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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..09648b1 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #53021 (https://www.gutenberg.org/ebooks/53021) diff --git a/old/53021-0.txt b/old/53021-0.txt deleted file mode 100644 index 8c503d6..0000000 --- a/old/53021-0.txt +++ /dev/null @@ -1,15405 +0,0 @@ -The Project Gutenberg EBook of Torquemada and the Spanish Inquisition, by -Rafael Sabatini - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: Torquemada and the Spanish Inquisition - A History - -Author: Rafael Sabatini - -Release Date: September 9, 2016 [EBook #53021] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK TORQUEMADA, SPANISH INQUISITION *** - - - - -Produced by Josep Cols Canals, Wayne Hammond and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/Canadian Libraries) - - - - - - - -[Transcriber's Note: - -This project uses utf-8 encoded characters. If some characters are -not readable, check your settings of your browser to ensure you have a -default font installed that can display utf-8 characters. - -Characters preceded by a caret {^} are superscript. If more than one -character is superscript, characters will be enclosed in curly braces. - -Italics delimited by underscores.] - - - - -TORQUEMADA - - - - -_UNIFORM CHEAPER EDITIONS OF_ - -RAFAEL SABATINI’S - -_WONDERFUL ROMANCES_ - -_In Crown 8vo, Cloth, Coloured Wrappers, 3s. 6d. net each._ - - -THE STROLLING SAINT - -“No man writes historical romances so well as Mr. Sabatini.”--_Pall -Mall Gazelle._ - - -THE LION’S SKIN - -“A brilliantly clever story.”--_Evening Standard._ - - -THE JUSTICE OF THE DUKE - -“Wonderfully effective.”--_Westminster Gazette._ - - -BARDELYS THE MAGNIFICENT - -“Mr. Sabatini has no equal.”--_Newcastle Daily Chronicle._ - - -THE GATES OF DOOM - -“A clever story, well and amusingly told.”--_The Times._ - - -_HISTORIES_ - - -TORQUEMADA AND THE SPANISH INQUISITION - -_Demy 8vo, 12s. 6d. net._ - -“Not only an extremely graphic and fascinating account of the -Inquisition, but also a serious contribution to the literature of the -subject. Holds us until the last page is turned of a book full of -enthralling interest.”--_Pall Mall Gazette._ - - -THE LIFE OF CESARE BORGIA - -_Demy 8vo, 12s. 6d. net._ - -“Mr. Sabatini has a lively and vigorous style.... As entertaining as it -is informing.”--_Daily Telegraph._ - - -LONDON: STANLEY PAUL & CO - -[Illustration: - - _Photo by Lacoste._ - -FREY TOMÁS DE TORQUEMADA. - -From a Painting attributed to Miguel Zittoz. - - [_Frontispiece._] - - - - - TORQUEMADA - - AND - - THE SPANISH INQUISITION - - A HISTORY - - BY RAFAEL SABATINI - - _Author of “The Life of Cesare Borgia,” “The Strolling - Saint,” etc._ - - - ‘El fuego está encendido; quemará fasta que falle cabo al seco - de la leña’ - - ANDRÉS BERNALDEZ, _Historia de los Reyes Católicos, cap._ XIV. - - _With Sixteen Illustrations in Half-tone, including a Map_ - - - LONDON - STANLEY PAUL & CO - 8 ENDSLEIGH GARDENS - UPPER WOBURN PLACE, W.C.1 - - - - - _Printed in Great Britain by Hazell, Watson & Viney, Ld., - London and Aylesbury._ - - - - -PREFACE - - -The history of Frey Tómas de Torquemada is the history of the -establishment of the Modern Inquisition. It is not so much the history -of a man as of an abstract genius presiding over a gigantic and cruel -engine of its own perfecting. Of this engine we may examine for -ourselves to-day the details of the complex machinery. Through the -records that survive we may observe its cold, smooth action, and trace -in this the awful intelligence of its architect. But of that architect -himself we are permitted to catch no more than an occasional and -fleeting glimpse. It is only in the rarest and briefest moments that he -stands clearly before us, revealed as a man of flesh and blood. - -We see him, now fervidly urging a reluctant queen to do her duty by her -God and unsheathe the sword of persecution, now harshly threatening -his sovereigns with the wrath of Heaven when they are in danger of -relenting in the wielding of that same sword. But in the main he must -be studied, not in his actions, but in his enactments--the emanations -of his relentless spirit. In these he is to be seen devoutly compassing -evil in the perfervid quest of good. - -Untouched by worldly ambitions, he seems at once superhuman and less -than human. Dauntless amid execrations, unmoved by plaudits, sublimely -disdainful of temporal weal, in nothing is he so admirable as in -the unfaltering self-abnegation with which he devotes himself to the -service of his God, in nothing so terrible and tragically deplorable as -in the actual service which he renders. - -“His history,” says Prescott, “may be thought to prove that of all -human infirmities there is none productive of more extensive mischief -to society than fanaticism.” - -To this day--four centuries after his passing--Spain still bears the -imprint of his pitiless work, and none may deny the truth of Rosseuw -St. Hilaire’s indictment that, after Philip II, Torquemada was the man -who did most harm to the land that gave him birth. - - * * * * * - -The materials for this history have been gathered from the sources -cited in the appended bibliography, to all of which the author -acknowledges his profound indebtedness. In particular, however, are his -thanks due--as must be the thanks of all men who engage in studies of -the Spanish Inquisition--to the voluminous, succinct, and enormously -comprehensive works of Juan Antonio Llorente, a historian of unimpugned -honesty and authority, who wrote under circumstances peculiarly -advantageous and with qualifications peculiarly full. - - * * * * * - -Juan Antonio Llorente was born at Logroño in 1756, and he was ordained -priest in 1779, after a university course of Roman and Canon law which -enabled him to obtain a place among the lawyers of the Supreme Council -of Castile--_i.e._ the Council of the Inquisition. Having graduated -as a Doctor of Canon Law, he discharged the duties of Vicar-General -to the Bishop of Calahorra, and later on became the Commissary of the -Holy Office in Logroño--for which it was necessary that he should prove -that he was of “clean blood,” undefiled by the taint of Jew or Moor or -heretic. - -In 1789 he was appointed Secretary-General to the Holy Office, an -appointment which took him to Madrid, where he was well received by the -King, who gave him a canonry of Calahorra. - -A profound student of sociological questions, with leanings towards -rationalism, he provoked a certain degree of mistrust, and when the -Liberal party fell from power and dragged with it many of those who had -held offices of consequence, the young priest found himself not only -deposed, but forced to meet certain minor charges, which resulted in -his being sent into retreat in a convent for a month as a penance. - -Thereafter he concerned himself with educational matters until the -coming of Bonaparte’s eagles into Spain. When that invasion took -place, he hailed the French as the saviours of his country, and as a -consequence found himself a member of the Assembly of Notables convoked -by Murat to reform the Spanish Government. But most important of all, -from our point of view, is the fact that when the Inquisition was -abolished, in 1809, he accepted the charge of going through its vast -archives, and he spent two years and employed a number of amanuenses in -copying or making extracts of all that he considered of account. - -He held various offices of importance under the French Government, so -that when this was finally expelled from Spain, he, too, was forced to -go. He sought refuge in Paris, and there he wrote his famous “Historia -Critica de la Inquisicion de España,” the crystallization of his vast -researches. - -It was a very daring thing to have done, and, thanks to the royalist -and clerical Government, he was not suffered to remain long -unpunished. He was inhibited from hearing confession or celebrating -Mass--practically unfrocked--and forbidden to teach the Castilian -language in private schools. He hit back by publishing “The Political -Portrait of the Popes,” which earned him orders to leave France -immediately. He set out in December of 1822 to return to Spain, and -died a few days after reaching Madrid, killed by the rigours of the -journey at his advanced age. - -Although his “Critical History” displays at times a certain vehemence, -in the main it is concerned with the sober transcription of the musty -records he was privileged to explore. - - * * * * * - -The Spanish Inquisition has been the subject of much unrestrained and -exaggerated writing, expressing points of view that are diametrically -opposed. From such authors as Garcia Rodrigo, who laud its work of -purification, misrepresent its scope, and deplore (in our own times) -the extinction of that terrible tribunal, it is a far cry indeed -to such writers as Dr. Rule, who dip their pens in the gall of an -intolerance as virulent as that which they attack. - -The author has sought here to hold a course that is unencumbered by -religious partisanship, treating purely as a phase of history the -institution for which Torquemada was so largely responsible. He has not -written in the Catholic interest, or the Protestant interest, or the -Jewish interest. He holds the view that on the score of intolerance it -is not for Christians to cast a stone at Jews, nor Jews at Christians, -nor yet Christians of one sect at Christians of another. Each will -find in his own history more than enough to answer for at the bar of -Humanity. And when achievement is measured by opportunity, each will -discover that he is entitled to fling at the others no reproaches which -the others are not entitled to fling at him. - -If the Spanish Inquisition is here shown as a ruthless engine of -destruction whose wheels drip the blood of mangled generations, yet it -is very far from being implied that religious persecution is an offence -peculiar to the Church of Rome. - -“She persecuted to the full extent of the power of her clergy, and that -power was very great. The persecution of which every Protestant church -was guilty was measured by the same rule, but clerical influence in -Protestant countries was comparatively weak.” - -Thus Lecky, whom we quote lest any should be tempted to use anything -in these pages as a weapon of unchristian Christian partisanship. -Let any such remember that against Torquemada, who was unfortunately -well served by opportunity, may be set the bloody-minded John Knox, -who, fortunately for humanity, was not; let him ponder the slaughter -of Presbyterians, Puritans, and Roman Catholics under Elizabeth; let -him call to mind the persecutions of the Anabaptists under Edward VI, -and the Anabaptists’ own clamour for the blood of all who were not -re-baptized. - - - - -CONTENTS - - - CHAPTER PAGE - - I. EARLY PERSECUTIONS 17 - - II. THE INQUISITION CANONICALLY ESTABLISHED 29 - - III. THE ORDER OF ST. DOMINIC 37 - - IV. ISABELLA THE CATHOLIC 51 - - V. THE JEWS IN SPAIN 71 - - VI. THE NEW-CHRISTIANS 89 - - VII. THE PRIOR OF HOLY CROSS 104 - - VIII. THE HOLY OFFICE IN SEVILLE 114 - - IX. THE SUPREME COUNCIL 130 - - X. THE JURISPRUDENCE OF THE HOLY OFFICE--THE FIRST “INSTRUCTIONS” - OF TORQUEMADA 139 - - XI. THE JURISPRUDENCE OF THE HOLY OFFICE--THE MODE OF PROCEDURE 168 - - XII. THE JURISPRUDENCE OF THE HOLY OFFICE--THE AUDIENCE OF TORMENT 184 - - XIII. THE JURISPRUDENCE OF THE HOLY OFFICE--THE SECULAR ARM 194 - - XIV. PEDRO ARBUÉS DE EPILA 213 - - XV. TORQUEMADA’S FURTHER “INSTRUCTIONS” 231 - - XVI. THE INQUISITION IN TOLEDO 239 - - XVII. AUTOS DE FÉ 247 - - XVIII. TORQUEMADA AND THE JEWS 256 - - XIX. THE LEGEND OF THE SANTO NIÑO 271 - - XX. THE ARREST OF YUCÉ FRANCO 282 - - XXI. THE TRIAL OF YUCÉ FRANCO 294 - - XXII. THE TRIAL OF YUCÉ FRANCO (_continued_) 317 - - XXIII. THE TRIAL OF YUCÉ FRANCO (_concluded_) 331 - - XXIV. EPILOGUE TO THE AFFAIR OF THE SANTO NIÑO 346 - - XXV. THE EDICT OF BANISHMENT 356 - - XXVI. THE EXODUS FROM SPAIN 367 - - XXVII. THE LAST “INSTRUCTIONS” OF TORQUEMADA 377 - - BIBLIOGRAPHY 395 - - INDEX 397 - - - - -LIST OF ILLUSTRATIONS - - - FREY TOMÁS DE TORQUEMADA _Frontispiece_ - From a Painting attributed to Miguel Zittoz. - - FACING PAGE - - ST. PETER THE MARTYR PREACHING 32 - From the Painting by Berruguete. - - ST. DOMINIC 48 - From the Painting in the Prado Gallery, attributed to Miguel Zittoz. - - POPE INNOCENT III. AND ST. DOMINIC 64 - From a Fresco in the Church of the Sacro Speco, Subiaco. - - ISABELLA THE CATHOLIC 80 - From a Painting in the Prado Gallery, attributed to Miguel Zittoz. - - SEVILLE 96 - From Colmenar’s “Délices d’Espagne.” - - FERDINAND OF ARAGON AND THE INFANTE DON JUAN 128 - From the Painting in the Prado Gallery attributed to Miguel Zittoz. - - TITLE-PAGE OF THE FIRST PRINTED EDITION OF THE “INSTRUCTIONS” - OF TORQUEMADA 144 - - TOLEDO 176 - From Colmenar’s “Délices d’Espagne.” - - PROCESSION TO AUTO DE FÉ 208 - From Limborch’s “Historia Inquisitionis.” - - THE AUTO DE FÉ 240 - From Limborch’s “Historia Inquisitionis.” - - BANNER OF THE INQUISITION 272 - From Limborch’s “Historia Inquisitionis.” - - SANBENITO OF PENITENT ADMITTED TO RECONCILIATION 304 - From Limborch’s “Historia Inquisitionis.” - - SANBENITO OF PENITENT RELAPSED 336 - From Limborch’s “Historia Inquisitionis.” - - SANBENITO OF IMPENITENT 368 - From Limborch’s “Historia Inquisitionis.” - - SPAIN AND PORTUGAL 384 - From Colmenar’s “Délices d’Espagne.” - - - - -TORQUEMADA - - - - -CHAPTER I - -EARLY PERSECUTIONS - - -In an endeavour to trace the Inquisition to its source it is not -necessary to go as far back into antiquity as went Paramo; nor yet -is it possible to agree with him that God Himself was the first -inquisitor, that the first “Act of Faith” was executed upon Adam and -Eve, and that their expulsion from Eden is a proper precedent for the -confiscation of the property of heretics.[1] - -Nevertheless, it is necessary to go very far back indeed; for it is in -the very dawn of Christianity that the beginnings of this organization -are to be discovered. - -There is no more lamentable lesson to be culled from history than that -contained in her inability to furnish a single instance of a religion -accepted with unquestioning sincerity and fervour which did not, out of -those very qualities, beget intolerance. It would seem that only when a -faith has been diluted by certain general elements of doubt, that only -when a certain degree of indifference has crept into the observance -of a prevailing cult, does it become possible for the members of that -cult to bear themselves complacently towards the members of another. -Until this comes to pass, intolerance is the very breath of religion, -and--when the power is present--this intolerance never fails to express -itself in persecution. - -Deplorable as this is in all religions, in none is it so utterly -anomalous as in Christianity, which is established upon tenets of -charity, patience, and forbearance, and which has for cardinal guidance -its Founder’s sublime admonition--“Love one another!” - -From the earliest days of its history, persecution has unfailingly -signalized the spread of Christianity, until to the thoughtful observer -Christianity must afford the grimmest, the saddest--indeed, the -most tragic--of all the paradoxes that go to make up the history of -civilized man. - -Its benign gospel of love has been thundered forth in malign hatred; -its divine lesson of patience and forbearance has been taught in -murderous impatience and bloodthirsty intolerance; its mild tenets of -mercy and compassion have been ferociously expounded with fire and -sword and rack; its precepts of humility have been inculcated with a -pride and arrogance as harsh as any that the world has known. - -It is impossible to deny that at almost any time in the history of -Christianity the enlightened pagan of the second century would have -been justified of his stinging gibe--“Behold how these Christians love -one another!” - -It may even be said of the earliest Christians that it was largely -through their own intolerance of the opinions and beliefs of others -that they brought upon themselves the persecutions to which through -three centuries they were intermittently subjected. Certain it is that -they were the first to disturb the toleration which in polytheistic -Rome was accorded to all religions. They might have pursued their cult -unmolested so long as they accorded the same liberty to others. But by -the vehemence with which they denounced false all creeds but their own, -they offended the zealous worshippers of other gods, and so disturbed -the peace of the community; by denying obedience to the state in -which they dwelt, by refusing to bear arms for the Empire on the plea -of “Nolo militare; militia mea est ad Dominum!” they provoked the -resentment of the law. When driven, by the beginnings of persecution, -to assemble and celebrate their rites in secret, this very secrecy -became the cause of further and sharper proceedings against them. Their -mysteriousness evoked suspicion, and surmise sprang up to explain it. -Very soon there was levelled against them the charge from which hardly -any cult that celebrates in secret has been exempt. It was put abroad -that they practised abominations, and that they engaged in the ritual -murder of infants. Public opinion, ever credulous where evil is the -subject, was still further inflamed against them, and fresh and greater -disorders were the result. Thus they came to be denounced for atheism, -insubordination, and subversion of public order. - -The severity dealt out to them by a state hitherto indifferent--through -the agnosticism prevalent in the ruling classes--to the religious -opinions of its citizens, was dictated by the desire to suppress an -element that had become socially perturbative, rather than by any -vindictiveness or intolerance towards this new cult out of Syria. - -Under Claudius we see the Nazarenes expelled from Rome as disturbers -of the public peace; under Nero and Domitian we see them, denounced as -_hostes publici_, suffering their first great persecution. But that -persecution on purely religious grounds was repugnant to the Roman is -shown by the conduct of Nerva, who forbade delations and oppressions on -the score of belief, and recalled the Christians who had been banished. -His successor, the just and wise Trajan, provoked perhaps by the fierce -insurrection of the Jews which occurred in his reign, moved against the -Nazarenes at first, but later on afforded them complete toleration. -Similarly were they unmolested by the accomplished Adrian, who, indeed, -so far approved of their creed as to have notions of including Christ -in the Roman Pantheon; and they were left in peace by his successor -Antoninus, notwithstanding that the last was so attached to the faith -of his country and to the service of the gods as to have earned for -himself the surname of Pius. - -With the accession of the philosopher-emperor Marcus Aurelius, who -was rendered hostile to the new doctrine not only by his own stoical -convictions, but also because politically he viewed the Christians with -disfavour, came the next great persecution; and persecution was their -portion thereafter for some sixty years, under four reigns, until the -accession of Alexander Severus in the third decade of the third century -of the Christian era. - -Alexander’s mother, Julia Mannea, is believed to have been instructed -in the new doctrine by Origen, the Alexandrian, although her conversion -to Christianity and her ideas upon it do not appear to be greatly -in advance of those of Adrian, for she is said to have included an -image of Christ in the group of beneficent deities set up in her -_lararium_.[2] - -For twenty years the Christians now knew peace and enjoyed the fullest -liberty. Upon that followed a period of severe oppression, initiated -by Decius, continued by Valerian and Aurelian, and reaching something -of a climax under Diocletian, in the dawn of the fourth century, when -the Christians endured the cruellest and most ferocious of all these -persecutions. But the end of their sufferings was at hand, and with -the accession of Constantine in 312 a new era began for Christianity. -Constantine, upheld by the Christians as their saviour, in admitting -the inevitable predominance which the new religion had obtained in -rather less than three hundred years, was compelled to recognize the -rights of its votaries not only to existence but to authority. - -Legends surround the history of this emperor. The most popular relates -how, when he was marching against Maxentius, his rival for the throne, -desponding in the consciousness of his own inferior force, there -appeared at sunset a fiery cross in the heavens with the inscription -ΕΝ ΤΟΓΤΩ ΝΙΚΑ--IN THIS SIGN YOU CONQUER. And it is claimed that as a -consequence of this portent, whose injunction he obeyed, he sought -instruction in Christianity, was baptized and made public avowal of -that faith. Others maintain that he was reared in Christianity by -his mother, St. Helena--she who made an expedition to the Holy Land -to recover the true cross, and who is said to have built the Church -of the Holy Sepulchre in Jerusalem; whilst others still assert that -Constantine did not receive baptism until at the point of death, and -that throughout his life, whilst undoubtedly favouring Christians, he -continued in the pagan religion in which he had been educated by his -father. - -The truth probably lies midway. During the early years of his reign -Constantine not only pursued a middle course, according religious -liberty to all sects, but, himself, whilst leaning strongly towards -Christianity, retained his imperial dignity of High-priest of the -polytheistic Roman cult, and the title “Pontifex Maximus,” which -later--together with so much else of pagan origin--was appropriated -by the Christians and bestowed upon their chief bishop. But in 313-14 -he refused to celebrate the _ludi seculares_, and in 330 he issued an -edict forbidding temple-worship, whilst the Christian Council of Nicæa, -in 325, was held undoubtedly under his auspices. - -From the very moment that the new religion found itself recognized -and invested not only with civil rights but actually with power, from -the very moment that the Christian could rear his head and go openly -and unafraid abroad, from that very moment do we find him engaging in -persecutions against the votaries of other cults--against pagan, Jew, -and heretic. For although Christianity was but in the beginning of the -fourth century of its existence, not only had it spread irresistibly -and mightily in spite of the repressive measures against it, but it was -already beginning to know dismemberment and divisions in its own body. -Indeed, it has been computed that the number of schisms in the fourth -century amounted to no less than ninety. - -Of these the most famous is that of Arius, a priest of Alexandria, -who denied that Christ was God Incarnate, accounting Him no more than -divinely inspired, the first and the highest of the sons of men. -Although already denounced by the Synod that met at Alexandria in 321, -so great had been the spread of this doctrine that the Œcumenical -Council of Nicæa was convoked especially to deal with it. It was then -condemned as heretical, and the Articles of Faith were defined and set -down in the Nicene Creed, which is recited to this day. - -Other famous heresies were the Manichæan, the Gnostic, the Adamite, -the Severist, and the Donatist; and to these were soon to be added, -amongst others, the Pelagian and the Priscilliantist. - -Perhaps the Manichæans’ chief claim to celebrity lies in the fact that -the great St. Augustine of Tagaste, when he abandoned the disorders of -his youth, entered Christianity through this sect, which professed a -form of it vitiated by Sun-worship and Buddhism. - -The other heresies--with the exception of the Pelagian--were, in -the main, equally fantastic. The Gnostic heresy, with its many -subdivisions, was made up of mysticism and magic, and founded upon -Zoroastrian notions of dualism, of the two powers of good and evil, -light and darkness. To the power of evil it attributed all creation -save man, whose soul was accounted of divine substance. The Adamites -claimed to be in the state of original innocency of Adam before the -fall; they demanded purity in their followers, rejected marriage, which -they urged could never have come into existence but for sin, and they -expelled from their Church all sinners against their tenets, even as -Adam and Eve had been expelled from Eden. The Severists denied the -resurrection of the flesh, would not accept the acts of the apostles, -and carried purity to fantastic lengths. The Soldiers of Florinus -denied the Last Judgment, and held it as an undeniable truth that the -resurrection of the flesh lay entirely in reproduction. - -The Pelagians were the followers of Pelagius, a British monk who -settled in Rome towards the year 400, and his heresy at least was -founded upon rational grounds. He denied the doctrine of original sin, -maintained that every human being was born in a state of innocency, -and that his perseverance in virtue depended upon himself. He found -numerous followers, and for twenty years the conflict raged between -Pelagians and the Church, until Pope Zosimus declared against them and -banished Pelagius from Rome. - -From Constantine onwards Christianity steadily maintains her -ascendancy, and her earliest assertion of her power is to bare the -sword of persecution, oblivious of the lofty protests against it which -she, herself, had uttered, the broad and noble advocacy of tolerance -which she had urged in the days of her own affliction. We find Optatus -urging the massacre of the Donatists--who claimed that theirs was the -true Church--and Constantine threatening with the stake any Jew who -should affront a Christian and any Christian who should become a Jew. -We find him demolishing the churches of the Arians and Donatists, -banishing their priests and forbidding under pain of death the -propagation of their doctrines. - -The power of Christianity suffered one slight check thereafter, under -the tolerant rule of Julian the Apostate, who reopened the pagan -temples and restored the cult of the old gods; but it rose again to be -finally and firmly established under Theodosius in 380. - -Now we see the pagan temples not only closed, but razed to the ground, -the images broken and swept away, their worship, and even private -sacrifice, forbidden under pain of death. From Libanius we may -gather something of the desolation which this spread among the pagan -peasant-folk. Residing at a distance from the great centres where -doctrines were being expounded, they found themselves bereft of the -old gods and without knowledge of the new. Their plight is a far more -pathetic one than that of the Arians, Manichæans, Donatists, and all -other heretics against whom there was a similar enactment. - -It is now, at this early date, that for the first time we come across -the title “Inquisitor of the Faith,” in the first law[3] promulgated to -render death the penalty of heresy. It is now that we find the great -Augustine of Tagaste--the mightiest genius that the Church has brought -forth--denouncing religious liberty with the question, “Quid est enim -pejor, mors animæ quam libertas erroris?”[4] and strenuously urging -the death of heretics on the ground that it is a merciful measure, -since it must result in the saving of others from the damnation -consequent upon their being led into error. Similarly he applauded -those decrees of death against any one pursuing the polytheism that but -a few generations earlier had been the official religion of the Roman -Empire. - -It was Augustine--of whom it has been truly said that “no man since -the days of the Apostles has infused into the Church a larger measure -of his spirit”--in his enormous fervour, and with the overwhelming -arguments inspired by his stupendous intellect, who laid down the -principles that governed persecution, and were cited in justification -of it for nearly 1,500 years after his day. “He was,” says Lecky, “the -most staunch and enthusiastic defender of all those doctrines that grow -out of the habits of mind that lead to persecution.”[5] - -So far, however much persecution may have been inspired by the Church, -its actual execution had rested entirely and solely with the civil -authorities; and this aloofness, indeed, is urged upon the clergy by -St. Augustine. But already before the close of the fourth century we -find ecclesiastics themselves directly engaged in causing the death of -heretics. - -Priscillian, a Spanish theologian, was led by St. Paul’s “Know ye -not that ye are the temple of God?” to seek to render himself by -purity a worthy dwelling. He preached from that text a doctrine of -stern asceticism, and forbade the marriage of the clergy. This at the -time was optional,[6] and by proclaiming it to be Christ’s law he -laid himself open to a charge of heresy. He was accused of magic and -licentiousness, excommunicated in 380 and burnt alive, together with -several of his companions, by order of two Christian bishops. He has -been described as the first martyr burnt by a Spanish Inquisition.[7] - -It must be added that the deed excited the profoundest indignation on -the part of the clergy against those bishops who had been responsible -for it, and St. Martin of Tours hotly denounced the act. But this -indignation was not provoked by the fact that men had suffered -death for heresy, but by the circumstance that ecclesiastics had -procured the execution. For it was part of the pure teaching of the -early Church that under no circumstances--not as judge, soldier, or -executioner--should a Christian render himself the instrument of the -death of a fellow-creature; and it was partly through their rigid -obedience to this precept that the Christians had first drawn attention -to themselves and aroused the resentment of the Roman government, as -we have seen. Now, whilst at no time after the Church’s accession to -power was this teaching observed with any degree of strictness, yet -there were limits to the extent to which it might be neglected, and -that limit, it was considered, had been exceeded by those prelates -responsible for the death of the Priscilliantists. - -The point, apparently trivial at present, has been insisted upon here, -in view of the important and curious part which it was destined to play -in the procedure of the Inquisition. - -The Church had now come to identify herself with the State. She had -strengthened her organizations; she had permeated the State with her -influences, until it may almost be said that the State had lost its -capacity for independent existence, and had become her instrument. -The civil laws were based upon her spiritual laws; the standard of -morality was founded upon her doctrines; the development of the -arts--of painting, sculpture, literature, and music--became such as was -best adapted for her service, and, cramped thereby into confines far -too narrow, was partly arrested for a time; sciences and crafts were -stimulated only by her needs and curbed by her principles; the very -recreation of the people was governed by her spirit. - -And yet, whilst influencing the State in its every ramification so -profoundly that State and Church appeared welded into one disintegrable -whole, she kept herself independent, unfettered, and autonomous. So -that when that great Empire of the West upon which she had seemed -to lean was laid in ruins by the invading barbarians, she continued -upright, unshaken by that tremendous cataclysm. She remained to conquer -the barbarian far more subtly and completely than he had conquered. Her -conquest lay in bringing him to look upon her as the natural inheritor -of fallen Rome. Soon she entered upon that splendid heritage, claiming -for her own the world-supremacy that Rome had boasted, and assuming -dominion over the new nations that were building upon the ruins of the -shattered empire. - - - - -CHAPTER II - -THE INQUISITION CANONICALLY ESTABLISHED - - -For some seven centuries after the fall of the Roman Empire -persecutions for heresy were very rare and very slight. This, however, -cannot be attributed to mercy. Although some of the old heresies -survived, yet they were so sapped of their vitality that they were -no longer openly flaunted in defiance of the mother-Church, but were -practised in such obscurity as, in the main, to escape observation. - -Fresh schisms, on the other hand, do not appear to have sprung up -during that spell. Largely this would be due to the clear formulation -of the Catholic theology by the various œcumenical councils held in -the years that followed upon the Christian emancipation, and by the -intellectual breadth of these doctrines, which were entirely adequate -and all-sufficient to the intellectual capacity of the time. But this -state of things could only have endured at the cost of arresting -man’s intellectual progress. A certain restraint and curb undoubtedly -was exerted, but definitely to check the imaginative and reasoning -faculties of man has never been within the power of any creed, and -never can be. It was in vain that the Church sought to coerce thought -and to stifle the learning that struck at her very foundations and -discovered the error of the cosmic and historical conceptions upon -which her theology was based; in vain that she entrenched herself -within her doctrines, and adhered rigidly to the form she had adopted. - -Upon this uncompromising rigidity of the Catholic Church much censure -has been poured. The present aim is a cold survey of certain features -of history, and in such a task all polemical matters should be avoided. -Yet it may be permissible to say a word here to elucidate rather than -to defend an attitude that has been unduly abused. - -It is admitted that the unyielding policy of the Church was one that -militated seriously against intellectual evolution, and on that -account it is to be deplored. But let the unbiassed mind consider for -a moment the alternative. The admission of error is the commencement -of disruption. Where one error is admitted, a thread is drawn from a -weft whose threads are interdependent for the stability of the whole. -Who has yielded once has set up a precedent that will be urged against -him to make him yield again, and yet again, until he shall have yielded -all, and, having nothing left, must suffer an imperceptible effacement. - -When all is considered, there is an indisputable dignity in the -attitude of a Church which, claiming that what she teaches rests not -upon human knowledge but upon divine inspiration, refuses to cede one -jot of her doctrines to man’s discoveries; holding--and incontestably, -so long as the premise is admitted--that however certain may appear the -truths which human subtlety has disclosed, however false may appear -the doctrines to which she owes her being, it still remains that the -former are human and the latter divine of origin. Between the two she -proudly holds that there is no disputing; that error possible to man is -impossible to divinity; that man’s perception of error in the divine -tenets of the Church is no more than the manifestation of his own -liability to err. - -The Church of Rome realized that either she must be entirely, or -entirely cease to be. And it is matter for unprejudiced consideration -whether the spectacle of her immobility is not more dignified than -would have been that of her yielding up her divinities one by one to -the expanding humanities, and thus gradually undergoing a course of -dismemberment which must in the end remove her last claim to existence. -In the attitude she assumed she remained the absolute mistress of her -votaries; had she departed from it she must have become their abject -servant. - -Dr. Rule invites his readers to notice attentively that “no Church but -that of Rome ever had an Inquisition.”[8] But he neglects to carry -the consideration to its logical conclusion, and to add that in no -Christian Church but that of Rome could an Inquisition be possible. -For it would be impossible to offend heretically against any Church -that accommodates itself to new habits of thought in a measure as these -occur, and gives way step by step before the onslaught of learning.[9] - -The Church of Rome presented her immutable formularies, her -unchangeable doctrines to the world. “This,” she announced, “is my -teaching. By this I hold. This you must accept without reservations, in -its entirety, or you are no child of mine.” - -With that there could be no cavil. Had she but added the admission of -man’s liberty to accept or reject her teaching, had she but left man -free to confess or not her doctrines as his conscience and intelligence -directed, all would have been well. Unfortunately she accounted it her -duty to go further; she used coercion and compulsion to such an extent -that she imbued her children with the spirit of the eighteenth-century -Jacobin, exclaiming, “Be my brother, or I kill you!” - -Unable by intellectual means to stem the intellectual secession from -her ranks, she had recourse to physical measures, and revived the -fiercely coercive methods of the first centuries. - -A serious heretical outbreak had been occurring in Southern France. -There, it would seem, all the schisms that had disturbed the Church -since her foundation were gathered together--Arians, Manichæans, and -Gnostics--to which were added certain more recent sects, such as the -Cathars, the Waldenses, and the Boni Homines, or Good People. - -These new-comers deserve a word of explanation. - -The Cathars, like the Gnostics, were dualists; indeed, their creed was -little more than a development of Gnosticism. They believed that the -earth was the only hell or purgatory, that it was given over to the -power of the devil, and that human bodies were no more than the prisons -of the angel spirits that fell with Lucifer. In heaven their celestial -bodies still awaited them, but they could not resume these until they -had worked out their expiation. To accomplish this a man must die -reconciled with God; failing that, another earthly existence awaited -him in the body of man or beast, according to his deserts. It will be -seen that, saving for abundant Christian elements introduced into this -faith, it was little more than a revival of metempsychosis, the oldest -and most fascinating of intelligent beliefs. - -The Waldenses, or Vaudois, with whom were allied the Good People, were -the earliest Protestants, as we understand the term. They claimed -for every man the right to interpret the Bible and to celebrate the -sacraments of the Church without the need of being in holy orders. -Further, they denied that the Roman Church was the Church of Christ. - -These sects were known collectively as the Albigenses, so called -because the Council of Lombers, convoked to pronounce their -condemnation, had been held in the Diocese of Albi in 1165. - -[Illustration: - - _Photo by Anderson._ - -ST. PETER THE MARTYR PREACHING. - -From the Painting by Berruguete.] - -Pope Innocent III made an attempt to convert them; with this aim in -view he sent two monks, Peter de Castelnau and one Rodolfe, to -restore order amongst them and induce them to return to submission. -But when they murdered one of his legates the Holy Father had recourse -to those other less legitimate measures of combating liberty of -conscience. He ordered the King of France, the nobles and clergy of -the kingdom, to assume the crusader’s cross, and to proceed to the -extirpation of the Albigensian heretics, whom he described as a worse -danger to Christendom than the Saracens; and he armed them for the fray -with the same spiritual weapons that John VIII had bestowed upon those -who went to war in Palestine in the ninth century. Upon all who might -die in the service of the Church he pronounced a plenary indulgence. - -It is not the present aim to follow the history of the horrible strife -that ensued--the massacres, pillages, burnings that took place in the -course of the war between the Albigenses under Raymond of Toulouse -and the Crusaders under Simon de Montfort. For over twenty years did -that war drag on, and in the course of it the original grounds of the -quarrel were forgotten; it passed into a struggle for supremacy between -North and South, and thus, properly speaking, out of the history of the -Inquisition.[10] - -Now, for all that the title “Inquisitor of the Faith” was first -bestowed by the Theodosian Code, and for all that persecutions against -heretics and others had been afoot since an even earlier date than -that of Theodosius, Innocent III is to be considered the founder of -the Holy Inquisition as an integral part of the Church. For it is -under his jurisdiction that the faculty of persecuting heretics, which -hitherto had belonged entirely to the secular arm, is now conferred -upon the clergy. He dispatched two Cistercian monks as inquisitors into -France and Spain, to engage in the work of extirpating heretics; and -he strictly enjoined all princes, nobles and prelates to afford every -assistance to these emissaries, and to further them in every way in the -work they were sent to do.[11] - -Himself, personally, Pope Innocent directed his attention to the -Paterini--a sect which rebelled against the celibacy imposed upon the -clergy--who were gaining ground in Italy. He invoked the secular arm -to assist him in their apprehension, imprisonment, and banishment, in -seizing their possessions, which were confiscated, and in razing their -houses to the ground. - -In 1209 he assembled a council at Avignon, under the presidency of his -legates, wherein by his directions it was ordained that every bishop -should select such of his subjects, counts, castellans, and knights as -might seem to him proper, and swear them to undertake the extermination -of all excommunicated heretics. - - * * * * * - -“And to the end that the bishop may be the better enabled to purge his -diocese of heretical pravity, let him swear one priest and two, three -or more laymen of good repute in every parish to report to the bishop -himself, and to the governors of cities or to the lords and bailiffs of -places, the existence of any heretics or abettors of heresy wherever -found, to the end that these may be punished according to the canonical -and legal dispensations, in all cases suffering forfeiture of property. -And should the said governors and others be negligent or reluctant in -the execution of this divine service, let their persons be severally -excommunicated, and their territories placed under the interdict of the -Church.”[12] - - * * * * * - -In the year 1215 Pope Innocent held a further council at the Lateran in -which he extended the field of ecclesiastical activity in persecution. -He issued an injunction to all rulers, “as they desired to be esteemed -faithful, to swear a public oath that they would labour zealously -to exterminate from their dominions all those who were denounced as -heretics by the Church.”[13] - -This injunction was backed by a bull which menaced with excommunication -and forfeiture of jurisdiction any prince who should fail to extirpate -heretics from his dominions--so that at one stroke the Pope asserted -his power to an extent that denied liberty of conscience to people and -independence to princes. - -And meanwhile every heretic against the Holy Catholic and Orthodox -Faith, as accepted by the fathers assembled in the Church of St. John, -was excommunicated, and there followed these provisions: - -“When condemned, the secular powers, or their representatives, being -present, they shall be delivered to these for punishment, the clerics -being previously degraded from their orders. The property of laymen -shall be confiscated; that of clerics bestowed upon their churches. -Persons marked with suspicion only shall, unless they can clear -themselves, be smitten with the sword of anathema, and shunned by all. -If they persist for a year in excommunication, they shall be condemned -as heretics. - -“Secular powers must be moved or led, or at need compelled by -ecclesiastical censure, to make public oath for the defence of the -faith, as they themselves desire to be esteemed faithful, undertaking -to labour with all their power to extirpate from their dominions those -whom the Church shall denounce as heretics.”[14] - - * * * * * - -The excommunication that was to wait upon disobedience was no empty -threat, nor yet was it concerned alone with the spiritual part of man. -The Pope’s anathema imposed the same penalties upon those against whom -it was launched as the Druid’s curse had imposed of old.[15] - -Persons under the ban of the Church might hold no office, nor claim -any of the ordinary rights of citizenship, or, indeed, of existence. -In sickness or distress none might show them charity under pain of -incurring the same curse, nor after death should their bodies be given -Christian burial. - -By these provisions and injunctions the Inquisition may be said to have -entered upon the second stage of its evolution, and to have assumed -a strictly ecclesiastical character--in short, to be canonically -established. - -It was Pope Innocent III who placed in the hands of the Church this -terrible weapon of persecution, and who, by the awful severity of -his own attitude towards liberty of conscience, of thought, and of -expression, afforded to fanaticism and religious intolerance an example -that was to be their merciless guide through centuries to come. - - - - -CHAPTER III - -THE ORDER OF ST. DOMINIC - - -_“If thou wilt be perfect, go and sell that thou hast, and give to the -poor, and thou shall have treasure in heaven; and come and follow Me!”_ - -The contrast between the condition thus enjoined by the Founder of -Christianity and the worldly position occupied by His Vicar on earth -was now fast approaching the climax which was to become absolute with -the era of the Renaissance. - -From the simple folk foregathering in Rome in the middle of the first -century to discuss and to guide one another in the practice of the -new doctrine of love and humility, conveyed by word of mouth from the -East, in all its pristine simplicity, unburdened as yet by theological -complexities, unfettered by formularies, it is a far cry indeed to the -proud curial Christians of the Rome of Pope Innocent III. - -The successor of Peter, the poor fisherman of Galilee, was enthroned -with a splendour outrivalling that of any other earthly potentate. -Temporally he was lord of considerable dominions; spiritually he -claimed empire over the entire Christian world, and maintained his -supremacy with the thunderbolts of anathema which he had forged -himself. His glittering court was thronged with rustling, scarlet -prelates, with patricians in cloth of gold and silver, captains in -steel, mincing fops and stately senators. He was arrayed in garments -woven of the very finest fleece, crowned with the triple diadem of -white peacock feathers within three flaming circlets of precious -stones. On his coronation kings served him upon the knee at table; -throughout his reign princes and patricians were his lackeys. - -From the steps of the Lateran on the day of his accession he would -fling a handful of money to the Roman crowd, exclaiming: “Gold and -silver are not for me. What I have I give to thee.” - -Yet his riches were vast, their sources almost inexhaustible. The -luxury in which he lived and moved was the most sumptuous that wealth -could command and art and artifice produce. - -Nor was this ecclesiastical magnificence confined to Rome and the Papal -Court. Gradually it had come to permeate the entire body clerical until -it had affected even the monastic orders. From the simplicity of their -beginnings these orders had developed into baronial institutions. -The fathers presided in noble abbeys over wide tracts of arable and -vineyard which they owned and cultivated, and over rural districts and -parishes, which they governed and taxed as feudal lords rather than -served as priests. - -So arrogant and aristocratic was become the spirit of a clergy whose -mission was to preach the sublimest and most ideal of democratic -doctrines, that the Church seemed no longer within the reach of -plebeian and peasant-folk. It was fast becoming an institution of -patricians for patricians. - -How long this state of things might have endured, what results might -have attended its endurance, it were perhaps idle to speculate. That a -change was wrought, that provision was made for the lowly and the poor, -is due to the advent of two men as similar in much as in much else they -were dissimilar. They met in Rome at the foot of the pontifical throne. - -Either might have been the founder of a religion had he not found -already in the world an ideal religion which he could serve. Both were -men born into easy circumstances of life; one, Francesco Bernardone, -was the son of a wealthy merchant of Assisi; the other, Domingo de -Guzman, of Calahorra, was a nobleman of Spain. - -To-day the Church includes them in her Calendar as St. Francis of -Assisi and St. Dominic. They are the resplendent twain whom Dante -beheld together in his “Paradise”: - - “L’un fu tutto serafico in ardore, - L’altro per sapienza in terra fue - Di cherubica luce un splendore.”