184 JOHN E. LONGHURST

     It it should be necessary to guide the thinking of your lordships and of the persons who may have (final) jurisdiction in this case, let these books be brought to this council, so that examination may reveal the errors they contain. Doctor Vergara is known to subscribe to these errors, because despite the fact that both the author and his books have been reprobated, and despite the publication many years ago (April 12, 1525) both in this court and in Toledo and elsewhere, of a general edict ordering the surrender of such books, Doctor Vergara retained these books in his possession for a long period (after the edict was issued). For this he can hardly pretend ignorance, but obviously motivated by by malice.

      In reply to the petition of the fiscal, the secretary of the Council of the Inquisition issued the following attestation in Ocana, November 1530.

     I hereby attest...that on August 21 of the present year of 1530, in certain parochial churches of the city of Madrid, there were read and published letters of edict of their lordships at the said council, in which they ordered, under pain of excommunication and other censures and punishments, that all persons whosoever who had any books or pamphlets or treatises of the accursed heresiarch Martin Luther or of his adherents and followers, bring and present them to the said council within a certain period of" time, and that if" they had any information regarding persons who had such books, they should come forth and so state to the said council.

     I further attest that in the said city of"l'vfadrid, on August 29 of this year (1530), the very reverend and magnificent senor, (Fernando de Valdes), bishop of Orense, one of their lordships of the said council, had brought before him five books which his lordship said had been had been given or sent to him by Doctor Vergara. These books are: Oecolampadius, (commentary) On Isaiah; Francis Lambert of Avignon, "On the Twelve Prophets"; John Bugenhagen at Pomerania, "Annotations on the Epistles of Paul"; an unbound book which

LUTHER'S GHOST IN SPAIN )85

     begins "Didymi faventini," (1) in which are included other pamphlets by other authors; a book bound in parchment, in which the first pari is missing and which begins "Didisti idque duabus, " which books, by order of their lordships of the said council, were sent to the Inquisition of Toledo.

Toledo, December 1, 1530

     I (Diego Ortiz de Angulo) ... petition your graces to direct one of the notaries of the secreta of the said Holy Office to make a certified copy of the publication, reading and contents ot the edicts which have been read and published by the said Holy Office in this city and archbishopric of Toledo, against Luther and his books, works and adherents, since the year 1521 to the present, especially the edict which his most reverend lordship, Archbishop at Seville and Inquisitor General (Alonso Manrique) issued in Madrid on April 12, 1525, and which was read and published on that date in the churches of San Gines, Santo Domingo, San Nicolas, San Martin and San Miguel in the city of Madrid, when the Emperor's court was there, along with the Archbishop of Toledo (Alonso Fonseca) and Doctor Vergara. (2) I ask you to direct that this certitied copy be placed in the trial records against Vergara's brother Tovar, that it may be clearly shown by the certified copy of the publication and reading of the said edicts that although Doctor Vergara and his brother Tovar knew they could not keep books or works of Luther and his

1. Didymi faventini adversus. Thomam Placentium oratio pro Martino Luthero theologo, Wittenberg, 1521. Identified by Marcel Bataillon (Erasmo y Espana, Mexico, 1950, vol. ii, p. 15, n. 6) as the work of Melanchthon.
2. Although the emperor himself, From April 12 to 17, was visiting the shrine of Our Lady of Guadalupe. Manuel Foronda y Aguilera, Estancias y viajes del emperador Carlos V, Madrid, 1914, p. 252.

186 JOHN E. LONGHURST

followers, such having been reprobated by the Catholic Church, and knowing further that they were obligated to produce and present in the said Holy Office the books qmd works of the said Luther and his adherents which they had in th,eir possession, under pain of major excommunication and other punishments, they (nevertheless) allowed themselves to remain under such pain (of excommunication) for a long period after the prohzibition and the reading of the said edicts, (thereby demonstrating clearly) their disregard for the censures and spiritual authority of the holy mother Church and their adhesion to Lutheran errors, their heretical beliefs and their disbelief in the binding power and force of excommunication.

     The books dealing with Luther and his followers, which Doctor Vergara sent to his lordship, the bishop of Orense, at the end of August, 1.530 did not include all of Vergara's books on the said subject, nor did they include th,e books which contained the most errors and which could have damaged him the most. Nor did he (send these books) to comply with the edict read and published in Madrid in August of this year (1530), nor through fear of the censures contained therein. If he had been impelled by such considerations, he would have surrendered the books long before, at the time of publication of all the previous edicts. (Instead, he finally surrendered themj only after he learned that his brother was seized in Alcala or that they were planning to do so, in the same month of August (3) and he was afraid his brother might reveal the existence of the said books.

     Because the said Doctor Vergara is making considerable effort to find out all that is going on in the council as well as here (in Toledo) against himself and his brother, both in favor of and against them... by promising to some and leading others to expect benefices

3. If the Fiscal is guessing correctly, it would have to be the latter, since Tovar was not seized until the following month (September, 1530).

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     and other prebends from the archbishop (of Toledo!, (4) and because he knows all that transpires in this Holy Office and in it" jails, as well as the names of the witnesses and their testimony against him and his brother, therefore new oaths of secrecy should be taken by all the officials of the secreto, all the letrados who see these trial records, and all the other persons in the same category, and the letrados and votantes, besides maintaining secrecy, must vote according to their consciences and justice without regard to fear or favor nor exception of persons and in conformity with the directive and order of their lordships of the Council of the General Inquisition.

     In view of the fact that a short time ago in Granada there occurred three instances of corruption of a mozo de carcel (jaile) in the alfair of Juan Lopez de Calain, and as the same thing could happen in the affair of Doctor Vergara, I ask your graces to direct the alcaide r Juan de Ortega) and the mozo de carcel (Juan Sanchez) to lake an oath of secrecy and swear to carry no messages of any kind to or from anyone inside or outside the jail, and that the mozo de carcel will not enter the jails alone or speak to the prisoners unless the (chief) jailer is present.(5)

4. There is no doubt that Vergara was using his position and prestige to do just this, and it would be on the technical charge of suborning the Inquisition that Vergara would ultimately be jailed. Just two days previous - on November 29 - the inquisitors had questioned Francisco Gutierrez, a friend and disciple of Tovar. From Gutierrez they learned (fols. 4Ov-41v) that he had been disclosing secret information to Vergara about the proceedings in Tovar's trial.
5. Apparently this had happened on other occasions. On May 26, 1530, the Suprema sent a carta acordada to all the tribunals, telling them that some of the jailers were entrusting the help with the task of bringing meals and other necessary items to the prisoners, and that the jail attendants were divulging secret proceedings of the Holy Office to the prisoners. Therefore the Suprema directed all the tribunals to forbid their jail boys to have any more direct contact with the prisoners. Juan Antonio Llorente, Anales de la Inquisicion de Espana, Madrid, 1812-1813, vol. ii, pp. 372-373.

188 JOHN E. LONGHURST

     I also petition your graces to have brought to this Holy Office the two books dealing with Luther and his followers, which Doctor (Miguel) Carrasco and maestro Geronimo Ruiz found among the effects of the said Doctor Vergara, which (books) were and are the property of the said Doctor Vergara, (and which were found) at the time your graces sent them the keys (to Vergara's chest) last October (1530) (with instructions) to deliver all the writings (of Vergara) dealing with his lordship the archbishop of Toledo, which were in the said chests, so that they might be examined here to see if they contained any errors against the faith. I also petition that your graces have given to theologians above suspicion, the said books which Doctor Vergara sent in Madrid to his lordship (Fernando Valdes), bishop of Orense, and which were in turn sent to this Holy Office where they are at present, in order that the said theologians may examine and review them as quickly as possible to see if they contain any errors of Luther and his followers, particularly any of those errors of which Doctor Vergara is accused by Francisca Herncmdez and her maid Maria Ramirez.

      In compliance with the request of the Fiscal, a certified copy of the edict against Luther of April 12, 1525, was introduced in evidence:

     We, don Alonso Manrique, by divine mercy archbishop of Seville, apostolic Inquisitor General against heretical iniquity and apostasy throughout the kingdom and domains of their majesties and their council, to all persons whosoever they may be, ecclesiastical and secular, citizens and residents of this city ot Madrid and all those who are in this city, of whatever estate, condition, preeminence or dignity they may be, greetings.

     Know you that the Fiscal in defense of the faith appeared before us and related to us that it had come to his notice that some persons, showing little fear of God and at great harm and peril to their consciences, and with great scorn for the apostolic commands, have brought into Spain and have many books and writings ot the works of the accursed heresiarch Luther and his followers, which contain many errors and heresies. He (the Fiscal) has asked us to proceed

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against such persons, executing the pains and censures contained in the above mentioned apostolic bulls and other (pains and censures) established by law. Having viewed his request as just and being in conformity with justice, we hereby... order by virtue of the apostolic authority vested in us n' and under pain of excommunication ... that there be brought before us or before the Council of the Holy Inquisition, which is presently located in this same city of Madrid, whatsoever books and writings of any and all works written by the said perverse heretic and his followers which you might have in your possession, and come forward and reveal the names of anyone whom you know or have heard has such works in any form.(6)

Toledo, April 19, 1531

     Being present in the audience chamber of the holy Inquisition the very reverend Inquisitors the licentiates Alonso Mejia, Juan Yanes and Pedro Vaguer, and the reverend fathers friar Antonio Pizarro and friar Diego de Alcantara, presentados of the order of Santo Domingo, and friar Alonso de Ocana, guardian of the monastery of San Juan de los Reyes, and friar Juan de Mondragon of the order of San Francisco, theologians, they reviewed the reports against Doctor Vergara, secretary of his lordship the archbishop of Toledo and in unanimous agreement, all four (Pizarro, Alcantara, Ocana and Mondragon I voted as follows in regard to the propositions testitied against the said Doctor Vergara.

6. According to notations here (fol. 5v), this edict was read in the following places in Madrid on the following dates: (1) the Church of San Gines, April 14, Holy Friday; the Monastery of Santo Domingo, same day; the Church of San Nicolas, April 16, Easter Sunday; the Church of San Martin, same day; the Church of San Miguel, April 17.

188 JOHN E. LONGHURST

     I also petition your graces to have brought to this Holy Office the two books dealing with Luther and his followers, which Doctor / Miguelj Carrasco and maestro Geronimo Ruiz found among the effects of the said Doctor Vergara, which (books) were and are the property of the said Doctor Vergara, (and which were found) at the time your graces sent them the keys (to Vergara's chest) last October /1530) (with instructions) to deliver all the writings (of Vergara) dealing with his lordship the archbishop of Toledo, which were in the said chests, so that they might be examined here to see if they contained any errors against the faith.

     I also petition that your graces have given to theologians above suspicion, the said boo)ls which Doctor Vergara sent in Madrid to his lordship (Fernando Valdes), bishop of Orense, and which were in turn sent to this Holy Office where they are at present, in order that the said theologians may examine and review them as quickly as possible to see if they contain any errors of Luther and his followers, particularly any of those errors of which Doctor Vergara is accused by Francisca Hernandez and her maid Maria Ramirez.

      In compliance with the request of the Fiscal, a certified copy of the edict against Luther of April 12, 1525, was introduced in evidence:

     We, don Alonso Manrique, by divine mercy archbishop of Seville, apostolic Inquisitor General against heretical iniquity and apostasy throughout the kingdom and domains of their majesties and their council, to all persons whosoever they may be, ecclesiastical and secular, citizens and residents of this city of Madrid and all those who are in this city, of whatever estate, condition, preeminence or dignity they may be, greetings.

     Know you that the Fiscal in defense of the faith appeared before us and related to us that it had come to his notice that some persons, showing little fear of God and at great harm and peril to their consciences, and with great scorn for the apostolic commands, have brought into Spain and have many books and writings of the works of the accursed heresiarch Luther and his followers, which contain many errors and heresies. He (the Fiscal) has asked us to proceed

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     against such persons, executing the pains and censures contained in the above mentioned apostolic bulls and other (pains and censures) established by law.

     Having viewed his request as just and being in conformity with justice, we hereby... order by virtue of the apostolic authority vested in us ... and under pain of excommunication ... that there be brought before us or before the Council of the Holy Inquisition, which is presently located in this same city of Madrid, whatsoever books and writings of any and all works written by the said perverse heretic and his followers which you might have in your possession, and come forward and reveal the names of anyone whom you know or have heard has such works in any form. (6)

Toledo, April 19, 1531

     Being present in the audience chamber of the holy Inquisition the very reverend Inquisitors the licentiates Alonso Mejia, Juan Yanes and Pedro Vaguer, and the reverend fathers friar Antonio Pizarro and friar Diego de Alcantara, presentados of the order of Santo Domingo, and friar Alonso de Ocana, guardian of the monastery of San Juan de los Reyes, and friar Juan de Mondragon of the order of San Francisco, theologians, they reviewed the reports against Doctor Vergara, secretary of his lordship the archbishop ot Toledo and in unanimous agreement, all tour (Pizarro, Alcantara, Ocana and Mondragon! voted as follows in regard to the propositions testitied against the said Doctor Vergara.

6. According to notations here (fo!. 5v), this edict was read in the following places in Madrid on the following dates: (1) the Church of San Gines, April 14, Holy Friday; the Monastery of Santo Domingo, same day; the Church of San Nicolas, April 16, Easter Sunday; the Church of San Martin, same day; the Church of San Miguel, April 17.

190 JOHN E. LONGHURST

     1. To say that the opinions of Luther are good is a heretical proposition, since it means he believes in a doctrine condemned by the Roman Church.... To hold the same opinion as his brother Tovar (on bulls and indulgences) is condemned heresy, and these two things, besides being heretical, are most injurious to the holy mother Church and to the Holy Office at the Inquisition. For these two opinions, this criminal is a heretic and a tau tor of heretics.

2. He is a fautor of heretics and a believer in their condemned doctrine, since he approves of the person of Luther and his teachings, already condemned by the Church.... To say that oral prayer is not necessary is a heretical proposition and makes him a defender of a doctrine condemned by the Church and a dogmatizer, for which he is a heretic.

3. This criminal said there were two superfluous saints in the world who did Utile service to God.' one was the santa inquisicion, the other the santa cruzada.... This proposition is a most pernicious heresy, since he says (in effect) that justice, which punishes wrongdoers, and the crusading bull, which enables one to cleanse himself of guilt, are not necessary.

4. This criminal said one could not make him believe that when the money clinked (in the chest) the soul left Purgatory.... This proposilion is heretical, since it implies that the pope is unable to free any soul from Purgatory, which is contrary to the universal power Christ gave to Saint Peter and his successors. It is also injurious, scandalous and seditious since it creates a division and schism in the beliefs which the faithful should have about the power of the pope.

5. This criminal said that praying and fasting were superfluous things, ordained tor ignoramuses. The first part is a heretical, dangerous and scandalous proposition, and distracts the faithful from such pious works, and favors the already reprobated opinions of the Illuminists. The second part is injurious to the holy fathers who instituted the sacred canons where these things are ordained and commanded.

6. This criminal said that the defects of bulls and indulgences lay in the person of the pope and not in the persons who bought the bulls. The first part is a heretical proposition because it denies the power of

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     the pope given to Saint Peter and his successors by Christ our Redeemer, to dispense the treasures of the Church.

7. This criminal said that the pope persecuted Luther because the latter criticized papal claims and not because Luther's writings were bad. The first part makes Vergara a fautor of heretics and defamer ot the pope. The second part is a heretical proposition, and tor this, this criminal is a fautor, not only of heretics, but even of condemned heretical doctrines.

