The Pope gave ear to these plaints, convinced himself of their truth, and made his protest to Ferdinand and Isabella. He announced in his brief that he would have deprived the inquisitors of their office but that he was restrained by consideration for the Sovereigns who had appointed them; nevertheless, he was sending them a brief of admonition, and should they again give cause for complaint he would be constrained to depose them. In the meantime he revoked the faculty given the Sovereigns of appointing inquisitors, protesting that when conceding this he had not sufficiently considered that already there were inquisitors in the Sovereigns’ dominions and that the General of the Dominicans and the Spanish provincials of that order had the right to make such appointments. The bull that he had granted was therefore in opposition to that right, and would never have been granted had the matter been sufficiently considered.*
[* Paramo, “De Origine,” . Llorente quotes this brief from Lumbreras, adding that the original is in the royal library. See his “Memoria Historica,” .]
CHAPTER IX. THE SUPREME COUNCIL
The Sovereigns appear to have submitted without protest to this papal interference and to the revocation of the faculty bestowed upon them of nominating the inquisitors in their kingdom. This submission was hardly to have been expected from their earlier attitude, but there are two reasons, either or both of which may possibly account for it.
It will be remembered that there was a considerable number of New-Christians about the Court and in immediate attendance upon the Queen, one of whom was her secretary Pulgar. What view Pulgar took of the Seville proceedings we know, and it is not too much to assume that his view was the view of all Christians of Jewish extraction. These New-Christians and others may very well have urged upon the notice of the Sovereigns the cruelties and injustices that were being practised, drawing their attention to the decree that made innocent children suffer for the offences of which their parents had been convicted — a decree which, hideous enough when the parents were actually guilty, became unspeakably hideous when that guilt was no more than presumed.
In view of such representations the Sovereigns may have found the papal rebuke unanswerable and the Pope’s action justified.
Then, again, they may have taken into consideration the projected war upon Granada, the last province of the peninsula remaining in Moorish hands. Funds were urgently required for this campaign, and the confiscations that were daily being effected by the Holy Office were rapidly supplying these — for the early victims of the Inquisition, as we know, were persons of great wealth and distinction.*
[* “...e fueron aplicados todos sus bienes para la Camara del Rey y de la Reyna, los cuales fueron en gran cantidad.” — Pulgar, “Cronica,” cap. xcv.]
Now the papal brief, whilst it cancelled the royal prerogative of appointing inquisitors, did not attempt to divert the course of this stream of confiscated property, nor, indeed, made any mention of the matter. So that they may have hesitated to oppose themselves to measures which they recognized as just and which continued to supply them with the means for what they looked upon as a righteous cmsade.
Bigotry and acquisitiveness were again joining forces, and, united, they must prove, as ever, irresistible.
But on February 11, 1482, the Roman Curia issued another brief addressed to the Sovereigns, wherein — entirely ignoring what already had been written — it was announced that the General of the Dominicans, Fr. Alonso de Cebrian, having represented to the Pope the need to multiply the number of inquisitors in Spain, his Holiness had resolved to appoint the said Fr. Alonso and seven other Dominicans to conduct the affairs of the Holy Office in that kingdom, commanding them to exercise their ministry in conjunction with the diocesan ordinary and in accordance with the terms set forth in the briefs that were being addressed to them.*
[* Paramo, “De Origine,” .]
One of the eight Dominicans mentioned by the Pope was Fr. Tomás de Torquemada, who by now was become confessor to the King and to the Cardinal of Spain.
This brief, following so rapidly upon that which revoked the Sovereigns’ power, may have caused Ferdinand and Isabella to look upon it as the second move in an intrigue whose aim was to strengthen the ecclesiastical arm in Spain to the detriment of the royal authority.
