A History of the Inquisition of Spain; vol. 3

by Henry Charles Lea

Clement died, September 25, 1534, and the struggle was renewed under Paul III, who referred the matter to a commission, and meanwhile suspended the pardon-brief but ordered that all prosecutions must cease, for an active episcopal inquisition had been organized, which continued its operations in spite of the papal commands. The commission reported in favor of the pardon-brief and of an Inquisition under limitations, with appeals to Rome. João refused to accept this, and a lull in the negotiations occurred, during which the nuncio della Rovere entered into a contract with the New Christians, dated April 24, 1535, under which they promised to pay to Paul III thirty thousand ducats if he would prohibit the Inquisition, confining prosecution to the bishops, who should be limited to ordinary criminal procedure; smaller sums moreover were provided for less desirable concessions. The curia honestly endeavored to earn the money, and made several propositions to João, which he rejected; then, on November 3d, a bull was solemnly published in Rome, renewing the pardon-brief, annulling all trials, releasing all prisoners, recalling all exiles, removing all disabilities, suspending all confiscations, prohibiting all future prosecutions for past offences, and enforcing these provisions by excommunication.[687]

In this Rome held that it had fulfilled its part of the bargain, but the New Christians thought otherwise; they declined to pay the full amount, and della Rovere was not able—at least so he said—to remit more than five thousand ducats. This parsimony came at an unfortunate moment. Charles V was in Rome, radiant with the glory of his Tunisian conquest, and warmly supporting the demands of his brother-in-law. The result of this was seen in a brief of May 23, 1536, which constituted an Inquisition on the Spanish model, except that for three years the forms of secular law were to be observed, and for ten years confiscations were to pass to the heirs of the convicts. Diogo da Silva was to be inquisitor-general, with the right of the king to appoint an associate. Diogo was solemnly invested with his office, October 5th, and the brief was published on the 22d.[688]

This probably taught the New Christians a lesson on the subject of ill-timed economy for a brief of January 9, 1537, addressed to Girolamo Recanati Capodiferro, a new nuncio appointed for Portugal, gave him complete appellate power, even to evoking cases on trial and deciding them, while a supplementary brief of February 7th authorized him to suspend the Inquisition. His instructions also required him to labor vigorously for the repeal of the law prohibiting expatriation, and this was emphasized by a brief of August 31st threatening excommunication and suspension for any interference with those leaving the kingdom to carry their grievances and appeals to Rome.[689] These appeals were a source of large profit to the curia, which sold at round prices absolutions and exemptions to all applicants; the tribunals threw all possible obstacles in the way of this traffic and it was important to Rome to keep open the course of the golden stream. At the moment it was of less interest to the New Christians, for Capodiferro was as venal as his predecessor and exploited his large powers to the utmost, selling absolutions and pardons for what he could get. As João asserted, in a letter of August 4, 1539, his scandalous traffic had rendered the Judaizers so sure of impunity that they sinned with audacity. While demanding his recall, the king sought to curb him by appointing his brother Dom Henrique, a young man of 27, to the vacant post of additional inquisitor-general. Henrique was Archbishop of Braga, a post which he resigned in favor of Diogo da Silva, who retired from the inquisitor-generalship, and Henrique remained, until his death in 1580, at the head of the Inquisition. At the moment the plan was of little avail, as Capodiferro treated him with imperious arrogance, and even called in question his powers owing to defect in age, and Paul III refused to confirm him.[690]

INQUISITION OF PORTUGAL

Paul yielded in so far to João’s urgency as to promise that Capodiferro should leave Portugal on November 1st. At the same time, as the three years were about to expire during which the Inquisition was restricted to secular procedure, he listened to the supplications of the New Christians and in the bull Pastoris æterni, October 12, 1539, he modified in many ways the inquisitorial process, so as to limit its powers of injustice and to provide ample opportunity of appeals to Rome. A leading clause was that witnesses’ names were only to be suppressed when grave dangers to them were to be apprehended. Through the treachery of a courier employed by the New Christians, this bull did not reach Lisbon until December 1st. Capodiferro delayed his departure until December 15th, and then left Lisbon without publishing it, because, as Mascarenhas the Portuguese ambassador reported, the New Christians refused to pay the extortionate price demanded for it. Mascarenhas intimates that the pope was privy to this, which is not unlikely, for Capodiferro was received with all favor. He and della Rovere were placed in charge of the affairs of the Portuguese Inquisition; he was soon afterwards promoted to the great office of Datary, and eventually reached the cardinalate. His nunciature had not proved as profitable as he had expected, for he lost fifteen thousand cruzados at sea, and brought with him to Rome only as much more. On his arrival in Portugal he had demanded of the New Christians two thousand cruzados to start with, and was regularly paid by them eighteen hundred per annum during his stay, and this in addition to his pardon traffic. There was nothing unusual in this. In 1554, Julius III, in a moment of wrathful candor, told the Portuguese ambassador that nuncios were sent there to enrich themselves as a reward for previous services.[691]

