Thenceforth he led a life of wandering exile, so peculiar that it is

explicable only by the character of Philip. He was in constant

correspondence with high state officials and was frequently entrusted

with important negotiations. Sometimes he was under salary, but it was

irregularly paid and for the most part he had to struggle with poverty.

When the Infanta María Ana Vitoria was sent back to Spain from France,

in 1725, he was commissioned to attend her to the border and from there

he went as plenipotentiary to the Congress of Cambray, with the

comforting assurance that the king was endeavoring to put an end to the

affair of the Inquisition--an effort apparently frustrated by the

influence of Père Daubenton.[791] It was possibly with a view to

overcome this fatal enmity that he occupied his leisure, between 1734

and 1736, in composing a defence of the Inquisition from the attacks of

Dr. Dellon and the Abbé Du Bos. In this he had nothing but praise for

its kindliness towards its prisoners, its scrupulous care to avoid

injustice, the rectitude of its procedure and the benignity of its

punishments. Beyond these assertions, the defence reduces itself to

showing that, from the time when the Church acquired the power to

persecute, it has persecuted heretics to the death and that the heretics

in their turn have been persecutors--propositions readily proved from

his wide and various stores of learning and sufficient to satisfy a

believer in the _semper et ubique et ab omnibus_.[792] Ten years later,

when Fernando VI ascended the throne in 1746, Macanaz addressed him a

memorial on the measures requisite to relieve the misery of Spain and in

this he superfluously urged the maintenance of the Inquisition in all

its lustre and authority.[793] In spite of all this it was unrelenting

and his entreaties to be allowed to return were fruitless.

In 1747 he was sent to the Congress of Breda where he mismanaged the

negotiations, deceived, it is said, by Lord Sandwich. Relieved and

ordered, in 1748, to present himself to the Viceroy of Navarre at

Pampeluna, after some delay he was carried to Coruña and immured

_incomunicado_ in a casemate of the castle of San Antonio, a prison

known as a place of rigorous confinement. Even the authorities there

compassionated him and, at their intercession, he was removed to an

easier prison and permitted the use of books and writing materials.

Here, during a further captivity of twelve years, the indomitable old

man occupied himself with voluminous commentaries on the _Teatro

crítico_ of Padre Feyjoo and the _España sagrada_ of Florez, with many

other writings and memorials to the king. It was not until the death of

the latter, in 1760, that Elisabeth of Parma, the regent and the cause

of his misfortunes, liberated him with orders to proceed directly to

Murcia. At Leganes he was greeted by his wife and daughter, with whom he

went to Hellin, his birth-place, where he died on the following November

2d, in his ninety-first year.[794]

[Sidenote: _THE INQUISITOR-GENERALSHIP_]

There is no record of any further exercise of royal control over

inquisitors-general until, in 1761, Clement XIII saw fit to condemn the

Catechism of Mesengui for its alleged Jansenism in denying the authority

of popes over kings. The debate over it in Rome had attracted the

attention of all Europe and the prohibition of the book was regarded as

a general challenge to monarchs. Carlos III had watched the discussion

with much interest, especially as the work was used in the instruction

of his son. He expressed his intention of not permitting the publication

of the prohibition but, by a juggle between the nuncio and the

inquisitor-general, Manuel Quintano Bonifaz, an edict of condemnation

was hastily drawn up of which copies were given to the royal confessor

on the night of August 7th. They did not reach the king at San Ildefonso

until the morning of the 8th, who at once despatched a messenger to

Bonifaz ordering him to suspend the edict and recall any copies that

might have been sent out. Bonifaz replied that copies had already been

delivered to all the churches in Madrid and forwarded to nearly all the

tribunals; to suppress it would cause great scandal, injurious to the

Holy Office, wherefore he deeply deplored that he could not have the

pleasure of obeying the royal mandate. Carlos was incensed but contented

himself with ordering Bonifaz to absent himself from the court; he

obeyed and, in about three weeks, made an humble apology, protesting

that he would forfeit his life rather than fail in the respect due to

the king. Carlos then permitted him to return and resume his functions

and, when the Suprema expressed its gratitude, he significantly warned

it to remember the lesson.[795] He took warning himself and, on January

18, 1762, he issued a pragmática systematizing the examination of all

papal letters before issuing the royal exequatur which permitted their

publication.[796]

Carlos III had no further occasion to exercise his prerogatives but it

was otherwise with Carlos IV. His first appointee, Manuel Abad y la

Sierra, Bishop of Astorga, who assumed office May 11, 1793, had but a

short term, for he was requested to resign in the following year. His

successor, Francisco Antonio de Lorenzana, Archbishop of Toledo, who

accepted the post September 12, 1794, was not much more fortunate,

although his enforced resignation, in 1797, was decently concealed under

a mission to convey to Pius VI the offer of a refuge in Majorca. He was

followed by Ramon José de Arce y Reynoso, Archbishop of Saragossa, who

resigned March 22, 1808, four days after the abdication of Carlos IV in

the "tumult of lackeys" at Aranjuez, probably to escape his share of the

popular odium directed against the favorite Godoy.[797] During the

short-lived revival of the Inquisition under the Restoration, its

dependence on the royal power was too great for differences to arise

that would provoke assertions of the prerogative.

* * * * *

[Sidenote: _THE SUPREMA_]

The relations of the crown with the Suprema were originally the same as

with the other royal councils. The king appointed and removed at will

although, as the members came to exercise judicial functions, it was

necessary for the inquisitor-general to delegate to them the papal

faculties which alone conferred on them jurisdiction over heresy.

Ferdinand exercised the power of appointment and removal and, as his

orders were requisite for the receivers of confiscations to pay their

salaries, it is scarce likely that anyone had the hardihood to raise a

question.[798] We have seen how he forced the members to accept as a

colleague Aguirre though he was a layman, how Ximenes when governor of

Castile removed him and Adrian reinstated him. The earliest formula of

commission that I have met is of the date of 1546; it bears that it is

granted by the inquisitor-general, who constitutes the appointee a

member and invests him with the necessary faculties, and it is moreover

countersigned by the other members.[799] In this there is no allusion to

any nomination by the king, although the appointment lay in his hands.

In 1573 the Venitian envoy Leonardo Donato so states, adding that the

popes felt very bitterly the fact that they had no participation in it;

they had repeatedly tried to secure the membership of some one dependent

upon them, such as the nuncio, but Philip would not permit it; the

council did nothing without his consent, tacit or expressed.[800] At

some period, not definitely ascertainable, the custom arose of the

inquisitor-general presenting three names from among which the king made

selection. At first the number of members was uncertain, but it came to

be fixed at five, in addition to the inquisitor-general. To these Philip

II added two from the Council of Castile; as these were sometimes

laymen, he finally had scruples of conscience and, in his instructions

to Manrique de Lara, in 1595, he tells him that when there are fitting

ecclesiastics in the Council of Castile they are to be proposed to him

for selection; if there are not, it is to be considered whether a papal

brief should be procured to enable them to act in matters of faith.[801]

These adventitious members came to be known as _consejeros de la tarde_,

as they attended only twice a week and in the afternoon sessions of the

body, where its secular business was disposed of, and thus they took no

share in matters of faith. Their salary was one-third that of the

others.

