COMMUTATIONS
The curia had never assumed to interfere with the commutation or redemption of the punishments inflicted by the Inquisition. In these it therefore had a free hand, and the resultant revenue must have been important, for it was always ready to show mercy for a reasonable consideration. The speculative value of such commutations were recognized, at least as early as 1498, when they were already regarded as a regular source of income, for Juan de Monasterio was then characterized as inquisitor of Valencia and receiver of penances and commutations.[1198]In 1524 we find Manrique commissioning Francisco de Salmeron to collectfrom the receivers of the tribunals all “penas y penitencias, conmutaciones y habilidades” and a similar grouping in 1540 and 1544 shows that they all continued to be sources contributing to a common fund.[1199]
Of these punishments the one most productive and most commonly commuted was the sanbenito or penitential habit, release from which in the early period, as we have seen, was reckoned, in one case at least, at a thousand gold florins. The severity of the infliction is well set forth in the petition, about 1560, of “lo povero Notar Jacobo Damiano” to the Sicilian tribunal. He says that he has tried in every way to earn a living without success, and his only resource is a return to his birth-place, Racalmuto, where his family will aid in his support and he can end the few days that remain to his age and infirmities, but, as his kindred are persons of honor, if he comes with the sanbenito they will drive him away and leave him to die of starvation. He therefore begs to have the habit commuted to a money payment for the redemption of captives and some other penance, and he will raise the amount from his family; otherwise he is in peril of death from want, as he is abandoned by all.[1200]What between the degradation and the impediment to winning a livelihood, those subjected to the penalty and their kindred were likely to pay whatever sum they could afford for release. It was commonly coupled with imprisonment—the “carcel y abito” usually went together and commutation covered both.
As a rule, inquisitors were prohibited from granting these commutations—the temptation to retain the proceeds was doubtless too great. In 1513 Ximenes, on learning that some inquisitors were doing so, forbade it for the future and reserved the right to the inquisitor-general.[1201]There were some exceptions however, especially in the case of distant tribunals, as in a commission granted to Sicily in 1519, to Navarre in 1520, and a limited one to Majorca in 1523.[1202]As a rule all applications were submitted to the Suprema, which gave the necessary instructions and directed the money to be remitted to it, or to be held subject to its order for pious uses.[1203]Its full realization of the financial possibilitiesof the matter is seen in instructions, in 1519, to Barcelona—and doubtless to the other tribunals—to report how many penitents were wearing sanbenitos and how much could be obtained from them for commutations.[1204]When conviction would bring not only confiscation but the prospect of another contribution from the kindred, it will be realized how great was the temptation to severity.
The “pious uses” for which the payments were ostensibly received were various. Doctor Arganda, Inquisitor of Cuenca, in rendering, May 9, 1585, a statement revealing a deficit in revenue, renewed a request of the month previous, that the Suprema would grant to the tribunal the commutations of Francisco Abist and Juan Joaibet, Moriscos; they were very old, had been sentenced ten years before, and would die Moors; therefore it would be well that the tribunal should have the benefit of the four thousand reales which they offered. The Suprema replied with an inquiry whether this was the utmost that could be obtained from them. Then on August 9th the inquisitor urged the acceptance of the offer, so that the money could be used for a much needed prison for familiars and other purposes, and reminded the Suprema that, in 1583, it had made a similar grant of commutations for a building.[1205]Another pious use was giving to Dr. Ortiz, when sent to Sicily as inquisitor, in 1541, certain commutations as part of his salary. They must have been considerable, for the fees accruing on them to Secretary Zurita amounted to fifty-five ducats.[1206]Still another pious use is indicated in an order from the Suprema, in 1549, to the tribunal of Granada, to commute the sanbenito of Catalina Ramírez into spiritual works and such pecuniary penance as she could pay for pious uses. The latter are explained, in an accompanying private note of instruction, to hold the money until the apparitor Cuebas marries his daughter, when he is to be aided with it. He evidently had petitioned for a “comutacion de abito” and it was accorded in this form.[1207]
