History of the Inquisition of Spain. Henry Charles Lea

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СКАЧАТЬ 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.[1110]

      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.[1111] 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.

      ARAGON

      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.[1112] Philip 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.[1113]

      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 discussed by lawyers and its practical working determined and understood.[1114]

      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.[1115]

      ARAGON

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, 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 СКАЧАТЬ