A History of the Inquisition of Spain; vol. 1

by Henry Charles Lea

The refugees were without salaries or resources and it was not without difficulty and delay that the Suprema, professing its own inability to help them, secured from Philip some moderate ayudas de costa to keep them alive. Then, in March, 1644, it ordered them to open a tribunal at Tarragona, at the same time representing to the king that this would cost forty-five hundred ducats in silver for the first year, and four thousand annually thereafter, which might be supplied from the two millions of maravedís coming from the tribunal of Cartagena—apparently some recent large confiscation—as otherwise they would die of starvation. They were doubtless thus provided for and did what they could to restore the old-time dread of the Holy Office. It had sadly diminished in these evil days for, in this same year, 1644, in the neighboring town of Tortosa, Inquisitor Roig of Valencia complained that, on reaching there during his visitation, the magistrates did not come to receive him, they assigned him no lodgings and they refused to publish his proclamation.[1153]

CATALONIA

Meanwhile, in accordance with the terms arranged with France, the Catalans had organized a national Inquisition. Doctor Paulo Ferran and Doctor Joseph Pla were appointed and application was made for the usual papal faculties. These were granted and, when the briefs were received, September 26, 1643, they were installed and the Castilians were expelled. The new tribunal had not much to do. It did not meddle with the Calvinists in the French armies, but it vindicated its authority by an auto de fe, celebrated February 23, 1644, in which one victim was garroted and burnt and there were two penitents. There was another, November 7, 1647, in which there was an execution for unnatural crime and six men and five women penitents, mostly for bigamy and sorcery. The only other evidence of activity that I have met is an investigation ordered by Pla, at the request of the parish priest of Pineda, resulting in the trial of Anthoni Morell.[1154]

When the troubles of the Fronde compelled Mazarin to withdraw the French armies, the rebellion collapsed, in spite of the obstinate determination of the Catalans to sever relations with Castile. When Barcelona surrendered, October 11, 1652, Catalonia was left at the mercy of the conqueror, but Philip, with true statesmanship, restored it to its ancient privileges and liberties, save a few exceptions which have no bearing on our subject.[1155] Inquisitor Pla had lingered at Gerona, continuing his functions in virtue of his papal brief. He was found there by the Marquis of Olias y Mortara, who only ventured to suspend him and wrote to the king, October 12, 1652, for instructions, adding that the prompt re-establishment of the Inquisition would conduce greatly to the pacification of the land. The Council of Aragon, November 16th, approved of this and the next day Philip instructed the inquisitor-general to make the appointments and despatch the inquisitors at once.[1156] There were financial difficulties, however. January 18, 1653, the Suprema reported the appointments; the infection of heresy by the French promised much work, but there was an utter lack of money; the tribunal would cost six thousand ducats a year, while its resources were but two thousand, for the separation of Roussillon lost it a thousand and it had two thousand more in Barcelona loans which were incollectable; there was prospect however of large confiscations, for many Catalans had fled to France who would be prosecuted and, on the strength of this, the king was asked for four thousand a year.[1157] The adjustment of these questions probably required time, for it was not until August 2d that the new inquisitors took possession of their office, riding in state through the city, with drums and trumpets and the standard of the Holy Office, followed by all the familiars and officials of Barcelona, and making public proclamation in the customary places. The next day, Sunday, the Edict of Faith was read and on Monday they commenced their functions. Of the Catalan inquisitors, Pla died within a few days and Ferran was arrested at night as were many others, some of whom were sent to France and others were deported to Majorca. Apparently their official acts were not recognized, for familiars of their appointment continued for some years to apply for reinstatement.[1158]

CATALONIA

No sooner was the tribunal re-established than the old troubles recommenced. Abuses must have been flagrant to call forth from Philip, June 2, 1661, a cédula ordering the exact observance of the Concordias and restraining the excessive use of excommunication.[1159] The quarrels which arose were prolonged and complicated by every possible device. On February 15, 1664, Juan Matheu, actual receiver and acting alguazil mayor of the tribunal, was murdered. On most slender suspicion, the next day, it arrested Joseph Guimart and Joseph Massart; the Audiencia claimed the case and the tribunal refused to enter into a competencia until the Banch Reyal threatened the inquisitors with banishment. Then they averted the preliminary conference by questions of etiquette, repeatedly disregarding the orders of the Suprema, until the intervention of the queen-regent enforced obedience. The conference was at last held and the papers were transmitted to the Suprema and Council of Aragon to decide as to the jurisdiction. While this was pending, the inquisitors started another trouble. They had confined the prisoners in the secret prison as though guilty of heresy. This was a grievous hardship and the queen ordered them transferred to the common prison; the inquisitors reported that this had been done and then, on pretext of information as to a plot to escape, brought them back to the secret prison. When the Suprema heard of this it wrote in a tone of mingled anger and fear, lest it should be discovered by the Council of Aragon; the prisoners must be moved back again; the affair had become too important, the Council of Aragon had made too many efforts and the queen imputed it all to the Suprema as they would see by her enclosed order. Then the competencia was suspended by the escape of the prisoners, March 9, 1666, and the last we hear of the matter is their negotiation for a pardon, in 1668, on terms of which the viceroy advised the acceptance, in order to avoid decision of the competencia. It was doubtless so settled, for competing jurisdictions had brought the administration of justice into such shape that it was better to let criminal accusations remain untried than to decide between the rival claims.[1160]

