opportunity to administer a severe rebuke. It was the law in Aragon that, when the Diputados appointed any one as lieutenant to the Justicia, if he refused to serve they were to remove his name from the lists of those eligible to public office. A certain Micer Manuel, so appointed, refused to serve and to escape the penalty procured from the inquisitors of Saragossa letters prohibiting, under pain of excommunication, the Diputados from striking off his name. This arbitrary interference with public affairs gave great offence and Ferdinand sharply told the inquisitors not to meddle with matters that in no way concerned their office; the Diputados were under oath to execute the law and the letters must be at once revoked.[710] Finally he recognized that the demands of the Córtes of Monzon had been justified and that he had done wrong in violating the Concordia of 1512. One of his latest acts was a cédula of December 24, 1515, announcing to the inquisitors that he had applied to the Holy See for confirmation of the agreements made and sworn to in the Córtes of Monzon and Lérida; there was no doubt that this would speedily be granted, wherefore he straitly commanded, under pain of forfeiture of office, that the articles must not be violated in any manner, direct or indirect, but must be observed to the letter; the inquisitor-general had agreed to this and would swear to comply with the bull when it should come.[711]
FURTHER DEMANDS
Ferdinand died January 23, 1516, followed in June by Inquisitor-general Mercader. Leo X probably waited to learn whether the new monarch Charles desired to continue the policy of his grandfather. It is true that he had dispensed Ferdinand and Enguera from their oaths in view of the great offence to God and danger to conscience involved in the observance of the Concordia, but a word from the monarch was sufficient to overcome his scruples. What Ferdinand had felt it necessary to concede could not be withheld when, in the youth and absence of Charles, his representatives could scarce repress the turbulent elements of civil discord. Accordingly Leo confirmed all the articles of both the Catalan and Aragonese Concordias by the bull Pastoralis officii, August 1, 1516, in which he declared that the officials of the Inquisition frequently transgressed the bounds of reason and propriety in their abuse of their privileges, immunities and exemptions and that their overgrown numbers reduced almost to nullity the jurisdiction of the ordinary ecclesiastical and secular courts. This action, he says, is taken at the especial prayer of King Charles and Queen Juana and all inquisitors and officials contravening its prescriptions, if they do not, within three days after summons, revoke their unlawful acts, are subject to excommunication latæ sententiæ, deprivation of office and perpetual disability for re-employment, ipso facto. Moreover the Archbishops of Saragossa and Tarragona were authorized and required, whenever called upon by the authorities, to compel the observance of the bull by ecclesiastical censures and other remedies without appeal, invoking if necessary the secular arm.[712]
Thus, after four years of struggle, the Concordias of 1512 were confirmed in the most absolute manner and the relations between the Inquisition and the people appeared to be permanently settled. The inquisitors however, as usual, refused to be bound by any limitations. They claimed, and acted on the claim, that the papal bull of confirmation was surreptitious and not entitled to obedience and that both the Concordias and the Instructions of Bishop Mercader were invalid as being restrictions impeding the jurisdiction of the Holy Office.[713] On the other hand the people grew more restive and increased their demands for relief. The occasion presented itself when Charles came to Spain to assume possession of his mother’s dominions. At Córtes held in Saragossa, May, 1518, he received the allegiance of Aragon and swore to observe the fueros of the Córtes of Saragossa, Tarazona and Monzon. Money was soon wanted to supply the reckless liberality with which he filled the pouches of his greedy Flemings, and towards the end of the year he summoned another assembly to grant him a subsidio. It agreed to raise 200,000 libras but coupled this with a series of thirty-one articles, much more advanced than anything hitherto demanded in Aragon—in fact copied with little change from those agreed to in Castile by Jean le Sauvage and abandoned in consequence of his death—articles which revolutionized inquisitorial procedure and assimilated it to that of the secular criminal courts. Charles, in these matters was now wholly under the influence of his former tutor and present inquisitor-general Cardinal Adrian. He wanted the money, however, and he gave an equivocal consent to the articles; it was, he said, his will that in each and all the holy canons should be observed, with the decrees of the Holy See and without attempting anything to the contrary. If doubts arose the pope should be asked to decide them; if any one desired to accuse inquisitors or officials, he could do so before the inquisitor-general, who would call in counsellors and administer justice, or, if the crime appertained to the secular courts, he would see that justice was speedy. This declaration, with the interpretation to be put on each and every article by the pope, he promised under oath to observe and enforce and he further swore not to seek dispensation from this oath or to avail himself of it if obtained.[714] The people were amply justified in distrusting their rulers, for Charles subsequently instructed the Count of Cifuentes, his ambassador at Rome, to procure the revocation of the articles and a dispensation from his oath to observe them.[715]
Charles had thus shuffled off from his shoulders to those of the pope the responsibility for this grave alteration in inquisitorial procedure which, by forcing the Holy Office to administer open justice, would have diminished so greatly its powers of evil. The question was thus transferred to Rome and the Córtes lost no time in seeking to obtain from Leo X the confirmation of the articles. A letter requesting this was procured from Charles and was forwarded to Rome with a copy of the articles and of Charles’s oath, officially authenticated by Juan Prat, the notary of the Córtes. The papers were sent to Rome by a certain Diego de las Casas, a Converso of Seville who, as his subsequent history shows, must have been amply provided with the funds necessary to secure a favorable hearing.
STRUGGLE IN SARAGOSSA
The situation was one which called for active measures on the part of the Inquisition. The Córtes dissolved January 17, 1519, and a letter of the 22d, from the Suprema to the Inquisitor of Calatayud, shows that already steps had been taken to prosecute all who had endeavored to influence them against the Inquisition or who had made complaints to Charles or Adrian.[716] A more effective and bolder scheme was to accuse Juan Prat of having falsified the series of articles sent to Rome. Charles had appointed a commission, consisting of the Archbishop of Saragossa, Cardinal Adrian and Chancellor Gattinara, to consider all matters connected with the Inquisition; to them Prat had submitted the articles which they returned to him with a declaration, which must have been an approval as its character was studiously suppressed in the subsequent proceedings. Notwithstanding this the Saragossa inquisitors, Pedro Arbués and Toribio Saldaña promptly reported to Charles, who had left Saragossa for Barcelona, that Prat had falsified the articles and Charles, from Igualada, February 4th, replied ordering them to obey the instructions of Cardinal Adrian and collect evidence as to the falsifications which they claimed to have discovered. They postponed action, however, for some weeks until the archbishop had left the city and did not arrest Prat until March 16th. Their investigation revealed some trivial irregularities but nothing to invalidate the accuracy of the articles transmitted to Rome, yet on the 18th they communicated to the Suprema the results of their labors as though the whole record was vitiated and Prat had been guilty of falsification. A way thus was opened to escape from the engagements entered into with the Córtes. A series of articles was drawn up, signed by Gattinara, which was sent to Rome as the genuine one and urgent letters were despatched, April 30th, to all the Roman agents, the pope and four of the cardinals in the Spanish interest, stating that the official copy was falsified, the genuine one was that bearing Gattinara’s name, the honor of God was involved and the safety of the Catholic faith and no effort was to be spared to secure the papal confirmation of the right articles.
To justify this it was necessary that Prat should be convicted and punished. Apparently fearing that this could not be accomplished in Saragossa, Cardinal Adrian ordered the inquisitors to send him to Barcelona for trial, in ignorance that this was in violation of one of the dearest of the Aragonese privileges forbidding the deportation of any citizen against his will. This aroused a storm and the leading officials of Church and State interposed so effectually with the inquisitors that Prat was allowed to remain in the secret prison of the Aljafería. The quarrel
