The tribunal was expected to become self-supporting, from confiscations, fines and pecuniary penances, but this required time and meanwhile Philip granted it a subvention from the royal treasury, to continue during his pleasure, of 10,000 pesos per annum, being 3000 each for two inquisitors and a fiscal and 1000 for a notary. Although the tribunal started with but one inquisitor, the thrifty receiver, or treasurer, collected the salaries of two and, when called to account, claimed that he spent the money on the maintenance of poor prisoners. The treasury officials had no authority to allow this and refused further disbursements till the amount was made good but, when Philip was appealed to, he ordered, by a cédula of December 23, 1574, the receiver’s claim to be allowed.[422]Thus early began the long-continued bickering between the Holy Office and the treasury, which Philip had already, in 1572, endeavored to quiet by instructing the inquisitors to obtain their salaries direct from the viceroy andnot from subordinates, whom he forbade them to prosecute or excommunicate for the purpose of enforcing their demands.[423]
While Philip had provided liberally for the superior officials, he had taken no thought of the minor positions and, in spite of the solemnity of the autos de fe and the successful persecution of heresy, the internal working of the tribunal was pursued under difficulties, in the absence of resources from confiscations. A curious insight into these troubles is afforded by some correspondence of 1583 with Inquisitor-general Quiroga by the two inquisitors, Santos García and Bonilla. It seems that theirporteroor apparitor, Pedro de Fonseca, had exhibited to them a commission, which he had secretly obtained from Quiroga, promoting him to the post of notary of sequestrations. They met this piece of jobbery with the favorite inquisitorial formula—obedecer y no cumplir, obeying without executing—for they say they obeyed it without admitting him to the office until they could consult the cardinal. This notariate, they say, is the least necessary of offices, as there are no sequestrations or confiscations, and they have no other portero and no money wherewith to pay a substitute: besides, Pedro is destitute of all qualifications for the position. If a good salary could be assured, proper persons would apply for the position but, in the absence of salaries, the offices have not a good reputation and people say they are bestowed on any one who will accept them. In view of the poverty of the tribunal and small prospect of improvement they repeat what they had previously said that, if the king will not provide for it, it had better be abolished rather than maintained precariously, with the officers relying on the hope of confiscations that never come, so that one resigns today and another tomorrow, leaving only the alcaide and portero, who are so poor that they would also have gone if they saw other means of escaping their creditors. It is therefore suggested that, in addition to the two inquisitors, the fiscal and the notary, salaries be furnished of 600 ducats for an alguazil, 500 for an alcaide orgaoler and 400 for a messenger—or otherwise that, as in Spain, a canonry be suppressed for the benefit of the Inquisition, in each of the eleven bishoprics of the district, though this would have its disadvantages in view of the poverty of the churches and paucity of ministers. Then, in another letter the inquisitors announce that they have filled the vacant post of alguazil by appointing Don Pedro de Villegas, for whom they ask Quiroga to send a commission; it is true, they say, that he is too young, but then both he and his wife arelimpio—free from any taint of heretic blood—and he has the indispensable qualification of possessing means to live on without a salary and that, in the present condition of the Inquisition, is the main thing to be considered.[424]
It is an emphatic testimony to the exhaustion of the royal treasury that so pious a monarch as Philip II should have shown indifference to this deplorable condition of a tribunal which had already given evidence so conspicuous of its services to the faith, but he remained deaf to all appeals and it was left to struggle on as best it could. As the number of its reconciled penitents increased it felt the need of acarcel perpetuaor penitential prison, for their confinement and, having no funds wherewith to purchase a building, it besieged the Marquis of Monterey, the viceroy, for an appropriation. In 1596 he yielded in so far as to authorize the treasurer to lend the tribunal 2000 pesos, on its giving security to return the money in case the royal approbation should not be had within two years. The term elapsed without it, but Philip III, September 13, 1599, graciously approved the expenditure, at the same time warning the viceroy not to repeat such liberality without previous permission.[425]Even though the monarchs were thus niggardly, there were advantages in serving the Inquisition which in many cases answered in lieu of salary, for official position conferred thefueroor right to the jurisdiction of the Inquisition as well as substantial exemptions. As early as 1572, Philip II decreed that, during the royal pleasure, the inquisitors,the fiscal, the judge of confiscations, one secretary, one receiver, one messenger and the alcaide of the secret prison should be exempt from taxation and the royal officials were ordered, under penalty of a thousand ducats and punishment at the king’s pleasure, to observe this and protect them in all the honors and exemptions which such officials enjoyed in Spain.[426]
A further, although illegal, relief was found by sharing in therepartimientosunder which the Indians were allotted to Spaniards who lived upon their enforced labor. It is to this cruel system that Las Casas, Mendieta and Torquemada attribute the rapid wasting away of the natives and the hatred which they bore to the Spaniards. Among other attempts to diminish the evils arising from the system, repeated laws of 1530, 1532, 1542, 1551 and 1563 prohibited the allotment of Indians to any officials or to prelates, clerics, religious houses, hospitals, fraternities, etc. In spite of this, as soon as the Inquisition was established, it claimed and was allowed its quota in the allotments. It watched vigilantly, moreover, to see that it was not defrauded in any way, for one of its earliest recorded acts, in 1572, was the prosecution of Diego de Molina, therepartidor de los Indiosof San Juan, because, in allotting the Indians of that place, the twelve assigned to the Inquisition proved to be boys and incapables, while the useful ones, who could be hired out advantageously, such as carpenters and masons, he gave for bribes to others. He was mercifully let off with five days’ imprisonment and a forcible warning and doubtless served as a wholesome example to other partitioners.[427]Like most of the salutary legislation of Spain, it seems to have been impossible to enforce the prohibition, and that the Inquisition continued to enjoy the unpaid service of Indianserfs is manifested by its being specifically included in subsequent repetitions of the law in 1609, 1627 and 1635.[428]
When, as we have seen, the Judaizers commenced to appear among the penitents in the autos de fe, the longed-for relief derivable from confiscations, fines and penances was at hand. Spanish finance was already suffering the distress which was to become so acute and the treasury naturally looked to find its burden lightened by the income from these sources. It looked in vain, for whatever the tribunal acquired from its victims it retained and it persisted, with incredible audacity, in refusing even to render an account, although the confiscations belonged to the crown which never renounced its claim to them. In 1618 a royal cédula required the receiver to render itemized statements of all receipts and expenditures; in 1621 Philip IV sought to enforce this by ordering his viceroys in the Indies not to pay salaries until proof should be furnished that the confiscations were insufficient to meet them in whole or in part, and this was to be observed inviolably, no matter what urgency there might be, but repetitions of the decree, in 1624 and 1629, show how completely it was ignored.[429]Not the slightest attention was paid to these repeated royal commands and, to the last, the Inquisition never permitted either the king or the Council of Indies to know what it acquired in this manner, although the sums were large and the tribunal became wealthy through investments of the surplus, besides making, with more or less regularity, very considerable remittances to the Suprema.
