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,

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.1

1

1 Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 1, fol. 766; Leg. 8, n. 2, fol. 171, 172, 200, 219, 277, 322, 440, 442.—Archivo de Simancas, Inquisicion, Lib. 20, fol. 134-42.

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 clothesand 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.1 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."

Aragon was a source of greater trouble than Valencia. The popular spirit was more independent, it had resisted the intro

1 Archivo de Simancas, Inquisicion, Lib. 38, fol. 14.

2 Archivo hist. nacional, Inquisicion de Valencia, Leg. 1, n. 3, fol. 26.

duction 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.' 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. 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. 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

1 Blancas, Aragonensium Rerum Commentarii, p. 26 (Cæsaraugustæ, 1598). -Julian Ribera, Orígines del Justicia de Aragon (Zaragoza, 1897).

? Fueros y Observancias del Reyno de Aragon, Lib. 1, fol. 21-3; Lib. m, fol. 69-84 (Zaragoza, 1624).—Actos de Cortes del Reyno de Aragon, fol. 1 (Zaragoza, 1664).-Blancas, op. cit., p. 361.

3 Ribera, op. cit., p. 182.-Blancas, op. cit., p. 499.-Argensola, Informacion de los Sucesos del Reino de Aragon, cap. xlv, lv (Madrid, 1808).

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.1

So far as we are concerned, the power of the court was exercised through two processes, the manifestacion 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 carcel de manifestados-a special prison over which even the king had no jurisdiction. The summons of a manifestacion 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 manifestacion 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

1 Blasco de Lanuza, Historias de Aragon, II, 143 (Zaragoza, 1622).—Blancas, op. cit., Epist. prælim., p. 2.-Macanaz, Regalías de los Reyes de Aragon, pp. 85, 91.