CHAPTER III.

PRIVILEGES AND EXEMPTIONS.

Before the Revolution introduced the theory of equality, class

privileges were the rule. The public burdens were eluded by those best

able to bear them and were accumulated on the toilers. The mortmain

lands held by the Church were exempt from both taxation and military

service and, though Philip V, in the Concordat of 1737, obtained the

privilege of taxing such as might subsequently be acquired, the repeated

decrees for its enforcement show the impossibility of enforcing it.[908]

The complete immunity of ecclesiastics from taxation was emphatically

asserted by Boniface VIII in the bull _Clericis laicos_ and, although

this was revoked by the Council of Vienne in 1312, care was taken to

enunciate the principle as still in vigor.[909] Yet in the kingdoms of

Aragon they were subject to all imposts on sales, to import and export

dues and other local taxation and, when resistance was offered to this,

Charles V procured from Adrian VI, in 1522, and from Clement VII, in

1524, briefs confirming their liability.[910] _Hidalguia_, or gentle

blood, conferred a multiplicity of privileges, including exemption from

taxation, royal and local, with certain exceptions that were largely

evaded, and the _labrador_--the peasant or commoner--was distinctively

known as a _pechero_ or tax-payer.[911] That in such a social order the

Inquisition should seek for its members all the exemptions that it could

grasp was too natural to excite surprise, though it might occasionally

provoke resistance.

As regards freedom from taxation, the subject is complicated by

questions concerning royal and local imposts, by the varying customs in

the different provinces, and by the distinction between the active

officials of the tribunals, known as _titulados y asalaridos_, and the

more numerous unsalaried ones, who were only called upon occasionally

for service, such as familiars, commissioners, notaries, consultors and

censors. Their rights were loosely defined and were subject to perpetual

variation by conflicting decisions in the contests that were constantly

occurring with the secular authorities, provoked by habitual antagonism

and the frequent imposition of new taxes, raising new questions.

Ferdinand wrote sharply, April 13, 1504, to the town-council of

Barcelona, when it attempted to subject the officials of the tribunal to

the burdens borne by other citizens, in violation of the pre-eminences

and exemptions of the Holy Office, and he warned them to desist, in view

of the judicial measures that would be taken. Yet, in 1508, we find him

writing still more sharply to that tribunal, scolding it because it had

taken from the house of the alguazil of the Bailía a female slave and,

without waiting for formal judgement, had sold her without paying the

royal impost of twenty per cent., a disregard of the regalías not

permitted to them. They had also issued an order on the custom-house to

pass free of duty certain articles for an inquisitor, which was against

all rule for, even if the goods were needed for the support of the

officials, it was a matter for the farmers of the revenue to decide, and

the issuing of such passes would be fruitful of fraud and loss.[912]

[Sidenote: _TAXATION_]

These instances indicate the uncertainties of the questions that were

constantly arising in the intricate system--or lack of system--of

Spanish taxation. To follow the subject in detail would be an endless

and unprofitable task. I have collected a considerable number of more or

less contradictory decisions of this early period, but the only

deductions to be drawn from them are the indefiniteness of the exemption

and the earnestness of the effort made to extend it by the Inquisition.

The matter evidently was one in which there were no recognized rules

and, in 1568, Philip II undertook to regulate it, at least in so far as

concerned royal taxation. He defined for each tribunal the officials who

were to be exempted from all taxes, excise and assessments, and forbade

their exaction under pain of fifty thousand maravedís and punishment at

the royal discretion, but this exemption was granted only during his

good pleasure, so that he retained full control and admitted no

privilege as inherent in the Inquisition. His enumeration moreover

comprised only the _titulados y asalariados_, holding commissions from

the Suprema and in constant service, and omitted the familiars and

others who greatly exceeded them in numbers.[913]

This attempt at settlement left the matter still undefined and

provocative of endless strife. It said nothing as to local taxes; these

and the royal taxes were often indistinguishable, or so combined that

they could not be separated; the unsalaried officials were not

specifically declared to be taxable and were always striving for

exemption, and when, in the growing needs of the monarchy, new taxes

were imposed, there came ever fresh struggles conducted with the

customary violence of the Inquisition. May 10, 1632, the Royal Council

earnestly represented to Philip IV that it had already laid before him

certain excesses of the inquisitors of Cuenca to which he had not seen

fit to reply. Now the corregidor of Cuenca has reported other excesses

requiring immediate remedy, for they have issued an order, under pain of

excommunication and other penalties, that the collector of the excise on

wine, imposed for the pay of the troops, shall not collect it of the

salaried officials of the tribunal although they are laymen and subject

to it. They pretended that they were not liable to the alcavala (tax on

sales) but they were defeated in the suit on this before the Council of

Hacienda. And if this is permitted all the other tribunals will attempt

the same, and with their exemption will come that of their servants and

kindred and connections of all kinds, with frauds and concealment as

usual, resulting in increase of charge to other vassals and damage to

the treasury, for it seems as though the sole object of the inquisitors

is to diminish the royal patrimony.[914] Similar troubles attended the

levying of the _servicio de millones_, an exceedingly unpopular impost

on wine, meat, vinegar and other necessaries.[915]

[Sidenote: _TAXATION_]

When, in 1631, the tax of _media añata_, or half a year's salary levied

on appointees to office, was imposed there was a discussion as to

whether it was applicable to the Inquisition. This was settled in the

affirmative and the Suprema made no objection, for its collection was

taken from the _Sala de Media Añata_ and was given to Gabriel Ortiz de

Sotomayor, appointed by Inquisitor-general Zapata and when he, in the

course of a few years, became Bishop of Badajoz, the business was

intrusted to the inquisitor-general himself. For awhile the payments

were made with some regularity, but, in 1650, an investigation showed

that for a long while it had been quietly allowed to drop and, as it was

in the hands of the inquisitor-general, there were no means of enforcing

an accounting. For a year Arce y Reynoso eluded the efforts of the Sala

de Media Añata to obtain information and finally, May 17, 1651, the king

ordered him peremptorily to pay his own media añata (due since 1643), to

make the other officials do so and to furnish the required information

to the Sala. On receiving this he said there were difficulties in making

ecclesiastics like inquisitors pay, but he would consult the Suprema and

reply in July. July passed away and the Sala again applied to him, when

he replied that, as concerned the familiars and other secular officials,

orders had already been given and collections made, but as to clerics

there were scruples about which he would advise with the king. He failed

to do so and in October the king was urged to repeat his demand for

immediate payment. The outcome of the affair was that ecclesiastics were

exempted and laymen had to pay, while familiars, who had no salaries,

were assessed nine ducats--so Arce y Reynoso succeeded in eluding his

tax. Collection, moreover, from the laymen was not easy and, January 28,

1654, the Suprema issued general instructions to deduct it without

exception from the salaries. This only transferred the indebtedness from

the individuals to the receivers or treasurers of the tribunals, who

seem to have been equally slow to pay and, in 1655, an inquisitor in

each tribunal of Castile and the colonies was designated to collect the

money from the treasurer and remit it at once.[916] It is safe to assume

that the receipts were trivial and the whole business affords an

illustration of the methods by which the revenues of Spain were

frittered away before reaching the treasury. Whether productive or not,

however, the media añata remained until the end a permanent charge upon

the lay officials. In Valencia, in 1790, it had for ten years amounted

to an annual average of ten libras.[917]

With regard to local taxation, contests were renewed at every new impost

with varying success, and a single case will elucidate the character of

these struggles. In 1645 the Córtes of Valencia agreed to furnish for

six years twelve hundred men to garrison Tortosa, reserving the right to

impose whatever duties or excise might be necessary to defray the

expense. In order that the clergy might be included the assent of

Archbishop Aliaga was sought, which he granted with difficulty and only

on condition that, within eight months, a confirmatory papal brief

should be obtained, which was duly accomplished. To meet the charge an

excise, known as the _sisa del corte_ was levied on all goods cut for

garments. The tribunal refused to submit to this and pointed to its

contributions to a loan of twenty thousand ducats made by the

Inquisition to the king in 1642, and to its payment since 1643 of five

per cent. of the salaries for the maintenance of certain mounted men.

The city yielded for a while and then a compromise was made; the

ecclesiastics at the time were paying eighteen deniers on the libra

(7-1/2 per cent.) while the officials of the tribunal were to be taxed

only six deniers (2-1/2 per cent.). To maintain their principle of

exemption, however, for some years they had their garments made in the

name of other ecclesiastics and paid the eighteen deniers, but in 1659

they grew tired of this and paid the six deniers for themselves, first

registering a protest that it was without prejudice to their privileges

and exemptions. This continued until 1668, when suddenly, on June 19th,

the fiscal of the tribunal summoned the collectors of the _sisa del

corte_ to pass freely, within twenty-four hours, the cloth cut for the

garments of Benito Sanguino, the alcalde mayor, under pain of five

hundred ducats. On the 21st the syndics of the city and the collectors

interjected an appeal to the king, in spite of which the next day the

mandate was repeated, this time giving twelve hours for obedience and

adding excommunication to the fine. Another appeal was interposed and

the regent of the Audiencia applied for a _competencia_, or orderly

method of settling disputes, as provided in the Concordia, but

notwithstanding this the next day the excommunications were published

and the names of the collectors were affixed to the doors of the

cathedral as under the anathema of the Church.[918] The final outcome is

of little moment; the interest of the affair lies in its illustration of

the persistence of the Inquisition and the violence of its methods.

In this respect the case is not exceptional. The formularies of the

Inquisition contained a full assortment of arbitrary mandates which it

employed, in place of seeking the legal courses prescribed in the

Concordias, by which the king and the Córtes sought to preserve the

peace. One of these, drawn in the name of the tribunal of Llerena,

addressed to the governor and magistrates, recites that complaint has

been made of the imposition on officials and familiars of a new octroi

on meat and proceeds to assert that, by immemorial custom and royal

cédulas, the commissioned officials are exempted from paying any taxes,

excise, imposts and assessments, whether royal or local or otherwise;

the magistrates are commanded within two hours to desist from the

attempt, under pain of major excommunication and a fine of a hundred

thousand maravedís for the governor or his deputy and of fifty thousand

for subordinates, with the threat, in case of disobedience, of

prosecution with the full rigor of law. Moreover the secretary or notary

of the city is ordered within the two hours to bring to the tribunal and

surrender all papers concerning the assessment on the officials, under

pain of excommunication and ten thousand maravedís.[919] Such were the

peremptory commands habitually employed, the arrogance of which rendered

them especially galling.

[Sidenote: _TAXATION_]

Not only were these fulminations ready for use when the case occurred,

but there were formulas drawn up in advance to prevent any attempted

infraction of the privileges claimed by the officials. Thus this same

collection has one addressed to the corregidor and magistrates of a town

where a fair is to be held, reciting that an official of the tribunal

proposes to send thither a certain number of cattle bearing his brand,

which he swears to be of his own raising and, as he is exempt from

paying alcavala, tolls, ferriages, royal servicio and all other

assessments and dues and, as he fears that there may be an attempt to

impose them, therefore all officials and collectors are ordered, under

pain of major excommunication and two hundred ducats, to abstain from

all such attempts, with threats of further punishment in case of

disobedience.[920] The enormous advantage which the official thus

possessed is plain, as well as the door which it opened to fraud. That

the claim was groundless appears by a memorial presented to the Suprema

in 1623, in response to a call by Inquisitor-general Pacheco on his

colleagues for suggestions as to the better government and improvement

of the Inquisition--a remarkable paper to which reference will

frequently be made hereafter. On this point it states that, in some

tribunals, the officials are exempted from paying the alcavala on the

products of their estates, while in others they are not. In some, a

portion of the officials have dexterously secured exemption, while

others have been compelled to pay, by judicial decision, as there is no

basis for such claims. If there is no right or privilege of exemption,

it is not seen how the officials can conscientiously escape payment, or

how the inquisitors can defend them in evading it, besides the numerous

suits thence arising which occupy the time of the tribunals. To cure

this it is suggested that the king grant exemptions to all, for there

are not more than two or three in each tribunal to be thus

benefited.[921] This suggestion was not adopted, but the claim was

persisted in with its perpetual exasperation and multiplicity of

litigation.