Finding himself thus baffled by the immovable resistance of the Holy Office, Philip, in 1627, sought to relieve his treasury by despoiling the Church. He reported to Urban VIII that he expended 32,000 ducats a year on the tribunals of Mexico, Lima and Cartagena, wherefore he prayed that the bull of Paul IV, January 7, 1559, suppressing a prebend in every cathedral andcollegial church in Spain, for the benefit of the Inquisition, might be extended to the Indies. Urban complied in a brief of March 10, 1627, whereupon Philip ordered the archbishop and bishops to remit to the senior inquisitors of their respective tribunals the fruits of the prebends as they should fall in, furnishing, at the same time, to the royal officials a statement of the sums thus paid, so that the amount should be deducted from the salaries.[430]Receipts from this source commenced at once and went on increasing as vacancies occurred, amounting, according to the estimate of the Council of Indies, to 30,000 pesos per annum for the three tribunals, while the Suprema admitted that those of Mexico and Lima produced about 11,000 pesos each, but those of Cartagena, it said, yielded only about 5000.[431]
During this time there had been frequent collisions between the inquisitors and the treasury officials, arising from the refusal of the former to reveal the amount of the confiscations and penances and the obedience, more or less persistent, of the latter to the royal commands to require such statements as a condition precedent to paying the royal subvention. In these collisions the inquisitors enforced their demands as usual by prosecution and excommunication, giving rise to unseemly controversiesand, when the Suprema forbade their use of such measures, they were reduced to impotence. In a letter of February 13, 1634, they complained bitterly of this; during 1633, they said, in spite of all their efforts, they received no money until October, after all the royal officials had been paid and, as they had no other means of support, they were exposed to the deepest humiliations.[432]The suppressed canonries, however, introduced an element of pacification and, in the Concordia of 1633, between the Suprema and the Council of Indies, a plan to harmonize differences was agreed upon which was a practical surrender to the Inquisition. It provided that every year, before the firsttercios(four months’ instalments in advance) were paid, the receivers should render a sworn itemized statement of all receipts and expenditures, including confiscations, fines and penances, in accordance with the royal cédulas and, when this was delivered to the viceroy, the tercios should be paid in advance without delay. If the treasury officials should take exception to any portion of the statement, they were to forward it with their comments to the Council of Indies, but this was not to interfere with the prompt payment of the salaries and the inquisitors were to furnish the Suprema with their explanations. If the statement should show a surplus applicable to the salaries, this was, if agreed to by both parties, to be deducted from the second tercio; but if the inquisitors presented any reasons why this tercio should be paid in full, the treasury should pay it and the question be referred for settlement to the two Councils. The inquisitors were not to proceed against the treasury officials with censures or fines or other penalties, but were to apply to the viceroy, to whom positive instructions were sent to pay them punctually, both the arrearages then unpaid and the current salaries, while any fines or penalties that had been imposed were to be withdrawn or, if collected, to be refunded.[433]
This elaborate arrangement is only of importance as showingthat, in spite of the suppressed canonries, the treasury was still required to support the tribunal and that the latter could be bound by no agreements however solemnly entered into. Except at Cartagena it was never carried into effect. No statement of receipts was ever rendered. In 1651, Count Alva de Aliste, the viceroy, reported to Philip IV that he had no means of learning what the confiscations amounted to but, on cautiously sounding the inquisitors, they told him that they reported them to the Suprema and would obey its instructions. They might well keep the facts secret. In the exterminating persecution of the wealthy New Christians, during the decade 1640-50, of which more hereafter, the confiscations were very large, placing the tribunal at its ease for all future time, besides what was embezzled by the inquisitors. The auto of 1646 yielded 38,732 pesos; that of 1647, 148,562. What was gathered in two autos held in 1648 does not appear, but between November 20, 1646, and April 24, 1648, the inquisitors remitted 234,000 pesos in bills of exchange while the crowning auto of 1649 furnished three millions more.[434]In spite of this enormous influx of wealth, the Inquisition still maintained its grip on the royal subvention of 10,000 pesos per annum, though for how long it is impossible to determine with positiveness. In the prolonged controversy which raged between the Suprema and the Council of Indies over the relations of the colonial tribunals, the former, in 1667, positively declared that, after 1633, there had been no subvention paid in Mexico or Lima and this assertion was repeated in 1676, but the statements of the Suprema are so full of duplicity that no reliance can be reposed in them.[435]On the other hand, in 1668, we find the Council of Indies earnestly advising the king to withdraw the subvention on the ground that the tribunals were rich and could supportthemselves, as they do in Castile; in 1675 it speaks of the payments as still continuing and urges their discontinuance without consulting the Suprema, as it is a matter wholly within the control of the treasury and, in 1676, Carlos II answered the Suprema by demanding a prompt decision as to a proposition made by the Council of Indies to discontinue the subventions enjoyed by the three tribunals for the salaries of their officials.[436]When they were definitely discontinued it would be impossible to assert, but it is probable that those of Mexico and Lima were stopped in 1677, while that of Cartagena was prolonged even later. In 1683 Inquisitor Valera of that tribunal complained that, owing to the exhaustion of the public treasury through wars and piratical attacks, an arrearage had accumulated of thirty-threetercios. He claimed that the king was indebted to the tribunal in the sum of 58,000 pesos and he urged its transfer to Santa Fe, where the royal treasury was in better condition to meet the obligation. The transfer was not made, payments of the subvention became more and more irregular and we shall see that in 1706 the tribunal was still unavailingly endeavoring to enforce them.[437]
In a letter to the king, July 31, 1651, the viceroy, Alva de Aliste, took the ground that the subvention had been merely a loan, to be repaid when confiscations should come in, and as, within the last few years, these had been large enough to settle the debt, he had had the accounts examined and had found that, since the beginning, there had been advanced for salaries 559,189 pesos, 6 tomines and 5 granos and, for other purposes, 6837 pesos, 5 granos, wherefore he suggested that the king should compel restitution of this amount.[438]To a treasury so desperately embarrassed as that of Spain the prospect of such relief was most welcome. Philip referred the viceroy’s letter to the Council of Indies, which delayed its reply till December 12, 1652, when it advised the king that examination showed that the salaries wereto be defrayed by the confiscations, which were to be reported to the treasury. The only light that could be thrown upon the subject was to be sought in the registration, by the Contratacion of Seville, of the amounts of silver passing through it from Mexico and Peru and from these registers it appeared that the colonial tribunals had remitted to the Suprema the aggregate of 76,965pesos de ensayadosand 85,454pesos de á ocho, thus showing that those tribunals had revenues largely in advance of their needs. In view of the magnitude of the sums furnished by the treasury, the extensive confiscations, the income of the suppressed canonries and the dire necessities of the royal finances, it therefore advised the king to call upon the Suprema for restitution and to furnish statements of the amount of the confiscations from the beginning. To this the king replied, in the ordinary formula of approval “It is well and so have I ordered.”[439]When the Suprema was concerned, however, obedience by no means followed royal orders and so it proved in this case.