On April 17 Sixtus sent the promised instructions to the inquisitors of Aragon, Cataluna, Valencia, and Mallorca. These indicated a procedure in matters of faith so contrary to common law, that no sooner did the inquisitors attempt to carry them into execution than there was an uproar which afforded Ferdinand grounds upon which to indite a protest to the Holy Father.
A reply came in the following October. Sixtus wrote that the briefs of last April had been drawn up after conference with several members of the Sacred College; that these cardinals were now absent from Rome, but that on their return the matter should be further considered. Meanwhile, however, in view of the results that had attended those briefs, he was informing the inquisitors that they were exempt from acting upon the terms set forth in them and instructing them to proceed, as formerly, in co-operation with the diocesan ordinaries.
But in the meantime, for all the Pope’s protest against the excessive severity of the Seville tribunal, this severity continued so undiminished, not only in Seville but also in the districts under the jurisdiction of other inquisitors, that there was a continuous emigration from Spain of the wealthy New-Christian families. Many of these repaired to Rome to appeal to the Pontifical Courts and to procure there an absolution which should accord them immunity from the Spanish tribunals of the Holy Office.
But even when this absolution was procured a large number of these emigrants never thought of returning to Spain, considering it wiser to settle in a country in which they were in less danger of persecution.
Although it is certain that the Sovereigns can have had no prevision of what actually was to happen as a consequence — though not in their own day, nor for some time afterwards — although they may have been very far from foreseeing that by driving out these energetic, industrious, intelligent men they were depriving the country of the financially able, wealth-producing element of the community — still they did undoubtedly perceive what was immediately before them; and they began to fear the possibility of their country’s being drained of its present wealth if these emigrations were to continue.
So Isabella wrote to the Pope entreating him to establish a court of appeal in Spain, and thus dispose that proceedings started within the kingdom could there be carried to their conclusion without the need for these appeals to Rome. To this the Pope replied in affectionate terms on February 23, 1483, promising to give the matter every consideration.*
[* See letter quoted in Appendix to Llorente’s “Memoria Historica.”]
Shortly thereafter he held a conference of the Spanish Cardinals, the principal of whom in wealth, importance, and distinction was Roderigo Borgia, Cardinal of Valencia. At this conference several provisions were agreed upon, and these were embodied in the briefs dispatched from the Vatican on May 25 following.
The first of these was to the Sovereigns. It contained a gracious assent to their petition, and exhorted them to be zealous in this matter of the Faith, reminding them that Jehu had consolidated his kingdom by the destruction of idolatry, and that the Sovereigns would meet with the same good fortune, as already God was giving them many victories over the Moors to reward their piety and the purity of their faith.
The second was to Inigo Manrique, Archbishop of Seville (having succeeded in this see to the Cardinal of Spain, who was now Archbishop of Toledo), appointing him judge of appeal in Causas de Fé.
The remaining briefs were addressed to the Archbishop of Toledo and the other Spanish archbishops, commanding them, to the end that the functions of the Inquisition should be discharged with integrity, that in the event of there being in their ecclesiastical provinces any bishops who were of Jewish descent, they should suavely admonish these not to intervene in person in the proceedings of the Holy O
ffice, but to allow themselves to be represented by their principal officials, provisors, and diocesan vicars-general — always provided that none of these was of Jewish blood.
This decree was natural enough, and there was some occasion for it, considering the number of Spanish families of Jewish consanguinity as a consequence of marriages between Christians and conversos — many of these marriages having been contracted between Castilians of good birth and the daughters of wealthy baptized Jews. It is a decree that entirely contradicts Pulgar’s assertion that Torquemada was of Jewish extraction.
The appointment of Manrique as judge of appeal was a very brief one, nor did it work satisfactorily and accomplish what the Queen desired. In the following August came another papal brief, stating that, notwithstanding that appointment, fugitive New-Christians from the Archbishopric of Seville continued to arrive in Rome and to make their appeals to the Apostolic Courts, protesting that they dared not address these to the appointed tribunal in Seville, for fear of being treated with excessive rigour.