[16] - -St. Francis--through the sweetness and tenderness that emanated from -his poetic, mystic nature, the most lovable of all the saints--came -from his native Assisi to implore the Father of Fathers to permit him -to band together into an order the barefoot companions he had already -gained, to the end that they should practise Christ’s injunction of -poverty and self-abnegation, and minister to the afflicted. - -St. Dominic--and our concern is more with him--had been chosen for -his eloquence and learning to accompany the Bishop of Osma upon an -inquisitorial journey into Southern France. There he had witnessed -the fierce carnage that was toward. He had preached to the heretics -at Toulouse, and the burning, passionate eloquence of his oratory had -made converts of many of those who were prepared to resist the cruel -arguments of fire and steel. - -In the ardour of his zeal he had flung aside his rank and the ease and -dignity it afforded him. Like St. Francis he went barefoot, embracing -poverty and self-denial; yet, less mystical, less tender, entirely -practical where the propagation of the Faith was concerned, he had -exulted in the bloody victories that Simon de Montfort had won over the -heretical Albigenses. - -Yet, if he gloried in the end achieved--conceiving it the supremest of -all human ends--he must have been touched with regret for the means -employed. - -He has been termed a fierce and cruel zealot. But ferocity and cruelty -do not go hand in hand with such lowly humility as undoubtedly was -his. And the very object of his mission to Rome permits, if it does -not point to, a very different conclusion. He went deploring the -bloodshed he had witnessed, however greatly he may have prized the -fruits of it. Inspired by the success that had attended his oratory, -he aimed at providing other and gentler means by which in the first -instance to seek the attainment of the same ends. He went to implore -Pope Innocent’s leave to found an order of preachers who in poverty and -lowliness should go abroad to win back to the Roman fold the sheep that -had strayed into heretical pastures. - - * * * * * - -Pope Innocent considered the simultaneous requests of both these -men--requests which, springing from the same passionate fervour in -both, yet came by different, if similar, channels to a sort of unity in -the end. - -He perceived the services which such men as these might render to -the Church, endowed as they were with the magnetic power of creating -followings, of inflaming hearts, and replenishing the flickering lamp -of public zeal. - -He detected no heresy, no irony, in the cult of pauperdom which -they would go forth to preach under the sanction and charter of the -luxurious, aristocratic, curial court. - -But there existed another obstacle to his granting them their prayers. -So numerous already were the monastic orders that a Council of the -Lateran had decreed that no more should be created. Favouring these -petitioners, however, he was applying himself to the surmounting of the -difficulty when death took him. - -Thus the burden of solving this problem was thrust upon his successor, -Honorius III. And it is said that the new pope was spurred to discover -a solution by a dream--which has been made the subject of a fresco by -Bennozzo Gozzoli--in which he beheld this saintly pair supporting with -their hands the tottering Lateran. - -Since he could not establish them and their followers as monastic -fathers, he had recourse to creating brotherhoods for them. These -brotherhoods, he affiliated to the order of St. Augustine, the -Dominicans as friars-preachers (_fratres predicatores_) and the -Franciscans as friars-minors (_fratres minores_). - -Thus were launched these two mendicant orders, which by the enormous -following they were so soon to win, were destined to become one of the -greatest means of power of the Roman Church. - -In the lifetime of their founders the fundamental laws of poverty were -observed in all their intended purity. But soon thereafter, being -men under their rough habits, and susceptible to the ambition that -is man’s, upon the acquisition of power followed the acquisition of -wealth. Their founders had accomplished a renascence of the original -spirit of Christianity. But soon this began to undergo modification, -and to respond to worldly influences, until the history of the -friars-mendicant repeats and mirrors the history of Christianity -itself. In a measure as they spread through Christendom, so they -acquired convents, lands, and property as they went. The personal -poverty of each brother remained, it is true; they still went abroad -barefoot and coarsely garbed, “without staff, or bag, or bread, or -money,” as their rule decreed. Individually they kept the vow of -privation; but considered collectively their poverty “remained outside -the convent gate,” as Gregorovius says, echoing what Dante had said -before him.[17] - -For the service of the Church the friars-mendicant became a splendid -army, and an army, moreover, whose maintenance made no draught upon the -pontifical treasury, since, by virtue of their mendicancy, the orders -were entirely self-supporting. And whilst both orders, magnificently -organized, grew extremely powerful, the Dominicans became formidable -through their control of that Inquisition whose early stirrings had -inspired St. Dominic to his task. - -His aim had been to found a preaching order whose special mission -should be the overthrow of heresy wherever found. The brethren were -to combat it, employing their eloquence on the one hand to induce the -heretic to abjure his error, on the other to inflame the faithful -against him, so that terror should accomplish what might not be -possible to persuasion. - -It may be that this mission which they had made specially their own, as -their founder ordained, peculiarly fitted the Dominicans to assume the -government of an ecclesiastical establishment whose aim was identical. -It was this order of St. Dominic that was to erect the grim edifice -of the Holy Office, and to develop and assume entire control of the -terrible machinery of the Inquisition. Their persuasion was to be the -ghastly persuasion of the rack; their eloquence was to be the burning -eloquence of the tongues of material flame that should lick their -agonizing victims out of existence. And all for the love of Christ! - - * * * * * - -Although it might be difficult to show--as has been attempted--that -Domingo de Guzman himself was actually the first ordained Inquisitor, -nevertheless as early as 1224, within three years of his death, the -Inquisition in Italy and elsewhere was already entirely in the hands of -the Dominicans. This is shown by a constitution promulgated at Padua -in February of that year by the Emperor Frederic II. It contains the -following announcement: - -“Be it known to all that we have received under our special protection -the preaching friars of the order of preachers, sent into our Empire on -business of the Faith against heretics, and likewise all who may lend -them assistance--as much in going as in abiding and returning--save -such as are already prescribed; and it is our wish that all should give -them favour and assistance; wherefore we order our subjects to receive -benignly any of the said friars whenever and wherever they may arrive, -keeping them secure from the enmity of heretics, assisting them in -every way to accomplish their ministry regarding the business of the -Faith.... And we do not doubt that you will render homage to God and -our Empire by collaborating with the said friars to deliver our Empire -from the new and unusual infamy of heretical pravity.”[18] - - * * * * * - -The constitution decreed that heretics when so condemned by the Church -and delivered over to the secular arm should be condignly punished; -that if any, through the fear of death, should desire to return to the -faith, he should receive the penance that might be imposed canonically -and be imprisoned for life; that if in any part of the Empire heretics -should be discovered by the inquisitors or by other zealous Catholics, -the civil powers should be under the obligation of effecting their -arrest at the request of the said inquisitors or other Catholics, and -of holding them in safe custody until excommunicated by the Church, -when they should be burnt; that the same punishment should be suffered -by _fautores_--_i.e._ those guilty of concealing or defending heretics; -that fugitives be sought for, and that converts from the same heresy be -employed to discover them. - -Odious as was this last enactment, there was yet worse contained in the -Emperor’s constitution. It was decreed that “the sin of _lèse-Majesté -divine_ being, as it is, greater than that of _lèse-Majesté humaine_, -and God being the avenger of the sins of the fathers on the -children, to the end that these may not imitate the sins of those, -the descendants of heretics to the second generation shall be deemed -incapable of honours or of holding any public office--_excepting -the innocent children who shall denounce the iniquity of their -fathers_.”[19] - -The barbarous provision here given in italics calls for no comment. - -Within four years of issuing that harsh proclamation against all rebels -from the sway of Rome, Frederic himself, in rebellion against the -pontiff’s temporal sway, was to feel the lash of excommunication. But -with that we have no concern. After his reconciliation with the Pope -he renewed the constitution of 1224, adding a provision concerning -blasphemers, who, in common with heretics of whatever sect, should -suffer death by fire; yet if the bishops should desire to save any -such, this could only be done subject to the offender’s being deprived -of his tongue, so that never again should he blaspheme God. - - * * * * * - -In the year 1227 Ugolino Conti, who had been a friend of Dominic and of -Francis, ascended the papal throne under the style of Gregory IX. - -It was this pontiff who, carrying forward the work that had been -undertaken in that direction by Innocent III, gave the Inquisition a -stable form. He definitely placed the control of it in the hands of the -Dominican friars, giving them, where necessary, the assistance of the -Franciscans. But the participation of the latter in the business of -that terrible tribunal is so slight as to be insignificant. - -Gregory’s bull, given in “Raynaldus,”[20] is one of excommunication -against all heretics. - -Further, it ordains that all condemned by the Church shall be -delivered to the secular arm for punishment, all clerics so delivered -being first degraded from their orders; that should any wish to abjure -his heresy and return to the Church, penance shall be imposed upon -him, and he shall suffer perpetual imprisonment. Abettors, concealers, -and defenders of heretics are similarly excommunicated; and if any -such shall neglect to procure absolution within one year, he shall be -accounted _infamous_, and shall be neither eligible for any public -office nor the elector of any other, nor act as witness, testator, -inheritor, nor have power to seek justice when wronged. If a judge, no -proceedings shall be laid before him, and his sentences, where passed, -shall be null and void; if an advocate, he shall not have faculty to -plead; if a notary, his deeds shall be void; if a cleric, he shall be -deposed from his office and benefices. - -Similarly, the ban of excommunication shall fall upon those who hold -traffic with any who are excommunicated, and they shall further be -punished with other penalties. - -Those who are under suspicion of heresy, unless they see to it -that they overcome the suspicion either by canonical purgation or -otherwise according to the quality of the person and the motives -for the suspicion, shall be excommunicated, and if they do not give -condign satisfaction within one year, they shall be deemed heretics. -Their claims or appeals shall not then be admitted, nor shall judges, -advocates, or notaries exercise their functions in favour of them; -priests shall refuse to administer the sacraments to them and to admit -their alms or oblations, and so shall the Templars and Hospitallers and -other regular orders, under pain of loss of office, from which naught -can save them but a mandate from the Holy See. - -Should any give Christian burial to one who has died under -excommunication, he shall himself incur excommunication, from which he -shall not be delivered until with his own hands he shall have exhumed -the corpse, and so disposed that the place may never again be used for -sepulture. - -Should any know of the existence of heretics or of any who practise -secret conventicles or whose ways of living are uncommon, they are -bound under pain of excommunication to divulge the same to their -confessor or other by whom they believe it will come to the knowledge -of their prelate. - -Children of heretics and of the abettors or concealers of heretics -shall be deprived until the second generation of holding any public -office or benefice. - -To the provisions of this bull, additions were made by the civil -governor of Rome, as representing the secular arm whose concern -it would be to inflict the punishments regarding which the Church -refrained from being explicit--confining herself to the promise that -they should be “condign.” - -He provided that: those arrested should be detained in prison until -condemned by the Church, when, after eight days, they should be -punished. - -Their property should be confiscated, one-third going to the delator, -one-third to the judge who should pronounce sentence, and one-third to -repair the walls of Rome, or otherwise as might be considered. - -The dwellings of heretics or of any who should consciously have -entertained heretics should be razed to the ground. - -If any man should have knowledge of the existence of heretics and fail -to denounce them he should be fined the sum of 20 livres. Should he -lack the means to pay, he was to be banished until he could find them. - -Abettors and concealers of heretics should for the first offence suffer -confiscation of one-third of their property, to be applied to keeping -the walls of Rome in repair. If the offence were repeated, then they -should be banished for ever. - -All who were elected senators must swear before taking office that -they would observe all laws against heretics; and were any to refuse -this oath his acts as senator would be null and void and none should -be obliged to follow or obey him, whilst those who might have sworn -obedience to him were absolved of their oath. Should a senator accept -this oath but afterwards refuse or neglect to respect its terms, he -must incur the penalties of perjury, suffer a fine of 200 silver marks, -to be applied to the repairing of the walls, and become ineligible for -any public office. - -Two years later--in 1233--at a Council held at Béziers, the papal -legate, Gaultier of Tournai, elaborated these canons by the following -provisions: - -“All magistrates, nobles, vassals, and others shall diligently seek to -discover, apprehend, and punish heretics wherever found. Every parish -in which a heretic is discovered shall pay as a penalty for having -harboured him one silver mark to the person who shall have discovered -him. All houses in which heretics may have preached shall be demolished -and the property confiscated, and fire shall be set to all caves and -other hiding-places where heretics are alleged to be concealed. All the -property of heretics shall be confiscated, and their children shall -inherit nothing. Their abettors, concealers, or defenders shall be -dealt with in the same manner. Any persons suspected of heresy must -make public profession of faith upon oath, under pain of suffering as -heretics; they shall be compelled to attend divine service on every -feast-day, and all who are _reconciled_ to the Church shall wear as -a distinguishing badge two crosses externally on their garments--one -on the breast, the other on the back--both of yellow cloth, three -fingers in width, the vertical limb measuring 2½ hands, the horizontal -one 2 hands.[21] If a hood is worn, this must bear a third cross--all -under pain of being deemed heretics and suffering confiscation of -property.”[22] - - * * * * * - -These enactments by their uncompromising harshness abundantly reveal -the extent to which heretics were execrated by the Church in her -intolerance and her firm determination to extirpate them. They also -reveal something of the far-reaching, pitiless, priestly subtlety and -craft which were to render so terrible this tribunal. - -The provisions for the punishment of those who should be moved by -Christian charity to succour any of the persecuted were devised to the -end that terror should stifle all such compassion; whilst the decree -that the children of convicted heretics should suffer disinheritance -and become ineligible for any honourable appointment was calculatedly -introduced to forge a further weapon out of parental love. Where a man -might readily, himself, have endured martyrdom for his convictions, -he would be made to pause before including his children in the same -sacrifice, before suffering them to go destitute and branded. - -In the eyes of the Church the end in view could not fail to justify -any means that might be employed. The extirpation of heresy was a -consummation so very fervently to be desired that any steps--almost any -sin--would be condonable if conducive to that end. - -It has been argued that this crusade against heresy was political, a -campaign waged by the Church to protect herself from the onslaught of -liberty of thought, which was threatening her overthrow. Such no doubt -had been the case in earlier centuries; but it was so no longer. Roman -Catholicism had grown and spread like a mighty tree, until her shadow -lay across the face of Europe and her roots were thrust far and wide -into the soil. These had taken too firm a hold, they were too full of -vigour, to permit that the withering of an occasional branch should -give her concern for the vitality of the growth itself. She had no such -concern. However abominable, however feral, however unchristian even, -may have been the institution of the Holy Office, it is difficult to -think that the spirit in which it was founded was other than pure and -disinterested. - -[Illustration: - - _Photo by Lacoste._ - -ST. DOMINIC. - -From the Painting in the Prado Gallery, attributed to Miguel Zittoz.] - -It may seem bitterly ironical that men should have been found who in -the name of the meek and compassionate Christ relentlessly racked and -burnt their fellow-creatures. It was--bitterly, deplorably, tragically -ironical. But they were not conscious of the irony. In what they did -they were sincere--as sincere as St. Augustine when he urged the -extermination of heretics; and none can call in question his sincerity -or the purity of his motives. - -To understand their attitude it is but necessary to consider the -absolute belief that was the Catholics’ in what Lecky calls “the -doctrine of exclusive salvation.” Starting from the premise that the -Church of Rome is the true and only Church of Christ, they held that -no salvation was possible for any man who was not a member of it. Nor -could ignorance--however absolute--of the true faith be urged as an -excuse for error, any more than may ignorance of the law be pleaded in -the worldly courts to-day. Thus, not only did they account irrevocably -damned those who schismatically deserted from the Church, and those -who like Jew and Moslem remained deliberately outside its walls, but -similarly--such was man’s indifferently flattering conception of divine -justice and divine intelligence--the savages who had never so much -as heard the name of Christ, and the very babe who died before his -heritage of Original Sin could be washed away by the baptismal waters. -Indeed, fathers of the Church had waged heated wars of controversy -concerning the precise moment at which pre-natal life sets in, and, -consequently, damnation is incurred by the soul of the fœtus should it -perish in the womb. - -When it is considered that such doctrines were held dogmatically, -it will be realized that in the sight of the Church--whose business -was the salvation of souls--there could be no sin so intolerable, so -execrable, as heresy. It will be realized how it happened that the -Church could consider those of her children who were guilty of such -crimes as murder, rape, adultery, and the sin of the Cities of the -Plain, with the tolerance of an indulgent parent, whilst rising up in -intolerant wrath to smite the heretic whose life might be a model of -pure conduct. The former were guilty of only the sins of weak humanity; -and sinners who have the faith may seek forgiveness, and find it in -contrition. But heresy was not merely the worst of sins, as some have -held. In the eyes of the Church it transcended the realm of sin--it -was infinitely worse than sin, because it represented a state that was -entirely hopeless, a state not to be redeemed or mitigated by good -actions or purity of life. - -Taking this view of heresy, the Church accounted it her duty to stamp -out this awful soul-pestilence so as to prevent its spreading; and she -had St. Augustine’s word for it that it was merciful to be merciless in -the attainment of that object. When viewed, as it were, from within, -there is nothing illogical in the attitude of the Church towards -heresy. What is illogical is the conception of God that is involved in -the doctrine of exclusive salvation. - -Even if we survey the case of Galileo--one of the most illustrious -prisoners ever arraigned before the tribunal of the Holy Office--we -have no just cause to suppose that, in demanding his retraction of -the theory of the earth’s movement round the sun, the inquisitors -were inspired by any motives beyond the fear lest the spread of a -notion--honestly deemed by them to be an illusion--should disturb man’s -faith in the Biblical teaching with which it was in conflict. - - - - -CHAPTER IV - -ISABELLA THE CATHOLIC - - -Llorente agrees with the earlier writers on the subject in considering -the Spanish Inquisition as an institution distinct from that which -had been established to deal with the Albigenses and their coevals in -heresy. It is distinct only in that it represents a further development -of the organization launched by Innocent III and perfected by Gregory -IX. - -Before entering upon the consideration of this Modern Inquisition--as -it is called--it will perhaps be well to take a survey of the Spain of -the Catholic Sovereigns--Ferdinand and Isabella--in whose reign that -tribunal was set up in Castile. - - * * * * * - -For seven hundred years, with varying fortune and in varying degree, -the Saracen had lorded it in the Peninsula. - -First had come Berber Tarik, in 711, to overthrow the Visigothic -Kingdom of Roderic, to spread the Moslem dominion as far as the -mountains in the north and east and west from sea to sea. When the -Berber tribe, the Syrians, and the Arabs had fallen to wrangling among -themselves, Abdurrahman the Omayyad crossed from Africa to found the -independent amirate, which in the tenth century became the Caliphate of -Cordova. - -Meanwhile the Christians had been consolidating their forces in the -mountain fastnesses of the north to which they had been driven, and -under Alfonso I they founded the Kingdom of Galicia. Thence, gradually -but irresistibly, presenting a bold front to the Moorish conqueror, -they forced their way down into the plains of Leon and Castile, so -that by the following century they had driven the Saracens south of -the Tagus. Following up their advantage, they continued to press them, -intent upon driving them into the sea, and they might have succeeded -but for the coming of Yusuf ben Techufin, who checked the Christian -conquest, hurled them back across the Tagus, and, master of the country -to the south of it, founded there the Empire of the Almoravides. - -After these came the Almohades--the followers of the Mahdi--and the -land rang for half a century with the clash of battle between Cross and -Crescent, Castile, Leon, Aragon, and the new-born Kingdom of Portugal -striving side by side to crush the common foe at Navas de Tolosa. - -In 1236 Leon and Castile--now united into one kingdom--in alliance with -Aragon, wrested Cordova from the Moors; in 1248 Seville was conquered, -and in 1265 Diego of Aragon drove the Saracen from Murcia, and thereby -reduced the Moslem occupation to Granada and a line of Mediterranean -seaboard about Cadiz, in which they remained until Ferdinand of Aragon -and Isabella of Castile, by virtue of their marriage, had united the -two crowns on the death (in 1474) of Henry IV, Isabella’s brother. - - * * * * * - -Ferdinand brought, with Aragon, Sicily, Sardinia, and Naples; Isabella -brought, with Castile, Leon and the rest of the Spanish territory, -saving Granada and that portion of the coast still in Moorish hands. -And thus was founded, by the welding of these several principalities -into one single state, that mighty Kingdom of Spain which Columbus was -so soon to enrich by a new world. - -But though founded by this marriage, this kingdom still required -consolidating and subjecting. Generations of misrule in Castile, -culminating in the lax reigns of John II and Henry IV, had permitted -the spread of a lawlessness so utter that its like was not to be found -in any other state at that time. Anarchy was paramount mistress of -the land, and Pulgar has left us a striking picture of the impossible -conditions that prevailed. - -“In those days,” he writes, “justice suffered, and was not to be done -upon the malefactors who plundered and tyrannized in townships and -on the highways. None paid debts who did not want to do so; none was -restrained from committing any crime, and none dreamed of obedience or -subjection to a superior. What with present and past wars, people were -so accustomed to turbulence that he who did not do violence to others -was held to be a man of no account. - -Citizens, peasants, and men of peace were not masters of their own -property, nor could they have recourse to any for redress of the -wrongs they suffered at the hands of governors of fortresses and other -thieves and robbers. Every man would gladly have engaged to give the -half of his property if at that price he might have purchased security -and peace for himself and his family. Often there was talk in towns -and villages of forming brotherhoods to remedy all these evils. -But a leader was wanting who should have at heart the justice and -tranquillity of the Kingdom.”[23] - -The nobility, as may be conceived--and, indeed, as Pulgar clearly -indicates--were not only tainted with the general lawlessness, but -were themselves the chief offenders, each man a law unto himself, a -tyrannical, extortionate ruler of his vassals, lord of life and death, -unscrupulously abusing his power, little better than a highway robber, -caring nothing for the monarchy so long as the monarchy left him -undisturbed, ready to rebel against it should it attempt to curtail his -brigandage. - -To crush these and other unruly elements in the state, to resolve into -order the chaos that had invaded every quarter of the kingdom, was the -task which at the outset the young Queen perceived awaiting her--a task -that must have daunted any mind less virile, any spirit less vigorous. - -And there were other and more pressing matters demanding her instant -attention if she were to retain her seat upon this almost bankrupt -throne of Castile which she had inherited from her brother. - -Alfonso V of Portugal was in arms, invading her frontiers to dispute, -on his niece Juana’s behalf, Isabella’s right. - -Henry IV had left no legitimate issue, but his wife Juana of Portugal -had brought forth in wedlock a daughter of whom she pretended that he -was the father, whilst the King of Portugal, to serve interests of -his own, recognized the girl as his legitimate niece. Public opinion, -however, hesitated so little to proclaim her bastardy that it had named -her La Beltraneja, after Beltran de la Cueva who notoriously had been -her mother’s lover. And what Beltran de la Cueva, himself, thought -about it, may be inferred from the circumstance that in the ensuing -struggle he was found fighting for the honour of Castile under the -banner of Queen Isabella. - -The war demanded all the attention and resources of the Catholic -Monarchs, and Isabella’s own share in these labours was conspicuous. -They resulted in the rout of the Portuguese supporters of the pretender -at Toro in 1476. By that victory Isabella was securely seated upon her -throne and became joint ruler with Ferdinand of Castile and Aragon. - -She was twenty-five years of age at the time, a fair, shapely woman -of middle height, with a clear complexion, eyes between green and -blue, and a gracious, winsome countenance remarkable for its habitual -serenity. Such, indeed, was her self-control, Pulgar tells us, that not -only did she carefully conceal her anger when it was aroused, but even -in childbirth she could “dissemble her feelings, betraying no sign or -expression of the pain to which all women are subject.” He adds that -she was very ceremonious in dress and equipage, that she was deliberate -of gesture, quick-witted, and ready of tongue, and that in the midst -of the labour of government--and very arduous labour, as shall be -seen--she found time to learn Latin, so that she could understand all -that was said in that tongue. - -“She was a zealous Catholic and very charitable, yet in her judgments -she inclined rather to rigour than to mercy. She listened to counsel, -but acted chiefly upon her own opinions. Of a rare fidelity to her -word, she never failed to fulfil that to which she had pledged herself, -save where compelled by stress of circumstance. She was reproached, -together with her husband, of being wanting in generosity, because, -seeing the royal patrimony diminished by the alienation of fiefs and -castles, she was always very careful of such concessions. - -“‘Kings,’ she was wont to say, ‘should preserve with care their -dominions, because in alienating them they lose at once the money -necessary to make themselves beloved and the power to make themselves -feared.’”[24] - -Such is the portrait that Pulgar has left us, and considering that -he is writing of a sovereign, it would be no more than reasonable to -suspect flattery and that curious, undiscriminating enthusiasm which -never fails to create panegyrists when it is a question of depicting -a prince, however inept, to his contemporaries. But if Pulgar has -erred in this instance, it has been on the side of moderation in his -portrayal of this gifted, high-spirited woman. - -Her actions speak more eloquently of her character than can the pen of -any chronicler, and it is in the deeds of princes that we must seek -their true natures, not in what may have been written of them in their -own day. The deeds of Isabella’s life--with one dark exception that is -the subject of this history--more than bear out all that Pulgar and -others have set down in praise of her. - -No sooner had she overthrown those who came from abroad to dispute her -right to the crown than she turned her attention to the subjugation of -those who disputed her authority at home. In this herculean labour she -had the assistance of Alonzo de Quintanilla, her chancellor, and Juan -Ortega, the King’s sacristan. These men proposed to organize at their -own risk one of those brotherhoods which Pulgar mentions as having been -so ardently desired by the country for its protection from those who -preyed upon it. This _hermandad_ was to act under royal sanction and -guidance, with the object of procuring peace and protection of property -in the kingdom. Isabella readily approved the proposal, and the -brotherhood was immediately founded, a tax to support it being levied -upon those in whose interest it was established, and very willingly -paid by them. - -Splendidly organized, this association, half military, half civil, so -effectively discharged the functions for which it was created, that -twenty years later--in 1498--it was possible to abolish it, and to -replace it by a much simpler and less costly system of police which -then sufficed to preserve the order that had been restored. - -Further to subject the turbulent and insubordinate nobility, Isabella -employed methods similar to those adopted in like case by her -neighbour, Louis XI of France. She bestowed the offices of state upon -men of merit without regard to birth, which hitherto had been accounted -the only qualification. The career of the law was thrown open to the -burgher classes, and every office under the crown was made accessible -to lawyers, who thus became the staunch friends of the sovereign. - -If the nobles did not dare to revolt, at least they protested in the -strongest terms against these two innovations that so materially -affected and weakened their prestige. They represented in particular -that the institution of the _hermandad_ was the manifestation of a want -of confidence in the “faithful nobility,” and they implored that four -members of their order should be appointed by the Catholic Sovereigns -to form a council of supreme direction of the affairs of State, as -under the late King Henry IV. - -To this the Catholic Sovereigns replied that the _hermandad_ was a -tutelary institution which was very welcome to the country, and which -it was their pleasure to maintain. As for the offices of State, it -was for the sovereigns to appoint such men as they considered best -qualified to hold them. The nobles, they added, were free to remain at -Court or to withdraw to their own domains, as they might see fit; but -as for the sovereigns, themselves, as long as it should please God to -preserve them in the high position in which He had deigned to place -them, it should be their care not to imitate the monarch who was cited -to them as an example, and not to become puppets in the hands of their -“faithful nobility.” - -That answer gave the nobles pause. It led them to perceive that a -change had taken place, and that the lawless days of Henry IV were at -an end. To have made them realize this was something. But there was -more to be done before they would understand that they must submit to -the altered conditions, and Isabella pursued the policy she had adopted -with an unswerving directness, as the following story from Pulgar’s -Chronicle bears witness: - -A quarrel had broken out in the Queen’s palace at Valladolid between -Don Fadrique Enriquez (son of the Admiral of Castile) and Don Ramiro -de Guzman. Knowledge of it reached the Queen, and she ordered both -disputants to hold themselves under arrest in their own quarters until -she should provide that judgment be given between them by the Courts. -Fadrique, however, signified his contempt of the royal mandate by -disobeying it and continuing at large. Learning this, Isabella gave the -more obedient Guzman his liberty, and the assurance of her word that he -should suffer no harm. - -A few days later he was riding peacefully through the street, secure -in the Queen’s safe-conduct, when he was set upon by three masked -horsemen of the household of Fadrique and severely beaten. No sooner -did the Queen hear of this further affront to her authority than she -got to horse, and rode through torrential rain from Valladolid to the -Admiral’s castle at Simancas. In fact, in such haste did she set out -that she rode alone, without waiting for an escort. This, however, -followed presently, but did not come up with her save under the very -walls of the Admiral’s fortress. - -She summoned the Admiral, and commanded him to deliver up his -rebellious son to her justice, and when Don Alonso Enriquez protested -that his son was not there, she bade her followers search the castle -from battlements to dungeons. The search, however, proved fruitless, -and Isabella returned empty-handed and indignant to Valladolid. Arrived -there, she took to her bed, and to those who came to seek news of her -health, she replied: “My body aches with the blows delivered yesterday -against my safe-conduct by Don Fadrique.” - -The Admiral, trembling before the royal wrath, resolved to deliver up -his son and cast him upon the mercy of the Queen. So the Constable of -Castile--Fadrique’s uncle--undertook the office of intercessor. He went -with Don Fadrique to Valladolid, and imploring Isabella to consider -that the young man was but in his twentieth year and that he had sinned -through the rashness of youth, begged her to do upon him the justice -she might wish or the mercy that was due. - -The Queen, however, was not to be moved to mercy for offences that set -her royal authority in contempt. She was inexorable. She refused to -see the offender, and submitted him to the indignity of being taken to -prison through the streets of the city by an alcalde. After a spell of -confinement there she banished him to Sicily, prohibiting his return to -Spain under pain of severest punishment. - -It happened, however, that Don Ramiro de Guzman did not consider his -honour sufficiently avenged by his enemy’s exile. One night, when the -Court was at Medina del Campo, he ambushed himself in his turn with -some followers of his own, and attacked the Admiral, to return him -the blows received from his son. From this indignity the Admiral was -saved by his escort. But when Isabella heard of the affair, she treated -Guzman as a rebel, seized his castles in Leon and Castile, as she -would have seized his person, but that to escape her anger he fled to -Portugal for shelter.[25] - - * * * * * - -No less determined was her conduct in the matter of the -Grand-Mastership of Santiago. - -There were in Spain three religio-military orders: the Knights of -Alcantara, the celibate Knights of Calatrava--who were the successors -of the Knights Templars--and the Knights of Santiago. This last order -had been founded for the purpose of affording protection to the -pilgrims who came into Spain to visit the shrine at Compostella of -St. James the Apostle, who is alleged to have been the first to bear -the message of Christianity into the Iberian Peninsula.[26] These -pilgrimages, chiefly from France, were a great source of revenue to -the country, and it became of importance to ensure their immunity from -the predatory hordes that infested the highways. Further, the Knights -of Santiago had found employment for their arms in the crusade waged -on Spanish soil against the Moors, in token whereof they wore the -Crusader’s cross in red upon their white cloaks. They acquired great -power and wealth, possessing castles and convents in every part of -Spain, so that the office of Grand Master of the Order was one of great -weight and importance--too great, in the opinion of Isabella, to be in -the hands of a subject. - -This opinion she boldly manifested in 1476, when the death of Don -Rodrigo Manrique left the office vacant. She took horse, as was her -custom, and rode to Huete, where the Chapter of the Order was assembled -upon the business of the necessary election, and she frankly urged that -to an office so exalted it was not fitting that any but the King should -be elected. - -The proposal was not received with satisfaction. Ferdinand was an -Aragonese, and despite the union of the two kingdoms which must be -completed when he should succeed to the throne of Aragon, he was -still looked upon as a foreigner by the Castilians. Under Isabella’s -insistence, however, a compromise was effected. The Chapter consented -to elect Ferdinand to the office of Grand-Master on condition that he -should nominate a gentleman of Castile to act as his deputy for the -discharge of the duties of the position. This was done, and Alonso -de Cardenas--a loyal servant of the Sovereigns--was chosen as the -royal deputy. Thus Isabella established it that the appointment of -Grand-Master of the Order of Santiago should be a royal prerogative. - - * * * * * - -Even more strikingly than in either of the instances cited does the -Queen’s resolute, spirited nature manifest itself in her manner of -dealing with a revolt that took place in Segovia at the commencement of -her reign. - -During the war with Portugal the Catholic Sovereigns had entrusted -their eldest daughter, the Princess Isabella, to the care of Andrés de -Cabrera, the Seneschal of the Castle of Segovia, and his wife, Beatriz -de Bobadilla. - -Cabrera, a man of stern and rigid equity, had occasion to depose his -lieutenant, Alonso Maldonado, from his office, conferring this upon his -own brother-in-law, Pedro de Bobadilla. Maldonado conspired to avenge -himself. He begged Bobadilla’s permission to remove some stones that -were in the castle, upon the pretext that he required them for his -own house, and he sent some men of his own to fetch them. These men, -who were secretly armed, having gained admission, stabbed the sentry -and seized the person of Bobadilla, whilst Maldonado, with other of -his people, took possession of the castle itself. The inmates of the -Alcazar, hearing the uproar, fled to the Homenaje Tower, taking with -them the Infanta, who was five years of age at the time. Fortified -in this, they defied Maldonado when he attacked it. Finding it -impregnable, the rebel ordered Bobadilla to be brought forward, and -threatened the besieged that unless they admitted him he would put the -prisoner to death. - -To this threat Cabrera’s dignified reply was that Maldonado must do as -he pleased, but the gates would not be opened to him. - -By this time a multitude of the townspeople had gathered there, alarmed -by the disturbance and armed for any emergency. To these Maldonado -cunningly represented that what he was about was being done in their -interests against the overbearing tyranny of the Governor, and he -invited them to join hands with him in the cause of liberty to complete -the work he had so excellently begun. The populace largely took sides -with him, so that Segovia was flung into a state of war. There was -constant fighting in the streets, and the gates were in the hands of -the rebels, with the exception of that of St. John, which was held for -Cabrera. - -It is believed that it was Maria de Bobadilla herself who, stealing -undetected from the Alcazar, escaped from Segovia and bore to the -Queen the news of what was taking place, and the consequent peril of -the royal child. - -Upon learning this, Isabella instantly repaired to Segovia. The leaders -of the rebellion had news of her approach, but dared not carry their -insubordination to the length of closing the gates against her. They -went so far, however, as to ride out to meet her and to attempt to deny -admittance to her followers; and her counsellors, seeing the humour of -the populace, urged her to be prudent and to accede to their wishes. -But her proud spirit flared up under that cautious advice. - -“Learn,” she cried, “that I am Queen of Castile, that this city is -mine, and that no conditions are to be imposed upon me before I enter -it. I shall enter, then, and with me all those whom I may judge -necessary for my service.” - -With that she ordered her escort forward, and entered the city by a -gate that was held by her partisans, and so won through to the Alcazar. - -Thither flocked the infuriated mob, and thundered at the gates, -demanding admission. - -The Queen, notwithstanding the remonstrances of the Cardinal of Spain -and the Count of Benavente, who were with her, ordered the gates to be -thrown open and as many admitted as the place would hold. The populace -surged into the courtyard, clamouring for the Seneschal. To meet them -came the slight, fair young queen, alone and fearless, and when in -their astonishment they had fallen silent-- - -“People of Segovia,” she calmly addressed them, “what do you seek?” - -Dominated by her serenity, awed by her majesty, their fury fell from -them. Humbly now they urged their grievance against Cabrera, accusing -him of oppression, and imploring of the Queen’s grace his demission. - -Instantly she promised them that their request should be granted; -whereupon the revulsion was complete, and the mob that but a few -moments earlier had been yelling threats and execrations now raised -their voices loyally to acclaim her. - -She commanded them to return to their homes and their labours, and to -leave the administration of justice in her hands, sending her their -ambassadors to prefer their complaint against Cabrera, which she would -investigate. - -As she commanded so it was done, and when she had examined the -accusations against the Seneschal and satisfied herself that they were -groundless, she announced him free from guilt and reinstated him in his -office, the conquered people bowing submissively to her ruling.[27] - -In 1477 Isabella moved into Andalusia, in which province, as elsewhere, -law and order had ceased to exist. She entered Seville with the -proclaimed intention of demanding an account of the guilty. But at the -very rumour of her approach and the business upon which she came, some -thousands of the inhabitants whose consciences were uneasy made haste -to depart the city. - -Alarmed by this depopulation, the Sevillans implored the Queen to -sheathe the sword of justice, representing that after the bloody -affrays that for years had been afflicting the district there was -scarcely a family in which some member was not answerable to the law. - -Isabella, gentle and merciful by nature--which renders her association -with the Inquisition the more deplorable--lent an ear to these -representations, and granted an amnesty for all crimes committed -since the death of Henry IV. But she was not so lenient with those -who had prostituted the justice which they administered in her name. -Informed of the judges who were making a trade and extortion of their -judgments, she punished them by deposition, and herself fixed the -scale of legal costs to be observed in future. - -Finding a mass of impending law-suits which the misrule of the past -years had put upon the province, she directed her attention to clearing -up this Augean stable. Every Friday, attended by her Council, she sat -in the great hall of the Alcazar of Seville to hear the plaints of the -most humble of her subjects; and so earnestly and vigorously did she go -to work that in two months she had disposed of litigations that might -have dragged on for years. - - * * * * * - -Upon her accession she had found the royal treasury exhausted by the -inept administration of the last two reigns and the prodigal, reckless -grants that Henry IV and Juan II had made to the nobles. This condition -of things had seriously embarrassed the Catholic Sovereigns, and they -had been driven to various expedients to raise the requisite funds -for the war with Portugal. Now that the war was at an end, they found -themselves without the means necessary to maintain the royal state. - -Isabella made a close investigation of the grants that had been made by -her brother and father, and she cancelled all those that were the fruit -of caprice and wantonness, restoring to the Crown the revenues that had -been recklessly alienated and the taxes that the country had hitherto -paid to none but the bandits who oppressed it. - -Similarly she found the public credit entirely ruined. Under the late -king such had been the laxity, that in three years no less than 150 -public mints had been authorized, and this permitted such abuses that -a point had been reached where it almost seemed that every Spaniard -minted his own money, or that, as Rosseeuw St. Hilaire puts it, -“coining was the country’s chief industry.” - -[Illustration: - - _Photo by Alinari._ - -POPE INNOCENT III. AND ST. DOMINIC. - -From a Fresco in the Church of the Sacro Speco, Subiaco.] - -She reduced the number of mints to five, and exercised the severest -control over their output, thereby liberating trade from the fear of -fraud that had been stifling it. An increased and steadily increasing -prosperity was the almost immediate result of this wise measure. - - * * * * * - -Having restored order in the country, she turned her attention to the -Court, applied herself to the purification of its morals, and set about -converting it from the disgusting licence that had prevailed in her -brother’s time. - -Herself of a rigid chastity, she exacted the same purity of conduct in -all the women who approached her, and she submitted the noble damsels -brought up at her Court to the very strictest surveillance. Loving the -King very sincerely, she was notoriously inclined to jealousy: let -him but look too assiduously upon any lady of her train, and Isabella -found a way to remove her from the Court. She saw to it that the pages -who were in waiting upon her should be given a good education, that -thus they might avoid the idleness which unfailingly leads to waste -of character and to immorality. Finally, according to Bernaldez,[28] -she extended her moral reforms to the convents, which were no less in -need of them than the Court, and she corrected and punished the great -depravity that was permeating all conventual orders.