The large numbers of the unsalaried officials, especially the familiars,

rendered the question of their exemption of considerably greater

importance. They had no claim to it, but they were persistently

endeavoring to establish the right and for the most part they were

supported by the tribunals in the customary arbitrary fashion. In the

futile Concordia of Catalonia in 1599, it was provided that levies and

executions for all taxes and imposts could be made on familiars and

commissioners by the ordinary officers of justice. In the memorial to

Clement VIII asking for the disallowance of this Concordia, the Suprema

proved learnedly, by a series of canons from the fourth Council of

Lateran down, that the cruce-signati (whom it claimed to correspond with

the modern familiars) were exempt. It even had the audacity to cite the

Concordia of 1514, which in reality denied their exemption, and it

assumed with equal untruth that this was the universal custom in

Spain.[922] Yet, in a consulta of December 30, 1633, the Suprema tacitly

excluded the unsalaried officials when it argued that there were not,

exclusive of ecclesiastics, more than two hundred officials in Spain

entitled to the exemption.[923]

[Sidenote: _TAXATION_]

Still, the Inquisition fought the battle for the unsalaried officials

with as much vigor as for the salaried. In 1634 the levying of a few

reales on a familiar of Vicalvero, on the occasion of the voyage to

Barcelona of the Infante Fernando, was resisted with such violence by

the tribunal of Toledo, that finally the king had to intervene,

resulting in the banishment and deprival of temporalities of a clerical

official and the summoning to court of the senior inquisitor.[924] In

1636, Philip IV, to meet the extravagant outlays on the palace of Buen

Retiro, levied a special tax on all the towns of the district of Madrid.

In Vallecas the quota was assessed on the inhabitants, among whom was a

familiar who refused to pay, when the local alcaldes levied upon his

property. He appealed to the Suprema which referred the matter to the

tribunal of Toledo and it arrested the alcaldes and condemned them in

heavy penalties. Then the Alcaldes de Casa y Corte, the highest criminal

court, intervened and arrested the familiar, whereupon the Suprema twice

sent to the _Sala de los Alcaldes_, declaring them to be excommunicated,

but the bearer of the censure was refused audience. On this the Suprema,

with the assent of the Council of Castile, sent a cleric to arrest the

alcaldes and convey them out of the kingdom, and on March 12th, in all

the churches of Madrid, they were published as excommunicate and subject

to all the penalties of the bull _in Coena Domini_.[925] What was the

outcome of this the chronicler fails to inform us, but the Council of

Castile took a different view of the question when, in 1639, one of its

members, Don Antonio Valdés, who had been sent to Extremadura as

commissioner to raise troops, was publicly excommunicated by the

tribunal of Llerena because, in assessing contributions for that

purpose, he had not exempted its officials and familiars. The Council

thereupon appealed to Philip, who ordered the decree expunged from the

records and that a copy of the royal order should be posted in the

secretariate of the tribunal.[926]

Yet it was about this time that the claim in behalf of unsalaried

officials seems to have been abandoned, for, in 1636, 1643 and 1644 the

Suprema issued repeated injunctions that in the existing distress the

royal imposts and taxes must be paid. In 1646 it ordered the tribunal of

Valencia not to defend two familiars in resisting payment and in the

same year the Córtes of Aragon gained a victory which subjected them to

all local charges.[927]

With the advent of the Bourbons the salaried officials found a change in

this as in so much else. In the financial exigencies of the War of

Succession they were subjected to repeated levies. Philip V called upon

them for five per cent. of their salaries and then for ten per cent. to

which they were forced to submit. In 1712 a general tax was laid of a

doubloon per hearth, which was assessed in each community according to

the wealth of the individual. There were no exemptions and appeals were

heard only by the provincial superintendents of the revenue. The sole

concession obtained by the Suprema was that, where officials of the

Inquisition were concerned, the local tribunal could name an assessor to

sit with the superintendent and it warned the tribunals that any

interference with the collection would be repressed with the utmost

severity.[928] Salaries, however, were held to be subject only to

demands from the crown for, when Saragossa in 1727 endeavored to include

them in an assessment for local taxation, Philip, in response to an

appeal from the Suprema, decided that those of the Inquisition, in

common with other tribunals, should be exempt, but that real and

personal property, including trade, belonging to officials, should be

held liable to the tax.[929]

Towards the close of the eighteenth century various documents show that

all ideas of resistance and all pleas of exemption had been abandoned.

The Holy Office submitted to ordinary and extraordinary exactions and

the Suprema warned the tribunals that the assessments were wholly in the

hands of the royal officers and that it had no cognizance of the matter.

The calls were frequent and heavy, as when, in 1794, four per cent. was

levied on all salaries of over eight hundred ducats, and three months

later a demand was made of one-third of the fruits of all benefices and

prebends, which was meekly submitted to and statements were obediently

rendered.[930] Under the Restoration, the Inquisition was less

tractable. In 1818 an incometax was levied and was imposed on all

salaries, including those of the Suprema, which at once prepared for

resistance. There seems to have been a prolonged struggle with a

successful result for, on November 17th, it issued a circular enclosing

a royal order which conceded exemption.[931]

* * * * *

The exemption from taxation, which included import and export dues or

merchandise and provisions required for officials and prisoners, led to

the claim of other privileges and to not a few abuses. It was not

confined to sea-ports and frontier towns, for the jealous particularism

of the kingdoms, dynastically united, kept up their antagonistic policy

towards each other and intercourse between them was subjected to

regulations similar to those of foreign trade. The exemption from these,

as well as from the octroi duties of the towns, was a most important

privilege, capable of being turned to account in many ways besides

diminishing the expenses of the officials.

[Sidenote: _CUSTOMS DUTIES_]

We have seen that Ferdinand, in 1508, prohibited the issue of orders to

pass goods free, but nevertheless it continued. When, in 1540, Blas

Ortiz went to take possession of his office as inquisitor of Valencia,

the Suprema furnished him with a pass addressed to all customs officials

permitting him to cross the frontiers with three horses and four

pack-mules; he could be required to swear that what he carried was his

private property and was not for sale, but all further interference was

hidden under pain of excommunication and a hundred ducats.[932] It was

not only on such occasions, however, that the customhouses were thus

eluded. Before the introduction of regular posts, the constant

communications between the tribunals and with the Suprema were carried

by couriers or by muleteers, and the mysterious secrecy which shrouded

all the operations of the Holy Office furnished an excuse for preventing

any risk that these sacred packages should be examined. All bearers of

letters therefore, even when they had loaded mules, were furnished with

passes forbidding, under excommunication and fine, any unpacking or

investigation of what they carried.[933] The facilities thus offered for

contraband trade are obvious and their value can only be appreciated

through a knowledge of the elaborate system of import and export duties

and prohibitions of import and export which characterize the policy of

the period.[934] Complaints were fruitless, for when the Council of

Hacienda issued letters against certain familiars in the Canaries,

detected in importing prohibited goods, Philip II, February 11, 1593,

ordered the letters to be recalled and that no more should be

issued.[935]

There were few things concerning which there was more jealousy than the

transfer of grain from one Spanish kingdom to another, and when it was

permitted there were duties, either import or export or perhaps both.

Deficient harvests, in one province or another, were not infrequent and

the tribunals were constantly seeking special relief by obtaining

permits to violate the laws, or by violating the laws without permits.

Many instances of this could be cited, but it will suffice to recount

the experience of the Valencia tribunal in endeavoring to obtain wheat

from Aragon. For this it had special facilities, for the Aragonese

districts of Teruel and Albarracin were subject to it, but, on the other

hand, Aragon was especially firm in prohibiting the exportation of

wheat. In 1522 the tribunal undertook to bring some wheat from Aragon

and threatened the frontier officials with excommunication if they

should interfere. In spite of this they detained it, when the inquisitor

published the censures and imprisoned a guard whom he caught, whereupon

the Aragonese Diputados remonstrated, saying that if the emperor or pope

wanted wheat from Aragon he applied for licence, and begging the

inquisitor to keep within his jurisdiction and release the guard. Then

an accommodation was reached and the tribunal was permitted to bring in

thirty cahizes (about one hundred bushels), on condition of removing any

excommunication that might exist, but it repudiated its side of the

agreement and summoned the officials to appear and receive penance. This

exhausted the patience of the Diputados; they ordered the wheat to be

stopped or, if it had gone forward to be followed and captured with the

mules bearing it; the inquisitor might do what he pleased, but they

would employ all the forces of the kingdom and enforce respect for the

laws. The position in which the inquisitor had placed himself was so

untenable that the inquisitor-general issued an order forbidding

tribunals to take anything out of Aragon in violation of the

prohibitions.[936]

[Sidenote: _IMPORTATION OF WHEAT_]

The effect of this rebuff was evanescent. The tribunal persisted and by

false pretences established a claim which, in 1591, the Suprema warned

it to use with moderation as the Council of Aragon was making complaint.

As usual no attention was paid to this and, in 1597, Philip II was

compelled to interfere because the tribunal was issuing to excess

letters authorizing the export of wheat from Teruel--an abuse which was

doubtless abundantly profitable.[937] If this brought any amendment it

was transient. On June 16, 1606, the Diputados represented to the

tribunal that they were bound by their oaths of office, under pain of

excommunication, to enforce the laws prohibiting the export of wheat;

that, in spite of these laws, large quantities were carried to Valencia,

to the destruction and total ruin of the land, by individuals armed with

licences issued by the tribunal, wherefore they prayed that no more

licences be issued. No attention was paid to this and on January 8,

1607, they wrote again, stating that the abuse was increasing and that

they must appeal to the king and the Suprema for its suppression. This

brought an answer to the effect that the tribunal was more moderate than

it had previously been and would continue to be so as it would find

convenient, without prejudice to the rights conceded to it by the royal

cédulas and, as it was occupied in the service of God, it could

reasonably exercise those rights. The asserted rights under which it had

so long nullified the laws of Aragon were a conscious fraud for, when it

complained to the Suprema of the interference of the Diputados with its

immemorial privilege and enclosed the royal cédula conferring it, the

Suprema pointed out that this referred only to Castile and not to

Aragon; the complaints of the Diputados had been listened to and all

that could be done was to invoke the good offices of the Saragossa

tribunal to obtain permission to get fifteen hundred bushels per annum.