The royal authority was emphatically asserted when, in 1614, Philip III

ordered that a supernumerary place should be made for his confessor Fray

Aliaga, with precedence over his colleagues and a salary of fifteen

hundred ducats; also that when the royal confessor was a Dominican he

should always have this place and, when he was not, that it should be

given to a Dominican. The Suprema accepted Aliaga but demurred to the

rest, when Lerma peremptorily ordered it to be entered on the records;

there were murmurings followed by submission. After the accession of

Philip IV, he ordered the Council to make out a commission for his

confessor, the Dominican Sotomayor, to which there was ineffectual

opposition.[802] The rule held good. Soon after the Inquisition was

reorganized under the Restoration, Fernando VII, July 10, 1815,

appointed his confessor, Cristóbal de Bencomo, a member to serve without

salary for the time but with the reversion of the first vacancy and all

the honors due to his predecessors; he had the seat next to the dean and

when the latter died, February 16, 1816, he took his position and

salary.[803] Philip V ordered that a seat should always be occupied by a

Jesuit; this of course lapsed with the expulsion of the Jesuits in 1767,

after which Carlos III, in 1778, provided that the Religious Orders

should have a representative by turns.[804]

[Sidenote: _THE SUPREMA_]

The royal power of appointment was not uncontested and gave rise to

frequent debates. Philip IV sometimes yielded and sometimes persisted;

occasionally the question was complicated and papal intervention was

hinted at.[805] A decisive struggle came in 1640, in which the Suprema

chose its ground discreetly. It suited Olivares to appoint Antonio de

Aragon, a youthful cleric and the second son of the Duke of Cardona.

Anticipating resistance, Philip announced the nomination imperiously;

Don Antonio must be admitted the next day as he was about to start for

Barcelona and any representations against it could be made subsequently.

The Suprema replied that the inquisitor-general could not make the

appointment and if he did so it would be invalid; Don Antonio was less

than thirty years old; the canons require an inquisitor to be forty,

although Paul III had reduced for Spain, the age to thirty; members of

the Suprema were inquisitors and it was only as such that they sat in

judgement without appeal in cases of faith. To this Philip rejoined that

Olivares would report the efforts he had made to quiet his conscience in

view of the great public good to result from the appointment, wherefore

he expected that possession would be given to Don Antonio without delay.

Matters went so far that the Duchess of Cardona wrote to her son to

abandon the effort but the royal command prevailed; he obtained the

position and in the following year he was made a member of the Council

of State; he was already a member of the Council of Military Orders and

the whole affair gives us a glimpse of how Olivares governed Spain.[806]

Having thus asserted his prerogative, Philip, in 1642 and the early

months of 1643, made four appointments without consultation. The

remonstrances of the Suprema must have been energetic for Philip yielded

and, in a decree of June 26 (or July 2), 1643, he agreed that the old

custom of submitting three names should be renewed, with the innovation

that the Suprema should unite in making the recommendations. Against

this the inquisitor-general protested, but in vain. It was probably to

make an offset to these royal nominees that, November 10, 1643, the

inquisitor-general and Suprema asked that their fiscal should have a

vote, which Philip refused.[807] The rule continued of submitting three

names for selection, but the participation of the Suprema in this seems

to have been dropped. The royal control, moreover asserted itself in the

case of Froilan Díaz when, by decree of November 3, 1704, Philip V

reinstated three members, Antonio Zambrana, Juan Bautista Arzeamendi and

Juan Miguélez, who had been arbitrarily ejected and jubilado by

Inquisitor-general Mendoza, ordering moreover that they should receive

all arrears of salary.[808]

* * * * *

While thus the crown continued to exercise the right of selecting the

heads of the Inquisition, its practical control was greatly weakened by

one or two changes which established themselves. Of these perhaps the

most important was the claim of the Suprema to interpose itself between

the king and the tribunals, so that no royal commands to them should be

obeyed unless they should pass through it, thus rendering the

inquisitors subject to itself alone and not to the sovereign. In a

government theoretically absolute this was substituting bureaucracy for

autocracy and, when the example was followed, though at a considerable

distance, by some of the other royal councils, it at times produced

deadlocks which threatened to paralyze all governmental action.

We have seen that, towards the end of Ferdinand's reign, his letters to

the tribunals were sometimes countersigned by members of the Suprema,

but that this was not essential to their validity and, when there was an

attempt to establish such a claim, he was prompt to vindicate his

authority. A royal cédula of October 25, 1512, gave certain instructions

as to the manumission of baptized children of slaves whose owners had

suffered confiscation. There was no question of faith involved, but

when, in 1514, Pedro de Trigueros applied to the inquisitors of Seville

to be set free under it, they refused on the ground that it had not been

signed by the Suprema. He appealed to Ferdinand who promptly ordered the

inquisitors to obey it; if they find Pedro's story to be true they are

to give him a certificate of freedom and meanwhile are to protect him

from his master, who was seeking to send him to the Canaries for

sale.[809] The claim which Ferdinand thus peremptorily rejected was

persistently maintained during the period of confusion which followed

his death. Whether it received positive assent from Charles is more than

doubtful, although the Suprema so asserts in a letter of July 27 1528,

ordering inquisitors to examine whether a certain royal cédula had been

signed by its members, for the kings had ordered that none should be

executed in matters connected with the Inquisition unless thus

authenticated--thus basing the claim on the royal will and not on any

inherent right of the Holy Office.[810] So complete was the autonomy

thus established for the organization that a _carta acordada_ or

circular of instructions May 12, 1562, tells the tribunals that, if an

inquiry from the king comes to them through any other council, they are

to reply that if the king desires the information it will be furnished

to him through the inquisitor-general or the Suprema.[811]

[Sidenote: _THE SUPREMA_]

The far-reaching importance of this principle can scarce be exaggerated.

One of its results will be seen when we come to consider the complaints

and demands of the Córtes and find that _fueros_ directed against

inquisitorial aggressions, in purely civil matters, when agreed to by

the king were invalid without confirmation by the inquisitor-general. A

single instance here will suffice to show the working of this. In 1599

various demands of the Córtes of Barcelona were conceded by Philip III.

One regulated the number of familiars, which Philip promised that he

would induce the inquisitor-general to put into effect, within two

months if possible. Another provided that all officials, save

inquisitors, should be Catalans; he agreed to charge the

inquisitor-general and Suprema to observe this and he would get it

confirmed by the pope. Another was that, in the secular business of the

tribunal, the opinion of the Catalan assessor should govern, because he

would be familiar with the local law; this he accepted and promised, in

so far as it concerned the inquisitor-general and Suprema, to charge

them to give such orders to the tribunal. Another was that commissioners

and familiars should not be "religious," to which his reply was the

same. Another required the inquisitor-general to appoint a resident of

Barcelona to hear appeals in civil cases below five hundred libras;

this he said was just and he would charge the inquisitor-general to do

so. After this, in fulfilment of his plighted word, he addressed the

inquisitor-general in terms almost supplicatory "I charge you greatly

that for your part you condescend and facilitate that what they have

supplicated may be put in execution, in conformity with what I have

conceded and decreed in each of these articles, which will give me

particular contentment." Not the slightest attention was paid to this

request and, on May 6, 1603, Philip repeated it "As until now it is

understood that not a single thing contained in it has been put in

execution and, as I desire that it be enforced, I ask and charge you to

condescend to it and help and facilitate it with the earnestness that I

confidently look for."[812] This second appeal was as fruitless as the

first and the Catalans gained nothing. It is true that, in 1632, the

Barcelona tribunal, in a memorial to Philip IV, asserted that Philip III

had only assented to these articles to get rid of the Catalans and that

he wrote privately to the pope asking him not to confirm them.[813]

