to his anxiety that the Inquisition should be kept strictly within the lines of absolute justice according to the standard of the period. Trained in the accepted doctrine of the Church that heresy was the greatest of crimes, that the heretic had no rights and that it was a service to God to torture him to death, he was pitiless and he stimulated the inquisitors to incessant vigilance. He was no less eager in gathering in every shred of spoil which he could lawfully claim from the confiscation of the victims, but, in the distorted ethics of the time, this comported with the strictest equity, for it was obedience to the canon law which was the expression of the law of God. There can have been no hypocrisy in his constant instructions to inquisitors and receivers of confiscations to perform their functions with rectitude and moderation so that no one should have cause to complain. This was his general formula to new appointees and is borne out by his instructions in the innumerable special cases where appeal was made to him against real or fancied injustice. His abstinence from intrusion into matters of faith limited such appeals to financial questions, but these, under the cruel canonical regulations as to confiscations, were often highly complicated and involved the rights of innocent third parties. His decisions in such cases are often adverse to himself and reveal an innate sense of justice wholly unexpected in a monarch who ranked next to Cesar Borgia in the estimation of Machiavelli. An instance or two, taken at random out of many, will illustrate this phase of his character. July 11, 1486, he writes to his receiver at Saragossa "Fifteen years ago, Jaime de Santangel, recently burnt, possessed a piece of land in Saragossa and did not pay the ground-rent on it to García Martínez. By the fuero of Aragon, when such rent is unpaid for four years the land is forfeited. You are said to hold the land as part of the confiscated estate of Santangel and for the above reason it is said. to belong to Martínez. You are therefore ordered to see what is justice and do it to Martínez without delay and if you have sold the land, the matter must be put into such shape that Martínez may obtain what is due." In a similar spirit, when Gaspar Roig, of Cagliari, deemed himself aggrieved in a transaction arising out of a composition for confiscation, Ferdinand writes to the inquisitor of Sardinia, March 11, 1498, "As it is our will that no one shall suffer injustice, we refer the case to you, charging you at once to hear the parties and do what is just, so You that the said Gaspar Roig shall suffer no wrong. will see that the said Gaspar Roig shall not again have to appeal to us for default of justice." It was inevitable that, when this powerful personality was withdrawn, the royal control over the Inquisition should diminish, especially in view of the inability of Queen Juana to govern and the absence of the youthful Charles V. The government of Spain practically devolved upon Ximenes, who was Inquisitorgeneral of Castile, while his coadjutor Adrian speedily obtained the same post in Aragon. After the arrival of Charles and the death of Ximenes, Adrian became chief of the reunited Inquisition and his influence over Charles in all matters connected with it was unbounded. The circumstances therefore were peculiarly propitious for the development of its practical independence, although theoretically the supremacy of the crown remained unaltered. Thus the Suprema, of which we hear little under Ferdinand, at once assumed his place in regulating all details. The appointing power, even of receivers, who were secular officials, accountable only to the royal treasury, passed into its hands. Thus a letter of Ximenes, March 11, 1517, to the receiver of Toledo, states that there are large amounts of uncollected confiscations, wherefore he is directed to select a proper person for an assistant and send him to the Suprema to decide as to his fitness, so that Ximenes may appoint him with its approval. Still, the nominating power remained technically with the crown and, when Charles arrived, he was assumed to exercise it as Ferdinand had done, however little real volition he may have displayed. In a letter of December 11, 1518, concerning the appointment of Andrés Sánchez de Torquemada as Inquisitor of Seville, Charles is made to say that, being satisfied of Torquemada's capacity, he had charged him to accept the office and that with his assent Adrian had appointed him. In another case, where an abbot, to whom Adrian had offered the inquisitorship of Toledo, had declined the office, Charles writes, September 14, 1519, charging him to accept it. That Adrian could not act alone was recog ' Archivo gén. de la C. de A., Regist. 3684, fol. 100.-Archivo de Simancas, Inquisicion, Lib. 1. 2 Archivo de Simancas, Inquisicion, Lib. 4, fol. 95. 8 Ibidem, Lib. 9, fol. 21, 63. nized for, after Charles left Spain, in May, 1520, questions arose on the subject and, by letters patent of September 12th, he formally empowered Adrian, during his absence, to appoint all inquisitors and other officials.1 Whether formal delegations of the appointing power were subsequently made does not appear, but practically it continued with the inquisitor-general, subject to an uncertain cooperation of the Suprema, whose members countersigned the commissions, while, with the subordinate positions in the tribunals, the inquisitors were sometimes consulted, their recommendations received attention and their remonstrances were heard. The various factors are illustrated in a letter of the Suprema, August 24, 1544, to the inquisitors of Saragossa who had furnished a statement of the qualifications of various aspirants for the vacant post of notario del juzgado. In reply the Suprema states that its secretary, Hieronimo Zurita, had recommended Martin Morales; it had advised with the inquisitorgeneral who had appointed him, but it will bear in mind Bartolomé Malo and will give him something else." So far as I am aware, Philip II never interfered with this