These quarrels were not merely occasional but were continuous and perpetual. A letter of June 18, 1667, happens to mention that there were then four or five competencias delayed by the question whether in the conferences the royal judge should bring his own notary.[1161] Perverted ingenuity was constantly devising new points over which strife could be created. Prisoners on trial in the royal gaols were sometimes borrowed by the tribunal to be prosecuted for blasphemy or other trivial offence against the faith. In 1666 a case of this kind gave rise to a question as to the exact form of receipt to be given for the body of the culprit, when it was pushed to such a point that the Suprema ordered the excommunication of all the judges of the Audiencia, and the Council of Aragon complained to the queen-regent about the oppressive abuse of censures and asked her to provide that for the future the mutual obligations of the two tribunals should be equal and reciprocal.[1162]

CATALONIA

When the Inquisition took such pains to make itself detested, one is scarce surprised to learn, from a complaint of the Suprema in 1677, that in Barcelona it had so fallen in public esteem that it was able to procure but one familiar and that the alguazil mayor had asked to be relieved from carrying his wand of office, for no noble was willing to be seen walking with him when he bore it.[1163] This hostility it continued carefully to cultivate. In December, 1695, the Diputados and judges addressed to Carlos II a complaint of the multiplied excesses of the tribunal, which trampled on the laws and liberties of the land, causing such scandals that they could no longer be endured in silence. This had been especially the case since Bartolomé Antonio Sans y Muñoz had been inquisitor, whose methods can be appreciated by a single example. Captain-general Marquis of Gastañara, had imprisoned a Frenchman named Jaime Balle, on a matter of state, Spain being at the time at war with France, with strict orders to keep him incomunicado. Muñoz suddenly demanded an opportunity of taking testimony of him. Gastañara was absent and no one had authority to violate his instructions, but the regent of the royal chancery and the gaoler offered, if Muñoz would declare it to be a matter of faith, to endeavor to find some means of compliance. This assurance he refused to give, even verbally, and he threatened the regent with excommunication. The Audiencia invited him to a conference, which he refused and it then cited him before the Banch Reyal, with the customary warning of banishment and seizure of temporalities. Muñoz responded, December 29th, with a mandate to the regent ordering him, under pain of excommunication, to allow the deposition of the prisoner to be taken and he followed this, within an hour, with an excommunication published in all the pulpits and affixed to all the church-doors. The next day this was re-aggravated and the regent was publicly cursed with the awful anathema formulated for hardened and impenitent sinners. The Audiencia rejoined with the decree of banishment and seizure of temporalities, under the customary term of fifteen days. The tribunal answered this with a threat of interdict on the city; it convoked all the superiors of the religious Orders and arranged with the clergy for a great procession when it should take its departure. It kept its doors closed and even refused to receive the messengers of Gastañara, who had hastened back to Barcelona, but he delayed further action until he should communicate with Madrid and receive the royal orders. When they came, on January 11, 1696, he was at Montealegre, a couple of leagues from the city; they were sent to him by a special courier and he returned the next morning and made secret arrangements for their execution. At 2 P.M. he sent word to Muñoz that he wished to see him on the king’s service. At 4.30 P.M. Muñoz came, bringing the fiscal with him. A scrivener was introduced who read to him the king’s order, which he said he was ready to obey. Gastañara told him that he must start at once; a coach was at the door to which he was escorted with all honor; lackeys with flambeaux were ready and a guard of twenty-five musketeers. Gastañara gave him money and he was provided with all comforts, even to a courteous gentleman as a companion to enforce all proper respect for him. As he was leaving the palace, his violent temper burst forth in regrets that he had not been allowed time to cast the interdict on the city. He was driven to the embarcadero, placed on board a vessel that had been made ready and was conveyed to the nearest Valencian port. It is symptomatic of Spanish conditions that in war-time the captain-general was obliged to abandon all other duties and devote a day to kidnapping a troublesome priest, and this is emphasized by the fact that the inquisitor-general rewarded the conduct of Muñoz by appointing him to one of the most desirable tribunals of Spain.[1164] Possibly this affair may have influenced Carlos II in reissuing, in 1696, his father’s injunction of 1661 to observe the Concordias exactly and to be more sparing of excommunications.[1165]