The Saragossa inquisitors willingly lent their aid, but in vain. They

wrote, June 6, 1608, that they had brought to bear all their influence

on the Diputados who declared that the _fuero_ prohibiting the export of

grain was too strict for them to violate it. A correspondence ensued

with the Suprema which ordered the tribunal, February 8, 1610, to

abstain, as previously ordered, but if, in any year, there should be

special necessity, it might report the quantity required when

instructions would be given. This imposed silence on it until 1618, when

another attempt was made to overcome the obstinacy of the Diputados; it

had abstained, the tribunal said, for some years from issuing licences,

in consequence of the great abuses and excesses of those to whom they

were granted, but now the sterility of the land causes great

inconveniences and it asks that the fruits of its prebends in Aragon and

its rents be invested in wheat allowed to be exported. The Diputados

however wisely refused to open the door; the law to which they had sworn

imposed heavy penalties for its infraction and they were compelled to

refuse. This was probably effectual, as far as concerned Aragon, for we

happen to find the tribunal, in 1631, obtaining from the king licence to

import two hundred and fifty bushels from Castile.[938]

IMPORTATION OF WHEAT

[Sidenote: _EVASION OF OCTROI DUTIES_]

This narrative is instructive in more ways than one. The pretence of

necessity in the service of God was as fraudulent as the claims put

forward. The whole business was purely speculative and the licences were

doubtless sold to the highest bidder through all these years. The

Valencian tribunal was at no time in need of wheat from Aragon or

Castile, for it had ample privileges at home for all its wants and it

was working these local privileges for a profit to some one. Among other

public-spirited acts of Ximenes was the founding, in 1512, of an

_alhondiga_, or public granary, in Toledo so that, as we are told in

1569, in times of scarcity the citizens could procure supplies at

moderate prices.[939] It was probably owing to this that other cities,

including Valencia, formed establishments of the kind, monopolizing the

traffic in wheat, to which the citizens resorted day by day for their

provision. When a loss occurred in the business, from a surplus over the

demand or from spoiling of the grain, it was assessed upon the citizens,

under the name of _pan asegurado_, but, in 1530, the magistrates

relieved the officials of the tribunal from sharing this burden and the

exemption is enumerated, in 1707, as still among its privileges.[940]

Another privilege, which it shared with the viceroy and the archbishop,

was that the baker who served it was the second one allowed every

morning to enter the granary and select a sack of wheat (_trigo fuerte_)

of five and a half bushels and every week a _cahiz_ (3-1/2 bushels) of

_trigo candeal_, without payment save a small tax known as _murs y

valls_--evidently for the maintenance of the city defences. This he

baked and distributed the bread among the officials and to the prison,

in allotted portions, and what was over he sold--showing that the

tribunal not only got its wheat gratuitously but more than it needed, to

somebody's profit. The amount must have been considerable, for the

bakers complained of the unfair competition of the favored baker and, in

1609, the city endeavored to put an end to the abuse, but without

success. The matter slumbered until 1627, when the city obtained a royal

cédula abolishing the privilege of taking the wheat, but obedience to

this was refused because it had been issued without preliminary notice

to the other side and without a junta or conference between the Suprema

and the Council of Aragon. Then the city ordered the baker no longer to

go to the granary for wheat and the aggrieved Suprema complained loudly

to the king, urging him to consider the services to God and the tonsure

of the inquisitors and not to allow these holy labors to be interrupted

by the necessity of going personally to the granary. To this Philip

replied by ordering the fueros to be observed, which was virtually a

confirmation of his cédula, but this seems to have been similarly

disregarded, for, in 1628 we find the city again endeavoring to put an

end to the collateral abuse of the sale of the surplus bread and the

tribunal busily engaged in gathering testimony to prove that this had

publicly been the custom from time immemorial. In proving this, however,

it also proved unconsciously how fraudulent had been the claim that it

had been in need of wheat from Aragon.[941]

This commercial development of the Inquisition led it to utilize its

exemption from taxation and octroi duties by opening shops for the

necessaries of life, causing violent quarrels with the cities whose

revenues were impaired and whose laws were ostentatiously disregarded.

Among a number of cases of this in the records, a series of occurrences

in Saragossa will illustrate this phase of the activity of the Holy

Office. A large part of the local revenues of the city was derived from

a monopoly of wine, meal and provisions and no citizen was allowed to

bring these articles within the gates. The Aljafería, occupied by the

tribunal, was situated a few hundred feet beyond the walls; the

inquisitors assumed that they were not bound by the municipal

regulations; they introduced what they pleased into the town and the

authorities complained that they maintained in the Aljafería a public

meat-market, a tavern and a shop where citizens could purchase freely to

the infinite damage of the public revenues. The Córtes of 1626 demanded

that affairs should be reduced to what they had been prior to the

troubles of 1591, when the Aljafería was garrisoned with soldiers,

giving rise to profitable trade, but the Suprema prevented the royal

confirmation of the acts of the Córtes and the matter was left open.

This led to troubles which came to a head, September 21, 1626, when a

load of wine for the tribunal on entering the city was seized under the

law by the guard and taken to the house of one of the jurados or

town-councillors. At once the inquisitors issued letters demanding its

release under pain of excommunication and a thousand ducats. The jurados

lost no time in forming the _competencia_, which, in accordance with the

existing Concordia, was the method provided for deciding such contests,

but the inquisitors refused to join in it, asserting that there could be

no competencia, as it was a matter of faith and impeding the Inquisition

in the exercise of its functions. They arrested and imprisoned one of

the guards, notwithstanding that he had letters of _manifestacion_ from

the court of the Justicia of Aragon--a species of habeas corpus of the

highest privilege in Aragon, which was traditionally venerated as the

palladium of popular liberty--and the next day they seized three more

who were likewise _manifestados_. The incensed magistrates applied to

the Justicia and to the Diputados, to release by force the prisoners

from the Aljafería and there was prospect of serious disorder. The

Governor of Aragon, however succeeded in getting himself accepted as

umpire by both sides and temporarily quieted them by the compromise that

the wagon, mules and wine should be delivered to him, that the prisoners

should be surrendered through him to the city and that the comminatory

letters should be withdrawn, all this being without prejudice to either

party. He wrote earnestly to the king, pointing out the imminent danger

of an outbreak and the necessity of a decision that should avert such

perils for the future; if the assumption that such questions were

matters of faith were admitted, the inquisitors could refuse all

competencias, which would annul the Concordia and destroy the royal

jurisdiction. The city also addressed him, saying that the inquisitors

had refused to abstain from further action pending his decision and if

these pretensions were admitted they would be unable to pay him the

servicio which had been granted.[942]

[Sidenote: _SALT AND BAKE-OVEN_]

This resulted in a compromise, agreed upon between the Suprema and the

Council of Aragon, under which the city obligated itself to supply the

tribunal with meat, wine and ice. It was impossible however to compel

the Inquisition to observe compacts. Fresh complaints arose, the nature

of which is indicated by a decree of Philip IV, June 17, 1630, requiring

the Suprema to order the inquisitors to keep to the agreement and not to

sell any portion of the provisions furnished and further to stop the

trade carried on in some little houses in the Aljafería where the

municipal supervisors could not inspect them. This resulted in a fresh

agreement of December 7, 1631, under which the city bought for three

thousand crowns the _casa de penitencia_, or prison for penitents, and

engaged to maintain in it shops to the sale of meat and ice to the

inhabitants of the Aljafería at the prices current in the town.[943]

Probably this quieted the matter, but before long the irrepressible

inquisitors started another disturbance. The salt-works of Remolinos and

el Castellon belonged to the royal patrimony and were farmed out under

condition that no other salt should be sold or used in Saragossa and

some other places under heavy fines. To enforce this there were

commissioners empowered to investigate all suspected places, even

churches not being exempt. In 1640 a party in the city was found to be

selling salt and confessed that he obtained it from the gardener of the

Aljafería. The commissioner, Baltasar Peralta, went there with a

scrivener and in the gardener's cottage they found two sacks, one empty,

the other nearly full of salt, with a half-peck measure. They announced

the penalty to the gardener's wife and proceeded to enforce it in the

customary manner by seizing pledges--in the present case, three horses.

The inquisitor, who had doubtless been sent for, came as they were

leading the horses away, forced the surrender of the horses and salt and

told them that they should deem themselves lucky if they were not thrown

in prison. Thereupon the royal advocate-fiscal of Aragon, Adrian de

Sada, reported the case to the king, adding that it was learned that the

coachman of one of the inquisitors was selling salt from the salt-works

of Sobradiel. He pointed out that, if the servants of the Inquisition

could sell salt freely and the royal officials be deterred by threats

from investigation, the revenue would be seriously impaired, for no one

would venture to farm the salt-works, and he asked for instructions

before resorting to proceedings which might disturb the public peace, as

had happened on previous occasions. The matter was referred to the

Council of Aragon, which advised the king to issue imperative commands

that the inquisitors should not obstruct the detection and punishment of

frauds, for their cognizance in no way pertained to the Holy

Office.[944]

The Saragossa tribunal had a still more prolonged and bitter dispute

with the city over the bake-oven of the Aljafería. This belonged to the

crown and, at some time prior to 1630, Philip IV made it over to the

tribunal which was pleading poverty. Its use of the privilege soon

brought it into conflict with the city, but a complicated arrangement

respecting it was included in the agreement of December 7, 1631,

requiring the baker to purchase at least seventy bushels of wheat per

month from the public granary, with certain restrictions as to the

places whence he could procure further supplies. In 1649 we chance to

learn that the oven was farmed out for six thousand reales per annum and

in 1663, a lively conflict arose because the tribunal had granted a

lease which was not subject to the restrictions of 1631. Then again, in

1690, the trouble broke out afresh, each side accusing the other of

violating the agreement. All the authorities, from the king and viceroy

down, were invoked to settle it; there were fears of violence but, May

1, 1691, the tribunal reported to the Suprema that a compromise had been

reached on satisfactory terms.[945]

The independent spirit of Aragon caused it to suffer less from the

mercantile enterprises of the Inquisition than the more submissive

temper of Castile. In 1623 there was a flagrant case in Toledo, arising

from a butcher-shop established by the tribunal in violation of the

municipal laws. Its violent methods triumphed and Don Luis de Paredes,

an alcalde de corte, sent thither to settle the matter, was disgraced

for attempting to restrain it. This called forth an energetic protest

from the Council of Castile, which boldly told the king that he should

not shut his eyes to the fact that the inquisitors were extending their

privileges to matters beyond their competence, with such prejudice to

the public weal that they were making themselves superior to the laws,

to the government and to the royal power, trampling on the judges,

seizing the original documents, forcing them to revoke their righteous

acts, arresting their officials and treating them as heretics because

they discharged their duty.[946]

[Sidenote: _SEIZURE OF PROVISIONS_]

In procuring provisions, whether for consumption or sale, besides the

freedom from local imposts, the Inquisition had the further advantage of

employing coercive methods on unwilling vendors and of disregarding

local regulations and prohibitions. As early as 1533 the Aragonese, at

the Córtes of Monzon, took the alarm and petitioned that the statutes of

the towns, when short of bread-stuffs and provisions, should be binding

on officials of the Inquisition, to which the emperor's reply was the

equivocating one customary when evading confirmation.[947] The

significance of this is manifested by a _carta acordada_ of 1540,

authorizing the tribunals to get wheat in the villages for their

officials and prisoners and, if the local magistrates interfere, to

coerce them with excommunication. Yet inquisitorial zeal in using this

permission sometimes overstepped the bounds and, in this same year, the

Suprema had occasion to rebuke a tribunal which had issued orders to

furnish it with wheat under pain of a hundred lashes, for it was told

that, in rendering such extra-judicial sentences, it was exceeding its

jurisdiction.[948] How bravely the Suprema itself overcame all such

scruples was manifest when laws of maximum prices, and the heavy

discount on the legal-tender spurious vellon coinage, rendered holders

of goods unwilling to part with them at the legal rates. It issued,

February 14, 1626, to its alcalde, Pedro de Salazar, an order to go to

any places in the vicinage and embargo sheep and whatever else he deemed

necessary, sufficient for the maintenance of the households of the

inquisitor-general and of the members and officials, paying therefore at

the rates fixed by law, to effect which he was empowered to call for aid

on all royal justices, who were required to furnish all necessary aid

under penalty of major excommunication _latæ sententiæ_ and five hundred

ducats. So again, on April 11, 1630, Salazar was ordered to go anywhere

in the kingdom and seize six bushels of wheat, in baked bread, for the

same households, paying for it at the established price, and all

officials, secular, ecclesiastical and inquisitorial, were required to

assist him under the same penalties.[949] This was an organized raid on

all the bakeries of Madrid, and Salazar was more scrupulous than the

average official of the time if he did not turn an honest penny by

taking bread on his own account at the legal rate and selling it at the

current one.[950]

The tribunal of Valencia enjoyed another privilege in the important

matter of salt, the royal monopoly of which rendered it so costly to the

ordinary consumer. Every year the tribunal issued an order to the

farmers of the salt-works, commanding them, under pain of

excommunication and fifty ducats, to deliver to the receiver of

confiscations twelve cahizes (about forty-two bushels) of refined salt,

at the price of eight reales the cahiz, and the custom-house officials

were summoned, under the same penalties, to let it pass without

detention or trouble for the service of God. The salt was duly

apportioned among the officials at this trivial price, each inquisitor

getting four bushels down to the messengers who received two-thirds of a

bushel, and even _jubilado_ officials had their portion. When or how

this originated is unknown; in 1644 it seems established as of old date

and it continued until 1710, when the new dynasty brought it to a sudden

conclusion. The Council of Hacienda reported it to the king, as though

it were a novelty just discovered, pointing out that the eight reales

were less than the cost of transport from the works to the magazines;

that the manufacture was a monopoly of the regalías and the price

charged was in no respect a tax or impost, but was regulated by the

necessities of the national defence; that no other tribunal in Spain,

secular or ecclesiastic, made such a demand, while the publication of

censures against royal officials was dangerous in those calamitous

times. This aroused Philip, who ordered a prompt remedy. The Suprema no

longer ventured an opposition or remonstrance, but wrote immediately to

Valencia expressing its surprise; the demand must be withdrawn at once;

if any censures had been published they must be revoked and no such

demonstration should have been made without previous consultation.[951]

It would be superfluous to adduce further examples of the manner in

which the tribunals abused their power for unlawful gains and benefits,

and we can readily conceive the exasperation thus excited, even among

those most zealous in the extermination of heresy.