exercise of the appointing power. That he threw the whole responsibility on the inquisitor-general and disclaimed any concurrence for himself is apparent in a series of instructions, May 8, 1595, to the new inquisitor-general, Geronimo Manrique. He orders him to observe the utmost care to select fit persons for all positions without favoritism and, although it is his duty to appoint inquisitors and fiscals, he should communicate his selections in advance to the Suprema, as his predecessors had always done, because some of the members may be acquainted with the parties and prevent errors from being made.3 That a supervisory power, however, was still recognized in the crown is seen in a consulta of June 21, 1600, presented to Philip III, by Inquisitor-general Guevara, lamenting the unfitness of many of the inquisitors. With the habitual tenderness manifested to unworthy officials he did not propose to dismiss them but to 1 Gachard, Correspondence de Charles-Quint avec Adrian VI, p. 236.-Archivo de Simancas, Inquisicion, Lib. 73, fol. 105. 2 Archivo de Simancas, Inquisicion, Sala 40, Lib. 4, fol. 105, 114, 118, 128, 132, 138, 158, 177, 220, 223, 224. * MSS. of Library of University of Halle, Yc, Tom. 17.—Archivo de Simancas, Lib. 939, fol. 273. make a general shifting by which the best men should be made the seniors of the tribunals. To this the king replied with a caution about discrediting the Inquisition and a suggestion that the parties shifted should be made to ask for the change; he also called for their names and the reasons, because he ought to be informed about all the individuals.1 This indicated a desire to resume the close watchfulness of Ferdinand which had long since been forgotten in the turmoil and absences of Charles V and the secluded labors of Philip II, over despatches and consultas. A bureaucracy was establishing itself in which the various departments of the government were becoming more or less independent of the monarch and Philip for the moment appeared disposed to reassert his authority, for, in 1603, we are told that he made many appointments of inquisitors, fiscals, and even of minor officials. If so, he was too irresolute, feeble, and fitful to carry out a definite line of policy for when, in 1608, he issued the customary instructions to a new inquisitor, Sandoval y Rójas, he merely repeated the injunctions of 1595, with the addition that transfers should also be communicated to the Suprema. Yet in one case he even exceeded Ferdinand by intervening in a case of faith. When he went to Toledo with his court to witness the auto de fe of May 10, 1615, he asked to see the sentence of Juan Cote, penanced for Lutheranism, and made some changes in the meritos, or recital of offences, altered the imprisonment to perpetual and irremissible and added two hundred lashes. The tribunal consulted the Suprema, which approved the changes on the supposition that the inquisitor-general had participated in them, but the day after the auto Cote was informed that the Suprema had mercifully remitted the scourging.' Philip IV, in 1626, on the death of Inquisitor-general Pacheco, asked the Suprema to suggest the instructions to be given to the new incumbent and was advised to repeat those of 1608. He virtually admitted the power of appointment to be vested in that office when, in the same year, the Córtes of Barbastro petitioned that in Aragon all the officials of the tribunals should be Aragonese and he replied that he would use his authority 1 Archivo de Simancas, Inquisicion, Libro 29, fol. 10. 3 MSS. of Library of Univ. of Halle, ubi sup. with the inquisitor-general that a certain portion of them should be so. Notwithstanding his habitual subservience to the Inquisition, however, he reasserted his prerogative, in 1640, by appointing the Archdeacon of Vich as Inquisitor of Barcelona and he followed this, in 1641 and 1642, by several others, even descending to the secretaryship of Lima which he gave to Domingo de Aroche. This brought on a struggle, ending in a compromise in which the inquisitor-general was sacrificed to the Suprema. Papal intervention was deemed to be necessary and a brief was procured in March, 1643, under which Philip, by decree of July 2, ordered that in future, in all vacancies of positions of inquisitor and fiscal, the inquisitor-general and Suprema should submit to him three names from which to make selection. The Suprema thus recognized was satisfied, but Sotomayor, the inquisitor-general, was obstinate. In June, Philip had called for his resignation, which he offered after some hesitation and expressed his feelings in a protest presenting a sorry picture of the condition of the Holy Office. The present disorders, he said, had arisen from the multiplication of offices, whereby their character had depreciated and, as the revenues were insufficient for their support, they were led to improper devices. The Suprema had been powerless for, on various occasions, the king had rewarded services in other fields by the gifts of these offices, when no consideration could be given to character, and he had also been forced to make appointments by commands as imperative as those of the king-an evident allusion to Olivares.3 Sotomayor's successor, Arce y Reynoso, conformed himself to these new rules and, until his death in 1665, he submitted all appointments and transfers to the king. Philip survived him but three months and, under the regency which followed and the reign of the imbecile Carlos II, the inquisitor-general resumed the power of appointment without consultation. So completely was the royal supervision forgotten that the instructions to Inquisitor-general Rocaberti, in 1695, repeat the old formula 1 MSS. of Library of Univ. of Halle, Yc, Tom. 17.-Fueros en las Córtes de Barbastro y Calatayud de 1626, p. 16 (Zaragoza, 1627). Archivo de Simancas, Inquisicion, Libro 55, fol. 217. MSS. of Library of Univ. of Halle, Yc, T. 17.-Archivo de Simancas, Inquisicion, Libro 33, fol. 846-7, 851; Libro 35, fol. 509, 567.-Cartas de Jesuitas (Mem. hist. español, XVII, 35). |