Procedure of the Inquisition.

The Castilian Inquisition, first created in 1478 for specific and temporary objects, underwent considerable modification when retained as a permanent body to combat heresy in general. The popes refused to allow it to be in all respects a royal instrument, and retained the right of appointing or dismissing inquisitors, permitting the kings to recommend candidates. The expansion of the institution from Seville to other cities in Spain and the creation of a supreme council of the Inquisition have already been mentioned. Ximénez, who became head of the Inquisition of Castile in 1507, extended its operations to Africa and the Americas. The methods of trial were harsh, though less so if gauged by the standards of that time. Torture was used as a means of obtaining confessions. The accused was kept utterly apart from his family and friends, who did not learn what had become of him until his liberation or his appearance in an auto de fe. The same secrecy was employed in dealing with the prisoner, who was informed of the general charge against him, without the details and without knowing his accuser’s name. He was allowed to indicate those in whom he lacked confidence, and if he should chance to hit upon an accuser that person’s evidence was eliminated. Two witnesses against him were sufficient to outweigh any testimony he might give. He might have a lawyer, but could not confer with him in private. He might also object to a judge whose impartiality he had reason to suspect, and could appeal to the pope. Penalties varied from the imposition of a light penance to imprisonment or burning to death. Burning in effigy of those who escaped or burning of the remains of those who had died was also practised. The auto de fe represented, as the words imply, merely the decision in the given case, and not the imposition of the penalty as has often been stated. The general rule was for the executions to take place on holidays, which in Spain are indeed “holy days,” or days in celebration of events in church history. A procession was held, in which the functionaries of the Inquisition took part. A public announcement of the decisions was made, and those who were condemned to death were turned over to the civil authorities, who carried out the execution in the customary place. As has already been said, the imposition of sentences was accompanied by confiscations or the levy of fines. Since the Inquisition was supported by these amercements there were numerous scandals in connection therewith. Certain royal orders implied, and complaints by men of such standing as Juan de Daza, bishop of Cordova, directly charged, that the Inquisition displayed a too great eagerness to insure its financial standing by confiscations. On one occasion it seems that the estate of a wealthy victim of the Inquisition was divided between Cardinal Carvajal, the inquisitor Lucero, the royal treasurer Morales, and Ferdinand’s private secretary. The funds did not belong in law to the Inquisition. That body collected them and turned them over to the king, who granted them back again.

Financial administration.

The new Castilian and Aragonese states required greatly increased funds and a royal army, and both of these matters received the careful consideration of Ferdinand and Isabella. In financial affairs their activities were twofold: to procure more revenues; and to bring about greater economy in their collection and administration. The revocation of earlier land grants was one measure productive of income, since the taxes from them now went to the crown rather than to the lords. Two sources of revenue of a religious character were procured by papal grant. One of these was the cruzada, or sale of indulgences, based on the crusade (cruzada) against the Moslems. Designed for a temporary purpose it became an enduring element in the royal income. The other was the diezmo, or tithe, presumably for the same objects as the cruzada, although it too was diverted to other uses. Great attention was paid to the administration of the remunerative alcabala, and to stamp taxes and customs duties. The treasury department as a modern institution may be said to date from this era. In addition the Catholic Kings corrected abuses in the coinage of money. The final result is shown in the increase in the revenues from about 900,000 reales[54] in 1474 to well over 26,000,000 in 1504. Expenses were so heavy, however, that more than once a resort to loans was necessary.

Modernization of the army.

The royal navy.

The army kept pace with other institutions in the advance out of medievalism into modernity. The seigniorial levies, unequal in size and subversive of discipline as well as a potential danger, were virtually done away with after the Granadine war, although such bodies appeared occasionally even in the next era. In their place were substituted a larger royal army at state expense and the principle of universal military service. One man in every twelve of those between twenty and forty years of age was held liable, but did not take the field and was not paid except when specifically called. The glory of the new professional army attracted many who had formerly served the great lords, including a number of the nobility and the adventurous element. Under the leadership of Gonzalo de Ayora and especially of the “great captain,” Gonzalo de Córdoba, noteworthy reforms in tactics were made. The army was now an aggregation of equal groups, based on battalions and companies, while the larger divisions were assigned a proportionate number of infantry, cavalry, and artillery. From this period date many current military titles: colonel, captain, and others. Arms and equipment were much improved and military administration bettered. The importance of firearms was just becoming recognized; cannon, firing balls of stone, played a prominent part in the war with Granada. A similar if less pronounced development appeared in the navy. The admiral of Castile, who had enjoyed a semi-independent sinecure, now lost much of his authority, for many of his powers were taken over by the crown.

The Ordinance of Montalvo and other codifications of the laws.

The reforms which have been chronicled were the result of a great body of legislation, most of which emanated directly from the crown, although some important laws were enacted in conjunction with the Cortes. Taken with the variety of legislation in preceding years it caused not a little confusion as to the precise principle governing a specific case. This led to the compilation by Alfonso Díaz de Montalvo of the Ordenanzas Reales de Castilla (1484?), or Royal Ordinances of Castile, commonly called the Ordinance (Ordenamiento) of Doctor Montalvo, in which were set forth various ordinances of the Cortes since that of Alcalá in 1348 and certain orders of the kings from the time of Alfonso X, together with some provisions of earlier date. In all, 1163 laws were included, of which 230 belonged to the era of the Catholic Kings. Although it is not certain, the Ordenanzas seems to have been promulgated as law, and in any event was very influential, running through thirteen editions down to the year 1513. The compilation was far from meeting the full requirement of the times, however. Besides being incomplete, as was only to be expected, it contained various inaccuracies of form and substance. Furthermore, with such varying elements still in effect as the Partidas and the medieval fueros, besides the unwritten transformation and unification which had been going on for two centuries (as a result of royalist policies), there was need for a clear and methodical revision of Castilian legislation. Various other publications covering special phases of the laws, such as the Ordenanzas de Alcabalas (1491), or Ordinances of the Alcabala, the already mentioned Leyes de Toro (1505), and the privileges of the Mesta (1511), date from this era, while there was a similar tendency toward legislative publication in the Catalonian and Valencian parts of the kingdom of Aragon.

Relations of church and state.