History of the Inquisition of Spain. Henry Charles Lea

papal authority and had always been held completely independent of the secular power, but Ferdinand and Isabella were too jealous of papal interference in the internal affairs of their kingdoms to permit this, and it is an evidence of the extreme desire of Sixtus to extend the Inquisition over Castile that he consented to make so important a concession. There also was doubtless discussion over the confiscations which the wealth of the Conversos promised to render large. This was a matter in which there was no universally recognized practice. In France they enured to the temporal seigneur. In Italy the custom varied at different times and in the various states, but the papacy assumed to control it and, in the fourteenth century, it claimed the whole, to be divided equally between the Inquisition and the papal camera.[451] The matter was evidently one to be determined by negotiation, and in this too the sovereigns had their way, for the confiscations were tacitly abandoned to them. Nothing was said as to defraying the expenses of the institution, but this was inferred by the absorption of the confiscations. If it was to be dependent on the crown the crown must provide for it, and we shall see hereafter the various devices by which a portion of the burden was subsequently thrown upon the Church.

      NATURE OF THE PAPAL BULL

      The bull as finally issued bears date November 1, 1478, and is a very simple affair which, on its face, bears no signs of its momentous influence in moulding the destinies of the Spanish Peninsula. After reciting the existence in Spain of false Christians and the request of Ferdinand and Isabella that the pope should provide a remedy, it authorizes them to appoint three bishops or other suitable men, priests either regular or secular, over forty years of age, masters or bachelors in theology or doctors or licentiates of canon law, and to remove and replace them at pleasure. These are to have the jurisdiction and faculties of bishops and inquisitors over heretics, their fautors and receivers.[452] Subsequently Sixtus pronounced the bull to have been drawn inconsiderately and not in accordance with received practice and the decrees of his predecessors, which doubtless referred to the power of appointment and removal lodged in the crown and also to the omission of the requirement of episcopal concurrence in rendering judgment.[453] The creation of inquisitors was in itself an invasion of episcopal jurisdiction, which, from the earliest history of the institution, had been the source of frequent trouble, and where, as in Spain, many bishops were of Jewish blood and therefore under suspicion, the question was more intricate than elsewhere. With respect to this, moreover, it is observable that the bull did not confer, like that of Nicholas V, in 1451, jurisdiction over bishops in any special derogation of the decree of Boniface VIII requiring them, when suspected of heresy, to be tried by the pope.[454] Both of these questions, as we shall see, subsequently gave rise to considerable discussion.

      So far the anti-Semitic party had triumphed, but Isabella’s hesitation to exercise the powers thus obtained shows that the Conversos in her court did not abandon the struggle and that for nearly two years they succeeded in keeping the balance even. It is possible also that Ferdinand was not inclined to a severity of which he could forecast the economical disadvantages, for as late as January, 1482, a letter from him to the inquisitors of his kingdom of Valencia manifests a marked preference for the use of mild and merciful methods.[455] Whatever may have been the influences at work, it was not until September 17, 1480, that the momentous step was taken which was to exercise so sinister an influence on the destinies of Spain. On that day commissions were issued to two Dominicans, Miguel de Morillo, master of theology, and Juan de San Martin, bachelor of theology and friar of San Pablo in Seville, who were emphatically told that any dereliction of duty would entail their removal, with forfeiture of all their temporalities and denationalization in the kingdom, thus impressing upon them their subordination to the crown. Still there were delays. October 9th a royal order commanded all officials to give them free transportation and provisions on their way to Seville, where, as in the most infected spot, operations were to commence. When they reached the city they waited on the chapter and presented their credentials; the municipal council met them at the chapter-house door and escorted them to the city hall, where a formal reception took place and a solemn procession was organized for the following Sunday. They were thus fairly installed but apparently they still found difficulties thrown in their way for, on December 27, it was deemed necessary to issue a royal cédula to the officials ordering them to render all aid to the inquisitors.[456]

      COMMENCEMENT AT SEVILLE

      They had not waited for this to organize their tribunal, with Doctor Juan Ruiz de Medina as assessor and Juan Lopez del Barco, a chaplain of the queen, as promotor fiscal or prosecuting officer. To these were added, May 13, 1481, Diego de Merlo, assistente or corregidor of Seville, and the Licentiate Ferrand Yáñez de Lobon as receivers of confiscations—an indispensable office in view of the profits of persecution. All soon found plenty of work. The Conversos of Seville had not been unmindful of the coming tempest. Many of them had fled to the lands of the neighboring nobles, in the expectation that feudal jurisdictions would protect them, even against a spiritual court such as that of the Inquisition. To prevent this change of domicile a royal decree ordered that no one should leave any place where inquisitors were holding their tribunal, but in the general terror this arbitrary command received scant obedience. A more efficient step was a proclamation addressed, on January 2, 1481, to the Marquis of Cadiz and other nobles by the frailes Miguel and Juan. This proved that no error had been made in the selection of those who were to lay the foundations of the Inquisition and that a new era had opened for Spain. The two simple friars spoke with an assured audacity to grandees who had been wont to treat with their sovereigns on almost equal terms—an audacity which must have appeared incredible to those to whom it was addressed, but to which Spain in time became accustomed from the Holy Office. The great Rodrigo Ponce de Leon and all other nobles were commanded to search their territories, to seize all strangers and newcomers and to deliver them within fifteen days at the prison of the Inquisition; to sequestrate their property and confide it, properly inventoried, to trustworthy persons who should account for it to the king or to the inquisitors. In vigorous language they were told that any failure in obeying these orders would bring upon them excommunication removable only by the inquisitors or their superiors, with forfeiture of rank and possessions and the release of their vassals from allegiance and from all payments due—a release which the inquisitors assumed to grant in advance, adding that they would prosecute them as fautors, receivers and defenders of heretics.[457] This portentous utterance was effective: the number of prisoners was speedily so great that the convent of San Pablo, which the inquisitors at first occupied, became insufficient and they obtained permission to establish themselves in the great fortress of Triana, the stronghold of Seville, of which the immense size and the gloomy dungeons rendered it appropriate for the work in hand.[458]

      THE FIRST AUTO DE FE

      There were other Conversos, however, who imagined that resistance was preferable to flight. Diego de Susan, one of the leading citizens of Seville, whose wealth was estimated at ten millions of maravedís, assembled some of his prominent brethren of Seville, Utrera and Carmona to deliberate as to their action. The meeting was held in the church of San Salvador and comprised ecclesiastics of high rank, magistrates and officials belonging to the threatened class. Civic tumults had been so customary a resource, when any object was to be gained, that Susan naturally suggested, in a fiery speech, that they should recruit faithful men, collect a store of arms, and that the first arrest by the inquisitors should be the signal of a rising in which the inquisitors should be slain and thus an emphatic warning be given to deter others from renewing the attempt. In spite of some faint-heartedness manifested by one or two of those present, the plan was adopted and steps were taken to carry it out. When Pedro Fernández Venedera, mayordomo of the cathedral, one of the conspirators, was arrested, weapons to arm a hundred men were found in his house, showing how active were the preparations on foot. The plot would doubtless have been executed and have led to a massacre, such as we have so often seen in the Spanish cities, but for a daughter of Diego Susan, whose loveliness had won for her the name of the Fermosa Fembra. She was involved in an intrigue with a Christian caballero, to whom she revealed the secret and it was speedily conveyed to the inquisitors.[459]

      Nothing could better have suited their purpose. If there had been any feeling of opposition to them on the part of the authorities it disappeared and the most important members of the Converso community were in their power. Diego de Merlo, the assistente of Seville, arrested at the bidding of the inquisitors the richest and most