The trial having been commenced more than two years after the arrest of the archbishop, he was at last permitted, in consequence of an order from the king, to choose four advocates: these were Doctor Martin d'Alpizcueta, known by the name of Doctor Navarro; Don Antonio Delgado, canon of Toledo; Doctor Santander, archdeacon of Valladolid; and Doctor Morales, an advocate of the Chancery. The two first of these lawyers were allowed to see the archbishop, but the writings of the trial were not communicated to any of them, consequently it was impossible for them to demonstrate the insufficiency of the proofs of the charges brought against him by the witnesses. It is true that the answers of Carranza were decided and conclusive.
The unqualified works of Carranza, and even some of those which had been examined, were confided to Fray Diego de Chabes, who had been the confessor of Don Carlos, and afterwards of the king; to Fray Juan d'Ybarra, and to Fray Rodrigo de Vadillo, and Fray Juan de Azoloros, who were afterwards the bishops of Cephalonia and the Canaries. These qualified as heretical some propositions contained in works not written by Carranza, but found among his papers; others were qualified as approaching to heresy, and likely to cause it; and the author was declared to be violently suspected of being an heretic. The edicts condemning the Catechism, and the Explanation of the Canonical Epistle of St. John, had been already published.
The Council of Trent having been convoked for the third time, Valdés feared that the Fathers might take notice of the affairs of Carranza, and he persuaded the king that it was important to the rights of the crown to prevent them from taking cognizance of the trial. Philip had appointed the Count de Luna to be the ambassador to the council, and on the 30th October, 1562, he sent him instructions, in which he says, that he has been informed that it was intended to form a general index of the prohibited books contained in the index of Paul IV., which had occasioned much expostulation. The king added, that he could not allow this measure to extend its influence into Spain, which had an index, and particular regulations; that this exception might also apply to other Christian countries, since books, which were dangerous in one, might not be so in others. The king commanded his ambassador to oppose such a resolution in the council, because he could not receive into Spain books approved by the council which had been prohibited in that kingdom, and some persons suspected that this project concealed particular views; that he had already commanded his ambassador at Rome, and the Marquis of Pescara, to use every effort, consistent with prudence, to baffle the scheme.
These instructions show very plainly that the Court of Madrid were afraid that the Council would approve the Catechism of Carranza, and the explanation of St. John, which had been prohibited in Spain. The fathers, who were displeased to see the proceedings so long in the hands of the inquisitors, addressed several remonstrances to the Pope against them and the King of Spain, and even refused to open the letters which that prince wrote to them, until he had atoned for the offence committed against the episcopal dignity, in the person of one of its members. At last the fathers declared that they would not assemble, unless his Holiness did not cause the proceedings, and the person of the archbishop, to be sent to Rome. The Pope had just prolonged the period destined for the trial (which would otherwise have expired on the 7th of January, 1568); he however replied that he would write to Philip, to demand that the Archbishop of Toledo and the writings of his trial should be sent to him; and to prove how much he wished to satisfy the fathers, he sent this letter by Odescalchi, to whom he gave the title of nuncio extraordinary.
On the 15th of August following, Philip replied, with an energy unusual to him, that he was very much surprised that the Fathers of the council occupied themselves with particular affairs, instead of those which concerned religion in general; that the imperative dispositions of the brief presented by the nuncio were contrary to the rights of his sovereignty and the honour of his person, and that he hoped his holiness would not take it ill, if he did not order it to be published, and continued the trial. The Pope feared to irritate Philip, who was already offended that the ambassador of France had obtained the precedence, and therefore he granted the delay requested by that prince; at the same time, he charged the cardinal-legate, president of the council, to pacify the fathers, promising to do what they desired when the process was instructed. His Holiness also commanded that the archbishop should be treated with as much gentleness as was consistent with the proceedings.
The resolution of the Pope appeased the fathers of the council for the present; but they soon began to discuss an affair equally displeasing to the King of Spain. The bishops and theologians commissioned to examine books, pronounced the doctrine of the Catechism of Carranza to be Catholic. They communicated their decision to the Archbishop of Prague, who was president of the congregation of the Index, who, together with the theologians composing it, approved the Catechism, and resolved to send an act of their approbation to Carranza, that he might make use of it in his defence. The decree of approbation was to be confirmed by the general assembly, but violent measures were employed to prevent it. The Pope permitted the Catechism to be printed at Rome on the 26th of June.
The Spanish ambassador, the Count de Luna, vehemently protested against this resolution; he said that, as the Catechism was prohibited by the Inquisition of Spain, it was an insult to his master and the Supreme Council to declare it orthodox, and he demanded that the decree of the congregation should be revoked. Don Antonio d'Augustine, Bishop of Lerida, was a member of the congregation of the Index, and had not been present on the 2nd of June, when the members approved the Catechism. This circumstance induced him to support the Count de Luna. His enmity to Carranza, and his desire to please the king, made him go so far as to say that the congregation approved heresies, since the Catechism contained them. The Archbishop of Prague, anxious to defend his honour and that of his colleagues, addressed to the papal legates a formal complaint against the Bishop of Lerida, demanding in their names and his own a public reparation for the injury they had received, and protesting that if it was refused, they would not attend the assemblies. The cardinal succeeded in reconciling the two parties, by proposing to maintain the decree of approbation, but to forbid a literal copy to be given, and to commission the Count de Luna to obtain that which had been already remitted to the agent of Carranza, on the condition that the bishop made a public apology to the congregation, and one in private to the president. The bishop complied, and the Count de Luna, by his entreaties and promises, at last succeeded in obtaining the decree which the agent had received; but he had already sent an authenticated copy into Spain[66].
Philip II., on the 3rd of August, wrote to the Count de Luna, complaining bitterly of all that had occurred, and charging him to represent to the Pope and the Council, that this resolution was the effect of an intrigue which tended to favour particular views, as injurious to the Pope as to himself, and to give the authors of the decree to understand that they could not expect to succeed in causing the trial to be transferred to Rome, as the king would never permit it.
On the 26th of October, the Count de Luna wrote to his master, informing him of all that he had done. He said that after he had received his instructions, he endeavoured to suppress the commission for the examination of books, or to render their decrees concerning books prohibited in Spain null and void; that the cardinal legates had assured him that it was impossible to grant his request, because the commission was the work of the council, and not of the Pope; that he must, therefore, apply to the general assembly, but that he must not expect to succeed, and the only thing that he could ask would be that the commission should not go beyond its powers.
The Count de Luna also said, that though the commission was formed to examine the book contained in the Index of Paul IV., a particular brief had been obtained from Pius IV. to extend the examination to the prohibited books of the other indexes of Christendom; that the affair concerning the Catechism of Carranza had been carried on unknown to the Bishop of Lerida, and to Doctor Pedro Zumel, canon of Malaga, commissary of the Inquisition; that in consequence, the Bishop of Lerida and the Bishop of Caba had appealed against the decree of the congregation, and demanded that it should be annulled; that he could still make a remonstrance in full synod, but that he found it necessary to renounce that intention, as it might be the occasion of great inconveniences[67]; and that the only cause for this event was that the Cardinal de Lorraine, the Archbishop of Braga, the Bishop of Modena, and several others, defended Carranza to the Pope.