Church with the secular power of the crown. The old Inquisition was purely an ecclesiastical institution, empowered, it is true, to call upon the State for aid and for t

-the spiritual and the temporal-and the combination produced a tyranny, similar in character, but far more minute an

seemed as though it might almost supplant the monarchy; it was constantly seeking to extend its awful authority over the other departments of State, which struggled with varying success to resist its encroa

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gh the papal commission granted to the inquisitor-general faculties of subdelegating his powers and appointing and dismissing his subordinates, thus rendering his action indispensable, Ferdinand was careful to assert his right to control all appointments and to assume that at least they were made with his assent and concurrence. In 1485 the sovereigns had no scruple in appointing at Guadalupe the inquisitors who made such havoc among the apostates.[728] August 8, 1500, he writes to the Bishop of Bonavalle that he had determined to commit to him the office of inquisitor in Sardinia, for which the commission and subdelegation will be despatched to him by the inquisitors-general; he can appoint an assessor and notary, but the other officials will be sent from Spain. A letter of the same date to the Lieutenant-general of Sardinia announces the appointment by the inquisitors-general "con nuestra voluntad y consentimiento," which was the ordinary formula employed, even in such petty cas

h danger to his person, and on September 19, 1509, ordering Diego López de Cortegano, Inquisitor of Córdova, to cease his functions at once and return to his benefice-though this latter order was countersigned by the members of the Supre

policy, extending throughout Western Europe, and the excitement of his frequent wars, he devoted the minutest care to its affairs. When, in December 1484, Torquemada issued his supplementary instructions, he was careful to state that he did so by command of the sovereigns, who ordered them to be observed. So in subsequent instructions, issued in 1485, Torquemada orders the inquisitors to write to him and to Ferdinand about everything that should be reported; the king provides their salaries promises them rewards; if there is anything that th

ts due to a condemned heretic; he sometimes allowed his cédulas to be countersigned by members of the Suprema, especially in the later periods; indeed, toward the end of his reign, this became so habitual that in letters of November 25th and December 10, 1515, he explained that his orders were to be obeyed although not so authenticated, because none of the members happened to be at hand; he sometimes delayed answering applications for in

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matter what instructions he may have from the inquisitors-general or what orders to the contrary. Even for trifles he took them sharply to task, as when, May 17, 1511, he vigorously rebuked one for sending Bachiller Vazquez to him on an affair which could have been as well settled by letter with much less expense. He was fully aware that the power of the Inquisition rested on his support and when there

lencia consults him about a carpenter's bill of ninety sueldos for repairs on the royal palace occupied by the tribunal and Ferdinand tells him, May 31, 1515, that he may pay it this time, but it is not to be a precedent. On January 18th of the

attempted, either the chronic demands of the royal treasury or a prudent desire to prevent the independence of the institution rendered these investments fragmentary and wholly inadequate. Thus the expenses of the tribunals and the salaries of the officials were in his hands. Nothing could be paid without his authorization and the accounts of the receivers of confiscations, who acted as treasurers, were scrutinized with rigid care. He regulated the salary of every official and his letter-books are full of instructions as to their payment. Besides this, it was the S

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iction over infidels, he rebuked them severely, telling them that conversion through conviction is alone pleasing to God and that no one is to be baptized except on voluntary application. So, when some had been converted and had been abandoned by their wives and children, he ordered the inquisitors to permit the return of the latter and not to coerce them to baptism.[738] The other case was that of Pedro de Villacis, receiver of Seville, a man who possessed Ferdinand's fullest confidence. No name occurs more frequently in the correspondence and he was entrusted with the mana

ut losing his position. In December, 1502, his brother Jaime was arrested by the tribunal of Saragossa, and Alonso ventured to ask Ferdinand's intervention in his favor and also for himself in case he should be involved and be subjected to another trial. Ferdinand replied, December 23d, expressing regret and the hope that all would turn out as he desired; if Alonso's case comes up again he shall be tried by Deza himself who can be relied upon to do exact justice. A second application from Alonso brought a reply, Janu

ome of those involved in this heresy would gladly return to the faith and abjure if they could be secretly reconciled, wherefore he confers on the inquisitors faculties, in conjunction with episcopal representatives, to receive secretly, in the presence of Ferdinand and Isabella, fifty persons of this kind to abjuration and reconciliation. A subsequent brief of May 31, 1486, recites that he learns that the sovereigns cannot always be present on these occasions, wherefore he grants for fifty more similar power to be exercised in their absence but with their consent. Then, July 5, 1486, the same is granted for fifty more, even if testimony has been t

