History of the Inquisition of Spain. Henry Charles Lea

had watched the discussion with much interest, especially as the work was used in the instruction of his son. He expressed his intention of not permitting the publication of the prohibition but, by a juggle between the nuncio and the inquisitor-general, Manuel Quintano Bonifaz, an edict of condemnation was hastily drawn up of which copies were given to the royal confessor on the night of August 7th. They did not reach the king at San Ildefonso until the morning of the 8th, who at once despatched a messenger to Bonifaz ordering him to suspend the edict and recall any copies that might have been sent out. Bonifaz replied that copies had already been delivered to all the churches in Madrid and forwarded to nearly all the tribunals; to suppress it would cause great scandal, injurious to the Holy Office, wherefore he deeply deplored that he could not have the pleasure of obeying the royal mandate. Carlos was incensed but contented himself with ordering Bonifaz to absent himself from the court; he obeyed and, in about three weeks, made an humble apology, protesting that he would forfeit his life rather than fail in the respect due to the king. Carlos then permitted him to return and resume his functions and, when the Suprema expressed its gratitude, he significantly warned it to remember the lesson.[795] He took warning himself and, on January 18, 1762, he issued a pragmática systematizing the examination of all papal letters before issuing the royal exequatur which permitted their publication.[796]

      Carlos III had no further occasion to exercise his prerogatives but it was otherwise with Carlos IV. His first appointee, Manuel Abad y la Sierra, Bishop of Astorga, who assumed office May 11, 1793, had but a short term, for he was requested to resign in the following year. His successor, Francisco Antonio de Lorenzana, Archbishop of Toledo, who accepted the post September 12, 1794, was not much more fortunate, although his enforced resignation, in 1797, was decently concealed under a mission to convey to Pius VI the offer of a refuge in Majorca. He was followed by Ramon José de Arce y Reynoso, Archbishop of Saragossa, who resigned March 22, 1808, four days after the abdication of Carlos IV in the “tumult of lackeys” at Aranjuez, probably to escape his share of the popular odium directed against the favorite Godoy.[797] During the short-lived revival of the Inquisition under the Restoration, its dependence on the royal power was too great for differences to arise that would provoke assertions of the prerogative.

      THE SUPREMA

      The relations of the crown with the Suprema were originally the same as with the other royal councils. The king appointed and removed at will although, as the members came to exercise judicial functions, it was necessary for the inquisitor-general to delegate to them the papal faculties which alone conferred on them jurisdiction over heresy. Ferdinand exercised the power of appointment and removal and, as his orders were requisite for the receivers of confiscations to pay their salaries, it is scarce likely that anyone had the hardihood to raise a question.[798] We have seen how he forced the members to accept as a colleague Aguirre though he was a layman, how Ximenes when governor of Castile removed him and Adrian reinstated him. The earliest formula of commission that I have met is of the date of 1546; it bears that it is granted by the inquisitor-general, who constitutes the appointee a member and invests him with the necessary faculties, and it is moreover countersigned by the other members.[799] In this there is no allusion to any nomination by the king, although the appointment lay in his hands. In 1573 the Venitian envoy Leonardo Donato so states, adding that the popes felt very bitterly the fact that they had no participation in it; they had repeatedly tried to secure the membership of some one dependent upon them, such as the nuncio, but Philip would not permit it; the council did nothing without his consent, tacit or expressed.[800] At some period, not definitely ascertainable, the custom arose of the inquisitor-general presenting three names from among which the king made selection. At first the number of members was uncertain, but it came to be fixed at five, in addition to the inquisitor-general. To these Philip II added two from the Council of Castile; as these were sometimes laymen, he finally had scruples of conscience and, in his instructions to Manrique de Lara, in 1595, he tells him that when there are fitting ecclesiastics in the Council of Castile they are to be proposed to him for selection; if there are not, it is to be considered whether a papal brief should be procured to enable them to act in matters of faith.[801] These adventitious members came to be known as consejeros de la tarde, as they attended only twice a week and in the afternoon sessions of the body, where its secular business was disposed of, and thus they took no share in matters of faith. Their salary was one-third that of the others.

