course of justice in matters involving the regalías or prerogatives of the crown, and asked to have him prosecuted by the Bishop of Barcelona. Charles thereupon addressed to Loazes a letter, January 16, 1534, forbidding him in future to interfere with the royal judges, as no one could claim exemption from the royal jurisdiction. At the same time he instructed his lieutenant for Aragon, Fadrique de Portugal, Archbishop of Saragossa, to enforce this mandate. It was not long before Loazes had the opportunity of manifesting his contempt for these expressions of the royal will. One of the consuls holding the admiralty court of Barcelona was hearing a case between two merchants, Joan Ribas and Gerald Camps: a quarrel ensued between them; Ribas with his servant Joan Monseny struck Camps in the face and then drawing his sword, threatened the consul's life. This was a scandalous offence to the dignity of the crown under whose protection the court was held. By order of the Archbishop and royal council the culprits were arrested and thrown in prison, but Ribas was a familiar of the Inquisition and Loazes presented himself before the archbishop in full court and claimed him. The letters of Charles V were read and his claim was rejected, whereupon, on June 13th, he issued a mandate demanding the surrender to him of Ribas and forbidding all proceedings against him under pain of excommunication.' What was the termination of this special case we have no means of knowing, but Loazes did not suffer by reason of his audacity. In 1542 he was made Bishop of Elna, whence he passed by successive translations through the sees of Lérida, Tortosa and Tarragona, dying at last, full of years and honors in 1568 as Archbishop of Valencia. It is not worth while at present to pursue these disputes which reveal the character of the Inquisition and the resistance offered to it by the comparatively free populations subject to the crown of Aragon. We shall have ample opportunity hereafter to note the persistant arrogance of the inquisitors under the royal favor, the restlessness of the people and the fruitlessness of their struggle for relief from oppression. The Holy Office had become part of the settled policy of the House 1 Arch. gen. de la C. de A., Fondos del antiguo Consejo de Aragon, Leg. 708.— Costitucions fetes en la tercera Cort de Cathalunya en lany 1534 (Barcelona, 1534). of Austria. The Lutheran revolt had grown to enormous proportions and no measures seemed too severe that would protect the faith from an enemy even more insidious and more dangerous than Judaism. The system grew to be an integral part of the national institutions to be uprooted only by the cataclysm of the French Revolution and the Napoleonic war. At what cost to the people this was effected is seen in the boast, in 1638, of a learned official of the Inquisition that in its favor the monarchs had succeeded in breaking down the municipal laws and privileges of their kingdoms, which otherwise would have presented insuperable obstacles to the extermination of heresy, and he proceeds to enumerate the various restrictions on the arbitrary power of the secular courts which the experience of ages had framed for the protection of the citizen from oppression, all of which had been swept away where the Inquisition was concerned, leaving the subject to the discretion of the inquisitor.1 1 Parecer del Doctor Martin Real (MSS. of Bodleian Library, Arch. S, 130). BOOK II. RELATIONS WITH THE STATE. CHAPTER I. RELATIONS WITH THE CROWN. WHAT gave to the Spanish Inquisition its peculiar and terrible efficiency were the completeness of its organization and its combination of the mysterious authority of the Church with the secular power of the crown. The old Inquisition was purely an ecclesiastical institution, empowered, it is true, to call upon the State for aid and for the execution of its sentences, but throughout Christendom the relations between Church and State were too often antagonistic for its commands always to receive obedience. In Spain, however, the Inquisition represented not only the pope but the king; it practically wielded the two swords the spiritual and the temporal-and the combination produced a tyranny, similar in character, but far more minute and all-pervading, to that which England suffered during the closing years of Henry VIII as Supreme Head of the Church. While thus its domination over the people was secure and unvarying, its relations with the royal power varied with the temperament of the sovereign. At times it was the instrument of his will; at others it seemed as though it might almost supplant the monarchy; it was constantly seeking to extend its awful authority over the other departments of State, which struggled with varying success to resist its encroachments, while successive kings, autocratic in theory, sometimes posed as arbitrators, sometimes vainly endeavored to enforce their pacificatory commands, but more generally