged to sell their property to meet the

demands of the tax-gatherer, or to let it be seized and sold, thus

becoming beggars and tramps, and every year saw their numbers increase.

The peasant, moreover, was subject to special and ruinous restrictions.

The tassa or price of his grain was officially determined every year, at

a maximum above which he was forbidden to sell it; moreover it could not

be exported, nor could it be transported by sea from one province to

another to prevent infractions of the prohibition. The result of this

was that if the harvest was deficient, grain was secreted and held at

exorbitant prices and this infraction of the law was winked at under

necessity. The sufferer was the peasant, who had not the means of

storing his grain but had to sell it to the wealthy who could withhold

it, and thus, whether the harvests were abundant or scanty he fared ill.

Thus production was discouraged and diminishing; the producer realized

little, while the consumer paid extravagantly, checking both production

and consumption. Lands were left uncultivated and labor was unemployed;

everything moved in a vicious circle, and the evil was constantly

growing. Trade was similarly strangled. The alcavala of 10 per cent. and

the cientos of 4 per cent. were levied on every transaction, no matter

how often an article changed hands. Manufactures, under this system, had

almost disappeared. Spaniards were forced to sell their raw products to

foreigners at low prices, for there were no other buyers, and to

purchase them back in their finished state at the sellers' prices. The

heavy tariff increased the cost to the consumer, while innumerable

smugglers enabled the importers to realize the benefit of the duties.

The foreigner, moreover, secured all the precious metals of the Indies,

for all exports thither were of foreign goods, with which Spaniards

could not compete, owing to the excessive imposts and tributes, which

doubled the price of everything to the consumer. Yet of the product of

these crushing burdens but little reached the treasury, owing to the

system of collection, smuggling, and frauds.[1050]

[Sidenote: _THE MESTA--FORESTRY LAWS_]

The disabilities thus imposed on agriculture, industry, and trade were

greatly aggravated by the absence of means of intercommunication, and it

is symptomatic of Spanish policy that the energies of the rulers were

concentrated on the suppression of heresy, foreign wars and court

festivities to the exclusion of care for internal development. It is

true that, under Charles V and Philip II, considerable effort was spent

on the water-ways; the Canal Imperial de Aragon was built along the

Ebro, as well as the smaller canals of Jarama and Manzanares, and there

were improvements in the navigation of the Tagus and Guadalquivir, but

these ceased and no attention was paid to the roads which, for the most

part were mere _caminos de herradura_, or mule-tracks. Even as late as

1795, Jovellanos tells us that there was no communication by wagon

between the contiguous provinces of Leon and Asturias, so that the wines

and wheat of Castile could not bear the expense of mule carriage to the

seaboard. In 1761 Carlos III undertook to construct highways from Madrid

to Andalusia, Valencia, Catalonia, Galicia, Old Castile, Asturias,

Murcia and Extremadura, but in 1795 none of them had reached half-way,

and no attention was paid to interprovincial wagon-roads, to enable the

miserable peasant to get from village to village, or from market to

market, save at the cost of exhausting his cattle and at the risk of

losing everything in a mudhole.[1051]

Another intolerable burden on agriculture was the _Mesta_, or

combination of owners of the immense flocks of sheep, which wintered in

the lowlands and summered in the mountains. Through privileges dating

from the fourteenth century and gradually increased, the provinces,

through which the trashumantes or migratory flocks passed, were

subjected to serious disabilities. Pasturage could not be broken up for

cultivation, its rental was fixed by an unalterable _tassa_, and a

_mesteño_ tenant could not be evicted. All enclosures were forbidden in

order that the flocks when migrating might feed without payment on the

stubble in the autumn and on the fallow land in the spring, although

this privilege was somewhat curtailed in 1788 by permitting the

enclosure of orchards, vineyards and plantations. Thus the husbandman

was deprived of control over his property and the raising of horses and

of stationary herds of cattle and sheep--vastly more important than the

_trashumantes_--was effectually discouraged within the range of the

Mesta. Equally short-sighted were the forestry laws, designed to foster

the production of lumber, which was greatly needed both for building and

shipping. The owner was obliged to get and pay for a permit before he

could fell a tree, to obey fixed rules as to pruning, to sell against

his will and at a fixed price, to admit inspections and official visits,

and to answer for the condition and number of his trees--thus opening

the door to unlimited extortion. In short, the freedom of action through

which men seek their interests, and thus contribute to the general

welfare, was destroyed by the paternalism of an absolute government,

which blindly hampered all improvement and checked all individual

initiative and ambition.[1052]