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he 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 Saragos

in practically devolved upon Ximenes, who was Inquisitor-general 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 a

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fitness, so that Ximenes may appoint him with its approval.[744] 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

als, 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 variou

itors 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.[748] 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 h

inquisitors, fiscals, and even of minor officials.[750] 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.[751] Yet in one case he even exceeded Ferdinand by intervening in a case of faith. When he went to Toledo with his court to witnes

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he followed this, in 1641 and 1642, by several others, even descending to the secretaryship of Lima which he gave to Domingo de Aroche.[754] 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 h

So completely was the royal supervision forgotten that the instructions to Inquisitor-general Rocaberti, in 1695, repeat the old formula of 1608.[756] In this, the injunction of consulting the Suprema was displeasing to the Holy See, after its intervention in the affair of Froilan Díaz (of which more hereafter) had caused it to take sides in the quarrel

his desire to the inquisitor-general that such person should be borne in mind at the first vacancy and the royal wish was respected, in the absence of special objection. If such there were it was reported to the king and his decision was awaited.[758] With the tendency to assert the prerogative, under C

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ng and perhaps in time superseding the monarchy. Yet, after the death of Ferdinand, Cardinal Adrian, when elected to the papacy, seemed to imagine that Ferdinand's privilege of nomination had been merely personal and that it had reverted to him. February 19, 1522, he wrote to Charles that a successor must be provided; after much thought he had pitched on the Dominican General but had not determined to make the appointment without first learning Charles's wishes. If the Dominican was not satisfactory, Charles

at of Felipe Bertran, Bishop of Salamanca, after the death of Inquisitor-general Bonifaz. December 27, 1774, was despatched the application to the papacy for the commission, carefully framed to avoid attributing to the latter any share in the selection or appointment and merely asking for a delegation of faculties, accompanied with instructions to the ambassador Floridablanca to procure for Bertran a dispensation from residence at his see during his term of office. Clement XIV had died, September 22, 1774, and the intrigues arising from the suppression of the Jesuits delayed the election of Pius VI until February 15, 1775, but on February 27th the commission and dispensation were signed. March 25th, Carlos sent the commission to the royal Camara for examin

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cer Artes, a salaried official of the Inquisition, violations of its privileges for which he asked a remedy.[764] In 1529, he gave more serious cause of offence. When Charles sailed, July 28th, to Italy for his coronation, he placed under charge of the empress Do?a Luisa de Acu?a, heiress of the Count of Valencia, until her marriage should be determined. There were three suitors-Manrique's cousin the Count of Trevi?o, heir apparent of the Duke of Najera, the Marquis of Astorga and the Marquis of Mayorga. The empress placed her ward in the convent of San Domingo el Real of Toledo, where Manrique abused his authority by introducing his cousin; an altar had been prepared in advance and the marriage was celebrated on the spot. The empress, justly incensed, ordered him from the court to his see until the emperor should return and turned a deaf ear to the representations by the Suprema, December 12th, of the interference with the holy work of the Inquisition and the discredit cast upon it. It was probabl

had incurred the ill-will of the favorite, the Duke of Lerma. To effect this, a bull was procured from Clement VIII requiring episcopal residence; Portocarrero was Bishop of Cuenca, a see reputed to be worth forty thousand ducats a year, but he preferred to abandon this and made fruitless efforts at Rome to be permitted to do so. He left Madrid in September, 1599, for Cuenca and died of grief within a twelve-month, refusing to make a will because, as he said, he had nothing to leave but debts that would take two years' revenue of his see to pay.[767] His successor, Cardinal Fernando Ni?o de Guevara fared no better. He was in Rome at the time of his appointment and did not take possession of his office until December 23, 1599, but already in May, 1600, there were rumors that he was to be superseded by