[29] - -There is no chronicler of her reign who does not dilate upon her great -piety. Bernaldez compares her to St. Helena, the mother of the Emperor -Constantine,[30] and describes her as very devoted to the Holy Faith -and very obedient to Holy Church. Bernaldez, of course, was writing -after the establishment of the Inquisition, of which he, in common with -other contemporary and subsequent chroniclers, very warmly approved; -and he may have been very largely influenced by consideration of the -support which she had unfortunately lent to its introduction into -Castile. But that her piety was extreme and sincere we infer from the -moment that we see her, after the battle of Toro, which definitely gave -her the crown, going barefoot to church to a service of thanksgiving. - -Yet, however ardent her piety, it would not carry her the length of -recognizing in the Pope the temporal over-lord of Castile. - -From the thirteenth century the power of the Church had been increasing -in Spain under the dogma of the spiritual sovereignty of Rome over all -the Catholic churches of the world. The clergy had amassed enormous -wealth with that facility so peculiarly their own when the occasion is -afforded them, and to this end they had abused the reckless, foolish -liberality of Isabella’s predecessors. - -Lucius Marinæus informs us that the incomes of the four -archbishoprics--Toledo, Santiago, Seville, and Granada--amounted to -134,000 ducats,[31] whilst those of the twenty bishoprics came to some -250,000 ducats. - -Surrounded as she was by priestly counsellors whom she respected, -she nevertheless manifested plainly her impatience of the clerical -usurpation of the rights of the Crown. The chief of these abuses -was no doubt that practised by the Pontiff himself, in conferring -upon foreigners the highest and richest benefices of the Church of -Spain, ignoring that it was the prerogative of the Crown to name the -bishops--always subject to papal confirmation. That Isabella, devout -and priest-surrounded as she was, should have dared to oppose the Holy -See and the terrible Pope Sixtus IV, as fearlessly as she had opposed -her predatory nobles, is perhaps the highest proof that history can -yield of her strength of character. - -Her smouldering indignation flared out when the Pope, ignoring her -nomination of her chaplain, Alonzo de Burgos, to the vacant bishopric -of Cuenca, appointed his own nephew, Raffaele Riario, Cardinal of San -Sisto, to that vacant see. - -Twice already had she sought the pontiff’s confirmation of nominees -of her own for other benefices--the Archbishopric of Saragoza and -the Bishopric of Tarragona--and on each occasion her nominee had -been set aside in favour of a creature of the Pope’s. But this third -contemptuous disregard of her prerogative was more than her patience -could endure. The Catholic Sovereigns refused to ratify the appointment -of Riario, and begged the Pope--submissively at first--to cancel it. - -But the harsh, overbearing Sixtus returned an answer characteristic -of his arrogant nature. It was his, he announced, to distribute at -his pleasure all the benefices of Christendom; and he condescended to -explain that the power which it had pleased God to confer upon him on -earth could not be limited by any will but his own, and that it was -governed only by the interests of the Catholic Faith, of which he was -the sole arbiter. - -But his stubbornness met a stubbornness as great. The Catholic -Sovereigns replied by withdrawing their ambassador from the Papal -Court, and issuing an injunction to all Spanish subjects to leave Rome. - -Matters were becoming strained; an open rupture impended between Spain -and the Vatican. But the Sovereigns had notified the Pope that it was -their intention to summon a general council of the Church to settle -the matter in dispute, and no Pope of those days could contemplate with -equanimity a general council assembled for the purpose of sitting in -judgment upon his decrees. Whatever the result, since at these councils -the papal authority was questioned, it must follow that thereafter -that authority would be impaired. Therefore this was the stock threat -employed to bring a recalcitrant pontiff to a reasonable frame of mind. - -It made Sixtus realize the strength of purpose that was opposed to him; -and, knowing as he did that this resoluteness backed an undeniable -right which he had violated, he perceived that he dared carry -insistence no further. So, despite his earlier assertion that the power -which he held from God could be limited by no will but his own and -governed by no consideration but that of the interests of the Faith, he -gave way completely. - -The three royal nominees were duly confirmed in the vacant sees, and -Sixtus gave an undertaking that in future he would make no appointments -to the benefices of Spain save of such ecclesiastics as the Catholic -Sovereigns should nominate.[32] - -It is to be added that in acting upon this signal victory which she -had won, Isabella used the faculty it gave her with such pious wisdom, -sincerity, and discretion that had the Pope but followed her example -in the appointment of dignitaries, it would have contributed to the -greater honour and glory of the Church. For she sternly opposed the -granting of benefices upon any grounds but those of absolute merit. - -Having won her way in this, she was the better able to curb the -predatory habits of her clergy by edicts that limited their power to -proper clerical confines. - - * * * * * - -“It is amazing,” comments Pulgar, “that a woman should have been able, -single-handed and in so little time, by her judgment and perseverance -to accomplish what many men and great kings had been unable to do in -many years.” - -“Properly to judge the notable improvements,” says Rosseeuw St. -Hilaire,[33] “which this reign effected in industry and agriculture, -it would be necessary to follow year by year the table of ordinances -issued by the Catholic Sovereigns. It would be seen that in many things -the genius of the founders of the Castilian Monarchy forestalled -the work of centuries. The happy results of these reforms were soon -experienced everywhere: the highways were purged of malefactors, new -roads of communication were opened up, rivers were bridged, consular -tribunals established in commercial centres, consulates created in -Flanders, England, France, and Italy; with maritime commerce expanding -daily and in a measure with the progress of industry, new buildings -sprang up in every city, and the population rapidly increased. All -announced a new era of regeneration in Castile. Contemporary writers, -struck by these prodigies, exalt with one voice this glorious reign -which opens new destinies to Spain.” - - * * * * * - -It is certain that in no other country in Europe at this date were -the laws so well maintained and the rights of the individual so well -protected. Justice was rigorously done, there were no longer arbitrary -imprisonments and sequestrations, whilst the unequal and capricious -taxation of the past was abolished for all time. - -“Such,” says Marinæus, “was the strict justice meted out to each -in this happy reign that all men, nobles and knights, traders and -husbandmen, rich and poor, masters and servants, were treated alike and -received equally their share of it.” - - * * * * * - -Where so much was good, where so much stout service was done to the -cause of progress and civilization, it is the more deplorable to find -in this reign the one evil thing that is now to be considered--so evil -that it must be held to counterbalance and stultify all the excellences -of Isabella’s sway. - -The particular praise which so far we have heard their contemporaries -bestowing upon the Catholic Sovereigns, is a praise which every man in -every age must echo. - -But there was praise as loud upon another score, as universally uttered -by every contemporary and many subsequent historians, some no doubt -because they were sincere in the deadly bigotry that inspired it, -others because they did not dare to express themselves in different -terms. - -“By her,” cries Bernaldez, as a climax to his summing-up of her many -virtues and wise provisions, “was burnt and destroyed the most evil and -abominable Mosaic, Talmudic, Jewish heresy.” - -And Mariana, the historian, accounts the introduction of the -Inquisition into Spain the most glorious feature of the reign of -Ferdinand and Isabella. He is setting it above all the moral splendours -of that day when he exclaims: - -“Still better and happier fortune for Spain was the establishment in -Castile at about this time of a new and holy tribunal of severe and -grave judges for the purpose of inquiring into and punishing heretical -pravity and apostasy....”[34] - -It would be unjust to suppose that there is a man to be found to-day in -the Church of Rome, of which the Spanish Inquisition was a deplorable -and integral part, who can turn with us in other than regret to -consider this black shadow that lies across one of the brightest pages -of history. - - - - -CHAPTER V - -THE JEWS IN SPAIN - - -You have seen the Catholic Sovereigns instilling order into that -distracted land of Spain, enforcing submissiveness to the law, -instituting a system of police for the repression of brigandage, -curtailing the depredations of the nobles, checking the abuses and -usurpations of the clergy, restoring public credit, and generally -quelling all the elements of unrest that had afflicted the State. - -But one gravely disturbing element still remained in the bitter rancour -prevailing between Christian and Jew. - -“Some clerics and many laymen,” says Pulgar,[35] “informed the -Sovereigns that there were in the Kingdom many Christians of Jewish -extraction who were Judaizing[36] again and holding Jewish rites in -their houses, and who neither believed the Catholic Faith nor performed -the Catholic duties. They implored the Sovereigns, as they were -Christian princes, to punish that detestable error, because if left -unpunished it might so spread that our Holy Catholic Faith must receive -great harm.” - - * * * * * - -Exactly to realize the position at the time, and the force behind the -arguments employed to induce the Catholic Sovereigns to complete -the ordering of the kingdom by the repression of the re-Judaizing, -or apostasy, of the New-Christians--as the baptized Jews and their -descendants were termed--it is necessary to take at least a brief -retrospective survey of the history of the Israelites in Spain. - - * * * * * - -At what period the Jews first appeared in the peninsula it is not easy -to determine with accuracy. - -Salazar de Mendoza and other ancient historians, who base their -writings upon the work of Tomás Tamayo de Vargas, put forward views -upon this subject that are curious rather than important. - -They assert that the Kingdom of Spain was founded by Tubal, the son of -Japhet, who had Europe for his portion when the division was made among -the sons of Noah. Hence it was called Tubalia, and later on Sepharad by -the Jews, and Hesperida by the Greeks. They hold that the first Jews in -the Iberian Peninsula were probably those who came with Nebuchadnezzar -II, King of Chaldea, and that he brought with him, in addition to -Chaldeans and Persians, ten tribes of Israel, who peopled Toledo,[37] -and built there the most beautiful synagogue that had been theirs since -the temple of Solomon. This synagogue, Mendoza states, afterwards -became the Convent of Santa Maria la Blanca (a statement which the -architecture of Santa Maria la Blanca very flatly contradicts). He -further informs us that they built another synagogue at Zamora, and -that those who worshipped there always prided themselves--his point of -view, of course, is narrowly Christian--that to them had been addressed -St. Paul’s Epistle to the Hebrews. - -They founded a university at Lucena (near Cordova), and schools where -the law was taught, so that the holy Jewish religion spread rapidly, -and was observed throughout Spain until the coming of Our Lord into -the world. Then, in 37 A.D., the Apostle St. James came to preach the -new gospel in Iberia, “so that Spain was the first land after Judea to -receive the holy law of grace.” Following the writings of Vargas, he -goes so far as to say: “and although to many it has seemed apocryphal -that the Toledo Jews wrote to denounce the Passion of Our Lord, the -assertion is not without good foundation.”[38] - -Amador de los Rios is probably correct in his opinion that the Jews -made their first appearance in Spain during the Visigothic dominion, -after the fall of Jerusalem; and scarcely had they settled in the -peninsula when they began to experience the bitterness of persecution. -But after they had been delivered from this by the Saracen invaders, -to whom by race and creed they were fairly sympathetic, they -enjoyed--alike under Moslem and Christian rule--a season of prosperity -in Spain, which endured until the close of the thirteenth century. And -this notwithstanding the undercurrent of mutual contempt and hatred, of -Christian for Jew and Jew for Christian, that was invincible in an age -of strong religious feeling. - -To the Christian every Jew he encountered was his natural and -hereditary enemy, a descendant of those who had crucified the Saviour; -therefore he was an object of execration, a man upon whom it must -be meritorious to avenge the world’s greatest crime which had been -perpetrated by his forbears. - -The Jew, on the other hand, held the Christian in a contempt as -thorough. From the standpoint of his own pure and unadulterated -monotheism, he looked scornfully upon a religion that must appear to -him no better than an adaptation of polytheism, developed upon the -doctrines of one whom the Jews had rejected as an impostor who had -attempted to usurp the place of the promised Messiah. To the truly -devout Jew of those days the Christian religion can have been little -better than a blasphemy. Nor was that the only source of his contempt. -Looking back upon his own splendid ancestry, upon the antiquity of -his race and the high order of its culture--the fruit of centuries of -intellectual evolution--what but scorn could he entertain for these -Spaniards of yesterday’s hatching, who were just emerging from the -slough of barbarism? - -It is clear that mutual esteem between the races was out of all -question in an age of strong religious prejudices. Toleration, however, -was possible, and the Jew applied himself to win it. To this end he -employed at once the vices and the virtues of the unfortunate, which -centuries of tribulation had rendered inherent in him. - -Armed with a stoicism that was almost pitiful, he donned a mask of -indifference to confront expressed hatred and contempt; to violence he -opposed cunning and the long-suffering patience that is so peculiarly -his own--the patience that is allied with a high order of intelligence; -the patience which, interpreted into “an infinite capacity for taking -pains,” has been urged as the definition of genius, and is the secret -of the Jew’s success wherever he is established. - -In the cohesion in a foreign land of this people that cannot keep -together as a nation, and in their extraordinary commercial acuteness, -lies the strength of the Jews. They grew wealthy by their industry -and thrift, until they were in a position to purchase those privileges -which in Christendom are the birth-right of every Christian. Their -numbers, too, made it difficult in Spain to treat them with contumely; -for upon the reasoned estimate of Amador de los Rios[39] there were -close upon a million Jews in Castile at the end of the thirteenth -century. - -They formed by their solidarity--as they always do--an _imperium in -imperio_, a state of their own within the state; they had their own -language and customs; they were governed by their own laws, which -were enforced by their Rabbis and chiefs, and they pursued their own -religion unmolested, for even the observation of the Sabbath was -respected by the Castilians. Thus they came to create for themselves in -a foreign country a simulacrum of their own native land. - -It is true that they were afflicted from time to time by sporadic, -local persecutions; but in the main they enjoyed a tolerance and -religious liberty which the poor harried Albigenses beyond the Pyrenees -might well have envied. For the Church, which had already established -the Inquisition, was very far--for reasons that shall be considered -in the next chapter--from instigating any persecution of the Children -of Israel. Thus, Honorius III, whilst carrying forward the policy of -Innocent III, and enjoining the extirpation of heretics in Southern -France and elsewhere, confirmed (November 7, 1217) the privileges -accorded to the Jews by his predecessors upon the throne of St. Peter. -These were that no Jew should be constrained to receive baptism; that -should he incline to embrace the Christian Faith he must be received in -it with love and benevolence; that his feasts and religious ceremonies -must be respected by Christians; that the whipping or stoning of Jews -be forbidden and punished; that their burial-places be held sacred. - -And when King Ferdinand III--afterwards canonized--wrested Seville from -the Moors (1224), he made over one of the best districts of the city -to the Jews, and gave them the four mosques contained in it that they -might convert them into synagogues. - -The only restraint placed upon them by the law was that they must -refrain, under pain of death, from attempting to proselytize among -Christians, and that they must show respect for the Christian religion. - -These were the halcyon days of Hebrew prosperity in Spain. Their -distinguished abilities were recognized, and they won to many positions -of importance in the government. The finances of the kingdom were in -their control, and Castile prospered under their able administration of -its commerce. Alfonso VIII, in whose reign it is estimated there were -12,000 Jews in Toledo alone, employed a Jew as his treasurer, and did -not disdain to take a Jewess for his mistress--an interesting little -fact in view of the law that was so soon to be promulgated on that -subject. - -Hardly less than their value to the nation’s commerce were their -services to science, art, and literature. They excelled particularly in -medicine and chemistry, and the most skilful doctors and surgeons of -the Middle Ages were men of their race. - - * * * * * - -In the middle of the thirteenth century a change unfortunately set in, -and this external harmony so laboriously established was disturbed by -an excrescence of the real feelings that had never ceased to underlie -it. Largely the Jews were themselves to blame. Deluded by the religious -liberty that was conceded them, by the dignities to which men of their -faith had climbed, and by the prosperity which they had attained, they -failed to perceive that their accumulated wealth was in itself a menace -to their safety. - -Emboldened by the consideration shown them, they committed the -imprudence of giving a free rein to their Oriental taste for splendour; -they surrounded themselves with luxury, and permitted themselves an -ostentatious magnificence in their raiment and equipages, and thus -proclaimed the wealth they had been amassing through generations of -comparative obscurity. - -Had they confined themselves to this strictly personal display all -might yet have been well. But being dressed and housed in princely -fashion, they put on princely ways. They grew haughty and arrogant with -the horrible arrogance of wealth. They allowed their disdain of the -less affluent Christians to transpire in their contemptuous bearing -towards them, and being unchecked in this it was but another step to -abuse the privileges which they enjoyed. - -Their parade of wealth had provoked envy--the most dangerous and -maleficent of the passions implanted in the human heart. Their -arrogance and cavalier bearing stirred that envy into activity. - -Questions arose touching the sources of their wealth. It was propounded -against them that their usurious practices had ruined many of the -Christians whom they now dared to spurn. And although usury had been -sanctioned and it had been proclaimed lawful for them to charge a -rate of interest as high as 40 per centum, it was suddenly remembered -that usury had in all times been uncompromisingly condemned by the -Church--and by the term usury the Church then understood any interest, -however slight, paid upon borrowed money. - -Fanaticism began to stir uneasily in its slumber, and presently, under -the spur of greed, it roused itself and reared its horrid head. Public -feeling against the Israelites was increased by the fact that they had -practically acquired control of the ever-unpopular offices for the -collection of taxes. - -The populace grew menacing. Evil tales concerning them were put about, -and they were accused, among other ritual abominations, of practising -human sacrifices. - -Whether there was any real ground for the accusation is one of those -historical mysteries that baffle the student. On the one hand it seems -impossible to collect sufficient data to establish any single one -of the many specific accusations made; whilst on the other hand, in -view of the persistence with which the charge crops up in different -countries and at different epochs,[40] it would be presumptuous to -dismiss it as groundless. - -The first official recognition of the accusation is to be found in the -code known as the _Partidas_, promulgated by Alfonso XI (1256-1263), -which contains the following clause: - -“As we hear that in some places the Jews on Good Friday make a mocking -commemoration of the Passion of Our Lord Jesus Christ, stealing boys -and crucifying them, or making waxen images and crucifying these when -boys are not procurable, we order that should it become known that -hereafter, in any part of our realm, such a thing is done, all those -whom it is ascertained are connected with the deed shall be arrested -and brought before the King. And when he shall have satisfied himself -of the truth of the charge he shall have them put to death, as many as -they may be.”[41] - - * * * * * - -Llorente mentions four specific cases of ritual murder, to which he -appears to attach credit: - -1250.--A choir-boy of the Metropolitan Church of Zaragoza, named -Domingo de Val, crucified by Jews. He was afterwards canonized and -worshipped at Zaragoza as a martyr. - -1452.--A boy crucified by Jews at Valladolid. - -1454.--A boy from the lordship of the Marquess of Almarza, near Zamora, -crucified. His heart was afterwards burnt and the ashes were consumed -in wine by the Jews who attended the ceremony. The body was afterwards -discovered by a dog, and this led to the arrest of the culprits and -their conviction. - -1468.--At Sepulveda, in the Bishopric of Segovia, a boy was taken on -the Thursday of Holy Week, and on Good Friday he was crowned with -thorns, whipped, and finally crucified. The Bishop, D. Juan Arias, -having received intelligence of this crime, instituted an inquiry which -resulted in the arrest of several men, who, being convicted, were put -to death. - - * * * * * - -Llorente gives as his authority for the third and fourth cases -the “Fortalicium Fidei” of Espina--by no means an authority to be -unquestioningly accepted. For the second he mentions no authority -whatever; whilst for fuller information upon the first he refers his -readers to the “Historia de Santo Domingo de Val,” which is of no more -authority than most works of this class.[42] But the canonization -of this victim gives rise to thought; for it was never the way of -the Church of Rome to proceed recklessly and without due evidence in -such matters. Even if it were, however, it would be necessary in this -case to show a motive for such recklessness. The only motive possible -would be the desire to create justification for a persecution of the -Jews. But, as has been said--and as shall presently be made abundantly -clear--it never was the aim of the Church of Rome to engage in such -persecution or to incite to it. - -The famous case of the crucifixion of the “Holy Infant” of La Gardia, -whose trial was directed by Torquemada himself, shall be considered in -its proper place. - -As is well known, the practice of human sacrifice is an extremely old -one; and it has been associated in varying forms with many widely -different cults. The earliest absolutely historical instance of Jews -resorting to it is probably that quoted by Dr. J. G. Frazer (in “The -Golden Bough”) from the “Historia Ecclesiastica” of Socrates. The -scholiast relates how in 416, at Imnestar in Syria, a company of Jews -during one of their festivals fell to deriding Christians and their -Christ. At the height of their frenzy they seized a boy, bound him to -a cross, and hung him up. A brawl was the result, and the authorities -intervened to make the Jews pay dearly for their crime. - -Amador de los Rios, in dealing with the spread of this charge against -the Spanish Hebrews in the thirteenth century, attributes it to the -subject’s having been made the theme of an exceedingly dramatic -narrative poem in the “Milagros de Nuestra Señora” by Gonzalo de -Berceo. At the same time he does not go so far as to urge that the -story upon which the ballad was founded may not have had its roots in -fact. On the contrary, he suggests that such may have been the case, -and having chronicled the persistence of the accusation, he refrains -from expressing any definite opinion on the subject, hesitating either -to accept, or to dismiss as idle calumnies, these charges of ritual -murder. - -From the able arguments that have been put forward on this same -subject by Frazer and Wendland, it is to be concluded that in any -case the Christians were mistaken in assuming that these alleged -crucifixions held at the Feast of Purim--whether of human beings -or of effigies--were intended as a mockery of the Passion of the -Redeemer. Their origin is a far more ancient one, involving a rite of -which the Sacrifice of Golgotha may itself have been an individual -celebration--the commemoration of the hanging of Haman--which, again, -was the continuation of a ritual practised by the Babylonians and -acquired from them by the Jews during their captivity.[43] - -[Illustration: - - _Photo by Lacoste._ - -ISABELLA THE CATHOLIC. - -From a Painting in the Prado Gallery, attributed to Miguel Zittoz.] - -Whatever may be the truth of this matter of ritual murder, there -is no doubt that these rumours were diligently spread to inflame the -popular mind against the Jews. - -Fanatical monks--ignoring the papal injunctions of forbearance and -toleration towards the Children of Israel--went forth through Castile -preaching the iniquity of the Jews and God’s wrath to fall upon the -land that harboured them. Thus incited, and perceiving profit in the -business, the faithful rose to destroy them. Massacres and pillages -were the inevitable result, although as a rule the authorities were -prompt to intervene and repress the populace’s combined fanaticism and -quest for plunder. - -But when in 1342 the Black Death spread over Europe, the Dominicans and -others renewed their denunciations, and led men to believe the Jews -responsible for the pestilence that afflicted the land. In Germany -they were ruthlessly given to choose between death and baptism, and -they suffered horribly until Pope Clement VI stepped in to save -them. He besought the Emperor to restrain his murderers; and finding -that his pleadings lacked effect, he launched the thunderbolts of -excommunication against all who should continue to engage in the -persecution of the Jews. - -Stricken with terror before that awful menace of the Church, the -faithful paused in the carnage, and the voice of denunciation fell -silent. - - * * * * * - -Thus, for a season, they won a little measure of peace. But throughout -the fourteenth century spurts of persecution broke out here and -there, and massacres took place in Castile, Aragon, and Navarre. The -authorities, too, with the precedent of the Partidas before them, -whilst not going the length of sanctioning, or even permitting violence -where they could repress it, yet practised upon the Jews the most -flagrant and cruel injustices. Of these the worst instance is that of -the tax of 20,000 gold dobles levied upon the aljamas of Toledo by -Henry II on his accession in 1369. To realize this sum he ordered the -public sale not only of the property of the Jews, but actually of their -persons into slavery, as is to be seen by his decree.[44] - -The persecutions with which they were visited were chiefly procured by -the monks, who went abroad preaching against them, fomenting the hatred -of the Christians against a people who were largely their creditors. -Even where the religious incentive was insufficient, the easy way of -wiping out debts which this gratification of their piety afforded -proved irresistible to a people whose flagrant immorality--in every -sense of the term--went hand in hand with their perfervid devoutness. - -These persecutions, as we have said, the authorities made haste to -quell. But there arose presently a rabid fanatic who proved altogether -irrepressible. His name was Hernando Martinez. He was a Dominican -friar, and Canon of Ecija. Of his sincerity there can be no doubt; -and their sincerity is the most terrible thing about such men, -blinding them to the point of utter madness. He was ready to suffer -any martyrdom sooner than be silent in a cause in which he considered -it his sacred duty to give tongue. About this sacred duty he went -forth, screaming his denunciations of the Jews, frenziedly inciting -the mob to rise up and destroy this accursed race, these enemies of -God, these crucifiers of the Saviour. Indeed, he could not have shown -a more fierce and frothing hatred of them had they been the very men -who at the throne of Pilate had clamoured for the blood of Christ--and -for whose pardon the gentle Redeemer had prayed in His expiring -moments: a matter this which escaped the attention of the Archdeacon -of Ecija, being--like many another--too full of piety to find room for -Christianity in his soul. - -Appeals against him were made to the Archbishop of Seville, whose -official, or representative, he was. He was ordered by his Archbishop -to desist, and when in flagrant disobedience to his superior he -continued to preach his gospel of blood and hatred, appeals were -made to the King, and even to the Pope; and by King and Pope was he -commanded to cease his inflammatory sermons. - -But he defied them all alike. In his fanatical fury he carried his -contumacy so far as to call in question the papal authority, and to -declare illicit the sanction given by the popes for the erection and -preservation of synagogues. This was perilously akin to heresy. Men -had been sent to the stake for less, and Hernando Martinez must have -been utterly mad if he conceived that the Church would permit him to -continue the diffusion of such doctrines. - -He was brought before the episcopal court to answer for his words. He -answered defiantly--told them that the breath of God was in him, and -that it was not for men to stop his mouth. - -Thereupon Don Pedro Barroso--the archbishop--ordered that he should -stand his trial for contumacy and heresy, and meanwhile suspended him -from all jurisdiction and all duties as archiepiscopal official. - -It happened, however, that Barroso died shortly thereafter, before the -trial could take place; and Martinez contrived to get himself elected -by the Chapter to the position of one of the provisors of the diocese -pending the appointment of a successor to Barroso. Thus he resumed his -power and the faculty to preach; and he used it so ruthlessly that in -December of 1390 several synagogues in Seville were laid in ruins by -the mob acting in obedience to his incitement. - -The Jews appealed to the King for protection, and the authorities, now -thoroughly roused, ordered that Martinez be deposed from his office and -forbidden to preach, and that the demolished synagogues be rebuilt by -the Chapter which had made itself responsible by electing him. - -But Martinez, ever defiant, disregarded both King and Chapter. He -pursued his bloodthirsty mission, stirring up a populace that was but -too ready to perceive--through his arguments--a way to perform an act -that must be pleasing to God whilst enriching itself at the same time. -What populace could have been proof against such reasoning? - -Finally, in the summer of 1391, the whole country was ablaze with -fanatical persecution. The fierce flames broke out first in Seville, -under the assiduous fanning of the deposed archdeacon. - -Three years before, in view of the harm that it was urged the Jews -were doing to religion by their free intermingling with Christians, -King John I had ordered them to live apart in districts appointed for -them, which came to be known as Juderias (Jewries or ghettos). It -was commanded that the Christians should not enter these, and that -for purposes of trade the Jews should come to the public markets and -there erect tents, but they must own no house or domicile beyond the -precincts of the Juderias, and they must withdraw to these at nightfall. - -Into the Juderia of Seville the mob now penetrated, wrought by Martinez -to a pitch of frenzy almost equal to his own. They went armed, and -they put the place to sack and slaughter, butchering its every tenant -without discrimination or pity for age or sex. The number of the slain -has been estimated at some four thousand, men, women, and children.[45] - -From Seville the conflagration spread to the other cities of Spain, -and what had happened there happened in Burgos, Valencia, Toledo, and -Cordova, and further in Aragon, Cataluna, and Navarre, whilst the -streets of Barcelona are said to have run with the blood of immolated -Jews. - -Into the Jewry of every town went the infuriated mob to force -Christ--as these Christians understood Him--upon the inhabitants; -to offer the terror-stricken Jews the choice between steel and -water--death and baptism. - -So mighty and violent was the outbreak that the authorities were -powerless to quell it, and where they attempted to do so with any -degree of determination they were themselves caught in the fury of -the populace. Nor did the slaughter cease until the Christians were -glutted, and some fifty thousand Jews had perished. - -The churches were now filled with Jews who came clamouring for baptism, -having perceived that through its waters lay the way to temporal as -well as to spiritual life, and having in most cases--in the abject -state of terror to which they had been reduced--more concern for the -former than for the latter. Llorente estimates the number of baptized -at over a million, and this number was considerably swelled by the -conversions effected by St. Vincent Ferrer, who came forth upon his -mission to the Jews in the early years of the fifteenth century, -and who induced thousands to enter the fold of Christianity by his -eloquence and by the marvels which it is said he wrought. - - * * * * * - -The fury of the mob having spent itself, peace was gradually restored, -and little by little those Jews who had remained faithful to their -religion and yet survived began to come forth from their hiding-places, -to assemble, and, with the amazing, invincible patience and pertinacity -of their race, to build up once more the edifice that had been -demolished. - -But if the sword of persecution was sheathed, the spirit that had -guided it was still abroad, and the Jews were made to experience -further repressive measures. Under decrees of 1412-13 they lost most of -the few privileges that the late king had left them. - -It was ordained by these that henceforth no Jew should occupy the -position of a judge even in a Hebrew court, nor should any Jew be -permitted to bear witness. All synagogues were to be closed or -converted into Christian temples, with the exception of one in every -town in which Jews should be established. They were forbidden to -continue the practice of the professions of medicine, surgery, and -chemistry, in which they had specialised with such good results to the -community. They were no longer to occupy the offices of tax-collectors, -and all commerce with Christians was forbidden them. They must neither -buy nor sell in trade with Christians, nor eat with them, nor use -their baths, nor send their children to the same schools. The ghetto -was ordered to be walled round, so as to be enclosed and cut off -from the rest of the city, and they were forbidden to issue from it. -Intercourse between a Jew and a Christian woman was forbidden under -pain of death by burning, even though the woman were a prostitute. -They were forbidden to shave, and compelled to allow their beards and -hair to grow, in addition to which they were ordered to wear as a -distinguishing mark a circle of red cloth upon the shoulder of their -gabardines. They were further compelled to hear three sermons annually -from a Christian preacher, whose aim it was to pour abuse and contumely -upon them, to inveigh against their accursed race and creed, to assure -them of the certainty of the damnation that awaited them, and to exalt -before them the excellences of the Catholic religion (based, be it -remembered, that we may fully savour the irony, upon Faith, Hope, and -Charity).[46] - -When King John I had established the Juderias in 1388, curtailing at -the same time the privileges which until then the Jews had enjoyed--at -least by paying for them--there had been many who, finding the -restraint imposed upon them altogether intolerable, had abandoned the -faith of their fathers and embraced Christianity. Those who held -the affairs of this world in esteem had sought baptism, and whilst -many in doing so had entirely broken with the past--and often, as is -the way of converts, become zealots in their observance of the faith -embraced--many others, whilst outwardly complying with the obligations -of the Christian religion, continued in secret to observe the law of -Moses and their Jewish rites. Similarly these further decrees against -their liberty had the effect of causing still more numerous conversions -to Christianity. - -These converts were termed “New-Christians” by the Spaniards. By -those of their own race who had remained faithful they were called -“marranos”--a contemptuous epithet derived from _Maran-atha_, (“The -Lord is coming”), but supposed by the Christians to signify “accursed.” -It came into general use before very long. - -These New-Christians, as a consequence of their conversion, gained -not merely the privileges recently lost to them as Jews, but found -themselves upon a footing of absolute equality with the Old-Christians; -every profession was open to them, and by applying themselves to these -with all their energy and intelligence, they found themselves before -very long in possession of some of the highest offices in the land. - -But in the meanwhile the rigour of the decrees of 1412 came to be -considerably relaxed; a degree of liberty and of intermingling with -Christians was permitted to the Jews, and many of the offices which -they had occupied of old came once more under their control, chiefly -those concerned with commerce and finance and the farming of the -taxes. Under the deplorable rule of Henry IV the nobles, whose slave -he was, demanded that he should “expel from his service and States the -Jews who, exploiting public misery, have contrived to return to the -appointments of tax-gatherers.” - -The weak King agreed, but neglected to execute his promise; it was -presently forgotten, and the Jewish section of the community was -allowed to continue under the conditions of ease we have described. -Under these conditions was it found by Ferdinand and Isabella upon -their accession, nor does it appear that they paid any particular -attention to it until invited to do so by the “clerics and laymen” who, -as Pulgar[47] tells us, represented to them that in the re-Judaizings -that were taking place was matter for their jurisdiction. - - - - -CHAPTER VI - -THE NEW-CHRISTIANS - - -It must clearly be understood that so far the Inquisition, which for -some three centuries already had been very active in Italy and Southern -France, had not reached Castile. - -Even as recently as 1474, when Pope Sixtus IV had ordered the -Dominicans to set up the Inquisition in Spain, and whilst in -obedience to that command inquisitors were appointed in Aragon, -Valencia, Cataluña, and Navarre, it was not held necessary to make -any appointment in Castile, where no heresy of any account could -be perceived. Trials of such offences against the Faith as might -occur were conducted by the bishops, who were fully empowered to -deal with them; and such offences being rare, the necessity for a -special tribunal did not suggest itself, nor did the Pope press the -matter, desirous though he might be to see the Inquisition universally -established. - -There was, of course, a large Hebrew population, and also a -considerable number of Moslems, in the peninsula. But these did -not come within the jurisdiction of any ecclesiastical court. The -Inquisition itself could take no cognizance of them, as they did not -offend against the Faith. - -Explanation is perhaps necessary. We touch here upon a point on which -the religious persecution known as the Inquisition compares favourably -with any other religious persecution in history, and in common justice -this point should not--as but too frequently has been the case--be -obscured. There is too little to be urged in favour of this tribunal so -terribly inequitable in its practices that we can afford to slur over -the one feature of its constitution that is invested with a degree of -equity. - -Whatever may have been the case in the course of civil and popular -persecutions, whatever may have been done by a frenzied populace -at the instigation of odd fanatical preachers acting without the -authority of their superiors in giving rein to the fierce bigotry they -had nurtured in their souls, the Church herself, it must be clearly -understood, neither urged nor sanctioned the persecution of those -born into any religion that was not in itself a heresy of the Roman -Faith. The tribunal of the Inquisition was established solely--and -moved solely--to deal with those who apostatized or seceded from -the ranks of the Roman Church, precisely as an army deals with -deserting soldiers. Fanatical, horribly narrow, cruelly bigoted as -was the spirit of the Inquisition, yet the inquisitors confined their -prosecutions to apostates, to the adulterers of a faith whose purity -and incorruptibility they had made it their mission to maintain. - -If the Church repressed liberty of conscience, if she stifled -rationalism and crushed independence of thought, she did so only where -her own children were concerned--those who had been born into the -Catholic Faith or who had embraced it in conversion. With those born -into any other independent religion she had no concern. To Jew, Moslem, -Buddhist, and Pagan, and to the savages of the New World, when it came -presently to be discovered, she accorded the fullest religious freedom. - -To appreciate this, it is but necessary to consider such enactments -as those of Honorius III for the protection of the Jews, of Clement -VI, who threatened their persecutors with excommunication, and the -action of Pope and Archbishop in the case of the inflammatory sermons -of Hernando Martinez. It is sufficient to consider that when the Jews -were driven out of Spain--as shall presently be seen--they actually -found a refuge in Rome itself, and were received with kindliness by -Pope Alexander VI (Roderigo Borgia), which in itself is one of the -oddest ironies that ecclesiastical history can offer. - -And if this is not sufficient, let us for a moment consider the -immunity and comparative peace enjoyed by the Jews who dwelt in Rome -itself, in their district of Trastevere. - -They were a recognized section of the community in the Papal City. On -his coronation procession each Pope would pause near the Campo de’Fiori -to receive the company of Jews that came, headed by the Rabbi, to pay -homage to their sovereign--precisely as their ancestors had come to pay -homage to the emperor. - -To the Vicar of Christ the Rabbi would now proffer the rolls of the -Pentateuch, swathed in a cloth. The Pope would take them into his -hands, to show that he respected the law contained in them, and would -then put them behind him, to signify that this law now belonged to the -past. From behind the Pontiff the Rabbi would receive back his sacred -scriptures, and depart with his escort, usually accompanied by the -jeers, insults, and vituperations of the Roman populace.[48] - -It will be understood, then, that the Inquisition’s establishment -in Spain was not urged for the purpose of persecuting the Jews. -It had no concern with Jews, if we confine the term purely to its -religious meaning, signifying the observers of the law of Moses. Its -concern was entirely with the apostasy of those who, although of the -Jewish race, had become Christians by conversion. By the subsequent -secret re-Judaizings, or return of these New-Christians to the -religion of their fathers (which they had abandoned out of material -considerations), they came within the jurisdiction of the Inquisition, -and rendered themselves liable to prosecution as heretics, a -prosecution which could never have overtaken them had they but -continued in their original faith. - -There is no denying that many of those who had been baptized against -their will, as the only means of saving their lives when the fury -of the Christian mob was unleashed against them, had remained Jews -at heart, had continued in secret to practise the Jewish rites, and -were exerting themselves to bring back to the fold of Israel their -apostate brethren. Others, however, upon receiving baptism may have -determined to keep the law to which they now pledged themselves and -to persevere honestly in Christianity. Yet many of the old Jewish -observances were become habitual with them: the trained--almost the -hereditary--repugnance to certain meats, the observance of certain -feast days, and several minor domestic laws that are part of the Jewish -code, were too deeply implanted in them to be plucked up by the roots -at the first attempt. Time was required in which they could settle -into Christian habits; two or three generations might be necessary -in some families before these habits came to be perfectly acquired -and the old ones to be entirely obliterated. Had those who urged the -Sovereigns to introduce the Inquisition into Castile, or had the -Sovereigns themselves but perceived this and exercised the necessary -and reasonable patience in the matter, Spain might have been spared -the horrors that took root in her soil and sapped the vigour and -intellectual energy of her children, so that in her case decadence -pressed swift and close upon the very heels of supreme achievement. - -Execrable as is the memory of the Inquisition to all the world, to none -should be it so execrable as to Spain, since the evil that it wrought -recoiled entirely upon herself. - - * * * * * - -It was on the occasion of Isabella’s first visit to Seville--that -punitive visit already mentioned--that the establishment of the Holy -Office in Spain was first proposed to her. The King was at the time -in Estremadura upon the business of fortifying his frontiers against -Portugal. - -The proposal came from Alonso de Ojeda, the Prior of the Dominicans of -Seville, a man who enjoyed great credit and was reputed saintly (“vir -pius ac sanctus,” Paramo calls him). - -Seeing her zeal to put down lawlessness and to purify and restore -order to the country, Ojeda urged upon her notice the spread of the -detestable Judaizing movement that was toward. He laid stress upon -the hypocrisy that had underlain so many of the conversions of the -Jews. He pointed out--with some degree of justice--that these men had -made a mock of the Holy Church, had defiled her sacraments, and had -perpetrated the most abominable sacrilege by their pretended acceptance -of the Christian faith. He urged that not only must this be punished, -but that the havoc which these Judaizers were working among the more -faithful New-Christians, and the proselytizing which they went so far -as to attempt among Old-Christians, must be checked. - -To carry out this urgently-required purification, he implored the Queen -to establish the Inquisition.