A History of the Inquisition of Spain; vol. 2

by Henry Charles Lea

In a previous chapter it has been seen that of all the officials of the Inquisition those who occasioned the most frequent trouble and who aroused the most strenuous animadversion were the familiars. They were the most numerous, they were largely drawn from the turbulent element, seeking the position for the protection afforded against secular justice, and they abused their privileges accordingly. For more than two centuries they were an object of dread to all peaceable folk, and no stronger evidence can be furnished of the subjection to which the Inquisition had reduced Spain than the tolerance of this dangerous class, whose services were overpaid by the immunities which relieved the Inquisition from paying salaries.

In the medieval Inquisition the inquisitor had the right to surround himself with armed guards, whether to protect his person or to execute his orders. They were reckoned as members of his family, thence obtaining the name of familiars, entitling them to immunity from justice. They were dreaded and hated, not without reason, for the position was attractive only to the ruffian and brawler, nor was anything gained when, in 1213, the Council of Vienne warned inquisitors to be moderate and discreet in their use of the privilege.[798]

Of course the old Aragonese Inquisition enjoyed this prerogative and when the new institution was organized it inherited the right. This, moreover, was developed in an entirely novel manner, for the familiar was not attached to the person of the inquisitor. Appointments were made all over the land, the Inquisition thus obtaining, without cost, a small army of servitors, scattered everywhere, sworn to obedience and ready, at any moment, to perform whatever duty they might be called upon to render. They served, moreover, as spies upon their neighbors and were eager to manifest their zeal by volunteer action, for it was a commonplace of the canon law that the heretic could be arrested by any one.

It was impossible that such a class as this, released from the restraints of law, should not prove troublesome and even dangerous. Inquisitors appointed them at discretion, furnished them with licences to bear arms and turned them loose on the community. It would have been some slight protection if registers of these appointments had been kept, and the names of the appointees furnished to the magistrates, so that it could be known whether those who claimed immunity were entitled to it. It was impossible, however, to induce the inquisitors to do this. Ximenes and the Suprema ordered the names to be entered in a book and a copy to be furnished to the corregidors and Ferdinand, in a general order of July 11, 1513 emphasized this, but to no purpose and it was repeated endlessly with the same result.[799] The inquisitors steadily refused obedience, for it would have imposed some check upon multitudinous and indiscriminate appointments which had a recognized money value. The result of all this appears in a letter of Ferdinand, in 1514, to the inquisitors of Toledo, informing them that the royal and municipal authorities complained of the number of turbulent fellows, carrying licences signed by only one inquisitor, who went around in bands disturbing the peace and, if the civil magistrate endeavored to restrain them, the tribunal at once interposed, leading to dissensions between it and the ministers of justice, to the great injury of the city and its vicinity. Ximenes had already endeavored to check these disorders without success, and Ferdinand now insists that his orders must be obeyed, that all such licences must be signed by the three inquisitors, a record of them must be kept and a copy be furnished to the corregidor.[800]

The same troubles existed in the Aragonese kingdoms where, it will be remembered, the Córtes of Monzon, in 1512, endeavored to remedy them in the Concordia, by providing that for Aragon there might be twenty armed familiars in Saragossa, while in other towns, where the tribunal was in actual session, there might be temporary appointments, not exceeding twenty for the whole kingdom. Notwithstanding the acceptance of this agreement by Ferdinand, its confirmation in 1516 by Leo X, and its solemn ratification in 1520, it never received the slightest respect from the Inquisition, and its only interest lies in its proof of the popular anxiety for relief and that a very moderate number of familiars sufficed at a period of great activity in the work of the Holy Office.

FAMILIARS

The complaint was renewed, about 1530, by the Córtes of Aragon, that familiars were appointed in every place in the three kingdoms, and that no lists were furnished, so that the Inquisition could set free any offender by declaring him to be a familiar, to which Cardinal Manrique merely replied that no more were appointed than were necessary, and that the instructions were observed.[801] Again, in 1547, the Córtes of Catalonia declared that the abuse had been carried to a point that seriously limited the royal and ecclesiastical jurisdictions, and it requested that Barcelona should be restricted to fifty, with five each for the Catalan districts subjected to Valencia and Saragossa, and also that lists be furnished, but Prince Philip only answered that he would consult the Suprema and do what was fitting.[802] Of course nothing was done.

While thus the Suprema defended the tribunals against the public, it was constantly scolding them for their excesses and issuing orders to diminish the evil. A carta acordada of 1543 alludes to the excessive numbers of familiars, their turbulence and evil lives; they must be persons of good repute and the rest must be dismissed. In 1546 moderation in appointments was enjoined. When the Castile Concordia of 1553 was framed, instructions were issued for its strict observance; all not registered and reported to the authorities were not to be held as familiars. In 1560 and again in 1573, they were ordered to be married men, quiet, peaceable, limpios and not ecclesiastics; all others were to be removed. In 1562 the inquisitor of Majorca was rebuked for unnecessary appointments of turbulent and unfit men and for not giving a list to the magistrates. In 1566 lists were ordered to be given to the civil authorities and none not borne on them were to enjoy exemption. In 1573 instructions were issued requiring them to be householders and heads of families, residents of the place for which the commission was given and none to be appointed for uninhabited places. In 1578 it was ordered that appointments should only be made to fill vacancies. In 1586 a carta acordada commanded the number to be reduced to the provisions of the Concordia; the surplus must surrender their commissions and support themselves honestly, new appointments were restricted to quiet and peaceful men of good life and habits, and evidence of compliance with the order must be furnished.[803]

This brief summary could be largely extended, but its only interest lies in its showing that the Suprema recognized the evil and sought to abate it, while the tribunals paid no attention to its commands, secure in the assurance that it would defend them through thick and thin, whenever a question arose between them and the people or the authorities. Sometimes, indeed, continued pressure might induce temporary compliance but it was abandoned as soon as it appeared safe to do so.

A single instance will illustrate the tenacity and successful evasions of the inquisitors. Valdés wrote to the Valencia tribunal, March 12, 1551, that the excessive number of familiars interfered with its proper functions in consequence of the time required for their cases. They were to be reduced to a hundred in the city of Valencia; in towns of three thousand inhabitants the maximum was to be eight; in smaller places, if any were needed, the number was not to exceed four without notifying the Suprema. To effect this, all commissions were to be revoked and, if necessary, he revoked them. Instructions were given as to reappointments; every commission was to be signed by both inquisitors and countersigned by one of the notaries; the commissions were to be limited to two or three years so as to stimulate good behavior and lists were to be furnished to the Suprema.