Philip’s weakness was shown in his next despatch to the viceroy, February 1, 1653, in which he said that he had determined that the Suprema should arrange to make restitution and that, to facilitate a proper adjustment of the matter, it should furnish a statement of all confiscations from the beginning, “for neither my Council of Indies nor my viceroys have been able to obtain this, but only the records of the shipments of silver from the Indies.”[440]There is no evidence that the Suprema made any attempt to obey the royal commands or that it paid any attention to a reiterated demand made on August 12, 1655. Then the effort seems to have been abandoned and the matter was allowed to slumber until attention was called to it again in 1666. Philip had written, August 12, 1665, to the Marquis of Mansera, thenMexican viceroy, urging him to extinguish the debt of 1,333,264 pesos, by which amount the Mexican treasury was in arrears with its payments. The viceroy replied, September 5, 1666, pointing out the difficulty of accomplishing this and, at the same time, keeping up the remittances by the fleet, which were imperatively required by the absolute needs of the monarchy. He added that one of the chief causes of the indebtedness was the large sums withdrawn from it by the salaries and expenses of the Inquisition since its foundation in 1570; this had been intended as a loan, until it could be repaid from the confiscations, fines and penances but, although these had been large, restitution had never been made. The cédula of 1653 had inferred that the matter would be settled between the two councils and therefore the viceroys were powerless, but he suggested that the tribunal was rich and held large amounts of property; it had the disposition, which it might not have in future, to commence making this just and long overdue payment. This despatch the Council of Indies reported to the queen-regent, together with copies of the royal cédulas of 1653 and 1655, in order that she might compel the Suprema to make restitution, not only of the sums reported by Count Alva de Aliste, but of what had since been paid to the tribunal, seeing that it had the means to do so and was remitting such large amounts to the Suprema.[441]
It is scarce worth while to follow in detail the discussion which ensued, lasting, with true Spanish procrastination, until 1677, when the effort to make the Inquisition refund seems to have been abandoned out of sheer weariness. Of course the feeble queen-regent and the feebler boy-king, Carlos II, failed in the attempt and the only importance to us of the debate lies in the falsehoods and prevarications of the Suprema’s defence. It was notorious that there had been heavy confiscations, for persecution, as we have seen, had become active and exceedingly profitable as the half-century had drawn to a close. The tribunal had grown rich and had made large investments, besides theenormous remittances to the Suprema, and these had been derived almost exclusively from the confiscations and penances. Yet the Suprema endeavored to make it appear that financially confiscation had been a failure. There had been some confiscations, it admitted, in Mexico and Lima; there was the one of Diego López de Fonseca, amounting to 79,965 pesos, but Jorje de Paz of Madrid and Simon Rodriguez Bueno of Seville had come forward with claims amounting to more. They had asked to have the money sent to the receiver of Seville for adjudication and, on its arrival, the king had seized it and, by a cédula of July 14, 1652, had bound himself to satisfy the claimants, which he did by assigning to them certain matters. It was true that, in 1642, a number of Judaizing Portuguese had been discovered in Mexico, of whom some had moderate fortunes and one was reputed to be rich, but on the outbreak of the Portuguese rebellion, for fear that the viceroy would embargo their property, they had concealed it, and although the Inquisition had published censures, only a little had been discovered, while there came forward creditors with evidences of claims amounting to 400,000 pesos, so that it was difficult to make the confiscations meet them, to say nothing of the heavy expenses of feeding the prisoners, hiring houses to serve as prisons and the increased number of officials required. Besides this, there was protracted and costly litigation in investigating the claims and detecting suspected frauds. For this, Archbishop Mañozca was appointed visitador; on his death Medina Rico was sent out for the same purpose and, when he died, the matter had not been settled, nor has it yet.[442]If theSuprema was to be believed, confiscation cost more than it came to.
In the same way it sought by garbled statements to conceal the fact that it was secretly deriving a considerable revenue from the colonial tribunals, thus proving that they were possessed of superabundant means. In its private accounts for the year 1657, there is an item of 10,000 ducats from those of Mexico and Lima, with the remark that this is always in arrears and is now two years overdue[443]—for the tribunals were as anxious as the Suprema to conceal their gains. Yet it could not hide the fact that it was in receipt of large remittances through the Contratacion of Seville and the Government, in its extremity, had an awkward habit of seizing what took its fancy and possibly paying for silver in vellon, for we chance to hear of such an occurrence in 1639 and again in 1644.[444]The Council of Indies, as we have seen, did not fail to call attention to the large amounts which it was thus receiving, but it airily replied, in its consulta of November 16, 1667, that the three tribunals had, at various times, remitted the aggregate of 130,803 pesos, 3 reales, as the proceeds of sales ofvarasor offices of alguazil, and that this and much more, from the home tribunals, amounting in all to over 700,000 pesos, had been contributed to the necessities of the State. It repeated this, May 11, 1676, with the addition that the colonial tribunals had sent about 8000 pesos to the fund forthe attempted canonization of Pedro Arbués and that there were also remittances for themedia añataof the officials and for the deposits of aspirants to office to defray the expenses of the investigations intolimpieza—the whole manifesting extreme desire to divert attention from the confiscations.[445]In spite of these subterfuges there can be no question that the tribunals of Mexico and Lima accumulated vast amounts of property. The magnificence of the palace of the Mexican tribunal, rebuilt from 1732 to 1736, shows that it could gratify its vanity with the most profuse expenditure.[446]That it was fully able to do this without impairing its revenues may be assumed from the assertion, in 1767, of the royal fiscal, when arguing a case of competencia before the Audiencia, that if its accumulations were not checked, the king would have but a small portion of territory in which to exercise his jurisdiction.[447]Certain it is that the tribunal continued to be able to render large pecuniary support to the home institution. In 1693 we hear of a remittance of 93,705 pesos and in 1702 of 19,898 in spite of heavy defalcations by the receivers. This was followed by remittances of 40,000 pesos in 1706, of 16,500 in 1720, and of 31,500 in 1727. In 1771 the tribunal lent to the viceroy, for the emergencies of the war with England, 60,000 pesos, which were repaid, and, in 1795, a further loan was made of 40,000 to aid in the war then raging.[448]Aslate as 1809 the Government seized a remittance from it to the Suprema of 60,131½ pesos and gave a receipt for the proceeds, being 915,886 reales, for which, after the Restoration, we find the Suprema claiming restitution.[449]In spite of these reiterated drains we shall see hereafter what wealth the tribunal possessed when suppressed.
