[427] The principal source of strife between the Inquisition and the other authorities arose from its claim to exclusive competence in all cases involving those connected with it and their dependents. This gave rise to perpetual conflicts, conducted with the utmost tenacity, which filled the land with confusion and, in many cases, rendered the administration of justice a mockery. For two centuries the monarchs vainly endeavored to keep the peace by repeated efforts to define the boundaries between the rival jurisdictions and the methods of settling their differences. The tireless efforts, on the one side, of the Holy Office to extend its authority and increase its emoluments caused it constantly to violate compacts, while the jealousy of the civil magistracy on the other and its natural desire to repel intrusion rendered it prompt to use whatever means lay in its power. The struggle was unequal against the superior weapons furnished by papal faculties and against the royal favor which was with the Inquisition, but the conflict was maintained with marvellous constancy, supported by popular sympathy, and the time of the king and his advisers was frittered away in deciding a continuous stream of petty quarrels, growing out of trivial incidents, but assuming portentous proportions through the violent methods which had aggravated them.

To understand the claim of the Inquisition to exclusive cognizance of the cases of its subordinates it is necessary to bear in mind the benefit of clergy, through which, from the early middle ages, all clerics were exempted from the jurisdiction of the laity and were subjected wholly to the spiritual courts. This amounted virtually to immunity for crime, both because those courts were debarred from rendering judgements of blood and because of the inevitable favoritism manifested to those of their own cloth. ⁽¹⁾ As civilization advanced the disorders caused by a class, thus emboldened in wrong-doing by impunity, [428] were the source of constant solicitude to rulers and were deplored by right-thinking churchmen. In this, Spain was no exception. In a project of instructions drawn up by a Spanish bishop for the delegates to the Lateran Council in 1512, the crimes and scandals perpetrated by married clerks and those in the lower orders, through expectation of immunity, are dwelt upon as reasons for a change; there were daily conflicts between the spiritual and secular courts, leading to interdicts cast on cities, and some universal legislation by the Church was desirable. ⁽²⁾ No such remedy was adopted, and when the Council of Trent gave promise of reform, the Spanish prelates, in contrast with the Inquisition, which made every effort to extend its jurisdiction over offenders, proposed in 1562 to the council that married clerks wearing secular habits should not enjoy protection from secular justice. ⁽³⁾ In 1544, Fernando de Aragon, when Viceroy of Valencia, declared that his principal trouble lay with the Church, of which the chief object was to protect evil-doers and liberate them from his justice, an opinion in which he was heartily seconded by the saintly Tomás de Vilanova, then recently appointed archbishop. ⁽⁴⁾ Yet the marked aversion in Spain to ecclesiastical encroachment led to repeated enactments restraining spiritual jurisdiction within strict limits. In a series of laws, dating from the fourteenth to the sixteenth century, Henry II, Juan II, Henry IV, Ferdinand and Isabella and Charles V endeavored by the severest penalties to repress its inevitable tendency to extend itself, whether by seizure of the persons or property of the laity or by entertaining cases between laymen. Ferdinand and Isabella, in 1493, even threatened half confiscation and perpetual exile from Spain for all who, under any pretext, aided ecclesiastical judges in taking prisoners from secular officials or who assisted them in any way. ⁽⁵⁾ In addition to this was the recurso de fuerza through which appeal lay to the royal courts or to the Sala de Gobierno whenever the spiritual courts refused an appeal or heard secular cases or those in which laymen were concerned. ⁽⁶⁾ [429] It is necessary to bear in mind this tendency and these restrictions on ecclesiastical jurisdiction to estimate properly the latitude obtained by the Inquisition in purely secular affairs.

Whether, at its inception, the Inquisition enjoyed the prerogative of exclusive cognizance of cases involving its officials it would be impossible now to say. They were mostly laymen and as such were subject to the secular courts, while, in the popular opposition elicited by their proceedings, especially in the Aragonese kingdoms, there might be anticipated danger that they would be terrorized or prosecuted unless protected by being reserved for judgement by their own tribunals. The earliest mandate to this effect that I have met is a cédula of Ferdinand, March 26, 1488, addressed to all the officers of justice in Catalonia ordering them, under penalty of two thousand florins and the royal wrath, to take no cognizance of anything concerning the ministers and familiars of the Inquisition; all their acts in such cases are declared invalid, and any one whom they may have arrested is at once to be transferred to the tribunal, showing that, at least in Catalonia, no such exemption from secular justice had previously been recognized. ⁽⁷⁾

Yet in this unlimited decree Ferdinand had overlooked details which necessarily presented themselves in practice. Was this exemption from secular jurisdiction confined to the titulados y asalariados or did it extend to the unsalaried commissioners and familiars, receiving no pay, pursuing their customary avocations and only called upon for occasional service? There was also a question about the servants of officials, for an abuse of the spiritual courts had included those of clerics. Then it might be asked whether the protection accorded to the person of the official extended to his property in civil suits, with the wide avenue thus opened to abuses of many kinds. There was, moreover, a well-settled principle of law that the accuser or plaintiff must seek the court of the defendant; if, in violation of this, the official could enjoy what was known as the active fuero as well as the passive--that is, if he as plaintiff could bring suit or prosecution before his own tribunal--his power of offence would be vastly increased, together with his opportunities for tyrannizing over all around him.

These were questions which had to be decided. It would seem [430] that the inquisitors construed their powers in the most liberal fashion, giving rise to abuses which called for repression and a limitation of their jurisdiction. The reformatory Instructions of 1498, accordingly, order them not to defend officials and their servants in civil cases and only officials in criminal actions, a rule repeated in a carta acordada of May 4th of the same year. ⁽⁸⁾ This excluded servants wholly and deprived officials of the fuero in civil matters, but it was soon modified by Ferdinand, in a letter of January 12, 1500, to the Catalonia tribunal, ordering it not to interfere with the royal court in a certain suit, and expressing the rule that the plaintiff must seek the court of the defendant. ⁽⁹⁾ It was impossible however to restrain inquisitors from exceeding their jurisdiction and he was obliged, August 20, 1502, to repeat his injunctions to the same tribunal, in consequence of complaints from the Diputados. The inquisitors were roundly taken to task for lending themselves to the schemes of the receiver in buying up debts and claims and then collecting them through the tribunal; they were told that they must defend none but salaried officials actually in service; if they are plaintiffs in civil suits they must apply to the court of the defendants, while if they are defendants the plaintiffs must seek the tribunal. To evoke other cases, he says, causes great scandal and will lead to troubles which must be prevented. A fortnight later he emphasized this about a civil case which they had evoked from the royal court; they must remit it back and not have to be written to again as he would not tolerate such proceedings. ⁽¹⁰⁾ Thus familiars and servants were not entitled to the fuero, or inquisitorial jurisdiction, while salaried officials enjoyed it, active and passive, in criminal actions and only passive in civil suits.

Unduly favorable as was this to the Inquisition, the tribunals paid no attention to its limitations; they welcomed all who [431] sought their judgement seat, and the desire for it of those who had no claim on it shows that they had a reputation of selling justice. One or two cases will exemplify this and show how good were the grounds of complaint by the people. There was a certain Juan de Sant Feliu of Murviedro, whose father and mother-in-law had been condemned for heresy, and to whom Ferdinand had kindly granted their confiscations, including the dowry of his wife. In 1505 the town of Murviedro farmed out to him and his wife the impost on meat for 11,100 sueldos a year; he died and, in the settlement of his account, he was found to owe the town a hundred and fifty libras, which it proceeded to collect from his sons in the court of the governor. Under pretext that his property had been confiscated and restored, they appealed in 1511 to the tribunal of Valencia, which promptly evoked the case and inhibited the court from further action, whereupon the town complained to Ferdinand who ordered the case remitted to the governor. Unabashed by this, in 1513, Sant Feliu's heirs on the same pretext obtained the intervention of the tribunal in another case, in which Doña Violante de Borja had sued them for 7500 sueldos which she had entrusted to him to invest in a censo of the town of Murviedro; the censo had been paid off and he had concealed the fact and kept the money. Judgement was given against them, when the inquisitors interposed and prohibited the royal court from further action. Ferdinand expressed much indignation at their interference with justice in a matter wholly foreign to their jurisdiction and ordered the prohibition to be withdrawn. Even more arbitrary was the action, in 1511, of the Majorca tribunal, when Pedro Tornamirandez sued the heirs of Francisco Ballester for some cattle and obtained judgement in the court of the royal lieutenant, whereupon the heirs appealed to the inquisitor who evoked the case and forbade further proceedings in the secular court. None of the parties had any connection with the Inquisition and there was not even the pretext of confiscation; it was a mere wanton interference with the course of justice, only explicable by some illicit gain, and when Ferdinand's attention was called to it he ordered the inquisitor to revoke his action. ⁽¹¹⁾ If, under Ferdinand's incessant vigilance the Inquisition thus boldly prostituted its powers, we can appreciate how well-founded, under [432] his careless successors, were the complaints of those who suffered under wrongs perpetrated under the pretence of serving God.

In the Catalan Concordia of 1512 there was an attempt to do away with some of these abuses and the bull Pastoralis officii of Leo X, confirming the Concordia, marks another stage in the development of the fuero. No one, he said, could be cited save in his own ordinary court at the instance of an official or familiar; if it were attempted, all acts concerning it were invalid and the inquisitors must condemn the plaintiff in double the expenses and damage; if any official bought property in suit, or on which a suit was expected, he could be cited before a court not his own and if he claimed property under seizure by a secular judge, the latter could disregard all inhibitions issued by inquisitors; moreover inquisitors should have no cognizance in matters concerning the private property of officials. While thus striking at some of the more flagrant abuses of the fuero, Leo opened the door to worse ones by admitting familiars and the commensals or servants of officials to participation in the immunities of the Inquisition. ⁽¹²⁾ The bull, in fact, is in accordance with the Instructions of 1514, as issued by Inquisitor-general Mercader, and we shall see how completely the restrictive clauses were ignored while those admitting familiars and servants were developed. ⁽¹³⁾

The question as to familiars and servants was not absolutely settled for some years. It is true that, in 1515 at Logroño, when the corregidor arrested Martin de Viana, a servant of the secretary Lezana, and refused to surrender him to the tribunal, he and his deputy and alguazil were excommunicated and the Suprema on appeal subjected them all to fines and humiliating penance. ⁽¹⁴⁾ On the other hand, in 1516 at Valladolid, when Alonso de Torres, servant of Inquisitor Frias, was thrown into the royal prison, the inquisitor did not reclaim him but procured the interposition of the Suprema, which ordered him to be released on bail and then, after nine months had passed without a charge being brought against him, he procured a royal cédula for the release of his bondsmen. ⁽¹⁵⁾ Whatever doubts may have existed on the subject were removed, in 1518, by a cédula of Charles V, reciting that in [433] Jaen the secular courts assumed cognizance of criminal cases concerning officials and familiars and their servants, which was contrary to the privileges of the Holy Office, wherefore he forbade it strictly for the future. ⁽¹⁶⁾ After this the Inquisition had no hesitation in insisting on its rights. When, in 1532, the corregidor and officials of Toledo were excommunicated for punishing the servant of an inquisitor and the Empress-regent Isabel wrote to the tribunal to absolve them, the Suprema instructed it not to obey her. ⁽¹⁷⁾ She learned the lesson and, in 1535, when ordering some servants of inquisitors and familiars to be remitted to the Inquisition, she said it was accustomed to have their cases, both civil and criminal, and it was her pleasure that this should be observed. ⁽¹⁸⁾

The civil authorities were somewhat dilatory in recognizing the immunity of servants, and cases continued to occur in which the tribunals vindicated their jurisdiction energetically. About 1565 two officers of the royal justice in Barcelona arrested a servant of Inquisitor Mexia in a brothel where he was quarrelling with a woman, for which they were thrown into the secret prison as though they were heretics and were banished for three months, while the judge of the royal criminal court, who had something to do with the matter, was compelled to appear in the audience-chamber and undergo a reprimand in the presence of the assembled officials of the tribunal. The virtual immunity for offenders resulting from the privilege is illustrated by the case, in the same tribunal, of Pedro Juncar, servant of the receiver, who murdered the janitor of the Governor of Catalonia; the governor arrested him but was forced to surrender him to the tribunal, which discharged him with a sentence of exile for a year or two and costs. ⁽¹⁹⁾ The influence on social order of conferring immunity on such a class can readily be conceived.

