A History of the Inquisition of Spain (Vol. 1-4). Henry Charles Lea
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the movement by an increase of severity towards the recalcitrant, Benedict issued his constitution Etsi doctoribus gentium, in which he virtually embodied the Ordenamiento de Doña Catalina, thus giving to its system of terrible repression the sanction of Church as well as of State. He further forbade the possession of the Talmud or of any books contrary to the Christian faith, ordering the bishops and inquisitors to make semi-annual inquests of the aljamas and to proceed against all found in possession of such books. No Jew should even bind a book in which the name of Christ or the Virgin appeared. Princes were exhorted to grant them no favors or privileges and the faithful at large were commanded not to rent or sell houses to them or to hold companionship or conversation with them. Moreover they were prohibited to exercise usury and thrice a year they were to be preached to and warned to abandon their errors. The bishops in general were ordered to see to the strict enforcement of all these provisions and the execution of the bull was specially confided to Gonzalo, Bishop of Sigüenza, son of the great Converso, Pablo de Santa María. As the utterance of the Anti-pope Benedict, this searching and cruel legislation, designed to reduce the Jews to the lowest depths of poverty and despair, was current only in the lands of his obedience, but when his triumphant rival, Martin V, confirmed the charge confided to the Bishop of Sigüenza he accepted and ratified the act of Benedict.[344] Nay more; in 1434, Alfonso de Santa María, Bishop of Burgos, another son of the Converso Pablo, when a delegate to the council of Basle, procured the passage of a decree in the same sense.[345] The quarrel of the council with the papacy, it is true, deprived its utterance of œcumenic authority, but this deficiency was supplied when, in 1442, Eugenius IV issued a bull which was virtually a repetition of the law of Doña Catalina and of the constitution of Benedict XIII, while this was followed, in 1447, by an even more rigorous one of Nicholas V.[346] Thus all factions of the Church, however much they might wrangle on other points, cheerfully united in rendering the life of the Jew as miserable as possible and in forbidding princes to show him favor. This was symbolized when, in 1418, the legate of Martin V was solemnly received in Gerona and the populace, with inerring instinct, celebrated the closing of the great Schism and the reunion of the Church by playfully sacking the Judería, though the royal officials, blind to the piety of the demonstration, severely punished the perpetrators.[347]
The immediate effect of this policy corresponded to the intentions of its authors, though its ultimate results can scarce have been foreseen. The Jews were humiliated and impoverished. Despite their losses by massacre and conversion, they still formed an important portion of the population, with training and aptitudes to render service to the State but, debarred from the pursuits for which they had been fitted, they were crippled both for their own recuperation and for the benefit of the public. The economic effect was intensified by the inclusion of the Mudéjares in the repressive legislation; commerce and manufactures decayed and many products which Spain had hitherto exported she was now obliged to import at advanced prices.[348]
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On the other hand the Conversos saw opened to them a career fitted to stimulate and satisfy ambition. Confident in their powers, with intellectual training superior to that of the Christians, they aspired to the highest places in the courts, in the universities, in the Church and in the State. Wealth and power rendered them eligible suitors and they entered into matrimonial alliances with the noblest houses in the land, many of which had been impoverished by the shrinkage of the revenues derived from their Jewish subjects. Alfonso de Santa María, in procuring the decree of Basle, was careful to insert in it a recommendation of marriage between converts and Christians as the surest means of preserving the purity of the faith, and the advice was extensively followed. Thus the time soon came when there were few of the ancient nobility of Spain who were not connected, closely or remotely, with the Jew. We hear of marriages with Lunas, Mendozas, Villahermosas and others of the proudest houses.[349] As early as 1449 a petition to Lope de Barrientos, Bishop of Cuenca, by the Conversos of Toledo, enumerates all the noblest families of Spain as being of Jewish blood and among others the Henríquez, from whom the future Ferdinand the Catholic descended, through his mother Juana Henríquez.[350] It was the same in the Church, where we have seen the rank attained by the Santa Marías. Juan de Torquemada, Cardinal of San Sisto, was of Jewish descent and so, of course, was his nephew, the first inquisitor-general,[351] as was likewise Diego Deza, the second inquisitor-general, as well as Hernando de Talavera, Archbishop of Granada. It would be easy to multiply examples, for in every career the vigor and keenness of the Jews made them conspicuous and, in embracing Christianity, they seemed to be opening a new avenue for the development of the race in which it would become dominant over the Old Christians; in fact, an Italian nearly contemporary describes them as virtually ruling Spain, while secretly perverting the faith by their covert adherance to Judaism.[352] This triumph however was short-lived. Their success showed that thus far there had been no antagonism of race but only of religion. This speedily changed; the hatred and contempt which, as apostates, they lavished on the faithful sons of Israel reacted on themselves. It was impossible to stimulate popular abhorrence of the Jew without at the same time stimulating the envy and jealousy excited by the ostentation and arrogance of the New Christians. What was the use of humiliating and exterminating the Jew if these upstarts were not only to take his place in grinding the people as tax-gatherers but were to bear rule in court and camp and church?