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he had been a secretary of Lerma. When the court removed to Madrid, in 1606, he was obliged to choose between the two dignities and his resignation of the bishopric was facilitated by granting him a pension of twelve thousand ducats on the treasury of the Indies, besides which, as Patriar

d him independent of the king; he did not manifest the accommodating disposition of Portocarrero and Guevara and, as he was not a bishop, he could not be ordered to his see. It illustrates the anomalous position of the Inquisition, as part of an absolute government, that for some weeks the question of his removal was the subject of repeated juntas and consultations, but finally, April 23d, Philip wrote, ordering him to leave the court within twenty-four hours, for the Dominican Convent of Huete, where his superior would give him further instructions. He obeyed, but he refused the bishopric of Zamora and the continuance of his ecclesiastical revenues as the price of his resignation. The only method left was to obtain from Gregory XV the withdrawal of his delegated powers by representing his unworthiness, his guilty complicity with Uceda and Osuna and Philip III's reproach to him on his death-bed for misguiding his soul to perdition. Gregory listened favorably and Aliaga seems to have recognized the untenableness of his position and to have resigned, although no evidence of i

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and at the time was governor of that of Toledo. Philip followed the suggestion by an endorsement on the paper, which was a singularly informal appointment, remarking at the same time that the choice should not be made public until his successor at Toledo was selected.[774] His resignation of the office, in 1632, is commonly attributed to a request from the king, but this is by no means certain. He was more than eighty years of age and for some time had been talking of resigning; already in 1630 the Suprema all

e he was requested to resign in view of his advanced age and to preserve his health. He was much disturbed and consulted friends, who advised him to obey, but he still held on, saying that they might await his death. Greater pressure was applied to which he yielded. June 20th he made a formal notarial attestation of his desire to be relieved on account of his great age and the next day he sent in an ungracious resignation, followed, on the 24th by one a

er 16th. During this interval, Philip gave the appointment to Pascual of Aragon, son of the Duke of Cardona and serving at the time as Viceroy of Naples. He promptly sailed for Spain and, though he is said to have resigned without acting, there are documents of October and November, 1665, which show that he per

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whose hatred of the Company of Jesus was exacerbated by his combination of that position with the inquisitor-generalship. He was accused of filling the Holy Office with Jesuit calificadores, under whose advice he managed it, and with accumulating for himself pensions amounting to sixty thousand ducats a year. Spain at the time had a pinchbeck hero in the person of the second Don Juan of Austria, son of Philip IV by a woman known as la Calderona; he stood high in popular esteem, for he had the reputation of suppressing the Neapolitan revolt of 1648 and of ending the Catalan rebellion by the capture of Barcelona in 1652. Between him and Nithard there inevitably arose hostility which ripened into the bitterest hatred. To get him out of the c

avered, she stood firm. December 3d she wrote to him to return to Consuegra or to come near to Madrid, where negotiations could be carried on. While taking advantage of this he avoided the trap by writing that, as his life was endangered, her envoy, the Duke of Osuna, had furnished him with a guard of three companies of horse-about 250 men in all. With this escort he started from Barcelona by way

t 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 express 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 Pe?aranda were depute

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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 a

followed him September 19th, the very day that his commission arrived, after a brief illness and not without grave suspicions of poison.[782] 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

