Chapter 14

EVIDENCE OF JUDAISM

An illustrative case was that of Elvira del Campo, tried at Toledo in 1567. She was of converso descent and was married to Alonso de Moya, a scrivener of Madridejos, who seems to have been an Old Christian. According to witnesses who had lived with her as servants, or were her near neighbors, she went to mass and confession and gave all outward sign of being a good Christian; she was kind and charitable, but she would not eat pork and, when she cooked it for the household, she handled it with a rag so as not to touch it, which she explained by saying that she had a throat-trouble which made it disagree with her, and that handling it made her hands smell. There was a little cumulative evidence about putting on clean linen on Saturdays and not working, but this was insignificant and the case rested on pork. The chief witnesses were two of her husband’s employees, Pedro de Liano and Alonso Collados, who lived in the house, and their evidence went much into detail as to their spying about the kitchen, peeping into cupboards, and watching all the details of her housekeeping. Liano testified that once he and Collados talked about her putting a leg of mutton into water to soak over night, when Collados said he thought there was some Jewish ceremony in this, and it would please him much to know it, for he would accuse her to the Inquisition, as he was on bad terms with her. Yet Collados, before the tribunal, concluded his testimony by saying that he wished her well for her good treatment of him, that he held her to be a good Christian, because she went to mass and spoke ill of no one and was very reserved, rarely leaving her home and talking with but few people.

Elvira was arrested early in July, and at first her trial was pushed with speed, as she was pregnant, but her confinement, August 31st, caused a delay of three months. She admitted not eating pork, but attributed this to medical advice, for a disease communicated to her by her husband, which she desired to conceal. Little stress was laid on the other charges and she strenuously asserted her orthodoxy. Of the twelve witnesses against her she identified six, but her effort to disable them for enmity failed, except as regarded the two most damaging ones, Collados and Diego Hernández. Of thirteen witnesses for character, consisting of ecclesiastics and neighbors, all but one—who professed ignorance—gave emphatic testimony as to her being a good Christian, attentive and regular in all religious duties, obedient to the precepts of the Church, and in no way the object of suspicion. There was evidentlynothing to do but to torture her. This, as we have seen above (p. 24) was administered twice, and resulted in her stating that when she was eleven years old her mother had told her not to eat pork and to observe the Sabbath, and she knew this to be against the Christian Law—but, as her mother had died when she was eleven years old, we can not unreasonably doubt its truth. The next day a ratification was obtained in the shape that her not eating pork, changing her chemise and observing the Sabbath, were in pursuance of the Law of Moses as taught her by her mother; she had never mentioned this to anyone, for her father would have killed her and she feared her husband.

On the strength of this, in the consulta de fe, there was one fanatic who voted her relaxation, but the rest agreed upon reconciliation with its disabilities, confiscation and three years of prison and sanbenito, which were duly imposed in an auto of June 13, 1568, but, in a little more than six months, the imprisonment was commuted to spiritual penances, and she was told to go where she chose. Thus, besides the horrors of her trial, she was beggared and ruined for life, and an ineffaceable stain was cast upon her kindred and descendants. What became of the infant born in prison is not recorded, but presumably it was fortunate enough to die. Trivial as may seem the details of such a trial, they are not without importance as a sample of what was occupying the tribunals of all Spain, and they raise the interesting question whether in truth the inquisitors believed what they assumed in the public sentence, that they had been laboring to rescue Elvira from the errors and darkness of her apostasy and to save her soul. The minute points on which the fate of the accused might depend are illustrated by the insistence with which they dwell on her abstinence from pork, on her refusal to eat buttered cakes, on her use of two stewing-pots, and on the time at which she changed her chemise and baked her bread.[669]

ERADICATION OF JUDAISM

Subjected, on the one hand, to the ceaseless espionage of servants and neighbors and, on the other, to the pitiless zeal of the tribunals, even the heroic obstinacy of Judaism, which had triumphed over the countless miseries of the Dispersion, gradually succumbed to this all-pervading persecution, so ceaselessly and relentlessly applied. As generation succeeded generation, with no hope of relief, this unremitting pressure seemed graduallyto be attaining its object. The prosecutions for Judaism commenced to diminish sensibly. Valencia had a large converso population and, during the first quarter of the sixteenth century, the trials averaged between thirty and forty a year. Then came the enforced baptism of the Moors, who for some time furnished a predominant contingent. The latter were temporarily released from inquisitorial jurisdiction in 1540, and, during the three years, 1541, 1542 and 1543, there was not a single trial for heresy. In 1546 they were again relieved from the Inquisition and, in the following sixteen years, until 1562, the total number of trials for heresy was but forty-eight—in fact, in the ten years between 1550 and 1560, there were but two, showing that Judaism there had almost ceased to be the object of inquisitorial activity.[670]In Toledo, which included Madrid, during the sixteen years, 1575-1590 inclusive, there were but twenty-three cases.[671]In 1565, an auto at Seville presented seventy-four penitents without one Judaizer, and there were none in a Cuenca auto of 1585 in which figured twenty-one Moriscos.[672]Even as early as 1558, when the Suprema was magnifying its services to obtain from Paul IV the grant of prebends, it admitted that for some years there had been but few Judaizers found, but it alluded vaguely to some recent discoveries of them in Murcia, who would soon be punished.[673]In fact, not long afterward, Paolo Tiepolo, the Venetian envoy, alludes to the arrest in Murcia of a large number of Jews.[674]

Coincident with this diminution of material for persecution, there seems to have been a disposition to resort to milder methods, attributable perhaps to an expectation that Judaism would ere long disappear. In 1567, Pius V, at the request of Philip II, empowered Inquisitor-general Espinosa, for three years, to have the Judaizing New Christians of Murcia and Alcaraz absolved, either publicly or privately, with a salutary and benignant, but not pecuniary, penance; clerics, however, were not to be habilitated to obtain orders or benefices.[675]There is a story that Dom João Soares, Bishop of Coimbra, after the Council of Trent, madea pilgrimage to Jerusalem, in the course of which, at Cyprus, he met many Spanish and Portuguese refugees, from whom he gathered information which he communicated to the tribunal of Llerena, resulting in the detection of many Judaizers in Extremadura.[676]They were treated like those of Murcia, for Philip, in 1573, obtained from Gregory XIII a brief similar to that of 1567, for the benefit of the Judaizers of the district of Llerena, except that the faculty was limited to one year.[677]Even greater privileges were granted, in a brief obtained by Philip, in 1597, to the Judaizers of Ecija and its district, for not only were they to be absolved like those of Murcia, but all prisoners under trial were to enjoy the benefit of the pardon, with no note of infamy on themselves or their descendants, and this time of grace was to endure for four years.[678]These may not have been the only instances of such favors, and they indicate a tendency towards an entire change of policy. That there was hopefulness that the Inquisition was accomplishing its work is seen in a careful state paper drawn up for the Suprema, in 1595, by a distinguished prelate, Juan Bautista Pérez, Bishop of Segorbe, who felt justified in assuming that the baptized Jews remaining in Spain, after the expulsion of 1492, had now become good Christians, except one here and there, and that their Law was forgotten.[679]

INQUISITION OF PORTUGAL

In this the good bishop was careful to limit his praise to the descendants of those who had been baptized a century before,three full generations having passed under the chastening hands of the Holy Office. He evidently was aware that a new factor had been injected into the religious problem—a factor which was to give the Inquisition occupation for nearly a century and a half more. This was due to the conquest of Portugal by Philip II, in 1580. Although the union of the two kingdoms was merely dynastic, and their separate organizations were preserved, the facility of intercourse which followed led to a large emigration of New Christians from the poorer to the richer land. They had not been exposed as long as their Spanish brethren to inquisitorial rigor and, for the most part, they were crypto-Jews. The fresh justification which they afforded for the activity of the Inquisition, after the suppression of spasmodic Protestantism and the expulsion of the Moriscos, and the part which they played in Spanish Judaism seem to require a brief review of the curious history of the early Portuguese Inquisition. It also affords an insight into the relations between the New Christians and the Holy See, and thus throws a reflected light on the struggles of Ferdinand and Charles V with the curia.[680]

We have seen (Vol. I, pp. 137, 140) the reception by João II of the multitudes who flocked to Portugal at the time of the expulsion and their kindly treatment by King Manoel at his accession in 1495. In contracting marriage, however, with Isabella, daughter of Ferdinand and Isabella, the condition was imposed on him of expelling all refugees who had been condemned by the Spanish Inquisition and, under this impulsion, seconded by his confessor the Frade Jorje Vogado, he issued a general edict of expulsion, excepting children under fourteen, who were torn from their parents—a measure which caused the most deplorable distress, many of the Jews slaying their offspring rather than surrender them to be brought up as Christians. By various devices the departure of the exiled was delayed, until after the time when they incurred the alternative of slavery, and thus they were coerced to accept baptism. To temper this, Manoel granted, May 30, 1497, that for twenty years they should be exempt from persecution;that subsequently all accusations of Judaism should be brought within twenty days of the acts charged; that the trial should be conducted under ordinary secular procedure, and that confiscations should enure to the heirs. Moreover, he promised never to legislate for them as a distinct race.[681]

