"Since they were dragged by force to be baptized, they cannot be considered members of the church, and to punish them for heresy and relapse were to violate the principles of justice and equity. With sons and daughters of the first Marranos the case is different, they belong to the church as voluntary members. But, as they have been brought up by their relatives in the midst of Judaism, and have had their example continually before their eyes, it would be cruel to punish them according to the canonical law for falling into Jewish ways and beliefs; they must be kept in the bosom of the church through gentle treatment."
By this brief Clement VII abrogated the power of the Portuguese Inquisition, ordered that denunciation of Marranos should be carried before his own tribunal, and granted to all a thorough absolution or amnesty for past defection from the church. Those languishing in the dungeons of the Inquisition were to be set free, the banished allowed to return, and those robbed of their goods to have them restored. Clement declared, with the peculiar untruthfulness of the papacy, from which even the best popes were unable to free themselves, that he had issued this brief of his own accord, without the suggestion of the Marranos, although the whole world knew the contrary, and counted up how many scudi the see had received for the letter. Clement also declared all who should resist this brief, clergy as well as laity, to be under the ban, and urgently pressed his envoy, Marco della Ruvere, to make it known throughout Portugal. To do Pope Clement VII justice, it must be said that he steadfastly defended the cause of humanity towards the unhappy Marranos against the bloodthirsty spirit of the Christianity of his time, though it must be admitted that other and not quite pure motives may have conduced to his action—viz., hatred of Charles V, who upheld the proposal for a Portuguese Inquisition, and greed for the sums of money paid him and his retainers. The thought of delivering the Marranos to the tender mercies of those bloody-minded wretches in Portugal was not to be lightly endured. Although the question had been thoroughly discussed, Clement appointed a commission, consisting of the two neutral cardinals, De Cesis and Campeggio, to consider the matter once more. The grand penitentiary, Antonio Pucci, Cardinal de Santiquatro, could not be excluded, although a partisan of the Portuguese court. Nevertheless, this commission officially attested the perpetration of devilish atrocities by the Inquisition against pseudo-Christians. In consequence of their report, Clement VII (July 26th, 1534), feeling that his end was near, issued a brief to the nuncio at the Portuguese court to press the release and absolution of imprisoned Marranos. There were about twelve hundred of them, and it may be doubted whether this brief effected their deliverance. Clement's death (September 25th, 1534) brought to naught his good intentions and the Marranos' hopes.
Intrigues concerning the Inquisition were woven anew under his successor, Paul III Farnese (1534–1549), at first to the prejudice of the Marranos, though this pope belonged to the old school of worldly-minded, diplomatic, by no means bigoted princes of the church. He was a subtle schemer, and paid more attention to earthly than to heavenly powers. Paul III was specially well-disposed to Jews. If a description by a narrow-minded bishop (Sadolet of Carpentras) is true only to a small extent, it still proves that this friendliness must have been remarkable. "No pope has ever bestowed on Christians so many honors, such privileges and concessions as Paul III has given to the Jews. They are not only assisted, but positively armed with benefits and prerogatives." Paul III had a Jewish physician in ordinary, Jacob Mantin, who dedicated some of his works to him.
As soon as Paul III had ascended the papal chair, the king of Portugal deemed it most important to procure a revocation of Clement's bulls and briefs in favor of the Marranos, and opposed to the Inquisition. But Duarte de Paz, the Marranos' advocate, who had been given an aid in Diogo Rodrigues Pinto, spared no effort to oppose the contemplated change of policy. Gold also was not wanting. Duarte de Paz, although apparently engaged in a traitorous correspondence with the king, Don João, offered Cardinal Santiquatro, the partisan of Portugal, a yearly pension of 800 crusados, if he would give his support to the Marranos. The pope, diplomatically cautious as he was, and disinclined to bind himself, decided at first (November 3d, 1534), that Clement's brief should not be promulgated. But when he learned that it had already taken effect, he ordered the case to be again considered, and for that purpose named two cardinals, Ghinucci and Simoneta, of whom the first decidedly favored the Marranos, having published a work in their defense. The result of their investigation was that Paul III emphatically admonished the Portuguese court to obey Clement VII's bull of absolution. He was decidedly opposed to the imprisonment of Marranos in inaccessible dungeons and against the confiscation of their property. But the Catholic kings of that day showed obedience to the papal see only as long as it suited them and their interest; so João III paid but small heed to the pope's admonition. His envoy even advised him, in order to carry on the Inquisition, to cut himself adrift from the Romish Church as England had done. A complete web of intrigues was spun over this affair in Rome and Portugal. In Portugal the court was on the one side, and the Marrano leaders, Thomé Sarrão and Manuel Mendes, with the papal legate on the other—at Rome, Duarte de Paz and Pinto, against or with the Portuguese ambassador and against Cardinal Santiquatro.