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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 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.[784] 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

d, 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 h

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urer, was then serving as the envoy of the Duke of Parma and persuaded her that Elisabeth Farnese, the daughter of his patron, would be subservient to her, and the match was arranged. December 11, 1714, Elisabeth reached Pampeluna and found Alberoni there ready to instruct her as to her course and his teaching bore

nd in an insolent invasion of the royal rights by the tribunal of Lima. The Council of Indies complained that the latter had removed from the administration of certain properties indebted to the royal treasury the person appointed by the Chamber of Accounts, on the plea that the owner was also a debtor to the Inquisition. Philip V thereupon ordered Macanaz, in conjunction with D. Martin de Miraval, fiscal of the Council of Indies, to make a report covering all the points

clashed in Rome, the one to obtain a cardinal's hat, the other to advance his nephew. Alberoni had the ear of the queen and speedily undermined his rival. Giudice was also tutor of the young prince Luis; on July 15, 1716, he was deprived of the post and ordered to leave the palace and, on the 25th, he was forbidden to enter it. He fell into complete disfavor and shortly left Spain for Rome, where he placed the imperial arms over his door. His resignation must have followed speedily for, on January 23, 1717, the tribunal of Barcelona acknowledges receipt of an announcement from the Suprema that the pope has a

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while recalling Giudice and, as a decent cover for banishment, he was allowed, in March, 1715, to seek the waters of Bagnères for his health, when he departed on an exile that lasted for thirty-three years to be followed by an imprisonment of twelve. Giudice promptly commenced a prosecution for heresy, sufficient proof of which, according to the standards of the Holy Office, was afforded by his official papers. As he dared not return, his trial in absentia resulted

o the affair of the Inquisition-an effort apparently frustrated by the influence of Père Daubenton.[791] It was possibly with a view to overcome this fatal enmity that he occupied his leisure, between 1734 and 1736, in composing a defence of the Inquisition from the attacks of Dr. Dellon and the Abbé Du Bos. In this he had nothing but praise for its kindliness towards its prisoners, its scrupulous care to avoid injustice, the rectitude of its procedure and the benignity of its punishments. Beyond these assertions, the defence reduces itself to showing that, from the time when the Church acquired the power to pe

en the authorities there compassionated him and, at their intercession, he was removed to an easier prison and permitted the use of books and writing materials. Here, during a further captivity of twelve years, the indomitable old man occupied himself with voluminous commentaries on the Teatro crítico of Padre Feyjoo and the Espa?a sagrada of Florez, with many other writings

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-general, Manuel Quintano Bonifaz, an edict of condemnation was hastily drawn up of which copies were given to the royal confessor on the night of August 7th. They did not reach the king at San Ildefonso until the morning of the 8th, who at once despatched a messenger to Bonifaz ordering him to suspend the edict and recall any copies that might have been sent out. Bonifaz replied that copies had already been delivered to all the churches in Madrid and forwarded to nearly all the tribunals; to suppress it would cause great scandal, injurious to the Holy Office, wherefore he deeply deplored that he could not have the pleasure of o

, who accepted the post September 12, 1794, was not much more fortunate, although his enforced resignation, in 1797, was decently concealed under a mission to convey to Pius VI the offer of a refuge in Majorca. He was followed by Ramon José de Arce y Reynoso, Archbishop of Saragossa, who resigned March 22, 1808, four days after the abdicati

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rs that it is granted by the inquisitor-general, who constitutes the appointee a member and invests him with the necessary faculties, and it is moreover countersigned by the other members.[799] In this there is no allusion to any nomination by the king, although the appointment lay in his hands. In 1573 the Venitian envoy Leonardo Donato so states, adding that the popes felt very bitterly the fact that they had no participation in it; they had repeatedly tried to secure the membership of some one dependent upon them, such as the nuncio, but Philip would not permit it; the council did nothing without his consent, tacit or expressed.[800] At some period, not definitely ascertainable, the custom arose of the inquisitor-general presenting three names from among which the king made selection. At first the number of

ered it to be entered on the records; there were murmurings followed by submission. After the accession of Philip IV, he ordered the Council to make out a commission for his confessor, the Dominican Sotomayor, to which there was ineffectual opposition.[802] The rule held good. Soon after the Inquisition was reorganized under the Restoration, Fernando VII, July 10, 1815, appointed his confessor, Cristóbal de Bencomo, a member to serve without salary for