COMMUTATIONS
These commutations, in fact, became a sort of currency in which favors were asked and granted, replacing, to some extent, the confiscations of an earlier period. Thus, in 1589, the Valencia convent of the new Discalced Carmelites of Santa Teresa petitionedfor the grant of the commutations of certain sanbenitos and soon afterwards the Dominican convent made a similar request.[1208]The most usual pious work, however, for which they were ostensibly employed, was in assisting the redemption of captives. Yet this formula frequently covered other destinations, as in the case of Martin de Burguera of Calatayud, who was relieved of prison and sanbenito for fifteen ducats “para reducion de cautivos” and the ducats were simultaneously granted to Pedro Salvan, apparitor of the Saragossa tribunal.[1209]When the proceeds were really to be employed for the redemption of captives, precautions were taken to see that they were so applied. These are expressed, January 18, 1559, by Valdés to Horozco de Arce, Inquisitor of Sicily, when empowering him to grant commutations to four penitents, provided their sentences are not irremissible and they have completed three years of imprisonment, when, besides the money payment, there are to be simple penances of fasting, prayer and pilgrimage. The penitents are to be designated by Nicolas Calderon or his agent, who will bargain as to the amounts of payment, and the money is to be given to him for the ransom of his mother, sister and two nieces, on his furnishing good security that, within a term to be designated by the inquisitor, he will present them to the tribunal or refund the money.[1210]The condition in this, that the penalty commuted must not be irremissible, was not always observed. Such sentences, as we shall see, were reserved for cases of special guilt, but they yielded to the powerful solvent of money, a larger price presumably being demanded. Thus March 7, 1560, the Sicilian inquisitor was ordered to select some one who had served not less than nine years under such a sentence and commute it for the ransom of the wife of —— of Cibdadella.[1211]
Even the galleys, which were regarded as a much severer punishment than the “carcel y abito,” were commutable, though, as the prisoner was an incumbrance, while the galley-slave was useful and the supply was always deficient, we may infer that his commutation was held at a higher price. Condemnation to thegalleys was also much less frequent than to the sanbenito, and of course was only inflicted on able-bodied men, so that cases of its commutation do not occur in such abundance. Yet they were sufficiently numerous to lead to complaint by the Suprema to Charles V, in 1528, that when it sent messengers to liberate those whose sentences were thus commuted, the commanders of the galleys refused to surrender them, whereupon Charles issued a cédula ordering their liberation under pain of two thousand florins.[1212]
COMMUTATIONS
Commutations for the galleys had various shapes. In 1543, Don Luis Muñoz, Lord of Ayodan, offered two slaves as substitutes for two of his Morisco vassals, Juan Maymon and Juan Muñoz, condemned to serve, the one for ten and the other for twelve years, of which three had elapsed and, after investigation to see that the substitutes were able-bodied, the bargain was closed. In 1547, Miguel Mercado obtained the remainder of his sentence to the galleys commuted to service on the French border, when presumably there was some money consideration.[1213]It is probable that commutations for money became too frequent for the good of the naval service, for in 1556 the Suprema strictly forbade them for the future, doubtless under royal command.[1214]This prohibition seems to have lasted for a considerable time, as the Spanish armada was greatly in need of men and we happen not to meet with cases until near the close of the century, when they reappear in the Valencia records. In 1590, Jusepe Gacet, a familiar condemned for the murder of his wife, obtained a commutation of his sentence. In 1596, a New Christian, Gaspar Moix, negotiated for release from the three years which he still had to serve and, after investigation into his means, it was fixed at seven hundred libras and a slave. Moix, however, on his liberation, found that his sanbenito was not included in the bargain and he had to pay a hundred libras more for its removal. In 1597, Onufre Quintana offered two thousand reales and a slave which were accepted. In the same year Miguel Saucer applied for a commutation, when the Suprema instructed the tribunal to ascertain what he would pay for it and the same answer was given,in 1600, to a similar petition from Jaime Cornexo.[1215]It is apparent from the high value set on these mercies that comparatively few convicts could afford their purchase.