[49] - -There was a speciousness, and even a justice, in his arguments which -must have impressed that pious lady. But her piety, intense as it -was, did not carry her to the lengths required of her by her priestly -counsellor. The balance of her splendid mind was singularly true. -She perceived that here was matter that called for a remedy; but she -perceived also the fanaticism inspiring the friar who stood before her, -and realized how his fanaticism must exaggerate the evil. - -She was aware also of the extreme malevolence of which the -New-Christians were the object. By their conversion they might have -deflected the religious hostility of the Castilians; but the more -deeply-rooted racial antagonism remained. It not only remained, but it -was quickened by the envy which these New-Christians were exciting. -The energy and intelligence inherent in men of their race were serving -them now, as they had served them before, to their undoing. There were -no offices of eminence in which New-Christians were not to be found; -there were none in which they did not outnumber the Old-Christians--the -pure-blooded Castilians. - -This the Queen knew, for she was herself surrounded by converts and -the descendants of converts. Several of her counsellors, her three -secretaries--one of whom was that chronicler, Pulgar, whose record -of the situation has been quoted--and her very treasurer were all -New-Christians.[50] - -These men Isabella knew intimately, and esteemed. Judging the -New-Christians generally by those in her immediate service, she was -naturally led to discount Ojeda’s imputations against them. She -perceived the source of these imputations, and she must have taken -into consideration the ineradicable bitterness of the popular feeling -against Jews and the intensity of a prejudice which extended--as we -have said--to the New-Christians to such an extent that they continued -to be known as “Judios,” notwithstanding their conversion, so that -often in contemporary chronicles it is difficult to determine to which -class the writer is referring. - -We have said that, in spite of conversions, the racial hostility -remained. The Christian attitude towards the Hebrew had not changed -in the hundred years that were sped since, under the incitings of the -Archdeacon of Ecija, the mob had risen up and massacred them. They were -the descendants of the crucifiers always. - -A vestige of this feeling lingers to this day in the peninsula. -In the vocabulary of the Portuguese lower orders, and even of the -indifferently educated, there is no such word as “cruel.” “Jew” is the -term that has entirely usurped its functions, and as an injunction -against cruelty to man or beast, “Don’t be a Jew!” (_Não seja judeu!_) -is still the only phrase. - -No conception of what was the popular feeling at the time can be -conveyed more adequately than by a translation of the passage from -Bernaldez concerning the manners and customs of the Jews. Bernaldez was -a priest, and therefore, to some extent, an educated man--as in the -main his history bears witness--yet a piece of writing so ludicrously -stupid and detestably malicious as this passage can only have emanated -from a mind in which bigotry had destroyed all sense of proportion. - -The only historical value of the passage lies in the deplorable fact -that undoubtedly it may be accepted as a faithful mirror of the -prejudice that existed in Isabella’s day. - -It runs: - -“Just as heretics and Jews have always fled from Christian doctrines, -so they have always fled from Christian customs. They are great -drinkers and gluttons, who never lose the Jewish habit of eating -garbage of onions and garlic fried in oil, and of meat stewed in oil, -which they use instead of lard; and oil with meat is a thing that -smells very badly, so that their houses and doorways stink vilely of -that garbage; and they have the peculiar smell of Jews in consequence -of their food and of the fact that they are not baptized. And although -some have been baptized, yet the virtue of the baptism having been -annulled by their credulity [_i.e._ their adherence to their own faith] -and by their Judaizing, they stink like Jews. They will not eat pork -save under compulsion. They eat meat in Lent and on the eve of feast -days.... They keep the Passover and the Sabbath as best they can. They -send oil to the synagogues for the lamps. Jews come to preach to them -in their houses secretly--especially to the women, very secretly. They -have Rabbis to slaughter their beasts and poultry. They eat unleavened -bread in the Jewish season. They perform all their Jewish rites as -much in secret as possible, and women as well as men seek whenever -possible to avoid the sacraments of Holy Church.... They never confess -truthfully, and it happened that a priest, once confessing one of -these, cut a fragment of cloth from his garment, saying: ‘As you have -never sinned, let me have this as a relic to heal the sick.’... Not -without reason did Our Lord call them _generatio prava et adultera_. -They do not believe that God rewards virginity and chastity, and all -their endeavour is to multiply. And in the days of the strength of -this heresy many monasteries were violated by their merchants and -wealthy men, and many professed nuns were ravished and derided, they -not believing in or fearing excommunication, but rather doing this -to vituperate Jesus Christ and the Church. Commonly swindling people -by many wiles and cheats, as in buying and selling, they have no -conscience where Christians are concerned. Never would they undertake -agriculture, ploughing or tilling or raising cattle, nor have they -ever taught their children any office but that of sitting down to earn -enough to eat by as little labour as possible. Many of them have raised -up great estates in a few years, not being sparing of their thieving -and usury, maintaining that they earn it from their enemies....”[51] - -[Illustration: - - _Photo by Donald Macbeth._ - -SEVILLE. - -From Colmenar’s “Délices d’Espagne.”] - -This atrocious tissue of misrepresentation would be utterly negligible -and contemptible were it not for the fact--as has been said--that it -was written in good faith (the good faith of a bigot) and reflects -what was currently believed, fostered by the envy which is plainly -revealed when Bernaldez alludes to the occupations of the Jews and the -New-Christians--all of whom he assumes to be false to the faith they -have embraced. - -Isabella must have been conscious of this feeling, and she must have -rated it at its proper value. She had received in 1474 a very pitiful -narrative poem of the New-Christian Anton Montoro, which painted with -terrible vividness a slaughter of the _conversos_ and implored justice -upon the assassins, protesting the innocence of the New-Christians -and the sincerity of their conversions. Her gentle nature must have -been moved to compassion by that lament, and her acute mind must have -perceived the evil passions and the envy that were stirring under the -fair cloak of saintly zeal. - -All these considerations being weighed, she resisted the -representations of Ojeda. - -But weightier than any may have been the reflection of the power which -the tribunal of the Inquisition must place in the hands of the clergy. -Already and very bravely she had expressed her resentment of clerical -usurpation of royal rights in Spain, and to repress it she had not -hesitated to front the Pope himself. If she acceded now to Ojeda’s -request, she would be permitting the priesthood to set up a court -which, not being subject to any temporal law, must alienate from her -some portion of that sovereignty which so jealously she guarded. - -Thus she came to dismiss the petition of the Dominican, and there can -be little doubt when all the circumstances are considered--as presently -they shall be--that in this she had the entire support of the Cardinal -of Spain, Don Pedro Gonzalez de Mendoza, Archbishop of Seville, who was -with her at the time. - -Ojeda withdrew, baffled, but by no means resigned. He awaited a more -favourable season, what time he kept the popular feeling in a state -of ferment. And no sooner had Ferdinand come to rejoin his Queen in -Seville than the Dominican renewed his importunities. - -He hoped to find an ally in the King. Moreover he was now supported by -Fr. Filippo de’ Barberi, the Sicilian Inquisitor. The latter had newly -arrived in Spain, where he came to seek at the hands of the Catholic -Sovereigns--who were rulers of Sicily--the confirmation of an ancient -decree promulgated in 1223 by the Emperor Frederic II. By virtue of -this decree one-third of the confiscated property of heretics became -the perquisite of the Inquisition; and it also ordained that the -governors of all districts should afford protection to the inquisitors -and assistance in their work of prosecuting heretics and any Jew who -might have contracted marriage with a Christian. - -These privileges the Sovereigns duly confirmed, accounting it their -duty to do so since they related to the Inquisition as established by -Honorius III. But not on that account did Isabella yet lean towards the -introduction of the tribunal into Castile. - -It happened, however, that to the arguments of Ojeda and Barberi were -added the persuasions of the papal legate _a latere_ at the court of -Castile--Nicolao Franco, Bishop of Trevisa--who conceived, no doubt, -that the institution of the Inquisition here would be pleasing to Pope -Sixtus IV, since it must increase the authority of the Church in Spain. - -To Ferdinand it is probable that the suggestion was not without -allurement, since it must have offered him a way at once to gratify -the piety that was his, and--out of the confiscations that must ensue -from the prosecution of so very wealthy a section of the community--to -replenish the almost exhausted coffers of the treasury. When the way -of conscience is also the way of profit, there is little difficulty -in following it. But, after all, though joint sovereign of Spain -and paramount in Aragon, Ferdinand had not in Castile the power of -Isabella. It was her kingdom when all was said, and although his -position there was by no means that of a simple prince-consort, yet he -was bound by law and by policy to remain submissive to her will. In -view of her attitude, he could do little more than add his own to the -persuasions of the three priestly advocates, and amongst them they so -pressed Isabella that she gave way to the extent of a compromise. - -She consented that steps should be taken not only to check the -Judaizing of the New-Christians, but also to effect conversions among -the Jews themselves; and she entrusted the difficult task of enforcing -the observance of the Christian faith and the Catholic dogmas to the -Cardinal of Spain--than whom, from a Christian and humanitarian point -of view, no man of his day could have been more desirable, which -is as much as to say that from the point of view of his Catholic -contemporaries no man could have been less so. - -Isabella’s announcement of her determination in the matter must have -come as something of a shock to Ojeda, who conceived himself on the way -to prevail with her. This concession to his wishes was far from being -the concession that he sought, since it passed over the heads of the -preaching friars, who had made such work--by their own methods--their -special mission. - -The Queen, however, had decided, and there was no more to be said. The -Cardinal of Spain went about his task in that sincere Christian spirit -and with that zeal for truth and justice that is associated with his -name. He compiled for the purpose of his mission an _instrucción_, -which has not survived, but which Ortiz de Zuñiga[52] and Pulgar[53] -inform us was in the form of a catechism. - -In this “he indicates,” says Pulgar, “the duties of the true Christian -from the day of his birth, in the sacrament of baptism as in all other -sacraments which it is his obligation to receive, as well as what he -should be taught, what believe and what perform as a faithful Christian -at all times and on all days until the day of his death.” - - * * * * * - -Mariana, Zurita, and other historians, upon the word of Paramo[54] and -of Salazar de Mendoza, have ventured to ascribe the establishment of -the Inquisition in Castile to the Cardinal of Spain. Their object in -so doing has been to heap honour and glory upon his name and memory; -for in their opinion he could have had no greater claim than this to -the gratitude and reverence of humanity. But the justice of a less -bigoted age demands that truth shall prevail in this respect, and that -his memory be deprived of that very questionable honour. The Cardinal’s -contemporaries do not justify what Paramo claims for him. And, to -reduce the argument to its lowest plane, it would have been extremely -unlikely that Cardinal Mendoza should advocate the establishment of -a court that must deprive him and the other Spanish bishops of the -jurisdiction in _causas de Fé_ hitherto vested in themselves. - - * * * * * - -The Primate pursued, then, the task imposed upon him, causing his -“catechism” to be expounded and taught by all parish priests in all -pulpits and schools. - -But however zealous his methods, they were not the methods desired by -Ojeda and the papal legate. The Dominican, vexed by the turn of events, -and determined to return to the assault as soon as ever occasion -offered, cast about him for fresh arguments that should prevail with -the Sovereigns. - -And then there befell an incident in Seville to supply his fanatical -needs and place in his hands the very weapon that he sought. - -A young nobleman of the famous house of Guzman had engaged in an -amorous intrigue with the daughter of a New-Christian. In the pursuit -of this amour he repaired secretly to her father’s house on the night -of Thursday in Holy Week of that year 1478, and was admitted by the -girl. But the lovers being disturbed by voices in the house, Guzman -was driven to conceal himself. From his concealment he overheard the -conversation of several Judaizers who were being entertained by the -father of his mistress. He heard them vehemently denying the divinity -of Christ and as vehemently blaspheming His name and the Holy Faith. - -Having quitted the house, he went straight to the Prior of the -Dominicans to relate what he had overheard and to denounce the -blasphemers. - -This young Castilian is so very interesting a type that a slight -digression to consider him more closely may be permitted. It is of -assistance to understand the mental attitude, the crass complacency -of the bigot. He knew that the highest virtue that a Christian could -practise was the virtue of chastity, and, conversely, that the worst -offence against God into which he could fall was that of unchastity. -Or at least he had been taught these things, and he accepted them in a -sub-conscious, automatic sort of way. Yet since the sin was his own, -it gave his consciousness no uneasiness that he should perpetrate it, -that he should slink like a thief into the house of this New-Christian -to debauch his daughter. But let him hear this New-Christian or his -friends express opinions of disbelief in this God whom he believed -in and--by his own lights--insulted, and behold him outraged in all -his feelings against those unspeakable fellows. Behold him running -hot-foot to Prior Ojeda to relate with horror the tale of this vileness -that he had overheard, so little concerned about the vileness through -which he himself had acquired his knowledge that he makes no effort -to conceal it. And, apparently, the Dominican, in a like horror at -the New-Christians’ offence against a God in whom they do not believe, -accounts of little moment the Castilian’s offence against the God in -whom he does believe. - -It is a nice illumination of the contrast between the theory and the -practice of Christianity. - -Upon the young man’s information Ojeda instituted an inquiry, and -six Judaizers were arrested. They confessed their guilt, and begged -to be reconciled to the Church. As the Inquisition had not yet been -established, with its terrible decree against “relapsos,”[55] their -prayer was granted, after the fulfilment of the penance imposed.[56] - -With the tale of this “execrable wickedness” Ojeda repaired at once to -Cordova, whither the Sovereigns had by now withdrawn. The story would -lose nothing in its repetition by this pious and saintly man, and he -was in a position to add to it that the good folk of Seville were -almost in revolt from indignation at that happening in their midst. - -Having shown thus how urgently it was required, he once more implored -the Sovereigns to establish the Inquisition. And it is not to be -doubted that his petition would be backed by that of the legate Franco, -who was at the Court. - -Yet Isabella still showed repugnance, still hesitated to consent to the -extreme course advocated. - -But at this moment, according to Llorente,[57] another advocate -appears upon the scene to plead the cause of the Faith--a figure in -the white habit and black cloak of the Dominican Brotherhood, a man -in his fifty-eighth year, tall and gaunt and stooping slightly at the -shoulders, mild-eyed, of a cast of countenance that is gentle, noble, -and benign. - -This is Frey Tomás de Torquemada, Prior of the Dominican Convent of -Holy Cross of Segovia, the nephew of the late illustrious Juan de -Torquemada, Cardinal of San Sisto. - -His influence with the Queen is vast; his eloquence fiery; his mental -energy compelling. Ojeda looks on, and his hopes grow confident at -last. - - - - -CHAPTER VII - -THE PRIOR OF HOLY CROSS - - -If ever a name held the omen of a man’s life, that name is Torquemada. -To such an extraordinary degree is it instinct with the suggestion -of the machinery of fire and torture over which he was destined to -preside, that it almost seems a fictitious name, a _nom de guerre_, -a grim invention, compounded of the Latin _torque_ and the Spanish -_quemada_, to fit the man who was to hold the office of Grand -Inquisitor. - -It was derived from the northern town of Torquemada (the Turre Cremata -of the Romans), where the illustrious family had its beginnings. This -family first sprang into historical distinction with the knighting by -Alfonso XI of Lope Alonso de Torquemada (_Hijodalgo a los Fueros de -Castilla_), and thereafter was maintained in prominence by several -members who held more or less distinguished offices. But the most -illustrious bearer of the name was the cultured Dominican Juan de -Torquemada (Lope Alonso’s great-grandson), who was raised to the -purple with the title of Cardinal of San Sisto. He was one of the most -learned, eminent, and respected theologians of his age, an upholder of -the dogma of the Immaculate Conception, and the most ardent champion -since Thomas Aquinas of the doctrine of papal infallibility. He -enriched theological literature by several works, the best known of -which is his “Meditations.” - -Fr. Tomás de Torquemada was the son of the Cardinal’s only brother, -Pero Fernandez de Torquemada. He was born at Valladolid in 1420, and -after a scholastic career of some distinction--if Garcia Rodrigo is -to be believed in this particular[58]--he followed in his uncle’s -footsteps, soliciting the habit of the Order of St. Dominic, which he -assumed in the Convent of St. Paul of Valladolid upon completing his -studies of philosophy and divinity, and receiving a doctor’s degree. - -He filled with distinction the chair of canon law and theology, and in -the fullness of time was elected Prior of the Convent of Santa Cruz of -Segovia. He so distinguished himself in the discharge of the duties -of this office by his piety, his learning, and his zeal, that he was -repeatedly re-elected, there being at the time no rule of the order -to inhibit it. Such was the austerity of his character that he never -ate meat, or used linen either in his clothing or on his bed.[59] He -observed the rule of poverty imposed by his order so rigorously that he -was unable to provide his only sister with an endowment suitable to her -station, and could allow her no more than would permit her to live as a -nun under the rule of the tertiary order of St. Dominic. - -At what epoch the Prior of Holy Cross first became the confessor of the -Infanta Isabella it is not now possible to ascertain. Jaime Bleda tells -us that in the fulfilment of this office he had extracted from her, -during her youth at the Court of her brother King Henry IV, a promise -that should she ever come to the throne she would devote her life to -the extirpation of heresy from her realm.[60] - -This may be dismissed as one of those popular fictions that arise -concerning the intimate affairs of princes, for it cannot be said that -it is borne out by the circumstances under consideration. - -Isabella’s reluctance to proceed to extreme--or even vigorous--measures -against those of her subjects accused of Judaizing is admitted by every -serious student of her reign, however opinions may vary as to the -motives that swayed her in this course. - -There remains, however, out of Bleda’s anecdote, the fact that -Torquemada had been Isabella’s confessor in early years--which in -itself bears out the statement that the Dominican had achieved -distinction. It follows by virtue of his having occupied this office -that he must have acquired over the mind of a woman so devout a -considerable ascendancy where matters connected with the Faith were -concerned. - -This influence he came now to exert. - -To support it he brought an indubitable sincerity and disinterestedness -of motives; he brought a reputation for sanctity derived from the rigid -purity of his life and the stern asceticism which he practised--a -reputation which could not fail to act upon the imagination of a woman -of Isabella’s pious temperament; and, finally, he brought the dominant, -masterful personality and the burning eloquence that were his own. - -When all this is taken into account it is not surprising that the -Queen’s resistance, weakened already by the onslaughts of Ojeda and his -associates, the King and the papal legate, should at last have broken -down; and that under the compelling persuasion of the Prior of Holy -Cross she should reluctantly have consented to the establishment of the -Holy Office in her dominions. - - * * * * * - -Thus it befell that by order of the Catholic Sovereigns their Orator at -the Pontifical Court, D. Francisco de Santillana, applied to Sixtus IV -for a bull that should empower Ferdinand and Isabella to set up the -tribunal of the Inquisition in Castile, to enable them--as Bernaldez -puts it--to proceed to the extirpation of heresy “by the way of -fire”--_por via del fuego_. - -This bull was duly granted under date of November 7, 1478. - -It gave the Sovereigns the faculty of electing three bishops or -archbishops or other God-fearing and upright priests, regular or -secular, of over forty years of age, who must be masters or bachelors -of divinity and doctors or licentiates of canon law, to make -inquisition throughout the kingdom against heretics, apostates, and -their abettors. - -His Holiness accorded to the men so elected the requisite jurisdiction -to proceed according to law and custom, and he further empowered the -Sovereigns to annul such nominations as they might make and to replace -their nominees as they saw fit.[61] - -The Sovereigns were in Cordova when the bull reached them in the -following month of December. But they did not at once proceed to act -upon it. Before doing so, Isabella made one last effort to repress the -Judaizing and apostatizing movement by the gentler measures concerted -with the Cardinal of Spain in 1477. - -To the task of continuing with increased vigour the teachings of the -“catechism” drawn up by Mendoza she now appointed Diego Alonso de -Solis, Bishop of Cadiz, D. Diego de Merlo, Coadjutor of Seville, and -Alonso de Ojeda, to whom these royal orders must have been a fresh -source of disappointment and chagrin. - -Torquemada, we must assume, had withdrawn once more to his convent of -Segovia, and perhaps the removal of his stern influence enabled the -Queen to make this last effort to avoid the course to which he had all -but constrained her. - -Having concluded these arrangements, the Sovereigns repaired to Toledo. -There, in the spring of the year 1480, the Cortes assembled to make -oath of fealty to the infant Prince of Asturias to whom Isabella had -given birth in June of 1478. Whilst this oath was the chief motive of -the assembly, it was by no means the only business with which it had to -deal. Many other matters received attention; amongst them the necessity -for remedying the evils arising out of the commerce between Christians -and Jews was seriously considered. - -It was decreed that the old laws concerning the Jews, which lately -had been falling into partial desuetude, should be re-enforced, -particularly those which prescribed that all Jews should wear the -distinguishing badge of the circlet of red cloth on the shoulders of -their gabardines; that they should keep strictly to their Juderias, -always retiring to these at nightfall; that walls to enclose these -Juderias should be erected wherever they might still be wanting, and -that no Jew should practise as a doctor, surgeon, apothecary, or -innkeeper. - -Beyond that, however, the Cortes did not go; and the institution of -the Inquisition to deal with Judaizers was not so much as mentioned, -which circumstance Llorente accepts as a further proof of the Queen’s -antipathy to the Holy Office. - -Coming at a time when the Jews were once more beginning to taste the -sweets of freedom, there can be little doubt that these provisions, -which thrust them back into bondage and ignominy, must have been -extremely galling to them. It is possible that these measures -against the men of his race spurred a New-Christian to the rash -step of publishing a pamphlet in which he criticized and censured -the royal action in the matter. Carried away by his feelings, the -writer--intentionally or not--fell into heresy in the course of his -writings, to which the Jeronymite monk, Hernando de Talavera, published -a reply. - -Rodrigo[62] assumes that this heretical pamphlet put an end to the -Queen’s patience. It may very well have been the case, or at least it -may have afforded Ferdinand and the others who desired the Inquisition -a final argument whereby to overcome what reluctance still lingered -with her. - -Be that as it may, it was very soon after this--September 27, -1480--that the Sovereigns, who at the time were at Medina del Campo, -acted at last upon the papal bull which had now been in their hands for -nearly two years, and delegated their faculty of giving inquisitors to -Castile to the Cardinal of Spain and Fr. Tomás de Torquemada. - -Mendoza and Torquemada proceeded at once to carry out the task -entrusted to them, and appointed as inquisitors of the faith for -Seville--where Judaizing was represented to be most flagrant--the -Dominican friars Juan de San Martino and Miguel Morillo. The latter was -the Provincial of the Dominicans of Aragon, and was already a person of -experience in such matters, having acted as inquisitor in Rousillon. To -assist them in the discharge of their office, the secular priest Juan -Ruiz de Medina, a doctor of canon law, and Juan Lopez de Barco, one of -the Queen’s chaplains, were appointed, the former to the position of -assessor, the latter to that of fiscal. - - * * * * * - -It is necessary, in view of the much that has been written, and -although the danger be incurred of labouring the point, to examine more -closely the attitude of the Sovereigns towards the tribunal which they -now sanctioned. - -Isabella’s zeal, both pious and political, urged her, as has been said, -to proceed in such a way as should set a term to the unrest arising -out of the public feeling against Judaizers and apostatizing Moriscoes -(baptized Moors). Ferdinand not only shared her feelings, but pious -zeal in him went to the lengths of bigotry, and he aimed essentially at -a political unity that should be inseparably allied and interwoven with -religious unity. - -Isabella would have laboured slowly, preferring, even at the sacrifice -of time, to achieve her ends by gentle means and the exercise of -that patience which was so very necessary if good results were to be -obtained. Ferdinand, perhaps less pitiful, perhaps--to do him full -justice--less hopeful of the power of argument and indoctrination, -lending an ear to the priestly assertion “contra negantes veritatis -nulla est disputatio,” would have proceeded at once to the introduction -into Castile of the stern repressive measures already being exerted in -his native Aragon. - -On the score of their different attitudes the Sovereigns might have -found themselves in conflict, but that in this matter they had a ground -of common interest. Both were agreed that in no case should Spain be -brought under the ecclesiastical sway which the establishment of the -usual form of Inquisition must set up. If this were to be--as usual -hitherto--under pontifical control, its officers would be appointed -by the Pope, or, vicariously, by the Dominican provincials, and a -proportion of the confiscations consequent upon conviction would be -gathered into the pontifical coffers. - -For all his bigotry and his desire to see the Holy Office instituted in -Castile, Ferdinand was as averse as Isabella to its introduction in a -form that must restore the clerical usurpations they had been at such -pains to repress. - -If Isabella admitted the Inquisition as a last means of quelling the -disturbing elements in her kingdom, it must be an Inquisition on lines -entirely different from those which hitherto had obtained elsewhere. -The appointment of its officers must no more rest with the Pope than -the bestowal of Spanish benefices. It must be the prerogative of the -Sovereigns themselves, and it must carry with it the power to depose -and replace, where necessary, such inquisitors as they might appoint. -Further, Rome must have no share in the property confiscated from -Spanish subjects, the disposal of this being entirely controlled by -the Sovereigns. - -It has been argued that here was the cause of all Isabella’s hesitancy: -that greed and statecraft were the mainsprings of her conduct in the -matter, and that humanitarian considerations had no part in it; that -the bull had been applied for earlier than has been generally supposed, -and that the delay had resulted from the Pope’s disinclination to grant -any such terms as were demanded. - -The latter statement may not be without foundation. But to say -deliberately that no humanitarian considerations governed the Queen’s -conduct is to say a great deal more than the circumstances warrant. -To establish this hypothesis it would be necessary to advance some -adequate reason for her reluctance to act upon the bull when once it -was in her hands. For the bull of November 1478 conceded all that the -Sovereigns demanded, all that they desired. Yet Isabella allowed nearly -two years to pass before proceeding to exercise the faculties conferred -by it, and during that time Cardinal Mendoza and his co-operators -diligently pursued the work of effecting conversions by means of his -“catechism.” - -The conclusion that this was dictated by humane considerations on the -part of the Queen is the only one that appears reasonable, nor is any -alternative put forward to account for the delay of nearly two years. - - * * * * * - -When the Cardinal of Spain and the Prior of Holy Cross, acting jointly -on behalf of the Sovereigns, appointed the first inquisitors for -Castile, they instructed these to set up a tribunal in Seville, which -of all the cities of Spain was the one where Judaizing was alleged to -be most flagrantly conducted.[63] - -The Sovereigns issued on October 9 a command to all loyal subjects to -afford the two inquisitors every assistance they might require on their -journey to Seville and all facilities there for carrying out their -mission. - -The subjects, however, were so little loyal on this occasion that upon -the arrival of the inquisitors at Seville, these found a reception of -all solemnity awaiting them and every respect accorded to them, but -no assistance. To such an extent was this withheld that they found it -quite impossible to set about the business upon which they came. They -complained of this state of things to the King, and as a result he sent -special orders on December 27 to the Coadjutor of Seville and the civil -authorities of the district, commanding them to lend the inquisitors -every support. - -In consequence of this they were at last enabled to establish their -court and proceed to the business upon which they came.[64] - -The very rumour of their approach had filled the New-Christians with -anxiety, and a glimpse of the gloomy funereal pageant--the white-robed, -black-hooded inquisitors, with their attendant familiars and barefoot -friars, the procession headed by a Dominican carrying the white -cross--on its way to the Convent of St. Paul, where they took up their -quarters, was enough to put to flight some thousands of those who had -cause to fear that they might become the objects of the attention of -that fearful court. - -These fugitives sought refuge in the feudal lordships of the Duke of -Medina Sidonia, of the formidable Rodrigo Ponce de Leon, Marquis of -Cadiz, and of the Count of Arcos. - -But in all ages it had been the way of the Inquisition not only to -suspect readily, but to allow suspicion to usurp the place that -elsewhere is reserved for proof. And so they proceeded to construe into -evidence of guilt this flight of the timorous, as is shown by the -edict they published on January 2 of 1481. - -In this--having set forth their appointment by the Sovereigns, and the -terms of the bull under which such appointment had been made--they -announced that, inasmuch as it had come to their knowledge that many -persons had departed out of Seville in fear of prosecution upon -grounds of heretical pravity, they commanded the Marquess of Cadiz, -the Count of Arcos, and the other nobles of the Kingdom of Castile, -that within fifteen days of the publication of this edict they should -make an exact account of the persons of both sexes that had sought -refuge in their lordships or jurisdictions; that they should arrest -all these and bring them safely to the prison of the Inquisition in -Seville, confiscating their property and placing this together with an -inventory in the hands of some person of trust, to be held by them at -the disposal of the inquisitors; that none should dare to shelter any -fugitive, but comply exactly with the terms of this edict under pain -of greater excommunication and the other penalties by law established -against abettors of heretics, amongst which penalties was that of the -annulment of their dignities and offices, their subjects and vassals -being absolved of all vassalage and subjection; and the inquisitors -reserved to themselves and their superiors the power of absolution from -the ecclesiastical censure incurred by all who might fail to obey the -terms of this edict. - - - - -CHAPTER VIII - -THE HOLY OFFICE IN SEVILLE - - -The stern purpose of the inquisitors and the severity with which they -intended to proceed were plainly revealed by that edict of January 2, -1481. The harsh injustice that lay in its call upon the authorities -to arrest men and women merely because they had departed from Seville -before departure was in any way forbidden is typical of the flagrantly -arbitrary methods of the Inquisition. That it should have struck terror -into the New-Christians who had remained in Seville, and that it should -have moved them to take measures to protect themselves against a court -in which justice seemed little likely to be observed, and to whose -cruel mercies the most innocent might find himself exposed at any -moment, is not surprising--particularly when it is considered how great -was the number of New-Christians who occupied positions of eminence in -Seville. - -A group of these prominent citizens assembled at the invitation of -Diego de Susan, one of the wealthiest and most influential men of -Seville, whose fortune was estimated at ten million maravedis. They -came together to consider what measures should be taken for the defence -of themselves, their persons and property, from the unscrupulous -activities of this tribunal, and they determined that if necessary they -would resort to force. - -Among those who entered into this conspiracy were some ecclesiastics, -and several who held office under the Crown, such as the Governor of -Triana, Juan Fernandez Abolafio, the Captain of Justice and farmer of -the royal customs, his brother Fernandez the licentiate, Bartolomé -Torralba, and the wealthy and well-connected Manuel Sauli. - -Susan addressed them. He reminded them that they were the principal -citizens of Seville, that they were wealthy not only in property but -in the good-will of the people, and that it but required resolution -and solidarity on their part to enable them to prevail against the -inquisitors in the event of these friars making any attempt upon them. - -All concurring, it was concerted that each of the conspirators should -engage himself to provide a proportion of the men, arms, and money and -what else might be necessary for their purpose. - -But Susan to his undoing had a daughter. This girl, whose beauty was -so extraordinary that she was surnamed _la hermosa fembra_, had taken -a Castilian lover. What motives may have actuated her, what part the -lover may have played in these, does not transpire. All that is known -is that she betrayed the conspiracy to the inquisitors--“impiously -violating the natural laws engraved by God’s finger upon the human -heart.” - -Susan and his unfortunate confederates were seized as a consequence of -that infamous delation; they were lodged in the cells of the Convent of -St. Paul, which meanwhile did duty as a prison, and brought to trial -before the Court of the Holy Office sitting in the convent.[65] - -They were tried for heresy and apostasy, of course; since upon no other -grounds was it possible for the Holy Office to deal with them. It is -unfortunate that Llorente should have unearthed no record of this -trial--one of the first held by the Inquisition in Castile--and that -nothing should be known of what took place beyond the fact that Susan, -Sauli, Bartolomé Torralba, and the brothers Fernandez were found guilty -of the alleged offence of apostasy and were delivered up to the secular -arm for punishment. - -Garcia Rodrigo has devoted a couple of pages of his “Historia -Verdadera” to an elaborate piece of fiction in which he asserts that -these men were persistent in their error in spite of the strenuous -efforts made to save them. He invests the fanatical Ojeda with the -character of an angel of mercy, and represents him hovering round -the condemned, exhorting them, almost with tears, to abjure their -error, and he assures us that although the Dominican persevered in his -charitable efforts up to the last moment, all was vain. - -There is not a grain of evidence to support the statement, nor does -Garcia Rodrigo pretend to advance any. As a matter of fact, Bernaldez, -the only available authority who mentions Susan’s end, tells us -specifically that he died a Christian. And when it is considered -that Bernaldez is an ardent admirer and champion of the Inquisition, -such a pronouncement from his pen is sufficient to convict the -inquisitors Morillo and San Martin of having proceeded in a manner -that was vindictive and _ultra vires_. For at this epoch it was not -yet decreed that those who had relapsed (_relapsos_) should suffer -capital punishment unless they persisted in their apostasy--as Rodrigo, -obviously for the purpose of justifying the inquisitors, unwarrantably -asserts did Susan and his confederates. - -Llorente considers the blood-lust of the inquisitors established by -these merciless convictions, urging that it is incredible that all the -prisoners should have refused to recant and to submit themselves to -penance--even assuming that they were actually guilty of apostasy as -alleged. For when all is considered it must remain extremely doubtful -whether they had Judaized at all, and it is not improbable--from what -we see of the spirit that actuated the inquisitors--that Morillo -and San Martin may have construed the action of those men into an -offence against the Faith for the purpose of bringing them within the -jurisdiction of the Holy Office. - -They were condemned to be the chief actors in the first Auto de Fé that -was held in Seville. This took place on February 6.[66] - -There was about this Auto comparatively little of that pomp and -ceremonial, that ghastly theatricality that was presently to -distinguish these proceedings. But the essentials were already present. - -Susan and his fellows were led forth barefoot, in the ignominious, -yellow penitential sack, a candle in the hand of each. Hemmed about by -halberdiers, they were paraded through the streets of a city in which -they had won the goodwill and respect of all, to be gazed upon by a -people whose eyes must have been filled with horror and dismay. To head -the procession went a black-robed Dominican holding aloft the green -cross of the Inquisition, now swathed in a veil of crape; behind him, -walking two by two, came the familiars of the Holy Office, members of -the Confraternity of St. Peter the Martyr; next followed the doomed men -amid their guards; and last came the inquisitors with their attendants -and a considerable body of Dominicans from the Convent of St. Paul, -headed by their prior, the fanatical Ojeda. - -The procession headed for the Cathedral, where the sufferers were taken -to hear Mass and forced to listen to a sermon framed for the occasion -which was preached by Ojeda, and must have increased the exquisite -torment of their protracted agony. Thence they were conducted--once -more processionally--out of the city to the meadows of Tablada. There -they were attached to the stakes that had been erected, fire was set to -the faggots, and thus they perished miserably, to the greater honour -and glory of the Catholic Apostolic Church.[67] - -Ojeda may have looked with satisfaction upon that holocaust, upon those -cruel flames which more than any man in Spain he had been instrumental -in kindling, and which being kindled would continue to cast their lurid -glow over that fair land for close upon four centuries. It was the -first burning that Ojeda witnessed, and it was the last. His own hour -was at hand. His mission, whatever ends it had to serve in the eternal -scheme of things, was completed there on the meadows of Tablada, and he -might now depart. A few days later he lay dead, stricken down by the -plague that was ravaging the south of Spain, and sought him out for one -of its first victims. - -And from the pulpits of Seville the Dominicans thundered forth -declarations that this pestilence was a visitation of God upon an -unfaithful city. They never paused to consider that if that were indeed -the case either God’s aim must be singularly untrue since the shafts of -His wrath overtook such faithful servants as Ojeda, or else.... - -But an incapacity to conduct its reasonings to a logical conclusion, -and an utter want of any sense of proportion, are the main factors in -all fanaticism. - -Lest they should themselves be stricken by these bolts of pestilence -launched against the unfaithful, behold next the inquisitors scuttling -out of Seville! They go in quest of more salubrious districts, -and, presumably upon the assumption that these--since they remain -healthy--are escaping divine attention, the Dominicans zealously -proceed to light their fires that they may repair this heavenly -oversight.[68] - -But that _villegiatura_ of theirs did not take place until they had -transacted a deal more of their horrible business in Seville. Great -had been the results of the edict of January 2. The nobles, not daring -to run the risk of the threatened ecclesiastical censure, proceeded -to effect the arrests demanded, and gangs of pinioned captives were -brought daily into the city from the surrounding country districts -where they had sought shelter. And in the city itself the familiars of -the Holy Office were busily effecting the capture of suspects and of -those against whom, either out of bigotry or malice, delations had been -made. - -So numerous were the arrests that by the middle of the month of January -already the capacity of the Convent of St. Paul was strained to its -utmost, and the inquisitors were compelled to remove themselves, their -tribunal and their prison to the ampler quarters of the Castle of -Triana, accorded to them by the Sovereigns in response to their request -for it.[69] - -The edict of January 2 was soon succeeded by a second one, known as the -“Edict of Grace.” This exhorted all who were guilty of apostasy to come -forward voluntarily within a term appointed, to confess their sins and -be reconciled to the Church. It assured them that if they did this with -real contrition and a firm purpose of amendment, they should receive -absolution and suffer no confiscation of property. And it concluded -with a warning that if they allowed the term of grace to expire without -taking advantage of it, and they should afterwards be accused by -others, they would be prosecuted with the utmost rigour of the law. - -Amador de los Rios is of opinion that Cardinal Mendoza was -“instrumental” in having this edict published, in which case it would -hardly be too much to assume that he was the instrument of Isabella -in the matter. Nor is it too much to assume that the inspiration -was purely merciful, and that there was no thought in the mind of -either Queen or Cardinal of the edict’s being turned, as it was, to -treacherous account. - -The response was immediate. It is estimated that not less than 20,000 -_conversos_ who had been guilty of Judaizing came forward to avail -themselves of its promise of amnesty and to secure absolution for -their infidelity to the religion they had embraced. They discovered -to their horror that they had walked into a trap as cruel as any that -smooth-faced, benign-voiced priestcraft had ever devised. - -The inquisitors had thought well to saddle the promised absolution and -immunity from punishment with a condition which they had not published, -a condition which they had secretly reserved to spring it now upon -these self-convicted apostates at their mercy. They pointed out with -infernal subtlety that the edict provided that the contrition of the -self-accused must be sincere, and that of this sincerity the penitents -must give the only proof possible by disclosing the names of all -Judaizers known to them. - -The demand was an infamy; for not even under the seal of private -confession is a priest authorized to impose upon a penitent as a -condition of absolution that he shall divulge the name even of an -accomplice or a partner in guilt. Yet here it was demanded of these -that they should go much further, and denounce such sinners as they -knew; and the demand was framed in such specious terms--as the only -proof they could offer of the sincerity of their own contrition--that -none dared have taxed the inquisitors with malpractice or with -subverting the ends and purpose of this edict they had been forced to -publish. - -The wretched apostates found themselves between the sword and the -wall. Either they must perpetrate the infamy of betraying those of -their race whom they knew to be Judaizers, or they must submit not only -to the cruel death by fire, but to the destitution of their children -as a consequence of the confiscation of their property. Most of them -gave way, and purchased their reconciliation at the price of betrayal. -And there were men like Bernaldez, the parish priest of Palacios, who -applauded this procedure of the Holy Office. “A very glorious thing” -(_muy hazañosa cosa_), he exclaims, “was the reconciliation of these -people, as thus by their confessions were discovered all that were -Judaizers, and in Seville knowledge was obtained of Judaizers in -Toledo, Cordova, and Burgos.”