The privilege of the fuero was not confined to servants but was extended in whatever direction the ingenuity and perseverance of the tribunal could enforce it. Penitents who were ful-

[434] filling their terms of penance were claimed and the claim was confirmed, in 1547, by Prince Philip. In Valencia and Barcelona the workmen employed on the buildings of the Inquisition were given nominal appointments under which they claimed immunity. In Lima the tribunal complained to the viceroy of the arrest of a bricklayer who was working for it, but it got no satisfaction. In Barcelona the tribunal granted inhibition with censures on the civil court, in which the brother of a familiar was suing a merchant on a protested bill of exchange. ⁽²⁰⁾

We have seen the limitations imposed by Ferdinand and the bull Pastoralis officii and the reiteration of the principle that the plaintiff must seek justice in the court of the defendant. As far as regards Castile, Charles V had overthrown this in criminal matters for both officials and familiars. Civil cases remained in a somewhat undetermined state, especially concerning familiars, the inquisitors endeavoring to grasp as far as they could both the active and passive fuero. When, in 1551, complaints came from Valencia that the tribunal was collecting debts for familiars, Inquisitor-general Valdés wrote that he did not know how this had come to pass and called for precise information as to when it had commenced and generally as to the method observed in the civil cases, active and passive, of familiars, so that he could answer Prince Philip. ⁽²¹⁾ There was a good deal of uncertainty about the whole subject; the courts were restive and the situation was becoming strained. In the endeavor to settle it, Charles, in 1542, reissued his edict of 1518 with a sobre carta emphatically commanding its strict observance and forbidding the secular courts from any cognizance of the criminal cases of officials or familiars. ⁽²²⁾ This did not mend matters. The courts persisted in exercising jurisdiction over familiars, the recurso de fuerza was freely invoked and competencias multiplied. Both sides appealed to Charles, who was in Germany, and this time the opponents of the Inquisition gained the advantage. Prince Philip, as regent, issued a cédula, May 15, 1545, in which [435] he described how laymen, subject to the secular courts, obtained immunity for their crimes on pretext of being familiars; how the tribunals, in defending them, cast excommunications on the officers of justice, through which scandals and disquiet were daily increasing, and the course of justice was impeded. The familiars were in no way entitled to immunity from the secular courts, as they were not officials, although a different custom existed in Aragon and the inquisitors pretended to it in Castile, under the cédula of 1518 and the sobrecédula of 1542, but these were both irregular, not having been despatched by the Council and Secretariat of Castile as is customary and necessary. Therefore in order that delinquent familiars may not remain unpunished and be induced to commit crimes by the prospect of immunity, the emperor ordered the matter to be thoroughly discussed and meanwhile the cédulas of 1518 and 1542 to be suspended, in conformity with which they are declared to be suspended, inquisitors are ordered no longer to take cognizance of the cases of familiars and the secular courts are instructed to prosecute them in accordance with the laws. ⁽²³⁾

The Inquisition did not acquiesce tamely in this defeat, which was aggravated by the secular courts interpreting it as giving them jurisdiction over officials as well as familiars. It protested and resisted and showed so little obedience that the Córtes of Valladolid, in 1548, asked that it should be compelled to confine itself to its proper functions in matters of faith. ⁽²⁴⁾ Quarrels and recursos de fuerza continued and finally the whole question was referred to a junta consisting of two members each from the Suprema and Council of Castile. The representatives of the Inquisition conceded that it had been in fault in appointing too many familiars and in claiming for them all the exemptions of salaried officials: those of the Council admitted that the courts had erred in interfering with civil and criminal cases properly appertaining to the Holy Office. Mutual concessions were made, resulting in [436] what was known as the Concordia of Castile, March 10, 1553-- an agreement which the Inquisition admitted, a century later, that neither side had observed. ⁽²⁵⁾

The Concordia was silent as to the salaried officials, thus leaving them in possession of the active and passive fuero in both civil and criminal cases. It devoted itself wholly to the familiars who, in this as in so much else, were the leading source of trouble. After regulating, as we shall see hereafter, their number and character, it defined that in civil cases they should be subject wholly to the secular courts. For the greater crimes, moreover, cognizance was also reserved exclusively to the courts, the list comprising treason, unnatural crime, sedition, violating royal safe-conducts, disobedience to royal mandates, treachery, rape, carrying off women, highway robbery, arson, house-breaking and crimes of greater magnitude than these, as well as resistance or formal disrespect to the royal courts. Those who held office were also amenable to the courts for official malfeasance. This left only petty offences subject to inquisitorial jurisdiction and for these familiars were liable to arrest by secular magistrates, subject to being immediately transferred to the Inquisition. For doubtful cases it was provided that, when the lay judge and inquisitor could not agree, there should be no contention, but the evidence was to be sent to the court of the king, where two members each of the Suprema and Council of Castile should decide as to the jurisdiction; for this a majority was required and, in case of equal division of votes, the matter went to the king for final decision. No appeal from this was allowed and meanwhile the accused was retained in the prison to which he had , been consigned at arrest. ⁽²⁶⁾ This process of adjudicating disputes [437] became known as competencia, the details of which will be considered hereafter.

Whatever concession the Inquisition made in thus surrendering a portion of its jurisdiction over familiars was more than compensated by what was evidently part of the agreement, the issue on the same day of Philip's cédula addressed to all judicial bodies forbidding them to entertain appeals of any kind from the acts of the Holy Office (p. 341). It thus secured complete autonomy; it was rendered self-judging, responsible to the king alone, and the populations were surrendered wholly to its discretion.

As far as regards Castile, the Concordia of 1553 was final. It is true that the royal cédula of Aranjuez, April 28, 1583, extended its principles to the salaried officials, but there is no trace of the observance of this. ⁽²⁷⁾ Another point was subjected to a temporary modification. The absolute denial of justice in allowing inquisitors to have their civil suits decided by their own tribunals attracted attention, after nearly a century, and the Suprema, February 18, 1641, ordered that these cases should be referred to it, when, if it deemed proper, it would commission the tribunal to hear them, but this slender restriction seems to have elicited so active an opposition that it was withdrawn within three months by a counter order of May 14th, restoring to the inquisitors the power of sitting in judgement on their own cases. ⁽²⁸⁾ It is easy to conceive the amount of oppression and wrong which they could thus inflict.

With these trivial exceptions the Concordia remained the law in Castile. In 1568 Philip II issued a cédula stating that it had not been observed, wherefore he ordered strict compliance with it and, as late as 1775 Carlos III treats it as being still in force and to be respected by all parties. ⁽²⁹⁾ If Philip, however, expected peace between the rival and jealous jurisdictions, as the result of the Concordia, he deceived himself. Both were eager for quarrel and opportunities to gratify combative instincts were not lacking. The secular courts resented the intrusion of the [438] Inquisition, which was careful to keep antagonism active by the insulting arrogance of its methods, whenever a question arose between them. There was ample field for contention, for not only were the excepted crimes loosely defined, giving rise to many nice questions, but the Inquisition acutely argued that before the royal courts could assume possession of a case the crime must be fully proved, for the familiar was entitled to the fuero until his guilt was ascertained, thus keeping in its own hands all the vital parts of the process and excluding the secular justices. ⁽³⁰⁾ Then the circle of excepted cases was enlarged, not only for familiars but for salaried officials, by various edicts from time to time, as we have seen with regard to pistols and discharging fire-arms. Another instance was a cédula of Philip II, in 1566, including among exceptions the violation of royal pragmáticas, which was put to the test, in 1594, when the Chancellery of Granada prosecuted a notary of the tribunal for wearing a larger ruff than was allowed by a sumptuary pragmática; the tribunal excommunicated the judges but, when the case was carried up to the Suprema and Council of Castile, the Chancellery was justified. ⁽³¹⁾ In the frenzied efforts to maintain the value of the worthless vellon coinage, Philip IV, by repeated edicts between 1631 and 1660, deprived familiars and salaried officials of the fuero in cases of demanding more than the legal premium for the precious metals or of counterfeiting or importing base money. ⁽³²⁾ Frauds on the revenue from tobacco also deprived all offenders of exemptions, by a pragmática of 1719, but it was difficult to enforce and had to be repeated in 1743, after which at last Inquisitor-general Prado y Cuesta, in 1747, ordered the tribunals to obey it. ⁽³³⁾
 

Although Navarre was under the crown of Castile, the Concordia of 1553 was not extended to it until 1665, by a royal cédula [439] of May 9th. The questions which agitated the rest of Spain seem to have rarely presented themselves there, for we hear little of them in that quarter, although, in 1564, the tribunal of Logroño complained of the intrusion of the secular courts on its jurisdiction and there were, as we shall see hereafter, occasional collisions on the subject of witchcraft, which was mixti fori. ⁽³⁴⁾

The kingdoms of the Crown of Aragon were the scenes of much greater trouble than those of Castile, in delimiting the boundaries of the rival jurisdictions, for they still had institutions which could remonstrate against abuses and struggle for their removal. We have seen how recalcitrant they were when the Inquisition was introduced and how vigorously they struggled against the abuses which followed. In the Concordias of 1512 and 1520 they secured certain paper guarantees, but these were brushed aside by the Inquisition with customary ill-faith. Irritation and hostility became chronic, with the result that they were denied some of the slender alleviations vouchsafed to Castile, on the ground that the character of the population and the neighborhood of the heretics of France rendered it necessary that the Holy Office should be fortified with greater privileges than in the rest of Spain.

Of the three kingdoms Valencia was the one which gave the least trouble in this matter. Yet a case occurring in 1540 is highly significant of the terrorism under which the royal judges discharged their duties. Dr. Ferrer of Tortosa, one of the judges, appealed to Inquisitor-general Tavera, representing that in the previous year he had condemned to death a murderer, who had fully deserved it. Now that the inquisitor had come his enemies represent that the culprit was a familiar, although he had never claimed to be one, and it is currently reported that the inquisitor is about to prosecute him (Ferrer). If he is in fault in the matter he will cheerfully submit to punishment, but he begs not to be subjected to the infamy of a trial. To this appeal the Suprema responded by ordering the inquisitor to send it such evidence as he may gather and to await a reply before taking action. ⁽³⁵⁾ It is evident that all criminal judges lived in an atmosphere of dread lest at any moment the honest discharge of their functions [440] might precipitate them into a disastrous conflict with the tribunal. It justifies the complaints of the Córtes of 1547 and 1553, the latter of which declared that the inquisitors exceeded their jurisdiction, intervening in many affairs, both civil and criminal, that had no connection with heresy. This caused great disturbance of justice and contentions between the jurisdictions, in which the tribunal assumed to be supreme and to define the limits of its own power. Great as were these evils they were daily increasing and were becoming intolerable, wherefore the Córtes prayed that the subject be investigated and a clear definition be made between the royal jurisdiction and that of the Inquisition. ⁽³⁶⁾

This resulted in a junta of the members of the Suprema and of the Council of Aragon, who agreed upon a Concordia, published by Prince Philip, May 11, 1554. In this he recited that, in consequence of the great numbers of familiars and their endeavoring to have all their cases, civil and criminal, tried by the tribunal, which sought to protect them in this against the claims of the royal judges, there had arisen many contentions in which the whole of the Audiencia had been excommunicated. To put an end to this unseemly strife he had caused the junta to be held, with the result of the following articles, which he ordered both sides to observe, the royal officials under pain of a thousand florins, and the inquisitors as they desired to please him and the emperor. In this the first point was the reduction of the excessive number of familiars; in the city of Valencia they were not to exceed one hundred and eighty; in towns of more than a thousand hearths there might be eight, in those of over five hundred six, in smaller places four, except that in the coast towns there might be two more. Lists of all appointees were to be furnished to the magistrates, both to check excess and to identify individuals. In civil suits they were to enjoy the passive fuero but not the active; if in contracts they renounced this privilege the condition held good, while, if the other party agreed to accept the jurisdiction of the Inquisition, he could not be cited before it. In criminal cases, the Inquisition had sole cognizance with respect to officials, their servants and families and to familiars but not to their wives, children and servants. When contests arose with secular courts, mild measures were to be used and excommunication [441] be avoided as far as possible. When a familiar entered into a treaty of peace and truce, it was to be executed before an inquisitor and, if it contained a condition of death for violation, the inquisitor, in case of such violation, was to relax the culprit to the secular arm to be put to death. Familiars who were in trade were not to enjoy the fuero for frauds or violations of municipal laws and officials holding public office were liable to the secular courts for malfeasance therein. ⁽³⁷⁾

