A History of the Inquisition of Spain; vol. 3

by Henry Charles Lea

Charles, in fact, the next year, at Saragossa, issued a pragmática ordering that, when the new converts incurred confiscation, the property should be made over to the legal Catholic heirs, without prejudice to the lords of the delinquents. The Inquisition, however, was equal to the occasion; it obeyed the law in the letter but not in the spirit, for, in 1547, the Córtes complained to the inquisitor-general that, in lieu of confiscation, the Saragossa tribunal imposed fines greater than the wealth of the penitents who, to meet them, were obliged to sell all their property and impoverish their kindred. To this the contemptuous answer was returned that if any one was aggrieved he could apply to the inquisitors or to the Suprema.[978]

In Valencia the contest was more prolonged. The Córtes of 1537 reiterated the old complaints and asked Charles to order the tribunals to obey the law, which he promised to do. The Suprema rejoined, in a consulta, that confiscation was the most efficient penalty for the suppression of heresy; the culprit could escape burning by reconciliation and, without confiscation, heresy would be unpunished. The Inquisition accordingly went on confiscating and, in 1542, under urgent complaints by the Córtes, Charles assented to a law that the dominium utile of the culprit should revert to the dominium directum of the lord and that the royal officials, under pain of a thousand florins, should put the lord in possession. The pope seems to have been appealed to, to make the Inquisition obey, for in a brief of August 2, 1546, which virtually suspended it, he decreed that for ten years, and during the pleasure of the Holy See, there should be neither fines nor confiscation in the case of Moriscos.[979]

Royal and papal utterances were alike in vain. In 1547, the Córtes renewed the complaint of the persistence of the Inquisition and introduced the new feature of asking that the inquisitor-general should join in signing the fuero, thus recognizing him as an independent power in the state. Prince Philip promised to obtain his signature, but it was not done. Again in 1552 and 1564 the same comedy was acted, but Philip’s promise in the latter year was neutralized by specific instructions of the Suprema, to the Valencia tribunal, to confiscate Morisco property, without regarding what the people might say about having a privilege against confiscation.[980]

VALENCIA

At length a compromise was reached. In 1537 the Córtes had suggested a payment to the Inquisition of four hundred ducats per annum in return for Morisco impunity from pecuniary penance, but the Suprema had refused the proposition as inadequate and as a disservice to God.[981] In 1571, negotiations were renewed, resulting in a royal cédula of October 12th, reciting that Inquisitor-general Espinosa had condescended to grant to the Moriscos of Valencia the articles presented by them. These provided that, in consideration of an annual payment of fifty thousand sueldos, or twenty-five hundred ducats, to the tribunal, the property of those contributing to it should be exempt from confiscation. Warning, moreover, was taken from the experience of Aragon, and fines were limited to ten ducats, but the aljamas of the culprits were responsible for their payment. It rested with the aljamas whether or not to come into the arrangement, but so many of them did so that thenceforth it was spoken of commonly as in force throughout Valencia.[982]

This suited the Inquisition as assuring it a settled income; it relieved the Moriscos from the ever-present dread of pauperism and the miseries of sequestration, and it gratified the nobles and churches by securing them from the alienation of their lands and the impoverishment of their vassals. To the rigid churchman, however, it was a compact with evil and an encouragement of heresy. Archbishop Ribera of Valencia protested against it, and Bishop Pérez of Segorbe, in 1595, advocated its revocation, but Philip II resolved that it should continue during the period agreed upon for the instruction of the Moriscos.[983]

The tribunal naturally took care to increase its assured income by exploiting to the fullest its remaining power of inflicting fines, and it did so with little regard to the limitation. In 1595, the aljamas complained of these infractions.[984] That such complaint continued to be justified would appear from the auto de fe of January 7, 1607, alluded to above (Vol. II, p. 395) where there were twenty fines of ten ducats each on Moriscos, of whom only eight were reconciled, besides other fines, one of twenty, one of thirty and one of fifty.

The table in the Appendix shows that, while the activity of the Inquisition seemed to diminish somewhat after the Concordia, towards the close of the century it increased greatly, there being two hundred and ninety-one cases in 1591 and a hundred and seventeen in 1592. The record furnishing these figures ends with 1592 and we have no means of ascertaining the work in the years which immediately follow, but the rigor of persecution continued. In the auto of September 5, 1604, there were twenty-eight abjurations de levi, forty-nine de vehementi, eight reconciliations and two relaxations—all Moriscos, except a Frenchman penanced for blasphemy. In that of January 7, 1607, there appeared thirty-three Moriscos, of whom one was relaxed, besides six whose cases were suspended, and in the trials torture was employed fifteen times.[985] The fluctuations in the number of cases can be accounted for by evidence occasionally enabling the tribunal to make a raid on some Morisco village when, as they were all Moors at heart, the whole community would be gathered in. Thus, in 1589 and 1590 the little settlement of Mislata, near Valencia, furnished a hundred cases and we are told that in the town of Carlet there were two hundred and forty households that observed the fast of Ramadan.[986]

In fact, as the Moorish faith of the Moriscos was notorious, the whole population was at the mercy of the Inquisition, and the comparative moderation shown by the records may perhaps be explained by a system of secret bribery or compositions whereby immunity was purchased. The possibility of this is suggested by a case which throws considerable light upon the manner in which the inquisitorial power was exercised.

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