was postponed and on February 14, 1714, Molines, the ambassador at Rome, reported that copies had been sent there by Curiel, Giudice and Belluga, Bishop of Murcia. Although it was a secret state paper, the curia issued a decree condemning it and, coupled with it, an old work, Barclay’s reply to Bellarmine and a French defence of the royal prerogative by Le Vayer, attributed to President Denis Talon. Such a decree could not be published in Spain without previous submission to the Royal Council, but Giudice was relied upon to evade this. He was nothing loath, for he had an old quarrel with Macanaz, who had prevented his obtaining the archbishopric of Toledo, his enmity being so marked that at one time Philip, to separate them, had sent Macanaz to France with the title of ambassador extraordinary, but without functions. At the moment Giudice was ambassador to France and the decree was sent to him; he declined to act unless assured of the protection of the courts of Rome and Vienna and, on receiving pledges of this, he signed it, July 30th as inquisitor-general and sent it to the Suprema for publication. Four of the members promptly signed it and had it published at high mass in the churches on August 15th. This created an immense sensation and exaggerated accounts were circulated of the errors and heresies contained in the unknown legal argument which Macanaz had prepared in the strict line of his duty.
When Philip was informed the next day of this audacious proceeding he called into consultation his confessor Robinet and three other theologians, who submitted on the 17th an opinion in writing that the Suprema should be required to suspend the edict and that Giudice should be dismissed and banished. The Suprema obeyed, excusing itself on the pretext that it had supposed, as a matter of course, that Giudice had submitted the edict to the king. He was not satisfied with this and dismissed three of them, but they refused to surrender their places. Then he summoned a meeting of the Council of Castile, pointing out that, if such things were permitted, the kingdom would be reduced to vassalage under the Dataria and other tribunals of the curia; the Council was not to separate until every member had recorded his opinion as to the measures to be taken. Seven of them voted for dismissing and banishing Giudice, while four showed themselves favorable to the Inquisition. Meanwhile, on the 17th, Philip had despatched a courier to Paris summoning Giudice to return and informing Louis XIV of the affair. The latter, recognizing that the decree was an assault on the French as well as the Spanish regalías, refused to Giudice a farewell audience and sent his confessor Le Tellier to tell him that, were he not certain that Philip would punish him condignly, he would do so himself. When Giudice reached Bayonne he was met by an order not to enter Spain until the edict should be revoked. He replied submissively, enclosing his resignation, whereupon Philip commanded him to return to his archbishopric—a command which he did not obey. Felipe Antonio Gil de Taboada was appointed inquisitor-general and, on February 28, 1715, his commission was despatched from Rome; probably the Suprema interposed difficulties for he never served; he obtained the post of Governor of the Council of Castile, to be rewarded subsequently with the archbishopric of Seville.[785]
THE INQUISITOR-GENERALSHIP
Meanwhile there was a court revolution. María Luisa of Savoy, Philip’s wife, died February 11, 1714. The Princesse des Ursins, who had accompanied her to Spain and had become the most considerable personage in the kingdom, desired to find a new bride whom she could control. Giulio Alberoni, an adroit Italian adventurer, was then serving as the envoy of the Duke of Parma and persuaded her that Elisabeth Farnese, the daughter of his patron, would be subservient to her, and the match was arranged. December 11, 1714, Elisabeth reached Pampeluna and found Alberoni there ready to instruct her as to her course and his teaching bore speedy fruit. Des Ursins had also hastened to meet the new queen and was at Idiaguez, not far distant, where she received from the imperious young woman an order to quit Spain. Alberoni, who was in league with Giudice and hated Macanaz, painted him to Elisabeth in the darkest colors and his ruin was resolved upon.