This would appear to grant to the Inquisition all that it had any excuse for asking, but it was impossible to bind the inquisitors to any compact, or to observe any rules. A letter to them from the Suprema, in September, 1560, reminds them that it had already ordered them, in the case of Juan Sánchez, to deprive him of his familiarship, to withdraw their inhibitions and censures, and to remit the affair to the secular judge, in spite of which they had gone forward and rendered sentence; now, as Sánchez is not a familiar, they must positively send the case back to the ordinary courts. ⁽³⁸⁾ When such persistence in injustice existed, it is not surprising that, at the Córtes of Monzon, in 1564, the deputies of Valencia, like those of Aragon and Catalonia, presented a series of complaints, bearing chiefly on abuses of jurisdiction. We happen to have a view of the situation by an impartial observer, the Venetian envoy, Giovanni Soranzo, in his relation of 1565, which is worth repeating, although we must bear in mind that it was impossible for a Venetian statesman to give Philip II credit for the honest fanaticism which underlay his character. After alluding to the privileges of the Aragonese kingdoms, he proceeds "The king uses every opportunity to deprive them of these great privileges and, knowing that there is no easier or more certain method than through the Inquisition, he is continually increasing its authority. In these last Córtes the Aragonese prayed that the Inquisition should take cognizance of no cases save those of religion and said that they grieved greatly that it embraced infinite things as distant as possible from its jurisdiction and they presented many cases not pertaining in any way to its duties. In truth at present the Inquisition interposes in everything, without respect to any one of whatever rank or position, and we may say positively that this tribunal is the real master which rules and dominates all Spain. [442] The king replied that the Inquisition was not to be discussed in the Córtes, when they all arose and threatened to depart without finishing any other business, if the king did not wish them to discuss a matter of so much importance to them. The king quieted them by promising that, when he returned to Castile, he would listen to their complaints and would not fail to grant the appropriate relief. But undoubtedly he did this so that the Córtes should end without a revolt, his intention being to increase rather than to diminish the importance of the Inquisition, clearly recognizing it as the means of maintaining his reputation and of keeping the people in obedience and terror." ⁽³⁹⁾

Soranzo's account of the Córtes is not wholly complete. When Philip promised relief after his return to Castile, the deputies replied that they did not choose to be convoked in Castile and that they would go no further with the subsidio which he wanted until they were satisfied. The sessions were prolonged; the patience of the deputies outwore his own and he promised that he would have a visitation made of the tribunals of the three kingdoms and then, in concert with their Diputados, issue a new series of regulations. ⁽⁴⁰⁾ The promise was kept. Francisco de Soto Salazar, a member of the Suprema, was sent, in 1566, with full powers and instructions to investigate all abuses, but especially those connected with jurisdiction in matters not of faith. In Valencia his attention was particularly called to a practice of appointing deputy inquisitors and officials and investing them with the privilege of the fuero as well as mechanics employed on the palace of the Inquisition and houses of the officials and also to the overgrown number of familiars and their character. ⁽⁴¹⁾ In Catalonia, especially, he found much to criticize, as we shall have occasion to see hereafter, for he performed his mission thoroughly and conscientiously; he listened to all complaints, investigated them and bore back to the Suprema full reports which bore hardly on the methods of all the tribunals. Prolonged debates ensued between the Suprema, the Council of Aragon and the Diputados and finally, in 1568, a new Concordia was issued. It is significant that it no longer was a royal decree but bore the shape of instructions from Inquisitor-general Espinosa [443] and the Suprema to the tribunals, and the king only appeared in it as communicating it to his representatives and ordering its observance under pain of a thousand florins, coupled with commands to favor and reverence the Inquisition and its officials, to give them all necessary aid and to protect and defend their privileges.

The Concordia thus granted to Valencia confirmed that of 1554 and ordered its observance, adding a number of special provisions, highly suggestive of the abuses which had flourished. As affording a view in some detail of the causes of popular irritation and of the remedies sought, I subjoin an abstract of the articles bearing on the subject.

Outside of the city the local magistrates are to have cognizance of civil cases of familiars involving less than twelve libras.

Familiars of other districts settling in Valencia lose the fuero, but retain it if the residence is temporary.

The number of familiars is to be reduced to that provided in 1554, weeding out the least desirable.

They must present themselves with their commissions to the local magistrates in order to be entered on the lists, without which they forfeit their exemption.

The provision depriving those in trade of the fuero, for frauds and offences committed in their business, which has not been observed, is to be enforced.

Crimes committed prior to appointment are not entitled to the fuero.

No cleric or religious or powerful noble or baron is to be appointed.

Consultors are not to be considered as officials, but only persons holding commissions from the inquisitor-general, to whom may be added a steward of the prison and two advocates of prisoners.

In future the servants of officials must really be servants living with them and receiving regular wages in order to be protected by the inquisitors.

Inquisitors are not to interfere, at the petition of an official or familiar, with the regulations of the college of surgeons.

Any familiar who is a carpenter and who brings lumber from the sierra of Cuenca shall not be protected by the inquisitors, but shall be left for judgement to the secular court.

Outside of cases of heresy inquisitors must not interfere with the execution of justice by the royal judges under pretext that culprits have committed offences pertaining to them, but in such cases the judges shall be notified and allowed to execute justice, after which the inquisitors can inflict punishment. In case of heresy, however, a prisoner can be demanded, to be returned after trial, provided he is not sentenced to relaxation.

Familiars are not to be protected in the violation of municipal regulations, nor, during pestilence, in the refusal to observe the regulations for the avoidance of contagion; they must submit for inspection the goods which they bring in and [444] the royal judges shall not be prevented from imposing the penalties provided in the royal pragmática.

Commissioners shall not form competencias with secular or ecclesiastical judges, nor shall their assistants enjoy greater privileges than familiars.

Persons temporarily employed to make arrests, or to read the edicts, or as procurators, etc., shall not be defended by the inquisitors.

As the inquisitorial district of Valencia comprehends Teruel in Aragon and Tortosa in Catalonia, those places are not to be exempted from the Concordia under the pretext that the Concordia of 1554 spoke of the kingdom of Valencia.

The widows of officials, while remaining unmarried, enjoy both civil and criminal fuero, but not their children and families as has been the case, but widows of familiars are deprived of it and are not to be defended by the inquisitors.

The judge employed by the inquisitors to hear the cases of officials and familiars is to be dismissed; such cases are to be heard by the inquisitors outside of the regular hours of service and for this they are to charge no fees.

Servants and families of salaried officials are only to have the passive fuero in civil cases, like familiars.

Inquisitors are no longer to defend familiars in matters of the apportionment of irrigating waters, injuries to harvests, vineyards, pastures, forests, furnishing of lights, licences for building, street-cleaning, road-mending and furnishing provisions.

Inquisitors are not to publish edicts with excommunication for the discovery of debts, thefts or other hidden offences committed against officials and familiars, nor such edicts against any delinquents save in cases of heresy.

Persons arrested, except for heresy, are not to be confined in the secret prison but in the public one, where they can confer with their counsel and procurators, and they are to be allowed to hear mass and receive the sacraments.

Familiars holding office are not to be defended for official frauds or malfeasance, but the secular authorities are to be freely allowed to administer justice.

Inquisitors shall not give safe-conducts to persons outlawed or banished by the royal judges, except in cases of faith and then only for the time necessary to appear before them.

When any official or familiar, in criminal or civil cases not of faith, has consented tacitly or explicitly to the secular jurisdiction or has pleaded clergy, the inquisitors shall not protect him nor inhibit the secular judges. And if any official or familiar inherits property in litigation the case shall remain in the court where it is pending.

As familiars in civil cases have only the passive and not the active fuero there shall no longer, as heretofore, be artifices employed, such as pretended criminal prosecutions and interdicts, to obtain cognizance of such cases, but they shall be conducted in the court of the defendant.

When a suit between outsiders has been decided, if any official or familiar intervenes to prevent the execution of the decision, on the pretext that he is in possession of the property at issue or a part of it, the inquisitors shall not support him in it. [445]

If an outsider commits a crime while in company with an official or familiar, or is an accomplice in a crime committed by an official or familiar, the inquisitors shall not have cognizance of his case but only of that of the official or familiar.

When a grave crime has been committed by or against a familiar the inquisitors shall not send a judge to take testimony or punish, with salary by the day, but shall avoid expense by making a commissioner gather the evidence.

Inquisitors shall no longer enforce contracts of peace and truce unless they have been entered into before them or by their order.

Inquisitors shall not have cognizance of contracts between outsiders because of a clause submitting them to the fuero, nor of cases of donations or cession to officials or familiars.

Inquisitors shall not protect widows of officials and familiars in refusing to pay imposts and contributions.

When inquisitors have to summon secular judges before them it must be only in cases where it is unavoidable and then only with great consideration.

If a bankrupt is a familiar the inquisitors have cognizance, but not in the case of an outsider under pretext that an official or familiar is a creditor.

Familiars shall not make arrests or other execution of justice without orders from inquisitors.

Inquisitors shall not proceed against the priors and officials of guilds and confraternities who levy upon a familiar, who is a member, for dues under the rules of the association, or when a familiar has had the administration of a church or hermitage or hospital and is sued for debts or contributions due. ⁽⁴²⁾

After protracted effort the Valencians had thus obtained promise of substantial relief, but as usual it was a promise only made to be broken. How little intention there was of enforcing the reform was promptly revealed for, when the authorities naturally ordered the new Concordia to be printed so that the courts and rural magistrates could be guided by it in their dealings with the officials and familiars, the inquisitors at once [446] ordered the printers to suspend work and appealed to the king, who commanded that all copies should be surrendered. ⁽⁴³⁾ Although the settlement was permanent and remained in force until the end, it apparently never was published for general information. At the moment it was regarded as greatly limiting the secular jurisdiction of the tribunal, and the worthy Valencian inquisitor, Juan de Rojas, says that he is ashamed to allude to its depressed and weakened condition, which has worked great injury to the faith. ⁽⁴⁴⁾ His grief was superfluous; the tribunal was not accustomed to be bound by law and its methods of enforcing its assumed prerogatives were difficult to resist. In 1585 the Córtes had a fresh accumulation of grievances which, by order of the king, the Suprema sent to the inquisitors with orders to report the method of meeting them most advantageous to the Holy Office. ⁽⁴⁵⁾

If space permitted abundant cases could be cited to show the justice of these complaints. In fact, the correspondence between the Suprema and the tribunal, during the last fifteen years of the sixteenth century, is largely devoted to cases of competencias arising from crimes of all descriptions committed by familiars and to the punishments inflicted by the tribunal, the heaviest of which is the galleys, in two or three cases. Sometimes the charges are dismissed and as a whole the criminals seem to have escaped so lightly that prosecution only served to encourage their lawlessness. ⁽⁴⁶⁾ There was no improvement as time went on and a case occurring in 1632 is worth alluding to as illustrating the results of the fuero and the spirit in which it was administered by the tribunal. Don Martin Santis was murdered by pistol shots, while returning with some Dominican frailes in a coach from the Grao of Valencia to the city. Four notorious familiars, Pedro Rebert, Joan Ciurana, Jaime Blau and Calixto Tafalla, were suspected and were arrested by the Audiencia. The tribunal claimed them, a competencia was formed and the case came up before the Suprema and the Council of Aragon. The Marquis of los Velez, the viceroy, took advantage of it to represent to Philip IV the disorders and scandals caused by the criminal familiars who were protected by the Inquisition. This paper was referred to the Council of Aragon which, on July 21st, presented a consulta on the subject. There is, it says, no peace or safety to be hoped [447] for in Valencia unless there is reform in the selection of familiars, for there is no crime committed there in which they are not principals or accomplices, in the confidence of escape through the intervention of the tribunal, since there is no one, however guilty he may be of atrocious crime, who is not speedily seen walking the streets in freedom. In all disturbances, familiars are recognized as ringleaders and their object in gaining appointment is only to enjoy immunity for their crimes. In Valencia, Pedro Revert, Joan Ciurana and Sebastian Adell, all familiars, are the chief disturbers of the peace. So in Villareal, a place notorious for murders, Jaime Blau has been the moving spirit. In Benignamin, where there are constant outbreaks, the leaders of the factions are Gracian España, Martin Barcela and others, likewise familiars. It is the same in Orihuela with Juan García de Espejo and others. Scarce anywhere is there trouble in which familiars are not concerned and they daily become more insolent through impunity, for the inquisitors never punish with the requisite severity. One result is that it is almost impossible to procure evidence against these malefactors, in consequence of witnesses knowing that they will shortly be released and will avenge themselves. Justice cannot be administered and still greater evils are to be anticipated if the king does not provide a remedy. If it is difficult to revise the Concordia and introduce the necessary provisions, at least the king can order that these familiars be dismissed and greater care be exercised in new appointments. All the viceroys have recognized these impediments to justice, for these people only seek exemption from the secular courts in order to be free to commit crimes.