With the return of Capodiferro, after a little diplomatic sparring, Paul III dropped the whole question for nearly two years. João was quite content; the three years’ limitation to secular procedure had expired, the bull Pastoris æterni had not been published, the Inquisition had full swing, and its activity began to rival that of Spain. Its first auto de fe was celebrated in Lisbon, September 20, 1540, with twenty-three penitents and no relaxations and was speedily followed by others.[692] It is not until December 2, 1541 that Christovão de Sousa, then ambassador, refers to the New Christians who, he says, were earnestly at work to have another nuncio sent, and he had had a thousand discussions over it with the pope whose intention was fixed, because so many were burnt and so many thousands more were in prison. The New Christians offered to pay eight or ten thousand cruzados to the pope, and two hundred and fifty a month to the nuncio. At a subsequent audience, Paul said that the nuncio would have a salary of a hundred cruzados a month, to which the New Christians could add a hundred and fifty, thus raising him above the temptation of bribery, to which Sousa rejoined that this would convert him from their judge to their advocate. Then, on a later occasion, he read a remonstrance from the king so vigorous that the pope walked up and down the room, crossing himself and saying that it was the work of the devil. Sousa replied by dwelling on the misdeeds of preceding nuncios, and even offered to let the Inquisition be withdrawn if it would relieve the kingdom from the evil of a nuncio.[693]

INQUISITION OF PORTUGAL

Further discussion was abruptly terminated by an explosion. Miguel da Silva, Bishop of Viseu and minister of João, a man of high culture, had been ambassador at Rome in the time of Leo X, and had formed lasting friendships with the future Clement VII and Paul III. He had recently fallen into disfavor at court and was about to be arrested, when he fled and found refuge in Italy. João tried to entice him back with flattering letters, while employing, as Silva says, bravos to follow and assassinate him. Paul could wound the king in no more sensitive spot than by announcing, as he did on December 2, 1541, Silva’s appointment as cardinal. João’s rage was unbounded; he promptly deprived the new cardinal not only of his offices and temporalities, but of his citizenship, thus rendering him an outlaw and, on January 24, 1542, a special courier carried to Sousa peremptory orders to leave Rome as soon as he could present his letters of recall. His report of the manner in which this abrupt sundering of relations was received indicates that it gave rise to fears that Portugal was about to withdraw from the Roman obedience.[694]

This deprived the New Christians of such aid as they had purchased in Rome and left Henrique in peaceable possession of the inquisitorship, which he improved by establishing six tribunals—Lisbon, Evora, Coimbra, Lamego, Porto and Thomar—of which the first three remained permanent and the others were subsequently discontinued as superfluous.[695] On the other hand, Paul III persevered in his intention to inflict another nuncio on Portugal, and appointed to that post Luigi Lippomano, coadjutor-bishop of Bergamo. An intercepted letter of Diogo Fernandez, the Roman agent of the New Christians May 18, 1542, shows the anxiety with which his coming was awaited and throws light on their relations with the curia. He is expecting the money with which to pay the thousand cruzados to the nuncio, who demands it at once, although his orders were not to pay it until Lippomano was outside the walls of Rome. Every one is clamoring for money, until he is near losing his senses. He has agreed to pay a hundred and forty cruzados apiece for the pardons of Pero de Noronha and Maria Thomaz, which he sends, and asks for an immediate remittance. Then, on the 19th, he adds that he has that day been compelled to pay the thousand cruzados to the nuncio; he has raised the amount by giving security and, though he has disobeyed orders, he prays that the money be sent, as without it all their labor and expense would be wasted. A postscript on the 20th alludes to a general pardon which the pope had agreed to grant at a future time. People, he says, are wasting their money in getting special letters; the pope prefers that it should all be done in a general provision, to which all should contribute, and it is the most important of all things to accomplish. It would appear from the case of Antonio Fernandez of Coimbra that, when letters of exemption were obtained, the king promptly banished the recipients, who then procured fresh letters requiring the king to grant them safe-conducts and permission to sell their property, real and personal.[696]

João wrote to Lippomano not to come, and he persisted in this against the entreaties of Charles V. Nevertheless the nuncio set out, and we hear of him in Aragon in August, where he encountered the Portuguese treasurer sent to detain him. The latter was fully aware of the payment of the thousand ducats and of the monthly stipend, as to all of which the nuncio professed the most innocent ignorance, and he further stated that the intercepted letters showed that Cardinal Silva was to receive two hundred and fifty crowns a month to act as “protector” of the Jews. Nevertheless the treasurer was finally persuaded to write favorably to his master, and Lippomano resumed his journey towards Valladolid.[697] João refused to be placated. On learning that the nuncio had reached Castile he wrote ordering him to advance no further until he should hear from the pope, to whom, on September 18th, he addressed a vigorous letter, demanding that no nuncio should be sent to interfere with the Inquisition; he was not actuated, he said, by greed, for there was no confiscation, and indeed, from another source we have the assertion that the maintenance of the Inquisition was costing him ten or eleven thousand ducats a year.[698]