If we are to trust the list of sanbenitos hung in the cathedral of Mexico, after the great auto of 1601, there ensued a period of comparative inaction for nearly half a century, in which Protestants almost disappeared and were replaced by comparatively few Judaizers.[450]The sanbenitos however represent only the serious cases and the tribunal continued to gather its customary harvest of bigamists, blasphemers, sorcerers, solicitors and other minor offenders, some of whom yielded a liberal amount of fines.[451]In fact, a report of the cases pending in 1625 amounts to the very considerable number of sixty-three, showing that there was ample business on hand, receiving attention with more or lessdiligence.[452]After this however the activity of the tribunal diminished so greatly that, on July 12, 1638, it reported that it had not a single case pending, and a year later that it had but one, which was against a priest charged with solicitation in the confessional.[453]This is a singular tribute to the efficacy of the Edict of Faith—a proclamation requiring, under pain of excommunication, the denunciation of all offences enumerated under it, of which any one might be cognizant or have heard of in any way. According to rule, this should be solemnly published every year in all parish and conventual churches; it kept the faithful on the watch for all aberrations and rendered every one a spy and an informer. It had, however, at this time, fallen into desuetude. In a letter of February 13, 1634, the inquisitors say that for ten years the publications had been suspended in consequence of the indecency which attended it after the viceroys refused to be present, owing to quarrels as to ceremonial, and they ask that a royal order should be issued through the Council of Indies requiring the attendance of the civil magistracy in the procession and publication.[454]
Nearly ten years more, however, were to elapse, before the questions of etiquette and precedence were settled, and at last, on March 1, 1643, the Edict was read with all solemnity in the cathedral of Mexico and was followed by an abundant harvest of denunciations.[455]How numerous these habitually were may be gathered from partial statistics of those received after a publication of the Edict in 1650. These were recorded in eight books, of which four, representing presumably one-half, have been preserved, containing altogether two hundred and fifty-four cases ofthe most varied character, as may be seen by the summarized classification below.[456]
The most significant feature in this mass of so-called testimony is the manner in which the most trivial acts inferring suspicion were watched and denounced, so that every man lived under a universal spy-system stimulated by the readiness of the Inquisition to listen to and make record of the veriest gossip passing from mouth to mouth. Thus one informer relates how in 1642, eight years before, he saw Simon de Paredes quietly put to one side on his plate a piece of pork that came to him from among the miscellaneous contents of the olla. Another gravely deposes how a man had casually told him that he had heard how a miner named Blas Garcés, of the mines of Los Papagayos, now dead, had once taken some of the herb Peyote to find some mines of which he had chanced to see specimens, and the marvels which thence ensued.[457]From the book ofMembreteskept by the tribunalit would appear that when this kind of evidence did not lead to a prosecution it was carefully preserved and indexed for reference in case of subsequent testimony against an individual. Such was the training of the population and such was the shadow of terror under which every man lived.
Meanwhile, during the quiescent period of the tribunal, the class of New Christians, who secretly adhered to the ancient faith, increased and prospered, accumulating wealth through the opportunities of the colonial trade which they virtually monopolized. Their fancied security, however, was approaching its end. The vigorous measures taken in Spain, between 1625 and 1640, to exterminate the Portuguese Judaizers, revealed the names of many accomplices who had found refuge in the New World; these were carefully noted and sent to the colonial tribunals.[458]Moreover, from 1634 to 1639, the Lima Inquisition was busy in detecting and punishing a large number of its most prominent merchants guilty of the same apostasy, who had relations with their Mexican brethren, revealed during the trials. The tribunal seems to have been somewhat slow in realizing the opportunities thus afforded, but in 1642 there opened an era of active and relentless persecution which was equally effective in enriching its treasury and in purifying the faith. To prevent the escape of its victims, on July 9th it sent orders to Vera Cruz prohibiting the embarkation of any Portuguese who could not show a special licence from it. A wealthy merchant named Manuel Alvarez de Arrellano had already sailed for Spain, but his ship was wrecked on Santo Domingo and he was compelled to return to Havana. The tribunal was on his track and, on December 1st, it sent orders to its commissioner at Havana to arrest him, seize all his property, sell it at auction and send him in chains with the proceeds to Vera Cruz. This was successfully accomplished and, in acknowledging his arrival, the tribunal gave further instructions as to some cases of cochineal, which it understood to have been saved from the wreck.[459]
There was small chance of escape for any culprit. The New Christians were closely connected by family, religious and business ties, and each new prisoner was forced to implicate his friends and kindred. Gabriel de Granada, a child of 13, arrested in July, 1642, was made to give evidence against 108 persons, including his entire family.[460]There were then three inquisitors, Francisco de Estrada y Escobedo, Bernabé de la Higuera y Amarilla and Juan Saenz de Mañozca, whose names became a terror to the innocent as well as to the guilty. Their cruel zeal is manifested in a letter to the Suprema virtually asking authority to relax ten persons, although they had confessed and professed repentance in time to entitle them, by the rules of the Inquisition, to reconciliation.[461]It was a wild revel of prosecutions and condemnations. Medina Rico, thevisitadoror inspector who came in 1654, reported that, in reviewing the proceedings, he found that no attention had been paid to the defences presented by the accused, although in many cases they were just. A single case will indicate the heartlessness of the tribunal. September 24, 1646, Doña Catalina de Campos sought an audience to say that she was very sick and near unto death and that she would die in the Catholic faith in which she had lived. She was sent back to her cell, no attention was paid to her and some days later she was found dead and gnawed by rats.[462]
The result of this method of administering justice was a succession ofautos particulares, in 1646, 1647 and 1648, followed by anauto generalin 1649.