* * * * *

[Sidenote: _BILLETING TROOPS_]

Few of the privileges claimed by the Inquisition gave rise to more

bickering and contention than its demand that all connected with it

should be exempt from the billeting of troops and the furnishing of

_bagages_ or beasts of burden for transportation. The subject is one of

minor importance, but it furnishes so typical an illustration of

inquisitorial methods that it is worthy of examination somewhat in

detail. Under the old monarchy the _yantar_ or _droit de gîte_, or right

to free quarters, was an insufferable burden. Almost every Córtes of

Leon and Castile, from the twelfth century complained of it

energetically, for it was exercised, not only by the royal court in its

incessant peregrinations, but by nobles and others who could enforce it,

and it was accompanied by spoliation of every kind, while the

impressment of beasts of burden was an associated abuse and even the

lands of the Church were not exempt.[952] The more independent Aragonese

were unwilling to submit to it, and a fuero of the Córtes of Aleañiz, in

1436, provided that the courtiers and followers of the king should pay

all Christians in whose houses they lodged.[953] When the Inquisition

was founded and was to a great extent peripatetic, its officials

apparently claimed free quarters, for a clause in the Instructions of

1498 provides that where a tribunal was set up they should pay for their

accommodations and provide their own beds and necessaries.[954] When

travelling, a decree of Ferdinand, October 21, 1500, repeated in 1507,

1516, 1518, 1532, and 1561, provided that they should have gratuitous

lodging and beds, with food at moderate prices.[955] The frequent

repetition of this indicates that it aroused opposition and, in 1601,

when the inquisitor of Valencia was ordered to go at once on a

visitation of Tortosa, he was told not to oppress the city by demanding

free quarters but to lodge decently in a monastery or in the house of

some official.[956]

Furnishing free quarters however was different from enjoying them. The

old abuses gradually disappeared with the settled habitations for kings

and tribunals, but the change in military organization, with standing

armies, gave rise to others which, if more occasional, were also more

oppressive--the billeting of troops. When Louis XIV resorted to the

_dragonnades_--the quartering of dragoons on Huguenot families--as an

effective coercion to conversion, it shows how severe was the

infliction. The rebellion of Catalonia, in 1640, had for its proximate

cause the outrages committed by troops quartered for the winter in

places insufficient for their support, culminating in their burning the

churches of Riu de Arenas and Montiró.[957] The massacre in Saragossa,

December 28, 1705, of the French troops in the service of Philip V, had

the same origin.[958]

As the pay of Spanish armies was habitually in arrears and the

commissariat system imperfect, it can be realized how valuable was the

privilege of exemption from entertaining these uninvited guests and

providing them with transportation when they departed. In the war with

Portugal, in 1666, Galicia suffered so seriously that we are told a

company of cavalry was worth to its captain two thousand ducats in

ransoms, from outrage.[959] That the Inquisition should claim such

exemption was to be expected, for it was one of the privileges of

hidalgos, but the earliest allusion to it that I have met occurs in

1548, when Inquisitor-general Valdés ordered that no billets must be

given on houses occupied by inquisitors or officials, even though not

their own or during their absence, for their clothes were in them.[960]

What authority he had to issue such a command it might be difficult to

say, but it indicates that the exemption was an innovation and, as it

refers only to salaried officials, it infers that the numerous

unsalaried ones were not entitled to the privilege, which is further

proved by the fact that, in the Castilian Concordia of 1553, regulating

the exemptions of familiars, there is no allusion to billeting. The

action of Valdés, however, settled the matter as far as the salaried

officials were concerned and even the Aragonese Córtes of 1646, which

greatly limited the claims of the Inquisition, admitted that they had

the same privileges as hidalgos.[961]

[Sidenote: _BILLETING TROOPS_]

The determination with which this was enforced is seen in a case in

1695, when Inquisitor Sanz y Múñoz of Barcelona threatened with

excommunication and a fine of two hundred libras the town-councillors of

Manlleu if they should assign quarters in a country-house belonging to

the portero of the Inquisition, although it was occupied by a peasant

who worked on the land. The councillors appealed for protection to the

Audiencia, or royal court, which invited the inquisitor to settle the

matter amicably in the prescribed form of a competencia, but he treated

the overture with such contempt that he promptly issued a second

mandate, under the same penalties, and summoned the councillors to

appear before him as having incurred them. The Audiencia made another

attempt at pacification to which he replied that he proposed at once to

declare the councillors as publicly excommunicated. The Diputados of

Catalonia thereupon protested vigorously to the king that, while all the

rest of the people were patriotically united in aiding the war, and the

gentry had voluntarily foregone their privilege of exemption, the

officials and familiars of the Inquisition were exciting tumults and

riots in their efforts to extend exemptions to those who had no

claim.[962]

The chief trouble arose with the unsalaried officials, especially the

multitudinous familiars, who had no claim to exemption. The Barcelona

tribunal seems to have started it, for one of the complaints made to de

Soto Salazar, on his visitation of 1567, was that the inquisitors

forbade the quartering of soldiers in the houses of familiars; in his

report he suggested that it should be done when necessary and the

Aragonese Concordia of 1568 followed this idea by prohibiting

inquisitors to support familiars in refusing to receive men assigned to

them when there were no other houses to receive them.[963] There was

evidently no recognized exemption but a steady effort to establish one,

while the familiars complained that the hatred felt for them led to

their being oppressed with billets when others went free. To remedy this

Philip II, in a cédula of February 21, 1576, ordered that no

discrimination should be made against them, but that they should be

placed on an equality with justicias and regidores who were not called

upon to furnish quarters until all other houses were occupied.

Complaints continued and he advanced a step, February 22, 1579, by

decreeing that for three years, in towns of upwards of five hundred

hearths, familiars should be exempt from billeting and furnishing

transportation; in smaller towns, one-half should be exempted and where

there was but one he should be exempt. This was renewed frequently for

three years at a time and as frequently was overlooked, but this made

little difference for we are told by an experienced inquisitor that it

was always assumed to be in force and, when a familiar complained of a

billet, the tribunal would issue a mandate ordering his relief within

three hours under a penalty of 100,000 mrs.; if the exemption was in

force, a copy of the cédula was included in the mandate, if it was not

it still was quoted as existing in the archives of the tribunal.[964]

There were few questions which gave rise to more embroilment than this.

Both sides were unscrupulous; the privilege excited ill-will, it was

evaded by the authorities wherever possible and the tribunals were kept

busy in defending their familiars with customary violence. At length, in

1634, the necessities of the state were pleaded by Philip IV as his

reason for withdrawing all exemptions--a measure which he was obliged to

repeat more than once.[965] It is somewhat remarkable therefore that,

when the Córtes of Aragon, in 1646, succeeded in greatly abridging the

privileges of familiars, they were included with the salaried officials

in the exemption from billets. This did not avail them much for we are

told that, in the changes effected by the Córtes, the terror felt for

the Inquisition was so greatly diminished that there was scant ceremony

in imposing on its officials; that the familiars were singled out to

have two or three soldiers quartered on them and when they complained

the tribunal ventured no more than to instruct its commissioner to use

persuasion.[966] Catalonia was not so fortunate and strife continued

with the usual bitterness. As a frontier province, in war time it was

occupied with troops and there were abundant opportunities for friction.

In 1695 the Diputados complained that, as the only mode of escaping

billets was to become a familiar, many had themselves appointed,

although there was already an innumerable multitude, and that even when

the local magistrates were compelled to receive soldiers, the familiars

refused, in contempt of the royal orders.[967]

[Sidenote: _BILLETING TROOPS_]

The War of Succession brought fresh necessities and the change of

dynasty was unfavorable to the Inquisition in this as in so much else. A

royal decree of February 11, 1706, abolished all exemptions but, as a

favor to the Inquisition, four of its officials were excepted in towns

and twenty in cities that were seats of tribunals. The Suprema accepted

this cheerfully but, when a decree of January 19, 1712, revoked all

exemptions, it remonstrated and was told that, while the king recognized

the claims of the Inquisition to all the privileges granted by his

predecessors, the existing urgency required the withdrawal of all

exemptions and, as the law was absolute, he could make no exceptions.

Although this covered the salaried officials, it seems to have been the

familiars who complained the loudest; possibly now that the tribunals

could no longer protect them they were exposed to special

discrimination. It was a question of money, however, rather than of

hardship, for a system of composition had been developed under which by

paying the _cuartel_ or _utensilio_--an assessment proportioned to the

wealth of the individual--the billet was escaped.[968] When the urgency

of immediate peril was passed these decrees were either withdrawn or

became obsolete. The claim of exemption revived and with it the active

efforts of the tribunals to protect those whose exemptions were

disregarded and to punish the officials who disregarded them.[969]

In 1728 Philip V made a well-intentioned attempt to relieve the

oppression of the poor arising from the numerous classes of officials

who claimed exemption from the common burdens, including the billeting

of troops. As for the familiars, he says, who all claim exemptions and

give rise to disturbances, attacks on the local magistrates, with

excommunications and other penalties, and perpetual competencias, all

this must cease. Yet he admits their exemption and only insists that it

must be confined to the number allowed by the Concordia of 1553; that

limitation had never been observed and the inquisitors had appointed

large numbers in excess of it, in spite of perpetual remonstrance, and

Philip now ordered that tribunals should not issue certificates to more

than the legal number and should not take proceedings against the local

magistrates.[970] As usual the royal orders were disregarded. The

tribunal of Valencia threatened with excommunication and fine the

magistrates of Játiva and San Mateo, at the instance of some familiars

on whom soldiers had been quartered, and, on learning this, Philip

addressed the Suprema in 1729 stating that the records showed that

familiar were entitled to no exemption; even if they were, the tribunal

had exceeded its powers in employing obstreperous methods in defiance of

the royal decrees. There must be no competencia; the Valencia tribunal

must be notified not to exceed its jurisdiction and the Suprema itself

must observe the royal orders. After the delay of a month, the Suprema

forwarded the royal letter to Valencia, sullenly telling the tribunal to

report what could be done and not to act further without orders.[971]