Many stated that, by virtue of the ban against them for having left the city, they were fearful of being flung into prison unheard. Many, again, had already been tried during their absence and burnt in effigy, and they were apprehensive that if they returned their appeals would be refused a hearing, and they would be sent at once to the flames in execution of the sentence already pronounced against them.
Therefore the Pope now ordered Manrique to admit to reconciliation all who might seek it, in despite of any judgment or sentence already passed upon them.
Had these commands prevailed, the destruction wrought by the Inquisition would have been considerably reduced, since none could have suffered but the persistent apostate. The brief, however, does not appear to have been even dispatched. No sooner was its merciful decree indited than it was regretted and retracted. Eleven days later Sixtus wrote to Ferdinand acquainting him with the terms of that brief which had been intended for Manrique, but explaining that these had not been sufficiently considered, and that, therefore, he was retaining it whilst fresh measures were deliberated.
The position must have been growing intolerable to the Sovereigns, for the Holy Office in Spain, directed in this fashion from Rome, was governed by unstable and ever-shifting elements that were eminently disturbing to the State — particularly now that the Inquisition was growing rapidly in importance. Therefore Isabella wrote again, imploring the Holy Father to give that institution a settled form. To this the Pope acceded, perhaps himself aware of the necessity for the thing requested. A head was necessary for the consolidated institution it was now proposed to form, and Frey Tomás de Torquemada, from what was known of his life, his character, and his ability, was judged to be the man to fill this important office. Accordingly he was recommended to Sixtus by the Sovereigns, and he received his appointment from the Pope, first as Grand Inquisitor for Castile, and soon after (by the bull of October 17, 1483) his jurisdiction was extended to include Aragon; so that he found himself at the head of the Holy Office in Spain, and invested with the fullest powers. It was his to elect, depose, and replace subaltern inquisitors at his will, and the jurisdiction of all those he appointed was subject to and dependent upon himself.*
[* The bull of nomination is quoted in full by Paramo, “De Origine,” ]
Llorente says of him: “The result accredited the election. It seemed almost impossible that there should be another man so capable of executing the intentions of King Ferdinand to multiply confiscations, the intentions of the Roman Curia to propagate its jurisdiction and pecuniary maxims, and the intentions of the projectors of the Inquisition and its Autos de Fé to inspire terror.”*
[* “Hist. Critica,” tom. i. art. i. §. 2.]
With his elevation to that important position — a position whose importance his own energy and determination were to increase until his power in the land should almost rival that of the Sovereigns themselves — the Spanish Inquisition enters now upon a new phase. Under the jurisdiction and control of that stern-souled, mild-eyed ascetic, the entire character of the Holy Office is transformed.
Immediately upon his appointment he set about reconstituting it so that it should be in harmony with the wishes of the Sovereigns. To assist him he appointed as his assessors the jurisconsults Juan Gutierrez de Lachaves and Tristan de Medina, and he proceeded to establish four permanent tribunals: one in Seville, under Morillo and San Martin, whom he left undisturbed in their office, but subject to the new rules which he laid down for the transaction of affairs; one in Cordova, under Pedro Martinez de Barrio and Anton Ruiz Morales, with Fr. Martin de Caso as assessor; one in Jaen, under Juan Garcia de Cañas and Fr. Juan de Yarza; and one in Villa Real,* which shortly afterwards was transferred to Toledo, under Francisco Sanchez de la Fuente and Pedro Dias de Costana.
[* Afterwards Ciudad Real.]
In addition to these he appointed other inquisitors who, without being attached to any permanent tribunal, were to proceed wherever he should direct them as occasion arose to set up temporary courts.
In Toledo, Valladolid, Avila, Segovia, and other cities there were inquisitors already of the Pope’s, appointing. Some of these failed to show the complete submission to his orders which Torquemada demanded, with the result that they were promptly deposed and their places filled by others whom he nominated. Those who manifested obedience to his rule he confirmed in their appointments, but usually he sent a nominee of his own to act in conjunction with them.