Evidently the Suprema paid little heed to the instructions of Philip II to Manrique de Lara, in 1595, to be very cautious in granting dispensations for galleys, exile, reclusion and sanbenitos; there must be ample cause and no attention should be paid to prayers, and favors, for it was essential that sentences should be completely executed. This was repeated, with some amplification, by Carlos II, in 1695, showing that there was still occasion to restrain the Holy Office from bartering pardons for money.[1216]
WHENthe Inquisition was established, it was apparent that if its officials, or a portion of them, could be quartered on the Church there might be less diversion of the confiscations from the royal treasury. At the very commencement, in 1480, Ferdinand and Isabella obtained, from Sixtus IV, an indult authorizing them to present the four earliest inquisitors to benefices, of course without obligation to reside. As yet, however, the Inquisition had not inspired general terror, and the people refused to admit the intruders, whereupon the sovereigns provided them with four chaplaincies in the royal chapel.[1217]The attempt was not abandoned and, in the supplementary Instructions of December, 1484, Torquemada announced that it was the intention of the sovereigns to procure a papal indult authorizing them to bestow benefices, not only on the inquisitors but on all the clerics employed in the holy work.[1218]Something of the kind was evidently obtained for, when the Holy Office was organized, in 1485, under Torquemada, the brief confirming his appointment dispensed from residence all officials in its service who held or might thereafter obtain preferment; new appointees were released from the customary temporary residence, and all were assured of their full revenues without deduction, all apostolical and conciliar decrees to the contrary notwithstanding.[1219]There was nothing in this to shock public opinion, for the canon law permitted canons to be absent for study in any recognized university, and the enjoyment of benefices everywhere by the creatures of the curia was legalized by assuming service to the pope to be equivalent to service in a chapter.[1220]Yet the Spanish Church, apparently, was not disposed to submit quietly to this and its resistance may be assumed as the cause ofanother brief of Innocent VIII, February 8, 1486, which limited the grant to five years and required the beneficiary to supply a vicar to fill his place. At the same time it specified all officials, down to messengers and gaolers, as entitled to its benefits and provided for opposition by appointing the Bishops of Córdova and Leon and the Abbot of San Emiliano of Burgos as executors with full powers to suppress recalcitrants.[1221]When the five years expired, the indult was renewed for another five years and so it continued until the end of the Inquisition—the popes steadily refusing to prolong the term, as it gave them an important advantage, in their frequent collisions with the Spanish Holy Office, to say nothing of the fees consequent upon the issue of briefs so voluminous and so valuable.
The next step was to procure the power of presenting to benefices, and this was secured by another brief from Innocent VIII, in 1488, granting to the sovereigns the patronage of a prebend in each metropolitan, cathedral and collegiate church, excepting, in prudent deference to the Sacred College, those of which the bishops were also cardinals. Of this brief, Alonso de Burgos was made executor, enabling him to fulminate censures and take all necessary steps, until the appointee enjoyed pacific possession of his prebend. Under it Ferdinand and Isabella, on October 30th of the same year, made the first presentations, amounting to ten, six being inquisitors, two fiscals, one an apparitor and one designated merely as an official.[1222]
OPPOSITION OF CHAPTERS
This brief probably was good only for five years for, in 1494, the sovereigns obtained from Alexander VI another, with enlarged powers, of which Martin Ponce, Bishop of Avila, was executor. Under this, on April 11, 1495, they made twenty-four appointments, mostly inquisitors, but comprising seven fiscals, two members of the Suprema and two Roman agents of the Inquisition. Among the inquisitors we recognize the notorious Lucero and his predecessor in Córdova, the embezzling Dr. Guiral.[1223]It is probable that these briefs encountered resistance, for, in this latter case, we chance to hear of a prolonged struggle required to install Doctor Manuel Fernández Angulo of the Suprema in the Seville canonry given to him.[1224]Haughty canons of noble bloodmight well resent the intrusion of low-born officials such as Ferdinand sometimes thrust upon them. Thus, in 1499, on the death of Inquisitor Cevallos of Barcelona, his first appointee to a prebend in the church of Santa Ana, in the same city, he replaced him with Juan Moya, a simple tonsured clerk and gaoler of the tribunal, nor was this the only instance of such abuse of patronage.[1225]He also availed himself largely of the privilege of non-residence by appointing canons and other beneficed clerks to positions in the tribunals, and his letters of the period are numerous in which he notifies the chapters that their members have been thus drafted to the service of God, during which they are, under the papal letters, to be reckoned as present and are not to be deprived of any of the fruits of their preferment. So, when he drew the Licentiate Pero González Manso from the professorship of law in Valladolid, he told the college that the chair would be filled by a substitute at half-price during Manso’s absence.[1226]Everything was subservient to the Inquisition and all other institutions were expected to minister to its needs.
When Julius II, November 16, 1505, renewed the quinquennial indult, he no longer appointed executors but empowered the inquisitor-general to coerce with censures the chapters to account for and pay over to the appointees the revenues of their benefices. It appears that they sometimes compelled the appointees to agree under oath that they would take only a portion of the fruits, for Julius pronounced such agreements to be void and released the incumbents from their oaths. This brief he repeated, September 8, 1508, with some additions, of which more hereafter.[1227]The opposition of the chapters, in fact, had in no way diminished and defeat only seemed to intensify their obstinacy. When, in 1501, Diego de Robles, fiscal of the Suprema, was granted a canonry in the church of Zamora, the persistence of the chapter carried the matter to Rome, where Gracian de Valdés, nephew of the bishop, boasted that he would get the pope to reserve the benefice to himself. It gave infinite vexation to Ferdinand, who wrote to the canons, July 24th that, if they did not admit Robles within three days, they must leave the city and present themselves before him within thirty days, under pain of forfeiture of citizenship and temporalities. Similar orders were sent to the provisor; thecorregidor was commanded to see to their execution, while urgent letters were addressed to Rome to counteract the labors of Valdés. These vigorous measures brought the chapter to terms and Ferdinand, on September 2nd, accepted their submission, revoking their banishment to take effect after their giving possession to Robles.[1228]Simultaneously a similar quarrel was on foot with the chapter of Barcelona, over the grant of a canonry to the Inquisitor of Saragossa, who was already Archdeacon of Almazan, and this was likewise carried to Rome.[1229]So resolutely did the chapters resist the invasion of their rights that Enguera, Inquisitor-general of Aragon and Bishop of Lérida, in 1512, had to invoke both royal and papal authority to secure the revenues of benefices held by him in the churches of Tarragona and Lérida and, with regard to the latter, the pope was obliged to appoint executors to enforce his briefs.[1230]
If Ferdinand had expected, by this abuse of patronage, to lighten the burden of supporting the Inquisition, he was doomed to disappointment. He probably found that those, who thus obtained positions for life, could not be depended upon to perform gratuitous service in the tribunals. Their full salaries had to be paid and their benefices were only an extra gratification, so that his anxiety to secure these for them must be attributed to his desire to obtain able and vigorous men for the moderate remuneration provided by the pay-roll. When Pedro de Belorado was sent to Sicily, in 1501, as Archbishop of Messina and also as inquisitor, the receiver was ordered to continue to him the salary paid to his predecessor Sgalambro.[1231]So it continued. When, in 1540, Blas Ortiz was commissioned as inquisitor of Valencia, the orders were to pay him the regular salary of six thousand sueldos, although, as canon of Toledo, he possessed a handsome income.[1232]
OPPOSITION OF CHAPTERS
By this time these matters were in the hands of the Suprema, and its members and officials were too eager seekers after pluralities not to enforce the papal indults with vigor, giving rise to incessant struggles with recalcitrant churches. Thus, in 1546, when Pedro Ponce de Leon was made a member, he wasmaestre escuelain the church of Alcalá de Henares. There was trouble about his revenues for, on February 27, 1547, Valdés summonedthe abbot and chapter to keep on paying him and expressed the hope that they would not compel him to resort to censures. Similar letters, about the same time, were issued in behalf of the private secretary of Valdés, Fortuno de Ibarquen, who was an insatiable pluralist, being Archdeacon of Sigüenza and canon in the churches of both Leon and Oviedo. Simultaneous were letters to the chapter of Segovia about the revenues of its dean and canon Miguel de Arena, who was Inquisitor of Seville, and to that of Sigüenza for its treasurer and canon, Menendo de Valdés, who was Inquisitor of Valladolid. A couple of months later there were letters to the chapter of Badajoz, about its canon Baltodano, who was Inquisitor of Toledo, and in August to the chapter of Majorca, about Joan García, who had been appointed consultor to the tribunal of Saragossa. In October prosecutions were commenced against the recalcitrant chapter of Leon, which had refused to pay the fruits of the canonries of Ibarguen and of Cervantes, the Inquisitor of Córdova.[1233]
It would be useless to multiply examples of this incessant strife, in which the chapters persistently, but unavailingly, sought to prevent the absorption of their revenues by the Holy Office. The resistance was hopeless for, even with the most resolute, it was only a question of time when opposition was broken down by excommunication and the summons to appear before the Suprema, while appeal to Rome was fruitless when it was the duty of the Spanish ambassador to watch for such cases and oppose them.[1234]Of course the greater number yielded without remonstrance and we hear only of those who dared to offer futile opposition.