In 1646 there were thirty-eight Judaizers reconciled and, as reconciliation, in addition to prison and sanbenito, inferred confiscation, the harvest as we have seen was large. In 1647 thenumber was twenty-one.[463]In 1648 there were two autos—a public one on March 29th and anauto particularin the Jesuit church on March 30th. In the former there were eleven penitents for various offences, eight Judaizers penanced and eight reconciled, two reconciliations for Mahometanism, twenty-one effigies of Judaizers burnt and one burning in person. In the latter there was one penitent brought from the Philippines for suspicion of Mahometanism, who escaped with abjurationde leviand servitude for life in a convent for instruction; there were two for personating priesthood and administering sacraments without orders, who received 300 and 200 lashes respectively and were sent to the galleys; one for marrying in orders, who abjuredde vehementiand was sent to serve in a hospital for five years; a bigamist who had 200 lashes and the galleys; acurandera, who employed charms to cure disease and was visited with 200 lashes and perpetual exile from Puebla, and finally there were twenty-one Judaizers. Of these, two escaped with fines of 2000 and 3000 ducats respectively and perpetual exile from Mexico, one was only exiled and eighteen were reconciled with confiscation and various terms of imprisonment, in addition to which five of them were scourged and, of these latter, two were also sent to the galleys.[464]
The greatauto generalof April 11, 1649, marks the apogee of the Mexican Inquisition and of this we have a very florid account, written by an official.[465]A month in advance the solemn proclamation announcing it was made in Mexico, March 11th, with a gorgeous procession, to the sound of trumpet and drum, and this had previously been sent to every town in New Spain, so that it was published everywhere at the same hour. Consequently, for a fortnight in advance of the appointed day, crowds began to pour in, some of them from a distance of a hundred or two hundred leagues, till, as we are told, it looked as though the country had been depopulated. The reporter exhausts his eloquence in describing the magnificence of the procession of the Green Cross, on the afternoon preceding the auto, when all the nobles and gentlemen of the city, in splendid holiday attire, took part, and the standard of the Inquisition was borne by the Count of Santiago, whose grandfather had done the same in the great auto of 1574 and his father in that of 1601. A double line of coaches extended through the streets, from the Inquisition to the plazuela del Volador, where the ceremonies were to be performed, and so anxious were their occupants not to lose their positions that they remained in them all night and until the show was over. It might seem that all Mexico, from the highest to the lowest, was assembled to demonstrate the ardor of its faith and to gain the indulgence which the Vicar of Christ bestowed on those who were present at these crowning exhibitions of the triumph of the Church Militant. Inside of the Inquisition the night was spent in notifying of their approaching fate those who were about to die and in preparing them for death.
Of the one hundred and nine convicts there was but one Protestant, a Frenchman named François Razin, condemned to abjure for vehement suspicion of heresy and to two years’ service in a convent for instructions; as he was penniless, we are told that he was not fined. There were nine Judaizers who abjured for vehement suspicion and were banished to Spain; three of them, being impoverished, were not fined but on the other six were imposed mulcts, ranging from 1000 to 6000 ducats, amounting in all to 15,000 ducats and one in addition had 200 lashes. There were nineteen reconciled, whose estates of course were confiscated, as also were those of the relaxed, seventy-eight in number. Of these, fifty-seven were effigies of the dead, of whom ten had died in prison, two of the latter being suicides, in addition to which were eight effigies of fugitives. Thirteen were relaxed in person, but of these twelve were garroted before burning, having professed repentance and conversion in time. Only one was burnt alive—the hero of the occasion, Tomás Treviño of Sobremonte. His mother had been burnt at Valladolid, and nearly all of his kindred, as well as those of his wife, had been inmates of the Inquisition. He had been reconciled in the auto of 1625 and there could be no mercy for a relapsed apostate, though he could have escaped the fiery death by professing conversion again. He had lain in prison for five years during his trial, always denying his guilt, but when notified of his conviction, the night before the auto, he proclaimed himself a Jew, declaring that he would die as such, nor could the combined efforts of all the assembled confessors shake his resolution. To silence what were styled his blasphemies, he was taken to the auto gagged, in spite of which he made audible assertion of his faith and of his contempt for Christianity. It is related that, after his sentence, when he was mounted to be taken to the quemadero, the patient mule assigned to him refused to carry so great a sinner; six others were tried with the same result and he was obliged to walk until a broken-down horse was brought, which had not spirit enough to dislodge its unholy burden. An Indian was mounted behind him, who sought to convert him and, enraged at his failure, beat him about the mouth to check his blasphemies. Undaunted to the last, he drew the blazing brands towards him with his feet and his last audible words were—“Pile on the wood; how much my money costs me!”[466]
The inquisitor-general, Arce y Reynoso, on October 15, 1649, congratulated Philip IV on this triumph of the faith, which had been the source of joy and consolation and universal applause, whereat the pious monarch expressed his gratification and desiredthe inquisitors to be thanked in his name. As summarized by Arce y Reynoso the results of the four autos were two hundred and seven penitents of whom a hundred and ninety were Jews, nearly all Portuguese. There was one drawback to his satisfaction. The penitents sentenced to banishment were directed to be sent to Spain, and repeated royal orders required that they should be transported free of charge, but the captains of all vessels, both naval and commercial, refused to carry them without pay and, as they had been stripped of all their possessions, they could not defray the passage-money themselves, while the Inquisition made no offer to supply the funds. Consequently they remained in Vera Cruz or wandered through the land, throwing off their sanbenitos and infecting the population with their errors. Arce y Reynoso suggested to the king that he should give them rations while on board ship so as to help to bring them over. It never seemed to occur to him that the Inquisition, which was enriching itself with their confiscations, could spare the trifle requisite for the execution of its sentences on these homeless and penniless wretches.[467]
After this supreme manifestation of its authority, the Inquisition became again somewhat inert, for its attention was largely absorbed in settling the details of the confiscations which involved the greater portion of Mexican commerce.[468]The tribunal had its routine business of bigamists, soliciting confessors and women guilty of so-called sorcery—cases usually despatched in the audience-chamber—though there was anauto particularcelebrated October 29, 1656. In 1659, however, there was a public auto on November 19th which, though not large, merits attention by its severity and the peculiarity of some of the delinquents. Of these there were thirty-two in all—twelve blasphemers, two bigamists, one forger, one false witness, one for violating the secrecy of the prison, one who had been reconciled for Judaismin 1649 and had thrown off the sanbenito, a woman for suspicion of Judaism, an alumbrado, or mystic, with visions and revelations. Then there were two sisters Romero, prosecuted for fraudulent visions and revelations, of whom one was acquitted and the other had 200 lashes and ten years’ service in a hospital—a third sister having been penanced in the auto particular of 1656. There was also Manuel Méndez, a Portuguese, suspected of Judaism, who had died in prison and was now acquitted. Another Portuguese, Diego Díaz, was not so fortunate; he had been condemned in 1649 to abjurationde vehementiand perpetual banishment, but he did not leave Mexico; arrested February 26, 1652, he had lain in prison awaiting an auto and was now sentenced to be burnt alive as pertinaciously impenitent; by mistake the executioner commenced to garrote him, but was stopped by the alguazil mayor, who ordered the fire lighted, so that he had both punishments. Similar was the case of Francisco Botello, arrested in 1642, sentenced in 1649 to 200 lashes and banishment, remaining in Mexico, arrested again in 1650 and now garroted and burnt. These two cases indicate the treatment accorded to those alluded to above, who, after being stripped of their property, were ordered to leave the country, but were not furnished with means to do so.