[70] - - * * * * * - -Upon the expiry of the term of grace a further edict was published by -Morillo and San Martin, in which they now commanded, under pain of -mortal sin and greater excommunication, with its attendant penalties, -the discovery of all persons known to be engaged in Judaizing practices. - -And that there should be no excuse offered by any on the score of -ignorance of such practices, these were published in thirty-seven -articles appended to the edict, articles whose malign comprehensiveness -left no man secure. - -They set forth the following signs by which New-Christians guilty of -Judaizing might be recognized: - - I. Any who await the Messiah, or say that he has not yet come, - and that he will come to lead them out of captivity into the - promised land. - - II. Any who after baptism have returned expressly to the Mosaic - faith. - - III. Any who declare that the law of Moses is as good as that - of Jesus Christ and as efficient for salvation. - - IV. Any who keep the Sabbath in honour of the law of Moses--of - which the proof is afforded by their assuming clean shirts and - more decent garments than on other days, and clean covers on - the table, as well as by their refraining from lighting fires - and from engaging in all work from Friday evening. - - V. Any who strip the tallow or fat from meats that they are - to eat and purify it by washing in water, bleeding it, or - extracting the glandule from the leg of lambs or other animals - slaughtered for food. - - VI. Any who cut the throats of animals or poultry that - are intended for food, first testing the knife on their - finger-nail, covering the blood with earth, and uttering - certain words that are customary among Jews. - - VII. Any who eat meat in Lent and on other days on which it is - forbidden by Holy Church. - - VIII. Any who keep the great fast of the Jews known by - different names, or the fast of _Chiphurim_ or _Quipur_ in the - tenth Hebrew month--whereof the proof shall be their having - gone barefoot during the period of the said fast, as is the - custom of the Jews, their having said Jewish prayers, or asked - pardon one of another, or fathers having laid hands upon the - heads of their children without making the sign of the Cross or - saying anything but “By God and by me be thou blessed.” - - IX and X. Any who keep the fast of Queen Esther, which is - observed by the Jews in memory and imitation of what they - did in captivity in the reign of Ahasuerus, or the fast of - _Rebeaso_. - - XI. Any who shall keep other fasts peculiar to the Jews, such - as those of Monday and Thursday, of which the proof shall be: - their not eating on such days until after the appearance of the - first evening star; their having abstained from meat; their - having washed on the previous day or cut their nails or the - points of their hair, keeping or burning these; their reciting - certain Jewish prayers, raising or lowering their heads with - their faces to the wall, after washing their hands in water or - in earth; their dressing themselves in sackcloth and girding - themselves with cords or strips of leather. - - XII, XIII, and XIV concern any who keep the Paschal seasons; - which is to be discovered by their setting up green boughs, - inviting to table and sending presents of comestibles, and the - keeping of the feast of candles. - - XV to XIX concern any who observe Hebrew table-customs: whether - they bless their viands according to the Jewish custom, whether - they drink “lawful” wine--_i.e._ wine that has been pressed by - Jews--and eat meat that has been slaughtered by Jews. - - XX. Any who recite the Psalms of David without concluding with - the versicle “Gloria Patri et Filio et Spiritu Sancto.” - - XXI. Any woman who abstains from going to church for forty days - after delivery of child, out of reverence for the law of Moses. - - XXII to XXVI concern any who circumcise their children, give - them Hebrew names, or after baptism cause their heads to be - shaven where anointed with the sacred oil, or any who cause - their children to be washed on the seventh day after birth in a - basin in which, in addition to the water, they have placed gold - and silver, pearls, wheat, barley, and other things. - - XXVII. Any who are married in the Jewish manner. - - XXVIII. Any who hold the _Ruaya_--which is a valedictory supper - before setting out upon a long journey. - - XXIX and XXX. Any who carry Hebrew relics or make - burnt-offerings of bread. - - XXXI. Any who _in articulo mortis_ have turned or been turned - with their faces to the wall to die in this attitude. - - XXXII. Any who wash a corpse in warm water or shave it - according to the Jewish custom, and otherwise dress it for the - grave as is prescribed by the Mosaic law. - - XXXIII to XXXVI concern Jewish expressions of mourning, such as - the abstaining from meat, the spilling of water from the jars - in the dwelling of the deceased, etc. - - XXXVII. Any who bury their dead in virgin soil or in a Jewish - cemetery.[71] - -Reference has already been made to the inherent character of many -Jewish customs, which even the most sincere of New-Christians retained -despite themselves; these customs, being racial rather than religious, -were very far from signifying Judaic apostasy, since they contained -nothing that was directly opposed to the Christian teaching. In the -list published by the Seville inquisitors it will be seen that such -customs were deliberately included as evidences of apostasy. - -Consider Articles IV, V, and VII, concerning the assumption of clean -linen on Saturdays and the stripping of fat from beef and mutton, -which nowise offend against the Christian faith, and might well be the -perpetuation of customs acquired before baptism was received. - -Even more flagrant is Article XXXI, which lays it down as evidence -of Judaizing that a man shall turn his face to the wall when at the -point of death; but most flagrant of all is Article XXVIII, concerning -the valedictory meal partaken of before setting out upon a journey, -for it is a custom that at all times has been as much in vogue among -Christians as among men of any other religion. - -Clearly not a New-Christian in Seville was safe from the delations of -the malevolent, since such ridiculously slight grounds of suspicion -were set forth by the tribunal. So extravagant and absurd are some -of these articles that one is forced to agree with Llorente, that in -formulating them the inquisitors proceeded with deliberate malice. He -contends that deliberately they cast a wide net that by their heavy -draught they should satisfy the Queen that she had heard no more than -the truth as to the extent to which Judaizing was rampant in Castile, -and the urgent need there was for the introduction of the Inquisition. - -Whether in this they proceeded according to instructions received from -Torquemada or Ojeda does not transpire, but there can be little doubt -that the results obtained must have been in accordance with the wishes -of both, since they justified to the Queen the representations these -friars had so insistently made to her. - -And the system of espionage which the inquisitors set up to increase -their haul of victims was as sly and cunning as anything in the history -of spying. Conceive the astuteness of the friar who climbed to the roof -of the Convent of St. Paul on Saturday mornings to observe and note the -houses of New-Christians from whose chimneys no smoke was to be seen -issuing, that he might lay the information thus obtained before the -tribunal, which would proceed to arrest the inhabitants upon a strong -suspicion that they were Judaizers who would not desecrate the Sabbath -by lighting fires.[72] - -“What,” asks Llorente, “could be expected of a tribunal that began -in this way?” And he at once supplies the answer: “That which -happened--neither more nor less.” - -With the methods of procedure that obtained in the trials conducted -by these inquisitors we need not just now concern ourselves. For -the moment it is enough to say that to the vices inherent in such a -judicial system must be added, in the case of the first inquisitors -of Seville, a zeal--not only to convict, but actually to be burning -heretics--so ferociously excessive as to proclaim that they were -gratifying their hatred of these Jews. - -This upon the word of that sober chronicler Pulgar, who, whilst in -general terms approving the introduction of the Inquisition, as has -been seen, denounces in the following particular terms the practices of -Morillo and San Martin: “In the manner in which they conducted their -proceedings they showed that they held those people in hatred.”[73] - -The Auto of February 6 was followed by another on March 26, at which -seventeen victims were burnt on the fields of Tablada. And now that -the fires were lighted, the inquisitors saw to it that they were well -supplied with human fuel. Burnings followed one another at such a rate -that by the month of November--upon the word of Llorente--298 condemned -had been sent to the flames in the town of Seville alone, whilst 79 -others by reconciling themselves to the Church secured the commutation -of their sentence to one of perpetual imprisonment. - -Mariana, the historian who gave thanks to God for the introduction of -the Inquisition into Castile, informs us with flagrant calm that the -number of Judaizers burnt in the Archbishopric during that year 1481 -amounted to 8,000, whilst some 17,000 were submitted to penance. - -In addition to those burnt alive, many who had fled the country were -burnt in effigy, having been tried and found guilty during an absence -described as contumacious. And similarly the court went through the -horrible farce of sitting in judgment upon many who were dead, and, -having convicted them, it dug up their bones and flung these to the -flames. - -Such was the prodigious activity of the Holy Office, and to such an -extent did its holocausts promise to continue, that the Governor of -Seville ordered the erection on the fields of Tablada of a permanent -platform of stone of vast proportions known as the Quemadero, or -Burning-place. It was adorned by figures of the four Prophets. At each -of its four corners towered one of these colossal statues of plaster, -and Llorente tells us that they were not merely for ornament. He says -that they were hollow and so contrived that a condemned person might be -placed in each and so die by slow fire.[74] - -This Quemadero remained standing, a monument to religious intolerance -and fanatical cruelty, until the soldiers of Napoleon demolished it in -the nineteenth century.[75] - -So ruthless were Morillo and San Martin, and so negligent of equity or -even the observance of the ordinary rules of judicial procedure, that -in the end we find the Pope himself--in January of 1482--addressing a -letter of protest to the Sovereigns. - -The first edict commanding the nobles to arrest all those who had fled -from Seville had had the effect of driving many of these fugitive -New-Christians farther afield in their quest for safety. Some had -escaped into Portugal, others had crossed the Mediterranean and sought -shelter in Morocco, whilst others still had taken their courage in -both hands and sought sanctuary in Rome itself, at the very feet of -the Pontiff. Other fugitives followed presently, when the tribunal had -already inaugurated its terrible work; and these came clamouring their -grievances and protesting that in spite of their innocence they dared -no longer remain in a State where no New-Christian was safe from the -hatred and injustice shown by the inquisitors to men of their race. -Therefore they were driven to seek from Christ’s Vicar the protection -to which all Christians and true Catholics were entitled at his hands. - -[Illustration: - - _Photo by Lacoste._ - -FERDINAND OF ARAGON AND THE INFANTE DON JUAN. - -From the Painting in the Prado Gallery attributed to Miguel Zittoz.] - -They informed the Pontiff of the methods that were being pursued; -they set forth how the inquisitors in their eagerness to secure -convictions proceeded entirely upon their own initiative and without -the concurrence of the assessor and diocesan ordinary, as had been -prescribed; how they were departing from all legal form, imprisoning -unjustly, torturing cruelly and unduly, and falsely stigmatizing -innocent men as formal heretics, thereafter delivering them to the -secular arm for punishment, in addition to confiscating their property -so that their children were left in want and under the brand of infamy. - -The Pope gave ear to these plaints, convinced himself of their truth, -and made his protest to Ferdinand and Isabella. He announced in his -brief that he would have deprived the inquisitors of their office -but that he was restrained by consideration for the Sovereigns who -had appointed them; nevertheless, he was sending them a brief of -admonition, and should they again give cause for complaint he would -be constrained to depose them. In the meantime he revoked the faculty -given the Sovereigns of appointing inquisitors, protesting that when -conceding this he had not sufficiently considered that already there -were inquisitors in the Sovereigns’ dominions and that the General of -the Dominicans and the Spanish provincials of that order had the right -to make such appointments. The bull that he had granted was therefore -in opposition to that right, and would never have been granted had the -matter been sufficiently considered.[76] - - - - -CHAPTER IX - -THE SUPREME COUNCIL - - -The Sovereigns appear to have submitted without protest to this papal -interference and to the revocation of the faculty bestowed upon them of -nominating the inquisitors in their kingdom. This submission was hardly -to have been expected from their earlier attitude, but there are two -reasons, either or both of which may possibly account for it. - -It will be remembered that there was a considerable number of -New-Christians about the Court and in immediate attendance upon the -Queen, one of whom was her secretary Pulgar. What view Pulgar took of -the Seville proceedings we know, and it is not too much to assume that -his view was the view of all Christians of Jewish extraction. These -New-Christians and others may very well have urged upon the notice of -the Sovereigns the cruelties and injustices that were being practised, -drawing their attention to the decree that made innocent children -suffer for the offences of which their parents had been convicted--a -decree which, hideous enough when the parents were actually guilty, -became unspeakably hideous when that guilt was no more than presumed. - -In view of such representations the Sovereigns may have found the papal -rebuke unanswerable and the Pope’s action justified. - -Then, again, they may have taken into consideration the projected war -upon Granada, the last province of the peninsula remaining in Moorish -hands. Funds were urgently required for this campaign, and the -confiscations that were daily being effected by the Holy Office were -rapidly supplying these--for the early victims of the Inquisition, as -we know, were persons of great wealth and distinction.[77] - -Now the papal brief, whilst it cancelled the royal prerogative of -appointing inquisitors, did not attempt to divert the course of this -stream of confiscated property, nor, indeed, made any mention of -the matter. So that they may have hesitated to oppose themselves to -measures which they recognized as just and which continued to supply -them with the means for what they looked upon as a righteous crusade. - -Bigotry and acquisitiveness were again joining forces, and, united, -they must prove, as ever, irresistible. - -But on February 11, 1482, the Roman Curia issued another brief -addressed to the Sovereigns, wherein--entirely ignoring what already -had been written--it was announced that the General of the Dominicans, -Fr. Alonso de Cebrian, having represented to the Pope the need to -multiply the number of inquisitors in Spain, his Holiness had resolved -to appoint the said Fr. Alonso and seven other Dominicans to conduct -the affairs of the Holy Office in that kingdom, commanding them to -exercise their ministry in conjunction with the diocesan ordinary and -in accordance with the terms set forth in the briefs that were being -addressed to them.[78] - -One of the eight Dominicans mentioned by the Pope was Fr. Tomás de -Torquemada, who by now was become confessor to the King and to the -Cardinal of Spain. - -This brief, following so rapidly upon that which revoked the -Sovereigns’ power, may have caused Ferdinand and Isabella to look upon -it as the second move in an intrigue whose aim was to strengthen the -ecclesiastical arm in Spain to the detriment of the royal authority. - -On April 17 Sixtus sent the promised instructions to the inquisitors of -Aragon, Cataluña, Valencia, and Mallorca. These indicated a procedure -in matters of faith so contrary to common law, that no sooner did the -inquisitors attempt to carry them into execution than there was an -uproar which afforded Ferdinand grounds upon which to indite a protest -to the Holy Father. - -A reply came in the following October. Sixtus wrote that the briefs of -last April had been drawn up after conference with several members of -the Sacred College; that these cardinals were now absent from Rome, -but that on their return the matter should be further considered. -Meanwhile, however, in view of the results that had attended those -briefs, he was informing the inquisitors that they were exempt from -acting upon the terms set forth in them and instructing them to -proceed, as formerly, in co-operation with the diocesan ordinaries. - -But in the meantime, for all the Pope’s protest against the excessive -severity of the Seville tribunal, this severity continued so -undiminished, not only in Seville but also in the districts under -the jurisdiction of other inquisitors, that there was a continuous -emigration from Spain of the wealthy New-Christian families. Many -of these repaired to Rome to appeal to the Pontifical Courts and to -procure there an absolution which should accord them immunity from the -Spanish tribunals of the Holy Office. - -But even when this absolution was procured a large number of these -emigrants never thought of returning to Spain, considering it wiser to -settle in a country in which they were in less danger of persecution. - -Although it is certain that the Sovereigns can have had no prevision of -what actually was to happen as a consequence--though not in their own -day, nor for some time afterwards--although they may have been very -far from foreseeing that by driving out these energetic, industrious, -intelligent men they were depriving the country of the financially -able, wealth-producing element of the community--still they did -undoubtedly perceive what was immediately before them; and they began -to fear the possibility of their country’s being drained of its present -wealth if these emigrations were to continue. - -So Isabella wrote to the Pope entreating him to establish a court of -appeal in Spain, and thus dispose that proceedings started within the -kingdom could there be carried to their conclusion without the need -for these appeals to Rome. To this the Pope replied in affectionate -terms on February 23, 1483, promising to give the matter every -consideration.[79] - -Shortly thereafter he held a conference of the Spanish Cardinals, the -principal of whom in wealth, importance, and distinction was Roderigo -Borgia, Cardinal of Valencia. At this conference several provisions -were agreed upon, and these were embodied in the briefs dispatched from -the Vatican on May 25 following. - -The first of these was to the Sovereigns. It contained a gracious -assent to their petition, and exhorted them to be zealous in this -matter of the Faith, reminding them that Jehu had consolidated his -kingdom by the destruction of idolatry, and that the Sovereigns would -meet with the same good fortune, as already God was giving them many -victories over the Moors to reward their piety and the purity of their -faith. - -The second was to Iñigo Manrique, Archbishop of Seville (having -succeeded in this see to the Cardinal of Spain, who was now Archbishop -of Toledo), appointing him judge of appeal in _Causas de Fé_. - -The remaining briefs were addressed to the Archbishop of Toledo and -the other Spanish archbishops, commanding them, to the end that the -functions of the Inquisition should be discharged with integrity, -that in the event of there being in their ecclesiastical provinces any -bishops who were of Jewish descent, they should suavely admonish these -not to intervene in person in the proceedings of the Holy Office, but -to allow themselves to be represented by their principal officials, -provisors, and diocesan vicars-general--always provided that none of -these was of Jewish blood. - -This decree was natural enough, and there was some occasion for it, -considering the number of Spanish families of Jewish consanguinity as -a consequence of marriages between Christians and _conversos_--many -of these marriages having been contracted between Castilians of good -birth and the daughters of wealthy baptized Jews. It is a decree that -entirely contradicts Pulgar’s assertion that Torquemada was of Jewish -extraction. - -The appointment of Manrique as judge of appeal was a very brief one, -nor did it work satisfactorily and accomplish what the Queen desired. -In the following August came another papal brief, stating that, -notwithstanding that appointment, fugitive New-Christians from the -Archbishopric of Seville continued to arrive in Rome and to make their -appeals to the Apostolic Courts, protesting that they dared not address -these to the appointed tribunal in Seville, for fear of being treated -with excessive rigour. - -Many stated that, by virtue of the ban against them for having left -the city, they were fearful of being flung into prison unheard. Many, -again, had already been tried during their absence and burnt in effigy, -and they were apprehensive that if they returned their appeals would -be refused a hearing, and they would be sent at once to the flames in -execution of the sentence already pronounced against them. - -Therefore the Pope now ordered Manrique to admit to reconciliation -all who might seek it, in despite of any judgment or sentence already -passed upon them. - -Had these commands prevailed, the destruction wrought by the -Inquisition would have been considerably reduced, since none could -have suffered but the persistent apostate. The brief, however, does -not appear to have been even dispatched. No sooner was its merciful -decree indited than it was regretted and retracted. Eleven days later -Sixtus wrote to Ferdinand acquainting him with the terms of that brief -which had been intended for Manrique, but explaining that these had not -been sufficiently considered, and that, therefore, he was retaining it -whilst fresh measures were deliberated. - -The position must have been growing intolerable to the Sovereigns, -for the Holy Office in Spain, directed in this fashion from Rome, was -governed by unstable and ever-shifting elements that were eminently -disturbing to the State--particularly now that the Inquisition was -growing rapidly in importance. Therefore Isabella wrote again, -imploring the Holy Father to give that institution a settled form. To -this the Pope acceded, perhaps himself aware of the necessity for the -thing requested. A head was necessary for the consolidated institution -it was now proposed to form, and Frey Tomás de Torquemada, from what -was known of his life, his character, and his ability, was judged to be -the man to fill this important office. Accordingly he was recommended -to Sixtus by the Sovereigns, and he received his appointment from the -Pope, first as Grand Inquisitor for Castile, and soon after (by the -bull of October 17, 1483) his jurisdiction was extended to include -Aragon; so that he found himself at the head of the Holy Office in -Spain, and invested with the fullest powers. It was his to elect, -depose, and replace subaltern inquisitors at his will, and the -jurisdiction of all those he appointed was subject to and dependent -upon himself.[80] - -Llorente says of him: “The result accredited the election. It seemed -almost impossible that there should be another man so capable of -executing the intentions of King Ferdinand to multiply confiscations, -the intentions of the Roman Curia to propagate its jurisdiction -and pecuniary maxims, and the intentions of the projectors of the -Inquisition and its Autos de Fé to inspire terror.”[81] - -With his elevation to that important position--a position whose -importance his own energy and determination were to increase until -his power in the land should almost rival that of the Sovereigns -themselves--the Spanish Inquisition enters now upon a new phase. Under -the jurisdiction and control of that stern-souled, mild-eyed ascetic, -the entire character of the Holy Office is transformed. - -Immediately upon his appointment he set about reconstituting it so that -it should be in harmony with the wishes of the Sovereigns. To assist -him he appointed as his assessors the jurisconsults Juan Gutierrez de -Lachaves and Tristan de Medina, and he proceeded to establish four -permanent tribunals: one in Seville, under Morillo and San Martin, -whom he left undisturbed in their office, but subject to the new rules -which he laid down for the transaction of affairs; one in Cordova, -under Pedro Martinez de Barrio and Anton Ruiz Morales, with Fr. Martin -de Caso as assessor; one in Jaen, under Juan Garcia de Cañas and Fr. -Juan de Yarza; and one in Villa Real,[82] which shortly afterwards was -transferred to Toledo, under Francisco Sanchez de la Fuente and Pedro -Dias de Costana. - -In addition to these he appointed other inquisitors who, without being -attached to any permanent tribunal, were to proceed wherever he should -direct them as occasion arose to set up temporary courts. - -In Toledo, Valladolid, Avila, Segovia, and other cities there were -inquisitors already of the Pope’s appointing. Some of these failed to -show the complete submission to his orders which Torquemada demanded, -with the result that they were promptly deposed and their places filled -by others whom he nominated. Those who manifested obedience to his rule -he confirmed in their appointments, but usually he sent a nominee of -his own to act in conjunction with them. - -Torquemada himself remained at Court; for now that the Inquisition was -established upon its new footing it became necessary that he should -be in constant communication with the Sovereigns for whom he acted. -Consultations were necessary on the score of the measures to be taken -for the administration of what was rapidly become a corporation of -great importance in the realm. From this it presently resulted that -to the four royal councils already in existence for the conduct of -the affairs of the kingdom, a fifth was added especially to deal -with inquisitorial matters. Whether the suggestion emanated from the -Sovereigns or from Torquemada, there are no means of ascertaining, nor -does it greatly signify. - -This Supreme Council of the Inquisition was established in 1484. -It consisted of three royal councillors: Alonso Carillo, Bishop of -Mazzara, Sancho Velasquez de Cuellar, and Poncio de Valencia, all -doctors of laws, and of Torquemada’s two assessors. To preside over -this “Suprema”--as the council came to be called--Torquemada was -appointed, thus enormously increasing the power and influence which -already he wielded. - -The three royal councillors had a definite vote in all matters -that appertained to the jurisdiction of the Sovereigns; but in all -matters of spiritual jurisdiction, which was vested entirely in -the Grand Inquisitor by the papal bull, their votes were merely -consultative--amounting to no more than an expression of opinion. - -It was Torquemada’s desire that his subordinates should act with -absolute uniformity in the discharge of the duties entrusted to them, -and that the courts of the Holy Office throughout Spain should one and -all be identical in their methods of procedure, the instruments of his -will and the expression of his conceptions. With this end in view he -summoned the inquisitors by him appointed to the Tribunals of Seville, -Cordova, Jaen, and Villa Real to confer with him and his assessors and -the royal councillors. - -The assembly took place in Seville on October 29, and its business -was the formulation of the first instructions of Torquemada for the -guidance of all inquisitors. - -In the library of the British Museum there is a vellum-bound copy of -the edition of this code, which was subsequently published at Madrid -in 1576.[83] It contains, in addition to Torquemada’s articles of -1484 and subsequent years, others added by his successors, and there -are marginal notes giving the authorship of each. The work is partly -printed, partly in manuscript, and a considerable number of pages -remain in blank, that further instructions may be filled in as the need -occurs. The printed matter is frequently underscored by the pen of one -or another of the inquisitors through whose hands this copy passed -during its active existence. - -The twenty-eight articles compiled by Torquemada at the assembly of -1484, and constituting his first “Instructions for the Governance of -the Holy Office,” demand a chapter to themselves. - - - - -CHAPTER X - -THE JURISPRUDENCE OF THE HOLY OFFICE--THE FIRST “INSTRUCTIONS” OF -TORQUEMADA - - -The first manual for the use of inquisitors was probably written -somewhere about 1320. It was the work of the Dominican friar Bernard -Gui--“Practica Inquisitionis Heretice Pravitatis--Bernardo Guidonis, -Ordinis Fratrum Predicatorum”--and it summarised the experience -gathered during a hundred years by the inquisitors of Southern France. - -It is divided into five parts. The first three are directly concerned -with procedure, and the formulæ are given for every occasion--citation, -arrest, pardon, commutation, and sentence--with the fullest particulars -for the guidance of inquisitors. The fourth part treats of the -powers vested in the tribunal of the Inquisition, and cites the -authorities--_i.e._ the decrees of pontiffs and of councils. The fifth -part surveys and defines the various heretical sects of Gui’s day, -gives particulars of the doctrines, rites, and ceremonies by which each -one may be known, and lays down methods by which heretical guile may be -circumvented in examination. - -The work was used by French inquisitors in general and those of -Toulouse in particular, and it is more than probable that it inspired -Nicolaus Eymeric to compile his voluminous “Directorium Inquisitorum” -towards the middle of the fourteenth century. - -Nicolaus Eymeric was Grand Inquisitor of Aragon, and he prepared his -directory, or manual of procedure, as a guide for his confrères in the -business of prosecuting those guilty of heretical pravity. - -The work circulated freely in its manuscript form, and it was one -of the first to be printed in Barcelona upon the introduction of -the printing-press, so that in Torquemada’s day copies were widely -diffused, and were in the hands of all inquisitors in the world. - -The bulk of the “Directorium” is little more than a compilation. It is -divided into three parts. The first lays down the chief Articles of the -Christian Faith; the second is a collection of the decretals, bulls, -and briefs of the popes upon the subject of heretics and heresies, -and the decision of the various councils held to determine matters -connected with heretics and their abettors, sorcerers, excommunicates, -Jews and infidels; the third part, which is Eymeric’s own contribution -to the subject, deals with the manner in which trials should be -conducted, and gives a detailed list of the offences that come under -the jurisdiction of the Holy Office. - -It may be well before proceeding further to give a résumé of the -grounds upon which the Inquisition instituted proceedings, as set forth -in the “Directorium.” - - * * * * * - -All heretics in general are subject to the animadversions of the Holy -Office; but there are, in addition, certain offenders who, whilst not -exactly guilty of heresy, nevertheless render themselves justiciable by -the Inquisition. These are: - -BLASPHEMERS who in blaspheming say that which is contrary to the -Christian Faith. Thus, he who says, “The season is so bad that God -Himself could not give us good weather,” sins upon a matter of faith. - -SORCERERS AND DIVINERS, when in their sorceries they perform that -which is in the nature of heresy--such as re-baptizing infants, -burning incense to a skull, etc. But if they confine their sorceries -to foretelling the future by chiromancy or palmistry, by drawing the -short straw, or consulting the astrolabe, they are guilty of simple -sorcery, and it is for the secular courts to prosecute them. - -Amongst the latter are to be placed those who administer love-philtres -to women. - - * * * * * - -DEVIL-WORSHIPPERS: Those who invoke devils. These are to be divided -into three classes: - - (_a_) Those who worship the devil, sacrificing to him, - prostrating themselves, singing prayers and fasting, burning - incense or lighting candles in his honour. - - (_b_) Those who confine themselves to offering a _Dulie_ or - _Hyperdulie_ cult to Satan, introducing the names of devils - into the litanies. - - (_c_) Those who invoke the devil by tracing magic figures, - placing an infant in a circle, using a sword, a bed, or a - mirror, etc. - -In general it is easy to recognize those who have dealings with devils -on account of their ferocious aspect and terrible air. - -The invocation in any of the three manners cited is always a heresy. -But if the devil should only be asked to do things that are of his -office--such as to tempt a woman to the sin of luxury--provided that -this is done without adoration or prayer, but in terms of command, -there are authors who hold that in such cases the person so proceeding -is not guilty of heresy. - -Amongst those who invoke devils are astrologers and alchymists, who -when they do not succeed in making the discoveries they seek never fail -to have recourse to the devil, sacrificing to him and invoking him -expressly or tacitly. - -JEWS AND INFIDELS: The first when they sin against their religion -in any of the articles of faith that are the same with them as with -us--_i.e._ that are common alike to Jew and to Christian--or when they -attack dogmas that are, similarly, common to both creeds. - -As for infidels, the Church and the Pope, and consequently the -Inquisition, may punish them when they sin against the laws of -nature--the only laws they know. - -Jews and infidels who attempt to pervert Christians are also regarded -as abettors or _fautores_. - -In spite of the prohibition to succour a heretic, a man would not be -regarded as an abettor who gave food to a heretic dying of hunger, -since it is possible that if spared the latter might yet come to be -converted. - -EXCOMMUNICATES who remain in excommunication during a whole year, by -which are to be understood not merely those who are excommunicate as -heretics, or abettors of heretics, but excommunicate upon any grounds -whatsoever. In fact, the indifference to excommunication renders them -suspect of heresy. - -APOSTATES.--Apostate Christians who become Jews or Mohammedans (these -religions not being heresies), even though they should have apostatized -through fear of death. The fear of torture or death not being one that -can touch a person who is firm in the Faith, no apostasy is to be -excused upon such grounds.[84] - - * * * * * - -With the “Directorium” of Eymeric before him, Torquemada set to work -to draw up the first articles of his famous code. Additions were to -be made to it later, as the need for such additions came to be shown -by experience; but no subsequent addition was of the importance of -these original twenty-eight articles. They may be said to have given -the jurisprudence of the Spanish Inquisition a settled form, which -continued practically unchanged for over three hundred years after -Torquemada’s death. - -A survey of these articles and of the passages from Eymeric that have -a bearing upon them, together with some of the annotations of the -scholiast Francesco Pegna,[85] should serve to convey some notion of -the jurisprudence of the Holy Office and of the extraordinary spirit -that inspired and governed it--a spirit at once crafty and stupid, -subtle and obvious, saintly and diabolical, consistent in nothing--not -even in cruelty, for in its warped and dreadful way it accounted itself -merciful, and not only represented but believed that its aims were -charitable. It practised its abominations of cruelty out of love for -the human race, to save the human race from eternal damnation; and -whilst it wept on the one hand over the wretched heretic it flung to -the flames, it exulted on the other in the thought that by burning -one who was smitten with the pestilence of heresy it saved perhaps a -hundred from infection and from purging that infection in an eternity -of hell-fire. - -They are rash who see hypocrisy in the priestly code that is to follow. -Hypocrites there may have been, there must have been, and many; such a -system was a very hotbed of hypocrisy. Yet the system itself was not -hypocritical. It was sincere, dreadfully, tragically, ardently sincere, -with the most hopeless, intolerable, and stupid of all sincerity--the -sincerity of fanaticism, which destroys all sense of proportion, and -distorts man’s intellectual vision until with an easy conscience he -makes of guile and craft and falsehood the principles that shall enable -him to do what he conceives to be his duty by his fellow-man. - -The doctrine of exclusive salvation was the source of all this evil. -But that doctrine was firmly and sincerely held. Torquemada or any -other inquisitor might have uttered the words which an inspired poet -has caused to fall from the lips of Philip II.: - - “The blood and sweat of heretics at the stake - Is God’s best dew upon the barren field.”[86] - -And he would have uttered them with a calm and firm conviction, assured -that he did no more than proclaim an obvious truth which might serve -him as a guide to do his duty by man and God. For all that he did he -could find a commandment in the Scriptures. Was burning the proper -death for heretics? He answered the question out of the very mouth of -Christ, as you shall see. Should a heretic’s property be confiscated? -Eymeric and Paramo point to the expulsion of Adam and Eve from Eden as -a consequence of their disobedience--the first of all heresies--and ask -you what was that but confiscation. Is it proper to impose a garment of -shame upon those convicted of lesser heresies, or upon penitents who -are reconciled? Paramo will answer you that Adam and Eve wore skins -after their fall, and implies that this is a proper precedent for the -infamous _sanbenito_. - -And so on: Moses, David, John the Baptist, and the gentle Saviour -Himself are made to afford reason for this course and for that, as the -need arises, and each reason is more grotesque than the other, until -you are stunned by the blows of these clumsy arguments. You cease to -wonder that the translation of the Bible was forbidden, that its study -was inhibited. If those who were learned in theology could interpret it -so extravagantly, what might not the unlearned achieve? - -But let us pass on to the consideration of Torquemada’s code. - - -ARTICLE I - - Whenever inquisitors are appointed to a diocese, city, village, - or other place which hitherto has had no inquisitors, they - shall--after having presented the warrants by which they are - empowered to the prelate of the principal church and to the - governor of the district--summon by proclamation all the people - and convoke the clergy. They shall appoint a Sunday or holiday - upon which all are to assemble in the cathedral or principal - church to hear a sermon of the Faith. - - They shall contrive that this sermon is delivered by a good - preacher or by one of the actual inquisitors, as they deem - best. Its aim shall be to expound the capacity in which they - are there, their powers, and their intentions. - - - - - COPILACION - DE LAS INSTRVCIONES DEL - Officio de la sancta Inquisicion, hechas por - el muy Reuerendo Señor Fray Thomas de Torquemada, Príor del - Monasterio de sancta Cruz de Segouia, primero Inquisidor - general de los Reynos y Señorios de España. - - -E POR LOS OTROS REVERENDISSIMOS SENO-_res Inquisidores generales -que despues succedieron, cerca de la orden que se ha de tener en el -exercicio del Sancto Officio. Donde van puestas successiuamente por su -parte todas las Instructiones que tocan a los Inquisidores. E a otra -parte, las que tocan a cada vno delos Officiales y Ministros del sancto -Officio: las quales se copilaron en la manera que dicha es, por mandado -del Illustrissimo y Reuerendissimo señor don Alonso Manrrique, Cardenal -de los doze Apostoles, Arçobispo de Seuilla Inquisidor General de -España.:._ - -[Illustration: - -EN MADRID, - -En casa de Alonso Gomez, Impressor de su Magestad. Año. 1576. - -TITLE-PAGE OF THE FIRST PRINTED EDITION OF THE “INSTRUCTIONS” OF -TORQUEMADA. - - _Photo by Donald Macbeth_ - -Upon the conclusion of this sermon the inquisitors shall order all -faithful Christians to come forward and make oath upon the Cross and -the Gospels to favour the Holy Inquisition and its ministers, and to -offer them no impediment directly or indirectly in the prosecution of -their mission. - -This oath shall be specially imposed upon the governors or other -justiciaries of the place, and it shall be witnessed by the notaries of -the inquisitors. - - -ARTICLE II - - After the conclusion of the said sermon the inquisitors shall - order to be read and published an admonition with censures - against those who are rebellious or who contest the power of - the Holy Office. - - -ARTICLE III - - After the conclusion of the said sermon the inquisitors shall - publish an edict granting a term of grace, of thirty or forty - days--as they may deem proper--so that all persons who have - fallen into the sin of heresy or apostasy, who have observed - Jewish rites or any other that are contrary to the Christian - Religion, may come forward to confess their sins, assured that - if they do so with a sincere penitence, divulging all that is - known to them or that they remember, not only of their own sins - but also of the sins of others, they shall be received with - charity. - - They shall be subjected to a salutary penance, but they shall - not suffer death, imprisonment, or confiscation of their - property, nor shall they in any way be mulcted unless the - inquisitors, in consideration of the quality of the penitents - and of the sins they confess, should think well to impose some - pecuniary penance upon them. - - Concerning this grace and mercy that their Highnesses consider - well to accord to those who are reconciled, the Sovereigns - order the delivery of letters-patent, bearing the royal seal, - whose tenor shall be included in the published edict. - -It is sufficiently plain, from the terms of this article, that the -edict of grace was published by royal command, and that it was not, -as Garcia Rodrigo represents it, a merciful dispensation spontaneously -emanating from the Holy Office. - - -ARTICLE IV - - Self-delators shall present their confessions in writing to the - inquisitors and their notaries with two or three witnesses who - shall be officers of the Inquisition or other upright persons. - - Upon receipt of this confession by the inquisitors, let the - oath be administered to the penitents in legal form, not only - concerning the matters confessed but concerning others that - may be known to them and upon which they may be questioned. - Let them be asked how long it is since they Judaized or - otherwise sinned against the Faith, and how long it is since - they abandoned their false beliefs, repented, and ceased to - observe those ceremonies. Next let them be examined upon the - circumstances of the matters confessed, that the inquisitors - may satisfy themselves that these confessions are true. - Especially let them be questioned as to what prayers they - recite, where they recite them, and with whom they have been in - the habit of assembling to hear the law of Moses preached. - - -ARTICLE V - - Self-delators who seek reconciliation to Holy Mother Church - shall be required publicly to abjure their errors, and penance - shall publicly be imposed upon them at the discretion of the - inquisitors, using mercy and kindness as far as it is possible - for them to do so with an easy conscience. - - The inquisitors shall admit none to secret penance and - recantation unless his sin shall have been so secret that none - else knows or could know of it save his confessor; such a one - all inquisitors may reconcile and absolve in secret. - -Llorente says that the admission to secret penance was a source of much -gold to the Roman Curia, as thousands appealed to the Pope offering a -secret confession and firm purpose of amendment if secretly absolved, -for which a papal brief was necessary. - -A word must here be said on the score of ABJURATION. It was the amende -provided by Eymeric[87] for those who by their speech or conduct -should have fallen into suspicion of heresy; those, for instance, who -abstained from the sacraments imposed by Mother Church being liable to -this suspicion. - -There were three degrees of suspicion into which a man might fall: -light, vehement, and violent. The abjuration required was practically -the same in all three cases, but the punishment imposed upon the -abjurer varied according to the degree. This abjuration must be -publicly made in church before the assembled people, the suspects -being placed--like all penitents or convicts of heresy--upon a raised -platform in full view of the assembled faithful. The inquisitor would -read out the Articles of the Christian Faith, and a list of the -principal errors against it, laying particular stress upon those errors -of which the penitents were suspected, and which they were required to -abjure with both hands upon the Gospels, and according to the formula -laid down by Eymeric. - -Those who are suspected lightly (_leviter_) are admonished that should -they again fall into error they will be abandoned to the secular arm -for punishment. With that admonition, and the imposition of a penance -which may take the form of fasts, prayers, or pilgrimages, they are -dismissed. - -Those suspected vehemently (_vehementer_) are similarly admonished, -but in addition they may be sent to prison for a time, whereafter they -must undergo a heavy penance, such as standing on certain days at the -door of the principal church or near the altar during the celebration -of Mass holding a candle--but not wearing a _sanbenito_, as, properly -speaking, they are not heretics--or they may be sent upon a pilgrimage. - -He who is violently suspected (_violenter_) shall be absolved of the -excommunication incurred, but as his crime may not go unpunished, and -to the end that he may suffer less severely in the next world, he is -sentenced to a term of imprisonment, whereafter he shall be condemned -to stand at the church door during the great feasts of the year wearing -the penitential scapulary known as the _sanbenito_, that all may be -made aware of his infamy. - -After passing sentence, the inquisitor shall admonish the penitent in -these terms: - -“My dear Son, be patient and do not despair; if we observe in you -the signs of contrition we shall soften your penance; but beware of -departing from what we have prescribed for you; should you do so you -shall be punished as an impenitent heretic.” - -The punishment for the impenitent was, of course, the fire. - -The inquisitor shall conclude the ceremony by granting an indulgence of -forty days to all who have attended it and an indulgence of three years -to those who shall have taken part in it. - -The sentence of prison, with its bread-and-water diet, might be -relaxed; but never that of the _sanbenito_, which is considered by -Eymeric--and inquisitors generally--as the most salutary of penances -for him that undergoes it and the most edifying to the public generally. - -The self-delators admitted by Torquemada to abjuration were treated as -suspects of the first degree--_leviter_. - - -ARTICLE VI - - Inasmuch as heretics and apostates (although they return to - the Catholic Faith and become reconciled) are infamous at law, - and inasmuch as they must perform their penances with humility - and sorrow for having lapsed into error, the inquisitors shall - order them not to hold any public office or ecclesiastical - benefice, and they shall not be lawyers or brokers, - apothecaries, surgeons or physicians, nor shall they wear gold - or silver, coral, pearls, precious stones or other ornaments, - nor dress in silk or camlett, nor go on horseback nor carry - weapons all their lives, under pain of being deemed relapsed - (_relapsos_) into heresy, as must all be considered who after - reconciliation do not carry out the penances imposed upon them. - -This decree was no more than the revival of the enactment made a -century and a half earlier by Alfonso XI in the code known as the -Partidas, which had mercifully been allowed to fall into desuetude. It -was, Llorente tells us, a considerable source of wealth to the Roman -Curia. Frequent appeals for “rehabilitation” were made in consequence, -and accorded under an apostolic brief whose heavy charges the -appellants were required to defray. - -Torquemada mercifully stops short of ordering the self-delators to wear -the _sanbenito_. Even so, however, by decreeing that they must wear -no garments of silk or wool, and therefore none but the very plainest -raiment, unadorned by any precious metal or jewel--not to mention the -prohibition to use weapons or go on horseback--he imposed upon them a -garb that was only some degrees removed from the penitential sack and -served the same purpose of marking them out for infamy. - -The wearing of the _sanbenito_, too, was a custom that had fallen -somewhat into desuetude. But the ascetic Torquemada was not the man -to allow a form of penance accounted so very salutary to continue -neglected. He revived and extended the use of it, adding innovations -of his own, so that it came to be imposed not only upon condemned -heretics, but upon the reconciled--other than self-delators--and upon -suspects, who were required to wear it during the abjuration ceremony. - -This odious garment, its origin and history, shall presently be more -fully considered. - - -ARTICLE VII - - As the crime of heresy is a very heinous one, it is desired - that the reconciled may realize by the penances imposed - upon them how gravely they have offended and sinned against - Our Lord Jesus Christ. Yet, as it is our aim to treat them - very mercifully and kindly, pardoning them from the pain of - fire and perpetual imprisonment, and leaving them all their - property should they, as has been said, come to confess their - errors within the appointed time of grace, the inquisitors - shall, in addition to the penances imposed upon the said - reconciled, order them to bestow as alms a certain portion of - their property, according to the position of the penitent and - the gravity of the crimes confessed. These pecuniary penances - shall be applied for the Holy War which the most serene - Sovereigns are making upon the Moors of Granada, enemies of - our Holy Catholic Faith, and to other pious works that may - be undertaken. For just as the said heretics and apostates - have offended against Our Lord and His Holy Faith, so, after - re-incorporation in the Church, it is just that they should - bear pecuniary penances for the defence of the Holy Faith. - - These pecuniary penances shall be at the discretion of the - inquisitors; but they shall be guided by the tariff given - them by the Reverend Father Prior of Holy Cross (_i.e._ by - Torquemada). - -It was no inconsiderable proportion of their property that was required -of them, as may be seen from the penance of “alms” for the war against -Granada imposed upon those who were reconciled in Toledo two years -later; one-fifth of their property being demanded.