This case may have been mere jugglery and collusion, but in general it

by no means followed that royal decrees sent to the Suprema for

transmission were forwarded. If it objected, it would respond by a

consulta arguing their impropriety or illegality, and this would, if

necessary, be repeated three or four times at long intervals until,

perhaps, the matter was forgotten or dropped or some compromise was

reached. The privilege that all instructions must be transmitted through

the Suprema was therefore one of no little importance and it was

insisted upon tenaciously. There was a convenient phrase invented which

we shall often meet--_obedecer y no cumplir_--to obey but not to

execute, which was very serviceable on these occasions. In 1610 the

Suprema argued away a cédula of Philip III as invalid because it had

been despatched through the Council of State and the king was repeatedly

told to his face that the laws required his cédulas to be countersigned

by the Suprema in order to secure their execution. This was done to

Philip IV, in 1634, when he intervened in a quarrel and, in 1681 to

Carlos II when there were difficulties threatened with foreign nations

arising from abuses committed in examining importations in search of

forbidden books.[814] As the questions calling for royal interposition

as a rule affected only the wide secular and not the spiritual

jurisdiction of the Inquisition, this created conditions unendurable in

any well-organized government.

* * * * *

Another change which conduced greatly to the independence of the

Inquisition was the control which it acquired over its finances. We have

seen that, under Ferdinand, the confiscations and pecuniary penances

belonged to the crown and that the salaries and expenses were paid by

his orders. The finances of the Inquisition will be discussed hereafter

and meanwhile it suffices to say that, after his death and the exuberant

liberality of Charles to his Flemish favorites during his first

residence in Spain, the diminishing receipts from these sources caused

them to be virtually assigned to defraying the expenses of the

Inquisition and they were no longer regarded as a source of supply to

the royal treasury. Still, the money belonged to the crown and the

Inquisition enjoyed it only under the authority and by virtue of the

bounty of the sovereign.

[Sidenote: _FINANCIAL INDEPENDENCE_]

The growth of control over income and of virtual financial independence

was gradual and irregular. Even Ferdinand, in his watchful care over his

receivers of confiscations, felt the need of some central auditor and it

seemed natural that he should be an official of the Suprema. Accordingly

as early as 1509 we find a "contador general" in that position. In 1517

there are two officers, a contador and a receiver-general and, in 1520,

the two are merged into one.[815] When, in 1513, Bishop Mercader was

made inquisitor-general of Aragon he desired a statement from all

receivers of their receipts and payments and of the property remaining

in their hands and Ferdinand ordered them to comply, alluding to it as

usual on the entrance of a new inquisitor-general.[816] This inevitably

ripened into the transfer to that official of the control over receivers

which Ferdinand had exercised, so that in place of being royal officials

they became virtually officers of the Inquisition and eventually were

designated as treasurers. By 1544 we find the Suprema to be the final

court of revision of all the receivers of the local tribunals, whose

accounts were rendered to it and audited by it.[817]

Still, in theory the money belonged to the crown and its disbursement

could only be made under royal authority. The order for the payment of

the _ayuda de costa_ of the Suprema, July 21, 1517, was drawn in the

name of _la reyna y el rey_--Juana and Charles.[818] After Charles

reached Spain, in September of that year he made grants from the

confiscations with a profusion that threatened to bankrupt the

Inquisition, and if we find Adrian and the Suprema also occasionally

issuing orders for payments it was undoubtedly under powers granted by

Charles.[819] When Charles left Spain, May 20, 1520, he gave Adrian a

general faculty for this purpose, but it seems to have been called in

question, for he found it necessary to send from Brussels, September

12th, a cédula to all receivers confirming it and stating that Adrian's

orders, signed by members of the Suprema, would be received as vouchers

by the auditor-general. Under this the Suprema exercised full authority

over the funds collected by all the receivers and disposed of them at

its pleasure. When Charles returned he presumably resumed control and,

after his marriage with Isabel of Portugal, during his frequent

absences, he left the power in her hands until her death May 1,

1539.[820] When he saw fit, moreover, he claimed and received a share of

the spoils. A letter of Cardinal Manrique, June 17, 1537, shows that a

portion of the proceeds of a certain auto de fe had been paid to him and

another of October 11th, of the same year, addressed to him at the

Córtes of Monzon, reinforces an appeal not to sacrifice the interests of

the Inquisition to the Aragonese demands, with the welcome news that the

receiver of Cuenca had arrived with the ten thousand ducats for which he

had asked from the confiscations of that tribunal.[821]

Charles's hasty departure in November, 1539, to quell the insurrection

of Ghent left matters in some confusion. The Suprema, on March 20, 1540,

wrote to Chancellor Granvelle that cédulas for the salaries, under the

crown of Aragon, were always signed by the emperor and that the

inquisitor-general could not do it; they had sent him a power for

execution similar to that given to Cardinal Adrian but he had refused to

sign it, saying that they could do as under Cardinal Manrique,

forgetting that there had been the empress who always signed the

cédulas, wherefore they ask him to get the emperor to sign the power. He

doubtless did so, for an order, June 12th, on the receiver of Valencia

to send fifteen hundred ducats for the salaries of the Suprema purports

to be by virtue of a special power granted by their majesties. On

Charles's return he again assumed control and when he went to Italy, in

1543, he left Philip as regent, while during the absence of Philip there

were successive regents who signed cédulas as called for by the

Suprema.[822]

Yet, in spite of these formalities, the control of the crown was

becoming scarcely more than nominal. It is true that, in 1537, Cardinal

Manrique declared that he could not increase salaries without the royal

assent but, when the crown undertook any exercise of power, the little

respect paid to its commands is seen in the fate of an application made

in 1544, by Juan Tomás de Prado, notary of the tribunal of Saragossa, to

Prince Philip for an _ayuda de costa_ of three hundred ducats. Philip

ordered his prayer to be granted, but the death of Inquisitor-general

Tavera served as a convenient pretext for disregarding the command. It

was repeated, for the same amount, January 11, 1548, and finally, on

June 4th, Inquisitor-general Valdés authorized the payment of a hundred

ducats.[823]

[Sidenote: _FINANCIAL INDEPENDENCE_]

To perfect the absolute control of the confiscations, thus gradually

assumed, it was necessary to keep the crown in ignorance of their

amount. Its right to them was incontestable, and the Inquisition

deliberately abused the confidence reposed in it when their collection

was left in its hands. The less the king was allowed to know, the less

likely he was to claim his share and the policy was adopted of deceiving

him. As early as 1560 we have evidence of this in a letter to the

inquisitors of Sicily instructing them, when reporting autos de fe to

the king, to suppress all statements as to the confiscations, but to

report them to the Suprema so that it may determine how far to inform

him. This was doubtless a general mandate to all the tribunals; it was

repeated in instructions of 1561 and we shall see that it became a

settled practice.[824] This systematic concealment was the more

indefensible from the fact that the Inquisition was now obtaining funds

from other sources than confiscations. We shall see hereafter how it

utilized the scare caused by the discovery of Protestantism in

Valladolid and Seville in 1558, with the plea of additional expenses

thus caused, to obtain from Paul IV a levy of a hundred thousand gold

ducats on the revenues of the clergy and the more permanent endowment of

a canonry to be suppressed for its benefit in every cathedral and

collegiate church. A large portion of the inquisitors, moreover already

held canonries and other benefices for which, under a brief of Innocent

VIII, February 11, 1485, they were dispensed for non-residence.[825] The

burden of the Holy Office was thus thrown largely on the ecclesiastical

establishment, which remonstrated and resisted but was compelled to

submit. It could thus look with equanimity on the shrinkage of the

confiscations. In Valencia, an agreement was reached, in 1571, by which

the Moriscos compounded for them with an annual payment to the tribunal

of twenty-five hundred ducats.[826] The Judaizing heretics had been

largely eliminated, especially the more wealthy ones, and it was not

until some years after the conquest of Portugal, in 1580, that the

influx of Portuguese New Christians brought a new and profitable

harvest.

