History of the Inquisition of Spain. Henry Charles Lea

Bartolomé Malo and will give him something else.[747]

      So far as I am aware, Philip II never interfered with this exercise of the appointing power. That he threw the whole responsibility on the inquisitor-general and disclaimed any concurrence for himself is apparent in a series of instructions, May 8, 1595, to the new inquisitor-general, Geronimo Manrique. He orders him to observe the utmost care to select fit persons for all positions without favoritism and, although it is his duty to appoint inquisitors and fiscals, he should communicate his selections in advance to the Suprema, as his predecessors had always done, because some of the members may be acquainted with the parties and prevent errors from being made.[748] That a supervisory power, however, was still recognized in the crown is seen in a consulta of June 21, 1600, presented to Philip III, by Inquisitor-general Guevara, lamenting the unfitness of many of the inquisitors. With the habitual tenderness manifested to unworthy officials he did not propose to dismiss them but to make a general shifting by which the best men should be made the seniors of the tribunals. To this the king replied with a caution about discrediting the Inquisition and a suggestion that the parties shifted should be made to ask for the change; he also called for their names and the reasons, because he ought to be informed about all the individuals.[749]

      This indicated a desire to resume the close watchfulness of Ferdinand which had long since been forgotten in the turmoil and absences of Charles V and the secluded labors of Philip II, over despatches and consultas. A bureaucracy was establishing itself in which the various departments of the government were becoming more or less independent of the monarch and Philip for the moment appeared disposed to reassert his authority, for, in 1603, we are told that he made many appointments of inquisitors, fiscals, and even of minor officials.[750] If so, he was too irresolute, feeble, and fitful to carry out a definite line of policy for when, in 1608, he issued the customary instructions to a new inquisitor, Sandoval y Rójas, he merely repeated the injunctions of 1595, with the addition that transfers should also be communicated to the Suprema.[751] Yet in one case he even exceeded Ferdinand by intervening in a case of faith. When he went to Toledo with his court to witness the auto de fe of May 10, 1615, he asked to see the sentence of Juan Cote, penanced for Lutheranism, and made some changes in the meritos, or recital of offences, altered the imprisonment to perpetual and irremissible and added two hundred lashes. The tribunal consulted the Suprema, which approved the changes on the supposition that the inquisitor-general had participated in them, but the day after the auto Cote was informed that the Suprema had mercifully remitted the scourging.[752]

      POWER OF APPOINTMENT

      Philip IV, in 1626, on the death of Inquisitor-general Pacheco, asked the Suprema to suggest the instructions to be given to the new incumbent and was advised to repeat those of 1608. He virtually admitted the power of appointment to be vested in that office when, in the same year, the Córtes of Barbastro petitioned that in Aragon all the officials of the tribunals should be Aragonese and he replied that he would use his authority with the inquisitor-general that a certain portion of them should be so.[753] Notwithstanding his habitual subservience to the Inquisition, however, he reasserted his prerogative, in 1640, by appointing the Archdeacon of Vich as Inquisitor of Barcelona and he followed this, in 1641 and 1642, by several others, even descending to the secretaryship of Lima which he gave to Domingo de Aroche.[754] This brought on a struggle, ending in a compromise in which the inquisitor-general was sacrificed to the Suprema. Papal intervention was deemed to be necessary and a brief was procured in March, 1643, under which Philip, by decree of July 2, ordered that in future, in all vacancies of positions of inquisitor and fiscal, the inquisitor-general and Suprema should submit to him three names from which to make selection. The Suprema thus recognized was satisfied, but Sotomayor, the inquisitor-general, was obstinate. In June, Philip had called for his resignation, which he offered after some hesitation and expressed his feelings in a protest presenting a sorry picture of the condition of the Holy Office. The present disorders, he said, had arisen from the multiplication of offices, whereby their character had depreciated and, as the revenues were insufficient for their support, they were led to improper devices. The Suprema had been powerless for, on various occasions, the king had rewarded services in other fields by the gifts of these offices, when no consideration could be given to character, and he had also been forced to make appointments by commands as imperative as those of the king—an evident allusion to Olivares.[755]

      Sotomayor’s successor, Arce y Reynoso, conformed himself to these new rules and, until his death in 1665, he submitted all appointments and transfers to the king. Philip survived him but three months and, under the regency which followed and the reign of the imbecile Carlos II, the inquisitor-general resumed the power of appointment without consultation. So completely was the royal supervision forgotten that the instructions to Inquisitor-general Rocaberti, in 1695, repeat the old formula of 1608.[756] In this, the injunction of consulting the Suprema was displeasing to the Holy See, after its intervention in the affair of Froilan Díaz (of which more hereafter) had caused it to take sides in the quarrel over the respective powers of the inquisitor-general and the Suprema. As the commission of the former was a papal grant, it held that no restriction could be placed on him and, when Vidal Marin was appointed, Clement XI sent to him August 8, 1705, urgent instructions to uphold the dignity of his office which had exclusive authority in the premises.[757]

      The command was too agreeable not to be obeyed and, from this time, the unrestricted power of appointment was in the hands of the inquisitor-general. About 1765, a writer tells us that all salaried offices were filled by him alone. If the king wished to gratify some one with a position he would signify his desire to the inquisitor-general that such person should be borne in mind at the first vacancy and the royal wish was respected, in the absence of special objection. If such there were it was reported to the king and his decision was awaited.[758] With the tendency to assert the prerogative, under Carlos III, this was called in question, in 1775, when the royal Camara scrutinized the brief commissioning Felipe Bertran as inquisitor-general, but the protest was merely formal; the appointing power remained undisturbed; it survived the Revolution and continued until the Inquisition was suppressed.[759]

      THE INQUISITOR-GENERALSHIP

      Of vastly greater importance was the power of selecting and virtually dismissing the inquisitor-general and this the crown never lost. In fact this was essential to its dignity, if not to its safety. Had the appointment rested with the pope, either the Inquisition would of necessity have been reduced to insignificance or the kingdom would have become a dependency of the curia. Had the Suprema possessed the power of presenting a nominee to the pope, the Inquisition would have become an independent body rivalling and perhaps in time superseding the monarchy. Yet, after the death of Ferdinand, Cardinal Adrian, when elected to the papacy, seemed to imagine that Ferdinand’s privilege of nomination had been merely personal and that it had reverted to him. February 19, 1522, he wrote to Charles that a successor must be provided; after much thought he had pitched on the Dominican General but had not determined to make the appointment without first learning Charles’s wishes. If the Dominican was not satisfactory, Charles could name some one else, for which purpose he suggested three other prelates. Charles replied from Brussels, March 29th, assuming the appointment to be in his hands, but ordered his representative Lachaulx to confer with Adrian. He was in no haste to reach a decision and it was not until July 13, 1523, that he instructed his ambassador, the Duke of Sessa, to ask the commission for Alfonso Manrique, Bishop of Córdova, on whom he had conferred the post of inquisitor-general and the archbishopric of Seville.[760]

The records afford no indication of any question subsequently arising as to the power of the crown to select the inquisitor-general. It was never, however, officially recognized by the popes, whose commissions to the successive nominees bore the form of a motu proprio—the spontaneous act of the Holy See—by which, without reference to any request from the sovereign, the recipient was created inquisitor-general of the Spanish dominions and was invested with all the faculties and powers requisite for the functions of his office.[761] No objection seems to have been taken to this until Carlos III exercised a jealous care over the assertion and maintenance of the regalías against the assumptions of the curia. The first appointment he had occasion to make was that of Felipe Bertran, Bishop of Salamanca, after the death of Inquisitor-general Bonifaz. December 27, 1774, was