We might imagine much of this to be exaggeration were not its truth tacitly admitted by the Suprema, when transmitting it to Valencia with instructions for information on which to base a reply. There is no rebuke or exhortation to amendment, but the inquisitors are told to act with the utmost caution and secrecy; to report the number of familiars in Valencia and how many are unmarried; to give details as to the cases cited by the Council of Aragon and what punishments were inflicted; what was the record of those inculpated in the murder of Don Martin Santis.; covertly to obtain statistics of crime in Valencia for the last ten years, committed by those not exempt, the punishments inflicted by the royal court and whether these were subsequently remitted; whether, when familiars were tried by the tribunal, [448] accomplices were prosecuted in the royal courts, and if so what sentences were pronounced; also to make secret investigation as to promises made to familiars by the judges to let them off easily if they would not claim the fuero, and finally to furnish a list of cases in which the tribunal has punished its officials for trifling offences. Altogether the effort was evidently much less to offer a justification than to make a tu quoque rejoinder. Apparently the statistics asked of the tribunal were unsatisfactory, for there was no use made of them in the answer presented October 6th, in which, after seeking to explain away the assertions of the viceroy and Council of Aragon, the Suprema accused the secular courts and their officials of perpetual prosecution of familiars, who were arrested on the slightest suspicion, assumed to be guilty and then, forced by cruel treatment to renounce the fuero. The suggestions for reform were airily brushed aside. To dismiss delinquent familiars would be almost impossible, in view of its effect upon their families and kindred. To enquire of the royal officials as to the character of aspirants for appointment was inadmissible, as it would admit them to participation in a matter with which they had nothing to do. The true cure for the troubles would be to secure the Inquisition in its rights by forbidding the secular courts from assuming any jurisdiction over familiars. In short it was a passionate outburst, precluding all hope of amendment, to which the king replied by telling the Suprema to see that the tribunal did not employ violent measures against the royal officials, but report to him any excess for his action. Evidently nothing was to be hoped for from him and indeed he had written on August 6th to the viceroy that the case must take its regular course as a competencia and the inquisitors must not use inhibitory censures or summon the judges to appear before them. The result was the usual one that the tribunal obtained cognizance of the case; one, at least, of the accused, Jaime Blau, was found guilty, for we have his insufficient sentence, condemning him to exile and a fine of three hundred ducats--a sentence which goes far to explain the eagerness of the inquisitors to extend their jurisdiction, for they rarely inflicted corporal punishments on their delinquent officials, when pecuniary ones were so much more profitable. ⁽⁴⁷⁾

[449] The same spirit was shown when, in 1649, disturbances between armed bands led Philip IV to order the Suprema to instruct the inquisitors that familiars and officials participating in these brawls, or lending aid to peacebreakers, should not enjoy the fuero and that the tribunal should not defend them or interfere with the course of justice. Instead of obeying, the Suprema replied that it suspended the order until the king should be better informed. It then proceeded with a long argument to show that the faith would be imperilled by such abridgement of the privileges of the Holy Office. Besides, these factional contests had always been customary in Valencia and it was impossible to avoid favoring one side or the other, for these armed bands demanded whatever they wanted--money, or food or clothes-- and people were forced to give it at the risk of having their harvests burnt or their throats cut. The consulta ended with the impudent suggestion that in future it would be much better for the king, before issuing such decrees, to communicate to the Suprema the consultas of the other councils on which they were based so that a junta could be formed and the matter be debated. ⁽⁴⁸⁾

Evidently the Suprema held that this semi-savage state of society should be encouraged by favoring the factionists and, under such conditions, amelioration was impossible. Rivalry of jurisdiction paralyzed the law and there was perpetual friction over the veriest trifles, for the tribunal was always on the watch to resist the minutest infraction of its prerogatives or disregard of its dignity. When, in 1702, Jacinto Nadal, a familiar of Onteniente, received a summons to appear before Don Pedro Domenech, a criminal judge of the Audiencia, he at once appealed to the tribunal which sent word, on May 29th, that he had been under arrest since March 25th and the papers in any charge against him must be surrendered to it. It turned out that Domenech only wanted him to enter security for his son and, when this was done, the inquisitors complained that Nadal had done wrong in going to the judge after appealing to them, and that Domenech had not treated them with proper respect, so that some months were required to arrange a truce between them. ⁽⁴⁹⁾
 

Aragon was a source of greater trouble than Valencia. The popular spirit was more independent, it had resisted the introduction [450] of the Inquisition until the murder of San Pedro Arbués had rendered further opposition impossible, it had been cheated of the fruits of the tenacity of Juan Prat and it possessed an institution peculiar to itself, designed to limit the encroachments of the sovereign power and well adapted to restrain the arrogance of anything less formidable than the mingled spiritual and temporal jurisdiction of the Holy Office.

The origin of the court of the Justicia of Aragon was fondly attributed by the Aragonese to the legendary times of the kingdom of Sobrarve and there is fair probability in the theory of the latest writer on the subject that it was derived by the Christians from the conquered Moors. ⁽⁵⁰⁾ In the thirteenth century the Justicia was already judge between the king and his subjects; every precaution was taken to render him independent; he was irremovable by the king and even his resignation was void; he could accept no office from the king; he was not liable to arrest and in a case of prosecution the Córtes sat in judgement on him; every person in the kingdom was required to obey his commands, to respect his decisions and to aid in their enforcement. His court consisted of his assessors or lieutenants, originally appointed by him, but subsequently by the king. The Córtes of 1528 increased the number to five, submitting fifteen names to Charles V, who selected five, while the rest were placed in a bolsa and drawn as vacancies occurred. They were virtually the equals of the Justicia, for the assent of a majority was required in all judgements and all precautions were taken to secure their independence. ⁽⁵¹⁾ It is true that, in spite of the inviolability of the Justicia, there were cases on record in which Justicias had been made way with and that, on the suppression of the rising caused by Antonio Pérez, in 1591, the Justicia, Juan de Lanuza, was beheaded without trial, and in the ensuing Córtes of Tarazona the appointment of both Justicia and lieutenants was surrendered to the king. ⁽⁵²⁾ Nevertheless the court of the Justicia was regarded by the Aragonese with the greatest pride and reverence, as the safeguard of their liberties and the highest expression of [451] judicial authority existing in the world; it was the bond that united the state and the foundation of its tranquillity. When the Justicia authorized the cry of Contrafuero! Viva la Libertad y ayuda á la Libertad! it summoned every citizen to sally forth in arms to defend the liberties of the land. Moreover, he had the power of withholding from execution all papal decrees, and his authority in ecclesiastical matters in general caused him to be popularly termed the married pope. ⁽⁵³⁾

So far as we are concerned, the power of the court was exercised through two processes, the manifestación and the firma. The former was a kind of habeas corpus, under which a person had to be produced before it, either to be liberated on bail or to be confined in the cárcel de manifestados--a special prison over which even the king had no jurisdiction. The summons of a manifestación had to be obeyed, even if the subject were on the gallows with the halter around his neck, or if it was addressed to the highest secular or spiritual court of the land. It was a privilege to which every citizen was entitled; when, in 1532, Charles V sent orders that Don Pedro de Luna should be deprived of it, he was not obeyed, and a special envoy was sent to him in Germany, asking the prompt withdrawal of the command as, until the return of the messenger, the land would be in great suspense. The firma was of various kinds, but in general it was of the nature of an injunction, stopping all proceedings and summoning the parties before the court of the Justicia, where their cases would be determined, and it was especially useful in preventing arbitrary arrests and seizure of property. Failure to obey a firma was promptly followed by seizure of temporalities and, under a fuero of King Martin, it could be served on the king himself. One was served on Charles V, at Valladolid, and again one on the papal nuncio and, when the latter disregarded it, his temporalities were sequestrated. Such a jurisdiction could not fail to come into collision with the Inquisition, against which its powers were frequently invoked, and the favorite device of the tribunal, of evading service by closing its doors, was unavailing, for attaching the firma to the gates was held to be legal service. In 1561, the Justicia granted a manifestación to Don Juan Francés del Ariño, in a case not of faith; the tribunal prepared to answer by fulminating excommunications, but the court issued a monitorio [452] against it, when a settlement was reached which both parties considered satisfactory. In the same year, when the inquisitors arrested Bartolomé Garate, secretary of the court, it served a monitorio upon them and, in 1563, it did the same for the censures issued against Augustin de Merlanes, of the criminal council of the Audiencia. In 1626, when Pedro Banet, secretary of the tribunal, was accused of the murder of Juan Domingo Serveto, the action of the inquisitors led to the issue against them of a firma and monitorio, under which their temporalities were seized and this was followed by another firma, prohibiting the use of excommunication. ⁽⁵⁴⁾

Under such institutions, animated by such a spirit, it was inevitable that the extension of the temporal jurisdiction of the Holy Office should provoke a bitter and prolonged conflict. We have seen the early struggles of this; how concessions were wrung from monarch and Inquisition, to be disregarded by them as soon as the momentary pressure had passed, and how the remonstrances of the Córtes of 1528 and 1533 were contemptuously brushed aside. The grievances were real and the Suprema knew them to be such, but the policy was invariable of denying their existence and refusing amendment when asked for by the sufferers. The temper in which complaints were heard was significantly manifested when, in 1533, the Córtes of Monzon adopted certain articles and presented them to Inquisitor-general Manrique and the Suprema, with the request that they should be adopted. Thereupon Miguel de Galbe, fiscal of the tribunal of Lérida, addressed to Manrique a formal accusation, naming four members of the Córtes, who seem to have been the committee deputed to communicate with the Suprema, asking that they and all who had advocated the articles should be prosecuted as fautors of heretics and impeders and disturbers of the Inquisition, while the articles in question should be publicly torn and burnt as condemned and suspect of heresy, injurious to the honor of God and prejudicial to the Holy Office. ⁽⁵⁵⁾ Parliamentary discussion had doubtless been warm and freedom of debate and legislation was contrary to the principles of the Holy Office. Possibly it was the unpleasant experience of the Suprema on this occasion [453] that led it to keep away from the Córtes of Monzon in 1537 and to order the inquisitors to do likewise or, if their duties called them there, to keep silent. Thus, when the Córtes asked the emperor to make the Inquisition obey the laws, he was able to promise accordingly and then the Suprema could subsequently argue it away in a consulta. ⁽⁵⁶⁾

The remedial decree of Prince Philip, in 1545, was limited to Castile, and Aragon was coolly told that its customs were different. Abuses continued unchecked and at the Córtes of Monzon, in 1547, a long series of grievances was presented to the inquisitor-general, as though the crown had ceased to be a factor. The bull Pastoralis officii, by which Leo X had confirmed the Concordia of 1512, had limited the number of familiars to ten permanent ones in Saragossa and ten temporary ones elsewhere as needed, in place of which the number was between five hundred and a thousand; the bull had prescribed that they should be married men of good character, in place of which many were bandits and homicides and of notoriously evil life; the bull had ordered dismissal for officials and familiars who did not pay their debts or who engaged in trade, whereas the fuero was held to cover debts contracted and offences committed prior to appointment; when they became bankrupt they took refuge with the tribunal and the creditors were unpaid; if they were creditors of a bankrupt they seized all the assets and others got nothing; men procured appointments in order to revenge themselves in safety on their enemies; it was impossible to collect debts of them and this protection was extended even to women. A woman who claimed that her father had been a familiar was thus defended from her creditors; the brother of a notary of the tribunal, who had committed an offence, caused the aggrieved parties to be arrested and the inquisitors held them until they were forced to a compromise. How little hope there was of redress for all this is visible in the contemptuous indifference with which Inquisitor-general Váleles answered the several articles. As to bandits and homicides being made familiars, he said the Inquisition had need of all kinds of officials for its various functions, and as to the specific complaints the stereotyped answer was that any one deeming himself aggrieved could appeal to the Suprema and get justice. ⁽⁵⁷⁾