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were inquisitors and it was only as such that they sat in judgement without appeal in cases of faith. To this Philip rejoined that Olivares would report the efforts he had made to quiet his conscience in view of the great public good to result from the appointment, wherefore he expected that possession would be given to Don Antonio without delay. Matters went so far that the Duchess of Cardona wrote to her son to abandon the effort but the royal command prevailed; he obtained the position and in the following year he was made a member of the Council of State; he was already a member of the Council of Military Orders and the whole affair gives us a glimpse of how Olivares governed Spain.[806] Having thus asserted his prerogative, Philip, in 1642 and the early months of 1643, made four appointments without consultation. The remonstrances of the Suprema must have been energetic for Philip yielded and, in a decre

ma to interpose itself between the king and the tribunals, so that no royal commands to them should be obeyed unless they should pass through it, thus rendering the inquisitors subject to itself alone and not to the sovereign. In a government theoretica

ad not been signed by the Suprema. He appealed to Ferdinand who promptly ordered the inquisitors to obey it; if they find Pedro's story to be true they are to give him a certificate of freedom and meanwhile are to protect him from his master, who was seeking to send him to the Canaries for sale.[809] The claim which Ferdinand thus peremptorily rejected was persistently maintained during the period of confusion which followed his death. Whether it received positive assent from Charles is more than doubtful, although the Suprema so asserts in a letter of July 27 1528, ordering inquisitors to examine whether a certain ro

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pope. Another was that, in the secular business of the tribunal, the opinion of the Catalan assessor should govern, because he would be familiar with the local law; this he accepted and promised, in so far as it concerned the inquisitor-general and Suprema, to charge them to give such orders to the tribunal. Another was that commissioners and familiars should not be "religious," to which his reply was the same. Another required the inquisitor-general to appoint a resident of Barcelona to hear appeals in civil cases below five hundred libras; this he said was just and he would charge the inquisitor-general to do so. After this, in fulfilment of his plighted word, he addressed the inquisitor-general in terms almost supplicatory "I charge you greatly that for your part you condescend and facilitate that what they have supp

a was therefore one of no little importance and it was insisted upon tenaciously. There was a convenient phrase invented which we shall often meet-obedecer y no cumplir-to obey but not to execute, which was very serviceable on these occasions. In 1610 the Suprema argued away a cédula of Philip III as invalid because it had been despatched through the Council of State and the king was repeatedly told to his face that the laws required his cédulas to be countersigned by the Suprema in or

ders. The finances of the Inquisition will be discussed hereafter and meanwhile it suffices to say that, after his death and the exuberant liberality of Charles to his Flemish favorites during his first residence in Spain, the diminishing receipts from these sources caused them to b

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and a receiver-general and, in 1520, the two are merged into one.[815] When, in 1513, Bishop Mercader was made inquisitor-general of Aragon he desired a statement from all receivers of their receipts and payments and of the property remaining in their hands and Ferdinand ordered them to comply, alluding to it as usual on the entrance of a new inquisitor-general.[816] This inevitably ripened in

ave Adrian a general faculty for this purpose, but it seems to have been called in question, for he found it necessary to send from Brussels, September 12th, a cédula to all receivers confirming it and stating that Adrian's orders, signed by members of the Suprema, would be received as vouchers by the auditor-general. Under this the Suprema exercised full authority over the funds collected by all the receivers and disposed of them at its pleasure. When Charles returned he presumably resumed control and, after his marriage with Isabel of Portugal, during his frequent absences, he left the po

tion similar to that given to Cardinal Adrian but he had refused to sign it, saying that they could do as under Cardinal Manrique, forgetting that there had been the empress who always signed the cédulas, wherefore they ask him to get the emperor to sign the power. He doubtless did so, for an order, June 12th, on the receiver of Valencia to send fi

power, the little respect paid to its commands is seen in the fate of an application made in 1544, by Juan Tomás de Prado, notary of the tribunal of Saragossa, to Prince Philip for an ayuda de costa of three hundred ducats. Philip ordered his prayer to be grante