[88] - - -ARTICLE VIII - - Should any person guilty of the said crime of heresy fail - to present himself within the appointed period of grace, - but come forward voluntarily after its expiry and make his - confession in due form before having been arrested or cited - by the inquisitors, or before the inquisitors shall have - received testimony against him, such person shall be received - to abjuration and reconciliation in the same manner as those - who presented themselves during the term of the said edict, - and he shall be submitted to penances at the discretion of - the inquisitors. But such penances shall not be pecuniary - because his property is confiscate [_so that his admission to - abjuration is not quite upon the same terms_]. - - But if at the time of his coming to confess and seek - reconciliation, the inquisitors should already be informed by - witnesses of his heresy or apostasy, or should already have - cited him to appear before the Court to answer the charge, - in such a case the inquisitor shall receive the penitent to - reconciliation--if he entirely confesses his own errors and - what he knows of the errors of others--and shall impose upon - him heavier penances than upon the former, even up to perpetual - imprisonment should the case demand it. - -This is merely one of those quibbles that permeate this jurisprudence. -The article in this last respect is so framed as to make it appear -that under such circumstances the inquisitors would be acting more -mercifully than against an accused heretic; but the latitude of -punishment is such that they need display no such mercy--perpetual -imprisonment being the punishment prescribed for any heretic (who is -not “relapsed”) seeking reconciliation. - - But no persons who shall come to confess after expiry - of the period of grace shall be subjected to pecuniary - penances--unless their Highnesses should mercifully condescend - to remit all or portion of the confiscation incurred by those - so reconciled. - -This last clause seems rather in the nature of a provision against any -merciful weakness on the Sovereigns’ part. - - -ARTICLE IX - - If any children of heretics having fallen into the sin of - heresy by indoctrination of their parents, and being under - twenty years of age, should come to seek reconciliation and - to confess the errors they know of themselves, their parents - and any other persons, even though they should come after the - expiry of the term of grace, the inquisitors shall receive them - kindly, imposing penances lighter than upon others in like - case, and they shall contrive that these children be tutored in - the Faith and the Sacraments of Holy Mother Church, as they are - to be excused upon the grounds of age and education. - -They are not, however, to be excused to the extent of enjoying any of -their parents’ property. That is confiscate by virtue of the parents’ -heresy; and by virtue of that same heresy on the part of their parents -these children and their own children must remain under the ban of -infamy, inhibited from wearing gold or silver, etc., and from holding -any office under the crown or any ecclesiastical benefice. It seems -almost ironical to talk of imposing light penances upon wretches who -are automatically subject to such penalties as these. But by that -“light penance” Llorente conceives would be meant their wearing a -_sanbenito_ for a couple of years, appearing in it at Mass and being -paraded in it in processions. - - -ARTICLE X - - Persons guilty of heresy and apostasy, by the fact of their - having fallen into these sins, incur the loss of all their - property and the administration of it, counting from the - day when first they offended, and their said property is - confiscate to their Highnesses’ treasury. But in the matter - of ecclesiastical pains in the case of those reconciled, the - inquisitors in pronouncing upon them shall declare them to be - heretics, apostates, or observers of the rites and ceremonies - of the Jews; but that since they seek conversion with a pure - heart and true faith, and they are ready to bear the penances - that may be imposed, they shall be absolved and reconciled to - Holy Mother Church. - -The object of this article is really to make the act of confiscation -retrospective where necessary, so as to circumvent any who should -attempt, by alienation of his property, to avoid its confiscation. -Since the confiscation was incurred upon the date of the first offence -against the Faith, the inquisitors were to trace any property that -might subsequently have been disposed of by the delinquent, and even -should it have gone to the paying of debts or the endowment of a -daughter married to one who was an old and “clean” Christian, the Holy -Office must seize and confiscate it to the Royal Treasury. - - -ARTICLE XI - - If any heretic or apostate who shall have been arrested upon - information laid against him should say that he desires - reconciliation and confess all his faults, what Jewish - ceremonies he may have observed, and what is known to him - of the faults of others, entirely and without reservations, - the inquisitors shall admit him to reconciliation subject to - perpetual imprisonment as by law prescribed. But should the - inquisitors, in conjunction with the diocesan ordinary, in - view of the contrition of the offender and the quality of his - confession, think well to commute this penance to another - lighter one, they shall have faculty so to do. - - It seems that this should take place chiefly if the heretic at - the first sitting of the court, or upon his first appearance - before it, without awaiting the declaration of his offences, - should announce his desire to confess and abjure; and such - confession should be made before there is any publication of - witnesses or of the matters urged by them against him. - - -ARTICLE XII - - Should the prosecution of an accused have been conducted to the - point of the publication of witnesses and their depositions, - but should he then confess his faults and beg to be admitted - to reconciliation, desiring formally to abjure his errors, - the inquisitors shall receive him to the said reconciliation - subject to perpetual imprisonment, to which they shall sentence - him--save if in view of his contrition and other attendant - circumstances the inquisitors should have cause to consider - that the reconciliation of such a heretic is simulated; in such - case they must declare him an impenitent heretic and abandon - him to the secular arm: all of which is left to the conscience - of the inquisitors. - -“Abandonment to the secular arm” is, as shall presently be considered, -the ecclesiastical equivalent to a sentence of death by fire. - -The term “publication of witnesses” must not be accepted literally. -What it really meant will become clear upon reading Article XVI, -which was specially framed by Torquemada to modify and limit this -time-honoured custom of civil and ecclesiastical courts. - - -ARTICLE XIII - - If any of those who are reconciled during the period of grace - or after its expiry should fail to confess all their own sins - and all that they know of the sins of others, especially - in grave cases, and should such omission arise not from - forgetfulness but from malice, as may afterwards be proved - by witnesses, since it is clear that the said reconciled - have perjured themselves, and it must be presumed that their - reconciliation was simulated, although they may have been - absolved let them be proceeded against as impenitent heretics - as soon as the said fiction and perjury are discovered. - - Similarly if any person reconciled at the time of the edict of - grace or afterwards, shall boast himself in public in such a - manner that this can be proved, saying that he did not commit - the sins to which he confessed, he must be deemed impenitent - and a simulated convert, and the inquisitors shall proceed - against him as if he were not reconciled. - - -ARTICLE XIV - - If any, upon being denounced and convicted of the sin of - heresy, shall deny and persist in his denial until sentence - is passed, and the said crime shall have been proved against - him, although the accused should confess the Catholic Faith - and assert that he has always been and is a Christian, the - inquisitors must declare him a heretic and so sentence him, for - juridically the crime is proved, and by refusing to confess his - error the convict does not permit the Church to absolve him and - use him mercifully. - - But in such cases the inquisitors should proceed with - great care in their examination of the witnesses, closely - cross-questioning them, gathering information on the score of - their characters, and ascertaining whether there exist motives - why they should depone out of hatred or ill-will towards the - prisoner. - - -ARTICLE XV - - If the said crime of heresy or apostasy is half-proven - (_semiplenamente provado_) the inquisitors may deliberate upon - putting the accused to the torture, and if under torture he - should confess his sin, he must ratify his confession on one - of the following three days. If he does so ratify he shall be - punished as convicted of heresy; if he does not ratify, but - revokes his confession as the crime is neither fully proved - nor yet disproved, the inquisitors must order, on account of - the infamy and presumption of guilt of the accused, that he - should publicly abjure his error; or the inquisitors may repeat - the torture. - -There is nothing in this article that may be considered as a departure -from or an enlargement upon any of the rules laid down by Eymeric in -his “Directorium,” as we shall see when we come to deal with this -gruesome subject of torture. - -It is urged by apologists that, when all is said, the torture to which -the inquisitors had recourse, and, similarly, the punishment of death -by fire, were not peculiarly ecclesiastical institutions; that they -were the ordinary civil methods of dealing with offenders, and that in -adopting them the Church had simply conformed, as was her custom, with -that which was by law prescribed. - -It is quite true that originally these were the methods by which the -secular tribunals proceeded against those who sinned against the Faith. -But it must also be borne in mind that if the civil authorities so -proceeded they implicitly obeyed the bull “ad extirpanda” of Sixtus IV, -which imposed this duty upon them under pain of excommunication. - -Owing to the inconvenience that attended this procedure in so far as -torture and questions upon matters of Faith were concerned, it was -later accounted desirable that the inquisitors themselves should take -charge of it. They were enjoined, however, to see to it that there -should be no shedding of blood or loss of life, since it was against -the Christian maxims that a priest should be guilty of such things. So -that when by misadventure it happened that blood was shed or a patient -died under the hands of the torturers, the inquisitor conducting the -examination became guilty of an irregularity. For this he must seek -absolution at the hands of a brother cleric; and the inquisitors were -informed--to make matters easier for them and to spare them anxieties -in this matter--that they had the right to absolve one another under -such circumstances. - -But even if we fully admit that the use of torture--and similarly of -fire--had been secular institutions of which the Church had simply -availed herself as the only methods that commended themselves in such -an age, it must still be held against the inquisitors that these -methods were by no means tempered or softened in their priestly hands. - - -ARTICLE XVI - - It being held that the publication of the names of witnesses - who depone upon the crime of heresy might result in great - harm and danger to the persons and property of the said - witnesses--since it is known that many have been wounded and - killed by heretics--it is resolved that the accused shall not - be supplied with a copy of the depositions against him, but - that he shall be informed of what is declared in them, whilst - such circumstances as might lead to the identification of the - deponents shall be withheld. - - But the inquisitors must, when proof has been obtained from - the examination of the witnesses, publish these depositions, - withholding always the names and such circumstances as might - enable the accused to learn the identity of the witnesses; and - the inquisitors may give the accused a copy of the publication - in such form [_i.e._ truncated] if he requires it. - - If the accused should demand the services of an advocate, he - shall be supplied. The advocate must make formal oath that he - will faithfully assist the accused, but that if at any stage - of the pleadings he shall realize that justice is not on his - side, he shall at once cease to assist the delinquent and shall - inform the inquisitors of the circumstance. - - The accused shall pay out of his own property, if he have any, - the services of the advocate; if he have no property, then the - advocate shall be paid out of other confiscations, such being - the pleasure of their Highnesses. - -It is extremely doubtful if a more flagrant departure from all the laws -of equity would be possible than that which is embodied in Torquemada’s -enactment on the subject of witnesses. - -The notion of an accused hearing nothing of what is deposed against -him, of his not even being informed of the full extent of such -depositions nor yet confronted with his accusers, is beyond a doubt one -of the most monstrously unjust features of this tribunal. And by taking -the fullest advantage of that enactment and reducing the proceedings to -a secrecy such as was never known in any court, the inquisitors were -able to inspire a terror which was even greater than that occasioned by -the fires they fed with human fuel at their frequent Autos. - -Torquemada based this enactment upon the caution laid down by Eymeric -on the score of divulging the names of witnesses. But Eymeric went -no further than to say that these names should be suppressed where a -possibility of danger to the delators lay in their being divulged. The -accused, however, might have the full record of the proceedings read to -him, and he might infer for himself who were his accusers. There was no -question in Eymeric of any truncations. - -Torquemada’s aim is perfectly clear. It was not based, as is said -in the article, upon concern for any danger that the delators might -incur. For, after all, it shall be made plain before we conclude the -survey of inquisitorial jurisprudence, that the wounding or even the -death of those witnesses would be regarded (professedly, at least) as -an enviable thing; they would be suffering for the Faith, and thus -qualifying for the immortal crown of martyrdom. Rather was Torquemada’s -object to remove all fear that might trammel delators and stifle -delations. The delator must be protected solely to the end that other -delators might come forward with confidence to inform against secret -heretics and apostates, so that the activities of the Holy Office -should suffer no curtailment. - -Trasmiera, a later inquisitor, in the course of an eulogium of -secrecy, speaks of it as “the pole upon which the government of the -Inquisition is balanced, calling for the veneration of the faithful; -it facilitates the delations of witnesses, and it is the support and -foundation of this tribunal; once deprived of it, the architecture of -the edifice must undoubtedly give way.”[89] - -The clause relating to advocates is founded upon the ancient -ecclesiastical law which forbade an advocate to plead for heretics. His -being enlisted under the present clause would clearly serve to increase -the peril of the accused. - - -ARTICLE XVII - - The inquisitors shall, themselves, examine the witnesses, and - not leave such examinations to their notaries or others, unless - a witness should be ill or unable to come before the inquisitor - and the inquisitor similarly unable to go to the witness, in - which case he may send the ordinary ecclesiastical judge of the - district with another upright person and a notary to take the - depositions. - - -ARTICLE XVIII - - When any person is put to the torture the inquisitors and - the ordinary should be present--or, at least, some of them. - But when this is for any reason impossible, then the person - entrusted to question should be a learned and faithful man - (_hombre entendido y fiel_). - - -ARTICLE XIX - - The absent accused shall be cited by public edict affixed to - the door of the church of the district to which he belongs, and - after thirty days’ grace the inquisitors may proceed to try him - as contumaciously absent. If there is sufficient evidence of - his guilt, sentence may be passed upon him. Or, if evidence is - insufficient, he may be branded a suspect and commanded--as is - due of suspects--to present himself for canonical purgation. - Should he fail to do so within the time appointed, his guilt - must be presumed. - - Proceedings against the absent may be taken in any of the - following three ways: - - (1) In accordance with the chapter “Cum contumatia de - hereticis,” citing the accused to appear and defend himself - upon certain matters concerning the Faith and certain sins of - heresy, under pain of excommunication; if he does not respond, - he shall be denounced as a rebel, and if he persists in this - rebellion for one year he shall be declared a formal heretic. - This is the safest and least rigorous course to adopt. - - (2) Should it seem to the inquisitors that a crime against any - absent can be established, let him be cited by edict to come - and prove his innocence within thirty days--or a longer period - may be conceded if such is necessary to permit him to return - from wherever he may be known to be. And he shall be cited at - every stage of the proceedings until the passing of sentence, - when, should he still be absent, let him be accused of - rebellion, and should the crime be proved he may be condemned - in his absence without further delay. - - (3) If in the course of inquisitorial proceedings there is - presumption of heresy against an absent person (although the - crime is not clearly proved) the inquisitors may summon him by - edict commanding him to appear within a given time to clear - himself canonically of the said error, on the understanding - that should he fail to appear, or, appearing, should fail to - clear himself, he shall be deemed convicted and the inquisitors - shall proceed to act as by law prescribed. - - The inquisitors, being learned and discriminating, will select - the course that seems most certain and is most practical under - the particular circumstances of the case. - -Any person condemned as contumacious became an outlaw, whom it was -lawful for any man to kill. - -CANONICAL PURGATION, which is mentioned in this article, differs -considerably from ABJURATION, and the difference must be indicated. - -It is applicable only to those who are accused by the public -voice--_i.e._ who have acquired the “reputation” of heresy--without yet -having been detected in any act or speech that might cause them to be -suspected of heresy in any of the defined degrees of such suspicion. - -It almost amounts to a distinction without a difference, and is an -excellent instance of the almost laboured equity in which this tribunal -indulged in matters of detail whilst flagrantly outraging equity in the -main issues. - -For Canonical Purgation, says Eymeric,[90] the accused must find a -certain number of sureties or _compurgatores_, the number required -being governed by the gravity of the (alleged) offence. They must be -persons of integrity and of the same station in life as the accused, -with whom they must have been acquainted for some years. The accused -shall make oath upon the Gospels that he has never held or taught the -heresies stated, and the _compurgatores_ shall swear to their belief -that this is the truth. This Purgation must be made in all cities where -the accused has been defamed. - -The accused shall be given a certain time in which to find his -_compurgatores_, and should he fail to find the number required he -shall at once be convicted and condemned as a heretic. - -And Pegna adds, in his commentary upon this, that any who shall be -found guilty of heresy after having once been in this position is -to be regarded as a “relapso” and delivered to the secular arm. For -this reason he enjoins that Canonical Purgation should not lightly be -ordered, as it is so largely dependent upon the will of third parties. - -Eymeric adds, further, that sometimes Canonical Purgation may be -ordered to those who are defamed by the public voice but who are not -in the hands of the inquisitors. Should they refuse to surrender, the -inquisitors shall proceed to excommunicate them, and if they persist in -their excommunication for one year they shall be deemed heretics, and -subject to the penalties entailed by such a sentence. - - -ARTICLE XX - - If any writings or trials should bring to light the heresy of - a person deceased, let proceedings be taken against him--even - though forty years shall have elapsed since the offence--let - the fiscal accuse him before the tribunal, and if he should be - found guilty the body must be exhumed. - - His children or heirs may appear to defend him; but should they - fail to appear, or, appearing, fail to establish his innocence, - sentence shall be passed upon him and his property confiscated. - -It will, of course, be obvious that since no good or useful purpose -could be served by instituting proceedings against the dead, nothing -but cupidity can have inspired so barbarous a decree as this. The -avowed object of the Inquisition--and very loudly and insistently -avowed--was the uprooting of heresies to prevent their spread, and the -inquisitors maintained that it was a painful necessity thrust upon them -by their duty to God to destroy those who persisted in heresy, lest -these, by their teaching and example, should contaminate and imperil -the souls of others. Thus the Inquisition justified itself, and removed -all doubt as to the purity of its motives. - -But how should this justification apply to the trial of the dead--even -though they should have been dead for over forty years? - -The provision, however, was not Torquemada’s own. He followed in the -footsteps of earlier inquisitors. He found his precedent in the 120th -question propounded by Eymeric--“Confiscatio bonorum hæretici fieri -potest post ejus mortem.” In this the author of the “Directorium” lays -it down that although in civil law legal action against a criminal -ceases with his death, such is not to be the case where heresy is -concerned, on account of the enormity of the crime. (It may seem that, -had he been quite honest, he would have said, “on account of the -profits that may accrue from the prosecution.”) - -Heretics, he pursues, may be proceeded against after their death, and, -if convicted, their property may be confiscated--and this within forty -years of their decease--depriving the heirs of all enjoyment of it, -even though the third generation should be in possession. - -All that Torquemada did was to extend the term of procedure beyond the -forty years to which Eymeric had limited it. - -And to the foregoing Eymeric adds that, should the heirs at any time -have acquired knowledge that the deceased was a heretic, they shall -be censured for having acted in bad faith and kept the matter secret! -By this he actually puts it upon men to come forward voluntarily and -accuse their dead fathers or grandfathers of heretical practices, to -the end that they themselves may be rendered destitute and infamous to -the extent of being incapacitated from holding any public office or -following any honourable profession--and this though they themselves -should be the most faithful of Catholics, untouched by the faintest -breath of suspicion! - -It is beyond words a monstrous and inequitable enactment. Yet, like -all else, they can justify it. If there is one thing in which the -inquisitors were truly admirable, it is in the deftness with which they -could justify and reconcile with their conscience the most inhuman -practice. They would answer questions as to the lawfulness of this -proceeding by urging that they did it with the greatest reluctance, -but that their duty demanded it to the end that the living should -beware how they failed in fidelity to the Faith, lest punishment should -overtake them in their descendants after they themselves had passed -beyond the reach of human justice. Thus would they represent the act -as salutary and to the advantage of the Faith. And since there is -at least a scintilla of truth in this, who shall say that they did -not tranquillize their consciences and delude themselves that the -confiscations were a mere incident which nowise swayed their judgment? - -That proceedings against persons deceased were by no means rare is -shown by the frequent records of corpses burnt--one of the purposes for -which they were exhumed; the other being that they must cease to defile -consecrated ground. - - -ARTICLE XXI - - The Sovereigns desiring that inquisition be made alike in - the domains of the nobles as in the lands under the Crown, - inquisitors shall proceed to effect these, and shall require - the lords of such domains to make oath to comply with all that - the law ordains, and to lend all assistance to the inquisitors. - Should they decline to do so, they shall be proceeded against - as by law established. - - -ARTICLE XXII - - Should heretics who are delivered to the secular arm leave - children who are minors and unmarried, the inquisitors shall - provide and ordain that they be cared for and reared by - some persons who will instruct them in our Holy Faith. The - inquisitors shall prepare a memorial of such orphans and the - circumstances of each, to the end that of the royal bounty - alms may be provided to the extent necessary, this being the - wish of the Sovereigns when the children are good Christians, - especially in the case of girls, who should receive a dower - sufficient to enable them to marry or enter a convent. - -Llorente tells us that although he went through very many records of -old proceedings of the Inquisition, in no single instance did he -discover a record of any such provision in favour of the child of a -condemned heretic.[91] - -Harsh as were the decrees of the Inquisition in all things, in nothing -were they so harsh as in the enactments concerning the children of -heretics. However innocent themselves of the heresy for which their -parents or grandparents might have suffered, not only must they go -destitute, but further they must be prevented from ever extricating -themselves appreciably from that condition, being inhibited--to the -second generation--from holding any office under the Crown, or any -ecclesiastical benefice, and from following any honourable or lucrative -profession. And, as if that were not in itself sufficient, they were -further condemned to wear the outward signs of infamy, to go dressed in -serge, without weapons or ornaments, and never ride on horseback, under -pain of worse befalling them. One of the inevitable results of this -barbarous decree was the extinction of many good Spanish families of -Jewish blood in the last decade of the fifteenth century. - -This the inquisitors understood to be the literal application to -practical life of the gentle and merciful precepts of the sweet Christ -in Whose name they acted. - -Eymeric and his commentator Pegna make clear, between them, the -inquisitorial point of view. The author of the “Directorium” tells us -that commiseration for the children of heretics who are reduced to -mendicity must not be allowed to soften this severity, since by all -laws, human and divine, it is prescribed that the children must suffer -for the sins of the fathers.[92] - -The scholiast expounds at length the justice of this measure. He says -that there have been authors, such as Hostiensis, who pretend that it -lacks the equity of the ancient laws, which admitted Catholic children -to inheritance. But he assures us that they are wrong in holding such -views, that there is no injustice in the provision, and that it is -salutary, since the fear of it is calculated to influence parents and -to turn them--out of love for their offspring--from the great crime of -heresy. - -To minds less dulled by bigotry it must have been clear that by this, -as, for that matter, by many other of their decrees, all that was -achieved was to put a premium upon hypocrisy. - -Another consideration that escaped their notice--being, as they were, -capable of perceiving one thing only at a time--was that if this -precious measure was prescribed by all laws, human and divine, it -should have been unavoidable. Yet they themselves provided the means of -avoiding it--as we know--for the child vile enough to lay information -of his parents’ heresy. By what laws, human or divine, did they dare -to encourage such an infamy? By no law but their own--a law whose -chief aim, it is obvious at every turn, was to swell the number of -convictions. - -What opinion was held of children who informed against their parents to -avert the awful fate that awaited them should their parents’ heresy be -discovered by others, is apparent in the case of the daughter of Diego -de Susan--who, very possibly, was actuated by just such motives. - - -ARTICLE XXIII - - Should any heretic or apostate who has been reconciled within - the term of grace be relieved by their Highnesses from the - punishment of confiscation of his property, it is to be - understood that such relief applies only to that property - which by their own sin was lost to them. It does not extend to - property which the person reconciled shall have the right to - inherit from another who shall have suffered confiscation. This - to the end that a person so pardoned shall not be in better - case than a pure Catholic heir. - - -ARTICLE XXIV - - As the King and Queen in their clemency have ordained that - the Christian slaves of heretics shall be freed, and even - when the heretic is reconciled and immune from confiscation, - this immunity shall not extend to his slaves; these shall be - manumitted in any case, to the greater honour and glory of our - Holy Faith. - - -ARTICLE XXV - - Inquisitors and assessors and other officers of the - Inquisition, such as fiscal advocates, constables, notaries, - and ushers, must excuse themselves from receiving gifts - from any who may have or may come to have affairs with the - Inquisition, or from others on their behalf; and the Father - Prior of Holy Cross orders them not to receive any such gifts - under pain of excommunication, of being deprived of office - under the Inquisition and compelled to make restitution and - repay to twice the value of what they may have received. - -Eymeric’s “Directorium” permitted the reception of gifts by -inquisitors, provided that these gifts were not too considerable, but -he enjoined inquisitors not to show too much avidity--not, it would -seem, on account of the sin that lurks in avidity, but so as not to -give scandal to the laity.[93] - - -ARTICLE XXVI - - Inquisitors shall endeavour to work harmoniously together; the - honour of the office they hold demands this, and inconveniences - might result from discords amongst them. Should any inquisitor - be acting in the place of the diocesan ordinary, let him not - on that account presume that he enjoys pre-eminence over his - colleagues. If any difference should arise between inquisitors - and they be unable themselves to adjust it, let them keep the - matter secret until they can lay it before the Prior of Holy - Cross, who, as their superior, will decide it as he considers - best. - - -ARTICLE XXVII - - Inquisitors shall endeavour to contrive that their officers - treat one another well and dwell in harmony and honourably. - Should any officer commit an excess, let them punish him - charitably, and should they be unable to cause an officer - to fulfil his duty, let them advise the Prior of Holy Cross - thereof, and he will at once deprive such a one of his office - and make such an appointment as may seem best for the service - of Our Lord and their Highnesses. - - -ARTICLE XXVIII - - Should any matter arise for which provision has not been - made by this code, the inquisitors shall proceed as by - law prescribed, it being left to them to dispose as their - consciences show them to be best for the service of God and - their Highnesses. - -To these twenty-eight articles Torquemada was to make further -additions--in January of the following year, in October of 1488 and -in May of 1498. We shall indicate to them, but for the moment it is -sufficient to say that--saving some of those of 1498--they are of -secondary importance, being mainly in the nature of corollaries upon -those we have dealt with, and chiefly concerned with the internal -governance of the Inquisition rather than with its relations to the -outside world. - - - - -CHAPTER XI - -THE JURISPRUDENCE OF THE HOLY OFFICE--THE MODE OF PROCEDURE - - -No complete notion of the jurisprudence of the Holy Office can be -formed without taking a glance at this tribunal at work and observing -the methods upon which it proceeded in its dealings with those who were -arraigned before it. - -Its scope has already been considered, and also the offences that -came within its pitiless jurisdiction at the time of Torquemada’s -appointment to the mighty office of Grand Inquisitor and President -of the Suprema. It remains to be added that in his endeavours to -cast an ever-wider net he sought to increase the jurisdiction of the -Inquisition beyond matters immediately concerned with the Faith and to -include certain offences whose connection with it was only constructive. - -Whether he succeeded to the full extent of his aims we do not know. -But we do know that he contrived that bigamy should become the concern -of the Holy Office, contending that it was primarily an offence -against the laws of God and a defilement of the Sacrament of Marriage. -Adultery, which is no less an offence against that sacrament, and -which is not punishable by civil law, he passed over; but he contrived -that sodomy should be brought for the first time within inquisitorial -jurisdiction and that those convicted of it should be burnt alive. - -Himself a man of the most rigid chastity, he must have been moved to -anger by the unchastity so prevalent among the clergy. It was, however, -beyond his power to deal with it without special authority from Rome, -and he would have been bold indeed to have sought such authority at -the hands of that flagrant paterfamilias Giovanni Battista Cibo, who -occupied the Chair of St. Peter with the title of Pope Innocent VIII. - -The most scandalous form of this unchastity was that known as -“solicitation”--_solicitatio ad turpia_--or the abuse of the -confessional for the purpose of seducing female penitents. It was a -matter that greatly vexed the Church as a body, since it placed a -terrible weapon in the hands of her enemies and detractors. It was -admittedly rampant, and it is more than probable that it was directly -responsible for the institution of the confessional-box--enforced in -the sixteenth century--which effectively separated confessor from -penitent, and left them to communicate through a grille. - -The matter, like all other offences of the clergy, was entirely within -the jurisdiction of the bishops, who would vigorously have resisted -any attempts on the part of Torquemada to encroach further upon their -province. So the Church was left to combat that evil as best she might; -and, with the exception of an odd bishop who assumed a stern attitude -and dealt with it as became his own dignity and the honour of the -priesthood, the utmost lenience appears to have prevailed,[94] as we -may judge by the penances imposed upon convicted offenders. - -The perils and temptations to which a priest was exposed in the course -of the intimate communications that must pass between him and his -penitents were given full recognition and allowed full weight in the -balance against the offence itself. - -Later on, however, this matter which Torquemada had considered -beyond his power was actually thrust within the jurisdiction of the -Inquisition by a Church resolved, for the very sake of its existence, -that the evil should cease. - -Vexatious as this crime of “solicitation” had always been, it became -most urgently and perilously so after the Reformation, when it provided -those who denounced the confessional with an apparently unanswerable -reason for their denunciations. It was wisely thought that the methods -of the Holy Office were best calculated to deal with it, and the matter -was relegated to the inquisitors. The defilement of the sacrament was -the link that connected solicitation with heresy. Moreover, in some -cases there might be heresy of a more positive kind; as when, for -instance, the priest assured the penitent that her consent was not a -sin. And the woman accusing a priest of solicitation before the Holy -Office was always questioned closely upon this particular point. - -In the later editions of the “Cartilla,” or Manual for the guidance -of Inquisitors--all of which publications were issued by the private -press of the Inquisition--are to be found under the heading “Causas de -Solicitacion” instructions for the examination of a woman who denounces -a priest upon these grounds.[95] - -Even so, however, it could not be in the interests of the Church to -parade these offenders, and thus expose the sore places in her own body. - -Limborch urges that delinquents be sent to the galleys, or even -delivered to the secular arm. But for that--as Llorente points -out--it would have been necessary to include them in an Auto de Fé -of which there could be no question on account of the scandal which -must ensue in view of the character of the offence. This is very true, -and none can doubt the desirability of avoiding publicity for such a -matter, or suppose that the Church was in the least blame-worthy for -so proceeding. At the same time, however justifiable we may account -this secrecy, it is almost impossible to justify the lenience of the -sentences that were passed. It is above all extraordinary that the -usual punishment did not even go so far as to unfrock these offenders. -The inquisitors confined themselves to depriving the convicted priest -of the faculty of hearing confessions in future, and imposed a penance -of some years’ residence in the seclusion of a convent. - -It is possible, however, that this punishment was heavier than may at -first appear. For--to their credit be it said--the regulars into whose -convent the penanced cleric was sent undertook that this penance should -be anything but easy. - -This comes to light in the course of a case of which Llorente cites the -full particulars from the records he unearthed.[96] - -It is the case of a Capuchin brother tried in the eighteenth century by -the Grand Inquisitor Rubin de Cevallos; and as much in the quality and -extent of the offence as in the brazenly ingenious defence set up by -the friar, the record reads like one of the least translatable stories -from Boccaccio’s “Decameron.” He was sentenced to go into retreat for -five years in a convent of his order; and so great a dread did that -sentence strike into the Capuchin that he besought of the inquisitors -the mercy of being allowed to serve the sentence in one of the dungeons -of the Inquisition. Questioned as to his reasons for a request that -sounded so extraordinary, he protested that he knew too well the -burden his brethren were wont to impose upon a friar penanced as was he. - -His petition was dismissed, the Grand Inquisitor refusing to alter the -sentence; and Llorente adds that the Capuchin died three years later in -the convent to which he was sent. - - * * * * * - -How far the crime was rampant when the Inquisition was entrusted with -its prosecution may be gathered from the statistics given by H. C. -Lea.[97] It appears from these that in the city of Toledo alone, during -the first thirty-five years that the matter was in the hands of the -Holy Office, fifty-two sentences were passed upon priests found guilty -of “solicitation,” and it is not to be supposed, as Lea very shrewdly -observes, that delations were forthcoming in more than a proportion -of the cases that occurred, or that more than a proportion of these -delations could lead to conviction--since, to avert scandal as much as -possible, no action would be taken save where the indications of guilt -were very clear. - -This view is certainly supported by the injunction of caution and -the other instructions in the Manual under the heading “Causas de -Solicitaciones,” already cited. - -Finally on this subject, Llorente’s statistics show that the offenders -were chiefly friars; the proportion of secular priests convicted -being only one in ten. This does not, however, signify greater -chastity on the part of secular priests. Llorente offers the obvious -explanation--an explanation too obvious to need repeating here.[98] - - * * * * * - -Another offence that came later to be added to those within the -jurisdiction of the Holy Office was that of usury. But in Torquemada’s -day neither this nor solicitation was allowed to be the concern of the -Inquisition. - -In its methods of procedure the tribunal of the Holy Office under -the zealous rule of the Prior of Holy Cross followed closely upon -the lines laid down by Eymeric. Indeed in the “Cartilla” or “Manual” -that was issued later for the use of inquisitors--of which several -editions are in existence to-day--these rules taken bodily from the -“Directorium” were incorporated as a supplement to the code promulgated -by Torquemada, consisting of the articles already considered and of -others to be added later. - -These methods we will now consider. - - * * * * * - -The accused was brought before the tribunal sitting in the -audience-chamber of the Holy Office--or Holy House (_Casa Santa_) as -the premises of the Inquisition came to be styled. - -The court was composed of at least one of the inquisitors delegated by -Torquemada, the diocesan ordinary, the fiscal advocate, and a notary to -take down all that might transpire. They were seated about a table upon -which stood a tall crucifix, between two candles, and the Gospels upon -which the accused was to be sworn. - -The oath being administered, the prisoner was asked his name, -birthplace, particulars of his family, and the diocese in which he -resided. Next he was vaguely questioned as to whether he had heard -speak of such matters as those upon which he was accused.[99] - -Pegna warns inquisitors against being too precise in their questions, -lest they should suggest answers to the accused.[100] Another reason -for this vagueness was that being precisely questioned the accused -might in his answers confine himself to the matter of those questions, -whilst where the inquiry was conducted in vague, general terms, he -might in his reply betray matters or persons hitherto unsuspected. - -Obviously with the same end in view, the scholiast suggests that the -accused be asked whether he knows why he has been arrested, and whom he -suspects of having accused him; whilst as a means of instantly testing -whether he is an observer of his Catholic duties the inquisitors are -instructed to ask him who is his confessor and when he was last at -confession. The answer of one who was secretly an apostate, or even -who had neglected to comply with his religious duties as prescribed, -must necessarily be enormously incriminating. It would justify violent -suspicion of heresy against him, which has already been considered, -together with its consequences. - -Pegna further enjoins inquisitors to be careful that they do not afford -the accused any means of evading their questions, and not to be imposed -upon by protestations or tears, heretics being, he assures them, of an -extreme cunning in dissembling their errors. - -Eymeric specifies ten different methods employed by heretics to trick -inquisitors. These are not of any real importance, nor do they leave us -in the least convinced that any such ruses were actually employed. They -are obviously based upon an intimate acquaintance with priestly guile -rather than upon any experience of the craftiness of actual heretics. -They may, in short, be said to be just such ruses as the inquisitors -themselves might employ if they found the tables turned upon themselves -and the heretic sitting in the seat of justice. - -He urges the inquisitors to meet guile with guile: “ut clavus clavo -retundatur.” He justifies recourse to hypocrisy and even to falsehood, -telling the inquisitors that thus they will be in a position to say: -“Cum essem astutus dolo vos cepi,” and to the ten evasive methods which -he asserts are adopted by heretics, he bids their paternities oppose -ten specified rules by which to capture and entrap them. - -These rules and Pegna’s commentaries upon them are worth attention -for the sake of the intimate glimpse they afford us of the mediæval -ecclesiastical mind. - -The accused is to be compelled by repeated examinations to return clear -and precise answers to the questions asked. - -If the accused heretic is resolved not to confess his fault, the -inquisitor should address him with great sweetness (_blande et -mansuete_), giving him to understand that all is already known to the -court, speaking as follows: - -“Look now, I pity you who are so deluded in your credulity, and whose -soul is being lost; you are at fault, but the greater fault lies with -him who has instructed you in these things. Do not, then, take the -sin of others upon yourself, and do not make yourself out a master in -matters in which you have been no more than a pupil. Confess the truth -to me, because, as you see, I already know the whole affair. And so -that you may not lose your reputation, and that I may shortly liberate -and pardon you and you may go your ways home, tell me who has led -you--you who knew no evil--into this error.” - -By similar kind words (_bona verba_), always imperturbable (_sine -turbatione_), let the inquisitor proceed, assuming the main fact to be -true and confining his questions to the circumstances. - -Pegna adds another formula, which he says was employed by Fr. Ivonet. -Thus: - -“Do not fear to confess all. You will have thought they were good men -who taught you so-and-so; you lent ear to them freely in that belief, -etc.... You have behaved with credulous simplicity towards people whom -you believed good and of whom you knew no evil. It might very well -happen to much wiser men than you to be so mistaken.”