All this tended to the financial independence of the Inquisition

although the crown by no means abandoned its claim on the confiscations.

A book of receipts given by the royal representative in Valencia for the

proceeds of the confiscations in 1593 shows that, under the financial

pressure of the time, Philip II was reasserting his rights.[827] The

treasury was empty when Philip III succeeded to the throne in 1598 and,

among his expedients to raise money, he ordered the receivers of the

tribunals to send to him all the funds in their hands, promising speedy

repayment. The Suprema had no faith in the royal word and instructed

the tribunals to retain enough to meet their own wants. The obedience of

the tribunals was by no means prompt and the Suprema was obliged to

order Valencia to comply with the royal demand and to furnish an oath

that no money was left.[828]

In the earlier years of Philip IV the tendency of the Inquisition to

emancipate itself from royal control grew rapidly. We shall see

hereafter that when, in 1629, the king called for a statement of

salaries and perquisites the Suprema equivocated and suppressed nearly

all the information required. Still more significant was its attitude

respecting the colonial tribunals, which the king supported under an

annual expenditure of thirty thousand pesos, with the understanding that

this should cease when the confiscations should become sufficient.

These, which had been small at first, rapidly increased in the

seventeenth century and were enormous between 1630 and 1650, when the

whole trading communities of Peru and Mexico were shattered, enabling

the tribunals to make permanent investments that rendered them wealthy,

besides sending heavy remittances to the Suprema, which moreover seized

the goods and credits in Seville of the colonial Judaizers. In addition

to this, in 1627, a prebend in each cathedral was suppressed for the

benefit of the tribunals. Yet the salaries were still demanded of the

royal treasury and the repeated efforts of Philip III and Philip IV,

from 1610 to 1650, to obtain statements of the receipts from

confiscations and pecuniary penances were completely baffled. That was

an inviolable secret which no royal official was allowed to penetrate.

It is true that the colonial tribunals, on their side, adopted the same

policy in concealing, as far as they could, from the Suprema the extent

of their own gains.[829]

[Sidenote: _DEMANDS OF THE CROWN_]

Yet, in the ever-increasing distress of the crown, demands were made

upon the Inquisition, as on all other departments of government, demands

which it was forced to meet. Thus, for the ten years, 1632 to 1641

inclusive, an annual sum of 2,007,360 mrs. was required of it, to aid in

defraying the cost of garrisons and fleet, and a statement of October

11, 1642, shows that it had paid the aggregate of 11,583,110 in vellon

and 18,700 in silver, leaving a balance still due of 8,474,790.[830]

Evidently there was good reason for concealing its revenues. In the

frightful confusion of the finances which followed the revolution of

Portugal and the revolt of Catalonia, in 1640, while Spain was

heroically battling for existence against France and its rebellious

subjects, the demands were varied and incessant--sometimes for sums so

small as to reveal the absolute penury of the State--and Philip's

impatient urgency, as he chafed under the dilatoriness of the responses,

shows the desperate emergencies in which he was involved. In 1643 a

royal decree of February 16th ordered all officials to send their silver

plate to the mint, a watch being kept and a report made so as to see

that each sent a quantity proportioned to his station. To a complaint of

delay in performance the Suprema replied that those who had sent in

their silver could get no satisfaction from the mint--the delays were

such that the promptitude required by the king was impossible.[831]

Even more arbitrary was the seizure, in 1644 at Seville, of a remittance

of 8676 ducats in silver, a remittance from the colonial tribunals to

the Suprema. In protesting against this the Suprema, February 29th, gave

a deplorable account of its condition, owing to the demands made upon it

by the king. On the 10th he had called upon it for 16,000 ducats which

it would be wholly unable to raise if deprived of the silver that had

been seized. It was already short in 7,724,843 mrs. of its annual

expenses and the provincial tribunals were short 5,318,000, for it had

impoverished them to meet the royal demands. Last year it had sold a

censo of 18,000 ducats belonging to the tribunal of Saragossa, which was

beseeching its return. It had also given the king 10,000 ducats for the

cavalry and to raise this amount it had taken the sequestrations in the

tribunal of Seville--a sacred deposit--including 20,000 ducats' worth of

wool, the owners of which, having been acquitted, were besieging it for

their money. This dolorous plaint was effective in so far that the

seizure at Seville was credited on account of the demand for 16,000

ducats.[832] How much of it was true we can only guess, for the

Inquisition had means of raising money outside of its judicial

functions. When, in 1640, the king summoned its familiars and officials

to render military service like the nobles, the Suprema arranged that

they should buy themselves off, and from this source was chiefly raised

40,000 ducats expended on two companies of horse, in return for which,

by a cédula of September 2, 1641, the king promised to maintain

inviolate the privileges and exemptions of the familiars and

officials.[833]

These instances, out of many, will suffice to show how the crown, in its

days of distress, was recouping itself for abandoning the spoils of the

heretics. In time these special and arbitrary demands were systematized

into an annual requirement of fifty horses, estimated at an outlay of

about 5500 ducats and the raising and equipping of two hundred foot,

costing 8000 ducats. The Suprema was in no wise prompt in meeting these

demands; a cédula of June 24, 1662, tells it that what is due for the

present year as well as the previous arrears, must be paid at once,

otherwise an inventory of its property must be given to the president of

the treasury, who will raise the money on it.[834] Subsequently there

was a feeble attempt to return some of these contributions and, in each

of the years 1673 and 1674, a trifling payment was made of 10,000 reales

vellon, but, in 1676, the Suprema stated to Carlos II that in all it had

furnished for remounts of horses 90,000 ducats vellon and 10,000 in

silver and that its total assistance to the crown had amounted to no

less than 800,000 pesos, equivalent to over 500,000 ducats, to

accomplish which the salaries in many tribunals had been unpaid and

vacancies of necessary offices had remained unfilled.[835] Still, as we

shall have occasion to see, the Suprema always had money, not only for

an undiminished pay-roll but for perquisites and amusements.

[Sidenote: _CLAIM ON THE CONFISCATIONS_]

The crown could not accept this assistance, however grudgingly rendered,

without a sacrifice of its supremacy and the Inquisition came to treat

with it as with an independent body. About this time the Suprema happens

to mention, in a letter to the tribunal of Lima, that it had lent the

king 40,000 pesos, of which 10,000 came from Peru and 30,000 from Mexico

and that the Count of Medellin had become security for the return of the

loan, as though it were a banker dealing with a merchant.[836] Yet all

parties knew that these colonial remittances were derived from

confiscations, the ownership of which the crown had never relinquished.