Disgusted and wearied, Paul III, who did not readily give up an intention once formed, issued a new, decisive bull (October 2d, 1535), giving absolution to the Marranos, and protecting them against all clerical and civil penalties for relapse and heresy, provided that they would not be guilty of similar offenses in future. The Inquisition in Portugal, which for the sake of appearance could not proceed without the authorization of the pope, was once again arrested. The nuncio set to work energetically, made the bull known throughout Portugal, and carried matters so far, that even the inimically disposed Infante Don Alfonso opened the prison doors to free those whose release was so pressingly recommended by Rome. Altogether there were eighteen hundred Marranos liberated (December, 1535).
At first dazed as by a sudden blow, the Portuguese court later on set every lever in motion once more to obtain sovereign power over the Marranos and their property. It did not shrink from assassination to gain its ends. One day Duarte de Paz was attacked on the high road by assassins, and left lying there for dead, covered with fourteen wounds (January, 1536). All Rome believed the murderers to be hirelings of the Portuguese court. The pope was greatly provoked at this crime, and sent physicians to pay every attention to the procurator, who eventually recovered. Nevertheless, with respect to the Inquisition, the pope had to comply with the wishes of the Portuguese court, which had at last found out the right way to reach its goal. It had recourse to the victorious Charles V, urgently requesting him to manage the affair. Just at that time the emperor had fought a hard battle near Tunis with the Mahometan Barbarossa, who, supported by Turkey, had disquieted all Christendom. After many struggles, the numerous host of Christians, led by Charles himself, gained the day, and Barbarossa was defeated.
When Charles arrived in Rome after a triumphal progress through Italy, he asked the pope, as a reward of his victory for Christianity, to authorize the Inquisition in Portugal. Paul III did not yield without a struggle. He always returned to the contention that the Portuguese Marranos were originally dragged by force to be baptized, and that, therefore, the sacrament had no hold upon them.
Unfortunately for the Marranos, their means for satisfying the greed of the papal court for gold were exhausted. Their advocate, Duarte de Paz, had promised exorbitant sums for the frustration of the Inquisition, and had misappropriated to his own use part of the money intrusted to him. The pseudo-Christians thus found themselves obliged, when pressed for payment by the papal nuncio, to declare that they were not in a position to redeem the exaggerated promises of Duarte de Paz. Moreover, this commerce between the nuncio and Marranos was betrayed, and the latter had to exercise yet greater caution. Hence interest in the Marranos gradually cooled down at the pope's court. As the emperor put increasing pressure on Paul III to authorize the Inquisition in Portugal, the pope at last sanctioned the tribunal for the Portuguese dominions (May 23d, 1536). The pope, friend of the Jews as he was, granted his sanction with a heavy heart, forced thereto by pressure from the emperor. He added all sorts of restrictions, that for the first three years the method of procedure in current civil courts must be adhered to, i.e., open confrontment with witnesses—at least as regarded that class of Marranos which was not greatly esteemed—and that the confiscation of condemned Marranos' goods should take place only after the expiration of ten years. Personally, the pope recommended gentle measures in dealing with pseudo-Christians. Don João's joy at the ultimate fulfillment of his heart's desire was so great that he accepted the conditions. But the concession was only a pretense; in reality, the same rigor was employed against the Portuguese Marranos as against the Spanish. The admonition published by the Inquisition, that it was everyone's duty, under penalty of excommunication or a yet more severe punishment, to denounce any Jewish observances or expressions of the new-Christians, differed in no respect from that published by the first bloodthirsty Spanish inquisitor, Torquemada. In November of the same year, after the expiration of the thirty so-called days of grace, the bloody tribunal began its revolting and abominable activity, once again outraging and dishonoring human nature. The Portuguese Inquisition was conducted with almost more cruelty than the Spanish, because, on the one hand, its introduction had cost so much trouble, and the public mind was thereby embittered; on the other, because the Portuguese Marranos were more steadfast than their Spanish brethren, and finally, because the common people supported the Inquisition, and took part against the new-Christians. João III even made them wear a distinguishing mark to separate them visibly from other Christians.
They did not, however, accept their defeat inactively, but rather set to work with all imaginable energy to bring about a revocation of the bull. The most subtle intrigues were again commenced at the papal court. Duarte de Paz once more displayed his diplomatic skill. The Marranos raised complaints of the cruel dealings of the judges, who neglected to obey the pope's instructions. More especially they complained that liberty to emigrate and dispose of their real estate was still denied them.
In a memorial to the pope they ventured on almost threatening language: