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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. 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.
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. 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.
Ortiz de Funes was, as is recorded, nominated counsel to the prisoner; 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.
This last proceeding, it was significantly added, would be slow. Again Ortiz de Funes was consulted; but it is difficult to believe that he had more than a technical responsibility for the startling decision which he announced: the decision to accept as patronos Fray Mancio de Corpus Christi and either Bartolomé de Medina or Dr. Cáncer.
For a moment the step taken by Ortiz de Funes and his client appeared to have some slight effect. Luis de Leon was informed that he would be allowed to appoint Perez as his patrono but on two conditions: he must undertake to pay all the travelling expenses of his patrono, and an inquiry must be held to establish the limpieza of Perez.
It is otherwise with us; “funes ceciderunt mihi in prœclaris.” We have a goodly inheritance.
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.
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