yielded to its domineering spirit. When Ferdinand consented to the introduction of the Inquisition, it was no part of his policy to permit the foundation of an institution which should be independent of the royal authority. He who sought to forbid in Spain the residence of papal nuncios and legates was not likely to welcome the advent of a new swarm of papal delegates, whose power over life and property would carry unchecked to every corner of the land the influence of Rome. Accordingly, as we have seen, he conditioned the admission of the Inquisition on the concession of the power of appointment and dismissal and he flatly told Sixtus IV that he would permit none but appointees of his own to exercise the office of inquisitor. As the institution developed and became more complex he nominated to the pope the individual to whom the papal delegation as inquisitor-general should be given and he appointed the members of the Suprema, which became known as the Consejo de su Magestad de la Santa General Inquisicion. Although the papal commission granted to the inquisitor-general faculties of subdelegating his powers and appointing and dismissing his subordinates, thus rendering his action indispensable, Ferdinand was careful to assert his right to control all appointments and to assume that at least they were made with his assent and concurrence. In 1485 the sovereigns had no scruple in appointing at Guadalupe the inquisitors who made such havoc among the apostates.1 August 8, 1500, he writes to the Bishop of Bonavalle that he had determined to commit to him the office of inquisitor in Sardinia, for which the commission and subdelegation will be despatched to him by the inquisitors-general; he can appoint an assessor and notary, but the other officials will be sent from Spain. A letter of the same date to the Lieutenant-general of Sardinia announces the appointment by the inquisitors-general "con nuestra voluntad y consentimiento," which was the ordinary formula employed, even in such petty cases as when he advised Pedro Badía, receiver of confiscations at Barcelona, March 13, 1501, that they had appointed Gregorio Zamarado as portero or apparitor of that tribunal, in place of Guillen Donadou and that he is to receive the same wages. Although the participation of the inquisitor-general was indispensable, Ferdinand customarily assumed his acquiescence as a matter of course; he would make the appointment and then ask affectionately for the subdelegation of power. As regards subordinate positions, Torquemada 1 Páramo, p. 138. Archivo de Simancas, Inquisicion, Libro 1. 2 'Ibidem, Libro 3, fol. 21, 27, 28, 353. recognized the royal participation when, in 1485, he instructed inquisitors that they could fill vacancies temporarily "until the king and I provide for them." As a rule, it may be said that Ferdinand rarely troubled himself about subordinates, but had no hesitation in assuming full power when he saw fit, as in writing to an inquisitor, March 21, 1499, "we order you to appoint, as by these presents we appoint, Juan de Montiende as fiscal in your tribunal.1 If he thus controlled appointments he was equally concerned in dismissals. We find him writing, April 22, 1498, to an inquisitor of Saragossa, who had discharged an official at Calatayud, to reinstate him, as he had done good service with danger to his person, and on September 19, 1509, ordering Diego López de Cortegano, Inquisitor of Córdova, to cease his functions at once and return to his benefice-though this latter order was countersigned by the members of the Suprema." It would be superfluous to adduce additional examples of the control thus exercised over the personnel of the Inquisition-a control which remained inherent in the crown although, as we shall see, often allowed to become dormant. In all save spiritual matters, Ferdinand considered the Inquisition to be merely an instrument to carry out his will, though it must be added that this arose from his anxiety that it should be perfected in every way for the work in hand, and there is absolutely no evidence, in his enormous and confidential correspondence, that he ever used it for political purposes, even in the stormiest times when struggling with unruly nobles. Every detail in its organization and working was subject to his supervision and, amid all the cares of his tortuous policy, extending throughout Western Europe, and the excitement of his frequent wars, he devoted the minutest care to its affairs. When, in December 1484, Torquemada issued his supplementary instructions, he was careful to state that he did so by command of the sovereigns, who ordered them to be observed. So in subsequent instructions, issued in 1485, Torquemada orders the inquisitors to write to him and to Ferdinand about everything that should be reported; the king provides their salaries and promises them rewards; if there is anything that the king 1 Archivo de Simancas, Inquisicion, Libro 1; Libro 933. |