Another convict, Francisco López de Aponte, was accused of pact with the demon and of heresies. He gave signs of insanity, but on examination by physicians was pronounced sane. Under severe torture he remained perfectly quiescent and insensible to pain, which could only be explained by diabolical aid, so he was shaved all over and inspected carefully for charms or for the devil’s mark, but in vain. A second torture was endured with the same indifference and he was condemned to relaxation as an apostate heretic. On the night before the auto he said to the confessor who endeavored to convert him “There is no God, nor hell, nor glory; it is all a lie; there is birth and death and that is all.” During the auto he manifested no emotion and was burnt alive as an impenitent.
Juan Gomez had been arrested, May 28, 1658, as an Illuministandherége sacramentario, for teaching many opinions contrary to the Catholic faith. Condemned to relaxation, he maintained his heresies until, during the auto, he weakened and professed repentance, notwithstanding which he was burnt alive.
Pedro García de Arias was a wandering hermit who, although uneducated, had written three mystic books containing erroneous doctrine. When on trial he claimed that he had never committed sin, and he abused the Inquisition, for which he was scourged through the streets with 200 lashes. When notified of his condemnation to relaxation he protested that he would not beg for mercy, but on the staging he asked for an audience, in which he insisted that there were no errors in what he had written. Nevertheless he was garroted before burning, when his books, hung around his neck, were consumed with him.
Sebastian Alvárez was an old man who claimed to be Jesus Christ, but was pronounced to be sane by the experts who examined him. He persisted in his delusion and was sentenced to relaxation. On the staging he asked for an audience and was remanded to the Inquisition, where two days later he had an audience and, as he still asserted himself to be Christ, he was sentenced to burning alive if he did not retract. On the way to the quemadero he retracted and was garroted before burning.
In this curious assemblage of eccentric humanity, the most remarkable of all was an Irishman named variously William Lamport or Guillen Lombardo de Guzman. He had lain in prison since his arrest as far back as October 25, 1642, on a denunciation that he was plotting to sever Mexico from Spain and make himself an independent sovereign, for he claimed to be the son of Philip III by an Irish woman, and thus half-brother to Philip IV. This was his real offence, but the Inquisition claimed jurisdiction because he had consulted an Indian sorcerer and certain astrologers to assure the success of his enterprise. The details of his scheme show that it was suggested by the success with which, in June, 1642, Bishop Palafox, acting under secret orders from Philip, had ousted from the viceroyalty the Marquisof Escalona, who was suspected of treasonable leanings towards João of Braganza and the revolted Portuguese. With the aid of an Indian singularly skilled in forgery, Lamport had drawn up all the necessary royal decrees which would enable him to seize control, on the arrival of the expected new viceroy, the Count of Salvatierra. Yet he was no common adventurer, but a man of wide and various learning, thoroughly familiar with English, French, Spanish, Italian, Latin and Greek, with the classical poets and philosophers, with the Scriptures and the fathers and with theology and mathematics. This was proved by the memorials which he drew up in prison, without the aid of books, yet full of citations and extracts in all languages and of scripture texts. These were scrutinized by the calificador who verified the citations and found them all correct and who moreover certified that there were no errors of faith.
In the account of his life, which all prisoners of the Inquisition were required to give, he stated that he had been born in England, from which he had fled in his twelfth year because of a pamphlet entitledDefensio Fideiwhich he had written against the king. After marvellous adventures in many regions, in which he had rendered services to Spain, Philip IV had summoned him to Madrid, where Olivares patronized him. He was then sent to Flanders to aid the Cardinal Infante, to whose success he largely contributed, especially at the battle of Nördlingen (1634). After much other service, Philip gave him the title of Marquis of Cropani and the viceroyalty of Mexico, from which he was to eject the occupant—and for this he held forged royal cédulas. That there was some residuum of truth at the bottom of his story would appear from his familiarity with details of persons and events, and there is no doubt that he was an object of interest in Madrid, for a royal cédula of May 13, 1643, ordered the case to be expedited and that after his punishment all his papers should be given to the judge, Andrés Gomez de Mora. Why the case should then have been protracted for seventeen years is inexplicable, unless it was designed to keep him imprisoned for life, but, howeverthat may be, he continued to be a source of solicitude, not unkindly, for the Suprema, under royal orders, wrote June 21, 1550, that he should be given a cell-companion to alleviate his confinement if he so desired and that every care should be taken of his life. Again, on July 7, 1660, when the Suprema received the account of his relaxation, it wrote to ask why this had been done against its express orders. Altogether the case is a mystery to which the clue is lost.
