The inquest was then given up, and Perez demanded his liberty on his parole, or at least on giving security; this was refused by the regent: he then appealed to the privileges of the kingdom against force, before the tribunal of the chief justice, who did not show him more favour.
It appears that Perez then, with his companion in misfortune, Juan Francis Mayorini, formed a plan to escape into Bearn. Their design was discovered at the moment they were about to execute it, but Perez conducted himself with so much address, that he reduced his part in the transaction to a simple suspicion.
The deposition of the witnesses before the regent furnished the Inquisition with a pretext to prosecute Perez; this event was agreeable to the Court, because no means to prolong the inquest could be invented.
On the 19th of February, 1591, the regent wrote to the inquisitor, Molina, that Perez and Mayorini intended to escape from prison to go to Bearn, and to other places in France, where the heretics resorted, with intentions which would be proved by the declarations of witnesses.
The proof mentioned in this letter is an attestation, without date, given by the notary, Juan Montañes, into which had been copied the 8th chapter of the first additions and the 5th of the second, which had been made to the principal charges against Perez by the royal fiscal, and the depositions which had been obtained from Juan Louis de Luna, Anton de la Almuñia and Diego Bustamente. In these chapters an attempt had been made to prove, "that Antonio Perez and Juan Francis Mayorini intended to escape from confinement, saying that they intended to go to Bearn, to Vendome and his sister[70], and to other parts of France, where they would find many heretics inimical to his majesty; that he hoped to be well received, because Perez knew a great many state secrets which he could communicate to them; that they had added to this discourse many expressions criminal and offensive to the majesty of the king, and that they were resolved to do him as much harm as they could." I should not have believed that such depositions would have been sufficient to denounce Perez to the Inquisition as guilty of heresy, if I had not seen the writings of the trial.
We may be permitted to suppose, from what passed at Madrid, and the commencement of the inquest which threatened Perez with capital punishment, that the accusation of heresy was a stroke of policy of the agents of the king. They did not dare to present the depositions they had obtained as being decisive, but they hoped that when the holy office began the trial of their victim, the charges would be multiplied.
The inquisitors of Saragossa were Don Alphonso Molina de Medrano, and Don Juan Hurtado de Mendoza: the one was the cousin of the Marquis d'Almenara, and the other an intriguing and immoral man, who wished to obtain a bishopric at any price. For this reason the marquis placed more confidence in him than in his cousin, who was less learned, and too good to become a persecutor. In fact, Don Juan avoided, as much as possible, taking any part in this transaction, and even obtained leave to remove to another tribunal. Molina received the letter of the regent, and the depositions which accompanied it; but instead of communicating them to the tribunal, he sent them by the first courier to Quiroga, the inquisitor-general. The Marquis d'Almenara gave information of the event to the Count de Chinchon, who communicated it the king; after having consulted the cardinal, Philip commanded him to take proper measures to prove the heresy of Perez, and to punish him accordingly. On the 5th of March, Quiroga ordained that Molina alone should receive the depositions; that the inquisitors should examine them without the concurrence of the diocesan and consultors, and send them immediately to Madrid.
On the 20th of March ten witnesses were examined: Diego Bustamente, the servant of Perez, and Juan de Basante, a teacher of Latin, who often saw him in prison, quoted sentences which, in the original, did not prove anything against him, but which, on being separated from the others, had a meaning which gave an appearance of justice to the measure employed.
The tribunal remitted the information to Quiroga, who sent it to Fray Diego de Chabes, who qualified four propositions imputed to Perez, and one to Mayorini.
The latter was reduced to some indecent oaths, used by Italians, which had escaped Mayorini in losing at play, and were qualified as heretical blasphemies; this was sufficient to authorize his imprisonment.