For two centuries the Inquisition had been accustomed to obey or to

disregard the royal decrees at its pleasure and to tyrannize over the

local authorities. The habit was not easily broken and it was hard to

conform itself to the new order of things. A formulary of about 1740

contains a letter to be sent to magistrates granting billets on

familiars, couched in the old arrogant and peremptory terms and

threatening excommunication and a fine of two hundred ducats. Familiars,

it says, are not to furnish quarters and beasts of burden, except in

extreme urgency when no exemptions are permitted, and this it assumes to

be in accordance with the royal decrees, including the latest one of

November 3, 1737.[972] I can find no trace of a decree of 1737 and we

may assume that it was this obstinacy of the Inquisition that induced

Philip, in 1743, to reissue his decree of 1728 with an expression of

regret at its inobservance and the disastrous results which had ensued;

he added that, when the houses of the non-exempt were insufficient for

quartering troops, they could be billeted on hidalgos and nobles.[973]

[Sidenote: _BEARING ARMS_]

The Inquisition still adhered to its claims, but Carlos III taught it to

abandon its comminatory style. When, in 1781, the authorities of

Castellon de la Plana billeted troops on familiars, the Valencia

tribunal adopted the more judicious method of persuading the

captain-general that they were to be classed with hidalgos and he issued

orders to that effect. This did not please Carlos III, who brushed aside

the claim to exemption by a peremptory order that the familiars of

Castellon de la Plana should subject themselves to the local government

in the matters of billets and that there should be no change until he

should issue further commands.[974]

This would seem in principle to abrogate all claims to exemption, but

Spanish tenacity still held fast to what it had claimed and, in 1800,

when José Poris, a familiar of Alcira, complained that the governor had

quartered on him an officer of the regiment of Sagunto, the Valencia

tribunal took measures for his relief.[975] The times were adverse to

privilege, however, and in 1805 the Captain-general of Catalonia sent a

circular to all the towns stating that familiars were not exempt. The

magistrates accordingly compelled them to furnish quarters and beasts of

burden, and, when the tribunal complained to the captain-general and

adduced proofs in support of its claims, he responded with the decrees

of 1729 and 1743, which he assumed to have abrogated the exemption and

he continued to coerce the familiars. The same process was going on in

Valencia and, when that tribunal applied to Barcelona for information

and learned the result, it ordered its familiars to submit under

protest. Then followed a royal cédula of August 20, 1807, limiting

strictly what exemptions were still allowed; the Napoleonic invasion

supervened and under the Restoration I have met with no trace of their

survival.[976]

* * * * *

Another privilege which occasioned endless debate and contention was the

right of officials and familiars to bear arms, especially prohibited

ones. This was a subject which, during the middle ages, had taxed to the

utmost the civilizing efforts of legislators, while the power assumed by

inquisitors to issue licences to carry arms, in contravention of

municipal statutes, was the source of no little trouble, especially in

Italian cities.[977] The necessity of restriction, for the sake of

public peace, was peculiarly felt in Spain, where the popular temper and

the sensitiveness as to the _pundonor_ were especially provocative of

deadly strife.[978] It would be impossible to enumerate the endless

series of decrees which succeeded each other with confusing rapidity and

the repetition of which, in every variety of form, shows conclusively

how little they were regarded and how little they effected. Particular

energy was directed against _armas alevosas_--treacherous weapons--which

could be concealed about the person. In the Catalan Córtes of 1585,

Philip II denounced arquebuses, fire-locks and more especially the small

ones known as pistols, as unworthy the name of arms, as treacherous

weapons useless in war and provocative of murder, which had caused great

damage in Catalonia and had been prohibited in his other kingdoms. They

were therefore forbidden, not only to be carried but even to be

possessed at home and in secret, and against this no privilege should

avail, whether of the military class or official or familiar of the

Inquisition or by licence of the king or captain-general, under penalty

for those of gentle blood of two years' exile, for plebeians of two

years' galley-service, and for Frenchmen or Gascons of death, without

power of commutation by any authority. Three palms, or twenty-seven

inches of barrel, was the minimum length allowed for fire-arms in

Catalonia and four palms in Castile. Philip IV, in 1663, even prohibited

the manufacture of pistols and deprived of exemptions and fuero those

who carried them, while as for poniards and daggers, Philip V, in 1721,

threatened those who bore them with six years of presidio for nobles and

six years of galleys for commoners.[979]

[Sidenote: _BEARING ARMS_]

These specimens of multitudinous legislation, directed against arms of

all kinds, enable us to appreciate how highly prized was the privilege

of carrying them. In an age of violence it was indispensable for defence

and was equally desired as affording opportunities for offence. That the

Inquisition should claim it for those in its service was inevitable and

it had the excuse, at least during the earlier period, that there was

danger in the arrest and transportation of prisoners and in the enmities

which it provoked, although this latter danger was much less than it

habitually claimed. The old rules, moreover, were well known under which

no local laws were allowed to interfere with such privilege,[980] and

the Inquisition had scarce been established in Valencia when the

question arose through the refusal of the local authorities to allow

its ministers to carry arms. Ferdinand promptly decided the matter in

its favor by an order, March 22, 1486 that licences should be issued to

all whom the inquisitors might name--for the time had not yet come in

which the inquisitors themselves issued licences.[981] Probably

complaints arose as to the abuse of the privilege for the instructions

of 1498, which were principally measures of reform, provided that, in

cities, where bearing arms was forbidden, no official should carry them

except when accompanying an inquisitor or alguazil.[982] As indicated by

this, policy on the subject was unsettled and it so remained for a

while. November 14, 1509, Ferdinand ordered that the ministers of the

Sicilian Inquisition should not be deprived of their arms; June 2, 1510,

he thanked the Valencia tribunal for providing that its officials should

go unarmed, for, by the grace of God, there is no one now who impedes or

resists the Inquisition and, if there were, the royal officials or he in

person will provide for it; then, in about three months, on August 28th,

he wrote to the Governor of Valencia that the salaried officials of the

tribunal, with their servants and forty familiars should enjoy all the

prerogatives of the Holy Office and were not to be deprived of their

arms.[983]

We see in all this traces of general popular opposition to exempting

inquisitorial officials from the laws forbidding arms-bearing. This was

stimulated by the difficulty of preventing the exemptions from being

claimed by unauthorized persons without limit, leading Catalonia, in the

Concordia of 1512, to provide that officials bearing arms could be

disarmed, like other citizens, unless they could show a certificate from

the tribunal, and further that the number of familiars for the whole

principality should be reduced to thirty, except in cases of

necessity.[984] Although this Concordia was not observed,

Inquisitor-general Mercader, in his instructions of August 28, 1514,

admitted the necessity of such regulations by prohibiting the issue of

licences to bear arms; by reducing the overgrown number of familiars to

twenty-five in Barcelona and ten each in Perpignan and other towns, by

permitting the disarmament of those who could not exhibit certificates

and by endeavoring to check the fraud of lending these certificates by

requiring them to swear not to do so and keeping lists whereby they

could be identified.[985]

The right of arming its familiars, thus assumed by the Inquisition was

by no means uncontested. We have seen how the Empress Isabella when in

Valencia, in 1524, ordered the arms taken from them and broken, leading

to a protest from Inquisitor-general Manrique, who asserted this to be a

privilege enjoyed since the introduction of the Inquisition. In spite of

this Charles V, by a cédula of August 2, 1539, ordered inquisitors to

prohibit the use of arms by familiars.[986] The matter remained a

subject of contest for some years more. In 1553 there were quarrels

concerning it between the Valencia tribunal and the local authorities,

but the Concordia of 1554 admitted the right unreservedly.[987]

By this time, in fact, it was generally recognized, but this, in place

of removing a cause of discord only intensified and multiplied it. The

right to bear arms could scarce be held to include weapons which were

prohibited to all by general regulations, yet the authorities had no

jurisdiction over familiars to enforce them. Thus when flint-lock

arquebuses were prohibited and the Viceroy of Valencia included

familiars in a proclamation on the subject, in 1562, Philip II called

him to account, telling him that the order must come from the

inquisitors and, in 1575 he repeated this to the Viceroy of

Catalonia.[988] The Suprema might decide that familiars were included in

prohibitory decrees and that inquisitors must issue the necessary

orders, as it did, in 1596, with regard to one respecting daggers and in

1598 to one forbidding fire-locks and pistols at night,[989] but the

tribunals had no police to enforce these orders and, when the secular

authorities undertook to do so, inquisitors were prompt to resent it, in

their customary fashion, as a violation of the immunities of the Holy

Office.

[Sidenote: _BEARING ARMS_]

Even more fruitful of trouble was the fact that it was impossible to

make the inquisitors respect the limitations imposed by the Concordias

on the number of familiars and consequently to obey the rule of

furnishing lists of them to the authorities so that they might be known.

Appointments were lavished greatly in excess of all possible needs and

without informing the magistrates--often, indeed, without keeping

records in the archives. The familiar might or might not carry with him

the evidence of his official character but, whether he did so or not,

his arrest or disarmament was violently resented, and the ordinary

citizen when caught offending was apt to claim that he was a familiar in

hopes of being released. How exasperating to the civil authorities was

the situation may be gathered from a case occurring in Barcelona, in

1568. The veguer, on his nightly rounds, arrested Franco Foix, whom he

found armed with a coat of mail, sword, buckler and dagger. The culprit

claimed to be a familiar and the veguer obediently handed him over to

the tribunal. He proved not to be one, but, instead of returning him,

the inquisitors fined him in forty-four reales for their own benefit

(presumably as a penalty for personating an official) and restored to

him his forfeited arms.[990] When the laws were thus openly set at

defiance, conditions were eminently favorable for quarrels, even without

the violent mutual animosity everywhere existing between the tribunals

and the civil authorities; collisions were correspondingly frequent and

were fought to the bitter end.

It would be wearisome to multiply cases illustrating the various phases

of these quarrels which occupied the attention of the king and his

councils in their settlement. A single one will suffice to show the

spirit in which they were conducted on both sides. In 1620, by order of

the tribunal of Valencia, acting in its secular capacity and not in a

matter of faith, the commissioner at Játiva arrested a man and sent him

to Valencia under the customary guard of relays of familiars. One of

these named Juan López, armed with a prohibited flint-lock, was

conveying him, on February 23d, when at Catarroja, about a league from

the city, some armed alguaziles, in the service of Dr. Pedro Juan

Rejaule, a judge on the criminal side of the Audiencia, arrested him,

taking away his weapon and carrying him to Dr. Rejaule's house.

Disregarding his documents, Rejaule told him that he could not be

released without giving bail to present himself to the viceroy and, as

he was unable to furnish it he was handed as a prisoner to the local

magistrates. On learning the event the inquisitors applied to the regent

of the Audiencia who ordered the release of López, which was effected

and Rejaule visited the tribunal, admitted that he had been in error and

promised in future to observe all necessary respect. In spite of this

the inquisitors proceeded to try him for impeding the Inquisition,

ordered him to keep his house as a prison under pain of three hundred

ducats, and threw into the secret prison as though they were heretics,

the four alguaziles who had made the arrest. When notice of this was

served on Rejaule he protested that the inquisitors were not his judges

and that he would appeal, whereupon the additional indignity was

inflicted upon him of posting two guards in his house with orders to

keep him in sight.

