A History of the Inquisition of Spain; vol. 2

by Henry Charles Lea

CHAPTER I.
THE INQUISITOR-GENERAL AND SUPREME COUNCIL.

THE superior efficiency of the Spanish Inquisition was largely due to its organization. The scattered subordinate tribunals, which dealt directly with the accused, were not independent, as in the old papal Inquisition, but were under the control of a central head, consisting of the inquisitor-general and a council which, for the sake of brevity, we have called the Suprema. It has been seen how Ferdinand and Isabella, after a few years’ experience, obtained from the Holy See the appointment of Torquemada as inquisitor-in-chief with power of delegating his faculties and of removing his delegates—a power which gave him absolute control. At first the commission of the inquisitor-general was held to require renewal at the death of the pope who issued it, although, in the old Inquisition, after considerable discussion, it was decided, in 1290, by Nicholas IV, in the bull Ne aliqui, that the commissions of inquisitors were permanent.[411] This formality was subsequently abandoned and, towards the close of the sixteenth century, the commissions were granted ad beneplacitum—during the good pleasure of the Holy See—and this continued until the end.[412] Similarly there was a question whether the powers of the inquisitors lapsed on the death of the inquisitor-general. When Mercader of Aragon died, in 1516, the Suprema, in conveying the news to the tribunals, instructed them to go on with their work; in some places the secular authorities assumed that they were no longer in office, a royal letter had to be procured to prevent interference with them, and, when Cardinal Adrian was appointed, he confirmed their faculties.[413] It became customary for each new inquisitor-general to renew the commissions on his accession, but as there frequently was a considerable interval, the question arose whether, during that time, all the acts both of the Suprema and the tribunals were not invalid. In 1627 it was concluded that they held delegated power directly from the pope and not from the inquisitor-general, so that their faculties were continuous.[414] This was a forced construction, somewhat derogatory to the authority of the inquisitor-general, and was upset in 1639, when the Suprema decided that the inquisitor-general could confer powers only during his own life and therefore each one on his accession confirmed the appointments of all officials during his pleasure, which continued to be the formula employed.[415] This left open the question of the interregnum, which seems to have been somewhat forcibly settled by necessity, as when Giudice resigned in 1716 and his successor, Joseph de Molines, was serving as auditor of the Rota in Rome. The Suprema, in notifying the tribunals of his appointment, told them that, until his arrival in Madrid, they were to continue their functions.[416]

THE SUPREMA ACQUIRES POWER

As regards the Suprema, it would appear at first to have been merely a consultative body. I have already alluded to the case in which Torquemada ferociously overruled the acts of the tribunal of Medina del Campo, acting autocratically and without reference to the Council, as though it had no executive functions. Neither had it legislative powers. The earlier Instructions were issued in the name of the Inquisitor-general and, when he desired consultation and advice in the framing of general regulations, he did not confer with the Council, but assembled the inquisitors and assessors of the tribunals, who discussed the questions and formulated the rules of procedure, as in the Instructions of Valladolid, in 1488.[417] The crown, in fact, was the ultimate arbiter for, in the supplementary Instructions of 1485, inquisitors were directed, when doubtful matters were important, to report to the sovereigns for orders.[418] It was the inquisitor-general also who held the all-important power of the purse. The instructions of Avila in 1498, still issued in the name of Torquemada, fix the salaries of all the officials of the tribunals and add that, when the inquisitors-general see that there is necessity or especial labor, they can make such ayudas de costa, or gratuities, as they deem proper.[419]

It was inevitable, however, that the Council should acquire power. Torquemada was aging and, although at this period the tribunals acted independently, convicting culprits and holding autos de fe at their discretion, yet he held appellate jurisdiction, which doubtless brought a larger amount of business than he could attend to individually, in addition to his other functions. Cases also must have been frequent in which the consultas de fe, or juntas of experts called in to assist in pronouncing judgement, were not unanimous, or where there were doubts which the local judges felt incompetent to decide. Thus we are told that, in the gathering of inquisitors at Valladolid, in 1488, there was full discussion as to the difficulties arising from the incompetence or insufficient number of the consultors, and it was resolved that when there was doubt or discordia (the technical name for lack of unanimity) the fiscal of the tribunal should bring the papers to Torquemada, who would refer them to the Suprema or to such of its members as he might designate—thus indicating how completely its powers were derived from him and how subordinate was its position.[420] As Torquemada grew more infirm, even though four colleagues were adjoined to him, the importance of the Suprema increased, as is seen in the 1498 Instructions of Avila, where this provision wears the altered form that when difficult or doubtful questions arise in the tribunals, the inquisitors are to consult the Suprema and bring or send the papers when so ordered.[421]

