throughout the year and, when Leo died, December 1, 1521, the briefs were still unrevoked.
A year earlier, however, December 1, 1520, he had confirmed the Concordia, in a bull so carefully drawn as not to commit the Holy See to either of the contesting versions. It was limited to the promises embraced in Charles’s oath and, as regards the articles, it merely said that the canons and ordinances and papal decrees should be inviolably observed, under pain of ipso facto excommunication, dismissal from office and disability for re-appointment. Either side was consequently at liberty to put what construction it pleased on the papal utterance.
Charles meanwhile had been growing more and more impatient for the servicio so long withheld; he had written to Adrian and also to the inquisitors, ordering that the Concordia of Monzon (1512) and that of Saragossa, according to his version, should be strictly obeyed, so that the abuses thus sought to be corrected should cease and the people should pay the impost. The inquisitors dallied and seem to have asked him what articles he referred to for he replied, September 17th, explaining that they were those of Monzon and Saragossa, the latter as expressed in the paper signed by Adrian and Gattinara. When, therefore, he received the papal confirmation of December 1st he lost no time in writing, December 18th, to Adrian and the inquisitors announcing it and ordering the articles to be rigidly observed without gloss or interpretation, so that the abuses and disorders prohibited in them may cease, but he was careful to describe the articles as those agreed upon at Monzon and lately confirmed at Saragossa in the form adopted by Adrian and Gattinara.
The Aragonese, on the other hand, adhered to their version. The bull of confirmation seems to have reached Saragossa through Flanders, accompanied by a letter from Charles and it was not until January 15, 1521, that the Diputados wrote to Adrian enclosing the royal letter and a copy of the bull. In obeying it, he conceded the Aragonese version of the Concordia, though with a bad grace. From Tordesillas, January 28th, he wrote to the Diputados and the inquisitors that the bull must be obeyed although it might properly be considered surreptitious, as it asserted that Charles had sworn to the fictitious articles inserted by Juan Prat, for which the latter deserved the severest punishment. In spite of this burst of petulance, however, he practically admitted Prat’s innocence by ordering his liberation and, on February 13, 1521, the order was carried in triumph by the governor, the Diputados and a concourse of nobles and citizens to the Aljafería and solemnly presented to the inquisitors, who asked for copies and, with these in their hands, said that they would do their duty without swerving from justice and reason. So well satisfied were the Aragonese that to show their gratitude they had already, on January 18th, ordered the cities and towns to pay all current imposts as well as the suspended subsidio within thirty-five days. It may be added that finally Cardinal Adrian recognized the innocence of Prat in the most formal manner, in a letter of April 20th to the inquisitors, imposing silence on the fiscal and ordering the discharge of Prat and his securities.[717]
STRUGGLE IN BARCELONA
Triumph and gratitude were alike misplaced. Cardinal Adrian had followed his letter of January 28th with another of the 30th to the inquisitors, instructing them that the papal confirmation must be construed in accordance with the sacred canons and the decrees of the Holy See, so that they could continue to administer justice duly and he encouraged them with an ayuda de costa or gratuity.[718] They went on imperturbably with their work; not only was the Concordia of Saragossa never observed but that of Monzon was treated as non-existent and we shall see hereafter that, towards the close of the century, the Inquisition coolly asserted that the latter had been invalidated when Leo X released Ferdinand from his oath to observe it and that the former had never been confirmed and that there was no trace of either having ever been observed. The Inquisition, in fact, was invulnerable and impenetrable. It made its own laws and there was no power in the land, save that of the crown, that could force it to keep its engagements.
Meanwhile the obstinacy of the Catalans, which detained the impatient Charles in Barcelona throughout the year 1519, secured, nominally at least, the formal confirmation by both Charles and Adrian, of the Monzon Concordia of 1512 with additions. One of these provided that any one who entered the service of the Holy Office while liable to a civil or criminal action, should still be held to answer before his former judge, and that criminal offences, unconnected with the faith, committed by officials should be exclusively justiciable in the civil courts. This struck at the root of one of the most serious abuses—the immunity with which the Inquisition shielded its criminals—and scarcely less important to all who had dealings with New Christians was another article providing that property acquired in good faith, from one reputed to be a Christian, should be exempt from confiscation in case the seller should subsequently be convicted, even though the thirty years’ prescription should still exist.[719]
The agreement was reached January 11, 1520, but experience of the faithlessness of the Inquisition had made the Catalans wary. They were about to grant a servicio to Charles and they sought a guarantee by addressing to him a supplication that he should make Cardinal Adrian swear to the observance of the Concordia of 1512 and the new articles and that he should procure within four months from the pope a bull of confirmation, in which the Bishops of Lérida and Barcelona should be appointed conservators, with full power to enforce the agreement. They offered to pay two hundred ducats towards the cost of the bull and they demanded that they should retain twenty thousand libras of the servicio until the bull should be delivered to the Diputados. The same condition was attached to a liberal donation of twelve thousand libras which they made to the Inquisition—probably a part of the bargain. Meanwhile Charles was to give orders that the inquisitors should be bound by the articles and, in case of infraction, satisfaction for such violations should be deducted from the twenty thousand libras. In due time, August 25th, Leo X executed a formal bull of confirmation of the articles of 1512 and 1520 and appointed the Bishops of Lérida and Barcelona as conservators.[720]
ABUSES CONTINUE
What was the value of the Concordia thus solemnly agreed to and liberally paid for, with its papal confirmation and conservators, was speedily seen when, in 1523, the authorities of Perpignan became involved in a quarrel with Inquisitor Juan Naverdu over the case of the wife of Juan Noguer. They complained of an infraction of the Concordia and applied to the Bishop of Lérida for its enforcement. He appointed Miguel Roig, a canon of Elna, as the executor of his decision, who issued letters ordering the inquisitor and his secretary to observe the Concordia, under pain of excommunication, and to drop the cases which they were prosecuting. Appeal was also made to Rome and letters were obtained from Clement VII. Charles, however, intervened and obtained another brief, January 6, 1524, annulling the previous one and transferring the matter to Inquisitor-general Manrique. The result was that nearly all the magistrates of Perpignan—the consuls and jurados with their lawyers and Miguel Roig—were obliged to swear obedience in all things to the Inquisition, were exposed to the irredeemable disgrace of appearing as penitents at the mass and were subjected to fines from which the Holy Office gathered in the comfortable sum of 1115 ducats.[721] The motto of the Inquisition was noli me tangere and it administered a sharp lesson to all who might venture, even under papal authority, to make it conform to its agreements.
It was in vain that the sturdy subjects of the crown of Aragon struggled and gained concessions, paid for them and fenced them around with all the precautions held sacred by public law. The inquisitors felt themselves to be above the law and all the old abuses continued to flourish as rankly as ever. About this time the Córtes of the three kingdoms, by command of Charles, addressed to Inquisitor-general Manrique a series of sixteen grievances, repeating the old complaints—the extension of jurisdiction over usury, blasphemy, bigamy and sodomy; the acceptance by the inquisitors of commissions to act as conservators in secular and ecclesiastical cases and profane matters; their arresting people for private quarrels and on trivial charges and insufficient evidence, leaving on them and their descendants an ineffaceable stain, even though they were discharged without penance; their multiplication of familiars and concealing their names, appointing criminals and protecting them in their crimes and finally their overbearing and insulting attitude in general. In answer to this the inquisitor-general contented