It is observable that all the cases which thus come before us involve benefices without cure of souls. The papal indults comprised both those with and without such cure, and it is not to be supposed that the former were not extensively exploited, though we do not hear of them because, in such cases, there was no organized body to feel aggrieved and raise a contest. When came the Counter-reformation, the Council of Trent pronounced strongly against non-residence by beneficiaries holding cure of souls; special episcopal licence was required for absence which, save in exceptional cases, could not exceed two months and no privilegecould be pleaded.[1235]Accordingly when, in 1567, Pius V was called upon to renew the quinquennial indult, he expressly excepted parochial churches and benefices with cure of souls. This was somewhat tardily obeyed and it was not until June 8, 1571, that the Suprema announced the limitation.[1236]
There was another provision of the Council of Trent which met with less observance. It required all obtaining preferment of any kind to make, within two months, profession of faith in the hands of the Ordinary or chapter. No attention was paid to this and the chapters, waking up to the advantage that it gave them, refused to pay the fruits, giving rise to multitudinous suits. At length, in 1612, a brief was procured from Paul V, declaring that the work of the inquisitors was most necessary to the Church and could not be interrupted to travel to the distant seats of their benefices. He therefore evoked all pending cases, imposing perpetual silence on the chapters and validating all payments made to incumbents, who were allowed in Spain six months, and in the colonies two years, to perform the duty; in future it should suffice to do it in the place of their residence and furnish a public instrument attesting the fact within six months or two years.[1237]The Council of Trent was of small importance when brought into collision with the Inquisition.
DOCTORAL AND MAGISTRAL CANONRIES
At length Philip III listened to the complaints of the chapters and, in a decree of December 24, 1599, addressed to the Suprema, he called attention to the injury inflicted on the cathedral services by withdrawing canons from their duties, and he ordered that in future much caution be exercised, especially as regarded the deans, the doctoral and magistral canons and the penitentiaries.[1238]If this produced an effect it was but temporary. In 1655 we chance to learn that, in the tribunal of Córdova, of the three inquisitors, Bernardino de Leon de la Rocha was a prebendary of Córdova and collegial of the cathedral of Cuenca; Bartolomé Bujan de Somoza was a canon of Cuenca and Fernando de Villegas was collegial of San Bartolomé. In addition, the fiscal, Juan María de Rodesno was collegial of Cuenca and thesecretary, Pedro de Armenta was prebendary of Córdova.[1239]This single tribunal thus deprived Cuenca of three of its dignitaries and Córdova of two.