INQUISITOR-GENERAL AND SUPREME COUNCIL

When Torquemada passed away, in the absence of his vigorous personality, the Council rapidly became a determining factor in the organization. In 1499 and in 1503, instructions of a general character, although signed by one inquisitor-general, also bear the signatures of two or three members of the Council and are countersigned by the secretary “por mandado de los señores del consejo.” A decree of November 15, 1504, although signed by Deza alone, bears that it is with the concurrence, opinion and vote of the Council.[422] It was also assuming the appellate jurisdiction, for it announced to inquisitors, January 10, 1499, that, if any parties came before it with appeals, it would hear them and administer what it deemed to be justice.[423] If papal confirmation of this were lacking it was supplied by Leo X, in his bull of August 1, 1516, in which he conferred on members of the Council, in conjunction with the inquisitor-general, power to act in all appeals arising from cases of faith.[424]

The death of Ferdinand, January 23, 1516, the preoccupations of Ximenes who, till his death in November, 1517, was governor of Spain, and the youth and inexperience of Charles V, gave the Suprema an opportunity of enlarging its functions. We find it regulating details and giving instructions to the tribunals much after the fashion of Ferdinand himself.[425] This was facilitated by the fact that it had a president of its own who, during vacancies, acted as inquisitor-general, a practice apparently commenced in 1509 when Ximenes, on the eve of his departure with his expedition to Oran, was required by Ferdinand to appoint the Archbishop of Granada, Francisco de Rojas, president of the Council during his absence.[426]

THE SUPREMA HAS A PRESIDENT

The Suprema, with a permanent president of its own, was evidently well fitted to encroach on the functions of the inquisitor-general and, as policy varied with regard to this presidency, it is perhaps worth while to follow such indications as we can find with regard to it. In 1516 Martin Zurbano was president of the supreme Councils of both Castile and Aragon and, in the interval between the death of Mercader and the accession of Cardinal Adrian, he acted as inquisitor-general of Aragon.[427] In 1520, when Charles at Coruña was departing from Spain, he appointed Francisco de Sosa, Bishop of Almería, as president. In 1522, Cardinal Adrian on August 5th, the day of his departure from Tarragona for Rome, appointed Garcia de Loaysa, the future inquisitor-general, president of the Councils of both Castile and Aragon.[428] It was inevitable that questions should arise as to the comparative standing of such an official and the inquisitor-general. Sosa, as president, had a salary of 200,000 maravedís, while Adrian as inquisitor-general had only 150,000, the same as the other members of the Council.[429] This implied superiority and it was evidently necessary to enforce subordination as when, in 1539, Cardinal Tavera was made inquisitor-general and Fernando Valdés president, the latter was told that he was not in any way to modify the orders of the former. So when, in 1549, Valdés succeeded Tavera and Fernando Niño, Bishop of Sigüenza, became president, Charles V wrote to him from Brussels, March 26th, that he was to obey the instructions given to Valdés on his accession.[430] It was doubtless found that this duplicate headship led to trouble, and the position of president was allowed to lapse for, in 1598, Páramo tells us that the inquisitor-general was president.[431] In 1630 Philip IV proposed to revive it under the title of governor of the Suprema, but the Council protested, arguing that it had from the beginning functioned successfully without such a head; if the office had no special prerogatives, it would be superfluous; if it had, there would be collisions with the inquisitor-general; in either case, the innovation would be regarded by the public as evidence that the Council needed improvement.[432] This may have postponed but did not prevent the creation of the office for, in 1649, we find a president acting.[433] It was probably soon discontinued for, in some lists of members about 1670, none is designated as president and if, in 1815, there is one found occupying the seat of honor as dean, he was probably only the senior member.[434]