      The royal authority was emphatically asserted when, in 1614, Philip III ordered that a supernumerary place should be made for his confessor Fray Aliaga, with precedence over his colleagues and a salary of fifteen hundred ducats; also that when the royal confessor was a Dominican he should always have this place and, when he was not, that it should be given to a Dominican. The Suprema accepted Aliaga but demurred to the rest, when Lerma peremptorily ordered it to be entered on the records; there were murmurings followed by submission. After the accession of Philip IV, he ordered the Council to make out a commission for his confessor, the Dominican Sotomayor, to which there was ineffectual opposition.[802] The rule held good. Soon after the Inquisition was reorganized under the Restoration, Fernando VII, July 10, 1815, appointed his confessor, Cristóbal de Bencomo, a member to serve without salary for the time but with the reversion of the first vacancy and all the honors due to his predecessors; he had the seat next to the dean and when the latter died, February 16, 1816, he took his position and salary.[803] Philip V ordered that a seat should always be occupied by a Jesuit; this of course lapsed with the expulsion of the Jesuits in 1767, after which Carlos III, in 1778, provided that the Religious Orders should have a representative by turns.[804]

      THE SUPREMA

      The royal power of appointment was not uncontested and gave rise to frequent debates. Philip IV sometimes yielded and sometimes persisted; occasionally the question was complicated and papal intervention was hinted at.[805] A decisive struggle came in 1640, in which the Suprema chose its ground discreetly. It suited Olivares to appoint Antonio de Aragon, a youthful cleric and the second son of the Duke of Cardona. Anticipating resistance, Philip announced the nomination imperiously; Don Antonio must be admitted the next day as he was about to start for Barcelona and any representations against it could be made subsequently. The Suprema replied that the inquisitor-general could not make the appointment and if he did so it would be invalid; Don Antonio was less than thirty years old; the canons require an inquisitor to be forty, although Paul III had reduced for Spain, the age to thirty; members of the Suprema were inquisitors and it was only as such that they sat in judgement without appeal in cases of faith. To this Philip rejoined that Olivares would report the efforts he had made to quiet his conscience in view of the great public good to result from the appointment, wherefore he expected that possession would be given to Don Antonio without delay. Matters went so far that the Duchess of Cardona wrote to her son to abandon the effort but the royal command prevailed; he obtained the position and in the following year he was made a member of the Council of State; he was already a member of the Council of Military Orders and the whole affair gives us a glimpse of how Olivares governed Spain.[806] Having thus asserted his prerogative, Philip, in 1642 and the early months of 1643, made four appointments without consultation. The remonstrances of the Suprema must have been energetic for Philip yielded and, in a decree of June 26 (or July 2), 1643, he agreed that the old custom of submitting three names should be renewed, with the innovation that the Suprema should unite in making the recommendations. Against this the inquisitor-general protested, but in vain. It was probably to make an offset to these royal nominees that, November 10, 1643, the inquisitor-general and Suprema asked that their fiscal should have a vote, which Philip refused.[807] The rule continued of submitting three names for selection, but the participation of the Suprema in this seems to have been dropped. The royal control, moreover asserted itself in the case of Froilan Díaz when, by decree of November 3, 1704, Philip V reinstated three members, Antonio Zambrana, Juan Bautista Arzeamendi and Juan Miguélez, who had been arbitrarily ejected and jubilado by Inquisitor-general Mendoza, ordering moreover that they should receive all arrears of salary.[808]

      While thus the crown continued to exercise the right of selecting the heads of the Inquisition, its practical control was greatly weakened by one or two changes which established themselves. Of these perhaps the most important was the claim of the Suprema to interpose itself between the king and the tribunals, so that no royal commands to them should be obeyed unless they should pass through it, thus rendering the inquisitors subject to itself alone