This explains the _despoblados_ and _baldíos_--the depopulated villages

and uncultivated lands--which were the despair of the statesmen who

discussed the possible regeneration of Spain. According to Zavala, in

the circumscription of Badajoz alone, the _baldíos_ amounted to over

three hundred square leagues, mostly good farm land, in which the

remains of buildings could be traced, but then grown up in copses and

thickets, affording refuge to wolves, smugglers and robbers. In

Andalusia, Jovellanos tells us that these baldíos were immense; they

were less in Extremadura, La Mancha and the two Castiles, while, in the

northern provinces, from the Pyrenees to Portugal, the population was

denser and the baldíos less frequent and of inferior quality.[1053] We

have seen the attempt made by Carlos III to reclaim these districts with

the _nuevas poblaciones_, and how the promising experiment was checked

by the Inquisition.

[Sidenote: _INDOLENCE_]

As though these blind and irrational policies were insufficient to

destroy prosperity, an equally efficient factor was devised in tampering

with the coinage. This began tentatively in 1566 by Philip II, in

diminishing the alloy of silver in the vellon or copper coinage. In

1602, Philip III, in his financial distress, was bolder and resolutely

issued a pure copper coinage with a fictitious value of seven to two,

calling forth the protest of Padre Mariana which cost him his

prosecution by the Inquisition. In 1605 the Lucchese envoy informs us

that the treasury had already reaped a profit of 25,000,000 ducats by

this fiat money, of which the marc cost 80 maravedís and had a forced

circulation of 280. This was the first of a long series of violent

measures continued throughout the seventeenth century, of alternate

expansion and contraction. Thus, in 1642 the fictitious legal-tender

value was suddenly reduced to one-sixth, followed in 1643 by raising it

fourfold, and in 1651 by increasing it still further. In 1652 an attempt

was made to demonetize the vellon, June 25th, which was abandoned

November 14th. In 1659 the _vellon grueso_ was reduced in value one-half

and, in 1660 it was trebled. Attempts were made to regulate prices by

decrees of _maxima_ and to prevent or define the inevitable premium on

gold and silver, but the unwritten laws of trade were imperative, until

at last, in 1718, the _real de plata_ was admitted to be worth twice the

_real de vellon_, a ratio which remained nearly permanent. The largest

vellon coin was the _cuartillo_, or fourth of a real, equivalent to

about three cents of American money, which became the standard of value

in Spanish trade; the coins were tied in bags of definite amount and

these passed from hand to hand, for the precious metals necessarily

disappeared, and were rarely seen except in Seville, in spite of the

most savage decrees against their exportation.[1054] It would be

impossible to exaggerate the disastrous influence on industry and

commerce of these perpetual fluctuations of the circulating medium. The

relations between debtor and creditor, between producer and consumer,

were ever at the mercy of some new decree that might upset all

calculations. All transactions, from the purchase of a day's supply of

bread to a contract for a cargo of merchandise were mere gambling

speculations.