This latter pledge was soon broken, by edicts of April 21 and 22, 1499, forbidding them to leave the kingdom without royal permission and prohibiting the purchase from them of lands or bills of exchange. Popular aversion increased and culminated in the awful Lisbon massacre of 1506. This wrought a revulsion of feeling; in 1507 the restrictive laws of 1499 were repealed; the New Christians were allowed freely to trade and to come and go; they were in all things assimilated to the natives, and were entitled to the common law of the land. In 1512 the twenty years’ exemption was extended to 1534, and although, in 1515, Dom Manoel applied to Leo X for the introduction of the Inquisition, on the request being delayed the matter was dropped and was not revived. Until Manoel’s death, in 1521, the New Christians thus enjoyed toleration and flourished accordingly. They grew rich and prosperous, they intermarried with the noblest houses, and they largely entered the Church. Externally their religious observance was unimpeachable, and Portugal naturally became a haven of refuge for Spanish Conversos, nor is it likely that the restrictions on such immigration, enacted in 1503, were rigidly observed.[682]

INQUISITION OF PORTUGAL

His successor, Dom João III, a youth of 20, was a fanatic of narrow mind and limited intelligence, but the influence of Manoel’s counsellors, who continued in the direction of affairs, procured, between 1522 and 1524, the confirmation of the privileges granted by the late king. Ecclesiastical pressure and popular prejudice, however, made themselves felt and, in 1524, a secret inquest brought the testimony of parish priests that the New Christians were suspected of being Christians only in name.[683]Then João’s marriage, in 1525, with Catalina, sister of Charles V—the only Portuguese queen admitted to a seat in the Council of State—brought a powerful influence to bear; the growing strength ofthese tendencies gradually overcame considerations of plighted faith and, early in 1531, Dr. Brás Neto, the ambassador at Rome, was instructed to procure secretly from Clement VII briefs establishing in Portugal an Inquisition on the Spanish model. We have seen in Spain the objections of the Holy See to the royal control of the institution and to the abandonment of all share in the confiscations, and these probably explain the delays which postponed, until December 17th, the issue of a brief conferring on the royal nominee, Frade Diogo da Silva, the requisite faculties as inquisitor-general. This was followed, January 13, 1532 by one ordering him to assume the office; the two reached Lisbon in February, but it seems to have been feared that their publication would lead to an immediate exodus of the New Christians, and they were kept secret until laws could be framed reviving, with additional rigor, the edicts of 1499, prohibiting, for three years, departure from the kingdom, the sale of real estate and the negotiation of bills of exchange. These were issued June 14th, after which there was a pause, explicable only by the lavish employment of money in both Lisbon and Rome. The New Christians evidently had obtained knowledge of the threatened measure; much of the active capital of the kingdom was in their hands, and the danger called for energetic work and sacrifice. A fitting emissary to Rome was found in Duarte da Paz, a Converso of no ordinary ability, energy and audacity; the king was entrusting him with a mission beyond the borders, under cover of which he made his way to the papal court, where for ten years he continued to act as agent for his fellows. Then, in September, there came Marco della Rovere, Bishop of Sinigaglia, sent as nuncio on this special business, who was speedily bought by the New Christians, and they probably won over by the same means the Frade Diogo da Silva, who complicated matters irretrievably by refusing to accept the office of inquisitor-general. Duarte da Paz also was not idle, and the confusion became inextricable when, by a brief of October 17th, Clement VII suspended temporarily the one of the previous December, and prohibited not only da Silva but all bishops from proceeding inquisitorially against the New Christians.[684]

As we have seen in Spain, the curia recognized that here was a numerous and wealthy class of heretics, to whom it could sellprotection and then abandon them, until their fears or their sufferings should produce a new harvest. This speculation in human agony was all the more undisguised and lucrative that Portugal was a comparatively feeble kingdom, which could be treated with much less ceremony than Spain, and João III a man of wholly different type from Ferdinand or Charles V, while his invincible determination to have an Inquisition in his realm prolonged the struggle and rendered especially productive the game of inclining to either side by turns. This was so self-evident that João almost openly reproached Clement VII with it, and the committee of Cardinals entrusted with the conduct of the affair rejoined that inquisitors were ministers of Satan and inquisitorial procedure a denial of justice.[685]

João’s reproaches were justified when Clement, by a brief of April 7, 1533, granted what was virtually a pardon for all past offences, without disability to hold office in Church or State, while those defamed for heresy could justify themselves before the nuncio—a function which he turned to account for, when recalled in 1536, he was said to have carried with him to Rome some thirty thousand crowns. João threw obstacles in the way of the execution of this brief, which called forth from Clement, in July and October, strenuous orders for its enforcement, followed by another of December 18th suspending it. It became the subject of active negotiation and Cardinal Pucci or Santiquatro, the “protector” of Portugal, suggested that it might be modified and, in the guise of fines, some twenty or thirty thousand ducats be extorted from the New Christians, to be divided with the pope. In transmitting this proposal, Henrique de Meneses, the Portuguese ambassador, added that nothing could be done in the curia without money, for this was all they wanted, and that Clement was dissatisfied with João because he had received nothing from him. Clement, however, who was rapidly approaching his end, on July 26th, ordered the nuncio to overcome by excommunication all opposition to the pardon and forbade all prosecution for past heresies, moved to this, as Santiquatro told Paul III, by his confessor, who insisted that, as he had received the money of the New Christians, he was bound to protect them.[686]

INQUISITION OF PORTUGAL

Clement died, September 25, 1534, and the struggle was renewedunder Paul III, who referred the matter to a commission, and meanwhile suspended the pardon-brief but ordered that all prosecutions must cease, for an active episcopal inquisition had been organized, which continued its operations in spite of the papal commands. The commission reported in favor of the pardon-brief and of an Inquisition under limitations, with appeals to Rome. João refused to accept this, and a lull in the negotiations occurred, during which the nuncio della Rovere entered into a contract with the New Christians, dated April 24, 1535, under which they promised to pay to Paul III thirty thousand ducats if he would prohibit the Inquisition, confining prosecution to the bishops, who should be limited to ordinary criminal procedure; smaller sums moreover were provided for less desirable concessions. The curia honestly endeavored to earn the money, and made several propositions to João, which he rejected; then, on November 3d, a bull was solemnly published in Rome, renewing the pardon-brief, annulling all trials, releasing all prisoners, recalling all exiles, removing all disabilities, suspending all confiscations, prohibiting all future prosecutions for past offences, and enforcing these provisions by excommunication.[687]

In this Rome held that it had fulfilled its part of the bargain, but the New Christians thought otherwise; they declined to pay the full amount, and della Rovere was not able—at least so he said—to remit more than five thousand ducats. This parsimony came at an unfortunate moment. Charles V was in Rome, radiant with the glory of his Tunisian conquest, and warmly supporting the demands of his brother-in-law. The result of this was seen in a brief of May 23, 1536, which constituted an Inquisition on the Spanish model, except that for three years the forms of secular law were to be observed, and for ten years confiscations were to pass to the heirs of the convicts. Diogo da Silva was to be inquisitor-general, with the right of the king to appoint an associate. Diogo was solemnly invested with his office, October 5th, and the brief was published on the 22d.[688]

This probably taught the New Christians a lesson on the subject of ill-timed economy for a brief of January 9, 1537, addressedto Girolamo Recanati Capodiferro, a new nuncio appointed for Portugal, gave him complete appellate power, even to evoking cases on trial and deciding them, while a supplementary brief of February 7th authorized him to suspend the Inquisition. His instructions also required him to labor vigorously for the repeal of the law prohibiting expatriation, and this was emphasized by a brief of August 31st threatening excommunication and suspension for any interference with those leaving the kingdom to carry their grievances and appeals to Rome.[689]These appeals were a source of large profit to the curia, which sold at round prices absolutions and exemptions to all applicants; the tribunals threw all possible obstacles in the way of this traffic and it was important to Rome to keep open the course of the golden stream. At the moment it was of less interest to the New Christians, for Capodiferro was as venal as his predecessor and exploited his large powers to the utmost, selling absolutions and pardons for what he could get. As João asserted, in a letter of August 4, 1539, his scandalous traffic had rendered the Judaizers so sure of impunity that they sinned with audacity. While demanding his recall, the king sought to curb him by appointing his brother Dom Henrique, a young man of 27, to the vacant post of additional inquisitor-general. Henrique was Archbishop of Braga, a post which he resigned in favor of Diogo da Silva, who retired from the inquisitor-generalship, and Henrique remained, until his death in 1580, at the head of the Inquisition. At the moment the plan was of little avail, as Capodiferro treated him with imperious arrogance, and even called in question his powers owing to defect in age, and Paul III refused to confirm him.[690]

INQUISITION OF PORTUGAL

Paul yielded in so far to João’s urgency as to promise that Capodiferro should leave Portugal on November 1st. At the same time, as the three years were about to expire during which the Inquisition was restricted to secular procedure, he listened to the supplications of the New Christians and in the bullPastoris æterni, October 12, 1539, he modified in many ways the inquisitorial process, so as to limit its powers of injustice and to provide ample opportunity of appeals to Rome. A leading clause was that witnesses’ names were only to be suppressed when grave dangers to them were to be apprehended. Through the treacheryof a courier employed by the New Christians, this bull did not reach Lisbon until December 1st. Capodiferro delayed his departure until December 15th, and then left Lisbon without publishing it, because, as Mascarenhas the Portuguese ambassador reported, the New Christians refused to pay the extortionate price demanded for it. Mascarenhas intimates that the pope was privy to this, which is not unlikely, for Capodiferro was received with all favor. He and della Rovere were placed in charge of the affairs of the Portuguese Inquisition; he was soon afterwards promoted to the great office of Datary, and eventually reached the cardinalate. His nunciature had not proved as profitable as he had expected, for he lost fifteen thousand cruzados at sea, and brought with him to Rome only as much more. On his arrival in Portugal he had demanded of the New Christians two thousand cruzados to start with, and was regularly paid by them eighteen hundred per annum during his stay, and this in addition to his pardon traffic. There was nothing unusual in this. In 1554, Julius III, in a moment of wrathful candor, told the Portuguese ambassador that nuncios were sent there to enrich themselves as a reward for previous services.[691]

With the return of Capodiferro, after a little diplomatic sparring, Paul III dropped the whole question for nearly two years. João was quite content; the three years’ limitation to secular procedure had expired, the bullPastoris æternihad not been published, the Inquisition had full swing, and its activity began to rival that of Spain. Its first auto de fe was celebrated in Lisbon, September 20, 1540, with twenty-three penitents and no relaxations and was speedily followed by others.[692]It is not until December2, 1541 that Christovão de Sousa, then ambassador, refers to the New Christians who, he says, were earnestly at work to have another nuncio sent, and he had had a thousand discussions over it with the pope whose intention was fixed, because so many were burnt and so many thousands more were in prison. The New Christians offered to pay eight or ten thousand cruzados to the pope, and two hundred and fifty a month to the nuncio. At a subsequent audience, Paul said that the nuncio would have a salary of a hundred cruzados a month, to which the New Christians could add a hundred and fifty, thus raising him above the temptation of bribery, to which Sousa rejoined that this would convert him from their judge to their advocate. Then, on a later occasion, he read a remonstrance from the king so vigorous that the pope walked up and down the room, crossing himself and saying that it was the work of the devil. Sousa replied by dwelling on the misdeeds of preceding nuncios, and even offered to let the Inquisition be withdrawn if it would relieve the kingdom from the evil of a nuncio.[693]

INQUISITION OF PORTUGAL

Further discussion was abruptly terminated by an explosion. Miguel da Silva, Bishop of Viseu and minister of João, a man of high culture, had been ambassador at Rome in the time of Leo X, and had formed lasting friendships with the future Clement VII and Paul III. He had recently fallen into disfavor at court and was about to be arrested, when he fled and found refuge in Italy. João tried to entice him back with flattering letters, while employing, as Silva says, bravos to follow and assassinate him. Paul could wound the king in no more sensitive spot than by announcing, as he did on December 2, 1541, Silva’s appointment as cardinal. João’s rage was unbounded; he promptly deprived the new cardinal not only of his offices and temporalities, but of his citizenship, thus rendering him an outlaw and, on January 24, 1542, a special courier carried to Sousa peremptory orders to leave Rome as soon as he could present his letters of recall. His report of the mannerin which this abrupt sundering of relations was received indicates that it gave rise to fears that Portugal was about to withdraw from the Roman obedience.[694]

This deprived the New Christians of such aid as they had purchased in Rome and left Henrique in peaceable possession of the inquisitorship, which he improved by establishing six tribunals—Lisbon, Evora, Coimbra, Lamego, Porto and Thomar—of which the first three remained permanent and the others were subsequently discontinued as superfluous.[695]On the other hand, Paul III persevered in his intention to inflict another nuncio on Portugal, and appointed to that post Luigi Lippomano, coadjutor-bishop of Bergamo. An intercepted letter of Diogo Fernandez, the Roman agent of the New Christians May 18, 1542, shows the anxiety with which his coming was awaited and throws light on their relations with the curia. He is expecting the money with which to pay the thousand cruzados to the nuncio, who demands it at once, although his orders were not to pay it until Lippomano was outside the walls of Rome. Every one is clamoring for money, until he is near losing his senses. He has agreed to pay a hundred and forty cruzados apiece for the pardons of Pero de Noronha and Maria Thomaz, which he sends, and asks for an immediate remittance. Then, on the 19th, he adds that he has that day been compelled to pay the thousand cruzados to the nuncio; he has raised the amount by giving security and, though he has disobeyed orders, he prays that the money be sent, as without it all their labor and expense would be wasted. A postscript on the 20th alludes to a general pardon which the pope had agreed to grant at a future time. People, he says, are wasting their money in getting special letters; the pope prefers that it should all be done in a general provision, to which all should contribute, and it is the most important of all things to accomplish. It would appear from the case of Antonio Fernandez of Coimbra that, when letters of exemption were obtained, the king promptly banished the recipients, who then procured fresh letters requiring the king to grant them safe-conducts and permission to sell their property, real and personal.[696]

