A History of the Inquisition of Spain; vol. 2

by Henry Charles Lea

As a rule, inquisitors were prohibited from granting these commutations—the temptation to retain the proceeds was doubtless too great. In 1513 Ximenes, on learning that some inquisitors were doing so, forbade it for the future and reserved the right to the inquisitor-general.[1201] There were some exceptions however, especially in the case of distant tribunals, as in a commission granted to Sicily in 1519, to Navarre in 1520, and a limited one to Majorca in 1523.[1202] As a rule all applications were submitted to the Suprema, which gave the necessary instructions and directed the money to be remitted to it, or to be held subject to its order for pious uses.[1203] Its full realization of the financial possibilities of the matter is seen in instructions, in 1519, to Barcelona—and doubtless to the other tribunals—to report how many penitents were wearing sanbenitos and how much could be obtained from them for commutations.[1204] When conviction would bring not only confiscation but the prospect of another contribution from the kindred, it will be realized how great was the temptation to severity.

The “pious uses” for which the payments were ostensibly received were various. Doctor Arganda, Inquisitor of Cuenca, in rendering, May 9, 1585, a statement revealing a deficit in revenue, renewed a request of the month previous, that the Suprema would grant to the tribunal the commutations of Francisco Abist and Juan Joaibet, Moriscos; they were very old, had been sentenced ten years before, and would die Moors; therefore it would be well that the tribunal should have the benefit of the four thousand reales which they offered. The Suprema replied with an inquiry whether this was the utmost that could be obtained from them. Then on August 9th the inquisitor urged the acceptance of the offer, so that the money could be used for a much needed prison for familiars and other purposes, and reminded the Suprema that, in 1583, it had made a similar grant of commutations for a building.[1205] Another pious use was giving to Dr. Ortiz, when sent to Sicily as inquisitor, in 1541, certain commutations as part of his salary. They must have been considerable, for the fees accruing on them to Secretary Zurita amounted to fifty-five ducats.[1206] Still another pious use is indicated in an order from the Suprema, in 1549, to the tribunal of Granada, to commute the sanbenito of Catalina Ramírez into spiritual works and such pecuniary penance as she could pay for pious uses. The latter are explained, in an accompanying private note of instruction, to hold the money until the apparitor Cuebas marries his daughter, when he is to be aided with it. He evidently had petitioned for a “comutacion de abito” and it was accorded in this form.[1207]

COMMUTATIONS

These commutations, in fact, became a sort of currency in which favors were asked and granted, replacing, to some extent, the confiscations of an earlier period. Thus, in 1589, the Valencia convent of the new Discalced Carmelites of Santa Teresa petitioned for the grant of the commutations of certain sanbenitos and soon afterwards the Dominican convent made a similar request.[1208] The most usual pious work, however, for which they were ostensibly employed, was in assisting the redemption of captives. Yet this formula frequently covered other destinations, as in the case of Martin de Burguera of Calatayud, who was relieved of prison and sanbenito for fifteen ducats “para reducion de cautivos” and the ducats were simultaneously granted to Pedro Salvan, apparitor of the Saragossa tribunal.[1209] When the proceeds were really to be employed for the redemption of captives, precautions were taken to see that they were so applied. These are expressed, January 18, 1559, by Valdés to Horozco de Arce, Inquisitor of Sicily, when empowering him to grant commutations to four penitents, provided their sentences are not irremissible and they have completed three years of imprisonment, when, besides the money payment, there are to be simple penances of fasting, prayer and pilgrimage. The penitents are to be designated by Nicolas Calderon or his agent, who will bargain as to the amounts of payment, and the money is to be given to him for the ransom of his mother, sister and two nieces, on his furnishing good security that, within a term to be designated by the inquisitor, he will present them to the tribunal or refund the money.[1210] The condition in this, that the penalty commuted must not be irremissible, was not always observed. Such sentences, as we shall see, were reserved for cases of special guilt, but they yielded to the powerful solvent of money, a larger price presumably being demanded. Thus March 7, 1560, the Sicilian inquisitor was ordered to select some one who had served not less than nine years under such a sentence and commute it for the ransom of the wife of —— of Cibdadella.[1211]

Even the galleys, which were regarded as a much severer punishment than the “carcel y abito,” were commutable, though, as the prisoner was an incumbrance, while the galley-slave was useful and the supply was always deficient, we may infer that his commutation was held at a higher price. Condemnation to the galleys was also much less frequent than to the sanbenito, and of course was only inflicted on able-bodied men, so that cases of its commutation do not occur in such abundance. Yet they were sufficiently numerous to lead to complaint by the Suprema to Charles V, in 1528, that when it sent messengers to liberate those whose sentences were thus commuted, the commanders of the galleys refused to surrender them, whereupon Charles issued a cédula ordering their liberation under pain of two thousand florins.[1212]

COMMUTATIONS

Commutations for the galleys had various shapes. In 1543, Don Luis Muñoz, Lord of Ayodan, offered two slaves as substitutes for two of his Morisco vassals, Juan Maymon and Juan Muñoz, condemned to serve, the one for ten and the other for twelve years, of which three had elapsed and, after investigation to see that the substitutes were able-bodied, the bargain was closed. In 1547, Miguel Mercado obtained the remainder of his sentence to the galleys commuted to service on the French border, when presumably there was some money consideration.[1213] It is probable that commutations for money became too frequent for the good of the naval service, for in 1556 the Suprema strictly forbade them for the future, doubtless under royal command.[1214] This prohibition seems to have lasted for a considerable time, as the Spanish armada was greatly in need of men and we happen not to meet with cases until near the close of the century, when they reappear in the Valencia records. In 1590, Jusepe Gacet, a familiar condemned for the murder of his wife, obtained a commutation of his sentence. In 1596, a New Christian, Gaspar Moix, negotiated for release from the three years which he still had to serve and, after investigation into his means, it was fixed at seven hundred libras and a slave. Moix, however, on his liberation, found that his sanbenito was not included in the bargain and he had to pay a hundred libras more for its removal. In 1597, Onufre Quintana offered two thousand reales and a slave which were accepted. In the same year Miguel Saucer applied for a commutation, when the Suprema instructed the tribunal to ascertain what he would pay for it and the same answer was given, in 1600, to a similar petition from Jaime Cornexo.[1215] It is apparent from the high value set on these mercies that comparatively few convicts could afford their purchase.

Evidently the Suprema paid little heed to the instructions of Philip II to Manrique de Lara, in 1595, to be very cautious in granting dispensations for galleys, exile, reclusion and sanbenitos; there must be ample cause and no attention should be paid to prayers, and favors, for it was essential that sentences should be completely executed. This was repeated, with some amplification, by Carlos II, in 1695, showing that there was still occasion to restrain the Holy Office from bartering pardons for money.[1216]