This is the more noteworthy because, about this time, the king suddenly

asserted his claims on some large sums which could not be wholly

concealed. In 1678 the tribunal of Majorca unexpectedly made a

successful raid on the whole New Christian population of Palma and, in

the early months of 1679, there were more than two hundred penitents

reconciled. As they constituted the active trading element of the place

the confiscations were enormous and the affair attracted too much

attention to be hidden. As soon as the news came of the arrests, the

king wrote, May 20, 1678, to the viceroy to look carefully to the

sequestrations because, in case of confiscation, the proceeds belonged

to the treasury. The Suprema, however, made him hold his hands off with

direful threats and kept control of the liquidation. After the

condemnations, a consulta of July 5, 1679, shows that 50,000 pesos had

already been paid to the king, but that the Inquisition was resolved to

have its full share. In November the king acceded to a compromise under

which 200,000 pesos were to be used to endow certain tribunals and to

cancel certain loans made to him by the Inquisition--probably those just

alluded to. The balance coming to him was estimated at 250,000 pesos

but, in the handling of the assets and the settlements with creditors,

the property melted away till the Suprema reported that it barely

sufficed to meet the portion assigned to the Inquisition and finally, in

1683, the king had to content himself with 18,000 pesos spent on the

fortifications of Majorca and the payment to him of 2000, which the

Suprema assured him that it advanced at considerable risk to

itself.[837]

The secretiveness so carefully observed undoubtedly had its advantages

or it would not have been so persistently claimed as a right. In a

consulta of 1696 the Count of Frigiliana states that, when he was

viceroy of Valencia, he had in vain endeavored to get from the tribunal

a statement of its affairs and he asked the king whether or not the

Inquisition possessed the privilege of rendering no account of its

assets and income.[838] At length the quarrel between Inquisitor-general

Mendoza and his colleagues, in the case of Froilan Díaz, and his

banishment to his see in 1703, gave opportunity for royal intervention

and investigation. The War of Succession had deranged the finances of

the Inquisition and it had appealed to the king for help. He required a

statement of the pay-rolls, investments and revenues of all the

tribunals, which was furnished March 9, 1703, after which, on May 27th,

he issued a decree declaring that he must put an end to the abuses and

disorders which had crept into the administration and disbursement of

its property, in order to relieve the embarrassment of which it

complained. He therefore annulled all commissions and appointments

without obligation of service, granted by the inquisitor-general,

whether within or outside of Spain. The papers of all jubilations, new

places and gratuities created or granted since the time of Valladares

(1695) were to be placed in his hands. In no case thereafter should the

inquisitor-general jubilate any official of the Suprema or local

tribunal without consulting him, and any such act issued without a

previous royal order was declared void. No _ayuda de costa_ or grant

exceeding thirty ducats vellon, for a single term, was to be made

without awaiting his decision and this decree was to be placed in the

hands of all receivers or treasurers for their guidance. It was so

transmitted June 8th, with strict orders for its observance. This was a

resolute assertion of the royal control over the finances of the

Inquisition and it held good, in theory at least, however much it may

have been eluded in practice. About the middle of the eighteenth century

a systematic writer describes it as still in force and states that no

salaries can be increased without the royal approval. It so continued to

the end and, under the Restoration, an order from the king,

countersigned by the Suprema, was requisite for any extraordinary

disbursement.[839]

[Sidenote: _FINES AND PENANCES_]

Philip also reasserted and made good the right of the crown to the

confiscations, by claiming a percentage of the rentals of all

confiscated property, but he listened to appeals from the tribunals and,

in 1710, we hear of Saragossa and Valencia being practically restored to

their enjoyment, a liberality which was doubtless followed with regard

to the others. In 1725 Valencia expressed its fear that the alliance

with Austria against England, France and Prussia would result in its

having to restore the confiscations, and the blow seems to have fallen

for, in 1727, the suprema, in a consulta of December 9th, describing the

poverty of Saragossa, attributes it to the king having taken away the

confiscations which he had granted. With the gradual amelioration in the

Spanish finances, this source of revenue must have been restored, for,

in 1768, the Inquisition is described as enjoying the confiscations

which the pious liberality of the monarchs had bestowed.[840]

* * * * *

There were other sources of revenue--rehabilitations or dispensations

from the sanbenito and disabilities, commutations of punishment and the

pecuniary penances known as _penas y penitencias_. All these will be

considered hereafter, but a few words may be said as to the latter in

their relation with the royal authority.

The penitents who were reconciled under Edicts of Grace were not subject

to confiscation, but were punished with fines under the guise of

pecuniary penance, at the discretion of the inquisitor. We have seen

(pp. 169-70) how numerous these were and we can conjecture how large

were the sums thus exacted, for penances of a half or a third of the

penitent's property were not uncommon. Similar fines also usually

accompanied sentences that did not embrace confiscation and formed a

continual although fluctuating source of revenue. Sometimes there were

special officials for their collection but, when this was entrusted to

the receivers of confiscations, they were instructed to keep a separate

account of them, as the two funds were held to be essentially different

and, as a rule, were to be employed for different purposes.

In the earliest Instructions of 1484, these pecuniary penances are said

to be imposed as a _limosna_, or alms, to aid the sovereigns in the

pious work of warring with the Moors, but, in the Instructions issued a

few months later by Torquemada, this is modified by ordering them to be

placed in the hands of a trustworthy person and reports to be made to

him or to the king, in order that they may be spent on the war or in

other pious uses or in paying the salaries of the Inquisition.[841]

Both the destination and the control of these funds were thus left

undetermined and they so continued for some years. In 1486 we find

Ferdinand giving orders for sums from this source for various uses--for

the war with Granada, to pay the salaries of a lay judge, to pay

expenses of a tribunal of the Inquisition, to repay Luis de Santangel

for advances made to tribunals; in one case his tone is apologetic and

he asks Torquemada to confirm the order, in others his command is

absolute.[842]

This indicates the uncertainty which existed both as to the use and the

control of the pecuniary penances. So long as lasted the war with

Granada, whatever was taken by the crown might be regarded as devoted,

directly or indirectly, to that holy object, but when the conquest was

achieved, in January, 1492, that excuse no longer existed and doubtless

the inquisitors looked with jealousy upon the diversion to secular

objects of the proceeds of their pious labors. The confiscations

unquestionably belonged to the crown, but the penances were spiritual

funds which for centuries had always enured to the Church. There must

have been a sustained effort to withhold them from the royal

acquisitiveness, to which Ferdinand was not disposed to yield, for he

procured from Alexander VI, February 18, 1495, a brief directing the

inquisitors to hold all such moneys subject to the control of the

sovereigns, to be disposed of at their pleasure. Even this was resisted

and Ferdinand and Isabella complained to the pope that they were unable

to compel an accounting of the sums received or to collect the amounts,

to correct which Alexander issued another brief, March 26, 1495,

commissioning Ximenes, then Archbishop of Toledo, to enforce accounting

and payment by excommunication and other censures.[843]

[Sidenote: _FINES AND PENANCES_]