[Sidenote: _BEARING ARMS_]

This produced a crisis. The viceroy assembled in his palace all three

_salas_ or branches of the Audiencia, where the matter was fully

discussed and it was resolved to release Rejaule and hold the two guards

as hostages for the imprisoned alguaziles. At 2 A.M. Dr. Morla went with

halberdiers furnished by the viceroy, seized and handcuffed the guards

and brought Rejaule to his brother judges. At the same time a scrivener

of the court had been sent to the inquisitor Salazar with a message from

the viceroy to the effect that, as the offence had not been in a matter

of faith, Rejaule was justiciable only by the king; if the Inquisition

held otherwise a competencia could be formed; the Audiencia had decided

that Rejaule and the alguaziles must be released and the guards be held

until this was done. The scrivener also presented a petition of appeal

to the pope, or to whomsoever was judge, and demanded _apostolos_ or

letters to that effect. To this Salazar replied in writing that the

arrests had been made for matters incident to and dependent upon affairs

of the faith, in which the Inquisition had exclusive jurisdiction and

could admit no competencia; he could say no more as to the cause of the

arrests without violating the secrecy of the Inquisition and incurring

excommunication and he begged the viceroy not to interfere in a matter

concerning so greatly the service of God and the king. At 4 A.M. the

scrivener returned with this reply to where the viceroy and judges were

waiting. At the magic word "faith," however fraudulently employed, all

opposition vanished. By six o'clock Dr. Morla had taken Rejaule back to

his house and had replaced the guards and, at the same time, the

scrivener bore to the inquisitors a note from the viceroy saying that,

as they had certified that it was a matter of faith, the Audiencia had

restored everything to its previous condition and he offered not only

not to impede the Inquisition but to show it all aid and favor.

The case was thus transferred to the court, where the Suprema on one

side and the Council of Aragon on the other, struggled for a favorable

decision from Philip III. The former evidently felt the weakness of the

claim that the faith was involved, but it argued that impeding the

Inquisition in any way conferred jurisdiction on it and Aliaga, in his

double capacity of inquisitor-general and royal confessor, added a

bitter complaint as to the manner in which the Inquisition was abused

and maltreated. To this the king replied that he wished the affair

treated with the customary moderation and mercy of the Holy Office,

especially as it was not directly a matter of faith, and whatever

sentence the Suprema resolved upon for Rejaule and the other inculpated

parties must be submitted to him before publication. Besides, he ordered

a junta of two members each of the Suprema and the Council of Aragon to

be formed and to devise a plan for the avoidance of future contention.

This assumed Rejaule's guilt and awarded the victory to the Suprema, but

it was not satisfied and presented a consulta representing the perilous

condition of the Valencia tribunal, which necessitated the punishment of

the delinquents as a warning, but Philip merely repeated his former

decision.[991]

What was Rejaule's fate we have no means of knowing, but his career was

evidently blasted, whatever may have been the so-called mercy exhibited.

As for the perilous position of the tribunal insisted on by the Suprema,

it seems to be set forth in a Petition of the syndic of the College of

Familiars, February 25, 1616, complaining of arrests and ill-treatment

and asking the tribunal to take evidence on the subject. It accordingly

did so, but while the testimony was ample as to the existence of

ill-feeling towards the familiars, in substance it amounted only to

their being deprived at night of daggers and bucklers which were

prohibited weapons, and it does not appear that any action was taken in

consequence. Complaints continued and another petition of October 30,

1626, asked that an envoy be sent to the Suprema, for which the

familiars would defray the cost, for unless some relief was had they

would resign in a body, as their position only exposed them to wrong and

insult and their privileges were set at naught.[992]

The difficulty of enforcing the laws on the people was intensified by

the privileges claimed by the familiars. They were by no means peaceable

folk and the unprivileged class naturally regarded it as a hardship to

be restricted to the use of swords when these gentry were so much more

efficiently armed. The Suprema as a rule supported its satellites. For

ten years, from 1574, it resisted, in Aragon, the enforcement on

familiars of a royal decree against carrying prohibited weapons at

night, although the Concordia of Aragon in 1568 provided that familiars

should obey the laws respecting arms and that inquisitors should not

protect them in violations. Members of all the Royal Councils were

involved in the discussion, as though it were the weightiest affair of

state and it was not until 1584 that the Suprema was induced to issue

the necessary orders, which it was obliged to repeat in 1592.[993]

Another illustration of its attitude occurs with respect to a pragmática

of great severity against the use of fire-arms, issued by Philip III,

March 14, 1613, pronouncing the mere discharge of a weapon to be a

capital offence, whether death ensued or not. It abrogated all

privileges and exemptions and conferred on the royal courts full

jurisdiction in such cases, and all this was accepted and its observance

enjoined by the Suprema. This met with such scant obedience that the

Council of Aragon in a consulta of July 31, 1632, called the king's

attention to the evils existing from the exemption of familiars and

suggested that they should not be permitted to decline the jurisdiction

of the courts for crimes committed with fire-arms. It was doubtless in

consequence of opposition by the Suprema that it was not until September

30, 1633, that Philip IV, in a cédula addressed to the Viceroy of

Valencia, ordered that, with the assent of the Councils of Aragon and of

the Inquisition, the pragmática of 1613 must be strictly observed by

which all exemptions were disallowed and offenders were triable and

punishable by the royal courts; the Inquisition must withdraw from all

pending competencias and the cases be carried to conclusion by the

Audiencia. The Suprema must have consented unwillingly to this, for it

labored with the wavering monarch and, on November 8th, he wrote

withdrawing the cédula and ordering the suspension of all cases before

the Audiencia. A few weeks later he yielded to other influences and

annulled the last letter, but added that his orders of September 30th

must be executed impartially, for the Inquisition complained that it was

enforced only against its officials and in such case he would give it a

free hand again. December 27th the Suprema sent this to the Valencia

tribunal with formal instructions to obey it, but added a confidential

letter saying that efforts would not be relaxed to persuade the king to

remit all such cases back to them; meanwhile an agreement had been

obtained from the Council of Aragon that all sentences by the Audiencia

should be referred to it before execution and the tribunal must watch

them closely and send such reports as would enable the Suprema to obtain

favorable action on them.[994]

For this endless strife, for the habitual disregard of the laws by

familiars, the Suprema was primarily responsible. It was perfectly

acquainted with the innumerable edicts specifying prohibited weapons and

forbidding the carrying of them after night-fall; it acquiesced,

ostensibly at least, in the subjection of these offences to the royal

courts and yet it encouraged familiars in the belief that it had power

to override all laws and could confer licence to violate them. The

formula of commission which it caused to be issued to familiars

contained a clause granting them full liberty to carry arms, offensive

and defensive, publicly and secretly, by day or by night, and ordering

all secular officials to abstain from interference with them, in virtue

of holy obedience and under penalty of excommunication and of fifty

thousand maravedís applicable to the expenses of the Holy Office.[995]

It could not be fuller or more explicit; there are no exceptions as to

the character of arms or allusion to the jurisdiction in these cases

granted by the king to the royal courts. When one branch of the

government thus resolutely placed itself in opposition to the sovereign

and encouraged its subordinates to resist the laws and the constituted

authorities, peace was impossible and conflicts were inevitable. Yet the

illegality of all this was admitted when, in 1634, the familiars of

Valencia held a meeting to assess themselves for a donation to be

offered to the king, in return for a privilege to bear arms, and the

Suprema instructed the tribunal to aid the movement, and again when, in

1638, a fruitless offer was made by them of twelve thousand ducats for

the revocation of legislation on the subject.[996]

[Sidenote: _BEARING ARMS_]

To crown all this, the Suprema, in 1657, reached the audacity of arguing

that the right of familiars to bear arms was imprescriptible and could

not be abrogated by any prince, for it would impede the Inquisition in

the free exercise of its functions, wherefore it denied that any

competencia could be formed in such cases; the secular authorities had

no jurisdiction and there could not even be a discussion about their

claim to interfere.[997] Philip IV had the weakness to submit to these

extravagant claims, in 1658, and to decide that the Suprema alone had

cognizance in such matters. The case in which this occurred was that of

Jaime Espejo, alcaide of the penitential prison of Valencia, arrested

for carrying pistols and it has interest for us because in it the

inquisitor, Don Antonio de Ayala Verganza, argues away all the royal

decrees and pragmáticas as not meaning what they said and proves it by

citing a vast number of cases in which, when carried up to the king, he

overruled his own legislation, invariably deciding in favor of the

Inquisition and against his own jurisdiction. He could sometimes be

brought to issue wholesome general regulations, but, when it came to

their execution, the ever-present dread of interfering with the service

of God overwhelmed him.[998]

Yet Philip promptly reversed himself for, in a despairing effort to put

an end to these interminable quarrels, he was induced to issue a royal

letter, December 23, 1659, declaring that the cognizance of infractions

of the laws respecting prohibited arms lay with the royal jurisdiction

and that no competencias should be formed in these cases. When this

letter was alleged by the royal court, in the case then pending of

Joseph Navarro, a familiar arrested for carrying a pistol, the

Inquisition in reply airily cast aside the pragmática of 1613, and its

confirmation in 1633, by asserting that both before and after those laws

it had always exercised jurisdiction over these cases, as was notorious

to every one--which was all doubtless true. As for the recent letter of

1659, it had not been issued with the assent of the Suprema; being thus

irregularly issued it should not be regarded as valid, until the king

should be supplicated to modify it, and until this was done the accused

should be surrendered to it or he could be released under bail to both

jurisdictions.[999] The vacillating monarch probably yielded again;

whether he did so or not mattered little to the Holy Office, which

regarded his decrees so lightly. The miserable business of quarrelling

over the multiplication of the laws went on and, in 1691, Carlos II

found it necessary again to prohibit the carrying of pistols and _armas

cortas_ and to deprive offenders of their claims to jurisdiction, even

if they were familiars or salaried officials of the Inquisition.[1000]

Several cases in the earlier years of Philip V seem to indicate that

this matter was an exception to the general limitation of the privileges

of the Holy Office and that there was a tendency to admit its

claims.[1001] Their final extinction, however, was not far off. In 1748,

Fernando VI prohibited all officials of tribunals, including the

Inquisition, from carrying cut-and-thrust weapons any kind; exclusive

jurisdiction in the enforcement of this was reserved for the secular

courts and all claims to _fuero_ were abolished. He confirmed and

extended this by proclamations of 1749, 1751 and 1754, with penalties

of six years in the mines for commoners and six years service in

presidio for nobles. In another of 1757 he regretted the non-observance

of these laws and ordered their irremissible enforcement without

privilege of fuero. This legislation was supplemented by Carlos III, in

1761, who included in the prohibition all fire-arms of less than four

palms length of barrel, although he conceded to gentlemen the use of

holster pistols when on horseback but not when on mule-back.[1002] Yet

the Inquisition continued to issue the old form of commissions granting

unlimited license, until the magistrates of Seville and Alcalá la Real

refused to recognize them when, in 1777, it admitted its altered

position by a modification which granted the right to carry

non-prohibited weapons, but only when on duty for the Holy Office, and

contented itself with exhorting the secular authorities not to interfere

with this.[1003]

* * * * *

[Sidenote: _MILITARY SERVICE_]

In somewhat ludicrous contrast with the belligerent spirit, indicated by

the earnest desire to carry arms, was the claim that all connected with

the Inquisition were exempt from military service. In its relations with

the State the Holy Office recognized no duties of citizenship; it only

claimed privileges. That the salaried officials, regularly employed in

the tribunals, should enjoy such exemptions was merely in accordance

with old custom, for a law of Juan II, in 1432, specifically released

from the obligation of service nearly all officials, including even

physicians, surgeons and schoolmasters.[1004] That this should apply to

the Inquisition seems to have been assumed as a matter of course in its

early days but, in 1560, the corregidor of Córdova summoned the

officials and familiars to appear in the musters; they all claimed

exemption, when the inquisitor-general upheld the appeal of the

officials but denied that of the familiars. Similar questions arose in

Murcia in 1563 and 1575, in which a similar distinction was drawn.[1005]

In Valencia, the familiars had probably been more successful, for an

article in the Concordia of 1568 provides that they must serve their

turns in guarding the coasts and that inquisitors shall not defend them

in seeking exemptions under pretext of their office.[1006] The same

question arose in Majorca and was settled by a law providing that

familiars refusing to perform guard-duty on their appointed days could

be compelled by the royal officials.[1007] Thus by common consent at

this time salaried officials were exempted while the claims of familiars

were rejected.