The doctoral and magistral canonries alluded to by Philip afforded a special grievance. These were stalls in each chapter to be occupied respectively by a doctor of laws and a master of theology, for the purpose apparently of furnishing to the church what it might need as to law and faith. They had been instituted by Sixtus IV, who decreed that the holders should not absent themselves for more than two months without express licence of the chapter under pain of forfeiture. The Inquisition was restive under this limitation on its acquisitiveness and, at its special request, Julius II, in his second brief of September 8, 1508, revoked the decree of Sixtus and included them among the benefices that could be held by officials without residence.[1240]At length, in 1599, the chapter of Córdova, in a contest over the matter, procured a papal brief requiring the residence of the doctoral canon, who was not to be excused under pretext of serving the Inquisition.[1241]Apparently this was disregarded, for Philip III, in his instructions of 1608 to Sandoval y Rojas, called special attention to the matter.[1242]Even this failed until there was a sharp conflict with the chapter of Toledo, over the case of Doctor Bernardo de Rojas, in which the chapter won and he was forced to resign an appointment as inquisitor. Then again the question came up, in 1640, when Philip IV appointed Doctor Andrés de Rueda Rico as supernumerary member of the Suprema; it resented the intrusion and addressed to the king a very free-spoken consulta, in which it laid particular emphasis on his being doctoral canon of Córdova and therefore obligated to residence. Yet, in spite of this, when the Córdova chapter refused to pay him his fruits, the Suprema decided against it. Then the chapter carried the case to Rome where, as the agent of the Inquisition reported, September 12, 1640, Urban VIII, to evade a direct decision, revived the brief of Sixtus IV forbidding the use of the doctoral and magistral canonries in this manner. Córdova followed up its victory and, in 1641, obtained another brief forbidding Rueda from receivingthe fruits and appointing the nuncio and the Ordinary of Córdova executors to enforce it and to relieve the chapter from any censures fulminated in consequence. The Suprema was flushed with its recent victory, over the chapter of Valencia, in the matter of Sotomayor’s prebend and pension and, in 1642, it addressed to the king an urgent appeal to suppress all such briefs, as Ferdinand had done, and representing the eagerness of the curia to destroy the independence of the Inquisition and the prerogatives of the crown. Philip, however, was now embarrassed with the Catalan and Portuguese revolts and for once was moderate, merely ordering the chapter to desist from the appeal and to surrender the briefs, while the inquisitor-general must require Rueda to abandon the canonry, seeing that he had enough to live on, with his salary in the Suprema and the wealthy archidiaconate of Castro which he also held. Incidentally the Suprema declared that the magistral canonries were out of reach, but the doctoral ones were not, probably presuming on the royal ignorance.[1243]
Trouble continued to the end. In 1684, the chapter of Santiago contested vigorously the right of the receiver-general of the Suprema to hold a canonry and, in spite of the prohibition to appeal to Rome, it carried the matter there, arguing that the officials of the Suprema were not included in the papal briefs. In this it had the support of the churches in general, which united in a memorial to the Holy See, but the effort was fruitless.[1244]Close watch seems to have been kept on the expiration of the quinquennial periods for, in 1728, the chapter of Valencia refused the daily distributions to non-resident members on the ground that the indult had run out; the tribunal appealed to the Suprema which replied, April 22nd, with a copy of the renewal of the grant by Benedict XIII, carrying it to 1733.[1245]Apparently there had nearly been a lapse.
SPOLIATION OF THE CHURCH
Commissioners were frequently selected from the chapters of their places of residence, and it was a long-debated question whether they were entitled to constant non-residence, seeing that their duties were occasional and mostly local. It was finally settled that they should enjoy the fruits when absent on duty forthe Inquisition, but even this was disputed, in 1780, by the collegiate church of San Ildefonso of Llerena, in the case of the prebendary, Pedro Enríquez Verones, a commissioner of the Valladolid tribunal, who was refused his share of the distributions during absence by order of the inquisitors. Inquisitor-general Bertran complained to Carlos III, who peremptorily ordered payment whenever absent on business of the faith. A similar question apparently arose in 1818, for the Suprema sent, July 18th, to the tribunal of Llerena, a statement of the case with a copy of the letter of Carlos.[1246]
The Napoleonic wars caused a slight lapse in the quinquennial indults. One expired, February 6, 1813, a few days before the publication of the edict of suppression by the Córtes of Cádiz. When the Inquisition was re-established, it promptly applied for a renewal of the privilege and, on November 19, 1814, the Suprema announced that Pius VII had not only granted it but had ratified the receipt of revenues by non-residents during the interval. This renewal expired, February 6, 1818, when there was delay and the new brief was not issued until March 15th, but it does not appear that any chapter took advantage of the interval.[1247]When this expired, there was no longer an acting Inquisition.