[454] The Concordia of 1553 was applicable to Castile alone and that of 1554 to Valencia. Aragon remained without the slender alleviation provided for in the latter, for the adjustments of 1512 and 1521 were treated as non-existent. At the Córtes of 1563-4 the complaints were so vivacious that, as we have seen, Philip promised investigation which resulted in the Concordia of 1568. The formula for Aragon was virtually the same as the combined Valencia Concordias of 1554 and 1568, the evils with which the two kingdoms were afflicted being virtually the same. As usual, familiars were the class that excited the bitterest hostility. Their commissions were all to be called in and then sixty were to be appointed for Saragossa, while the other towns were assigned from eight to one or two according to population. Their character was to be closely scrutinized and all bandits, homicides, criminals, powerful nobles, frailes and clerics were to be excluded, and no one was to enjoy the fuero whose name was not on lists presented to the magistrates. They were to have, in criminal matters, the active and passive fuero but in civil suits only the passive; it was the same with servants of officials, while officials themselves had active and passive in both civil and criminal. The utmost caution and moderation was prescribed in the employment of inhibitions and excommunications of the royal judges, and the royal alguazils were not to be arrested save in cases of grave and notorious infraction of inquisitorial rights. ⁽⁵⁸⁾

The Concordia did not bring concord. In 1571 there arose a bitter dispute between the tribunal and the court of the Justicia, in which excommunications were freely used and, in December, the Diputados appealed to Pius V to evoke the case and remove the censures, but he told them to go to the inquisitor-general. After the death of Pius, the kingdom insisted with Gregory XIII and, in December, 1572, obtained from him a brief committing the case to the Suprema or to Ponce de Leon the new inquisitor-general, but, at the same time, he ordered that some remedy be found to prevent the inquisitors from abusing the privileges conceded to them by the canons and the popes. ⁽⁵⁹⁾ The next year, 1573, formal complaints were made by the kingdom of infractions of the Concordia and, by 1585, aggravation had reached a point that the Córtes asked for a new concordia. Philip promised to send a person to Saragossa to gather information as to grievanees [455] alleged against certain inquisitors and officials, after which arrangements were made for the drafting and acceptance or rejection of a new agreement, but there is no trace of any resultant understanding. ⁽⁶⁰⁾ Quarrelling necessarily continued with little intermission. In 1613 the removal of the name of Juan Porquet, a familiar, from insaculación, by the royal commissioner of Tamarit, gave rise to a great disturbance which was long remembered and, in 1619, there was a clash between the tribunal and the captain-general, which caused much scandal, resulting in the governor being summoned to Madrid, where he was kept for four years. ⁽⁶¹⁾

Thus it went on until, in 1626, the Córtes were again assembled. It was known that demands for relief would be made and the Suprema asked Philip to submit to it whatever articles were proposed, in reply to which he assured it that there should be no change to its prejudice, but that he would procure its increase of privilege. ⁽⁶²⁾ The chief business of the Córtes was the questions connected with the Inquisition. Philip was not present and his representative, the Count of Monterrey, did not feel empowered to grant the demands made. The only absolute action taken was to adopt as a fuero or law the Concordia of 1568, which hitherto had only the authority of the orders of the king and inquisitor-general. As regards reform, it was left to a commission, consisting on one side of royal appointees and on the other of four delegates named by each of the four brazos or estates. The commission framed a series of fourteen articles, by no means radical in their character, but Philip procrastinated in confirming or rejecting them; the Suprema, in 1627, appealed to Rome to withhold papal sanction and they were quietly allowed to drop, on the pretext that the Concordia of 1568, now erected into law, would suffice to prevent future grounds of complaint. How futile this was is apparent from a conflict which occurred during the sitting of the commission. The assessor of the governor, as was his duty, entered the house of the secretary of the tribunal, flagrante delicio, for a most treacherous murder attributed to him. Although his obligation to do this was notorious, arrest of subordinates followed on both sides and the indignant people were [456] with difficulty restrained from a tumult. The royal officials at once took steps to form a competencia, in conformity with the Concordia which had just been erected into a law; this required all proceedings to be suspended but the inquisitors excommunicated the assessor, refusing to join in the competencia because, as they asserted, the case was an evident one, thus assuming that they could set aside all law by merely declaring that a case was evident. ⁽⁶³⁾

The Inquisition had never been restrained by the Concordia and now that it had again baffled the Córtes it was still less inclined to submit to restraint. Quarrels continued as virulent as before, a single example of which will illustrate its invincible tendency to extend its jurisdiction on all possible pretexts. Berenguer de San Vicente of Huesca, in 1534, had founded in that city the College of Santiago and when, in 1538, the municipality added an endowment of more than six thousand ducats, he made the magistrates its patrons. In 1542 he procured from Charles V a cédula, confirmed by the pope, making the inquisitors of Aragon visitors or inspectors of the college, during the royal pleasure and so long as they should perform their functions loyally and well. This supervisory function they stretched in course of time to bring the college and all its members under their jurisdiction, although in 1643 it was asserted that the last visitation had been made in 1624. This power they exercised in most arbitrary fashion. When an attempt was made to burn the college and the town offered a reward for the detection of the incendiary, they interposed with the threat of an interdict and frightened the citizens into submission. In 1643 a pasquinade against some of the inhabitants led to the prosecution of the rector of the college, Dr. Juan Lorenzo Salas, who promptly procured letters from the tribunal inhibiting further proceedings and demanding all the papers. The patience of Huesca was exhausted. It declared its position to be intolerable, for the students appealed to the fuero in all disputes with the townsmen, and the result of the stimulus thus given to that turbulent element was driving away the population and every one lived in apprehension of some terrible event. To gain relief it applied to the Audiencia for a competencia but was told that this was impossible, whereupon it obtained from the court of the Justicia a firma prohibiting the [457] inquisitors from acting; they refused to allow it to be served when it was put on the gate of the Aljaferia with notice that if answer was not made within thirty days it would be followed with exile and seizure of temporalities. The Suprema ordered the inquisitors to answer by excommunicating all concerned. Philip was then in Saragossa, on his way to Catalonia to put himself at the head of his army, for the disgrace of Olivares had forced him to govern as well as to reign, but he was compelled to distract his thoughts with these miserable squabbles. The Council of Aragon appealed to him to require the inquisitors to show cause why they should not be deprived of the visitation and to impose silence on all until he should reach a decision; the Audiencia rendered an opinion that the court of the Justicia could not refuse to issue the firma and, if the complainant insisted on its service, it must be served if the whole power of the kingdom had to be called upon. On the other hand the Suprema declared that the service of the firma was unexampled and urged the king to support the Inquisition in a matter on which depended the ruin or the preservation of the monarchy, for it would be better to close the Holy Office than to expose its jurisdiction to such disgrace, while in these calamitous times favor shown to the Inquisition would placate God and insure the success of his arms. Philip's reply was long and maundering, irresolute between his reverence for the Inquisition and his fear of alienating in his extremity the Aragonese by violating their most cherished privileges. If Huesca would desist from the service of the firma he would order the tribunal to form a competencia. Huesca, however, was intractable; its very existence, it asserted, was at stake and it begged the king not to interfere with the legal remedies to which it had been forced and, in conveying this reply to the king, the Council of Aragon warned him that it could not prevent Huesca from serving the firma, as this would be a notorious violation of the law on the point regarded by the kingdom as most essential. Yet, after all, the question was evaded by the device of appointing as visitor of the college the inquisitor Juan Llano de Valdés, who succeeded in reaching an agreement with the city. It would seem that thereafter special visitors were nominated for, in 1665, we hear of such an appointment issued to Inquisitor Carlos del Hoya and it may be doubted whether Huesca gained much. ⁽⁶⁴⁾

[458] These disturbances mark the highest point reached by the Inquisition in Aragon as regards its temporal jurisdiction. How little cause of complaint it really had, and how Aragon, in spite of its sturdy independence, had endured greater abuses than those permitted in Castile, is evinced in a suggestion made by the Suprema, February 11, 1643, in response to a demand from the king to devise some new source of raising money for the bankrupt treasury. This was that if he would grant to the familiars of Castile the same privileges of active and passive fuero enjoyed by those of Aragon, they would cheerfully contribute to a considerable assessment, with the added advantage of diminishing the competencias which caused so much trouble and loss of time. ⁽⁶⁵⁾ Such a proposal affords the measure of the wrongs inflicted on society by those who profited by their exemption from the secular courts, for even the more limited privileges of the Castilian familiars rendered the position one to be eagerly sought, in spite of the considerable cost of proving the condition precedent of limpieza, or purity of blood. These evils were vastly aggravated by the fact, as we shall see hereafter, that the tribunals never regarded the limitation on numbers prescribed by the Concordias, but filled the land with these privileged persons who, for the most part, turned to the best account the protection of the Holy Office.

That Aragon should be permanently restive under this adverse discrimination was inevitable and the time had come when it could dictate in place of supplicating. Since the Córtes of 1626 twenty years elapsed before Philip found himself constrained to assemble them again. The situation was desperate; the Catalan rebellion bade fair to end in the permanent alienation of the Principality to France, and it was not wise to impose too severe a strain on the loyalty of Aragon, when the Córtes met September 20, 1645, for a session of fifteen months. In preparation for the struggle, the Suprema presented to the king, September 30th, an elaborately argued memorial in which it told him that the calamities of the war should lead him to greater zeal in fortifying the Inquisition with new graces and privileges, so as to win the favor of God, whose cause they served and from whom alone was relief to be expected. It was therefore asked that whatever demands on the subject should be presented should be reserved for discussion with the inquisitor-general and Suprema. ⁽⁶⁶⁾ Philip [459] doubtless made the desired promise, but the Aragonese had too often found their hopes frustrated in this manner to submit to it again under existing circumstances.

The Córtes lost no time in presenting their petition on the subject, which asked for radical reform in all the Aragonese kingdoms. The jurisdiction of the Inquisition was to be confined to cases of faith and to civil and criminal actions between its officials. In certain mixed cases, such as bigamy, unnatural crime, sorcery, solicitation and censorship it should have jurisdiction cumulative with the appropriate secular and spiritual courts. A number of minor points were added, including a demand that all inquisitors and officials should be natives and it was significantly stated that the petition was presented thus early in order that it might be granted, so that the Córtes could proceed more heartily with the servicio that was asked for. This paper was submitted to the Suprema which replied in a long consulta, March 31, 1646, arguing that the Inquisition had been introduced into Aragon without law and was independent of all law. It proceeded to demonstrate, as we have seen (p. 345), that its temporal jurisdiction was inalienable and that the Concordias were compacts which could not be modified without its consent. The officials were so abhorred that it would be impossible for them to perform their duties if they were not thus protected. If the Córtes should stubbornly insist, the king was urged, like Charles V in 1518, to remember his soul and his conscience, and to prefer the loss of part of his dominions rather than consent to anything contrary to the honor of God and the authority of the Inquisition. ⁽⁶⁷⁾

The policy of the Suprema was to carry the war into Africa, and it followed this manifesto with another demanding that the court of the Justicia should be prohibited from issuing firmas and manifestaciones in cases concerning the Inquisition. Both sides asked for more than they expected to get and, when the Córtes answered these papers, June 20th, after numerous citations to disprove the arguments of the Suprema and an exposition of the hardships caused by the existing system, they opened the way to a compromise by pointing out that Castile for nearly a hundred years had enjoyed what Aragon had vainly prayed for, and concluded by suggesting that the best settlement would be to confer on Aragon the Concordia of Castile which had been thoroughly [460] discussed by lawyers and its practical working determined and understood. ⁽⁶⁸⁾

