Fray Luis de León: A Biographical FragmentFitzmaurice-Kelly, James
History
Fray Luis de León: A Biographical Fragment
Fitzmaurice-Kelly, James
León, Luis de, 1527-1591
Members of the Valladolid Court could see for themselves that while
Luis de Leon's opponents--Dominicans, Jeromites, and the rest--were
banded solidly against him, the Augustinians were by no means
unanimous in his favour. That he was difficult to deal with personally
the Court had opportunities of knowing. His unbending fidelity to
principle and his impetuosity probably produced on the tribunal an
impression of obstinacy combined with caprice. On May 6, 1573, a
certain Dr. Ortiz de Funes was, as is recorded, nominated counsel to
the prisoner;[127] there is no reason to suppose that Ortiz de Funes
was in ability below the average level of the bar, but he was no match
for his client, and though he may have given valuable advice on purely
legal points, when these arose, it soon became plain that Luis de Leon
was the brain of the defence and that he meant to conduct that defence
in his own way. Ortiz de Funes became a nullity or, at least, a mere
figure-head whose main duty consisted in signing papers which the
prisoner had drawn up. A time came when, according to the practice of
the Inquisition, it became necessary for Luis de Leon to nominate
_patronos_, and in this matter Ortiz de Funes intervened somewhat more
prominently than was usual with him. A _patrono_ has no exact
counterpart in English ecclesiastical law; it was his business, within
narrow limits, to defend the interests of the accused from the
theological point of view. On June 26, 1574, Luis de Leon was brought
into court, and was told that he was to choose two _patronos_ out of
four men whose names were given him.[128] He was obviously taken aback
at this proposal, and replying that, since he did not know any of the
four, he was ignorant as to their qualifications, added that he had
already requested the appointment of Sebastian Perez, professor of
Theology at Párraces, as _patrono_. He renewed his request, adding
that either Dr. Cáncer or the Dominican Hernando del Castillo could be
appointed with Perez; but before any determination was taken, he
begged leave to consult his legal adviser.[129] As might have been
expected, Ortiz de Funes fell in with his client's view and two days
later made a formal application to the Court that Perez be appointed
_patrono_, with either Cáncer or Castillo to help him.[130] No
appointment was made at the moment and, as it turned out, this was
perhaps just as well; for by June 30 Luis de Leon had changed his
mind, and appeared in court to ask that Castillo's name be removed
from the list of acceptable _patronos_.[131] On July 14 Ortiz
de Funes announced his client's intention of appealing to the
Inquisitor-General against the decision forcing him to select
_patronos_ from a list of persons unknown to him.[132] Neither Luis de
Leon nor Ortiz de Funes seemed to have guessed that the Valladolid
judges were acting on instructions from the Supreme Inquisition at
Madrid.[133] For a moment the step taken by Ortiz de Funes and his
Public-domain text, read in full here on John Shaqi.
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