The overgrown church establishment of Spain, with its accumulation of wealth, afforded a fair mark for acquisitiveness, and several efforts were made to obtain from it a permanent foundation for the Inquisition. We have seen how waste and prodigality, to say nothing of peculation, notwithstanding the active business of confiscation, rendered it difficult, in 1497 and 1498, to pay the salaries of officials. A remedy for this was sought in the spoliation of the Church, and Ferdinand and Isabella turned to Alexander VI, representing the constant increase of heresy, the additional efforts required for its extirpation and the insufficiency of confiscation to meet expenses. If the holy work were not to end, aid was needed and those engaged in it were performing a service to God equivalent to that of canons in the recitation of the daily offices. If a canonry with its prebend, in each metropolitan, cathedral and collegiate church, were devoted to the support of the officials, so long as the Inquisition should last, it would be agreat safeguard to the faith and aid in the destruction of heresy. Alexander granted the request and, by a brief of November 25, 1501, he incorporated in the Inquisition a canonry and prebend in every church, authorizing the inquisitor-general to take possession of the first vacancies and appointing the Bishops of Burgos, Córdova and Tortosa as executors with power to suppress all resistance without appeal.[1248]
GRANT OF CANONRIES
It is remarkable that we hear nothing more of this portentous grant. No evidence has reached us of any attempt to enforce it or of any resistance. Probably even Ferdinand recognized an opposition too dangerous to be provoked and contented himself with using it as a threat against unruly chapters, which objected to his using canonries to pay his inquisitors. In the project of reform drawn up in 1518, it was proposed that, in place of living on the confiscations and penances, the inquisitors should have one or two canonries for their support. After this scheme fell through, Charles adhered to the idea and, on October 29th, he instructed his ambassador at Rome to procure from Leo X a brief similar to that of Alexander VI; without some such support, he said, it would be impossible to procure the services of men of proper character and learning.[1249]Leo was not as complaisant as Alexander, although Charles repeated the request in a personal letter to him, September 3, 1520.[1250]Then, on August 14, 1521, Cardinal Adrian wrote to Charles, reminding him that, long before, the pope had conceded a prebend in every church where there was a tribunal, in order to remove the infamy, ascribed by some persons to inquisitors, of desiring the condemnation of the accused in order to assure their support. That concession had not been enforced, principally because the revocation was awaited of the bull against the Inquisition. Now the Bishop of Alguer, the Roman agent of the Inquisition, has announced the revocation of the bull and, in order to remove the infamy and perpetuate the Inquisition, he urges Charles to write to Don Juan Manuel in Rome to procure the grant of the prebends in accordance with a list prepared by the Bishop of Alguer.[1251]Charles was probably too much engrossed in the attempt to suppress Luther to devote much attention to the matter and Adrian, when he succeeded tothe papacy, did not use his power to make the grant, although he was involved in a quarrel with the stubborn chapter of Almería, which refused to admit his transfer, to Inquisitor Churruca of Valencia, of a precentorship which he held in that church—a quarrel which lasted until 1524 and required the united efforts of the Suprema, the tribunal of Murcia and of the emperor to bring to a termination.[1252]
We hear nothing more of the effort at this time, but Charles bore it so strongly in mind that, in his will, executed in Brussels, June 6, 1554, he dwelt upon the advantages of the measure and ordered Philip, in case of his own death without obtaining it, to labor with the Holy Father to procure what would be of such advantage to the Inquisition and service to God.[1253]The occasion came in a few years with the panic caused by the discovery of Protestantism among a few people of quality—a panic skilfully stimulated and exploited. Philip urged his ambassador Vargas to obtain from Paul IV a grant of one per cent. of ecclesiastical revenues, to relieve immediate necessities, and the suppression of a canonry and prebend in each cathedral and collegiate church. The Suprema aided, in a report to the pope, September 9, 1558, on the alarming progress of Lutheranism. After exaggerating the danger and the labors of the Inquisition, which could only have been carried on through the gift of ten thousand ducats by the king and contributions from Valdés, for it was penniless, the report went on to state that, when the Inquisition was established, there was a tribunal in almost every bishopric but, as the confiscations fell off, they were diminished to the few that remained, so that there was one which had fifteen sees in its district and it had not funds enough to pay the slender salaries of its officials. Although this had been repeatedly represented to the popes, no remedy had been granted, but now, in these perilous times of heresy, it seemed necessary that the tribunals should be multiplied, as at the beginning, and rendered permanent. All this could very readily be accomplished if the pope would apply some ecclesiastical revenues, which were of little service to God and could be better employed in sustaining the Holy Office, now so enfeebled through lack of funds. Although its work was pushed with all possible diligence, its future was uncertainif it could not be sustained and the remedy for this lay with his Holiness.[1254]
This lying plea aided the pressure brought to bear by the king and, on December 10th, Vargas was able to report that he and Cardinal Pacheco had had an audience of the pope, who manifested great goodwill and offered to grant a concession of a hundred thousand ducats to be levied on the clergy, in place of one per cent. on their revenues. After considering the question of the prebends, including the doctoral and magistral ones, he was content to apply to the Inquisition the first vacancy in each cathedral and collegiate church in Spain. This, Vargas adds, should receive special consideration, as it might be refused by another pope and, when this was gained, if the expenses of the Inquisition increased, there would be little trouble in getting it duplicated.[1255]The spread of heresy in France and the dread of its infecting Spain had brought the curia to a complying mood.