Meanwhile the remnant of the Jews were slowly but indomitably recovering their position. It was much easier to enact the Ordenamiento de Doña Catalina than to enforce it and, like much previous legislation, it was growing obsolete in many respects. In the early days of Juan II, Abrahem Benaviste was virtually finance minister and, when the Infante Henry of Aragon seized the king at Tordesillas and carried him off, he justified the act by saying that it was because the government was in the hands of Abrahem.[353] In fact there are indications of a reaction in which the Jews were used as a counterpoise to the menacing growth of Converso influence. When, in 1442, the cruel bull of Eugenius IV was received, although it scarce contained more than the laws of 1412 and the bull of Benedict XIII, Alvaro de Luna, the all-powerful favorite, not only refused to obey it but proceeded to give legal sanction to the neglect into which those statutes had fallen. He induced his master to issue the Pragmática of Arévalo, April 6, 1443, condemning the refusal of many persons to buy or sell with Jews and Moors or to labor for them in the fields, under color of a bull of Eugenius IV, published at Toledo during his absence. Punishment is threatened for these audacities, for the bull and the laws provide that Jews and Moors and Christians shall dwell together in harmony and no one is to injure or slay them. It was not intended to prevent Jews and Moors and Christians from dealing together, nor that the former should not follow industries base and servile, such as all manner of mechanical trades, and Christians can serve them for proper wages and guard their flocks and labor for them in the fields, and they can prescribe for Christians if the medicines are compounded by Christians.[354]
Thus a revulsion had taken place in favor of the proscribed race which threatened to undo the work of Vicente Ferrer and the Conversos. It was in vain that, in 1451, Nicholas V issued another bull repeating and confirming that of Eugenius IV.[355] It received no attention and, under the protection of Alvaro de Luna, the Jews made good use of the breathing-space to reconstruct their shattered industries and to demonstrate their utility to the State. The conspiracy which sent Alvaro to the block, in 1453, was a severe blow but, on the accession of Henry IV, in 1454, they secured the good-will of his favorites and even procured the restoration of some old privileges, the most important of which was the permission to have their own judges. One element in this was the influence enjoyed by the royal physician Jacob Aben-Nuñez on whom was conferred the office of Rabb Mayor.[356] In the virtual anarchy of the period, however, when every noble was a law unto himself, it is impossible to say how far royal decrees were effective, or to postulate any general conditions. In 1458, the Constable Velasco orders his vassals of the town of Haro to observe the law forbidding Christians to labor for Jews and Moors, but he makes the wise exception that they may do so when they can find no other work wherewith to support themselves. Even under these conditions the superior energy of the non-Christian races was rapidly acquiring for them the most productive lands, if we may trust a decree of the town of Haro, in 1453, forbidding Christians to sell their estates to Moors and Jews, for if this were not stopped the Christians would have no ground to cultivate, as the Moors already held all the best of the irrigated lands.[357]
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