In the troubles of the seventeenth century, when the very existence of

Spain was threatened, the question as to officials as well as familiars

came up again and the Suprema sought to protect both classes. In 1636

and 1638, the corregidors of various cities refused to except the

officials when making up the lists for conscription, but Philip IV

decided that they were exempt.[1008] As the danger increased, in 1640,

with the rebellions in Catalonia and Portugal, and the resources of the

kingdom were strained to the utmost, all claims were disregarded. By a

cédula of September 7, 1641, Philip declared this to be a religious war,

as the rebels were allied with nations infected with heresy. Inquisitor

general Sotomayor was required to summon all officials and familiars to

organize and serve and was clothed with power to enforce it. No protest

was made against this, for it was a financial rather than a military

move; arrangements were made to commute service for cash and the Suprema

was thus aided in meeting the royal demands for contributions.[1009]

This was only a temporary truce. Philip, in a letter of February 22,

1644, to Inquisitor-general Arce y Reynoso, reported that the attitude

of the officials had excited much dissatisfaction in Galicia; he

therefore ordered that no exemptions be admitted and no excuses be

received. To this the Suprema responded with bitter complaints that in

Saragossa the lot had fallen on a messenger of the tribunal and the

widow of a notary, who were told that they must furnish substitutes, all

of which was in violation of the privileges of the Inquisition,

crippling it in its pious labors so essential to the faith and reducing

it in popular esteem to a level with other institutions. Unstable as

usual where the Holy Office was concerned, Philip abandoned his position

and admitted that salaried officials were not liable to serve or to

furnish substitutes, which the Suprema promptly conveyed to the

tribunals, cautioning them not to employ excommunication in collisions

with the royal officials until after obtaining its permission.[1010]

Even in this hour of supreme need the liability of familiars was

contested. Philip endeavored to placate the Suprema by assigning them to

garrison duty, but it remonstrated, asserting that the Inquisition could

not perform its functions if wholly deprived of them, and the cause of

religion was higher than any other. It therefore asked that no place

should be left without one, in small towns there should be two and in

larger places four. To this Philip assented, on condition that those

exempted should contribute to those who served, but the Suprema

demurred; every one could avoid service who could pay the assessment, so

this would be giving the familiars no special privileges; there could be

no question that favors shown to the Inquisition would contribute to

success in the war, for experience had demonstrated that the more

sovereigns had fostered it the more fortunate they had been. However

just was the argument it was fruitless; Philip adhered to his decision,

but when the corresponding decrees were issued, the Council of Castile

remonstrated in its turn and the distracted monarch was involved in a

fresh discussion between the two.[1011]

[Sidenote: _RIGHT TO HOLD PUBLIC OFFICE_]

The Suprema carried its point that those exempted should not contribute

to those conscripted and the arrangement remained in force. It was

repeated in a _carta acordada_ of January 14, 1668, and, when, in 1681,

a question arose in Tembleque, the Suprema cautioned the Toledo tribunal

not to issue more letters of exemption than the settlement permitted, in

order to avoid competencias which only serve to render the Holy Office

hateful and to imperil its other privileges.[1012] Carlos III seems to

have been more liberal when, in 1767, he included, in an elaborate list

of those exempt from military service, the ministers and dependents of

the Inquisition who were relieved from billets under the decree of May

26, 1728, which, it will be remembered, granted the privilege to the

number of familiars allowed under the old Concordias. Carlos IV was

more exacting for, in 1800, when regulating the conscription in minute

detail, he granted exemption only to the titular officials and took

special care to exclude familiars and other dependents.[1013] This

continued to the end. September 14, 1818, the Suprema communicated to

the tribunals a decision of the king that, in order to secure exemption

from conscription, it was not necessary to exhibit a royal commission,

but one from the inquisitor-general or Suprema sufficed.[1014] Evidently

the local tribunals were no longer allowed to issue certificates of

exemption.

* * * * *

The right of officials and familiars to hold secular offices raised

questions that caused no little debate. It was evidently of advantage to

the Inquisition that those who were bound to it and enjoyed its

exemptions should be in positions of influence where they could guard

its privileges and promote their extension. On the other hand, for these

very reasons, the people were jealous of office-holding by its ministers

and dreaded to have their local authorities relieved of responsibility

through their claim on the _fuero_ or jurisdiction of the Inquisition.

Had these local positions been elective, popular good sense could have

averted the danger, but they were awarded by lot, the names of those

deemed eligible being placed in a _bolsa_ or bag--a process known as

_insaculacion_--and drawn forth.[1015]

The earliest instance I have met of a refusal to include officials of

the Inquisition among the eligibles occurs in 1503, when Ferdinand wrote

to his Lieutenant-general of Majorca that he was astonished to learn

that the names of Pere Prat, his son Pere Prat, Carman Litra and

Gerónimo Serma had not been insacculated because they held office in the

Inquisition; it should rather be a recommendation; they must not be thus

dishonored and their names must at once be put in the bolsa.[1016]

Doubtless Ferdinand's watchfulness preserved this privilege for

officials during his life, but subsequently popular feeling must have

manifested itself by their exclusion, for, in 1523, Charles V forbade

it in an edict and he followed this by a special pragmática, May 30,

1524, asserting their eligibility to public office in all his dominions

and for all future time, under pain of the royal wrath and of two

thousand florins, but he provided that they should not be entitled to

the jurisdiction of the Inquisition for official malfeasance.[1017]

Notwithstanding this, Philip II was obliged to issue special

instructions on the subject to Sardinia in 1552 and to Navarre in

1558.[1018]

In this, as in so much else, the Catalans were especially intractable.

Córtes of the three kingdoms of Aragon were held in 1553, in which

Catalonia alone took up the matter and adopted a law, confirmed by

Prince Philip, prescribing that no bayle or his lieutenant, or judge, or

scrivener could be a familiar, nor could he accept office after his term

of service had expired.[1019] This received scant obedience, nor did the

Inquisition pay attention to the clause in the pragmática of 1524

depriving it of cognizance of official malfeasance. One of the

complaints of the royal Audiencia to de Soto Salazar, in his visitation

of the Barcelona tribunal in 1566, was that it assumed jurisdiction in

all such cases. Salazar recommended that this should be forbidden, for

it impeded the proper administration of the towns, and officials could

not be punished for violating local ordinances about bread, vineyards,

meadows, breaking irrigating canals to water their lands, and

multitudinous other derelictions.[1020]

[Sidenote: _RIGHT TO HOLD PUBLIC OFFICE_]

Catalonia refused to accept the Concordia of 1568 and, in 1585, the

Córtes re-enacted the provisions of 1553 in an enlarged form, including

almost all offices, and subjecting violation to a penalty of two hundred

ducats, which was confirmed by Philip II.[1021] This seems to have been

enforced for, in 1586, a memorial from the Bishop of Segovia says that

in Catalonia the names of all officials of the Inquisition were removed

from the lists of eligibles, that commissioners and familiars were

resigning and that every day withdrawals were received from applicants,

so that the tribunal would be crippled and the Córtes could have

contrived nothing more damaging.[1022] The Catalans held good, despite

the earnest efforts of the Holy Office, which declared long afterwards

that this was the severest blow that it had ever received. In the Córtes

of 1599 the battle was renewed after elaborate preparations by the

inquisitors. On June 30th the king presented a series of articles, in

response to those submitted to him by the Córtes, and among them was one

declaring officials and familiars eligible to all offices, but the

Catalans would have none of it. In the elaborate memorial presented to

Clement VIII by the Suprema against the work of the Córtes, it

complained bitterly of the laws of 1553 and 1585 as diminishing notably

the authority of the Inquisition and causing great lack of officials, so

many having ignominiously resigned, while others could not be found to

replace them.[1023]

Again, when the Córtes were about to assemble in 1626, the Barcelona

tribunal implored the Suprema to use its utmost exertions for the repeal

of the law of 1585, for no person of consideration would accept office

and it was obliged to appoint those of low condition, which was fatal to

its authority. The Córtes yielded in so far as to adopt an article

throwing open the offices, provided incumbents were justiciable by the

civil courts for a long series of offences, but the whole legislation of

the Córtes came to naught through lack of the royal confirmation.[1024]

When the question was coming up again in the Córtes of 1632, earnest

appeals were made to the Suprema to have the obnoxious law of 1585

repealed. The condition of the Inquisition in Catalonia was represented

as most deplorable by reason of it. In a memorial to the king it was

stated that in Barcelona there were but four or five familiars, and they

were mechanics, ineligible to public office; there was not a single

advocate of the accused, nor an ecclesiastical consultor, so greedy was

every one for public office. Throughout the principality there was the

same dearth--familiars only in miserable villages, destitute of tempting

positions, and those were of base condition, for in fact the barons

would endure none other in their lands. The Suprema was urged to bring

the matter before the Rota and it submitted the question to its fiscal,

but he wisely reported that, although a favorable result was to be

anticipated, yet it was expedient to set the example of recourse to Rome

which might result in other matters being carried thither with damage to

the jurisdiction of the Holy Office.[1025]

Thus Catalan pertinacity triumphed. When, in 1667, Pedro Momparler,

familiar at Alconer, asked permission to resign, in order to accept the

office of bayle, and his request was referred to the Suprema, it replied

that it should be denied on account of the evil influence of his

example, but it added that if he should renounce his familiarship before

the royal justice for the term of his office, the inquisitors should

pretend ignorance.[1026]

[Sidenote: _RIGHT TO HOLD PUBLIC OFFICE_]

In Majorca, frequent alterations of the law show that it was subject to

active debate and that preponderance shifted from one side to the other.

In 1637 it was decided that none of those connected with the Inquisition

could hold public office; then, in 1643, they were allowed to do so, in

positions where they had not to vote or to give counsel; again, in 1660,

the prohibition was made absolute; then, in 1662, royal letters of

January 11th and March 4th removed the prohibition, provided they would

previously renounce all claim to the jurisdiction of the Inquisition.

These letters afford a remarkable illustration of the vacillation of the

monarch and of the extent to which bureaucracy had crippled his

autocracy--only this time it was the Council of Aragon which imitated

the methods of the Suprema. The latter body was dissatisfied with the

arrangement and addressed to the king a consulta, April 5, 1663, asking

its suspension and that a junta of the two councils should be called to

consider the subject. Philip promptly acceded and, on April 10th,

ordered the Council of Aragon to write to that effect to the viceroy.

The command was not obeyed and, on September 19th, the Suprema asked him

to remedy the omission, whereupon he asked the council to state its

reasons and, on its doing so, he again ordered it, October 3d, to

execute his decree of April 10th. It was still recalcitrant and, on

March 19, 1664, the Suprema represented the delay to the king who the

next day called upon the council to render an exact account of what it

had done, replied that in conformity with his commands it had written on

October 3, 1663, copy of which it enclosed. This proved to be merely

copies of the letters of 1662 which had given rise to the debate,

showing that it had deliberately nullified his orders. In view of all

this the Suprema, July 24, 1664, asked the king to insist on literal

compliance and that a copy of the despatch of the Council of Aragon to

the viceroy should be furnished to it. This proved to be merely a

duplicate of that of October 13, 1663, with the date altered to April 6,

1664. Then the Suprema again asked the king peremptorily to order exact

obedience and he replied that he had done so. Meanwhile the Viceroy and

the inquisitor of Majorca had been playing at cross-purposes in

consequence of the contradictory despatches received by each.[1027] Such

a method of carrying on an organized government seems incredible and,

trivial as was the question at issue, a case such as this throws light

on one of the causes of Spanish decadence. The question itself, after

all this trouble, apparently remained unsettled, for, in 1673, there was

a competencia over Gabriel Berga, a knight of Santiago and a familiar,

when the tribunal contended that he could not renounce its

jurisdiction.[1028]

It would be superfluous to follow out in detail the vicissitudes of this

matter in the other provinces of Spain, where it gave abundant occasion

for quarrels conducted with customary vehemence. It seems to have

settled itself into the rule that officials and familiars were eligible

to public office but that, during their terms of service, they were not

entitled to the jurisdiction of the Inquisition. Such, we are told in

1632, was the practice in Castile, Aragon and Valencia.[1029] Yet still

there were disputes for, about the middle of the seventeenth century, a

formula is given for use when a familiar is prevented from taking

office. This sets forth at much length that, if familiars are refused

office, no one will take the position, which will inflict great

detriment on the faith; it cites the royal cédulas, it sets aside

opposing arguments by showing that for all malfeasance in office the

familiar will be subject to the royal jurisdiction and finally it orders

his immediate induction in his post under penalty of excommunication and

of five hundred ducats; no further notice will be given and all further

action will be published in the halls of the Inquisition, which will be

full legal notice to all parties concerned.[1030] I have met with no

further legislation on the subject and presumably some arrangement of

this kind was in force to the end.