Finally the demands of the Córtes were formulated in a series of twenty-seven articles, which were prudently declared to be law, whether confirmed or not by the inquisitor-general. Of these the essential ones deprived familiars of the active and passive fuero in civil suits, of the active in criminal cases, and excepted certain specified crimes in the passive. Servants of salaried officials were put on the same footing in criminal matters. The number of both familiars and salaried officials was limited to four hundred and fifty in the whole kingdom and those who held office were deprived of the fuero for official malfeasance; in cases not of faith the use of torture was prohibited as well as confinement in the secret prison; all cases, whether civil or criminal, were to be concluded within two years; fraudulent alienation of property to officials, so as to place it under the fuero, was declared invalid; all persons or bodies, in case of violation of these provisions, had the right to avail themselves of all remedies known to the laws of the land, while to the tribunal was reserved the power to employ censures and other legal processes. A concession was made by granting to both officials and familiars the right of asylum in their houses, relief from billeting, exemption from arrest for debt, capacity to hold office and freedom from tolls, ferriages, etc. In return for this the Córtes were liberal with the servicio, agreeing to keep in the field two thousand foot and five hundred horse for four years, paying them two reales a day, while the king should find them in food, arms and horses. ⁽⁶⁹⁾

In these conditions there was nothing affecting the faith or restricting the persecution of heresy; nothing save a prudent regard for the peace and protection of society from the intolerable burden of gangs of virtual bandits clothed in inviolability. Yet Philip resisted to the last extremity these reasonable concessions, which merely placed Aragon on the same footing as Castile. We are told that he declared that he cherished the Inquisition as the apple of his eye and that he exhausted every means to preserve its privileges. He offered to concede everything else that was asked; he endeavored to win the Aragonese by bribing them with royal grants and graces, of which three hundred and sixty were published in a single day, with the names of the recipients, [461] but nothing could overcome the hatred felt for the Holy Office and the brazos were immovable. In his perplexity he appealed to his usual counsellor, the mystic Sor María de Agreda, affirming his determination to uphold the Inquisition, and he must have been surprised when that clear-sighted woman advised him to compromise, for a quarrel with Aragon might turn it to the side of Catalonia and lead to the permanent disruption of the monarchy. Even this failed to move him. He endeavored to depart for Madrid, but deputation after deputation was sent to the convent of Santa Engracia where he was lodged, insisting on his confirmation of the articles and detaining him for two or three days while his coach stood ready at the gate, until at last he yielded, seeing that there was no alternative. The writer who records this adds that the people rejoiced and since then in Aragon, where the Inquisition had stood higher than elsewhere, for an inquisitor was regarded with more reverence than an archbishop or a viceroy, it has so fallen in estimation that some say that all is over with it. The officials and familiars feel this every day in the withdrawal of their privileges and exemptions, and it is palpable that in all that does not concern the faith, the ancient powers of the tribunal of Aragon are prostrated. ⁽⁷⁰⁾

It was not long before the sullen yielding of the Inquisition to the changed situation was manifested in a case which did not tend to restore it to reverence. Inquisitor Lazaeta was involved in an intrigue with a married woman of San Antori, whose husband, a Catalan named Miguel Choved, grew suspicious and pretended to take a journey. Lazaeta fell into the trap. October 27, 1647, he went to the house at nightfall, leaving his coach in hiding behind the shambles; the coachman waited for him in vain, for the injured husband had entered by a side-door and given him a sword-thrust of which he died in the street, while stumbling forward in search of his coach. The woman escaped and Choved disappeared, but some demonstration was necessary and the tribunal arrested one Francisco Arnal as an accessory. The court of the Justicia issued a manifestación in his favor, when the inquisitors complained of the interference with their functions of such orders and that the tribunal could not be maintained if they were to be banished and their temporalities be seized whenever they judged that a case was not comprehended [462] within the fueros. To this the Council of Aragon replied that the court of the Justicia always acted with great caution and that, in the present case, Arnal had renounced the manifestación and had been returned to the tribunal, which had found him innocent and had discharged him. The Suprema insisted that it would be better to remove the tribunal from Aragon than to have it subjected to such insults, to which the Council rejoined that there was no admission of firmas and manifestaciones except in matters not of faith; if the inquisitors would keep within their just limits, such troubles would be avoided, while, if they exceeded them, the kingdom must avail itself of the remedies provided by the laws. ⁽⁷¹⁾ Now in this case the tribunal was strictly within its rights under the Concordia and its abstention from excommunication and interdict indicates how thoroughly it was humbled.

Another grievance of the Inquisition shows how completely the tables were turned. September 23, 1648, the Suprema represented in a consulta that the tribunal had been notified to reduce the number of its officials and familiars to the prescribed four hundred and fifty, which had not been done under the plea that the number was insufficient, that the Concordia did not order the dismissal of the overplus and that the incumbents could not be deprived of their rights. Still there was little doubt that persistent refusal would lead the Diputados to obtain a firma compelling a selection and until this was done no familiar would be allowed to enjoy their privileges--in fact a number of towns had already assumed this position and others were taking steps to obtain firmas. The Suprema endeavored to show the illegality of this on the ground that the Concordia of 1646 was not valid in the absence of confirmation by the inquisitor-general. Philip submitted this to the Council of Aragon and merely transmitted its answer, in non-committal fashion, to the Suprema for its information. This took the ground that only the secular and royal jurisdiction was concerned; the king had confirmed the laws which provided that the acquiescence of the inquisitor-general was unnecessary; if parties were aggrieved they could apply to the court of the Justicia. ⁽⁷²⁾

Under these conditions, the laws of 1646, by restricting the [463] tribunal to its proper functions, were a severe blow to its predominance, diminishing the terror which it inspired and affecting in some degree its finances. The continual suits brought before it had afforded a rich harvest of fees for its officials and the fines imposed had been a resource to its treasury. All this fell off greatly and, in 1649, the Suprema reminded Philip that, in 1646, it had predicted this result and he had promised indemnification by a fixed income to be paid by Aragon or by the royal treasury; although it did not regard the laws as binding in the absence of confirmation by the inquisitor-general, and had resisted their execution in every way, still they were executed and the officials were suffering keenly from their diminished fees, wherefore it asked the king to grant to the four notaries and messengers eight hundred ducats a year out of the fund for the Catalan refugees. This demand, and the impudent assertion of the nullity of the laws which he had approved, provoked Philip into one of his rare assertions of kingship. The Catalan fund, he replied, could not be touched; he would listen to other suggestions for the relief of the incumbents but not of their successors; he was master of the secular jurisdiction granted to the Inquisition for his service and could make laws and abrogate them at his pleasure. ⁽⁷³⁾

Philip had learned a lesson and the laws of 1646 were duly executed. When, in 1677, there was another convocation of the Córtes of Aragon, the Suprema, in a suppliant tone contrasting strongly with its former arrogance, begged Carlos II to influence them to condescend to a modification. It gave a most dolorous account of the condition of the Saragossa tribunal resulting from that legislation. It forebore to discuss whether the officials had given just cause of complaint, but the total destruction of the Inquisition was curing one malady by introducing a worse one, and the Inquisition of Aragon had been destroyed. The number of officials was reduced below that at the time of its foundation, and its poverty was so great that wages were unpaid and the tribunal would probably have to be abandoned. The treasurer was compelled to collect its income and debts through the court of the Justicia, where it was impossible for him to carry on so many suits, so that only those paid whose consciences compelled them. The reduction of the officials impeded its usefulness; possibly there were fewer culprits but certainly there were fewer convictions--less in Aragon than in the other provinces--and a [464] single one who escaped correction was a matter of greater consequence to God than the enjoyment of the fuero by five hundred persons. It was impossible to fill the allotted number of familiars, for the fuero in criminal matters left to them was rather a disadvantage, for they died in prison owing to the interminable delays in settling the numerous competencias, while other defendants were released on bail. At the same time the deprivation of the active fuero exposed them to the effects of the general hatred felt for them. It was inconceivable that, in so pious a nation, this hatred could be caused by their functions, but its existence was a matter of experience and, in the absence of protection, the risks to which it exposed them prevented men from seeking the position. The Inquisition did not desire jurisdiction, but it could not exist without revenue and officials, and it therefore prayed the king that proper measures of relief be discussed in the Córtes, or a junta could be formed from both parties and a new Concordia be framed. Even allowing for customary exaggeration, this paper shows how greatly the Inquisition had outgrown the functions for which it had been imposed upon the people.

The concessions asked for were singularly moderate--that the treasurer should not be required to make collections through the court of the Justicia, that more familiars be allowed--though it had just been said that they could not be had--that they be admitted to bail during competencias, and a timid suggestion respecting the firma and manifestación. The time, however, was not propitious even for demands so modest. The youthful Carlos II had just relegated his mother to a convent and her favorite Valenzuela to the Philippines; all power was in the hands of Don Juan of Austria, who held the inquisitor-general Valladares to be his personal enemy. The appeal of the Suprema was received unsympathetically and it seems to have gained nothing. That the Aragonese were content with the situation appears from the fact that the only complaint made by the Córtes regarded the non-observance of a law of 1646 prescribing the number of natives to be employed by the tribunal, and this arose merely from greed of office, for they suggested that, for each foreigner appointed in Aragon, an Aragonese should have a corresponding berth in a tribunal elsewhere. ⁽⁷⁴⁾

The legislation of 1646 remained a finality. As late as 1741 the Suprema remonstrated against the Audiencia of Saragossa [465] for impeding the jurisdiction of the tribunal by employing the firma, which, with customary disingenuousness, it characterized as an innovation. ⁽⁷⁵⁾
 

Catalonia was as intractable as Aragon, while its more pronounced spirit of independence rendered it particularly troublesome. Although it lacked the institution of the Justicia, it had a somewhat imperfect substitute in the Banch Reyal, or King's Bench, which was used in the appeals por via de fuerza from the spiritual courts. The Audiencia summoned the ecclesiastical judge before it and his disregard of the summons was followed by a decree of banishment and seizure of temporalities. The inquisitors denied their liability to this, the Catalans asserted it, and the endeavor to enforce it was a serious cause of quarrel. It was not without influence, for a memorial, in 1632, from the inquisitors complains that the Duke of Maqueda, when viceroy in 1592, had employed it against the tribunal, since when the veneration felt for the latter had greatly declined, and a complaint of the Catalan authorities to Carlos II, in 1695, describes it as the sole refuge and protection of the people from the oppression of the inquisitors and ecclesiastical judges. ⁽⁷⁶⁾

We have already seen the Concordia reached in 1512, abolishing most of the then existing abuses; how it was sworn to by king, inquisitor-general and inquisitors, and how a similar oath was to be taken by all future inquisitors; how Leo X obligingly released them all from their oaths; how Ferdinand, just before his death, accepted the conditions, in December, 1515, and the complaisant pontiff, in the bull Pastoralis officii, confirmed them, and how Barcelona, in return, bound itself to a yearly subvention of six hundred ducats. It is well to recall these facts in view of the bare-faced denials with which subsequently the Catalan complaints of non-observance were persistently met. Even while the papal dispensation from the oaths was still in force, the Instructions issued by Inquisitor-general Mercader, in 1514, prescribed rules which, if observed, would have removed the leading causes of complaint. Any official or familiar committing a crime deserving of corporal punishment was to be denounced to him, when he would dismiss the culprit and punish the inquisitor [466] who tolerated it. The civil suits of officials were to be brought in the court of the defendant; if the official was plaintiff, all proceedings before an inquisitor were pronounced invalid and both official and inquisitor were to be punished; even when both parties to a contract agreed to accept the forum of the tribunal, inquisitors were forbidden, under pain of punishment, to entertain the case. Secular officials could arrest familiars caught in the act. Officials were forbidden to engage in trade, even through third parties, and were deprived of the fuero for all matters thence arising, and similarly if they purchased claims subject to suits, nor could they employ other officials to collect debts connected with their private estates. ⁽⁷⁷⁾ Although these Instructions were in force for only a year or two, they have interest as manifesting Ferdinand's purpose that the Holy Office should not be distracted from its legitimate functions or be used to oppress his subjects or to minister to private greed. He could, at the same time, believe that it required special privileges, for it did not as yet inspire awe in so turbulent a population. In that same year, 1514, at Lérida, the inquisitor Canon Antist was besieged in his house and the assailants were with difficulty beaten off, after which they defiantly walked the streets, uttering challenges to his defenders. ⁽⁷⁸⁾

