A History of the Inquisition of Spain (Vol. 1-4). Henry Charles Lea
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in the enforcement of this was reserved for the secular courts and all claims to fuero were abolished. He confirmed and extended this by proclamations of 1749, 1751 and 1754, with penalties of six years in the mines for commoners and six years service in presidio for nobles. In another of 1757 he regretted the non-observance of these laws and ordered their irremissible enforcement without privilege of fuero. This legislation was supplemented by Carlos III, in 1761, who included in the prohibition all fire-arms of less than four palms length of barrel, although he conceded to gentlemen the use of holster pistols when on horseback but not when on mule-back.[1002] Yet the Inquisition continued to issue the old form of commissions granting unlimited license, until the magistrates of Seville and Alcalá la Real refused to recognize them when, in 1777, it admitted its altered position by a modification which granted the right to carry non-prohibited weapons, but only when on duty for the Holy Office, and contented itself with exhorting the secular authorities not to interfere with this.[1003]
MILITARY SERVICE
In somewhat ludicrous contrast with the belligerent spirit, indicated by the earnest desire to carry arms, was the claim that all connected with the Inquisition were exempt from military service. In its relations with the State the Holy Office recognized no duties of citizenship; it only claimed privileges. That the salaried officials, regularly employed in the tribunals, should enjoy such exemptions was merely in accordance with old custom, for a law of Juan II, in 1432, specifically released from the obligation of service nearly all officials, including even physicians, surgeons and schoolmasters.[1004] That this should apply to the Inquisition seems to have been assumed as a matter of course in its early days but, in 1560, the corregidor of Córdova summoned the officials and familiars to appear in the musters; they all claimed exemption, when the inquisitor-general upheld the appeal of the officials but denied that of the familiars. Similar questions arose in Murcia in 1563 and 1575, in which a similar distinction was drawn.[1005] In Valencia, the familiars had probably been more successful, for an article in the Concordia of 1568 provides that they must serve their turns in guarding the coasts and that inquisitors shall not defend them in seeking exemptions under pretext of their office.[1006] The same question arose in Majorca and was settled by a law providing that familiars refusing to perform guard-duty on their appointed days could be compelled by the royal officials.[1007] Thus by common consent at this time salaried officials were exempted while the claims of familiars were rejected.
In the troubles of the seventeenth century, when the very existence of Spain was threatened, the question as to officials as well as familiars came up again and the Suprema sought to protect both classes. In 1636 and 1638, the corregidors of various cities refused to except the officials when making up the lists for conscription, but Philip IV decided that they were exempt.[1008] As the danger increased, in 1640, with the rebellions in Catalonia and Portugal, and the resources of the kingdom were strained to the utmost, all claims were disregarded. By a cédula of September 7, 1641, Philip declared this to be a religious war, as the rebels were allied with nations infected with heresy. Inquisitor general Sotomayor was required to summon all officials and familiars to organize and serve and was clothed with power to enforce it. No protest was made against this, for it was a financial rather than a military move; arrangements were made to commute service for cash and the Suprema was thus aided in meeting the royal demands for contributions.[1009]
This was only a temporary truce. Philip, in a letter of February 22, 1644, to Inquisitor-general Arce y Reynoso, reported that the attitude of the officials had excited much dissatisfaction in Galicia; he therefore ordered that no exemptions be admitted and no excuses be received. To this the Suprema responded with bitter complaints that in Saragossa the lot had fallen on a messenger of the tribunal and the widow of a notary, who were told that they must furnish substitutes, all of which was in violation of the privileges of the Inquisition, crippling it in its pious labors so essential to the faith and reducing it in popular esteem to a level with other institutions. Unstable as usual where the Holy Office was concerned, Philip abandoned his position and admitted that salaried officials were not liable to serve or to furnish substitutes, which the Suprema promptly conveyed to the tribunals, cautioning them not to employ excommunication in collisions with the royal officials until after obtaining its permission.[1010]
Even in this hour of supreme need the liability of familiars was contested. Philip endeavored to placate the Suprema by assigning them to garrison duty, but it remonstrated, asserting that the Inquisition could not perform its functions if wholly deprived of them, and the cause of religion was higher than any other. It therefore asked that no place should be left without one, in small towns there should be two and in larger places four. To this Philip assented, on condition that those exempted should contribute to those who served, but the Suprema demurred; every one could avoid service who could pay the assessment, so this would be giving the familiars no special privileges; there could be no question that favors shown to the Inquisition would contribute to success in the war, for experience had demonstrated that the more sovereigns had fostered it the more fortunate they had been. However just was the argument it was fruitless; Philip adhered to his decision, but when the corresponding decrees were issued, the Council of Castile remonstrated in its turn and the distracted monarch was involved in a fresh discussion between the two.[1011]
RIGHT TO HOLD PUBLIC OFFICE
The Suprema carried its point that those exempted should not contribute to those conscripted and the arrangement remained in force. It was repeated in a carta acordada of January 14, 1668, and, when, in 1681, a question arose in Tembleque, the Suprema cautioned the Toledo tribunal not to issue more letters of exemption than the settlement permitted, in order to avoid competencias which only serve to render the Holy Office hateful and to imperil its other privileges.[1012] Carlos III seems to have been more liberal when, in 1767, he included, in an elaborate list of those exempt from military service, the ministers and dependents of the Inquisition who were relieved from billets under the decree of May 26, 1728, which, it will be remembered, granted the privilege to the number of familiars allowed under the old Concordias. Carlos IV was more exacting for, in 1800, when regulating the conscription in minute detail, he granted exemption only to the titular officials and took special care to exclude familiars and other dependents.[1013] This continued to the end. September 14, 1818, the Suprema communicated to the tribunals a decision of the king that, in order to secure exemption from conscription, it was not necessary to exhibit a royal commission, but one from the inquisitor-general or Suprema sufficed.[1014] Evidently the local tribunals were no longer allowed to issue certificates of exemption.
The right of officials and familiars to hold secular offices raised questions that caused no little debate. It was evidently of advantage to the Inquisition that those who were bound to it and enjoyed its exemptions should be in positions of influence where they could guard its privileges and promote their extension. On the other hand, for these very reasons, the people were jealous of office-holding by its ministers and dreaded to have their local authorities relieved of responsibility through their claim on the fuero or jurisdiction of the Inquisition. Had these local positions been elective, popular good sense could have averted the danger, but they were awarded by lot, the names of those deemed eligible being placed in a bolsa or bag—a process known as insaculacion—and drawn forth.[1015]
The earliest instance I have met of a refusal to include officials of the Inquisition among the eligibles occurs in 1503, when Ferdinand wrote to his Lieutenant-general of Majorca that he was astonished to learn that the names of Pere Prat, his son Pere Prat, Carman Litra and Gerónimo Serma had not been insacculated because they held office in the Inquisition; it should rather be a recommendation; they must not be thus dishonored and their names must at once be put in the bolsa.[1016] Doubtless Ferdinand’s watchfulness preserved this privilege for officials during his life, but subsequently popular feeling must have manifested itself by their exclusion, for, in 1523, Charles V forbade it in an edict and he followed this by a special pragmática, May 30, 1524, asserting their eligibility to public office in all his dominions and for all future time, under pain of the royal wrath and of two thousand florins, but he provided that they should not be entitled to the jurisdiction of the Inquisition for official malfeasance.[1017] Notwithstanding this, Philip II was obliged to issue special instructions