* * * * *

These causes of decadence were accentuated by an aversion and contempt

for labor, which was recognized as a Spanish characteristic,

attributable perhaps to the long war of the Reconquest and the endless

civil broils which rendered arms the only fitting career for a Spaniard,

and accustomed him to see all useful work performed by those whom he

regarded as belonging to inferior races--Jews and Mudéjares. Their

expulsion was destructive to all industrial pursuits, but the Old

Christian still looked down on the descendants of the Conversos who were

to a large extent debarred, by the statutes of Limpieza, from the

Spanish resource of living without labor by entering the Church or

holding office. The evil effects of this were intensified by

constitutional indolence. The Spanish Conquistadores gave memorable

examples of indefatigable energy and hardihood, sparing no toil when

their imaginations were inflamed with the lust of conquest or the hopes

of gold, but they would not work as colonists. One of them, Bernardo de

Vargas Machuca, who for thirty years was Governor of Margarita, defends

the enslavement of the Indians by candidly saying that Spaniards would

not settle on unoccupied land, no matter how healthy or how rich in gold

and silver, but would go where there were Indians, even if the land were

sterile and unhealthy for, if they had not Indians to work for them,

they could not enjoy its products, and its possession would be no

benefit.[1055] Nor were the Spaniards of whom he speaks gentlemen

adventurers, but were mostly drawn from the humbler classes. It was the

same at home. Already, in 1512, Guicciardini, who spent two years in

Spain as envoy from Florence, describes Spain as a land rich in natural

resources, but sparsely populated and largely undeveloped. The people,

he says, are warlike and skilled in arms, but they look upon industry

and trade with disdain; artisans and husbandmen will work only under

pressure of necessity and then rest in idleness until their earnings are

spent.[1056] The Córtes of Valladolid, in 1548, complain that

agricultural laborers and mechanics would not come to work before 10 or

11 o'clock, and would break off an hour or two before sunset. A century

later, Dormer, the historiographer of Aragon, reproves the indolence of

the people, except in Catalonia, for they would not work as was

customary in other lands, but only a few hours a day, with perhaps

frequent intermissions, and they expected this to provide for them as

fully as the incessant labor of other lands.[1057]

[Sidenote: _EDUCATED IDLENESS_]

Spanish indolence was a frequent theme with the Venetian envoys who

describe Spain as abounding in resources, and able to supply all its

needs, but dependent upon foreign nations in consequence of the rooted

dislike for labor. As Gianfrancesco Morosini writes, in 1581, the people

have little aptitude for any of the mechanic arts, and are most

negligent in agriculture, while in manual labor they are so slow and

lazy that what anywhere else would be done in a month, here takes

four.[1058] The Lucchese envoys, in the next century, tell the same

story. There are few Spaniards, they say, except office-holders, who

will work; the greater part of the workmen are foreigners, who have made

a new Spain, to the great detriment of the old kingdoms. This explains

why Spain is only a port through which the precious metals pass; the

Spaniards consume only foreign merchandise imported by foreign

merchants; among the contractors there is not a single Castilian, and

there are more pieces of eight in China than in Spain.[1059] So, in

1687, Luis de Salazar y Castro attributes the decline of the monarchy to

its substance flowing out through every pore, and the ultimate cause of

this is the lack of energy. "I say it is our indolence, ignorance and

want of application ... we attribute to deficient population what is

laziness and sloth. Could our torpidity go further than our requiring

Frenchmen to makes tiles, to grind knives, to carry water and to knead

bread?"[1060] A moralist of the period is excessively severe upon this

indolence coupled with reckless extravagance, which he compares with the

tireless industry and thrift of the Frenchman.[1061] To this he

attributes the poverty of Spain, as we have seen (Vol. III, p. 390) had

been done, in 1594, by Francisco de Idiaquez, the secretary of Philip

II.

One development of this indisposition to labor is touched upon by the

consulta of the Royal Council in 1619, when it alludes to the

multiplication of grammar-schools, to which the peasants send their

children for a smattering of education, and thus withdraw them from

productive industry.[1062] The Córtes of the same year asked for

restrictions on this and Navarrete, in his commentary on the consulta,

dwells at some length on the evils thence arising, for the sons of

peasants flock thither, to gain the exemptions of the learned classes;

an infinite number of them fail to reach the priesthood, becoming

beggars and vagrants and criminals, while many of those who enter orders

are forced to dishonorable practices, the public suffering in

consequence from the lack of laborers and artisans.[1063] Protests were

in vain and, in 1753, Gregorio Mayans y Siscar still called attention to

the crowds of half-educated students who sponged on the

community--drones who sucked the honey while they might be of service in

driving a plough or handling a musket--a complaint echoed with still

greater vigor by Jovellanos in 1795.[1064]