* * * * *

It was highly inconsistent but, at the same time, thoroughly in keeping

with the spirit of the Inquisition in its dealings with the public, that

while it vindicated so energetically the right of its officials to hold

honorable and lucrative posts, it claimed for them the privilege to

refuse to serve in those which were onerous. In the municipalities there

were a certain number of these latter, entailing unremunerative labor

and responsibility which no one could refuse to accept when his name was

drawn from the bolsa. The officials claimed to be insaculated for the

desirable positions but not for the undesirable ones. That such a claim

could be made and sustained is a forcible illustration of the power of

the Inquisition.

[Sidenote: _RIGHT TO REFUSE OFFICE_]

There is no allusion to this in the earlier Concordias and no specific

grant that I have been able to find. It seems to have been merely a

gratuitous assumption on the part of the Inquisition, asserted with its

customary persistence. A noteworthy case growing out of it occurred, in

1622, in the town of Lorca (Murcia) where a familiar refused to serve in

the office of collector of the alcavala, or tax on sales, and was

imprisoned for contumacy. The inquisitors of Murcia demanded his

liberation and excommunicated the alcalde mayor for refusing to obey.

This failing, they prepared to arrest him and called upon the corregidor

of Murcia, Pedro de Porres, for assistance. On his refusal they

excommunicated him and then laid an interdict on the city of Murcia. The

citizens appealed to their bishop, Fray Antonio Trejo, who remonstrated

with the tribunal and, finding this unavailing, issued an edict

declaring the interdict invalid. Bishops were not subject to

inquisitorial jurisdiction, even for heresy, without special papal

faculties, but the inquisitor-general, Andres Pacheco, was the most

audacious and inexorable assertor of inquisitorial omnipotence and he

did not hesitate to condemn the episcopal edict, to publish the

condemnation in all the churches, to fine the bishop in eight thousand

ducats and to summon him, under pain of four thousand more, to appear

within twenty days and answer to the action brought against him by the

fiscal as an impeder of the Inquisition. The bishop and chapter sent the

dean and a canon to represent them, but, without a hearing, they were

thrown _incomunicado_ into the secret prison, excommunicated and the

censure published in all the churches. The inquisitors imprisoned the

parish priest of Santa Catalina for disregarding the interdict and the

whole ecclesiastical body of Murcia became involved. Finally, through

the intervention of the king and the pope, the bishop was absolved, but

the Inquisition reaped a rich harvest of fines. Those of the bishop,

dean and some of the canons were kept by the Suprema, while the local

tribunal, in addition to inflicting terms of exile, of from one to eight

years, secured from José Lucas, the episcopal secretary, a thousand

ducats, from Alonso Pedriñan, the fiscal, eight hundred and, from

thirteen other priests and dignitaries of the church, sums ranging from

fifty to one hundred and fifty--in all, an aggregate of 3272

ducats.[1031]

A claim enforced so relentlessly was dangerous to dispute and even the

Aragonese Concordia of 1646, which registered a triumph over the Holy

Office, admitted the right of salaried officials and familiars to

decline onerous offices.[1032] In time, however, there seems to have

come a slight modification of the claim. About 1750 we have the formula

of a mandate, issued at the instance of a familiar, forbidding, under

pain of excommunication and of two hundred ducats, the authorities of a

town from including him among those liable to serve in any of the minor

offices, nor in any of the more important ones until every other

inhabitant has served his turn.[1033]

* * * * *

It is not difficult to understand the origin of the claim that the

buildings of the Inquisition and the houses of its officials were

sanctuaries into which the officers of justice could not penetrate

without special permission. The asylum afforded to criminals in churches

was an old established practice throughout Europe to which Spain was no

exception. Even as late as 1737 the papal sanction was deemed necessary

to except from this certain crimes, such as murder, highway robbery and

high treason.[1034] Asylum was also afforded by the feudal rights which

debarred royal officers of justice from intruding on lands of nobles,

and the withdrawal of this right in Granada is cited as one of the

causes of the agitation leading to the rebellion of 1568.[1035] In

Aragon this was developed so far that a law of Jaime I, in the Córtes of

Huesca in 1247, which still continued in force, gave to the houses of

infanzones, or gentlemen, the same right of asylum as that possessed by

churches.[1036]

It is therefore somewhat remarkable that the claim of affording asylum

was not made at the outset by the Inquisition, especially in view of the

importance attached to the secrecy which shrouded all its operations.

Yet, until the middle of the sixteenth century, such claims when made

were authoritatively repudiated. Inquisitor-general Tavera writes,

September 3, 1540, a sharp letter to the inquisitors of Seville saying

that he is informed that recently certain murderers had been received

and protected in the castle of Triana, occupied by the tribunal, and

that the officers of the royal justice had not been allowed to search

for them; the punishment of delinquents should be in no way impeded and

no occasion be given for complaint; the gates of the castle must be kept

shut so that criminals cannot take refuge there.[1037] So, in 1546,

among instructions from the Suprema to the tribunal of Granada, is an

order that no criminals or debtors shall find refuge in the Inquisition,

nor be allowed to sleep there nor between the gates; the janitor must

eject them and, if they will not go, report it to the inquisitors for

proper action.[1038] This shows that the abuse was commencing but that

it was disapproved and the same is seen in the Valencia Concordia of

1554, which says that, as the Inquisition has no privileges as an

asylum, it cannot protect those who take refuge there.[1039]

[Sidenote: _RIGHT OF ASYLUM_]

Evidently the local tribunals were claiming a right which the central

authority disallowed; they were moreover claiming it not only for the

building of the Inquisition but for the houses of officials and

familiars. Among the malfeasances of the Barcelona tribunal, reported in

1567 by de Soto Salazar, were cases of this kind. When the bayle of

Perpignan sought to arrest some culprits they were sheltered by Pedro de

Roca, a familiar, in his house and he resisted the bayle who came with a

posse to arrest them; Roca accused the bayle and his men for this; they

were imprisoned for a long while by the Barcelona inquisitors and were

condemned to fines and exile. So when the bayle of Sens, with a posse,

broke into the house of Vicente Valele, who was merely a temporary

commissioner, to arrest some culprits who had taken refuge there, he

accused them and they were all imprisoned.[1040]

The rapidity with which the abuse developed in Valencia is manifested by

a comparison of the Concordias of 1554 and 1568. The former, as we have

seen, admits that the Inquisition could offer no asylum, while the

latter is obliged to forbid the lower officials and familiars from

putting the arms of the Inquisition on their houses; all such must be

removed and their houses shall not have immunity from the officers of

justice--evidently the officials found profit in harboring thieves and

murderers and the tribunal supported them.[1041] In Barcelona a sort of

compromise was reached by which, on application to the tribunal, one of

its ministers was sent with the officers of justice to enter houses of

officials where criminals had taken refuge, but the Córtes of 1599

complained that this delay afforded time for escape and, in the abortive

Concordia enacted there, a clause provided that this should not be

necessary and that, in case of resistance, houses could be entered. It

shows how slow was the Suprema to assert a right of asylum that, in its

protest to Clement VIII, it accepts this article on the ground that the

Inquisition never has impeded the pursuit and arrest of

malefactors.[1042] In time, however, it overcame these scruples and, in

1632, it issued repeated orders that the officers of justice should not

be allowed to enter the houses of officials. Philip IV countermanded

this, but the Suprema presented a consulta saying that there was no

objection when the pursuit was _flagrante delicto_; prisoners, however,

were frequently confined in the houses of officials and an unlimited

right of entry might be abused to obtain communication with them in

violation of the all-important secrecy of the Holy Office. As usual, the

vacillating monarch yielded and, in 1634, issued a decree restricting

the right of search to cases of hot pursuit.[1043]

It is remarkable that the Aragonese Concordia of 1646, imposed by the

Córtes on Philip, which in so many ways restricted the privileges of the

Inquisition, recognized this doubtful one in the fullest manner. As the

ministers, it says, of so holy an office should enjoy certain honors and

pre-eminence, it orders that they, including familiars, shall have as to

their houses the same privileges as caballeros and hijosdalgo--which, as

we have seen, included the right of asylum.[1044] As regards the

buildings of the Inquisition itself, a scandalous case occurring in 1638

shows how far it had travelled since Tavera rebuked the tribunal of

Seville. In Majorca the Count of Ayamano, at the head of a band of

assassins, committed the sacrilege of escalading the walls of a convent

for the purpose of murdering his wife who had sought refuge there.

Philip ordered every effort made to arrest him and his accomplices, but

he escaped to Barcelona with eight of them and all found asylum in the

Inquisition, in the apartments of his uncle, the Inquisitor Cotoner. It

affords a curious insight into the conditions of the period to see that

this created a situation impenetrable to the highest authorities of the

land. Philip called a junta of two members each of the Suprema and

Council of Aragon to devise how the criminals could be captured without

scandal or quarrel with the Inquisition. The result of their

deliberations seems to be a letter from the Suprema to Cotoner telling

him that, if he wanted to help his nephew, it should be outside and not

inside of the Inquisition, in order to avoid the troubles ensuing on an

attempt of the royal officers to remove him. The imperturbable Cotoner

was not to be scared by this gentle warning and a fortnight later the

Suprema enclosed to him a royal decree telling him that he would see the

untoward results of sheltering his nephew. As complete satisfaction was

demanded he was ordered to report in full all details, including his

motives in harboring one who was put to the ban, especially when the

latter was not a familiar.[1045] Unfortunately we do not know how the

affair ended, but when the Suprema, in place of dismissing Cotoner,

inquired as to his motives, we may assume that the asylum offered by the

Inquisition saved the forfeit life of the criminal by some compromise.

[Sidenote: _RIGHT OF ASYLUM_]

The immunity of the houses of officials became generally recognized,

with the proviso that permission of search would be granted by

inquisitors if special application was made to them, when they preserved

their jurisdiction by sending one of their people to accompany the

officers of justice. An exception which proved the rule however was made

in favor of the administrators of the tax on tobacco, to whom general

letters were given empowering them to search the houses of officials for

contraband tobacco. Even this was argued away by the Suprema in 1728,

when it asserted that semi-proof in advance was necessary to justify

search and full proof to give jurisdiction.[1046]

* * * * *

It is evident from the above that the Holy Office, with its claims for

special privileges and exemptions and its methods for enforcing their

recognition, was a very disturbing factor in the body politic. Yet the

greatest source of conflict lay in the exclusive jurisdiction which it

sought to establish over all who were connected with it, not only

between themselves but between them and the rest of the community. This

engrossed so large a portion of its activity and was the cause of such

perpetually recurring trouble that its consideration requires a chapter

to itself.

A History of the Inquisition of Spain; vol. 1 · 第 4 / 10 章