João wrote to Lippomano not to come, and he persisted in thisagainst the entreaties of Charles V. Nevertheless the nuncio set out, and we hear of him in Aragon in August, where he encountered the Portuguese treasurer sent to detain him. The latter was fully aware of the payment of the thousand ducats and of the monthly stipend, as to all of which the nuncio professed the most innocent ignorance, and he further stated that the intercepted letters showed that Cardinal Silva was to receive two hundred and fifty crowns a month to act as “protector” of the Jews. Nevertheless the treasurer was finally persuaded to write favorably to his master, and Lippomano resumed his journey towards Valladolid.[697]João refused to be placated. On learning that the nuncio had reached Castile he wrote ordering him to advance no further until he should hear from the pope, to whom, on September 18th, he addressed a vigorous letter, demanding that no nuncio should be sent to interfere with the Inquisition; he was not actuated, he said, by greed, for there was no confiscation, and indeed, from another source we have the assertion that the maintenance of the Inquisition was costing him ten or eleven thousand ducats a year.[698]

INQUISITION OF PORTUGAL

Lippomano had assured the Portuguese treasurer that he did not come to interfere with the Inquisition; that his orders were only to see whether the inquisitors observed justice; if they did not, conscience would require the pope to make the necessary provisions. His secret instructions, however, were of a very different tenor. He was told that he need not hesitate to act with energy, though observing external courtesy, for Portugal was fatally weakened and approaching ruin; the king was completely impoverished, oppressed with debt, at home and abroad, hated by his people, and wholly under the influence of the friars, while his relations with France and with the emperor were unfriendly. As for the Infante Henrique, if he was not to be deprived of the inquisitor-generalship, he must at least seek a dispensation for lack of age, ask absolution for the past and ratify or annul all the preceding trials. As for the Inquisition, it would be a most holy thing to abolish it and commit the jurisdiction to the bishops; the nuncio was furnished with faculties to do this, or to suspend it, and these he was to show openly, that it might be known that this was at his discretion. Meanwhile he could issue letters to allwho asked for them, on their making payment, and even if the price was small the aggregate would be large, as there were fifty thousand of them. The declaratory bull of November 13, (sic) 1539, suppressed by Capodiferro, was to be published without consulting the king; it need not be affixed to the church-doors, but copies could be given to all who asked, so that they could use it when on trial, and Henrique was to be notified that all procedure must conform to it; if he protested, he was to be told that such was the papal will and he could write to the pope if he so chose. Lippomano was finally told that pressure of all kinds would be brought to bear on him, but he must be firm and remind them that he had power to abolish the whole institution. Whatever we may think of João’s blind fanaticism, we cannot wonder at his objection to admitting in his kingdom an emissary who came to set him at defiance and to upset all his most cherished plans. On the other hand, a letter in December, from the spokesman of the New Christians to their Roman agent, remitting to him two thousand cruzados, depicts their agonized anxiety for the coming of the nuncio; it will be their salvation and his absence is their destruction; it is useless to spend money on briefs when there is no one to enforce them.[699]They might well feel desperate, for the Inquisition was active and unsparing. At an auto held in Lisbon, October 14, 1542, there appeared a hundred culprits, of whom twenty were relaxed and João de Mello, in reporting this to the king, complained that it left the prisons still crowded with those on trial. Nor was this all, for Herculano gives a terrible picture, full of revolting details, of the atrocities perpetrated everywhere, such as we have seen set forth in the memorials of Llerena and Jaen.[700]

Although ignorant of the nuncio’s instructions, João persisted in refusing him admittance, until he should have an answer to his letter of September 18th. This was long in coming, and Lippomano vainly complained of the disrespect to the Holy See shown in making him wander from one tavern to another. For awhile he remained in Salamanca and then, on false news that he would be received, he went to Badajoz, only to find the frontier closed to him, and there he was forced to stay, for some months, hopeless and querulous.[701]Meanwhile, Francisco Botelho, who had beensent with João’s letter, was conferring with the pope, who blandly assured him that Lippomano’s mission was only to notify the king of the approaching convocation of the Council of Trent. At length it was arranged that he should confine himself to this, and to such other matters as the king should permit. A brief to this effect, satisfactory to the Portuguese agents, was framed and despatched from Rome November 3d. It can scarce have reached Portugal before the early months of 1543 for a letter of João of March 2d mentions its arrival and his satisfaction at the settlement, in which he hopes that the pope’s acts may correspond with his words. Lippomano, thus shorn of his powers and with no financial prospect before him, was anxious for his recall, but he was not permitted to return until the close of 1544; he obeyed the final instructions and abstained from aiding the New Christians.[702]

