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was like a royal progress. Nobles and peoples gathered to applaud him and, in Saragossa even the tribunal of the Inquisition bore a part, while the students carried around the effigy of a Jesuit and burnt it before the Jesuit house, forcing the rector to witness it from the window.

As he drew near to Madrid with his handful of men, Nithard called on the nobles of his party to assemble with their armed retainers, but the Council of Regency prohibited this. Don Juan was in no haste; on February 9th he reached Junquera, some ten leagues from Madrid and, on the 22d, he was at Torrejon de Ardoz, about five leagues distant. Imminent danger was felt that if he advanced the populace would rise and murder the ministers to whom they attributed their sufferings, and all idea of resistance was abandoned. Nithard induced the papal nuncio to see Don Juan, February 24th, and ask further time for negotiation but at 9 P.M. the nuncio returned with word that Nithard must leave Spain at once. The Royal Council sat until 10 P.M. and reached the same conclusion. The next day the city was in an uproar; people carried their valuables to the convents for safe keeping and a mob assembled around the palace, where the Junto de Gobierno drew up a decree that Nithard must depart within three hours. It bore that he had supplicated permission to leave and in granting it the queen, to exprees her satisfaction with his services, appointed him ambassador to Germany or to Rome as he might elect, with retention of all his offices and salaries. The queen signed this and the Archbishop of Toledo and the Count of Peñaranda were deputed to carry it to Nithard, who received it without a trace of emotion and placed himself at their disposal. It was arranged that they should call for him at 6 P.м. The archbishop and the Duke of Maqueda came with two coaches and Nithard entered, carrying with him nothing but his breviary. Thrice, in the streets, the howling mob threatened an attack, but were deterred by the sight of a cross with which the archbishop had prudently provided himself. They drove him to Fuencarral, about two leagues from the city and left him at the house of the cura. The next day he went to San Agustin, about ten leagues distant, where he lingered for awhile in the vain hope of recall.

Don Juan fell back to Guadalajara, where terms were agreed upon, the principal articles being that Nithard should immediately resign all his offices and never return to Spain and that

Diego de Valladares, Don Juan's special enemy, should have nothing to do in any matter affecting him. Nithard accordingly went to Rome, but he had no commission to show and no instructions. He reported this to the Council of State, which told him to urge the definition by the Holy See of the Immaculate Conception. The queen endeavored by a subterfuge to obtain for him a cardinal's hat, which had been promised to Spain, but failed. He still hoped for a return to his honors, stimulated by the correspondence of his confidential agent, the Jesuit Salinas, but a letter warning him not to resign the inquisitor-generalship, for things were tending towards his return, with a lodging in the queen's palace, chanced to fall into the hands of the nuncio, who placed it where it would do the most good. The result was a peremptory order for him to resign in favor of Valladares, who had been nominated as his successor. When this was handed to him by San Roman, the Spanish ambassador, he is said to have fainted and not to have recovered his senses for an hour. The coveted cardinal's hat was bestowed on Portocarrero, Dean of Toledo, and when the news of this reached the queen it threw her into a tertian fever. The Jesuit General Oliva, seeing Nithard thus stripped of his offices and offended at his arrogance, ordered him to leave Rome and he retired to a convent, but he was amply provided with funds and, for some years at least, he was carried on the books of the Suprema and received his salary regularly. Moreover, in 1672, the queen procured from Clement X what Clement IX had persistently refused and Nithard was created Archbishop of Edessa and cardinal.1

Valladares had received his appointment September 15, 1669. It was not until 1677 that he resigned his see of Plasencia and he held the inquisitor-generalship until his death, January 29, 1695. He was succeeded by Juan Thomás de Rocaberti, Archbishop of Valencia, for whom Innocent XII, at the request of Carlos II, granted a dispensation from residence, conditioned on his making proper provision for the spiritual and temporal care of his see. He died June 13, 1699, and his successor, Alfonso

2

1 Candamo, loc. cit., pp. 4-239).-Memorias históricas de la Monarquia de España (Semanario erúdito, XIV, 19).—MSS. of the Royal Library of Munich, Cod. Ital. 191, fol. 710.—Archivo de Simancas, Inquisicion, Leg. 1476, fol. 3.

2 Bulario de la Orden de Santiago, Libro V, fol. 118. This continued to be the practice, requiring a renewal of the brief every three years until 1774, when, as we have seen, Felipe Beltran obtained a dispensation good for his tenure of office, a favor repeated to his successors.

Fernández de Aguilar, Cardinal of Córdova, followed him September 19th, the very day that his commission arrived, after a brief illness and not without grave suspicions of poison.1 The choice then fell on Balthasar de Mendoza y Sandoval, Bishop of Segovia, who became involved, as we shall see, in a deadly quarrel with his colleagues of the Suprema over the case of Fray Froilan Díaz. In the confusion of the concluding months of the disastrous reign of Carlos II, who died November 1, 1700, Mendoza made the mistake of embracing the Austrian side; his arbitrary action, in the case of Froilan Díaz, served as a sufficient excuse for his removal and Philip V, apparently in 1703, ordered him to return to his see. He is generally said to have resigned in 1705 but, in the papal commission, March 24, 1705, for his successor Vidal Marin, Clement XI states that he has seen fit to relieve Mendoza of the office because his presence is necessary at Segovia. Vidal Marin served till his death in 1709 and so did his successor Riva-Herrera, Archbishop of Saragossa, who, however, enjoyed his dignity for little more than a year.