This was equally ineffective. There was a privacy and simplicity in the

imposition and collection of a penance very different from the procedure

of sequestration and confiscation, and Ferdinand, at least for a time,

abandoned the struggle. This is manifested by a clause in the

Instructions of 1498, enjoining on inquisitors not to impose penances

more heavily than justice requires in order to insure the payment of

their salaries,[844] and the principle was formally recognized by

Ferdinand and Isabella in a cédula of January 12, 1499, reciting that,

although they held a papal brief placing at their disposal all moneys

arising from penances, commutations and rehabilitations, yet they grant

to the inquisitors-general all collections from these sources, both in

Castile and Aragon, to be used in paying salaries, disbursements being

made only on their order.[845]

Ferdinand, however, was not disposed to relax, on any point, his control

over the Inquisition and, on April 10th of the same year, we find him

forbidding the levying of penances on the members of a town-council for

fautorship of heresy--doubtless a speculative infliction for some

assumed neglect in arresting suspects. In 1501 his renunciation is

already forgotten and he is making grants from the penances as

absolutely as ever--even empowering Inquisitor-general Deza to use those

of Valencia, to the extent of a hundred ducats a year for the salary of

Jaime de Muchildos, the Roman agent of the Inquisition.[846] So, in

1511, we find him granting to Enguera, Inquisitor-general of Aragon, a

thousand libras out of the penances to defray the expenses of his bulls

for the see of Lérida and authorizing him to pay from them an _ayuda de

costa_ of two hundred ducats to Joan de Gualbes, a member of the

Aragonese Suprema. Then, in 1514, he places all the penances

unreservedly at the disposal of Inquisitor-general Mercader to be

employed on the salaries and other necessary expenses of the Inquisition

of Aragon. This seems to have been final. After his death, instructions

sent to the tribunal of Sicily assume that the inquisitor-general has

sole and absolute control. It was the same in Castile. Instructions

issued by Ximenes, in 1516, direct the receiver-general, who was an

officer of the Suprema, to collect the penances from the receivers of

the tribunals, who were to keep them in a separate account and not to

disburse them without an order from the inquisitor-general. After this

we find the Suprema in full control.[847]

There is virtually no trace of any interference subsequently by the

crown, and the Inquisition found itself in possession of an independent

and by no means inconsiderable source of revenue which it could levy,

almost at will, from those who fell into its hands. The only exception

to this that I have met is that Philip IV, in his financial distress, by

a decree of September 30, 1639, claimed and collected twenty-five per

cent. of fines, but he scrupulously limited this to those inflicted in

cases not connected with the faith--that is, in the exercise of the

royal jurisdiction, civil and criminal, enjoyed by the Inquisition in

matters concerning familiars and other officials.[848]

* * * * *

[Sidenote: _IRRESPONSIBILITY_]

Though, as we have seen, the independence of the Inquisition, as a

self-centered and self-sustaining institution in the State, varied with

the temper and the necessities of the sovereign, there was a time when

it seemed as though it might throw off all subjection and become

dominant. But for the prudence of Ferdinand, in insisting upon the power

of appointment and dismissal, this might have happened in the temper of

the Spanish people, trained to an exaltation of detestation of heresy

which to us may well appear incomprehensible. There is no question that,

under the canon law, kings, like their subjects, were amenable to the

jurisdiction of the Inquisition and that they held their kingdoms on the

tenure not only of their own orthodoxy but of purging their lands of

heresy and heretics. The principles which had been worked so effectually

for the destruction of the Houses of Toulouse and of Hohenstaufen and

under which Pius V released the subjects of Queen Elizabeth from their

allegiance, in 1570, were fully recognized in Spain as vital to the

faith.[849] But beyond this the Spaniards, in the exuberance of their

religious ardor, boasted that their national institutions conditioned

orthodoxy as necessary to their kingship. Even when the seventeenth

century was well advanced, a learned and loyal jurisconsult tells us

that, from the time of the sixth Council of Toledo, in 638, their

monarchs had imposed on themselves the law that, if they fell into

heresy, they were to be excommunicated and exterminated; that Ferdinand,

in 1492, had renewed this law and that he had instituted that most

severe tribunal the Inquisition and had sanctioned that, in view of the

Toledan canon, all kings in future should be subject to it.[850] Even

Spanish loyalty could not have been relied upon to sustain a king

suspect of heresy, against the claims of the Holy Office to try him in

secret, and suspicion of heresy was a very elastic term. Impeding the

Inquisition came within its definition and any effort to curb the

arrogant extension of its powers could readily be so construed, as

Macanaz found to his sorrow. The fact that the Inquisition possessed

such power must have had its influence more than once on the mind of the

sovereign when engaged in debate with his too powerful subject and

perhaps explains what appears to us occasionally a pusillanimous

yielding.

The monarchs had guarded the Inquisition against all supervision and all

accountability to the other departments of government. Within its own

sphere it was supreme and irresponsible and its sphere, owing to the

exemption from the secular courts accorded to all connected with it in

however remote a degree, covered a large area of civil and criminal

business, besides its proper function of preserving the purity of the

faith. In this self-centered independence it stood alone. Even the

spiritual jurisdiction of the Church, so jealously guarded, had become

subject to the _recurso de fuerza_, which, like the French _appel comme

d'abus_, gave to those who suffered wrong an appeal to the Council of

Castile.[851] But even from this the Inquisition was exempt. A decree of

Prince Philip, in 1553, was its ægis and was constantly invoked. This

was addressed to all the courts and judicial officers of the land and

affirmed, in the most positive terms, the sole and exclusive

jurisdiction of the Inquisition in all matters within its competence,

civil or criminal, concerning the faith or confiscations--and faith was

a convenient term covering the impeding of the Inquisition in all that

it wanted to do. Philip recited that repeated cédulas of Ferdinand and

Isabella and of Charles V had asserted this and now he reaffirmed and

enforced it. No appeals from its tribunals were to be entertained, for

the only appeal lay to the Suprema, which would redress any wrong, for

it, by delegation from the crown and the Holy See, had exclusive

cognizance of such matters. If therefore anything concerning the

Inquisition should be brought before them they must decline to entertain

it and must refer it back to the Holy Office.[852]

The Inquisition was not content to enjoy these favors as a revocable

grace from the crown but, in a consulta of December 22, 1634, it

advanced the claim that this decree was a bargain or compact between two

powers which could not be in any way modified without mutual

consent.[853] This was emphasized in a printed argument in 1642,

asserting that that transaction could only become of binding force by

the consent of both parties--the king and the inquisitor-general--and

the king had no power to change it of his own motion, as it was an

agreement. Even were it admitted to be a concession granted by the

crown, this would make no difference, for a privilege conceded to one

who is not a subject (as the Inquisition in the present case) and

accepted by the latter becomes a contract which the prince cannot

revoke.[854]

[Sidenote: _EFFORTS AT INDEPENDENCE_]