8. This criminal said that oral prayer only broke one's head. This is heretical and injurious to holy exterior forms and to holy prayer.

9. This criminal praised those who (he said) had liberty and said mass without praying, and he said all these things to a certain person in order to induce that person to believe them. The first part of this proposition favors the errors and opinions of the Illuminists, which shows that he (Vergara) is a fautor and believer of such doctrine of the Illuminists. The second part shows that he is a dogmatizer, since he tried to persuade another person to believe such condemned doctrine.

10. This criminal said that oral prayer was not necessary, and that saying an Ave Maria served no purpose other than to break one's head.... The first part of this is a heretical proposition and is condemned by the Church.... The second part is injurious to the saints and is blasphemous, and distracts the faith(ul from prayers and other means established by the Church for obtaining the things one must ask of God.

11. This criminal greatly praised Luther and his teachings, and carried with him some small books of Luther's works, and said it was true what Luther said about bulls for the living and dead, and that they were a joke. The first part is heresy and tautorship of heretics and their doctrines ... and he is (automatically) excommunicated for having had Luther's works after their prohibition. The remainder of this proposition is heresy and fautorship of heretics and heresies already condemned by the Church.
12. This criminal said that one of the good points Luther held was that of saying mass after eating.... This opinion is heretical and fautorship of Luther and his heresies.

192 JOHN E. LONGHURST

     13. This criminal said that, with the exception of consecration, the ceremonies of the mass were not necessary, which is heresy and fautorship of heresies.

14. This criminal said and approved in Erasmus that one need not concern himself about praying if he were studying something important. This proposition is suspect of heresy, since it appears to hold that oral prayer is not necessary. 15. This criminal said that Saint Augustine, in his writings on the Psalms, did not know what he was saying because he did not know Greek and did not have the Spirit within him. This proposition is bold and injurious to the saints and very scandalous and impious.

16. This criminal had a book by Oecolampadius, which shows that he is a rebel against the Holy Office, since after the prohibition of such reprobated books he still kept it and thereby let himself be automatically excommunicated, for which he is very suspect of heresy and of favoring the works condemned by the Church.

* * * * *

     The which report and attestation seen by the above mentioned, they found propositions heretical and suspect of heresies and fautorship of same, and to be sufficient ... in order to imprison the said Doctor Vergara ... and their vote and opinion is that Vergara be imprisoned in the jail of the Holy Office... as a suspected heretic.

Votes of the Council on the Imprisonment of Vergara
(22v)

     Despite the recommendation to imprison Vergara, made by the theologians on April 19, 1531, the Toledo Inquisitors hesitated four months before acting. Finally, on August 20, 1531, Inquisitors Juan Yanes and Alonso Mejia, in brief written opinions, approved of and concurred with the findings and recommendation of the theologians, and voted for the imprisonment of Vergara. Eight days later Inquisitor Pedro Vaguer concurred in writing with the recommendations of his colleagues. However, Vergara's importance and prestige still stood him in good stead, and the Council of the General Inquisition stayed the hand of the Toledo tribunal:

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Medina del Campo, November 8, 1531

     Their lordships of the Council of the Holy General Inquisilion reviewed and examined the evidence against Doctor Vergara and everything contained therein, and having done so they voted in the following manner.

     Their lordships ... voted that no action be taken in this mailer until inquiries are made of Miguel de Eguia, whose arrest has been ordered, and (further inquiries are made) of Francisca Hernandez and her maid Maria Ramirez. His lordship I Fernando de Valdes), bishop of Orense, said his opinion is that since the principal witnesses who depose against the said Doctor Vergara - Francisca Hernandez and her maid Maria Ramirez - are in the Inquisition jail at Toledo, and it is resolved that certain inquiries be made of them and of (Antonio de) Medrano in order to ascertain the truth of these matters, that until such investigations are made of them and of Miguel de Eguia, it is his lordship's opinion that the imprisonment of the said Doctor Vergara be delayed.