History of the Inquisition of Spain. Henry Charles LeaЧитать онлайн книгу.
Valdés answered the several articles. As to bandits and homicides being made familiars, he said the Inquisition had need of all kinds of officials for its various functions, and as to the specific complaints the stereotyped answer was that any one deeming himself aggrieved could appeal to the Suprema and get justice.[1103]
The Concordia of 1553 was applicable to Castile alone and that of 1554 to Valencia. Aragon remained without the slender alleviation provided for in the latter, for the adjustments of 1512 and 1521 were treated as non-existent. At the Córtes of 1563–4 the complaints were so vivacious that, as we have seen, Philip promised investigation which resulted in the Concordia of 1568. The formula for Aragon was virtually the same as the combined Valencia Concordias of 1554 and 1568, the evils with which the two kingdoms were afflicted being virtually the same. As usual, familiars were the class that excited the bitterest hostility. Their commissions were all to be called in and then sixty were to be appointed for Saragossa, while the other towns were assigned from eight to one or two according to population. Their character was to be closely scrutinized and all bandits, homicides, criminals, powerful nobles, frailes and clerics were to be excluded, and no one was to enjoy the fuero whose name was not on lists presented to the magistrates. They were to have, in criminal matters, the active and passive fuero but in civil suits only the passive; it was the same with servants of officials, while officials themselves had active and passive in both civil and criminal. The utmost caution and moderation was prescribed in the employment of inhibitions and excommunications of the royal judges, and the royal alguazils were not to be arrested save in cases of grave and notorious infraction of inquisitorial rights.[1104]
ARAGON
The Concordia did not bring concord. In 1571 there arose a bitter dispute between the tribunal and the court of the Justicia, in which excommunications were freely used and, in December, the Diputados appealed to Pius V to evoke the case and remove the censures, but he told them to go to the inquisitor-general. After the death of Pius, the kingdom insisted with Gregory XIII and, in December, 1572, obtained from him a brief committing the case to the Suprema or to Ponce de Leon the new inquisitor-general, but, at the same time, he ordered that some remedy be found to prevent the inquisitors from abusing the privileges conceded to them by the canons and the popes.[1105] The next year, 1573, formal complaints were made by the kingdom of infractions of the Concordia and, by 1585, aggravation had reached a point that the Córtes asked for a new concordia. Philip promised to send a person to Saragossa to gather information as to grievances alleged against certain inquisitors and officials, after which arrangements were made for the drafting and acceptance or rejection of a new agreement, but there is no trace of any resultant understanding.[1106] Quarrelling necessarily continued with little intermission. In 1613 the removal of the name of Juan Porquet, a familiar, from insaculacion, by the royal commissioner of Tamarit, gave rise to a great disturbance which was long remembered and, in 1619, there was a clash between the tribunal and the captain-general, which caused much scandal, resulting in the governor being summoned to Madrid, where he was kept for four years.[1107]
Thus it went on until, in 1626, the Córtes were again assembled. It was known that demands for relief would be made and the Suprema asked Philip to submit to it whatever articles were proposed, in reply to which he assured it that there should be no change to its prejudice, but that he would procure its increase of privilege.[1108] The chief business of the Córtes was the questions connected with the Inquisition. Philip was not present and his representative, the Count of Monterrey, did not feel empowered to grant the demands made. The only absolute action taken was to adopt as a fuero or law the Concordia of 1568, which hitherto had only the authority of the orders of the king and inquisitor-general. As regards reform, it was left to a commission, consisting on one side of royal appointees and on the other of four delegates named by each of the four brazos or estates. The commission framed a series of fourteen articles, by no means radical in their character, but Philip procrastinated in confirming or rejecting them; the Suprema, in 1627, appealed to Rome to withhold papal sanction and they were quietly allowed to drop, on the pretext that the Concordia of 1568, now erected into law, would suffice to prevent future grounds of complaint. How futile this was is apparent from a conflict which occurred during the sitting of the commission. The assessor of the governor, as was his duty, entered the house of the secretary of the tribunal, flagrante delicto, for a most treacherous murder attributed to him. Although his obligation to do this was notorious, arrest of subordinates followed on both sides and the indignant people were with difficulty restrained from a tumult. The royal officials at once took steps to form a competencia, in conformity with the Concordia which had just been erected into a law; this required all proceedings to be suspended but the inquisitors excommunicated the assessor, refusing to join in the competencia because, as they asserted, the case was an evident one, thus assuming that they could set aside all law by merely declaring that a case was evident.[1109]
ARAGON
The Inquisition had never been restrained by the Concordia and now that it had again baffled the Córtes it was still less inclined to submit to restraint. Quarrels continued as virulent as before, a single example of which will illustrate its invincible tendency to extend its jurisdiction on all possible pretexts. Berenguer de San Vicente of Huesca, in 1534, had founded in that city the College of Santiago and when, in 1538, the municipality added an endowment of more than six thousand ducats, he made the magistrates its patrons. In 1542 he procured from Charles V a cédula, confirmed by the pope, making the inquisitors of Aragon visitors or inspectors of the college, during the royal pleasure and so long as they should perform their functions loyally and well. This supervisory function they stretched in course of time to bring the college and all its members under their jurisdiction, although in 1643 it was asserted that the last visitation had been made in 1624. This power they exercised in most arbitrary fashion. When an attempt was made to burn the college and the town offered a reward for the detection of the incendiary, they interposed with the threat of an interdict and frightened the citizens into submission. In 1643 a pasquinade against some of the inhabitants led to the prosecution of the rector of the college, Dr. Juan Lorenzo Salas, who promptly procured letters from the tribunal inhibiting further proceedings and demanding all the papers. The patience of Huesca was exhausted. It declared its position to be intolerable, for the students appealed to the fuero in all disputes with the townsmen, and the result of the stimulus thus given to that turbulent element was driving away the population and every one lived in apprehension of some terrible event. To gain relief it applied to the Audiencia for a competencia but was told that this was impossible, whereupon it obtained from the court of the Justicia a firma prohibiting the inquisitors from acting; they refused to allow it to be served when it was put on the gate of the Aljaferia with notice that if answer was not made within thirty days it would be followed with exile and seizure of temporalities. The Suprema ordered the inquisitors to answer by excommunicating all concerned. Philip was then in Saragossa, on his way to Catalonia to put himself at the head of his army, for the disgrace of Olivares had forced him to govern as well as to reign, but he was compelled to distract his thoughts with these miserable squabbles. The Council of Aragon appealed to him to require the inquisitors to show cause why they should not be deprived of the visitation and to impose silence on all until he should reach a decision; the Audiencia rendered an opinion that the court of the Justicia could not refuse to issue the firma and, if the complainant insisted on its service, it must be served if the whole power of the kingdom had to be called upon. On the other hand the Suprema declared that the service of the firma was unexampled and urged the king to support the Inquisition in a matter on which depended the ruin or the preservation of the monarchy, for it would be better to close the Holy Office than to expose its jurisdiction to such disgrace, while in these calamitous times favor shown to the Inquisition would placate God and insure the success of his arms. Philip’s reply was long and maundering, irresolute between his 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,