We shall see hereafter the use made of this by the Inquisition in its

daily quarrels with all the other jurisdictions, but a single case may

be cited here to indicate how it utilized this position to render itself

virtually independent. There was a long-standing debate over canonries

in the churches of Antequera, Málaga and the Canaries, which it claimed

to be suppressed for its benefit under the brief of January 7, 1559, but

which the royal Camara asserted to belong to the patronage of the king,

whose rights of appointment were not curtailed by the brief. A suit on

the subject, commenced in 1562, was not yet decided when, about 1611,

the king filled vacancies in Málaga and the Canaries. This provoked a

discussion, during which, without awaiting settlement, the inquisitors

excommunicated the appointees--and an inquisitorial excommunication

could be removed only by him who had fulminated it, by the

inquisitor-general or by the pope. In 1611 the king ordered the

appointees to be absolved and mandates signed by him to that effect were

addressed to the inquisitors of Málaga and the Canaries. The Suprema

complained loudly of this as an unheard of violation of the rights of

the Holy Office and refused obedience. In 1612 it declared that, when

the appointees abandoned the prebends which they had usurped, they

should be absolved and not before. On February 12th, in a consulta to

the king, it argued that its power had always been so great and so

independent of all other bodies in the State that the kings had never

allowed them to interfere with it, directly or indirectly; it determined

for itself everything relating to itself, consulting only with the king

and permitting no interference of any kind. Its determination prevailed

over the weakness of the king who ordered the Camara to desist from its

pretensions and not to despoil the Holy Office.[855]

These somewhat audacious assertions of independence were chiefly

stimulated by the perpetual quarrels arising from the exclusive

jurisdiction, civil and criminal, exercised by the Inquisition over its

thousands of employees and familiars and their families, which kept the

land in confusion. This is a subject which will require detailed

consideration hereafter and is only referred to here because of its

development into the exaggerated pretensions of the Inquisition to

emancipate itself from all control. When Ferdinand granted this _fuero_

it was understood on all hands to be a special deputation of the royal

jurisdiction and as such liable at any time to modification or

revocation. Ferdinand himself, in a cédula of August 18, 1501, alluded

to it as such--the inquisitors enjoyed it just as the corregidors

did.[856] So, in the Concordia of Castile, in 1553, defining the extent

of this jurisdiction, the inquisitors are specially described as holding

it from the king, and Philip II, Philip III and Philip IV repeatedly

alluded to it as held during the royal pleasure.[857] There was no

thought of disputing this until the seventeenth century was well

advanced. The Suprema itself, in papers of 1609, 1619, 1637 and 1639

freely admitted that its temporal jurisdiction was a grant from the

king, while its spiritual was a grant from the pope.[858]

Apparently the earliest departure from this universally conceded

position was made, in 1623, by Portocarrero in an argument on a clash of

jurisdictions in Majorca, wherein he sought to prove that the civil and

criminal jurisdiction of the Inquisition over its subordinates was

ecclesiastical and derived from the pope.[859] About the same time, in

an official paper, a similar claim was advanced, based on the papal

briefs authorizing Torquemada and his successors to appoint, dismiss and

punish their subordinates.[860] These were mere speculations and

attracted no attention at the time. We have just seen that as late as

1639 the Suprema made no claims of the kind but two years later, in

1641, it suddenly adopted them in the most offensive fashion. There was

a _competencia_, or conflict of jurisdiction, between the tribunal of

Valladolid and the chancillería or high royal court; the Council of

Castile had occasion to present several consultas to the king, in one of

which it said that the jurisdiction exercised in the name of the king by

the Inquisition was temporal, secular and precarious and could not be

defended by excommunication. Thereupon the Suprema assembled its

theologians who pronounced these propositions to be false, rash and akin

to heretical error; armed with this opinion the fiscal, or prosecuting

officer, accused the whole Council of Castile, demanded that its

consulta be suppressed and that its authors be prosecuted. Theoretically

there was nothing to prevent such action, which would have rendered the

Inquisition the dominating power in the land, but the Suprema lacked

hardihood; even the habitual subservience of Philip IV was revolted and

he told the inquisitor-general that he had done ill to lend himself to a

question contrary to the sovereignty of the monarch and to the honor of

the highest council of the nation.[861]

[Sidenote: _EFFORTS AT INDEPENDENCE_]

In spite of this rebuff, having once asserted the claim that its

temporal jurisdiction was spiritual and not secular, the Inquisition

adhered to it. The prize was worth a struggle, for it would have put the

whole nation at its mercy. It would have deprived the king of powers to

check aggression and to protect his subjects from oppression for, as

Portocarrero had pointed out, although princes have authority to relieve

their subjects when aggrieved by other secular subjects, they have none

when the oppressors are ecclesiastics, exempt by divine law from their

jurisdiction.[862] To win this the Inquisition persisted in its claim.

In 1642, on the occasion of a _competencia_ in Granada, there appeared,

under its authority, a printed argument to prove that the temporal

jurisdiction of the Holy Office was a grant from the Holy See, which had

power to intervene in the internal affairs of States and that it had

merely been acquiesced in and confirmed by the kings.[863] Again, in a

notorious case occurring in Cuenca in 1645, the inquisitors argued that

their temporal jurisdiction was ecclesiastical and papal, with which the

king could not interfere.[864] But the audacity with which these

pretensions were pushed culminated in a consulta presented by the

Suprema, March 31, 1646, to Philip IV, when he was struggling against

the determination of the Córtes of Aragon to curb the excesses of the

Inquisition.

In this paper the Suprema asserted that the civil and political

jurisdiction is inferior to the spiritual and ecclesiastical, which can

assume by indirect power whatever is necessary for its conservation and

unimpeded exercise, without being restricted by secular princes. The

royal prerogative is derived from positive human law or the law of

nations; the supreme power of the Inquisition is delegated by the Holy

See for cases of faith with all that is requisite, directly or

indirectly, for its untrammelled enjoyment; this is of divine law and,

as such, is superior to all human law, to which it is in no way subject.

The very least that can be said is that princes are bound to admit this,

and though they have a right to concede no more than is requisite, the

decision as to what is requisite rests with the ecclesiastical

authority, which is based on divine law. Any departure from these

principles, under the novel pretext that the king is master of this

jurisdiction, with power to limit or abrogate, is dangerous for the

conscience and very perilous as leading to the gravest errors.[865] It

would be difficult to enunciate more boldly the theory of theocracy,

with the Inquisition as its delegate and the crown merely the executor

of its decrees.

These pretensions were not realized and the king was not reduced to

insignificance, but his power was seriously trammelled by the

bureaucracy of which the Suprema was the foremost and most aggressive

representative. Its quasi-independence led to emulation by the other

great departments of the State and though their success was not so

marked, it was sufficient in all to render the government incredibly

cumbersome and inefficient and to paralyze its action by wasting its

strength in efforts to keep the peace between the rival and warring

bodies. In these bickerings and dissensions the power of the crown

decreased and the theoretically autocratic monarch found himself unable

to enforce his commands. Philip IV recognized this fatal weakness, but

his efforts to overcome the evil were puerile and inefficient. October

15, 1633, he sent to the Suprema, and presumably to the other councils,

a decree setting forth emphatically that the slackness of obedience and

disregard of the royal commands had been the cause of irreparable damage

to the State and must be checked if the monarchy were to be preserved

from ruin. It was his duty, under God, to prevent this; he had

unavailingly represented it repeatedly to his councillors and now he

proposed to make out a schedule of penalties, to be incurred through

disobedience, scaled according to the gravity of each offence. This was

to be completed within twenty days and he called upon the Suprema to

give him the necessary information that should enable him to tabulate

the matters coming within its sphere of action.