Diego Pinto, the companion given to share his confinement, was soon won over to join him in a plan of escape, which was executed December 26, 1650, with remarkable skill and perseverance. In place of flying to some safe retreat Lamport spent the night in affixing in various prominent places certain writings which he had prepared, and in persuading a sentinel at the palace to convey one to the viceroy urging him to arrest the inquisitors as traitors. Towards dawn he induced a householder to take him in and awaited the result of his papers, besides writing others, when the host became apprehensive and made him remove to another house. No time was lost by the tribunal in issuing a proclamation, describing his person and ordering his capture under severe penalties; his host promptly reported him and he was carried back to the Inquisition, when he was lodged in an exceptionally strong cell, his feet in stocks and his hands in fetters. In January, 1654, he asked for writing materials, with which he composed a tremendous attack on the Inquisition, and during the winter he utilized the sheets of his bed to write a book, which when transcribed proved to be a treatise in Latin verse which filled 270 closely written pages. He had now lain twelve years in prison without trial; his overwrought brain was giving way and his insanity became more and more manifest. At last the time for the auto approached and, on October 8, 1659, without further audience, the accusation was presented; the trial proceeded swiftly and on November 6th sentence was pronounced, condemning him to relaxation for divination and superstitious cures showing express or implicit pact with thedemon, besides which he had plotted rebellion and was a heretic sectary of Calvin, Pelagius, Huss, Luther and other heresiarchs and an inventor and dogmatizer of new heresies. As a special punishment for his defamatory libels and forgery of royal decrees, he was to listen to his sentence on the scaffold with a gag and hanging by his right arm fastened to an iron ring. During the night before the auto he assailed with opprobrious epithets the holy men who sought to save his soul; he exclaimed that a hundred legions of devils had entered his cell with them and finally he covered his head with the bed-clothes and refused to speak. At the auto on the staging he was like a statue and at the stake he escaped burning alive by throwing himself against the iron ring encircling his throat with such force that it killed him.[469]
The last act of the tragedy was the burning of the effigy of Joseph Bruñon de Vertiz, a priest whose offence was that he had been the dupe of the imposture of the Romero sisters and had reduced to writing their visions and revelations. Arrested September 9, 1649, he speedily admitted that he had been deceived and cast himself on the mercy of the inquisitors, vainly endeavoring to ascertain what was the nature of the charge against him so that he could confess and retract whatever errors were imputed to him. It was not, however, theestiloof the Inquisition to do more than to tell the accused to search his memory and clear his conscience and after eighteen months of this suspense Bruñon’s mind commenced to give way. He was left in his cell apparently forgotten, except when he would seek an audience to ask for writing materials with which, in 1652 and 1654, he drew up and presented attacks upon the tribunal of a character to show that he was becoming insane through despair. No notice was taken of these ebullitions and on April 30, 1656, he died without the sacraments, after six years and a half of incarceration, during which he had never been informed of the charges against him. His body was thrust into unconsecrated ground and the trial was continued against his fame and memory as analumbrado heretic, in an accusation presented May 11, 1657. There was no defence possible by his kindred; he was duly condemned and in this auto of November 19, 1659, his effigy was brought forward, clad in priestly garments, the impressive ceremony of degradation was performed and it was cast into the flames with his bones exhumed for the purpose.[470]
Cruel as all this performance may seem to us, it was in strict conformity with the convictions of the age and, when Philip IV received the report of the auto, he warmly congratulated the inquisitor-general on the vigilance which preserved the purity of the faith by inflicting merited chastisement.[471]
With this auto the murderous activity of the tribunal may be said virtually to end. Until the end of the century its business consisted almost exclusively in the commonplace routine of bigamists, blasphemers, petty sorcerers, soliciting confessors, clerics administering the sacraments without priest’s orders and the like. Thus in an auto celebrated January 15, 1696, out of twenty-six penitents, there was but one heretic with a sanbenito; there was a Greek schismatic reconciled and the rest were sixteen bigamists, one Franciscan tertiary for Illuminism, a woman for imposture and four men and two women for the superstitious practices conveniently classed as sorcery with explicit or implicit pact with the demon.[472]Yet during this half-century there were a couple of cases showing that a nearly bloodless career was not due to any surcease of fanatic zeal. In November, 1673, was arrested a wandering hermit named Juan Bautista de Cardenas, charged with beingiluso y alumbrado, with grave suspicion of sacramentarian heresy. After giving the customary account of his life he took refuge in absolute silence, which suggested that he was possessed by a demon, but exorcism proved unavailing. Sharp torture was then tried, but it elicited only the usualshrieks of pain. The conclusion drawn from this was that he was a contumacious heretic and in July, 1675, he was condemned to relaxation, when, on being notified of it, he only said that if he was carried to the quemadero he would die for God. The tribunal however did not dare to execute its own sentence and sent the papers to the Suprema which, June 22, 1676, altered it to abjurationde levi, deprivation of the habit he wore and exile from the cities of Mexico and Puebla, adding that the torture had been abusive seeing that he had not been formally testified against for heresy. The other case was that of Fray Francisco Manuel de Cuadros, who had left his Order and practised as acurandero, or curer of disease by charms. He was thrown in prison, November 14, 1663, and during his trial, which was protracted for nearly fifteen years, he confessed to being an agnostic, except as to the existence of God, but he admitted that he was ignorant and half-crazy. At the auto of March 20, 1679, he was condemned to relaxation after degradation, but at the quemadero he showed signs of repentance, in virtue of which he was admitted to the sacraments and was strangled before burning.[473]
In the public autos there is no trace of one of the principal duties of the Inquisition in the repression of the prevalent crime of the seduction of women by their confessors, euphemistically known as solicitation in the confessional. Even as bigamy had been brought under inquisitorial jurisdiction by the somewhat forced assumption that it implied erroneous belief in the sacrament of matrimony, so solicitation was held to infer in the confessor error as to the sacrament of penitence. At least this was the reason alleged when, recognizing that the spiritual courts were useless to check the practice, Paul IV, in 1561 entrusted its suppression in the Spanish dominions to the Inquisition, and Gregory XV, in 1622, extended this to other lands in which the Holy Office existed. Priests, however, for the avoidance of scandal, were never paraded in public autos, unless they wereto be deprived of their orders; their sentences were read in the audience-chamber with closed doors and in the presence only of a selected number of their brethren, to whom the fate of the culprit should serve as a wholesome warning.[474]While, therefore, the knowledge of this offence was sedulously kept from the public, it gave the tribunal considerable occupation. The morals of the Colonial clergy, for the most part, were notoriously loose and, in the solitary missions and parishes among the natives, evil passions had free rein.[475]This was enhanced by the almost assured prospect of immunity, for the women seduced were the only possible accusers and it has always proved exceedingly difficult to induce them to denounce their seducers. Naturally therefore the Inquisition, on its establishment, was speedily called upon to prosecute such culprits and, up to 1577, it already had five cases.[476]It seems however not to have enforced its exclusive jurisdiction over the offence if we may judge from the proceedings in the case of Fray Juan de Saldaña, in 1583, for when it assumed the prosecution he was undergoing six months’ imprisonment by his superiors because at Tequitatlan he had violated an Indian girl and, when she refused to continue the connection, he had her arrested and flogged, after which she submitted. Though only 34 years of age he was a person of consideration in his Franciscan Order, he had occupied various positions of importance and at this time was guardian of the convent of Suchipila, where he seduced three sisters, his penitents, the daughters of Diego Flores, theencomenderoof Suchipila and a person of distinction. There seems to have been little or no concealment about it; he boasted openly of the women he had seduced, Spanish as well as Indian, not only in Suchipilabut in his visitations, and he evidently had no idea that he was incurring risk of the Inquisition, for when remonstrated with he asked what his prelates could do to him—it was only a dozen strokes of the discipline and a year’s suspension from his guardianship. When brought to trial he was frank in his admissions; two years before he had been deprived of confessing Spanish women, but as guardian he had licence to do so; he mentioned seven Indian women whom he had seduced in confession besides a mestizo and several Spaniards. In these cases, the accusation of the fiscal and the exordium of the sentence are eloquently rhetorical as to the heinous guilt in one, clothed with the awful power of the priesthood, using that power to lead astray the souls seeking salvation through him, but when it came to defining the penalty there is a tenderness which suggests that in reality the offence was regarded as much less important than aberration on some minute point of faith. When his sentence was read, May 5, 1584, he was subjected to the discipline for the space of amiserere; he was deprived of the faculty of confessing, was suspended from orders for six years, was recluded for two years in a convent with the customary disabilities and was banished for six years from the see of Guadalajara.[477]