He had been pursuing his duty as Fiscal-general of the Council of Castile; in July, 1714, he had occasion to make another report on the notorious evils of the Religious Orders, pointing out the necessity of their reform and asserting that the pope is not the master of ecclesiastical property and spiritual profits. Some months later he was called upon to draw up a complete reform of the Inquisition, suggested doubtless by the pending conflict, for which an occasion was found in an insolent invasion of the royal rights by the tribunal of Lima. The Council of Indies complained that the latter had removed from the administration of certain properties indebted to the royal treasury the person appointed by the Chamber of Accounts, on the plea that the owner was also a debtor to the Inquisition. Philip V thereupon ordered Macanaz, in conjunction with D. Martin de Miraval, fiscal of the Council of Indies, to make a report covering all the points on which the Holy Office should be reformed. The two fiscals presented their report November 14, 1714, exhaustively reviewing the invasions of the royal jurisdiction which, as we shall see hereafter, were constant and audacious, and their recommendations were framed with a view of rendering the Inquisition an instrument for executing the royal will, to the subversion of the jealously-guarded principle that laymen should be wholly excluded from spiritual jurisdiction.[786]
In the reaction wrought by Elisabeth and Alberoni, Macanaz was necessarily sacrificed. Philip, notoriously uxorious, speedily fell under the domination of his strong-minded bride and Alberoni became the all-powerful minister. Giudice, who had been loitering on the borders, was recalled and, on March 28, 1715, Philip abased himself by signing a most humiliating paper, evidently drawn up by Giudice, reinstating the latter and apologizing for his acts on the ground of having been misled by evil counsel.[787] Alberoni and Giudice, however, were too ambitious and too unprincipled to remain friends. Their intrigues clashed in Rome, the one to obtain a cardinal’s hat, the other to advance his nephew. Alberoni had the ear of the queen and speedily undermined his rival. Giudice was also tutor of the young prince Luis; on July 15, 1716, he was deprived of the post and ordered to leave the palace and, on the 25th, he was forbidden to enter it. He fell into complete disfavor and shortly left Spain for Rome, where he placed the imperial arms over his door. His resignation must have followed speedily for, on January 23, 1717, the tribunal of Barcelona acknowledges receipt of an announcement from the Suprema that the pope has at last acceded to the reiterated requests of Cardinal Giudice to be allowed to resign and has appointed in his place D. Joseph de Molines, as published in a royal decree of January 9th.[788] Alberoni obtained the coveted cardinalate but his triumph was transient. He replaced the king’s confessor, Father Robinet with another Jesuit, Father Daubenton, who soon intrigued against him so successfully and so secretly that the first intimation of his fall was a royal order, December 5, 1719, to leave Madrid within eight days and Spain in three weeks. He vainly sought an audience of Philip and was forced to obey.[789]
THE INQUISITOR-GENERALSHIP
Although the episode of Giudice is thus closed, the fate of Macanaz is too illustrative of inquisitorial methods and of royal weakness to be passed over without brief mention. He had incurred the undying hatred of the Inquisition simply in discharge of his duty as an adviser of the crown, with perhaps an excess of zeal for his master and an intemperate patriotism that strove to restore its lost glories to Spain. It was impossible to continue him in his high function while recalling Giudice and, as a decent cover for banishment, he was allowed, in March, 1715, to seek the waters of Bagnères for his health, when he departed on an exile that lasted for thirty-three years to be followed by an imprisonment of twelve. Giudice promptly commenced a prosecution for heresy, sufficient proof of which, according to the standards of the Holy Office, was afforded by his official papers. As he dared not return, his trial in absentia resulted, as such trials were wont to do, in conviction, and he seems to have been sentenced to perpetual exile with confiscation of all his property, including even five hundred doubloons which the king was sending to him at Pau through a banker of Saragossa. All his papers and correspondence in the hands of his friends were seized and his brother, a Dominican fraile, whom the king had placed in the Suprema, was arrested in the hope of obtaining incriminating evidence.[790]
Thenceforth he led a life of wandering exile, so peculiar that it is explicable only by the character of Philip. He was in constant correspondence with high state officials and was frequently entrusted with important negotiations. Sometimes he was under salary, but it was irregularly