A further victory was gained by the Catalans at the Córtes of Monzon in 1520, when, on December 28th, Cardinal Adrian, in the most solemn manner, not only swore to observe the articles of 1512 but presented for attestation a document from Queen Juana and Charles V, promising investigation and redress of charges brought against certain officials, and enacting that, to prevent such abuses for the future, all offences disconnected with the faith, committed by officials, should be tried by the ordinary courts, thus depriving them of the much-prized criminal passive fuero. This, too, Adrian swore to observe when the necessary papal confirmation should be obtained--a confirmation which the Inquisition probably had sufficient influence to prevent, as there appears to be no further trace of it. ⁽⁷⁹⁾

The articles of 1512 thus were a compact in which the Catalans, the king, the Inquisition and the pope all joined in the most [467] solemn manner, pledging all future inquisitors to swear to them. For a while this latter clause was observed. Fernando Loazes, who was inquisitor of Barcelona for twenty years from about 1533, took the oath, but he was promptly involved in a quarrel with the magistrates in which Juan de Cardona, Bishop-elect of Barcelona, was induced, as papal commissioner, to prosecute him for perjury, and after that no inquisitor took the oath. ⁽⁸⁰⁾ In this they were wise for they emancipated themselves completely from the Concordia. The Córtes of 1547 complained of the inordinate multiplication of familiars, over the thirty allowed by it, and of the neglect to furnish lists or other means for their identification, together with other infractions, but Prince Philip replied that he would consult the Suprema and would reach appropriate conclusions, which of course ended the matter. ⁽⁸¹⁾ How completely the provisions of the Concordia were ignored is manifest in 1551, when Catalina Murciana asked relief in the veguer's court from suits brought against her in the Inquisition by the fiscal, the Abbot of Besal·, when she was entitled to her own court. On refusal of redress by the inquisitor, Juan Arias, a monitorio was obtained from the Banch Reyal, whereupon Arias threw the officials of the veguer's court into prison and kept them there. The matter was carried up to the Royal Councils with the result that the judges of the Audiencia were ordered to erase all record of the affair from their dockets and appear in person before the inquisitor to report to him that it was duly expunged. ⁽⁸²⁾

Thus supported by the monarch, the tribunal exercised its powers at discretion without regard to compacts. The report, in 1561, by Inquisitor Gaspar Cervantes of the visitation which he had just completed, describes the disorders which had long reigned in all departments. The last visitation had been made in 1550 and its recommendations had been wholly ignored. It had ordered a reduction in the number of familiars and that lists of them be sent to the Suprema, which had not been done; in fact the tribunal itself had kept no correct register; it had a hundred and eight names recorded for Barcelona, but when they were ordered to present their papers under penalty of being dropped, only sixty-eight of these came forward, while there were thirty-one who were not registered. The number, he said, should [468] be reduced and more care be exercised in the selection; many of the laymen were bandits and the clerics were men of bad character, who sought the office to obtain exemption from their prelates. All this resulted in so much secular business that it seemed to be the real duty of the tribunal and that nothing else was attended to--in fact there was so little to do in matters of faith that the inquisitors could well be spared from Barcelona and employ themselves in visiting their district. All this is explicable by the exorbitance of the fees charged, about which there was much complaint. There was no authorized fee-bill. In civil cases the inquisitors charged from two and a half to ten per cent, on the amount at issue, depending on its magnitude, with a maximum of seventy-five libras; in criminal cases they received nothing but had the opportunity of inflicting fines. The officials had fees for every act, drawing and copying papers, serving notices, summoning witnesses, levying executions, etc., etc., and there was a standing quarrel between the notaries of the three departments--of the secreto, or tribunal of faith, of sequestrations and of the juzgado, or court of confiscations--as to which should have the business. ⁽⁸³⁾

That the Córtes of Monzon, in 1563-4, should protest energetically against these abuses was natural. Indeed, a Catalan named Gaspar Mercader carried the protest so far as to say, among other odious things, that the Inquisition had been introduced only for a limited time which had expired and that it should be abolished, for which the tribunal arrested, tried and punished him. ⁽⁸⁴⁾ In spite of this interference with the freedom of debate, the general disaffection, as we have seen, led to the visitation of de Soto Salazar. In Barcelona he found that not the slightest attention had been paid to the orders of the Suprema based on the report of Cervantes. Advocates, familiars and commissioners continued to be appointed in profusion, without investigation as to fitness. When an inquisitor visited his district he carried with him blank commissions which he distributed at will. All these, with their families, were protected and defended by the tribunal in civil and criminal cases, nor was this all, for it would seem that any one who claimed the fuero, whether he was entitled to it or not, was admitted and, in the absence of lists filed with the magistrates, the latter had [469] no means of resisting the arrogant and peremptory demand of the tribunal to surrender cases. Instances were given which showed that the tribunal was a court where justice--or rather injustice--was bought and sold and there had been no reform in the excessive fees which had scandalized Cervantes. ⁽⁸⁵⁾

That it should be hated was inevitable. In 1566, Govilla, Bishop of Elna, defending himself for acts committed when he was inquisitor of Barcelona, declared that the Inquisition was even more odious in Catalonia than elsewhere. ⁽⁸⁶⁾ This hatred sometimes expressed itself more forcibly than by complaints. In 1567, the evocation of a case, which the local authorities claimed as their own, led to the fiercest excitement which the viceroy fruitlessly sought to allay and appealed to Philip II for his immediate interposition. Disregarding the inviolable secrecy of the Inquisition, the Diputados, with the veguer, forced their way into the palace, penetrated to the audience-chamber where the inquisitors were trying a case, and inventoried and sequestrated everything, even to the private property of the Inquisitor Padilla in his apartments--apparently a seizure of temporalities under an order of the Banch Reyal. Even more flagrant was the insult committed when the messenger and the secretary were conveying from Perpignan to Barcelona two government officials accused of impeding the Inquisition and also a prisoner under a charge of heresy. Near Gerona, one of the Diputados, at the head of an armed band, seized the whole party and carried them back to Perpignan, where they were paraded through the streets with blare of trumpets, as though criminals on the way to execution, and were then cast into prison, where they lay until discharged without accusation. This was a most serious assault on the dignity of the Holy Office and even worse was permitting the escape of the heretic, but it was obliged to submit without vindicating its authority. ⁽⁸⁷⁾

Such being the temper of the Catalans and such the provocation to meet lawlessness with lawlessness, it is not surprising that, when the Concordia of 1568 was prepared for the three kingdoms, Catalonia would have none of it. When, in September, it was submitted to the Diputados, they were incensed and proposed to send envoys to the king to remonstrate against it.

[470] There was a universal outcry that it was contrary to the constitution and privileges of the land; they would observe it in so far as it was in their favor, but as to the rest they were ready to lose life, property and children rather than to submit to it. In February, 1569, the inquisitors wrote that the people would not be content until they had driven the Inquisition from the land; as for themselves they proposed to go on as they had previously done until the Concordia should be accepted, to which the Suprema cordially assented. ⁽⁸⁸⁾

This attitude of mutual defiance was not conducive to peace. In 1570, there arose a quarrel so bitter that the Diputados invoked the protection and interposition of Pius V, and he urged Philip II to come to some understanding with them, in view of possible serious consequences. Philip took the position that they were so excited and so obstinate that any concessions would lead only to further demands, but he asked the pope to dismiss the envoys, referring them to him with recommendation for favorable consideration, so that anything that he might yield would be to the Holy See and not to recalcitrant subjects. The situation was critical; the rebellion of Granada was exhausting his resources, there was acute apprehension of attack by a Turkish fleet and the Catalans were soon afterwards called upon to contribute to the defence of the coasts, but if any concessions were enforced on the Inquisition they have left no traces. In fact, the Venetian envoy, Leonardo Donato, in his relation of 1573, states that, after the Catalans had spent a hundred thousand ducats in these efforts, the Inquisition imprisoned those who had been most active in the matter and that they subsequently refused to leave the prison without a formal declaration that they had not been arrested for heresy. ⁽⁸⁹⁾ Dissension naturally continued. In 1572 we hear of a demand from the Diputados that the inquisitors should show them their commissions and take an oath to obey the constitution of Catalonia, because they held rents on the Diputacion; the inquisitors acceded to the first of these and were rebuked by the Suprema because it was a demand that had been persistently refused before and they must not do it again. Then, in 1574, there came a complaint from all the cities that familiars [471] refused obedience to the local laws respecting prices, pasturage and other matters as required under the Concordia, to which the Suprema superciliously replied by instructing the inquisitors that, as the people had rejected the Concordia, they need not observe it. ⁽⁹⁰⁾ Then, in 1585, as we have seen (p. 416) the Córtes obtained an advantage in excluding familiars and officials from public offices.

In this spirit of undisguised hostility both sides were aligned for a decisive struggle in the Córtes of 1599, under the new royalty of the youthful Philip III. As the Catalan efforts failed and the Inquisition was left in possession of its usurped powers, the details of the contest have no interest except as an exhibition of shameless duplicity, by which the king tricked his vassals. They hoped to win favor by a subsidio of a million libras to the king and a hundred thousand to his bride, besides shrewdly granting ten thousand to the Marquis of Denia (soon to become Duke of Lerma) and six thousand to the Vice-chancellor of Aragon, ⁽⁹¹⁾ but they reaped nothing but deceit. Long discussions resulted in a series of articles, divided into two categories, to one of which Philip gave unqualified assent and to the other his assent as far as concerned himself, with a promise to procure that of the inquisitor-general and pope. It was proposed to withhold the pension of six hundred libras granted in 1520, if the papal confirmation were not procured within a year, but Philip declared that no such guarantee was necessary, for the letters which he had ordered to be written to the pope were so strong that no influence could counteract them. His despatches to his ambassador were sent through the Diputados in order to satisfy them, but they assuredly were not allowed to see others which instructed the ambassador to be circumspect in urging the matter. He also sent word to the inquisitor-general that the delivery of these despatches had been delayed in order to give him time to express his views. The Suprema, in appealing to Clement VIII to withhold confirmation, did not hesitate to say that Philip had endeavored to escape under cover of the inquisitor-general and pope and had finally signed only in so far as concerned himself. Indeed, in a subsequent official paper, it was unblushingly asserted that he had done so only to get rid of the Catalans. Under these influences it is needless to say that the [472] confirmation never came and the subsidio was the only practical result of the labors of the Córtes. ⁽⁹²⁾

One of the articles required the execution of the Concordia of 1520, which embraced that of 1512, the fulfilment of which the Catalans had never ceased to demand, and the manner in which these solemn compacts were argued away is instructive. In 1566, Govilla, Bishop of Elna, who had been inquisitor of Barcelona, calmly asserted that the articles of 1512 had been revoked as prejudicial to the free exercise of the Inquisition. The Suprema, in urging Clement VIII to refuse confirmation of the new Concordia of 1599, argued that the transactions of 1512 and 1520 were invalid through simony, as the Córtes had obtained the assent of Ferdinand in 1516 (sic) and of Charles in 1520 by conditioning subsidios on it. Leo's bull of condemnation in 1513 was relied upon and that of confirmation in 1516 was dismissed as obreptitious and surreptitious. So Cardinal Adrian's action in 1520 was represented as conditional on confirmation by the Holy See, and as in no way binding on the Inquisition. So, in 1632, the Barcelona tribunal drew up a statement to be laid before Philip IV by the Suprema, adroitly mixing up the affairs of Aragon and Catalonia and telling him that the Córtes of 1518 demanded the revival of the articles of 1512, that Charles refused to swear to them, that Juan Prat interpolated others, for which he was imprisoned and that the effort failed. In transmitting this the Suprema added that the fact that the Córtes never ceased to demand the enforcement of the articles showed that they had never been observed. ⁽⁹³⁾ From first to last it was a history of deception, in which kings conspired with inquisitors to betray their subjects, without even the excuse that the faith was concerned in these details of secular jurisdiction.