To this tendency may be attributed the frenzied rush for office, to

which the suggestive name of _empleomanía_ has been given, burdening the

State with a vast superfluity of employees and depriving it of their

services in useful production. In 1674 the Lucchese envoy wonders at

the revenues, estimated at seventy-five millions, without apparent

result, which he ascribes partly to the waste in collecting, the

collectors employed numbering two hundred thousand--a manifest

exaggeration, but yet suggestive.[1065] About 1740, Macanaz ranks this

as the first in his enumeration of the causes of Spain's condition;

there are, he says, a thousand employees where forty would suffice, if

they were kept at work, and the rest could be set at some useful

labor.[1066] The evil still continues, if we may believe modern writers

who regard it as one of the serious impediments to prosperity.[1067]

* * * * *

[Sidenote: _IMPROVEMENT_]

From the depth of poverty, disorder and humiliation to which Spain had

fallen, the process of recuperation under the Bourbons was slow and at

first vacillating. Something was accomplished by Philip V, in spite of

his continual wars and his melancholy madness, when he had rid himself

of such adventurers as Alberoni and Ripperda and gave scope to the

practical genius of Patiño.[1068] The upward impulse continued under

Fernando VII, while, under Carlos III and his enlightened ministers the

progress was rapid. A memorial addressed by Floridablanca to the king,

towards the close of his reign, enumerates the reforms and works of

utility undertaken during his ministry. There were canals, both for

navigation and irrigation, the drainage of marsh lands, the

establishment of the nuevas _poblaciones_, the improvement of roads. The

trade to the colonies was thrown open to all the ports instead of being

restricted to Seville, with the result that the exports quickly trebled

and the customs revenue doubled. The Banco Nacional was founded and the

public credit, which had fallen very low, was speedily restored.

Insurance companies were established and other trading associations,

which gave life to industry and commerce. The tariff on imports was

rendered uniform at all the ports, and its schedules were arranged so as

to foster internal development, being light on machinery and raw

materials and heavy on articles produced in Spain, not only stimulating

industry to the great prosperity of the land, but increasing the

customs revenue to a hundred and thirty millions when it had previously

never exceeded thirty millions in the most prosperous years. The

complicated and burdensome Rentas _Provinciales_ were regulated so as to

fall equally on the various provinces and to be easily borne; the

_Millones_ were reduced one-half; the formalities of the alcavala were

simplified and its percentage greatly reduced, so as to bear lightly on

industry, and with the expectation of its abrogation. The numbers of the

exempts were diminished. All the mechanic arts were "habilitated," so

that nobles engaging in them should not forfeit their nobility, thus

taking away the excuse for idleness and vice of those who called

themselves noble and refused to work, however poor they might be.

Through this policy during the reign of Carlos III, the population of

Peninsular Spain increased by a million and a half and, under his

guidance it emerged from the Middle Ages and began to take position with

modern nations.[1069]

Much as had thus been accomplished, much remained to do, as set forth,

in 1795, by Jovellanos in his celebrated "Informe." Unfortunately

progress was arrested by the indolent Carlos IV and his favorite Godoy.

Then came the Napoleonic wars, and the course of events, as traced in

the preceding chapter, was not conducive to improvement. Yet, in all the

vicissitudes which Spain has endured since then, if we may trust the

growth of population as an index of advancement, the substitution of

liberal institutions for absolutism has proved a success and, however

real may be the abuses of which the reforming element complains, the

present situation is vastly better than the past. The census of 1768

showed a total of 9,309,804; that of 1787, 10,409,879; that of 1799,

something over 12,000,000. Then there was a falling off and, in 1822, it

was 11,661,980. Yet, in spite of Carlist wars and political troubles, in

1885, it had risen to 17,228,776, and it is now reckoned at 19,000,000

or about double that of the period of Spanish greatness. The fair

inference from this is that Spain has a future; that, while much remains

to do, much has been accomplished, and that there is progress which, if

continued, will restore in great measure her ancient strength, although

the enormous growth of modern nations precludes the expectation that she

can resume her commanding position.

In addition to these secular causes of Spanish decadence, there remains

to be considered another class of no less importance--those arising from

clericalism, or the relations of the Church to the State, and its

influence on the popular character and tendencies.