[Sidenote: _EFFORTS AT INDEPENDENCE_]

This grotesque measure, calling upon offenders to define their offences

for the purpose of providing condign punishment, was received by the

Suprema with a cool indifference showing how lightly it regarded the

royal indignation. There was nothing, it said in reply, within its

jurisdiction which imperilled the monarchy, for its function was to

preserve the monarchy by preserving the unity of religion. As for

obedience, it was of the highest importance that the royal commands

should be obeyed and the laws provided punishments for all disobedient

vassals. But the canon and imperial laws and those of Spain deprived of

their places judges, who executed royal cédulas issued against justice

and the rights of parties, for it was assumed that such could not be the

royal intention and that they were decreed in ignorance, so that they

were suspended until the prince, better informed, should provide

justice. Therefore when councillors opposed cédulas which would work

great injury to the jurisdiction and immunities of the Holy Office, it

was only to prevent innovation and it was in the discharge of duty that

this was represented to the king. The Suprema therefore prayed him that,

before determining matters proposed by other councils, they should be

submitted to it as heretofore so that, after hearing the reasons of both

sides, he might determine according to his pleasure.[866] Thus with

scarcely veiled contempt the Suprema told him that it would continue to

do as it had done and the very next year, as we have seen, it boldly

informed him that none of his commands respecting the Inquisition would

be obeyed until it should have confirmed them--commands, be it

remembered, that in no case affected its action in matters of faith, for

all the trouble arose from its encroachments on secular affairs.

The character of Philip IV ripened and strengthened under adversity and,

in the exigencies of the struggle with Catalonia and Portugal, he

developed some traits worthy of a sovereign. Although he meekly endured

the insolence of the Suprema in 1646 and labored strenuously with the

Córtes of Aragon to prevent the reform of abuses, he yet, as we have

seen, insisted on the right to supervise appointments. He doubtless

asserted his authority in other ways for the Suprema abated its

pretensions that its civil and criminal jurisdiction was spiritual and

papal. In an elaborate consulta of March 12, 1668, during a long and

dreary contest, in which the tribunal of Majorca was involved, it

repeatedly refers to its enjoying the royal jurisdiction from the king,

showing that it had abandoned the attempt to render itself independent

of the royal authority.[867]

[Sidenote: _REASSERTION OF ROYAL SUPREMACY_]

Under the imbecile Carlos II and his incapable ministers, the

domineering arrogance of the Inquisition increased and, as we shall see

hereafter, it successfully eluded a concerted movement, in 1696, of all

the other councils, represented in the Junta Magna, to reduce its

exuberance. With the advent of the House of Bourbon, however, it was

forced to recognize its subordination to the royal will in temporal

matters, in spite of the temporary interference of Elisabeth Farnese in

favor of Inquisitor-general Giudice. We have already seen indications of

this and shall see more; meanwhile a single instance will suffice to

show how imperiously Philip V, under the guidance of Macanaz, could

impose his commands. In 1712 there was an echo of the old quarrel over

the so-called suppressed canonries of Antequera, Málaga and the Canaries

(p. 342). The suit, commenced in 1562, had never been decided and had

long been suspended. The trouble of 1612 had been quieted by allowing

the Inquisition to enjoy the canonries, not as a right, but as a

revocable grant from the crown; excesses committed by the inquisitors in

collecting the fruits led to the resumption of the benefices and then,

by a transaction in 1622, they were restored under the same conditions.

Such was the position when a violent quarrel arose in the Canaries

between the tribunal and the chapter. The former questioned the accuracy

of the accounts rendered to it and demanded the account books. This the

chapter refused but offered to place the books in the accounting room of

the cathedral, allowing the officials of the tribunal free access and

permission to make what copies they desired. There was also a subsidiary

quarrel over the claim that, when the secretary of the tribunal went to

the chapter, he should be entitled to precedence. With their customary

violence the inquisitors publicly excommunicated and fined the dean and

treasurer of the chapter and moreover they took under their protection

the Dominican Joseph Guillen, Prior of San Pedro Martir, who was a

notary of the tribunal. He circulated a defamatory libel on the chapter

which laid a complaint before his superior, the Provincial; the latter

commenced to investigate, when the tribunal inhibited him from all

cognizance of the matter. Then there came a mandate from the Dominican

General to the Provincial, relegating Fray Guillen to a convent and

ordering a president to be appointed for San Pedro Martir, whereupon the

tribunal required the Provincial to surrender this mandate and all

papers concerning the affair, under pain of excommunication and two

hundred ducats. The sub-prior of San Pedro Martir was forced to assemble

the brethren, whom the inquisitors ordered to disobey the commands of

the General and not to acknowledge the president appointed under his

instructions, thus violating the statutes of the great Dominican Order

and the principle of obedience on which it was based. They further

excommunicated the Provincial in the most solemn manner; they took by

force Fray Guillen from the convent and paraded the streets in his

company; the whole community was thrown into confusion and to prevent

recourse to the home authorities they forbade, under heavy penalties,

the departure of any vessel for Teneriffe, through which communication

was had with Spain. In all this there was nothing at variance with the

customary methods of asserting the lawless supremacy of the Inquisition

over the secular and spiritual authorities, but Philip V ordered

Giudice, September 30, 1712, to put an end to these excesses and, on

October 11th, the Suprema reported that it had ordered the inquisitors

to desist. If it did so, they paid no attention to its commands. Then,

June 11, 1713, he addressed a peremptory order to Giudice to revoke all

that had been done in the Canaries, to recall the inquisitors, to

dismiss them and give them no other appointments. The Suprema replied,

July 18th, enclosing an order which it proposed despatching; this

displeased him as not in compliance with his commands and he insisted on

their complete fulfilment. Still there was evasion and delay and when,

in July, 1714, the Canary chapter presented to the tribunal royal orders

requiring the removal of the excommunications and the remission of the

fines, the inquisitors not only refused obedience but commenced

proceedings against the notaries who served them. The Suprema professed

to have sent orders similar to those of the king, but it evidently had

been playing a double game. Philip therefore, November 1, 1714,

addressed the inquisitor-general, holding the Suprema responsible for

the prolonged contumacy of the inquisitors; he ordered it to deliver to

him the originals of all the correspondence on the subject and required

the inquisitor-general to issue an order for the immediate departure

from the islands of the inquisitors and fiscal, without forcing the

governor to expel them, as he had orders to do so in case of

disobedience. Moreover, if the Suprema should not, within fifteen days,

deliver all the documents, so that the king could regulate matters

directly with the tribunal, the old suspended suit would be reopened and

such action would be taken as might be found requisite. This was a tone

wholly different from that to which the Inquisition had been accustomed

under the Hapsburgs; the evasions and delays of the Suprema, which had

so long been successful, proved fruitless. The struggle was prolonged,

but the royal authority prevailed in the end, although, when the

inquisitors reached Spain, in the summer of 1715, Giudice had been

restored to office and Philip weakly permitted them to be provided for

in other tribunals and to curse fresh communities with their lawless

audacity.[868]

We shall hereafter have occasion to see how, under the House of Bourbon,

with its Gallican ideas as to royal prerogative, the subordination of

the Inquisition became recognized, while its jurisdiction was curtailed

and its influence was diminished.

A History of the Inquisition of Spain; vol. 1 · 第 2 / 10 章