Torquemada himself remained at Court; for now that the Inquisition was established upon its new footing it became necessary that he should be in constant communication with the Sovereigns for whom he acted. Consultations were necessary on the score of the measures to be taken for the administration of what was rapidly become a corporation of great importance in the realm. From this it presently resulted that to the four royal councils already in existence for the conduct of the affairs of the kingdom, a fifth was added especially to deal with inquisitorial matters. Whether the suggestion emanated from the Sovereigns or from Torquemada, there are no means of ascertaining, nor does it greatly signify.
This Supreme Council of the Inquisition was established in 1484. It consisted of three royal councillors: Alonso Carillo, Bishop of Mazzara, Sancho Velasquez de Cuellar, and Poncio de Valencia, all doctors of laws, and of Torquemada’s two assessors. To preside over this “Suprema” — as the council came to be called — Torquemada was appointed, thus enormously increasing the power and influence which already he wielded.
The three royal councillors had a definite vote in all matters that appertained to the jurisdiction of the Sovereigns; but in all matters of spiritual jurisdiction, which was vested entirely in the Grand Inquisitor by the papal bull, their votes were merely consultative — amounting to no more than an expression of opinion.
It was Torquemada’s desire that his subordinates should act with absolute uniformity in the discharge of the duties entrusted to them, and that the courts of the Holy Office throughout Spain should one and all be identical in their methods of procedure, the instruments of his will and the expression of his conceptions. With this end in view he summoned the inquisitors by him appointed to the Tribunals of Seville, Cordova, Jaen, and Villa Real to confer with him and his assessors and the royal councillors.
The assembly took place in Seville on October 29, and its business was the formulation of the first instructions of Torquemada for the guidance of all inquisitors.
In the library of the British Museum there is a vellum-bound copy of the edition of this code, which was subsequently published at Madrid in 1576.* It contains, in addition to Torquemada’s articles of 1484 and subsequent years, others added by his successors, and there are marginal notes giving the authorship of each. The work is partly printed, partly in manuscript, and a considerable number of pages remain in blank, that further instructions may be filled in as the need occurs. The printed matter is frequently underscored by the pen of one or another of the inquisitors t
hrough whose hands this copy passed during its active existence.
[* “Copilacion de las Instrucciones hechas, etc.” Press-mark C. 61. e. 6.]
The twenty-eight articles compiled by Torquemada at the assembly of 1484, and constituting his first “Instructions for the Governance of the Holy Office,” demand a chapter to themselves.
CHAPTER X. THE JURISPRUDENCE OE THE HOLY OFFICE — THE FIRST “INSTRUCTIONS” OF TORQUEMADA
The first manual for the use of inquisitors was probably written somewhere about 1320. It was the work of the Dominican friar Bernard Gui— “Practica Inquisitionis Heretice Pravitatis — Bernardo Guidonis, Ordinis Fratrum Predicatorum “ — and it summarised the experience gathered during a hundred years by the inquisitors of Southern France.
It is divided into five parts. The first three are directly concerned with procedure, and the formulae are given for every occasion — citation, arrest, pardon, commutation, and sentence — with the fullest particulars for the guidance of inquisitors. The fourth part treats of the powers vested in the tribunal of the Inquisition, and cites the authorities — i.e. the decrees of pontiffs and of councils. The fifth part surveys and defines the various heretical sects of Gui’s day, gives particulars of the doctrines, rites, and ceremonies by which each one may be known, and lays down methods by which heretical guile may be circumvented in examination.
The work was used by French inquisitors in general and those of Toulouse in particular, and it is more than probable that it inspired Nicolaus Eymeric to compile his voluminous “Directorium Inquisitorum” towards the middle of the fourteenth century.
Collected Works of Rafael Sabatini Page 632
