appointments without obligation of service, granted by the inquisitor-general, whether within or outside of Spain. The papers of all jubilations, new places and gratuities created or granted since the time of Valladares (1695) were to be placed in his hands. In no case thereafter should the inquisitor-general jubilate any official of the Suprema or local tribunal without consulting him, and any such act issued without a previous royal order was declared void. No ayuda de costa or grant exceeding thirty ducats vellon, for a single term, was to be made without awaiting his decision and this decree was to be placed in the hands of all receivers or treasurers for their guidance. It was so transmitted June 8th, with strict orders for its observance. This was a resolute assertion of the royal control over the finances of the Inquisition and it held good, in theory at least, however much it may have been eluded in practice. About the middle of the eighteenth century a systematic writer describes it as still in force and states that no salaries can be increased without the royal approval. It so continued to the end and, under the Restoration, an order from the king, countersigned by the Suprema, was requisite for any extraordinary disbursement.[839]
FINES AND PENANCES
Philip also reasserted and made good the right of the crown to the confiscations, by claiming a percentage of the rentals of all confiscated property, but he listened to appeals from the tribunals and, in 1710, we hear of Saragossa and Valencia being practically restored to their enjoyment, a liberality which was doubtless followed with regard to the others. In 1725 Valencia expressed its fear that the alliance with Austria against England, France and Prussia would result in its having to restore the confiscations, and the blow seems to have fallen for, in 1727, the suprema, in a consulta of December 9th, describing the poverty of Saragossa, attributes it to the king having taken away the confiscations which he had granted. With the gradual amelioration in the Spanish finances, this source of revenue must have been restored, for, in 1768, the Inquisition is described as enjoying the confiscations which the pious liberality of the monarchs had bestowed.[840]
There were other sources of revenue—rehabilitations or dispensations from the sanbenito and disabilities, commutations of punishment and the pecuniary penances known as penas y penitencias. All these will be considered hereafter, but a few words may be said as to the latter in their relation with the royal authority.
The penitents who were reconciled under Edicts of Grace were not subject to confiscation, but were punished with fines under the guise of pecuniary penance, at the discretion of the inquisitor. We have seen (pp. 169–70) how numerous these were and we can conjecture how large were the sums thus exacted, for penances of a half or a third of the penitent’s property were not uncommon. Similar fines also usually accompanied sentences that did not embrace confiscation and formed a continual although fluctuating source of revenue. Sometimes there were special officials for their collection but, when this was entrusted to the receivers of confiscations, they were instructed to keep a separate account of them, as the two funds were held to be essentially different and, as a rule, were to be employed for different purposes.
In the earliest Instructions of 1484, these pecuniary penances are said to be imposed as a limosna, or alms, to aid the sovereigns in the pious work of warring with the Moors, but, in the Instructions issued a few months later by Torquemada, this is modified by ordering them to be placed in the hands of a trustworthy person and reports to be made to him or to the king, in order that they may be spent on the war or in other pious uses or in paying the salaries of the Inquisition.[841] Both the destination and the control of these funds were thus left undetermined and they so continued for some years. In 1486 we find Ferdinand giving orders for sums from this source for various uses—for the war with Granada, to pay the salaries of a lay judge, to pay expenses of a tribunal of the Inquisition, to repay Luis de Santangel for advances made to tribunals; in one case his tone is apologetic and he asks Torquemada to confirm the order, in others his command is absolute.[842]
This indicates the uncertainty which existed both as to the use and the control of the pecuniary penances. So long as lasted the war with Granada, whatever was taken by the crown might be regarded as devoted, directly or indirectly, to that holy object, but when the conquest was achieved, in January, 1492, that excuse no longer existed and doubtless the inquisitors looked with jealousy upon the diversion to secular objects of the proceeds of their pious labors. The confiscations unquestionably belonged to the crown, but the penances were spiritual funds which for centuries had always enured to the Church. There must have been a sustained effort to withhold them from the royal acquisitiveness, to which Ferdinand was not disposed to yield, for he procured from Alexander VI, February 18, 1495, a brief directing the inquisitors to hold all such moneys subject to the control of the sovereigns, to be disposed of at their pleasure. Even this was resisted and Ferdinand and Isabella complained to the pope that they were unable to compel an accounting of the sums received or to collect the amounts, to correct which Alexander issued another brief, March 26, 1495, commissioning Ximenes, then Archbishop of Toledo, to enforce accounting and payment by excommunication and other censures.[843]
FINES AND PENANCES
This was equally ineffective. There was a privacy and simplicity in the imposition and collection of a penance very different from the procedure of sequestration and confiscation, and Ferdinand, at least for a time, abandoned the struggle. This is manifested by a clause in the Instructions of 1498, enjoining on inquisitors not to impose penances more heavily than justice requires in order to insure the payment of their salaries,[844] and the principle was formally recognized by Ferdinand and Isabella in a cédula of January 12, 1499, reciting that, although they held a papal brief placing at their disposal all moneys arising from penances, commutations and rehabilitations, yet they grant to the inquisitors-general all collections from these sources, both in Castile and Aragon, to be used in paying salaries, disbursements being made only on their order.[845]
Ferdinand, however, was not disposed to relax, on any point, his control over the Inquisition and, on April 10th of the same year, we find him forbidding the levying of penances on the members of a town-council for fautorship of heresy—doubtless a speculative infliction for some assumed neglect in arresting suspects. In 1501 his renunciation is already forgotten and he is making grants from the penances as absolutely as ever—even empowering Inquisitor-general Deza to use those of Valencia, to the extent of a hundred ducats a year for the salary of Jaime de Muchildos, the Roman agent of the Inquisition.[846] So, in 1511, we find him granting to Enguera, Inquisitor-general of Aragon, a thousand libras out of the penances to defray the expenses of his bulls for the see of Lérida and authorizing him to pay from them an ayuda de costa of two hundred ducats to Joan de Gualbes, a member of the Aragonese Suprema. Then, in 1514, he places all the penances unreservedly at the disposal of Inquisitor-general Mercader to be employed on the salaries and other necessary expenses of the Inquisition of Aragon. This seems to have been final. After his death, instructions sent to the tribunal of Sicily assume that the inquisitor-general has sole and absolute control. It was the same in Castile. Instructions issued by Ximenes, in 1516, direct the receiver-general, who was an officer of the Suprema, to collect the penances from the receivers of the tribunals, who were to keep them in a separate account and not to disburse them without an order from the inquisitor-general. After this we find the Suprema in full control.[847]
There is virtually no trace of any interference subsequently by the crown, and the Inquisition found itself in possession of an independent and by no means inconsiderable source of revenue which it could levy, almost at will, from those who fell into its hands. The only exception to this that I have met is that Philip IV, in his financial distress, by a decree of September 30, 1639, claimed and collected twenty-five per cent. of fines, but he scrupulously limited this to those inflicted in cases not connected with the faith—that is, in the exercise of the royal jurisdiction, civil and criminal, enjoyed by the Inquisition in matters concerning familiars and other officials.[848]
IRRESPONSIBILITY
Though, as we have seen, the independence of the Inquisition, as a self-centered and self-sustaining institution in the State, varied with the temper and the necessities
