Pérez had already drawn up a memorial replying to the charges, in which he observed considerable reticence. Now he threw off all reserve and prepared another, fortified with documents exposing Philip’s share in the tragedy, and representing himself as undergoing ten years of persecution in reward for faithful service. Philip asked Batista de Lanuza, a lieutenant of the Justicia, to send him a copy of the memorial with his opinion as to the result. Lanuza in reply said he expected an acquittal, whereupon Philip withdrew the prosecution on the grounds that it would reveal matters not proper for publication, declaring at the same time that Pérez had committed crimes as great as any subject could and he reserved the right to prosecute him elsewhere. The Justicia, however, continued the case which resulted in acquittal. Then an accusation was brought that Pérez had poisoned his astrologer, Pedro de la Hera, and his servant Rodrigo de Morgado, but these charges were easily refuted and again he was acquitted. Then an attempt was made under an Aragonese law permitting inquisitio or inquest, in accusations of officials by the king, and he was prosecuted for misfeasance in office, but he proved that he had served Philip as King of Castile, not of Aragon, and that he had already been tried and punished for the alleged offences, so this also failed. The principal object of these successive actions was to prevent his discharge from prison, but they had the effect of heightening the popular enthusiasm for Pérez, whose cause became identified with the preservation of the fueros.

As a last resort, when all legal processes were exhausted, recourse was had to the Inquisition. For this some charge involving the faith was necessary and the first suggestion was an assumed attempted flight to the heretics of Béarn. A safer base of operations, however, was devised by Almenara, who won over by bribery an old servant, Diego Bustamente and a teacher named Juan de Basante in whom Pérez had the fullest confidence. In explosions of despairing wrath, they said, he had uttered expressions indicating disbelief in God and blasphemous rebellion against His will. We have seen how much of inquisitorial activity was directed against more or less trivial ejaculations of the kind, and it was strictly in rule to act upon such denunciations. It mattered little on what grounds the Holy Office might obtain possession of him; once in its hands, he would be conveyed, openly or secretly, to Castile, where his fate was certain and, before the dreaded words “a matter of faith” all barriers were vain.

ANTONIO PEREZ

Inquisitor Medrano put the testimony in proper shape and forwarded it to the Suprema. Philip ordered that Fray Diego de Chaves should be the sole calificador and he, within twenty-four hours, pronounced the expressions to be heretical. On the strength of this, Inquisitor-general Quiroga and the Suprema, on May 21, 1591, issued orders for the arrest of Pérez and his confinement in the secret prison for trial.

This was hurried to Saragossa, where it was received on the 23d, and on the 24th, the three inquisitors, Medrano, Mendoza and Morejon, issued a warrant of arrest, which was presented at the prison of Manifestacion and was refused obedience. The tribunal then sent, between 9 and 10 A.M., to the lieutenants of the Justicia a mandate, under the customary penalties, requiring the surrender in spite of the pretended right of manifestacion, which was abolished in matters of faith. This could not be evaded and the officials of the Justicia were sent to the prison with orders to deliver Pérez to the alguazil of the tribunal. He was put in a coach and driven to the Aljafería, a short distance beyond the gates, where the Inquisition had its seat.

Two servants of Pérez carried the news to Diego de Heredia and Gil de Mesa, who assembled their friends and sallied into the streets, with the cry, Contrafuero! Viva la libertad y ayuda a la libertad!—the cry which, under the law, could only be raised by order of the Justicia and which, as we have seen, summoned every citizen to come in arms and defend the liberty of the land. The tocsin of the cathedral was tolled and the city rose. Under the leadership of nobles and gentlemen, a part of the mob rushed to the dwelling of the hated Almenara. The Justicia, Juan de Lanuza, with his two sons and his officials, endeavored to protect him, but the door was battered in; he refused to fly, but allowed himself to be conducted to prison, on the promise of the mob to spare his life, but he was attacked on the way and, when the prison was reached, it was with injuries of which he died within a fortnight.

The other section of the populace hastened to the Aljafería and demanded the restoration of Pérez and of his friend Francisco Majorini, who had been included in the prosecution and surrender. Don Pedro de Sesé is said to have brought four hundred loads of wood with which to burn the castle in case of refusal, and the situation was menacing in the extreme. The Viceroy Bishop of Teruel came and urged the inquisitors to compliance. The Archbishop Bobadilla wrote three notes, in increasing desperation—his palace and that of the Justicia would be burnt that night if Pérez were not given up. For five hours the inquisitors resisted this pressure, but finally they yielded, though even then they safeguarded their authority with an order that Pérez’s place of confinement should be changed from the secret prison to that of the manifestados. At 5 P.M. the prisoners were delivered to the Counts of Aranda and Morata, with a protest that the trial would be continued. Pérez was conveyed back in a coach to his former prison; the people could not see him and were not satisfied until the viceroy made him stand up and show himself, when they shouted that he must appear at a window thrice daily to prove that no wrong was done him in violation of their liberties and fueros.

There was a tradition that Queen Isabella had once expressed a wish that Aragon would revolt, so that an end could be put to the fueros which limited the royal power. Such an opportunity had now come and Philip was not a sovereign to neglect it. Cabrera relates that, when he lay sick at Ateca and the Count of Chinchon brought him the news, he rose at once from bed, had himself dressed and commenced sending despatches in all directions, ordering the levy of troops. He also wrote to the towns of Aragon and to the nobles, protesting that he meant no violation of their privileges, and the answers encouraged him greatly, for they condemned the troubles at Saragossa and proffered their services. The Inquisition, moreover had opened to it an enlarged field of operations, for which it had abundant justification. Already, on June 4th, the Council of Aragon presented a consulta, calling attention to the impeding of its action, in the threatening of the inquisitors and the killing of a servant of one of them; they should therefore commence to take testimony and arrest the culprits, one by one, who should be relaxed; in such a matter of faith the nobles could not plead privilege and there could be no manifestaciones and firmas.

ANTONIO PEREZ

Work to this end was commenced at once in Madrid. Anton de Almunia, who had testified against Pérez, had fled thither with a tale of the threats uttered against him to force him to revoke his evidence. This was a crime against the Inquisition and Pedro Pacheco, Inquisitor of Aragon, was deputed to take his deposition; the investigation widened; all the refugees from Aragon and enemies of Pérez were heard and it was shown that the instigators of the troubles aimed at transferring Aragon to France or to found a republic, and in this were implicated the Diputados of the kingdom, the jurados of Saragossa and the gentlemen who favored Pérez, including the Duke of Villahermosa, who was the head of Aragonese nobility and the Count of Aranda, the richest and most powerful noble. Even Inquisitor Morejon, who had not been as zealous as his colleagues, was laid under suspicion. As a preparation for the impending struggle, the Saragossa tribunal, under orders from Madrid, published, on June 29th, in all the churches, an edict embodying the savage bull Si de Protegendis of Pius V, concerning impeders of the Inquisition, in virtue of which all persons were called upon to aid it, not only in the matter of Pérez but of all others. This created intense excitement; an armed mob assembled in the plaza of the cathedral and discussed whether they were included in the papal censures and if so what remedies should be tried to preserve their liberties, while multitudes sought their confessors and asked to be absolved from the ipso facto excommunication incurred. The Diputados complained to the king and to Quiroga of this stirring up of trouble, when every effort was required to maintain quiet, but they only received from the king a reply thanking them for their zeal for peace.