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the tribunals; it was repeated in instructions of 1561 and we shall see that it became a settled practice.[824] This systematic concealment was the more indefensible from the fact that the Inquisition was now obtaining funds from other sources than confiscations. We shall see hereafter how it utilized the scare caused by the discovery of Protestantism in Valladolid and Seville in 1558, with the plea of additional expenses thus caused, to obtain from Paul IV a levy of a hundred thousand gold ducats on the revenues of the clergy and the more permanent endowment of a canonry to be suppressed for its benefit in every cathedral and collegiate church. A large portion of the inquisitors, moreover already held canonries and other benefic

of the time, Philip II was reasserting his rights.[827] The treasury was empty when Philip III succeeded to the throne in 1598 and, among his expedients to raise money, he ordered the receivers of the tribunals to send to him all the funds in their hands, promising speedy repayment. The Su

ations should become sufficient. These, which had been small at first, rapidly increased in the seventeenth century and were enormous between 1630 and 1650, when the whole trading communities of Peru and Mexico were shattered, enabling the tribunals to make permanent investments that rendered them wealthy, besides sending heavy remittances to the Suprema, which moreover seized the goods and credits in Seville of the colonial Judaizers. In addition to this, in 1627, a prebend in each cathedral was suppressed fo

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.[830] Evidently there was good reason for concealing its revenues. In the frightful confusion of the finances which followed the revolution of Portugal and the revolt of Catalonia, in 1640, while Spain was heroically battling for existence against France and its rebellious subjects, the demands were varied and incessant-sometimes for sums so small as to reveal the absolute penury of the State-and Philip's impatient urgency, as he chafed under the dilatoriness of the responses, sh

t had impoverished them to meet the royal demands. Last year it had sold a censo of 18,000 ducats belonging to the tribunal of Saragossa, which was beseeching its return. It had also given the king 10,000 ducats for the cavalry and to raise this amount it had taken the sequestrations in the tribunal of Seville-a sacred deposit-including 20,000 ducats' worth of wool, the owners of which, having been acquitted, were besieging it for their money. This dolorous plaint was effective in so far that the seizure at Seville was credited on account of the demand fo

lls it that what is due for the present year as well as the previous arrears, must be paid at once, otherwise an inventory of its property must be given to the president of the treasury, who will raise the money on it.[834] Subsequently there was a feeble attempt to return some of these contributions and, in each of the years 1673 and 1674, a trifling payment was made of 10,000 reales vellon, but, in 1676, the Suprema stated to Carlos II that in all it had furni

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wholly concealed. In 1678 the tribunal of Majorca unexpectedly made a successful raid on the whole New Christian population of Palma and, in the early months of 1679, there were more than two hundred penitents reconciled. As they constituted the active trading element of the place the confiscations were enormous and the affair attracted too much attention to be hidden. As soon as the news came of the arrests, the king wrote, May 20, 1678, to the viceroy to look carefully to the sequestrations because, in case of confiscation, the proceeds belonged to the treasury. The Suprema, however, made him hold his hands off with direful threats and kept control of the liquidation. After the condemnations, a consulta of July 5, 1679, shows that 50,000 pesos had already

revenues of all the tribunals, which was furnished March 9, 1703, after which, on May 27th, he issued a decree declaring that he must put an end to the abuses and disorders which had crept into the administration and disbursement of its property, in order to relieve the embarrassment of which it complained. He therefore annulled all commissions and appointments without obligation of service, granted by the inquisitor-general, whether within or outside of Spain. The papers of all jubilations, new places and gratuities created or granted since the time of Valladares (1695) were to be placed in his hands. In no case thereafter should the inquisitor-general jubilate any official of the Suprema or local tribunal without consulting him, and any such act issued without a previous royal order was declar