The accumulation of lands and wealth by the Church, and especially by

the religious Orders, was, from an early time, a source of concern to

statesmen and of complaint by the people, for the exemption from the

royal jurisdiction, from military service and from taxation, claimed as

imprescriptible rights by the Church, weakened the power of the State

and threw increased burdens upon the population. Almost all the European

nations endeavored to curb this acquisitiveness by laws of which the

English Statutes of Mortmain and the French _droits d'amortissement_ may

be taken as examples. These acquisitions came from two sources, each

abundantly productive--gifts or bequests and purchase. The sinner,

unable to redeem in money the canonical penance for his sins impossible

to perform, would make over a piece of land and obtain absolution or, if

on his death-bed, would bequeath a portion of his estate to be expended

in masses for his soul--perhaps founding a _capellanía_ for that

purpose, or as provision for a son who would serve as chaplain. So

audacious became the demands of the Church on the estates of the dying

that, in 1348, the Córtes of Alcalá complained that all the Orders

obtained from the royal chancery letters empowering them to examine all

testaments, whereupon they claimed all bequests made to uncertain places

or persons; also, if there was not a bequest for each Order, those

omitted demanded one equal to the largest in the will and they further

claimed the whole estates of those who died intestate. If these demands

were contested, they wearied the heirs with litigation into a

compromise. Alfonso promised to revoke all such letters but the Black

Death, which speedily followed, brought an immense accretion of lands

for the foundation of anniversaries and chaplaincies, which led to

lively reclamations by the Córtes of Valladolid, in 1351.[1070]

[Sidenote: _THE BURDEN OF THE CHURCH_]

With wealth thus constantly accumulating, the church or monastery would

purchase lands from the laity, and as these became exempt from taxation

it could afford to pay more than a secular purchaser. Whatever thus

passed into ecclesiastical possession was never alienated; it remained

in the grip of the Dead Hand which, by constant accretions, came to

hold a large portion of the most desirable lands and thus of the wealth

of the kingdom.

It would be tedious to recapitulate the complaints of the Córtes and the

devices attempted by legislation from the eleventh century onward to

check this growth, which was regarded as threatening the most serious

evils to the nation.[1071] Laws were adopted only to be evaded or

forgotten, and the process went on. A new element, however, was injected

into the struggle when, in 1438, the Córtes of Madrigal made a vigorous

representation to Juan II that, if no remedy were applied, all the best

lands in the kingdom would belong to the Church, resulting in manifold

injury to the people and the crown, to which the feeble king evasively

replied that he would apply to the pope.[1072] Hitherto Spanish

independence of the papacy had regarded all such questions as subject to

national regulation, but this utterance indicated that papal

confirmation was beginning to be recognized as necessary in everything

that affected the Church. This was not at once admitted, for Juan, in

1447, in response to the Córtes of Valladolid, and by a decree of 1452,

imposed a tax of twenty per cent, on all purchases, bequests and

donations,[1073] but it gradually established itself and furnished a

ready answer to the vigorous representations which, with growing

insistence, the Córtes of the sixteenth century made in 1515, 1518,

1523, 1528, 1532, 1534, 1537, 1538, 1542, 1544, 1551 and 1573.[1074]

This put all remedy out of the question, for no pope could be expected

to set limits to ecclesiastical wealth and influence, from which the

curia derived its revenues; and the petitions of the Córtes served only

to emphasize the magnitude of the evil and its universal recognition by

the people.

It was not only the progressive absorption of wealth and land that was

detrimental but the corresponding increase in the numbers of the clergy,

regular and secular, who were released from all the duties of the

citizen, and whose vows of celibacy aided in accelerating the diminution

of the population. The process continued with added vigor, especially

after the commencement of the seventeenth century, owing partly to a

wave of religious fervor which led to the founding of chapels and

convents on a greater scale than ever, and partly to the growing

destitution forcing men to seek conventual refuge, where they might at

least escape starvation, and inducing parents to give their sons such

smattering of education as might enable them to take orders and have at

least a chance to secure a livelihood free from the crushing burdens of

taxation. The result of this is seen in Fray Bleda's boast, in 1618,

that one-fourth of the Christians of Spain were priests, frailes or

nuns, and, even though this is obviously an over-estimate, it indicates

how great was the task imposed on the producing classes to support in

idleness so large a portion of the population.[1075] The increase was

largely in the Mendicant Orders, whose systematic begging, that no one

dared refuse, was a grievous addition to the tithes and first fruits.

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