The Catalan temper was not soothed by the disappointment of 1599, and the refusal of redress prompted resort to forcible measures. There was a contest in 1608 in which the Banch Reyal uttered a sentence of banishment against the inquisitors; a vessel was made ready for their deportation but, when the day came, they barred their door and hung over it a portiere of black velvet to which was attached a crucifix. The city showed its piety by [473] placing candles in front of the síacred emblem and the chapter sent, priests to pray before it. No one ventured to disturb it; the Diputados, the chapter and the city authorities interposed, and an accommodation was reached. ⁽⁹⁴⁾ A more savage quarrel arose, in 1611, in consequence of the veguer disarming the coachman of an inquisitor. The city authorities seized the temporalities, laid siege to the palace of the Inquisition, sentenced the inquisitors to banishment and proclaimed it with trumpets through the streets. This they justified to the king by telling him that the Holy Office had been instituted for a limited term which had expired, so that it should be abolished in Catalonia and the cognizance of matters of faith be restored to the episcopal courts, all of which, we are told, gave his majesty much concern. ⁽⁹⁵⁾

Mutual detestation did not diminish and, when the Córtes of 1626 were approaching, the inquisitors anxiously urged the Suprema to impress upon the king that the peace and preservation of Catalonia depended upon the maintenance of their temporal jurisdiction. The deputies, they said, were holding daily juntas and accumulating stores of documents from the archives, asserting that the time had expired for which the Inquisition was instituted, and if they accomplish their intention they will destroy it wholly. That they were really alarmed is visible in their asking the Suprema to secure some compromise. The Suprema duly represented the danger to Philip IV, who in reply gave assurance that no prejudicial change would be approved, for his unceasing desire was to promote the exaltation of the Inquisition. After the Córtes had assembled, the tribunal reported, June 27th, that they had drawn up a series of articles effectually disabling the jurisdiction of the Inquisition and that they declare that they will not vote a subsidio until the king shall have confirmed them. The articles deemed so obnoxious scarce amounted to more than the Concordia of Castile so long in force, save provisions that the inquisitors should be Catalans and should take an oath to obey the laws, and that disputes of jurisdiction should be settled by a junta consisting of an inquisitor, a judge of the Audiencia and the Bishop of Barcelona. Moderate as they were, Philip kept his promise and referred them, September 23d, to Diego de Guzman, Archbishop of Seville, acting head of the Suprema in the [474] vacancy of the inquisitor-generalship, so that, on the adjournment of the Córtes, the whole matter remained suspended. ⁽⁹⁶⁾

An attempt at compromise was made in what was known as the Concordia of Cardinal Zapata, arranged, December 24, 1630, between him as inquisitor-general and the Council of Aragon. This made no substantial change in the jurisdiction of the Inquisition but was directed chiefly to restraining the misuse of excommunication on the one side and the recourse to the Banch Reyal on the other, by providing that all disputed cases should be settled by competencias conducted according to the received form of procedure, under penalty for a first offence of five hundred ducats on the tribunal refusing, and suspension from office for a second. This left untouched the roots of trouble and accomplished little, in consequence, it is said, of the delays and evasions of the inquisitors, and frequent recourse continued to the Banch Reyal, especially by creditors. ⁽⁹⁷⁾

The Córtes of 1626 had not been dissolved and they met again in 1632 to conclude their unfinished business. As usual, the tribunal and the Suprema prepared for the struggle by earnest appeals to Philip, who responded with assurances of special care in all that concerned the Inquisition. The Suprema had the hardihood to tell him that the Concordia of 1512, on which the Catalans based their claims, had never been confirmed, but it was within the truth when it said that it had never been observed. It declared moreover that the articles framed by the Córtes would so prostrate the tribunal that it would have to cease its functions. A memorial by the secretary of the tribunal, Miguel Rodríguez, gives a deplorable account of the social condition of Catalonia, where the barons and gentlemen, the cities and church foundations, he says, possessed excessive powers and where the bishops were also barons. The hostility of the nobles and cities to the familiars was manifested by the daily murders committed on them and their children and the burning of their houses. But for the protection of the Inquisition they would be exterminated, for its jurisdiction was the only one respected. Fathers endured the murder of their sons, sons that of their fathers and wives that [475] of their husbands, for fear of greater evils and, in addition to this, was the turbulent temper of the population. The viceroys had nominal power, but it was exercised only on the common folk and not on the powerful, whom no one dared to accuse or to bear witness against. All this busy preparation was superfluous; the Córtes were dissolved without gaming their object. ⁽⁹⁸⁾

The Inquisiton, as usual, had triumphed, but peace was impossible between the incompatible claims of rival jurisdictions. In 1637 the Suprema complained of the continuous series of troubles and of the disregard of the Concordia of Zapata. This time the offender was the viceroy, the powerful Duke of Cardona, who had imprisoned a familiar for carrying a pistol and refusing to surrender it, and had arrested two servants of the receiver, fining one and discharging the other. When the tribunal sent to him a priest bearing a monitorio with excommunication, he shut the priest up, incomunicado, in a room of the palace. Then he invited to dinner the fiscal of the tribunal and shut him up likewise. He ordered the inquisitor to withdraw the excommunication and, on his refusal, he pronounced sentence of banishment, posted four hundred men around the Inquisition and made ready a vessel to carry him to Majorca. The inquisitor assembled five bishops who declared that Cardona had incurred the excommunication of the bull Si de protegendis and the inquisitor so declared him, though for the avoidance of scandal he forbore to publish it. Under the intervention of the bishops the sentences of banishment and excommunication were mutually withdrawn, and the viceroy released the priest and fiscal, boasting that he had carried his point. Thereupon the Suprema asked the king to execute on Cardona the penalties of the Concordia of Zapata and greater ones in view of his unprecedented acts and also that the ipso facto censures of the canon Si quis suadente and the bull Si de protegendis be published in order that he might seek the salvation of his soul. To this the weary king could only reply by deprecating these unseemly quarrels and ordering that viceroys should not try the cases of familiars--Cardona apparently having undertaken to do this only because there was no other authority that ventured to do so, although the offence was one which forfeited the fuero. ⁽⁹⁹⁾ Soon after this, in 1639, a still more serious trouble [476] broke out in Tortosa, in which the magistrates were involved and the people rose against the Inquisition, but while this was in progress the Catalan rebellion broke out and prudence counselled abstention from severe measures of repression. ⁽¹⁰⁰⁾

Whatever share the Inquisition may have had in stimulating the disaffection that led to the rebellion, the unredressed grievances which so excited the Córtes nowhere appear on the surface. The proximate cause, as has been stated above, was the burning of the churches of Montiró and Rio de Arenas by the Neapolitan troops quartered on the people; some consecrated hosts were found reduced to coals and the peasants, who had suffered from the outrages of the unpaid soldiery, rose in arms, cut them off in detail, styled themselves the Exercit Christiá and bore on their banners the Venerable Sacrament, with the legend "Señor judicau vostra causa" and claimed that their object was to protect the people and defend the Catholic faith. In fact, the Inquisition was invited to prosecute the guilty authors of the sacrilege and undertook to do so, but of course the culprits could not be identified and it was reduced to excommunicating them in bulk. It was against the representatives of the king that the initial riots of June 7 and 8, 1640, were directed, when the judges of the royal Audiencia and the Viceroy, the Count of Santa Coloma, were murdered. The inquisitors at once proffered their services to the Diputados and, at the request of the latter, they wrote to the king and inquisitor-general praising the efforts of the Diputados to preserve peace, not knowing that for months they had been organizing the rebellion in correspondence with France. When too, in September, a tax was laid to put the land in a state of defence, the assent of the tribunal was asked as to levying it on familiars. ⁽¹⁰¹⁾

There was thus no open hostility towards the Inquisition, but, at the same time, there was no respect for its inviolability. When the mob rose again on Christmas day, to put to death all Castilians, there was a report that two thousand of them were concealed in the Inquisition. Led by a coachman of one of the inquisitors, the people broke into the Inquisition, maltreated the officials, hanged some of them, emptied the money chests and [477] found in the secret prison a solitary Castilian on trial for heresy. Him they carried to the town-council who returned him to the tribunal and garroted the coachman. ⁽¹⁰²⁾

When, on January 23, 1641, terms of submission to France were concluded, the Inquisition was provided for. Having cut loose from Spain, it was impossible to permit the tribunal to remain subject to the Suprema in Madrid, and the clause respecting it was that all inquisitors and officials should be Catalans, jurisdiction should be predicted to matters of faith, and it should be directly under the Roman Congregation of the Holy Office. ⁽¹⁰³⁾ Still the inquisitors remained at their posts; for five months they had had no word from the Suprema; they expected to be called upon to take the oath of allegiance to King Louis and they sent their secretary, Juan de Eraso, to Madrid for instructions, suggesting that they had better move to Tarragona or Tortosa. Philip ordered them to remain and they resolutely obeyed, but the situation grew constantly worse and, on November 7th, they made another appeal, representing their danger, their destitution, their inability to perform their functions, and their expectation that they would be forced to kiss the hands of the Marshal de Brézé, the approaching French governor. This was confirmed by Don Antonio de Aragon, who had just returned from Barcelona; on two occasions the mob had set fire to the Inquisition and heresy was rampant, for many of the French troops were Calvinists and Calvinism was openly preached. The Suprema characteristically debated the question under four heads--Shall the Inquisition be removed to Tarragona or Tortosa? Shall the inquisitors kiss the hands of the French governor? Does their lack of means to prosecute relieve them from prosecuting native or French heretics ? Shall testimony against such heretics be taken in Madrid and action be based on it ? After elaborate discussion the fourth question was decided in the affirmative and the other three in the negative. Juan de Mañozca was appointed to gather testimony in Madrid, and the inquisitors were told to stand their ground and do their duty, using censures and interdict if necessary. If driven from the town, they were to carry with them the records so as to be able to work elsewhere. ⁽¹⁰⁴⁾

[478] One of the inquisitors, Dr. Cotoner, had left Barcelona for his home in Majorca. The other two, with most of the officials, stood to their post and, in August, 1643, they were called upon to utter fearful curses on unknown parties supposed to have committed a sacrilegious theft of consecrated hosts. ⁽¹⁰⁵⁾ Towards the end of September, however, they were expelled, to give place to a native tribunal, and it was done with a refinement of cruelty. There were ten in all--seven subordinates and the son of one of them, besides the two inquisitors--who had stood faithful to their duty. They were put on board a vessel, with orders to land them in Portugal, which, like Catalonia, was in revolt against Spain. Although the crew consisted of Catalans and Frenchmen, they were persuaded to put into Cartagena, with a promise of being allowed to sell their cargo there. The reception of the refugees was most inhospitable ; the vessel was seized and the cargo and effects of passengers and crew were embargoed: much red tape had to be cut and it was not until December that the conclusion was reached that the crew had rendered an essential service exposing them to punishment by the rebels, wherefore the vessel was released and they were allowed to dispose of the cargo. ⁽¹⁰⁶⁾

The refugees were without salaries or resources and it was not without difficulty and delay that the Suprema, professing its own inability to help them, secured from Philip some moderate ayudas de costa to keep them alive. Then, in March, 1644, it ordered them to open a tribunal at Tarragona, at the same time representing to the king that this would cost forty-five hundred ducats in silver for the first year, and four thousand annually thereafter, which might be supplied from the two millions of maravedís coming from the tribunal of Cartagena--apparently some recent large confiscation--as otherwise they would die of starvation. They were doubtless thus provided for and did what they could to restore the old-time dread of the Holy Office. It had sadly diminished in these evil days for, in this same year, 1644, in the neighboring town of Tortosa, Inquisitor Roig of Valencia complained that, on reaching there during his visitation, the magistrates did not come to receive him, they assigned him no lodgings and they refused to publish his proclamation. ⁽¹⁰⁷⁾

[479] Meanwhile, in accordance with the terms arranged with France, the Catalans had organized a national Inquisition. Doctor Paulo Ferran and Doctor Joseph Pla were appointed and application was made for the usual papal faculties. These were granted and, when the briefs were received, September 26, 1643, they were installed and the Castilians were expelled. The new tribunal had not much to do. It did not meddle with the Calvinists in the French armies, but it vindicated its authority by an auto de fe, celebrated February 23, 1644, in which one victim was garroted and burnt and there were two penitents. There was another, November 7, 1647, in which there was an execution for unnatural crime and six men and five women penitents, mostly for bigamy and sorcery. The only other evidence of activity that I have met is an investigation ordered by Pla, at the request of the parish priest of. Pineda, resulting in the trial of Anthoni Morell. ⁽¹⁰⁸⁾

When the troubles of the Fronde compelled Mazarin to withdraw the French armies, the rebellion collapsed, in spite of the obstinate determination of the Catalans to sever relations with Castile. When Barcelona surrendered, October 11, 1652, Catalonia was left at the mercy of the conqueror, but Philip, with true statesmanship, restored it to its ancient privileges and liberties, save a few exceptions which have no bearing on our subject. ⁽¹⁰⁹⁾ Inquisitor Pla had lingered at Gerona,