Philip V had brought to Spain the Gallicanism and the principles of high royal prerogative which were incompatible with the pretensions of the curia and the quasi-independence of the Inquisition. With the Bourbons there opens a new era in the relations between the crown and the Holy Office. Yet in his first open trial of strength, Philip's fatal vacillation, under the varying influences of his counsellors, confessors and wives, left him with a dubious victory. In 1711 he selected as inquisitorgeneral Cardinal Giudice, Archbishop of Monreal in Sicily, a Neapolitan of much ambition and little scruple. The recognition of the Archduke Charles as King of Spain by Clement XI, in 1709, had caused relations to be broken off between Madrid and Rome. Philip dismissed the nuncio, closed the tribunal of the nunciatura and forbade the transmission of money to Rome. There was talk in the curia of reviving the medieval methods of reducing disobedient monarchs to submission and Philip, to prepare for the struggle, ordered, December 12, 1713, the Council of Castile to draw up a statement of the regalías which would justify resistance to the demands of the curia and to the jurisdiction exercised by nuncios. It was a quarrel which had been

1 Proceso contra Fray Froilan Díaz, pp. 143-44.
Bulario de la Orden de Santiago, Libro V, fol. 136.

in progress for a century and a half, now breaking out fiercely and then smothered, but none the less bitter. The Council entrusted the task to its fiscal, Melchor Rafael de Macanaz, a hard-headed lawyer, fully imbued with convictions of royal prerogative, whose report was, in general and in detail, thoroughly subversive of Ultramontanism and consequently most distasteful to the curia.1 When it was presented to the council, December 19th, Don Luis Curiel and some others prevented a vote and asked for copies that they might consider the matter maturely. Copies were given to each member, consideration was postponed and, on February 14, 1714, Molines, the ambassador at Rome, reported that copies had been sent there by Curiel, Giudice and Belluga, Bishop of Murcia. Although it was a secret state paper, the curia issued a decree condemning it and, coupled with it, an old work, Barclay's reply to Bellarmine and a French defence of the royal prerogative by Le Vayer, attributed to President Denis Talon. Such a decree could not be published in Spain without previous submission to the Royal Council, but Giudice was relied upon to evade this. He was nothing loath, for he had an old quarrel with Macanaz, who had prevented his obtaining the archbishopric of Toledo, his enmity being so marked that at one time Philip, to separate them, had sent Macanaz to France with the title of ambassador extraordinary, but without functions. At the moment Giudice was ambassador to France and the decree was sent to him; he declined to act unless assured of the protection of the courts of Rome and Vienna and, on receiving pledges of this, he signed it, July 30th as inquisitor-general and sent it to the Suprema for publication. Four of the members promptly signed it and had it published at high mass in the churches on August 15th. This created an immense sensation and exaggerated accounts were circulated of the errors and heresies contained in the unknown legal argument which Macanaz had prepared in the strict line of his duty.

When Philip was informed the next day of this audacious. proceeding he called into consultation his confessor Robinet and three other theologians, who submitted on the 17th an opinion in writing that the Suprema should be required to suspend the edict and that Giudice should be dismissed and banished. The Suprema obeyed, excusing itself on the pretext

1 Printed by Llorente, Coleccion Diplomática, p. 27.

that it had supposed, as a matter of course, that Giudice had submitted the edict to the king. He was not satisfied with this and dismissed three of them, but they refused to surrender their places. Then he summoned a meeting of the Council of Castile, pointing out that, if such things were permitted, the kingdom would be reduced to vassalage under the Dataria and other tribunals of the curia; the Council was not to separate until every member had recorded his opinion as to the measures to be taken. Seven of them voted for dismissing and banishing Giudice, while four showed themselves favorable to the Inquisition. Meanwhile, on the 17th, Philip had despatched a courier to Paris summoning Giudice to return and informing Louis XIV of the affair. The latter, recognizing that the decree was an assault on the French as well as the Spanish regalías, refused to Giudice a farewell audience and sent his confessor Le Tellier to tell him that, were he not certain that Philip would punish him condignly, he would do so himself. When Giudice reached Bayonne he was met by an order not to enter Spain until the edict should be revoked. He replied submissively, enclosing his resignation, whereupon Philip commanded him to return to his archbishopric—a command which he did not obey. Felipe Antonio Gil de Taboada was appointed inquisitor-general and, on February 28, 1715, his commission was despatched from Rome; probably the Suprema interposed difficulties for he never served; he obtained the post of Governor of the Council of Castile, to be rewarded subsequently with the archbishopric of Seville.1

Meanwhile there was a court revolution. María Luisa of Savoy,

1 Belando, Historia civil de España desde 1700 hasta 1733, P. IV, cap. ix, xv (Madrid, 1744). See also Macanaz's Commentary on Feyjoo's Teatro Crítico (Semanario erúdito, VIII, 27-9).

This volume of Belando's work was examined by the Council of Castile, before a license to print was issued, and was subjected to a second examination by order of Philip, before he would permit its dedication to himself and his queen. This, and the secret documents which it contains, show that its account of the Giudice affair may be regarded as authentic. This did not save the book from the Inquisition which condemned it in 1744 and, when the author asked to be heard in its defence and offered to make any changes required, he was thrown into prison and then relegated to a convent with orders to write no more books.-Llorente, Hist. crít., Cap. xxv, Art. i, n. 12.

The Marquis of San Felipe gives an account of the affair much less favorable to Macanaz and the royal prerogative.-Mémoires pour servir à l'Histoire d'Espagne sous le Regne de Philippe V, III, 120 sqq. (Amsterdam, 1756).

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