Possibly Paul’s yielding in this may be explained by a negotiation on foot early in 1543. Through the Cardinal of Burgos, it was proposed to João that the pope would concede to Portugal an Inquisition identical with that of Castile, if, for a term of years, one half of the confiscations should belong to the Holy See. This cold-blooded offer to sell out the New Christians shows how purely mercantile had been the fluctuating protection accorded to them hitherto, and it was met by João in the same spirit. Protesting that he had never sought for gain in his efforts to serve God, he instructed his envoy that he might agree to three years, but must endeavor to reduce the papal share to a quarter.[703]The attempted bargain came to naught, but Rome was apprehensive that Portugal might follow the example of England, and João was propitiated with a renewed offer of a cardinal’s hat for the Infante Henrique. To this he at first replied surlily, that when he had asked for it, it had been given to Silva, and now that he had not asked, it did not seem fitting to accept it. Subsequently, however, he assented and, in December, 1545, Henrique received the honor. Moreover, in October, 1543, a signal favor was granted to the Inquisition, by a perpetual brief empowering the officials to enjoy the fruits of beneficesin absentia, although, as we have seen, in Spain the grant was only quinquennial. It is true that this was not wholly gratuitous, for it cost two hundred and fifty cruzados in addition to the regular fees of seventy.[704]

INQUISITION OF PORTUGAL

The Inquisition was assisted in another way. Through the subsidized Cardinal of Paris, the Portuguese ambassador, Balthasar de Faria, was enabled to inspect all papal letters granted to New Christians. In a letter of February 18, 1544, he describes the use made of this information, for he opposed each one, and it was fought over bitterly, the unfortunate pope being assailed on both sides and driven to change his decisions repeatedly, as the rival influences prevailed. Information, moreover, was sent in advance to Henrique, so as to enable him to forestall the papal graces or render them ineffective. Henrique was instructed to disregard as surreptitious everything that Faria had not seen, to appeal to the pope and to report to Faria, for this was the way that the Castilian inquisitors managed. It was a kind of guerrilla warfare, in the interval of the greater struggles.[705]

One of these conflicts was close at hand. Paul III resolved to send another nuncio, charged with the duty of wrenching from the king Cardinal Silva’s temporalities and of moderating the severity of the Inquisition. For this he selected Giovanni Ricci da Montepulciano who, at the same time, was advanced to the archbishopric of Siponto. Faria flattered himself that he had succeeded in postponing the nuncio’s departure till the king should be heard from, but in spite of this Ricci started July 17, 1544.[706]He travelled leisurely and did not reach Valladolid until November 5th, where he found awaiting him Christovão de Castro with letters from the king forbidding his admittance. He succeeded in making de Castro believe that he had no instructions concerning Silva or the Inquisition that would offend the king, who accordingly wrote November 28th, cautiously admitting him under these presumptions. It so chanced however that, before the courier started with this letter, Lippomano, who was still acting as nuncio, received and affixed at the church doors a papal brief of September 22d, inhibiting all inquisitors and ecclesiastical judges from executing any sentences pronounced on New Christians, or from proceeding to sentence in any cases, until Ricci should arrive, investigate and report as to the conduct of the Inquisition, after which the papal pleasure should be made known. This settled the question; copies of the brief were sent to de Castro to justify to the Spanish court the absolute refusal to admit Ricci untilJoão should have an answer to letters demanding explanation and reparation, despatched by a special courier. At the same time the brief was obeyed, for there were no more autos after June, 1544, until 1548.[707]

Considering all that had occurred during the past ten years, there was an inexcusable aggravation about all this, which it is difficult to understand in the absence of information as to the secret working of the New Christians in Rome, unless it was to convince João that he would have to pay roundly for the pleasure of persecuting his subjects. He exhaled his wrath in one or two letters to Balthasar de Faria and, on January 13, 1545, he despatched Simão da Veiga in hot haste with instructions to demand the installation of the Inquisition in satisfaction of the royal grievances; the recent brief must be revoked, and Ricci must come under the limitations imposed on his predecessor and must say nothing about Cardinal Silva. A prolix letter to the pope, to be read in consistory, was free-spoken but not intemperate and, considering the provocation, was much more moderate than the papal duplicity had deserved.[708]

