We see in all this traces of general popular opposition to exempting inquisitorial officials from the laws forbidding arms-bearing. This was stimulated by the difficulty of preventing the exemptions from being claimed by unauthorized persons without limit, leading Catalonia, in the Concordia of 1512, to provide that officials bearing arms could be disarmed, like other citizens, unless they could show a certificate from the tribunal, and further that the number of familiars for the whole principality should be reduced to thirty, except in cases of necessity.[984] Although this Concordia was not observed, Inquisitor-general Mercader, in his instructions of August 28, 1514, admitted the necessity of such regulations by prohibiting the issue of licences to bear arms; by reducing the overgrown number of familiars to twenty-five in Barcelona and ten each in Perpignan and other towns, by permitting the disarmament of those who could not exhibit certificates and by endeavoring to check the fraud of lending these certificates by requiring them to swear not to do so and keeping lists whereby they could be identified.[985]
The right of arming its familiars, thus assumed by the Inquisition was by no means uncontested. We have seen how the Empress Isabella when in Valencia, in 1524, ordered the arms taken from them and broken, leading to a protest from Inquisitor-general Manrique, who asserted this to be a privilege enjoyed since the introduction of the Inquisition. In spite of this Charles V, by a cédula of August 2, 1539, ordered inquisitors to prohibit the use of arms by familiars.[986] The matter remained a subject of contest for some years more. In 1553 there were quarrels concerning it between the Valencia tribunal and the local authorities, but the Concordia of 1554 admitted the right unreservedly.[987]
By this time, in fact, it was generally recognized, but this, in place of removing a cause of discord only intensified and multiplied it. The right to bear arms could scarce be held to include weapons which were prohibited to all by general regulations, yet the authorities had no jurisdiction over familiars to enforce them. Thus when flint-lock arquebuses were prohibited and the Viceroy of Valencia included familiars in a proclamation on the subject, in 1562, Philip II called him to account, telling him that the order must come from the inquisitors and, in 1575 he repeated this to the Viceroy of Catalonia.[988] The Suprema might decide that familiars were included in prohibitory decrees and that inquisitors must issue the necessary orders, as it did, in 1596, with regard to one respecting daggers and in 1598 to one forbidding fire-locks and pistols at night,[989] but the tribunals had no police to enforce these orders and, when the secular authorities undertook to do so, inquisitors were prompt to resent it, in their customary fashion, as a violation of the immunities of the Holy Office.
BEARING ARMS
Even more fruitful of trouble was the fact that it was impossible to make the inquisitors respect the limitations imposed by the Concordias on the number of familiars and consequently to obey the rule of furnishing lists of them to the authorities so that they might be known. Appointments were lavished greatly in excess of all possible needs and without informing the magistrates—often, indeed, without keeping records in the archives. The familiar might or might not carry with him the evidence of his official character but, whether he did so or not, his arrest or disarmament was violently resented, and the ordinary citizen when caught offending was apt to claim that he was a familiar in hopes of being released. How exasperating to the civil authorities was the situation may be gathered from a case occurring in Barcelona, in 1568. The veguer, on his nightly rounds, arrested Franco Foix, whom he found armed with a coat of mail, sword, buckler and dagger. The culprit claimed to be a familiar and the veguer obediently handed him over to the tribunal. He proved not to be one, but, instead of returning him, the inquisitors fined him in forty-four reales for their own benefit (presumably as a penalty for personating an official) and restored to him his forfeited arms.[990] When the laws were thus openly set at defiance, conditions were eminently favorable for quarrels, even without the violent mutual animosity everywhere existing between the tribunals and the civil authorities; collisions were correspondingly frequent and were fought to the bitter end.
It would be wearisome to multiply cases illustrating the various phases of these quarrels which occupied the attention of the king and his councils in their settlement. A single one will suffice to show the spirit in which they were conducted on both sides. In 1620, by order of the tribunal of Valencia, acting in its secular capacity and not in a matter of faith, the commissioner at Játiva arrested a man and sent him to Valencia under the customary guard of relays of familiars. One of these named Juan López, armed with a prohibited flint-lock, was conveying him, on February 23d, when at Catarroja, about a league from the city, some armed alguaziles, in the service of Dr. Pedro Juan Rejaule, a judge on the criminal side of the Audiencia, arrested him, taking away his weapon and carrying him to Dr. Rejaule’s house. Disregarding his documents, Rejaule told him that he could not be released without giving bail to present himself to the viceroy and, as he was unable to furnish it he was handed as a prisoner to the local magistrates. On learning the event the inquisitors applied to the regent of the Audiencia who ordered the release of López, which was effected and Rejaule visited the tribunal, admitted that he had been in error and promised in future to observe all necessary respect. In spite of this the inquisitors proceeded to try him for impeding the Inquisition, ordered him to keep his house as a prison under pain of three hundred ducats, and threw into the secret prison as though they were heretics, the four alguaziles who had made the arrest. When notice of this was served on Rejaule he protested that the inquisitors were not his judges and that he would appeal, whereupon the additional indignity was inflicted upon him of posting two guards in his house with orders to keep him in sight.
BEARING ARMS
This produced a crisis. The viceroy assembled in his palace all three salas or branches of the Audiencia, where the matter was fully discussed and it was resolved to release Rejaule and hold the two guards as hostages for the imprisoned alguaziles. At 2 A.M. Dr. Morla went with halberdiers furnished by the viceroy, seized and handcuffed the guards and brought Rejaule to his brother judges. At the same time a scrivener of the court had been sent to the inquisitor Salazar with a message from the viceroy to the effect that, as the offence had not been in a matter of faith, Rejaule was justiciable only by the king; if the Inquisition held otherwise a competencia could be formed; the Audiencia had decided that Rejaule and the alguaziles must be released and the guards be held until this was done. The scrivener also presented a petition of appeal to the pope, or to whomsoever was judge, and demanded apostolos or letters to that effect. To this Salazar replied in writing that the arrests had been made for matters incident to and dependent upon affairs of the faith, in which the Inquisition had exclusive jurisdiction and could admit no competencia; he could say no more as to the cause of the arrests without violating the secrecy of the Inquisition and incurring excommunication and he begged the viceroy not to interfere in a matter concerning so greatly the service of God and the king. At 4 A.M. the scrivener returned with this reply to where the viceroy and judges were waiting. At the magic word “faith,” however fraudulently employed, all opposition vanished. By six o’clock Dr. Morla had taken Rejaule back to his house and had replaced the guards and, at the same time, the scrivener bore to the inquisitors a note from the viceroy saying that, as they had certified that it was a matter of faith, the Audiencia had restored everything to its previous condition and he offered not only not to impede the Inquisition but to show it all aid and favor.
The case was thus transferred to the court, where the Suprema on one side and the Council of Aragon on the other, struggled for a favorable decision from Philip III. The former evidently felt the weakness of the claim that the faith was involved, but it argued that impeding the Inquisition in any way conferred jurisdiction on it and Aliaga, in his double capacity of inquisitor-general and royal confessor, added a bitter complaint as to the manner in which the Inquisition was abused and maltreated. To this the king replied that he wished the affair treated with the customary moderation and mercy of the Holy Office, especially