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s followed with regard to the others. In 1725 Valencia expressed its fear that the alliance with Austria against England, France and Prussia would result in its having to restore the confiscations, and the blow seems to have fallen for, in 1727, the suprema, in a consulta of December 9th, describing the poverty of Saragos

commutations of punishment and the pecuniary penances known as penas y penitencias. All these will be cons

were the sums thus exacted, for penances of a half or a third of the penitent's property were not uncommon. Similar fines also usually accompanied sentences that did not embrace confiscation and formed a continual although fluctuating source of revenue. Sometimes there were

and reports to be made to him or to the king, in order that they may be spent on the war or in other pious uses or in paying the salaries of the Inquisition.[841] Both the destination and the control of these funds were thus left undetermined and they so continued for some years. In 1486 we find Ferdinand giving orders for s

e proceeds of their pious labors. The confiscations unquestionably belonged to the crown, but the penances were spiritual funds which for centuries had always enured to the Church. There must have been a sustained effort to withhold them from the royal acquisitiveness, to which Ferdinand was not disposed to yield, for he procured from Alexander VI, February 18, 1495, a brief directing the inquisitors to hold all such moneys subj

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s of 1498, enjoining on inquisitors not to impose penances more heavily than justice requires in order to insure the payment of their salaries,[844] and the principle was formally recognized by Ferdinand and Isabella in a cédula of January 12, 1499, reciting that, although they held a pap

salary of Jaime de Muchildos, the Roman agent of the Inquisition.[846] So, in 1511, we find him granting to Enguera, Inquisitor-general of Aragon, a thousand libras out of the penances to defray the expenses of his bulls for the see of Lérida and authorizing him to pay from them an ayuda de costa of two hundred ducats to Joan de Gualbes, a member of the Aragonese Suprema. Then, in 1514, he places all the penances unreservedly at the disposal of Inquisitor-general Mercader to be employed on the salaries and other necessary expenses of th

om those who fell into its hands. The only exception to this that I have met is that Philip IV, in his financial distress, by a decree of September 30, 1639, claimed and collected twenty-five per cent. of fines, but he scrupulou

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tics. The principles which had been worked so effectually for the destruction of the Houses of Toulouse and of Hohenstaufen and under which Pius V released the subjects of Queen Elizabeth from their allegiance, in 1570, were fully recognized in Spain as vital to the faith.[849] But beyond this the Spaniards, in the exuberance of their religious ardor, boasted that their national institutions conditioned orthodoxy as necessary to their kingship. Even when the seventeenth century was well advanced, a learned and loyal jurisconsult tells us that, from the time of the sixth Council of Toledo, in 638, their monarchs had imposed on themselves the law that, if they fell into heresy, they were to be excommunicated and exterminated; that Ferdinand, in 1492, had renewed this law and that h

recurso de fuerza, which, like the French appel comme d'abus, gave to those who suffered wrong an appeal to the Council of Castile.[851] But even from this the Inquisition was exempt. A decree of Prince Philip, in 1553, was its ?gis and was constantly invoked. This was addressed to all the courts and judicial officers of the land and affirmed, in the most positive terms, the sole and exclusive jurisdiction of the Inquisition in all matters within its competence, civil or criminal, concerning the faith or confiscations-and faith was a convenient term covering the imp

nt.[853] This was emphasized in a printed argument in 1642, asserting that that transaction could only become of binding force by the consent of both parties-the king and the inquisitor-general-and the king had no power to change it of his own motion, as it was an agreemen

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d when, about 1611, the king filled vacancies in Málaga and the Canaries. This provoked a discussion, during which, without awaiting settlement, the inquisitors excommunicated the appointees-and an inquisitorial excommunication could be removed only by him who had fulminated it, by the inquisitor-general or by the pope. In 1611 the king ordered the appointees to be absolved and mandates signed by him to that effect were addressed to the inquisitors of Málaga and the Canaries. The Suprema complained loudly of this as an unheard of violation of the rights of the Holy Office and refused obedience. In 1612 it declared t

of the Inquisition to emancipate itself from all control. When Ferdinand granted this fuero it was understood on all hands to be a special deputation of the royal jurisdiction and as such liable at any time to modification or revocation. Ferdinand himself, in a cédula of August 18, 1501, alluded to it as such-the inquisitors enjoyed it just as the corregidors did.[856] So, in the Concordia of Castile, in 1553, defining the extent of this jurisdict

as 1639 the Suprema made no claims of the kind but two years later, in 1641, it suddenly adopted them in the most offensive fashion. There was a competencia, or conflict of jurisdiction, between the tribunal of Valladolid and the chancillería or high royal court; the Council of Castile had occasion to present several consultas to the king, in one of which it said that the jurisdiction exercised in the name of the king by the Inquisition was temporal, secular and precarious and could not be defended by excommunication. Thereupon the Suprema assembled its theologians who pronounced these propositions to be false,