INQUISITION OF PORTUGAL

This letter remained unanswered for nearly six months, during which another experiment was tried on João’s credulity. Cardinal Sforza, one of the papal grandsons, wrote in the name of the pope that, if the nuncio was admitted, all that he asked for the Inquisition would be conceded, and Cardinal Crescenzio confirmed this verbally. With natural distrust, however, the king asked to have Paul himself ratify this to Faria, and then he would admit Ricci. As late as June 22, 1545, he was writing in this sense, not knowing that on June 16th the pope had responded to his letter in a brief in which, with exasperating affectation of benignity, he pardoned João’s asperity; against João’s assertions of the wickedness of the New Christians and the mildness of the Inquisition, he set the constant complaints reaching him of its cruelty and injustice, and the numerous burnings of the innocent; as it was under his jurisdiction, he was responsible and he could not forego the duty of investigating the truth of these conflicting statements; there was also the spoliation of Cardinal Silva which must be redressed. The brief closed with the significant threatthat, if these matters were not remedied, he could not expose himself before Almighty God to the charge of negligence in an affair of such moment.[709]

The devious ways of the papal court are hard to follow. Four days before the date of this brief, on June 12th, Cardinal Sforza sent to João the written assurance that was demanded, promising that if he would admit the nuncio, the pope would grant all that he desired as to the Inquisition. On receiving this in August, the king at once replied that, in reliance on the cardinal’s assurances, he would permit Ricci to enter Portugal and he asked to have the necessary bull made out and sent by Simão da Veiga. At the same time he gave Ricci permission to come, cautiously adding that it must be under the limitations imposed on Lippomano. Ricci, detained by sickness, did not arrive until September 9th, and then he was the bearer of the minatory brief of June 16th. That João was thunderstruck may well be believed and he wrote to his envoys that he knew not what to say.[710]

The pope sought a compromise, offering to revoke the brief of September 22, 1544, and that, after the nuncio had reported, he would leave everything in the king’s hands, but he refused to carry out the promises of Cardinal Sforza. No answer was given to this, but the brief of revocation was made out and reached Ricci, January 18, 1546, accompanied with one empowering him to act in case he discovered abuses in the Inquisition, but the only investigation that João would permit was that he should examine the papers in four or five cases and interrogate the inquisitor concerning them. The first case submitted was that of a septuagenarian, burnt some years before. He was one of those who had been converted by force; he had at once confessed more than had been testified against him, and had begged for mercy. Ricci asked the inquisitor, João de Mello, why he had burnt him, as this was not a case of relapse, to which Mello replied that his repentance was simulated because he had varied in the three examinations, but on investigating the record the variations were found to be trifling. Ricci asked for a copy of the process to send to Rome, and it was promised but not given. His report was naturally adverse to the Inquisition and the pope, assuming that the brief of 1536 had established it for ten years only, notified João thatthe term had expired: in deference to him it was prolonged for a year, but he was told that, within that time, the question as to the New Christians must be definitely settled; it was suggested that a general pardon could be granted, or that he could banish them all from his kingdom.[711]

We may fairly assume that, in such a crisis as this, the gold of the New Christians had not been spared in Lisbon or in Rome. João evidently felt that the turning-point had come and that some supreme effort must be made to outbid his subjects. He had not been niggardly, on his side, in responding to the urgent calls of his ambassadors for liberality towards the cardinals. Cardinal Farnese, the favorite grandson of Paul III, and the most influential member of the Sacred College, had a pension from him of thirty-two hundred cruzados, assigned in 1544 equally on the sees of Braga and Coimbra to assure its continuance: at a critical moment, in 1545, the arrearages and two years in advance were paid to him, in a lump sum of thirteen thousand cruzados. So little reserve was there in these matters that, after the death of Cardinal Santiquatro, the “protector” of Portugal, João actually suggested the employment of Paul III as his successor, pointing out the large “propinas” that would enure to him from certain provisions as to bishops which the king was soliciting. For these and for the payment to Farnese, he forwarded bills of exchange for thirty-three thousand cruzados. Julius III was as mercenary as his predecessor. In 1551 João, in response to a hint that a present was desirable, sent him a magnificent diamond, valued by the Roman jewellers at a hundred thousand cruzados. Julius was greatly pleased and declared that he would make it an heirloom in his family, but when the next year he intimated that another gift would be acceptable, João, who was dissatisfied with him at the time, refused to respond, saying that when the pope acceded to his demands to make Henrique perpetual legate it would be time to think of giving him something. This brought Julius to terms; in 1553 the appointment was made and in 1554 João sent him a brooch.[712]


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