Such treatment was not adapted to strengthen the carnal-minded against temptation so severe and the vice flourished accordingly. As the inquisitors stated in a letter to the Suprema of May 22, 1619, it was a very frequent offence in those parts and many confessors regarded it as trivial,[478]and the list of cases of solicitation for the years 1622-4 contains fifty-six names, of which seven were from Manila, for the Philippines were a dependency of the Mexican tribunal. That leniency increased with time may be assumed from the case, in 1721, of Fray Francisco Diego de Zarate, President of the Mission of Santa María de los Angeles of Rio Blanca, a Franciscan entrusted with many important positions. The summary in his trial states that the evidencecollected proved a hundred and twenty-six acts of solicitation with fifty-six women and that it was his habit to solicit every one who came to him to confess. It is impossible to conceive anything more brutal than some of the details of the evidence; the offence in many cases was almost public and might have continued indefinitely had he not banished from Rio Blanco a woman and her family because she resisted him, whereupon she talked and created a scandal that rendered action necessary. Of the women, twenty-one were Indians, eight were Spaniards (one of them his near relative), eight Mulattos, four Mestizos and fifteen whose race is not specified. When the accusation, detailing all the cases, was read to him, he admitted its correctness and indeed he had previously made a written confession which contained a large number that had escaped the investigations of the prosecution. Aggravated as was this case Fray Francisco escaped with a second reading of his sentence in the Franciscan convent, where a circular discipline was administered, perpetual deprivation of confessing and of active and passive voice in his Order, six months’ suspension from celebrating mass and two years’ reclusion in a convent, of which the first was to be passed in a cell with fasting on bread and water on Fridays and Saturdays, and the last place in choir and refectory.[479]Yet inadequate as was the habitual treatment of the offence by the Inquisition, it was regarded as unduly harsh by the clerical authorities. The inquisitors, in a letter of 1666 to the Suprema, by way of illustrating the prevalent laxity of the Religious Orders, mention that after they had penanced four frailes for solicitation, they were applied to to remove the restrictions which prevented the culprits from being promoted to prelacies.[480]Self-denunciation,as in Spain, was tolerably certain to win virtual immunity. In 1712, Luis Marin, vicar of Nativitas, accused himself by letter, to which the tribunal promptly responded by summoning him to appear within thirty days, but that only a reprimand was intended is evident from the summons being accompanied with a faculty to absolve him from the excommunication incurred, sent to Padre Fernández de Córdova, S. J., who was instructed to counsel him to abstain for the present from confessing women.[481]
The very miscellaneous functions assumed by the Inquisition in extending its jurisdiction over a variety of matters foreign to its original purpose is illustrated by a fortuitous collection of 397 cases between its commencement in 1572 and the year 1800. In these the offences alleged are[482]—
The considerable proportion of offences against the Inquisition arose from the perpetual troubles caused by what was known as its temporal jurisdiction, apart from its spiritual sphere of action. Every one connected with it in an official capacity, however insignificant, with his family, servants and slaves, was entitled, in a greater or less degree, to thefuero, or jurisdiction of the Holy Office, and to exemption from pleading or prosecution in the secular court if a layman, or the episcopal court if an ecclesiastic. As favoritism rendered this privilege virtually an immunity for crime it was eagerly sought and, as it was the source of influence and of profitable business, the tribunal endeavored to extend its jurisdiction in every way, with little regard to the limits imposed by law. This led to constant conflicts between the rival jurisdictions, in which the tribunal used without scruple its faculties of excommunication and of treating any opposition as an attemptto impede its freedom of action, a crime to be prosecuted and severely punished. In Spain these irreconcilable pretensions were the cause of constant troubles, the settlement of which was through the process known ascompetencia, carrying them up to the Supreme Council of the Inquisition on the one hand and to the Council of Castile or of Aragon on the other, with the monarch as the final arbiter. In the Colonies, however, as we shall see, this system was practically eluded, and the tribunals became even more arbitrarily lawless than those of the home country, sometimes abusing their power after a fashion that involved the whole land in confusion, for in matters of faith they had no superior, short of the inquisitor-general, and it rested with themselves to define what was, directly or indirectly, a matter of faith.
There were two classes of officials whose claims to thefuerowere different. Those known astitulados y asalariadoswere directly employed in the tribunal, holding commissions from the inquisitor-general, enjoying salaries and understood to devote themselves exclusively to its service. For them and their families and dependants the fuero was complete, in both civil and criminal matters, and both active and passive—that is, whether as plaintiff or defendant. They were comparatively few in number, their position was unchallenged and, whatever may have been the injustice and oppression thence arising, there was little occasion for dispute. Beyond these were the unsalaried officials—commissioners and their notaries and alguazils, stationed at all important centres, consultors,calificadoresor censors and, above all, familiars numerously scattered throughout the land. All these pursued their regular avocations and only acted when called on for special service; they received no salary, but the positions were eagerly sought, chiefly on account of the privileges and immunities which they conferred. Of these the familiars were by far the most numerous and troublesome. In Spain the definition of their privileges had been the subject of numerous settlements known as Concordias and, when Philip II establishedthe colonial tribunals, he endeavored to forestall trouble by extending to them the Castilian Concordia of 1553, which was much less favorable to the familiars than those of the kingdoms of Aragon and, at the same time, he sought to limit the number of appointees.
Among the documents issued in 1570 is a cédula addressed to the colonial authorities, in which Philip conveys to them the regulations adopted by the inquisitor-general. In the city of Mexico there are allowed twelve familiars, in the cathedral towns four, in other towns one. Lists of these and of all changes are to be furnished to the local magistracy, so that they may see that the number is not exceeded and, in case of improper appointments, they are to report to the tribunal or, if necessary, to the inquisitor-general. In civil suits the familiars are not entitled to the fuero, whether as plaintiffs or defendants. In criminal matters not as plaintiffs while, as defendants, they are to enjoy it except in cases of treason, unnatural crime, raising popular commotions, forging letters of safe-conduct, resistance to royal commands, abduction or violation of women, highway robbery, house or church breaking, arson of houses or harvests and “other crimes greater than these” and also in resistance or disrespect to the royal judges. Excepted also is official malfeasance in those holding public office. Arrest by secular judges is permitted, in cases entitled to the fuero, provided the culprit is handed over to the Inquisition, together with the evidence, which is to be at his expense. If the offence is committed outside of the city of Mexico, the offender cannot return to his place of residence without exhibiting a copy of the inquisitorial sentence, with evidence of its fulfilment. By a cédula of May 13, 1572, moreover, offences committed against Indians were added to the excepted cases.[483]