[101] - -Thus was the wretch coaxed to self-betrayal, caressed and stroked by -the velvet glove that muffled and dissembled the iron hand within. - -In the case of a heretic against whom the witnesses have not supplied -matter for complete conviction, let him be brought before the -inquisitor and let the inquisitor question him at random. When the -accused shall have denied something (_quando negat hoc vel illud_) that -has been put to him, let the inquisitor take up the minutes of the -preceding examinations, turn the leaves and say: - -“It is clear that you conceal the truth; cease to employ dissimulation.” - -Thus the accused may suppose that he is convicted, and that the minutes -supply proof against him. - -Or let the inquisitor hold a document in his hand, and when the accused -denies, let him feign astonishment and exclaim: - -“How can you deny such a thing? Is it not clear to me?” He will then -peruse his document anew, making changes, and then reading once more, -let him say, “I was right! Speak, then, since you perceive that I know.” - -The inquisitor must be careful not to enter into any details that might -betray his ignorance to the accused. Let him keep to generalities. - -If the accused persists in his denial, the inquisitor may tell him that -he is about to set out upon a journey and that he doesn’t know when he -will be returning. Thus: - -“Look now, I pity you, and I wanted you to tell me the truth, for I -am anxious to expedite the affair and yourself. But since you are -obstinate in refusing to confess, I must leave you in prison and in -irons until I return; and I am sorry, because I do not know when I -shall return.” - -[Illustration: - - _Photo by Donald Macbeth._ - -TOLEDO. - -From Colmenar’s “Délices d’Espagne.”] - -If the accused persists in denial, let the inquisitors multiply -examinations and questions; then either the accused will confess, or -(becoming confused) will contradict himself. If he contradicts himself -that will suffice to put him to torture, that thus the truth may be -extracted from his mouth. But frequent interrogations should not be -employed save with one of extreme stubbornness, because to frequent -questions upon the same matter it is easy to obtain variable -answers; there is hardly anybody who would not be surprised into a -contradiction. - - * * * * * - -Here we have a glimpse of the extraordinary flexibility of the -inquisitorial conscience. The letter of the law must ever be observed -in all proceedings; but its spirit must by all means be circumvented -where it is expedient to do so. Certain conditions, presently to be -examined, must be present before an accused could be put to torture. -One of these was that under examination he should contradict himself. -This rule they scrupulously observed; but they had no qualms on -the score of bringing about the requisite condition by a trick--of -compelling the accused to contradict himself by repeated questions upon -the same subject. And Eymeric himself admits that hardly anybody could -avoid varying in his answers under such a test. - -It may be uncharitable to suppose that the last paragraph of this rule -is intended as a hint rather than as the warning it pretends to be. But -it is a suspicion which the further consideration of the inquisitorial -conscience must inspire in every thoughtful mind. It is so much of a -piece with the inquisitors’ extraordinary attitude towards the letter -of the law to proceed in that way. - -If the accused still persists in denial, the inquisitor should now -soften his conduct; let him contrive that the prisoner has better food, -and that worthy people visit him and win his confidence; these shall -then advise him to confess, promise that the inquisitor will pardon him -(_faciet sibi gratiam_), and that they themselves will act as mediators. - -The inquisitor himself may in the end go so far as to join them, and -promise to accord grace (_i.e._ pardon) to the accused, and grant him -this grace in effect, since all is grace that is done in the conversion -of heretics; penances being themselves graces and remedies. When the -accused, having confessed his crime, demands the promised “grace,” let -him be answered in general terms that he shall receive even more than -he could ask, so that the whole truth may be discovered and the heretic -converted[102]--“and his soul saved, at least,” adds Pegna.[103] - -Thoroughly to appreciate the deliberate duplicity here practised, it -is necessary to take into account the double or even treble meaning of -the term grace--“gratia”--employed by Eymeric, and having in Spanish -(_i.e._ its equivalent “gracia”) precisely the same meanings as in -Latin. - -Although not so popularly used in these various meanings, the English -term “grace” can also signify (_a_) the prerogative of mercy exercised -as a complete pardon, (_b_) the same prerogative exercised to relieve -part of the penalty incurred, or (_c_) a state of acceptance with God. - -The accused was deliberately led to suppose that “gratia” was employed -in the sense of a complete pardon. It remained with the inquisitor -to quiet his conscience for this _suggestio falsi_ by preferring the -letter to the spirit of his promise; he would enlighten the accused -that by “grace” no more was meant than a remission of part of the -penalty incurred (an insignificant remission usually), or even that all -that he had in mind was the grace of divine favour into which his soul -would enter--so that this might be saved at least, as Pegna explains. - -Pegna has a good deal more to say on the same subject, and all of it is -extremely interesting. - -He propounds the questions: “May an inquisitor employ this ruse to -discover the truth? If he enters into such a promise is he not obliged -to keep it?” By this latter question he means, of course, the promise -to pardon which the prisoner was given to understand was made him. - -He proceeds to tell us that Dr. Cuchalon decided the first of these -questions by approving the use of dissimulation, justifying it by the -instance of Solomon’s judgment between the mothers. - -It really seems as if there is nothing that theologians cannot justify -by inversion, subversion, or perversion of some precedent (more or less -apocryphal in itself) to suit their ends. - -The scholiast himself agrees with the reverend doctor, and considers -that although jurisconsults may disapprove of such methods in civil -courts, it is quite fit and proper to use them in the courts of the -Holy Office; explaining that the inquisitor has ampler powers than the -civil judge [which seems to be an extraordinary reason for justifying -his abuse of them]. - -Thus, Pegna pursues, in this edifying treatise upon the uses of -hypocrisy, provided that the inquisitor does not promise the offender -absolute impunity, he may always promise him “grace” (which by the -offender is taken to signify “absolute impunity”) and keep his promise -by diminishing somewhat the _canonical_ pains that depend upon himself. - -In actual practice this would mean that a heretic who has incurred the -stake may be promised pardon if he will confess to the sins of which it -is necessary to convict him before he can be burnt. And when, having -confessed and delivered himself into the hands of the inquisitor, he -claims his pardon, he is to be satisfied with the answer that the -pardon meant was pardon for his sins--absolution, that his soul may be -saved when they burn his body. - -On the score of the second question propounded by the scholiast--“If -the inquisitor enters into such a promise is he not obliged to keep -it?”--he answers it by telling us that many theologians do not -consider there is any such obligation on the part of the inquisitor. -This attitude they explain by urging that such a fraud is salutary -and for the public good; and, further, that if it is licit to extract -the truth by torture, it is surely much more so to accomplish it by -dissimulation--_verbis fictis_. - -This is the general but by no means the universal opinion, we gather. -There are some writers who are opposed to it. And now the scholiast -becomes more extraordinary still. Hear him: - -“These two divergent opinions may be reconciled by considering that -whatever promises the inquisitors make, they are not to be understood -to apply to anything beyond the penalties whose rigour the Inquisition -has the right to lessen--namely, canonical penances, and not those by -law prescribed.” - - * * * * * - -He writes this knowing that these promises are understood by the -prisoner to mean something very different--that the prisoner is desired -so to understand them, made so to understand them. - -The honesty of Pegna’s reasoning is not to be suspected. He is not an -apologist of the Holy Office writing for the world in general, and -employing bad arguments perforce because he must make the best of -the only ones available, even though he should lapse into suspicion -of bad faith. He is writing, as a preceptor, for the private eye of -the inquisitor. Therefore we can only conclude that these learned -casuists who plunge into such profundities of thought and pursue such -labyrinthine courses of reasoning had utterly failed to grasp the -elementary moral fact that falsehood does not lie in the word uttered, -but in the idea conveyed. - -“However little,” he continues, in the course of polishing this gem of -casuistry, “may be the remission granted by the inquisitor, it will -always be sufficient to fulfil his promise.” - -You see what a stickler he is for the letter of the law. You shall see -a good deal more of the same sort of thing before we have gone much -further. - -But here the scholiast begins to labour. His conscience is stirring; -possibly a ray of doubt penetrates his gloomy confidence that right -is wrong and wrong is right. And so, we fancy, to quiet these uneasy -stirrings comes the last paragraph on this subject: - -“However, for greater safety of conscience, inquisitors should make no -promises save in very general terms, and never promise more than they -can fulfil.”[104] - - * * * * * - -There is one more of Eymeric’s ruses for combating the guile of -stubborn heretics: - -Let the inquisitor obtain an accomplice of the accused, or else a -person esteemed by the latter and in the inquisitor’s confidence, and -engage him to talk often to the accused and extract his secret from -him. If necessary, let this person pretend to be of the same heretical -sect, to have abjured through fear, and to have declared all to the -inquisitor. - -Then one evening, when the accused shall have gained confidence in this -visitor, let the latter remain until he can say that it is too late -to return home and that he will spend the night in the prison. Let -persons be suitably placed to hear the conversation of the accused and -if possible a notary to take down in writing the confessions of the -heretic, who should now be drawn by the spy into relating all that he -has done. - - * * * * * - -Upon this subject Pegna moralizes[105] for the benefit of the spy, -pointing out how the latter may go about his very turpid task without -involving himself in falsehood or besmirching in the least the -delicate, sensitive soul that we naturally suppose must animate him. - - * * * * * - -“Be it noted that the spy, simulating friendship and seeking to draw -from the accused a confession of his crime, may very well pretend to be -of the sect of the accused, but” [mark the warning] “he must not say -so, because in saying so he would at least commit a venial sin, and we -know that such must not be committed upon any grounds whatever.” - - * * * * * - -Thus the scholiast. He makes it perfectly clear that a man may simulate -friendship for another for the purpose of betraying that other to his -death; that to make that betrayal more certain he may even pretend to -hold the same religious convictions; all this may he do and yet commit -no sin--not even a venial sin--so long as he does not actually clothe -his pretence in words. What a store the casuist sets by words! - -It is just such an argument as Caiaphas might have employed with Judas -Iscariot one evening in Jerusalem. - -It is a cherished thesis with apologists of the Holy Office that in -its judicial proceedings it did neither more nor less than what was -being done in its day in the civil courts; that if its methods were -barbarous--if they shock us now--we are to remember that they were the -perfectly ordinary judicial methods of their time. - -But there was no secular court in Europe in the fifteenth -century--steeped as that century was in dissimulation and bad -faith--that would not have scorned to have made such dishonourable and -dishonouring methods as these an acknowledged, regular and integral -part of its procedure. - -Pegna himself reveals the fact, when he finds it necessary further to -justify these practices precisely because they were not in use in the -civil courts: - -“Perchance the authority of Aristoteles--who out of the bosom of -Paganism condemned all manner of dissimulation--may be opposed to -us, as well as that of the jurisconsults who disapprove of artifices -of which judges may make use to extract the truth. But there are two -forms of artifice: one addressed to an evil end, which must not be -permitted; the other aiming at discovering truth, which none could -blame.”[106] - - * * * * * - -When confession has been obtained it would be idle, Eymeric points -out, to grant the delinquent a defence. “For although in civil courts -the confession of a crime does not suffice without proof, it suffices -here.” The reason advanced for this is as specious as any in the -“Directorium”: “Heresy being a sin of the soul, confession may be the -only evidence possible.” - -Where an advocate was granted to conduct the defence of an accused, we -have seen in Art. XVI of Torquemada’s “Instructions” that he was under -the obligation to relinquish such defence the moment he realized the -guilt of his client, since by canon law an advocate was forbidden to -plead for a heretic in any court, civil or ecclesiastical, or in any -cause whatsoever--whether connected with heresy or any other matter. - -On the subject of witnesses, it should be added to what already -has been said in the previous chapter that the Inquisition, whilst -admitting the testimony of any man, even though he should be -excommunicate or a heretic, so long as such testimony was adverse -to the accused, refused to admit witnesses for the defence who were -themselves tainted with heresy. - -Since to bear witness in defence of a person charged with heresy might -result in the witness himself becoming suspect, it will be understood -that witnesses for the defence were not easily procured by the accused. - - - - -CHAPTER XII - -THE JURISPRUDENCE OF THE HOLY OFFICE--THE AUDIENCE OF TORMENT - - -Eymeric’s cold-blooded directions for leading an accused who refused -to confess into contradictions that should justify his being put to -torture have already been considered. - -The inquisitors could not proceed to employ the question--as the -torture was euphemistically called--save under certain circumstances -prescribed by law; and the strict letter of the law, as you have seen, -and as you shall see further, was a thing inviolable to these very -subtle judges. - -These circumstances, as expounded by Eymeric in his “Directorium,”[107] -are (_a_) the inconsistence of the accused’s replies upon matters of -detail whilst denying the main fact; (_b_) the existence of semi-plenal -proof of his offence. - -This semi-plenal proof is considered forthcoming-- - - (_a_) When an accused is “reputed” to be a heretic and there - is but one witness against him who can depone to having seen - or heard him do or say that which is against the Faith. (Two - witnesses were by law required to establish his guilt.) - - (_b_) When in the absence of witnesses there are grounds for - vehement or violent suspicion. - - (_c_) When there is no evil “reputation” attaching to the - accused, but one witness against him and _grounds_ for - vehement or violent suspicion--_i.e._ not actual suspicion but - indications of it; a suspicion of suspicion, as it were. The - distinction is most elusively fine. - -The scholiast Pegna adds in his commentaries that this combination -of “reputation” (or grounds for suspicion) and one witness is not -necessary to justify submitting the accused to the question-- - - (_a_) When to evil reputation are added evil morals, which - lead easily to heresy--thus those who are incontinent and - very greatly addicted to women persuade themselves that this - incontinence is not in itself a sin. (Such an opinion if - proclaimed would amount to heresy, therefore one who acts as if - he held it lays himself open to suspicion of heresy.) - - (_b_) When the accused who has incurred evil reputation shall - have fled. (The circumstance of his flight is accepted as - evidence of evil conscience.)[108] - -Eymeric further enjoins that the question shall be employed only when -all other means of obtaining the truth shall have failed, and he -recommends the use of exhortation, gentleness, and ruse to draw the -truth from the prisoner.[109] - -He observes that, after all, not even the torture can be depended upon -always to extract the truth. There are weak men who under the first -torments confess even what they have not done; and there are others so -stubborn and vigorous that they can suffer the greatest pains; there -are those who having already undergone torture are able to endure it -with greater fortitude, knowing how to adapt themselves to it; and -there are others still who, by having recourse to sorcery, remain -almost insensible to the pain and would die before divulging anything. - -These last, he warns inquisitors, use passages from the Gospel -curiously inscribed upon virgin parchment, intermingling in these -the names of angels that are unknown, designs of circles, and magic -characters. These charms they bear about their bodies. - -“I don’t yet know,” he confesses, “what remedies are available against -these sorceries; but it will be well to strip and closely to examine -the patient before putting him to the question.” - -He recommends that when the accused has been sentenced to torture, and -whilst the executioners are making ready to perform it, the inquisitor -should continually endeavour to induce the accused to confess. The -torturers should strip him with precipitation, but with a sorrowful air -and almost as if troubled for him (_quasi turbati_). When stripped, he -should be taken aside and once more exhorted to confess. His life may -be promised him, provided that the crime of which he is accused is not -such as to make it forfeit. - -If all proves vain the inquisitor shall proceed to the question, -beginning by interrogating him upon the more trivial matters of which -he is accused, as he would naturally acknowledge these more readily -(and when acknowledged they can be made the stepping-stones to more), -the notary being at hand to write down all that is asked and answered. - -If he persists in his denials he is to be shown further implements of -torture, and assured that he will have to undergo them all unless he -speaks the truth. - -If he still denies, the question may be _continued_ on the second or -third day, but not _repeated_. - -Here again we have them observing the letter and flagrantly violating -the spirit of the law. Torture must not be repeated because it is by -law forbidden to put an accused to the question more than once, unless -in the meantime fresh evidence has been forthcoming; but it is not -forbidden to continue it--not forbidden because those who formulated -that law never dreamt of such a quibble being raised. - -It is almost incredible that men should juggle with words in this way. -But here is the passage itself: - -“Ad continuandum non ad iterandum, quia iterari non debent, nisi novis -supervenientibus indiciis, sed continuari non prohibentur.” - -Lest they should be in danger of having to repeat the torture, they -took care to suspend it as soon as the patient was at the limit of -his endurance, and merely resumed or continued it two or three days -later, to suspend again and continue again as often as they might deem -necessary. - -That it can have made no difference to the wretched patient whether -they described the procedure by one verb or the other does not appear -to have weighed with them. There was a difference--an important verbal -difference. - - * * * * * - -Upon this point the apologist Garcia Rodrigo, in his “Historia -Verdadera de la Inquisicion,” very daringly draws attention to the -meekness of the courts of the Inquisition as compared with the civil -tribunals. He contrasts the methods of the two, and to make out a case -in favour of the former, to prove to us that those who preached a -gospel of mercy knew also how to practise mercy, he tells us, rather -disingenuously, that whilst in civil courts a prisoner might be ordered -three times to the torture, in the courts of the Inquisition this -could not be imposed upon him more than once--_its rules forbidding -repetition_. - -He does not consider it worth while to add that the “Directorium” in -which he found that rule points out, as we have seen, how it may be -circumvented - -It is much easier to set up a case for the other side, to show that the -greater mercy in the matter of torture was practised by the secular -courts. In these, for instance, a nobleman was immune from torture. -Not so in the courts of the Inquisition, which proceeded, no doubt, -upon the grounds that all are equals in the sight of God. No exception -was made there in favour of any man. And in Aragon, where the torture -was never applied in civil trials, it was none the less resorted to by -the inquisitors. - - * * * * * - -When the accused shall have endured torture without confessing, the -inquisitors may order his release by sentence, stating that after -careful examination they are unable to find anything against him on -the score of the crime of which he is accused--which, of course, is no -acquittal, since he may at any time be re-arrested and put upon his -trial once more. - -In his commentaries Pegna tells us[110] that there are five degrees -of torture. He does not mention them in detail, saying that they -are sufficiently well known to all. These five degrees are given in -Limborch.[111] - -The first four are not so much torture as terror--or mental torture; it -is only in the fifth degree that this becomes physical. The conception -is of an almost fiendish subtlety; and yet its aim, we must believe, -was merciful, since they accounted it more merciful to torture and -terrify the mind than to bruise the flesh. - -Eymeric’s directions are the basis of this, although Eymeric himself -does not break up the procedure into degrees. These are: - -(1) The threat of torture. - -(2) Being conducted to the torture-chamber and shown the implements and -their functions. - -(3) Stripping and preparing for the ordeal. - -(4) Laying and binding upon the engine. - -(5) The actual torture. - -The actual torture was of various kinds, any of which the inquisitor -might employ as he considered most suitable and effective, but Pegna -admonishes him not to resort to unusual ones. Marsilius, the scholiast -informs us, mentions fourteen different varieties, and adds that he had -imagined others, such as that of depriving a prisoner of sleep. In this -he appears to have received the approval of other authors, but he does -not receive Pegna’s. Even the scholiast is shocked at an ecclesiastic’s -fertility of invention in this branch, and confesses that such -researches are better suited to executioners than theologians. - -It must be admitted that the records show none of that fiendish -invention which is so widely believed to have been exercised. The cruel -subtleties of the inquisitors were spiritual rather than physical, -and we have just seen Pegna’s censure of an inquisitor who gave his -attention to the devising of novel and ingenious torments. - -It is very clear, from the records we have, that the Holy Office must -have been content to depend upon the engines already in existence, -or, rather, upon a limited number of the most efficacious. There -were exceptions, of course. The torture of fire--which consisted in -toasting the feet of the patient after anointing them with fat--appears -upon rare occasions to have been employed; and a barbarous piece of -supererogative cruelty was practised at a great Auto de Fé held at -Valladolid in 1636: ten Jews convicted of having whipped a crucifix -were made to stand with one hand nailed to an arm of a St. Andrew’s -cross whilst sentence of death was being read to them. - -As a rule, however, both in torturing and in punishing the inquisitors -avoided novelties. For the question they usually resorted to one of -three methods: the rack; the _garrucha_, which is the torture of the -hoist, the _tratta di corda_ of the Italians; and the _escalera_, or -_potro_, or ladder, or water torture. - -The inquisitors attended in person--as prescribed by Torquemada--to -question the patient, accompanied by their notary, who wrote down in -fullest detail an account of the proceedings. - -The hoist was the simplest of all engines; it consisted of no more -than a rope running through a pulley attached to the ceiling of the -torture-chamber. - -The patient’s wrists were pinioned behind him, and one end of the rope -was attached to them. Slowly then the executioners drew upon the other -end, gradually raising the patient’s arms behind him as far as they -would go, backwards and upwards, and continuing until they brought him -to tip-toe and then slowly off the ground altogether, so that the whole -weight of his body was thrown upon his straining arms. - -At this point he was again questioned and desired to confess the truth. - -If he refused to speak, or if he spoke to no such purpose as his -questioners desired, he was hoisted towards the ceiling, then allowed -to drop a few feet, his fall being suddenly arrested by a jerk that -almost threw his arms out of their sockets. Again was the question put, -and if he continued stubborn he was given a further drop, and so on -until he had come to the ground once more, or until he had confessed. -If he reached the ground without confessing, weights were now attached -to his feet, thus increasing the severity of the torture, which was -resumed. And so it continued. The weights were increased, the drops -were lengthened--or else he might be left hanging--until confession was -extracted, or until with dislocated shoulders the patient had reached -the limit of his endurance.[112] - -In the latter case the torture might be suspended, as we have seen, -to be continued two or three days later, when the prisoner should -sufficiently have recovered. - -The notary made a scrupulous record of the _audiencia_--the weights -attached, the number of hoists endured, the questions asked and the -answers delivered. - -The potro, or water-torture, was more complex, far more cruel, and -appears to have been greatly favoured by the Holy Office. - -The patient was placed upon a short narrow engine, in the shape of a -ladder, and this was slanted a little so that his head was below the -level of his feet, for reasons that will soon be apparent. His head -was now secured by a metal or leather band which held it rigidly in -position, whilst his arms and legs were lashed to the sides of the -ladder so tightly that any movement on his part must cause the whipcord -to cut into his flesh. - -In addition to these bindings garrotes were applied to his thighs and -legs and arms. This was a length of cord tied firmly about a limb--upon -occasion round the whole torso over the arms; a stick was thrust -between the cord and the flesh, and by twisting this stick a tourniquet -was formed; first strangury, then the most agonizing pain was thus -occasioned, whilst if the twisting was carried far enough the cords -would sink through nerve and sinew until they reached the bone. - -The mouth of the patient was now distended and held so by a prong -of iron--called a _bostezo_. His nostrils were plugged, and a long -strip of linen was placed across his jaws, and carried deep into his -throat by the weight of water poured into his gaping mouth. Down this -_toca_--as the strip was called--water continued to be slowly poured. -As this water filtered through the cloth, the patient was subjected to -all the torments of suffocation, the more cruel because he was driven -by his instincts to make futile efforts to ease his condition. He would -constantly exert himself to swallow the water, hoping thus to clear the -way for a little air to pass into his bursting lungs. A little would -and did pass in--just enough to keep him alive and conscious, but not -enough to mitigate the horrible sufferings of asphyxiation, for the -cloth was always wet and constantly charged with water. - -From time to time the _toca_ was brought up, and the gasping wretch -would be invited to confess. Further to combat stubbornness on his -part, and also, it would seem, to revive him when he was failing, the -executioners would give an agonizing turn or two to the garrotes upon -his--or her--limbs; for the Holy Office did not discriminate between -the sexes in these matters. - -To prevent the vomiting which any form of torture might produce, and -the _potro_ in particular, the inquisitors, with their never-failing -attention to detail, provided that no patient should be given -food for eight hours before the question was applied. The notary -present at this _audiencia de tormento_ was required to set down, in -addition to questions asked and answers returned, the fullest details -of the torture applied, and particularly how many jars of water -were administered, these being the measure of the severity of the -ordeal.[113] - -The rack is too well-known to need describing here, having in its time -been used in all European countries. Cruel as it was, it was perhaps -one of the least cruel engines of torture that have been employed. - - * * * * * - -It was required by law that any confession extracted under torture -should afterwards be ratified by the prisoner. This was one of the -prescriptions of Alfonso XI in the Partidas code. It recognizes that -a man might be driven by pain to say that which is not true, and -therefore it forbids the courts to accept as evidence what might be -declared under torture. - -Therefore on one of the three days after the question had been -applied--as soon, presumably, as the prisoner was sufficiently -recovered to attend--the prisoner was brought once more into the -audience-chamber. - -His confession, reduced to writing by the notary, was placed before -him, and he was invited to sign it--the act being necessary to convert -that confession into admissible evidence. If he signed, the proceedings -now ran swiftly and uninterruptedly to their end. If he refused to -sign, repudiating the statements made, the inquisitors proceeded upon -the lines laid down by Torquemada in Article XV of his “Instructions” -to meet the case. - - * * * * * - -Pegna warns inquisitors against delinquents who feign madness to avoid -the torture. They should not, he says, delay on that account, for the -torture may be the best means of ascertaining whether the madness is -real or simulated.[114] - -Finally let it be added upon this gruesome subject that it was not -only the accused who was liable to be put to the question. A witness -suspected of falsehood, or one who had lapsed into contradictions -in the course of his evidence, might be put to torture _in caput -alienum_.[115] - - - - -CHAPTER XIII - -THE JURISPRUDENCE OF THE HOLY OFFICE--THE SECULAR ARM - - -The comparatively light sentences imposed upon those who came forward -to abjure heresies which they were suspected of harbouring, and upon -those who submitted to canonical purgation to cleanse them of “evil -reputation,” have already been considered. - -It remains to be seen how the Holy Office dealt with -_negativos_--_i.e._ those who persisted in refusal to confess a first -offence of heresy or apostasy after their guilt had been established to -the satisfaction of the court--and with _relapsos_--_i.e._ those who -were convicted of having relapsed into error after once having been -penanced and pardoned. - -Offenders in either of these two classes were to be abandoned to the -secular arm--the ecclesiastical euphemism for death by fire. The same -fate also awaited impenitent heretics and contumacious heretics. - -He who after having been convicted by sufficient witnesses persisted -in denying his guilt should, says Eymeric, be abandoned to the secular -arm upon the ground that he who denies a crime which has been proved -against him is obviously impenitent.[116] - -The impenitence is by no means obvious. It is possible, after all, that -the accused might deny because he was innocent and a good Catholic. And -whilst, as we shall see, this possibility is not altogether ignored, -yet it is given very secondary consideration. It was the inquisitor’s -business to assume the guilt of any one brought before him. - -It is true, however, that Eymeric urges the inquisitors to proceed very -carefully in the examination of the witnesses against such a man; he -recommends them to give the accused time in which to resolve himself to -confess, and to employ every possible means to obtain such confession. - -He counsels them to confine the prisoner in an uncomfortable dungeon, -fettered hand and foot; there to visit him frequently and exhort him to -confess. Should he ultimately do so, he is to be treated as a penitent -heretic[117]--in other words he is to escape the fire but suffer -perpetual imprisonment. - -The term perpetual imprisonment, or perpetual immuration, is not to be -accepted too literally. It lay at the discretion of the inquisitors -to modify and commute part of such sentences, and this discretion -they exercised so far as the imprisonment was concerned. But the -confiscation of the prisoner’s property and the infamy attaching to -himself, his children, and his grandchildren--by far the heavier part -of the punishment--could not in any way be commuted. - -However tardily confession might come from the _negativo_, the -inquisitors must accept and recognize it. Even if he were already bound -to the stake, and, at last, being taken with the fear of death, he -turned to the friar who never left him until the faggots were blazing, -admitted his guilt and offered to abjure his heresy, his life would be -spared. And this for all that they recognized that a confession in such -extremes was wrung from him by “the fear of death rather than any love -of truth.” - -It must naturally occur to any one that, conducted in secret as were -the examinations of the witnesses, and no opportunity being afforded -the accused of demolishing the evidence offered against him, since he -was rarely informed of its extent, many a good Catholic, or, at least, -many a man innocent of all heretical practices, must have gone to his -death as a _negativo_. For the methods of the Holy Office opened the -door extraordinarily wide to malevolence; and human nature being such -as it is--and such as it was in the fifteenth century--it is not to be -supposed that malevolence never seized the chance, that it never slunk -in through that gaping door to vent itself in such close and sheltered -secrecy--to strike in the back, in the dark, with almost perfect -immunity to itself, at the man who was hated, or envied, or whom it was -desired to supplant. - -It was not sufficient for the prisoner to protest his innocence. He -must prove it categorically. An innocent man might be unable to furnish -categorical proof; witnesses for the defence were extremely difficult -to obtain by one who was charged with heresy; it was a dangerous thing -to testify in favour of such a man; should his conviction none the less -follow, the witness for the defence might find himself prosecuted as -a befriender, or _fautor_, of heretics. Yet, even when testimony for -the defence was obtained, the judges leaned upon principle to the side -of the accusers; and since they considered it their mission to convict -rather than to judge, they would always assume that the accusers were -better informed than the defenders. - -Therefore this danger of death to the innocent existed. The inquisitors -themselves did not lose sight of it, for they lost sight of nothing. -But how did they provide for it? Pegna has a great deal to say upon -the subject. He tells us that some authorities pretend that when a -_negativus_ protests that he staunchly believes all that is taught by -the Roman Catholic Church such a man should not be abandoned to the -secular arm. - -But this is an argument mentioned by the scholiast merely that he may -demolish it. It is indefensible, he says with confidence; and, as -indefensible, it is almost universally rejected. - -Torquemada most certainly did not favour it. He lays it down clearly in -Art. XXIV of his first “Instrucciones” that a _negativo_ must be deemed -an impenitent heretic, however much he may protest his Catholicism. The -accused will not satisfy the Church, which demands confession of his -fault solely that she may pardon it; and she cannot pardon it until it -is confessed. That is the inquisitorial view of the matter. - -It is evident that the danger of occasionally burning an innocent man -did not perturb the inquisitorial mind. In fact, Pegna reveals to the -full the equanimity with which it could contemplate such an accident. - -“After all,” says he, “should an innocent person be unjustly condemned, -he should not complain of the sentence of the Church, which was founded -upon sufficient proof, and which cannot judge of what is hidden. If -false witnesses condemned him, he should receive the sentence with -resignation, and rejoice in dying for the truth.”[118] - -He is also, we are to suppose, to rejoice with the same -lightheartedness at the prospect of his children’s destitution and -infamy. - -Anything, it seems, is possible to argument, and the craziest argument -may be convincing to him who employs it. Pegna makes this abundantly -clear. - -An innocent man might be tempted to save his life by a falsehood, by -making the desired confession; and many a man may so have escaped -burning. This also the scholiast duly weighs. He propounds the question -whether a man convicted by false witnesses is justified in saving his -life by a confession of crimes which he has not committed.[119] - -He contends that, reputation being an external good, each is at liberty -to sacrifice it to avoid torments that are hurtful, or to save his -life, which is the most precious of all possessions. - -In this contention the scholiast lacks his usual speciousness. He has -entirely overlooked that whether an innocent man confesses or not, -whether he is burnt or sent to perpetual imprisonment, his reputation -is equally blasted. The inquisitors see to that. His silence is -interpreted as impenitence. - -But it is evident that Pegna himself is not quite satisfied with what -he urges. He vacillates a little. Strong swimmer though he is, these -swirling waters of casuistry begin to give him trouble. He seems -here to turn in an attempt to regain the shore. “Who thus accuses -himself,” he concludes, “commits a venial sin against the love which -he owes himself and a falsehood in confessing a crime which he has not -committed. This falsehood is particularly criminal when uttered to a -judge who examines juridically, for it then becomes a mortal sin. And -even though it were no more than venial, it would not be permitted to -commit it for the sake of avoiding death or torture.” - -“Therefore,” he sums up, “however hard it may seem for an innocent -man condemned as a _negativus_ to die under such circumstances, his -confessor must exhort him not to accuse himself falsely, reminding him -that if he suffers death with resignation he will obtain the martyr’s -immortal crown.” - -In short, to burn at the stake for crimes never committed is a boon, a -privilege, a glory to be enjoyed with a profound gratitude towards the -inquisitors who vouchsafed it. One cannot help a pang of regret at the -thought that the scholiast himself should have been denied that glory. - - * * * * * - -A person was considered _relapsus_--relapsed into heresy--not only if, -as in the case of the self-delator who availed himself of the edict of -grace, he had once been pardoned an avowed heresy, but if he had once -abjured a heresy of which he had been suspected either vehemently or -violently. And it was of no account whether the heresy of which he was -now convicted was that particular one of which formerly he had been -suspected, or an entirely fresh one. Moreover, to convict as a relapsed -heretic one who had already abjured, it was sufficient to show that he -held intercourse with heretics. - -Further, a person would be dealt with as _relapsus_ in the event of -formal proof appearing that he had actually committed the heresy which -he had abjured as suspect, although his conduct since abjuration might -have been entirely blameless. For it was argued that these fresh -proofs, although acquired after abjuration, revealed the person’s -real guilt, and showed that he had been judged too leniently in being -allowed to abjure merely upon suspicion.[120] - -In fact, it was held that he had acted in bad faith towards the -inquisitors; that he had neglected to confess his sin when he was given -the opportunity; that he had attempted to defraud the treasury of his -property, which was due to it by confiscation. Since he had not made -an open and complete confession, it was argued that he was clearly an -impenitent heretic, for whom there could be no mercy--or only a very -slight one, as we shall see. - -Canonical purgation entailed the same sequel as abjuration for one -against whom proofs of heresy were afterwards forthcoming. Thus, -to quote an instance given by Pegna: if a man should be suspected -of thinking that heretics should be tolerated, and if after being -canonically purged of the offence against the Faith contained in that -sentiment of which he was suspected, it should be proved against him -that his acts or words had actually expressed that sentiment, he must -be considered a relapsed heretic. - -Torquemada further decreed that any who after reconciliation should -fail to fulfil the penance imposed upon him, or any part of it, must -be deemed relapsed. The argument, obviously, was that a neglect of -this penance showed a want of proper contrition, which could only be -explained in one way. - - * * * * * - -A relapsed heretic, once his guilt was thoroughly established, must be -“abandoned to the secular arm,” and this notwithstanding any repentance -he might manifest or any promises he might make for the future. “_Sine -audientia quacumque_,” says Eymeric.[121] “In effect,” adds his -commentator, “it is enough that such people should once have defrauded -the Church by false confession”[122]--a statement this, diametrically -opposed to the injunction of the Founder of Christianity on the score -of forgiveness. - -All the mercy they vouchsafed a relapsed heretic who confessed and -expressed repentance was the mercy of being strangled at the stake -before his body was burnt. - -Eymeric instructs inquisitors to see that the prisoner is visited and -entertained on the subject of contempt for this world, the miseries of -this life and the joys of Paradise. He should be given to understand -that there is no hope of his escaping temporal death, and he should -be induced to put the affairs of his conscience in order. He is to be -accorded the sacraments of Penitence and the Eucharist if he solicits -them with humility. Further, the inquisitor is advised not to visit him -personally, lest the sight of him should excite the sin of anger in the -doomed man, and so turn him from the sentiments of patience and penance -which are to be inspired in him. - -It would seem at least that the inquisitors had no delusions as to -the sentiments which the sight of them inspired in their victims, -just as it seems that they were able to endure these with Christian -resignation--perhaps even with that sense of martyrdom of him who -accounts himself misunderstood or misjudged. - -After some days thus employed in preparing the prisoner for death, the -inquisitor should advise the secular justices of the day and hour and -place when and where he would abandon to them a heretic. At the same -time an announcement should be made to the people inviting them to -attend, as the inquisitor is to preach a sermon of the Faith, and those -who are present will gain the usual indulgences.[123] - -It is not necessary at present to enter into particulars of the -dread ceremonial, the ghastly, almost theatrical, solemnities that -went to compose the greatest horror that has sprung from the womb of -Christianity: the Auto de Fé. - -“An Asiatic,” says Voltaire, “arriving in Madrid on the day of an -Auto de Fé, would doubt whether here was a festival, a religious -celebration, a sacrifice, or a massacre. It is all of these. They -reproach Montezuma with sacrificing human captives to God. What would -he have said had he witnessed an Auto de Fé?”[124] - -Occasion to enter into these details will occur later. We are more -concerned at the moment with the words of the inquisitors than with -their acts, and it is necessary on the subject of the laws that -governed the Auto de Fé to touch upon quite the most extraordinary of -all the quibbles by means of which the Holy Office avoided--in the -letter--committing an irregularity. - -Nothing in the whole of its jurisprudence savours more rankly of -hypocrisy than this matter of abandoning a heretic to the secular arm. -It is the very last word in that science which it is the fashion to -call “Jesuitism,” but which we think might quite as aptly and justly -be termed “Dominicanism.” Yet it would be very rash to say that these -men were prompted by conscious hypocrisy. Such is certainly not -the inference to be drawn from their jurisprudence. Stupidity--the -stupidity of the man of one idea, of the man who is able to perceive -but one thing at a time--was, rather than hypocrisy, responsible for -what they did. - -They were imbued with a passion for formality, for procedure that -should be scrupulously correct, scrupulously in accordance with the -letter of the law; and they justified their circumvention, their -perversion of its spirit, with crazy arguments that must at least -have been convincing to themselves, obfuscated as they were by the -fanaticism that bubbled through their extraordinary intelligences. - -We say that these arguments must have been convincing to themselves, -because we find them in books that were never intended to be perused -by any but inquisitors and ecclesiastics. Since these books were never -meant to be placed before the world, no suspicion can attach to them of -having deliberately and hypocritically resorted to sophistries for the -purpose of hoodwinking the lay mind. - -It was themselves they hoodwinked--by the arguments they themselves -conceived--and although it is undeniable that they practised a -deception which must provoke the scorn of every thoughtful man, yet it -must be remembered that this deception was the self-deception that lies -in wait for every fanatic, whatever the subject of his fanaticism. By -staring too long and too intently at one object, that object itself -becomes blurred and indistinct. - -“_Ecclesia abhorret a sanguine._” - -That was the principle that governed them. Conceive it! - -The tenet that a Christian must not be guilty of shedding blood or -causing the death of a fellow-creature has been touched upon more -than once in these pages. It has been seen how in the very dawn of -Christianity the Christian’s refusal to bear arms in the service of -the State gave rise to friction with the Roman authorities, and, -being construed into insubordination, was one of the causes of the -persecutions to which Christians were subjected in the first and second -centuries. As time went on, under stress of the necessities of this -world, the Christian was forced to abandon that fine and loftily -humanitarian ideal. Soon he had not only abandoned it under pressure -of expediency, but he had forgotten it altogether; so that he donned -the cross of the crusader, and went forth sword in hand, exultantly, to -shed the blood of the infidel in the name of that tender Founder Whose -disciple had brought to Rome the great Message of Forbearance. - -But however much it might be accounted justifiable and even necessary -for the Christian layman to wield the sword, the priest still continued -under the prohibition to shed blood or compass the death of any man. -And if a priest lay under such an injunction, so must a tribunal that -was controlled by priests. - -Therefore it follows that not only was it admittedly illicit for the -inquisitor to pass a capital sentence, to send a man to his death, but -even to be in any way a party to such an act. - -This was the letter of the law, and, happen what might, that letter -must suffer no violence. Nor did it. When the accused was found guilty -of heresy, when he was impenitent, or relapsed, the inquisitor was -careful that the sentence he passed contained no single word that could -render him responsible for the delinquent’s death. Far from it. The -inquisitors earnestly implored the secular justiciaries to whom they -abandoned him not to do him any hurt whatever. - -But consider the actual formula of the sentence as prescribed by -Eymeric. It concluded thus: - -“The Church of God can do no more for you, since you have already -abused its goodness.... Therefore we cast you out from the Church, and -we abandon you to the secular justice, beseeching it none the less, -and earnestly, so to moderate its sentence that it may deal with you -without shedding your blood or putting you in danger of death.”