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jects, they have none when the oppressors are ecclesiastics, exempt by divine law from their jurisdiction.[862] To win this the Inquisition persisted in its claim. In 1642, on the occasion of a competencia in Granada, there appeared, under its authority, a printed argument to prove that the temporal jurisdiction of the Holy Office was a grant from the Holy See, which had power to intervene in the internal affairs of States and that it had merely been acquiesced in an

for cases of faith with all that is requisite, directly or indirectly, for its untrammelled enjoyment; this is of divine law and, as such, is superior to all human law, to which it is in no way subject. The very least that can be said is that princes are bound to admit this, and though they have a right to concede no more than is requisite, the decision as to what is requisite rests with the ecclesiastical authority

rival and warring bodies. In these bickerings and dissensions the power of the crown decreased and the theoretically autocratic monarch found himself unable to enforce his commands. Philip IV recognized this fatal weakness, but his efforts to overcome the evil were puerile and inefficient. October 15, 1633, he sent to the Suprema, and presumably to the other councils, a decree setting forth emphatically that the slackness of obedience and disregard of the royal commands had been the cause of irreparable damage to the

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Spain deprived of their places judges, who executed royal cédulas issued against justice and the rights of parties, for it was assumed that such could not be the royal intention and that they were decreed in ignorance, so that they were suspended until the prince, better informed, should provide justice. Therefore when councillors opposed cédulas which would work great injury to the jurisdiction and immunities of the Holy Office, it was only to prevent innovation and it was in the discharge of duty that this was represented to the king. The Suprema therefore prayed him that, before determining m

s of Aragon to prevent the reform of abuses, he yet, as we have seen, insisted on the right to supervise appointments. He doubtless asserted his authority in other ways for the Suprema abated its pretensions that its civil and criminal jurisdiction was spiritual and papal. In an elabor

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he chapter and moreover they took under their protection the Dominican Joseph Guillen, Prior of San Pedro Martir, who was a notary of the tribunal. He circulated a defamatory libel on the chapter which laid a complaint before his superior, the Provincial; the latter commenced to investigate, when the tribunal inhibited him from all cognizance of the matter. Then there came a mandate from the Dominican General to the Provincial, relegating Fray Guillen to a convent and ordering a president to be appointed for San Pedro Martir, whereupon the tribunal required the Provincial to surrender this mandate and all papers concerning the affair, under pain of excommunication and two hundred ducats. The sub-prior of San Pedro Martir was forced to assemble the brethren, whom the inquisitors ordered to disobey the commands of the General and not to acknowledge the president appointed under his instructions, thus violating the statutes of the great Dominican Order and the principle of obedience on which it was based. They further excommunicated the Provincial in the most solemn manner; they took by force Fray Guillen from the convent and paraded the streets in his company; the whole community was thrown into confusion and to prevent recourse to the home authorities they forbade, under heavy penalties, the departure of any vessel for Teneriffe, through which communication was had with Spain. In all this there was nothing at variance with the customary methods of asserting the lawless supremacy of the Inquisition over the secular and spiritual authorities, but Philip V ordered Giudice, September 30, 1712, to put an end to these excesses and, on October 11th, the Suprema reported that it had ordered the inquisitors to desist. If it did so, they paid no attention to its commands. Then, June 11, 1713, he addressed a peremptory order to Giudice to revoke all that had been done in the Canaries, to reca

Gallican ideas as to royal prerogative, the subordination of the Inquisition becam