The Suprema needed no urging to secure so great a prize without loss of time. There could have been little opportunity for discussing details between Rome and Madrid, for the brief was signed January 7, 1559. It recited the reasons set forth in the report of September 9th and argued that, as the churches could not subsist without faith, it was better for them to sacrifice a portion of their substance than to risk the whole. Wherefore,motu proprio, with certain knowledge and in the plenitude of apostolic power, the pope suppressed one canonry and prebend in all cathedral and collegiate churches in Spain and the Canaries, the first falling vacant, no matter who might have the collation of it, and applied its revenues in perpetuity to the Inquisition. As each fell vacant, the inquisitor-general should appropriate it and collect the fruits, the consent of the diocesan or of any one else being in no way requisite, notwithstanding all conciliar decrees and papal constitutions to the contrary, or the claims of holders of expectatives or reversions, or of a long list of possible claimants, which shows how these benefices had been made matters of trade in every possible way.[1256]
GRANT OF CANONRIES
It can only have been the haste in which this long and elaborate document was prepared that explains the omission of executors empowered to break down the opposition to be expected from the whole Spanish hierarchy. Valdés, however, boldly assumed that he had the power. On April 29th, he sent the papal letter to all prelates and chapters, with a missive exhorting bishops, under pain of interdict of entrance to their churches, and requiring all deans, chapters, etc., under penalty of excommunication and two thousand gold ducats, to hold as suppressed, extinct and perpetually united to the Inquisition the first vacant canonry and prebend. In the name of the Inquisition he accepted them and declared them incorporated in it, and ordered the revocation of all nominations and collations that might have been made since the date of the letters or might be made thereafter. The chapters were commanded to pay over all emoluments as completely as though the canonry were served by an incumbent at all services, and inquisitors were empowered to prosecute all who resisted and to inflict censures and penalties, as well as to appoint procurators to take possession and collect the revenues—and all this he audaciously said that he did “by virtue of the said apostolic faculty conceded to us.”[1257]
Pius IV died, December 9, 1565, and Valdés was shelved in 1566. The brief had conferred the power on his successors as well as on himself and there was no necessity for its confirmation, but one was procured from Pius V, July 15, 1566. The object evidently was to cure the defect as to executors, who were now appointed with full and arbitrary powers, those named being the Bishops of Sigüenza and Palencia and the auditor-general of the papal camera. Some details were added, an unusual feature being a prohibition to assail the letters as surreptitious and obreptitious, showing that this argument had been freely used in the endeavor to escape from their operation. A further confirmation was obtained from Gregory XIII, July 8, 1574, but none seems to have been subsequently thought requisite.[1258]
No time had been lost in gathering the fruits of the papal grant. April 16, 1559, a provision was despatched to take possession of a prebend, which had fallen vacant in the church of Palencia; April 27th another for one in Leon and soon afterwards for others in Calahorra and Saragossa. Frequently they were foundto be burdened with pensions that had to be recognized, but the process went on and, in comparatively a few years, it would seem that vacancies had occurred in most of the chapters.[1259]Possession, however, was not had without sturdy resistance, during which, at one time or another, nearly all the chapters were under excommunication. Legal proceedings were frequently resorted to in the desperate hope of averting the absorption, but it was futile. The Suprema was the court of appeal, the cases practically were prejudged before they were commenced and there was no escape.