History of the Inquisition of Spain. Henry Charles Lea

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by Inquisitor Gaspar Cervantes, whose report was exceedingly severe on the disorders of the tribunal and drew from the Suprema an energetic demand for their reform.[1256] This produced no amendment, the tribunal went on undisturbed until the complaints of the Córtes of 1564 led to another and more searching investigation by de Soto Salazar, in 1566. There were not only abuses of all kinds in the trials of heresy but numerous cases in which, as the Suprema told them, they had no jurisdiction. Apparently they were ready to put their unlimited powers at the disposal of all comers and imprisoned, fined and punished in the most arbitrary manner, gathering fees, commissions and doubtless bribes and selling injustice to all who wanted it, while the dread of their censures prevented opposition or remonstrance. In these cases which were not of faith, the accused were often seized in the churches, where they had sought asylum, as though they were wanted for heresy and the repeated instances in which the Suprema orders their names stricken from the records points to one of the most cruel results of this reckless abuse of jurisdiction, for it inflicted on the sufferer, his kindred and posterity, an infamy unendurable to the Spaniard of the period. The long and detailed missive which the Suprema addressed to the tribunal, as the result of Salazar’s report, gives a most vivid inside view of the abuses naturally springing from unrestrained autocracy, which, by the absolute and impenetrable secrecy of its operations, was relieved from all responsibility to its victims or to public opinion. The Suprema takes every official in turn, from inquisitors down to messengers, specifies their misdeeds and scores them mercilessly, showing that the whole organization was solely intent on making dishonest gains, on magnifying its privileges and on tyrannizing over the community, while the defence of the faith was the baldest pretext for the gratification of greed and evil passions. Yet all this was practically regarded as quite compatible with the duties of the Inquisition. The three inquisitors, Padilla, Zurita and Mexia, were suspended for three years and were then sent to repeat their misdeeds elsewhere and the two former were in addition fined ten ducats apiece.[1257] That an institution possessing these powers and exercising them in such fashion, should be regarded with terror and detestation was inevitable. We shall see hereafter how it shrouded all its acts in inviolable secrecy and how it rightly regarded this as one of the most important factors of its influence, and we can understand the mysterious dread which this inspired, while, at the same time, it released the inquisitor and his subordinates from the wholesome restraint of publicity.

      ABUSES

      The smothered hostility thus excited was always ready for an explosion when opportunity offered to gratify it. In the desire to stimulate the breeding of horses, a royal pragmática, in 1628, prohibited the use of mules for coaches. The inquisitors of Logroño, in the full confidence that no one would venture to interfere with them, persisted in driving with mules and when the corregidor, Don Francisco Bazan, remonstrated and threatened to seize a coach, they told him it would be his ruin. He did not venture, but, in 1633, he procured from the Council of Castile an order that no coaches should be used in Logroño, under pretext that they damaged certain shops projecting on the principal street. The fiscal of the tribunal undertook to meet this by asserting that it had a special privilege from the king concerning coaches, but when Bazan promised to obey, it was not forthcoming. The Suprema took up the quarrel and represented to Philip IV the hardship inflicted on the inquisitors, too old and feeble for the saddle; the compassionate king endorsed on the consulta the customary formula of approval—“I have so ordered”; the Suprema then applied to the Council of Castile for a corresponding order and several communications passed without result. Another consulta was presented to the king, who endorsed it “I have so ordered again,” but the Council of Castile was still evasive. Then the Logroño authorities offered to the Bishop of Calahorra permission to use coaches and intimated to the inquisitors that, if they would apply for a licence, it would be given. The Suprema forbade them thus to recognize the local magistracy, as they had royal authority, whereupon they resumed the use of their coaches; the alguazil of the corregidor arrested one of their coachmen and they excommunicated the corregidor. The king, December 9, 1633, ordered him to be absolved, to which, on December 30th, the Suprema replied that he would be absolved if he made application. The Council of Castile presented to the king a consulta, arguing that ecclesiastics and inquisitors alike owed obedience to the laws and that the corregidor had acted with great moderation. February 5, 1634, the king enquired what had been done with the corregidor, but it was not until December 16th that the Suprema condescended to reply, complaining bitterly of the slight put upon the Inquisition, when the whole safety of the monarchy depended upon its labors. Finally, on February 15, 1635, the Council of Castile sent to the Suprema a licence for the use of coaches in Logroño, at the same time intimating that its tax of media añata had not been paid. In the course of the quarrel the Council presented a very forcible consulta to the king which exhibits the light in which the Inquisition was regarded by the highest authorities of the State. It represented that everywhere the inquisitors and their officials, under color of privileges that they did not possess, were causing grave disorders. They were vexing and molesting the corregidors and other ministers of the king, oppressing them with violent methods and frightening them with threats of punishment in order to deter them from defending the royal jurisdiction. Thus crimes remained unpunished, justice became a mockery and the king’s vassals were afflicted with what they were made to suffer in their honor, their lives, their fortunes and their consciences.[1258]

      ABUSES

      Trivial quarrels such as this, developed until they distracted the attention of the king and his advisers, were constantly breaking out and bear testimony to the antagonistic spirit which was all-pervading. A long-standing cause of dissension in Logroño may be taken as a type of what was occurring in many other places. Local officials there, as elsewhere, had a perquisite in the public carnicería, or shambles, of dividing among themselves the vientres or menudos—the chitterlings—of the beasts slaughtered. It was not unnatural that the inquisitors and their subordinates should seek to share in this, but the claim was grudgingly admitted, as it diminished the portions of the town officers, and it led to bickerings. In 1572 Logroño complained to the Suprema that, while it was willing to give to each inquisitor the menudo of a sheep every week, the inferior officials, down to the messengers, claimed the same and, when there was not enough to go round, they caused the slaughter of additional sheep, in order to get their perquisite. As the population was poor, living mostly on cow-beef, and meat would not keep in hot weather, this caused much waste, wherefore the town begged that during the four hot months the inferior officials should be content with what the town officers received and during the other eight months it would endeavor to give them more. To this the Suprema graciously assented, but, in 1577, there was another outbreak, to quiet which the Suprema ordered the enforcement of the agreement. In 1584 trouble arose again and still more in 1593 and in 1601 it reached a point at which the tribunal summoned all the staff of the carnicería and scolded them roundly, giving rise to great excitement. Then in 1620 there was a worse outbreak than ever, owing to the refusal of the regidor to give to one of the inquisitors two pairs of sheep’s stones asked for on the plea that he had guests to breakfast. The angry inquisitor, thus deprived of his breakfast relish, induced the tribunal to summon the regidor before it and severely reprimand him, thus not only inflicting a grave stigma on him, but insulting the town, of which it complained loudly to the Suprema.[1259] It is easy to understand how trifles of the kind kept up a perpetual irritation, of which only the exacerbations appear in the records.

      The privileges of the markets, in fact, were a source of endless troubles. It was recognized that both secular and ecclesiastical officials were entitled to the first choice and to be served first. Those of the Inquisition claimed the same privilege, not only in cities where there was a tribunal, but also where the scattered commissioners and notaries resided. That this was frequently resisted is shown by the formula of mandate to be used in such cases, addressed to the corregidor or alcaldes, setting forth that the rights in this respect of the aggrieved party had not been respected and that in future he should have the first and best (after the secular and ecclesiastical officials had been served) of all provisions that he required, at current prices, and this under penalty of twenty thousand maravedís, besides punishment to the full rigor of the law.[1260] It does not appear that there really was any legislation entitling

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