[125] - - * * * * * - -They were careful not so much as to say that they _delivered_ him -to the secular arm; for delivery suggests activity in a matter in -which they must remain absolutely passive. They merely _abandoned_ -him. Pilate-like, they washed their hands of him. If the secular -justiciaries chose to bear him away and burn him at the stake in spite -of their “earnest intercessions” to the contrary, that was the secular -justiciaries’ affair. - -Thus was the letter of the law most scrupulously observed, and the -inquisitor displayed in his intercession on the heretic’s behalf the -benignity proper to his sacerdotal office. His conscience was entirely -at peace. - -For the rest, he knew, of course, that there was a bull of Innocent IV, -known as “ad extirpanda,” which compelled the secular justiciaries, -under pain of greater excommunication, and of being themselves -prosecuted as heretics and _fautores_, to put to death within a term -of not more than five days any convicted heretic taken within their -jurisdiction. - -Francesco Pegna recommends inquisitors to be careful not to omit -the intercession on the prisoner’s behalf, lest they should render -themselves guilty of an irregularity. At the same time he raises -the interesting question whether an inquisitor can reconcile this -intercession with his conscience--not, as you might suppose, upon the -score of the dissimulation it entails; but purely on the ground that it -is most strictly forbidden to intercede on behalf of heretics; to do -so, indeed, is to incur suspicion of being a befriender of heretics--an -offence as punishable as heresy itself. - -This question he has no difficulty in answering. Thus: - -“In truth it would not be permitted to employ for a heretic an -intercession that would be of any advantage to him, or which tended to -hinder the justice which is to be executed upon his crime, but only -an intercession whose aim it is to relieve the inquisitor of the -irregularity he might otherwise incur.” - -He goes on to say that when the heretic has been abandoned to the -secular justiciaries, the latter must pronounce their own sentence and -conduct him to the place of execution, permitting him to be accompanied -by pious men, who will pray for him and not leave him until he shall -have delivered up his soul. And he reminds the inquisitors--though it -hardly seems necessary--that should the magistrates delay in putting to -death a heretic who has been abandoned to them, they must be regarded -as _fautores_ and themselves prosecuted. - - * * * * * - -Innocent IV, as we have seen, allowed the magistrates a term of five -days in which to do their duty in this matter, and in Italy it was -usual to take the heretics back to prison after sentence, and bring -them forth again upon a week-day--always within the prescribed term--to -be burnt. In Spain, however, the custom was that the magistrates having -pronounced their own sentence--as soon as the heretic was abandoned to -them--should immediately proceed to execute it. - -According to some authorities the sentence, by which was meant the -Auto de Fé generally, should not take place in church. Pegna agrees -with these, but not upon the score of the desecration of sanctuary, -which was their reason. He agrees because in a large open space -higher scaffolds can be erected for the Auto, and greater multitudes -can assemble to witness this uplifting spectacle of the triumph of -the Faith. On the same grounds does he belittle those who maintain -that heretics should not be put to death on Sundays. He considers -it quite the best day of the week, and excellent the Spanish custom -that appoints it for the Auto, “for,” he says, “it is good that large -multitudes should attend, so that fear may turn them from evil ways; -the spectacle being one that inspires the attendance with terror and -presents a fearful image of the last judgment.” - -That it is expedient to put heretics to death no pious authority has -ever ventured to dispute. But there have been differences of opinion on -the subject of the means by which this should be done. The scholiast -is entirely on the side of the large majority that considers fire the -proper instrument, and actually cites the Saviour’s own authority for -this: “If a man abide not in me, he is cast forth as a branch that is -withered; and men gather them, and cast them into the fire, and they -are burned” (John xv. 6). - - * * * * * - -If the accused should happen to be a cleric, he must be unfrocked and -degraded by a bishop before being arrayed in the hideous _sanbenito_ -and abandoned to the secular arm, whilst those convicted of contumacy -were--if still absent at the time of the sentence--to be burnt in -effigy pending their capture, when, without further trial, they would -be burnt alive. - -In effigy also were burnt those convicted after death, these effigies -being cast into the flames together with the remains of the dead man, -which were exhumed for the purpose. - - * * * * * - -Reference has several times been made here to the _sanbenito_ which was -imposed upon all whom the Holy Office found guilty of heresy, whether -reconciled or abandoned, and also upon those who were suspected in the -degree _violenter_. - -In this garment they attended the Auto de Fé, and went to execution if -they were abandoned; or they might be required to wear it for varying -periods after reconciliation, and in some instances for as long as they -lived, to advertise their infamy. - -It was the perversion into a garb of shame and disgrace of the -penitential garment originally prescribed by St. Dominic; for whereas -once it--or, rather, that from which it was derived--had been worn -even by princes as an outward mark of contrition for the sins into -which they had fallen, it was now imposed that it might subject its -wearer to opprobrium and contempt. - -St. Dominic’s instructions were that it should be a sackcloth habit, -of the kind worn by his own brotherhood, and that its colour might be -at the discretion of the wearer so long as it was sombre. As it had -ever been the custom of the Church to bless the “sack” or tunic worn by -members of religious confraternities or by those upon whom it had been -imposed as a penance, such a garment was called a _saco bendito_, which -in course of time was contracted into _sanbenito_, though also known by -its proper Spanish name of _zamarra_. - -When the crusade against the Albigensian heretics was at its height in -Southern France, not only did the crusaders wear the cross upon their -garments, but all faithful Catholics assumed it for their protection; -for--as on the night of the St. Bartholomew, some four centuries -later--no man’s life was safe if he did not display that device. St. -Dominic desired that the penitent should enjoy the same protection, but -so that his penance should still be proclaimed, he was ordered to wear -two crosses, one on each breast. - -Later, when the wars of religion had ceased, and the general wearing -of the cross was abandoned, the Council of Toulouse decreed, in 1229, -that these penitential crosses should be yellow, whilst the Council of -Beziers, four years later, going further into the matter, ordained that -they should be two and a half hands long (vertical) by two hands wide -(horizontal), and that they should be made of cloth of the width of -three fingers. Instead of being worn upon the breast, as hitherto, they -were now placed one on the breast and one on the back, with a third on -the hood or veil if hood or veil were worn. - -For abettors of heresy the following solemn penance was enjoined by -the Council of Tarragona in 1242: - -“On All Saints’, on the First Sunday in Advent, on the feasts of -Christmas, the Circumcision, the Epiphany, St. Mary of February -(Purification), St. Mary of March, and all Sundays in Lent, the -penitents shall go to the Cathedral to take part in the procession. -They shall be dressed only in their shirts, barefoot, their arms -crossed, and they shall be whipped in the procession by the bishop or -parish priest. Similarly shall they repair to the Cathedral on Ash -Wednesday in their shirts, barefoot, their arms crossed, and submit -to banishment from church for all Lent; so that during that season -they must remain at the church door and hear the service thence. On -Thursday in Holy Week they shall come to the church to be reconciled -in accordance with the canonical provisions, it being understood that -this penance of remaining out of the church through Lent and of being -whipped in procession on the days appointed shall be performed yearly -for the remainder of the penitents’ lives.” - - * * * * * - -At first, and down to Eymeric’s day, the _sanbenito_ preserved its -original form--a tunic similar to that worn by the members of regular -orders. But in the fourteenth century it was altered to a scapulary or -tabard, with an opening at the top through which the head was passed; -it was to be of the full width of the body, and to descend no lower -than the knees, lest it should too closely resemble the scapulary -which the regulars wore in addition to their tunic. Soon after it was -resolved that it should be of yellow sackcloth, and that the crosses -should be red. - -Once this stage was reached, it may be said that the transition from a -garment solely of penitence into a garment chiefly of shame and infamy -was complete. [Illustration: - - _Photo by Donald Macbeth._ - -PROCESSION TO AUTO DE FÉ. - -From Limborch’s “Historia Inquisitionis.”] - -We have said that the imposition of the _sanbenito_ had been falling -into desuetude during the fifteenth century. But for Torquemada it -might indeed have become entirely obsolete. It happened, however, -that the Prior of Holy Cross perceived the virtues of it, the salutary -results to be obtained from parading the victims of the Holy Office in -that hideous garb. Therefore he revived it, and strongly enjoined its -use by all offenders save those against whom there was no more than -evil reputation, and who submitted themselves to be purged of this -canonically. - -It was not, however, until the famous Ximenes de Cisneros, who became -Grand Inquisitor some ten years after Torquemada’s death--that the -_sanbenito_ attained its full development, the form which it was to -preserve until the extinction of the Inquisition. - -Cisneros substituted for the ordinary rectangular cross worn on back -and breast of the _sanbenito_ an _aspa_, or St. Andrew’s cross, and he -otherwise disposed that the _sanbenito_ might proclaim the offence and -sentence of its wearer. Three varieties were devised for those who were -abjuring a heresy of which they had incurred suspicion: the suspect of -the degree _leviter_ wore a perfectly plain _sanbenito_ without any -cross or other device; the suspect _vehementer_ wore upon back and -breast one arm only of the St. Andrew’s cross; the suspect _violenter_ -was made to wear the full cross. - -Those actually convicted of heresy wore in addition to the _sanbenito_ -a tall mitre, or pyramidal cap, made of cardboard and covered -with yellow sackcloth; and that their precise condition might be -distinguished, the following differentiations were prescribed: the -heretic who repented before the passing of sentence, and who--not being -a relapsed--was not to die by fire, bore upon the breast and back of -his _sanbenito_ and upon the front and back of his _coroza_, as the -mitre was called, a full St. Andrew’s cross; the relapsed heretic -who had repented before the Auto bore, in addition to the crosses, -the device of a bust upon burning faggots on the nether part of his -_sanbenito_; further his _sanbenito_ and _coroza_ were flecked with -tongues of flame, which pointed downwards to signify that he was not -to die by fire, although his body was to be burnt. He had deserved -the charity of being strangled at the stake before the faggots were -ignited. And this mercy, be it added, the Holy Office conceded to any -heretic who at the eleventh hour confessed his guilt and desired to -make his peace with the Church and die, as it were, upon her loving -bosom. To this end the condemned was accompanied from the Auto to the -stake by two friars, who never ceased to exhort him to make confession, -save his body from the temporal torment of physical fire, and his soul -from the eternal torment of spiritual fire. - -Finally, the impenitent heretic bore the same devices as the relapsed -penitent, but in his case the tongues of flame pointed upwards to show -that he was to die by them, and his _sanbenito_ was further daubed -with crude paintings of devils--horrible, grotesque caricatures--to -advertise the spirits ruling over his soul. - - * * * * * - -Something should by now have been gathered of the spirit of the -Inquisition as reflected in the pages of Eymeric and his commentator -Pegna in that “Directorium” upon which such copious draught has been -made for these chapters upon the Jurisprudence of the Holy Office. It -is worth while, before proceeding, to cite another author’s views upon -Justice and Mercy as understood by the Inquisition, and to consider an -illuminating passage from the pen of Garcia de Trasmiera. - -This Trasmiera--to whom reference has been made already--was an -Aragonese, an inquisitor who lived in the seventeenth century--nearly -two hundred years after the epoch with which we are here concerned. We -might go to a score of other sources, from Paramo downwards, for very -similar sentiments, and the only reason for choosing this particular -passage from Trasmiera is that it is almost in the nature of an -epitome. - -He seems to summarize the very arguments with which Torquemada and his -delegates convinced themselves not merely of the righteousness, but of -the inevitability--if they were to do their duty by God and man, and -fulfil the destinies for which they had been sent into this world--of -the task to which they had set their hands. - -“These two virtues of Mercy and Justice,” says the Aragonese writer, -with all the authority of an Evangelist, “are so closely united in -God, although we imperfectly judge them to be opposed, that Divine -Wisdom but avails Itself of the one, the more gloriously to exercise -the other. The most proper effect of the Divine Mercy, none doubts, -is the salvation of souls, and who can doubt that what in this court -of the Inquisition appears to be rigour of Justice is really medicine -prescribed by Mercy for the good of the delinquents? Just as it would -be a barbarous judgment to attribute to cruelty on the part of the -surgeon the cautery of fire which he employs to destroy the contagious -cancer of the patient, so it would be crass ignorance to suppose that -these laws which appear to be severities are prescribed for any purpose -other than that which governs the surgeon in curing his patient, or -a father in punishing his child. Says the Holy Ghost: ‘Who does not -use the rod hates the child,’ and elsewhere: ‘God punishes whom He -loves.’”[126] - -Could perversity of interpretation go further? In Rome, in Torquemada’s -day, the Father of Christianity was granting absolutions, commuting the -punishment of hanging to pecuniary penances where such penances were -solicited, and justifying such commutation by reminding Christianity -that God does not desire the death of a sinner, but rather that he -should live and be converted. - -It would seem as if Inquisitor and Pontiff did not see eye to eye in -this matter of Mercy and Justice. To the credit of the Pontiff be it -said. - -Trasmiera, echoing the inquisitorial casuistry of centuries, holds -that the rigour of Justice is prescribed by Mercy for the good of the -delinquents. The impenitent Judaizer was sent to the stake. How could -that redound to his good in this world or the next? We could admit a -certain logical consummation of their arguments if the inquisitors had -confined themselves to burning those who repented, or those who were -innocent even; by burning these whilst they were in a state of grace -they would have ensured their salvation by abstracting them from all -perils of future sin. But to burn the impenitent upon such grounds as -they themselves urged, believing, as they did, that just as surely as -his mortal part was burnt there at the stake, just so surely would his -immortal part burn through all eternity in hell--that was, clearly, by -their own lights, to perpetrate the murder of his soul. - - - - -CHAPTER XIV - -PEDRO ARBUÉS DE EPILA - - -There is no difficulty in believing Llorente’s statement--based -upon extracts from contemporary chronicles--to the effect that the -Inquisition was not looked upon with favour in Castile. It was -impossible that a civilized and enlightened people should view with -equanimity the institution of a tribunal whose methods, however based -fundamentally upon those of the civil courts, were in the details of -their practice so opposed to all conceptions of equity. - -In no Catholic country does the cherishing of a fervent faith, in -itself, imply respect for the clergy. Nor, for that matter, does -the respect of any religion in itself signify respect for those who -administer it. It appears to do so; it is even prescribed that it -should; but in point of fact it seldom does, other than with simple -peasant classes. The ministers, after all, are men; but by virtue of -their office they labour under disadvantages greater than the ordinary -man’s. When they display the failings to which all men are subject, -these failings wear a much graver aspect by virtue of the office they -hold and the greater purity which that office implies. Holiness is -looked upon as the priest’s trade, and it is expected that he should -conduct that trade honestly, as any layman conducts the affairs by -which he earns his livelihood. The only test of honesty in the priest, -of whatever denomination, lies in his own conduct; and when this falls -short of that high standard in which he claims to deal, he earns a -contempt akin to that which overtakes the trader who defrauds his -creditors. It is remembered then, to his disadvantage, that under his -cassock the cleric is a man, and so subject to all the faults that -are man’s heritage. But it happens that in addition to these he is -subject to other failings that are peculiarly of the cassock, failings -which the world has never been slow to discern in him. The worst of -these is the ecclesiastical arrogance, the sacerdotal pride which -has been manifested by priests of all cults, but which in none is so -intolerable as in the Christian, who expounds a gospel of humility and -self-abnegation. He is akin to a feudal tyrant who grinds the faces of -his serfs whilst he lectures them upon the glories of democracy. - -Of such priests Spain of the fifteenth century had an abundant share. -She knew them and mistrusted them, and hence she mistrusted any -organization of theirs which should transcend the strict limits of -their office. - -Now, the tribunal of the Inquisition laid itself peculiarly open to -this mistrust in consequence of the secrecy of its proceedings--a -secrecy, as we know, greatly increased by the enactments of Torquemada. -Its trials were not conducted in open court; the examination of -witnesses took place in secret and under the veil of anonymity, so that -the world had no assurance of the honesty of the proceedings. When it -happened that a man was arrested, the world, as a rule, knew him no -more until he came forth, candle in hand, arrayed in a _sanbenito_ to -play his tragic part in an Auto. - -By virtue of this secrecy the Inquisition had invested itself with a -power far greater, more subtle, and farther-reaching than that of any -civil court. The might of the Grand Inquisitor was almost boundless, -and he was unanswerable to any temporal authority for the arbitrariness -with which he exercised it. Rivalling the sovereign power in much, in -much else the Grand Inquisitor’s went above and beyond it, for not even -the King himself could interfere in matters of the Faith with one who -held his office directly from the Pope. - -The net which Torquemada cast was of the very widest; the meshes of -that net were of the closest, so that no man, however humble, could -account himself safe; its threads were of the strongest, so that no -man, however powerful, could be sure of breaking through were he once -brought within its scope. - -What, then, but terror could Torquemada and his grim machinery -inspire? It is not difficult to believe the sometime secretary of the -Inquisition when he assures us that the Holy Office was not favourably -viewed in Spain. The marvel is that whilst the Castilians were chilled -by awe into inactivity and meek submission, it should have remained for -Aragon, which already had known an inquisition for a century, to rise -up in rebellion. - -And yet what may seem at first glance a reason why Aragon should have -submitted to Torquemada’s rule in matters of the Faith, may be the -very reason of its rash and futile rebellion. For a hundred years -already the court of the Holy Office had been operating there; but its -operations, never vigorous, had become otiose. In this inactive form -Aragon had suffered it to continue. But of a sudden it was roused from -that lethargy by Torquemada. It was bidden to enforce its stern decrees -and other sterner decrees which he added to those already in existence, -and to follow the course of arbitrary procedure which he laid down. -Never welcome in Aragon, it now became intolerable. The New-Christians, -who knew the fate of their Castilian brethren, went with fear in their -countenances, and despair and its fierce courage in their hearts. - -In the spring of 1484 Ferdinand held his Cortes at Tarragona. He was -attended on the occasion by Torquemada, and he seized the opportunity -to present to his kingdom the gaunt Prior of Holy Cross, its -pontifically-appointed Grand Inquisitor. - -Torquemada’s activity matched his boundless zeal. At once he -convened a council composed of the Vice-Chancellor of Aragon, Alonso -de Caballeria--himself a New-Christian--the Royal Councillor Alonso -Carillo, and some doctors of canon law, that they might decide upon the -course to be adopted in Aragon to the end that the Inquisition might be -conducted with absolute uniformity there, as in Castile. This done, he -proceeded to appoint inquisitors to the Archbishopric of Zaragoza, and -his choice fell upon Frey Gaspar Yuglar and Frey Pedro Arbués de Epila, -Master of Theology and Canon of the Metropolitan Church of Zaragoza. - -After the publication of the “Instructions” drawn up that same year in -Seville, Torquemada further appointed to the Holy Office of Zaragoza a -fiscal advocate, an apparitor, notaries, and receivers, whereupon that -office began immediately to exercise its functions under the new system. - -At once the courage of despair roused the New-Christians to opposition. -Amongst them were many who held high positions at court, persons of -great influence and esteem, and these immediately determined to send a -deputation to the Vatican and another to the Sovereigns to voice their -protests against the institution of this tribunal in Aragon, and to -beseech that it be abolished, or at least curtailed in its powers and -inhibited from proceeding to confiscation, which was contrary to the -law of the land. - -This last was a shrewd request, based no doubt upon the conviction -that, deprived of the confiscations upon which it battened, the -tribunal must languish and very soon return to its former inoperative -condition. - -Nor were the _conversos_ the only ones to denounce the procedure of the -Holy Office. Zurita records that many of the principal nobles of Aragon -rebelled against it, protesting that it was against the liberties of -the kingdom to confiscate the property of men who were never allowed to -learn the names of those who bore witness against them. - -As well might they have appealed against death--for death itself was -not more irresistible or inexorable than Torquemada. All the fruit -borne by their labours was that those who had lent their names to the -petition were ultimately prosecuted as hinderers of the Holy Office. -But this did not immediately happen. - -In the meanwhile Torquemada’s delegates, Arbués and Yuglar, went about -the business entrusted to them with that imperturbability which the -“Directorium” enjoins. They published their edicts, ordered arrests, -carried out confiscations, and proceeded with such thoroughness that it -was not long before Zaragoza began to present the same lurid, ghastly -spectacles that were to be witnessed in the chief cities of Castile. - -In the following May (1485) they celebrated with great solemnity the -first Auto de Fé, penancing many and burning some. This was followed by -a second Auto in June. - -The despair and irritation of the New-Christians mounted higher at -these spectacles. It is believed to have reached its climax with the -sudden arrest of Leonardi Eli, one of the most influential, wealthy, -and respected _conversos_ of Zaragoza. - -Those who had put the petition afoot, abandoning now all hope of -obtaining any response either from the Sovereigns or from Rome, met -to concert other measures. Their leader was a man of influence named -Juan Pedro Sanchez. He had four brothers in influential positions at -Court, who had lent their services in the matter of the petition to the -Sovereigns. - -A meeting took place in the house of one Luis de Santangel, and Sanchez -urged a desperate remedy for their desperate ills. They must strike -terror into their terrorizers. He proposed no less than the slaughter -of the inquisitors, urging with confidence that if they were slain -no others would dare to fill their places. In this he seems to have -underestimated the character of Torquemada. - -The proposal was adopted, an oath of secrecy was pledged, plans -were laid, measures were taken, and funds were collected to enable -these plans to be executed. Six assassins were chosen, among whom -were Juan de Abadia and his Gascon servant Vidal de Uranso, and Juan -de Esperandeu. This last was the son of a _converso_ then lying in -the prisons of the Inquisition, whose property had already been -confiscated; so that he was driven by the added spur of personal -revenge. There was, too, the further incentive of a sum of five hundred -florins promised by the conspirators to the slayer of Arbués, and -deposited by them for that purpose with Juan Pedro Sanchez.[127] - -Several early attempts to execute this project were baffled by -circumstances. It would seem, moreover, that Arbués had received some -warning of what was in store for him--or else he was simply conscious -of the general hatred he had incurred--for he exercised the greatest -prudence, took to wearing body armour, and was careful not to expose -himself in any way; all of which does not suggest in him that eagerness -for the martyr’s crown with which his biographer Trasmiera would have -us believe that he was imbued. - -At last, however, the assassins found their opportunity. Late on the -night of September 15 of that year, 1485, they penetrated into the -Metropolitan Church to lie in wait for their victims when these should -come to the midnight office imposed by the rule of their order. - -Juan de Abadia, with his Gascon servant Uranso and another, entered by -the main door. Esperandeu and his companions gained admittance through -the sacristy. - -About the pillars of the vast church, in the gloom that was scarcely -relieved by the altar-lamp, they waited silently, “like bloody wolves,” -says Trasmiera, “for the coming of that gentle lamb.” - -Towards midnight there was a stir overhead; lights beat faintly upon -the darkness; the canons were assembling for matins in the choir. - -A note of the organ boomed through the silence, and then Arbués entered -the church from the cloisters. - -It seemed that even now chance did not favour them, for Arbués came -alone, and their aim was to take both the inquisitors. - -The dominican was on his way to join his brethren in the choir. He -carried a lantern in one hand and a long bludgeon in the other. Nor did -his precautions end in this. He wore a shirt of mail under his white -habit, and there was a steel lining to his black velvet skull-cap. -He must indeed have gone in fear, that he could not trust himself to -matins save armed at all points. - -He crossed the nave on his way to the staircase leading to the choir. -But as he reached the pulpit on the left he halted and knelt to offer -up the prescribed prayer in adoration of the Sanctissimum Sacramentum. -He set the lantern down upon the ground beside him, and leant his club -against a pillar. - -Now was the assassins’ opportunity. He was at their mercy. And -although to strike now was to leave half their task undone, they must -have resolved that rather than postpone the matter again in the hope -of slaying both inquisitors, they had better take the one that was -delivered up to them. - -The chanting overhead muffled the sound of their steps as they crept -up behind Arbués, out of the blackness into the faint wheel of yellow -light cast by his lantern. - -Esperandeu was the first to strike, and he struck clumsily, doing no -more than wound the inquisitor in the left arm. But swift upon that -blow followed another from Uranso--a blow so violent that it smashed -part of the steel cap, and, presumably glancing off, opened a wound in -the inquisitor’s neck, which is believed to have been the real cause of -his death. - -It did not, however, at that moment incapacitate him. He staggered up, -and turned to the staircase that led to the choir. But now Esperandeu -returned to the assault, and drove at the Dominican so furiously -with his sword that, despite the shirt of mail with which Arbués was -protected, the blade went through him from side to side. - -The inquisitor fell, and lay still. The organ ceased abruptly, and the -assassins fled. - -There was confusion now in the choir. Down the stairs came the -friars with their lanterns, to discover the unconscious and -bleeding inquisitor. They took him up and carried him to bed. He -died forty-eight hours later at midnight on Saturday, September 17, -1485.[128] - -By morning all the town had heard of the deed, and the effect which -it produced was very different from that for which its perpetrators -had hoped. The Old-Christians, some moved by religious zeal, some by a -sense of justice, snatched up weapons and went forth to the cry of “To -the fire with the _conversos_!” - -The populace--an uncertain quantity, ever ready to be swayed by the -first voice that is loud enough, to follow the first leader who points -the way--took up the cry, and soon Zaragoza was in turmoil. Through -every street rang the clamours of the multitude, which threatened to -offer up one of those hecatombs in which fire disputes with steel the -horrid laurel of the day. - -The uproar penetrated to the Palace of Alfonso of Aragon, the -seventeen-year-old Archbishop of Zaragoza. It roused that bastard of -Catholic Ferdinand from his slumbers. A high-spirited lad, he summoned -the grandees of the city and the officers of justice, and rode out at -their head to meet and quell the rioters. But only by a promise that -the fullest justice should be done upon the murderers did he succeed -in dispersing them and restoring order to that distracted city. - - * * * * * - -“Divine Justice,” says Trasmiera, “permitted the deed, but not its -impunity.” - -Rash indeed had been the action of the New-Christians, and terrible -was the penalty exacted, terrible the price they were made to pay for -the life they had taken. In conceiving that they could intimidate by -such an act a man of Torquemada’s mettle, they displayed a lamentable -want of judgment, as was speedily proved. To fill the place of the -dead inquisitor, and to set about the stern business of avenging him, -Torquemada instantly dispatched to Zaragoza Fr. Juan Colvera, Fr. Pedro -de Monterubio, and Dr. Alonso de Alarcon. For the greater security of -themselves and their prisoners, these delegates set up their tribunal -in the royal alcazar of the Castle of Aljaferia, and proceeded to -institute an active search for the culprits. Several were seized, -amongst whom was Abadia’s servant, Vidal de Uranso. He was put to the -question, and an admission of his own guilt extracted from him. He was -tortured further in the endeavour to wring from him the names of his -associates in the deed, and finally he was promised “grace” if he would -divulge them. - -At this price the unfortunate Gascon consented to speak, betraying -all whom he had known to be in the plot and all whom he had known -to sympathize with it. And Llorente, who saw the records of the -proceedings, tells us that when Uranso claimed the promised grace, he -was benignly answered that he should receive the grace of not having -his hands hacked off--as must the others--before being hanged, drawn, -and quartered. - -Amongst those taken were Juan de Abadia, Juan de Esperandeu, and Luis -de Santangel. - -Esperandeu and Uranso suffered together at the Auto of June 30, -1486--the seventh held in Zaragoza that year. Esperandeu was dragged -through the city on a hurdle, his hands were hacked off on the steps -of the Cathedral, whereafter he was hanged, drawn, and quartered. Five -other conspirators suffered in the same Auto, being abandoned to the -secular arm and burnt alive. Two others, who had escaped, were burnt -in effigy, and one of these was that Juan Pedro Sanchez who had been -the leading spirit in the affair. And together with these living men -and the grotesque effigies of straw arrayed in _sanbenito_ and _coroza_ -they burnt the corpse of Juan de Abadia. He had cheated in part the -Justice of the Holy Office. He had committed suicide in prison by -eating a glass lamp.[129] - -Autos succeeded one another at such a rate now in Zaragoza that no less -than fourteen were held in that year 1486; 42 persons were burnt alive, -14 in effigy, and 134 were penanced in varying degrees from perpetual -imprisonment to public whippings. And to the end that the publicity of -these Autos might be increased and the salutary lesson inculcated by -them might be as far-reaching as possible, Torquemada ordered that a -fortnight before the holding of each it should be announced by public -proclamation, with great solemnity and parade of mounted familiars of -the Holy Office--a matter which upon this precedent became customary -throughout Spain. - -In his allusion to these Autos Trasmiera[130] advances one of the usual -sophistries employed by the Inquisition to justify its constant claim -that its proceedings were dictated by mercy. - -He assures us that it was a happiness (_dicha_) for the culprits to -die so soon, and he explains that to have allowed them to live would -have shown a greater rigour of justice--“as witnesseth Cain, upon whom -God placed a sign ordering that none should kill him since by the -prolongation of his life, his nature being what it was, he must commit -more sins, and thus more surely deserve greater degrees of punishment -in his eternal damnation.” - -It is a priest who puts forward this blasphemous assertion that God -desires the damnation of a sinner, and suggests that by burning -that sinner betimes, God is to be cheated--at least in part--of His -unspeakable purpose. It serves excellently to show to what desperate -shifts of argument men could be urged in the attempt to justify the -practices of the Holy Office. - -With precisely the same degree of authority does he assure us that all -the murderers died penitent--in consequence of the affectionate prayers -offered up for them by Arbués in the hour of his death. - -Vidal de Uranso’s confession had yielded up to the inquisitors the -names not only of participators in the murder of Arbués, but of those -who were believed by the Gascon to be in sympathy with the deed. By -pursuing the methods peculiarly their own to cause a prosecution to -spread like an oil-stain, slowly and surely covering an ever-widening -area, the inquisitors were able to cause the indictment of many whose -connection with the crime was of the remotest, and of others who, -moved by a very Christian pity, had afforded shelter to New-Christians -fleeing in terror before the blind vengeance of the Holy Office. -Among the latter many were prosecuted where there was no proof that -the fugitives they had sheltered were Judaizers or unfaithful. It -is believed that sheer panic had driven many perfectly innocent -New-Christians to depart from a city where no New-Christian might -account himself secure. But in consequence of the clause introduced by -the merciless Torquemada into his “Instructions,” a man’s flight was in -itself a sufficient reason for the presumption of his guilt. - -A reign of terror was established in Zaragoza. The tribunal of that -city became one of the busiest in Spain, and it is computed that -altogether some two hundred victims paid in one way and another for the -death of Pedro Arbués, so that there was hardly a family, noble or -simple, that was not plunged into mourning by the Justice of the Faith. - -Amongst those against whom proceedings were instituted were men of the -very first importance in the kingdom. One of these was that Alonso -de Caballeria, Vice-Chancellor of Aragon, who had been prominent in -the council summoned by Torquemada to determine the details of the -introduction of the Inquisition into Aragon. Nor did they confine their -attention to New-Christians. Amongst those they summoned to render to -the Holy Office an account of their deeds we find no less a person than -Don Jaime de Navarre, known as the Infante of Navarre or the Infante -of Tudela, the son of the Queen of Navarre, and King Ferdinand’s own -nephew. - -A fugitive New-Christian coming to Tudela cast himself upon the mercy -of the prince, and found shelter in Navarre for a few days until he -could escape into France. The inquisitors, whom nothing escaped, had -knowledge of this, and such was their might and arrogance that they -did not hesitate to arrest the Infante in the capital of his mother’s -independent kingdom. They haled this prince of the blood-royal -to Zaragoza to stand his trial upon the charge of hindering the -Holy Office. They cast him into prison, and subjected him to the -humiliating penance of being whipped round the Metropolitan Church by -two priests in the presence of his bastard cousin, the seventeen-year -old Archbishop, Alfonso of Aragon. Thereafter he was made to stand -penitentially, candle in hand, in view of all during High Mass, before -he could earn absolution of the ecclesiastical censure he had incurred. - - * * * * * - -Alonso de Caballeria is one of the few men in history who was able -successfully to defy and withstand the terrible power of that -sacerdotal court. - -This Vice-Chancellor was a man of great ability, the son of a wealthy -baptized Hebrew nobleman, whose name had been Bonafos, but who had -changed this to Caballeria upon receiving baptism, in accordance with -the prevailing custom. He was arrested not only upon the charge of -having given shelter to fugitives, but also upon suspicion of being, -himself, a Judaizer. - -Presuming upon his high position, and also upon the great esteem in -which he was held by his king, Caballeria showed the Inquisition an -intrepid countenance. He refused to recognize the authority of the -court and of Torquemada himself, appealing to the Pope, and including -in his appeal a strong complaint of the conduct of the inquisitors. - -This appeal was of such a character and the man’s own position was -so strong that on August 28, 1488, Innocent VIII dispatched a brief -inhibiting the inquisitors from proceeding further against the -Vice-Chancellor, and avocating to himself the case. But such was -Torquemada’s arrogance by now that he was no longer to be intimidated -by papal briefs. Under his directions the inquisitors of Zaragoza -replied that the allegations contained in Caballeria’s appeal were -false. The Pope, however, was insistent, and he compelled the Holy -Office to bow to his will and supreme authority. On October 20 of -that year the minutes of the case were forwarded to the Vatican. As a -result of their perusal His Holiness must have absolved Caballeria, for -not only was he delivered of the peril in which he had stood, but he -continued to rise steadily in honour and consequence until he became -Chief Judge and head of the Hermandad of Aragon.[131] - - * * * * * - -Llorente informs us[132] that he perused the records of some thirty -trials in connection with the Arbués affair, and that the publication -of any one of them would suffice to render the Inquisition detested, -were it not sufficiently detested already in all civilized countries, -including Spain. - -He mentions, however, two cases of interest and importance,[133] -to show how arbitrary was the spirit of the Inquisition, and how -far-reaching its arm. - -Juan Pedro Sanchez, the leader of the affair, having fled to Toulouse, -was, as we have seen, sentenced as contumacious and burnt in effigy -pending the seizure of his person. - -In Toulouse at this time there was a student named Antonio Agustin, a -member of an illustrious family of Aragon and a man destined to rise to -great dignity and honour. Under the impulse of fanaticism, and acting -in conjunction with several other Spaniards in Toulouse, he petitioned -for the arrest of Sanchez. When this had been effected, he indited a -letter to the inquisitors of Aragon, and forwarded it to his brother -Pedro in Zaragoza for delivery. - -Pedro, however, first discussed the matter with Guillerme Sanchez, -brother of the fugitive, and three friends, and all were opposed to -Agustin’s purpose. They decided not to deliver the letter, and they -wrote to Agustin begging him to withdraw his plea against Sanchez and -consent to the fugitive’s being restored to liberty. - -Agustin was persuaded, and replied informing his brother that he had -done as they had requested. Once Pedro Agustin in Zaragoza was assured -of this, he delivered the letters to the inquisitors--though why he -should have done so is not by any means clear. Possibly he conceived -that this was the wisest course to pursue, lest it should afterwards -transpire that he had suppressed such a communication. But from what -follows it will be seen how ill-advised he was. - -The Holy Office having received the letters, and supposing Juan Pedro -Sanchez still under arrest in Toulouse, ordered him to be brought to -Zaragoza. The courts of Toulouse replied that he had already been -released and that his whereabouts were now unknown. - -The inquisitors inquired into the matter with that terrible -thoroughness of which they commanded the means. They controlled the -most wonderful police system that the world has ever seen. A vast -civilian army was enrolled in the service of the Holy Office, as -members of the tertiary order of St. Dominic. These were the lay -brothers of the family, and as the position conferred upon those who -held it certain signal benefits, of which immunity from taxation was -one,[134] it will be understood that their number had to be limited, so -very considerable were the applications for enrolment. - -Originally this had been a penitential order, but very quickly it came -to be known as the Militia Christi, and its members as familiars of the -Holy Office--_i.e._ part of the family of St. Dominic. They dressed -in black, and wore the white cross of St. Dominic upon their doublets -and cloaks, and they were made to join the Confraternity of St. Peter -Martyr. The inquisitors seldom went abroad without an escort of these -armed lay-brothers. - -In the ranks of the Militia Christi were to be found men of all -professions, dignities, and callings. They formed the secret police -of the Inquisition, they were the eyes and ears of the Holy Office, -ubiquitous in every stratum of social life. - -Through these agents the inquisitors were not long in ascertaining what -had taken place in the matter of Juan Pedro Sanchez, and soon the five -friends were under arrest and forced to answer the serious charge of -hindering the Holy Office. - -They were paraded in public in the Auto of May 6, 1487, as -suspects--_leviter_--of Judaizing; they were penanced to stand in full -view of the people, candle in hand and wearing the _sanbenito_, during -Mass, and they were thereafter disqualified from holding any office or -benefice or pursuing any honourable profession during the good pleasure -of the inquisitors. - -As it was, they escaped lightly. That they were suspected _leviter_ of -Judaizing, shows us how easily that suspicion might be incurred. It was -purely constructive in this instance--an inference to be drawn from the -fact that they had befriended a Judaizer who was under sentence. - - * * * * * - -The other case is far more horrible. It shows in operation Torquemada’s -decree regarding the children of heretics, and reveals in the fullest -measure its appalling inhumanity. - -Another who had fled to Toulouse, fearing implication in the affair of -the murder of Arbués, was one Gaspar de Santa Cruz. It happened that -he died there, after having been sentenced as contumacious and burnt -in effigy at Zaragoza. It came to the ears of the inquisitors that he -had been assisted in his flight by his son; and not content with the -heavy punishment of infamy that must fall automatically upon that son -for sins that were not his own, not content with having reduced him to -destitution by confiscating his inheritance and by disqualifying him -from office, benefice, or honourable employment, they now seized his -person and indicted him for hindering. - -Arrayed in a yellow _sanbenito_, this son, who had discharged by his -father the sacrosanct duty which nature and humanity impose, was -exhibited to scorn in an Auto, and further penanced by being compelled -to come before the court of the Holy Office and testify to his father’s -contumacious flight. Nor did that ghoulish tribunal count itself -satisfied even then. It was further imposed upon him that he must -repair to Toulouse, exhume his father’s remains, and publicly burn -them, returning to Zaragoza with a properly attested report of the -performance, when he should receive absolution of the censures incurred. - -Santa Cruz carried out that barbarous command, as the only means of -saving his liberty and perhaps his life. For it is certain that had he -refused, it would have been argued that he had rejected the offered -means of reconciliation with the Church he had so grievously offended, -and he would have been prosecuted as impenitent; whilst had he availed -himself of the only alternative and fled, he must have been sentenced -as contumacious and would have gone to the stake if he were ever taken. - - * * * * * - -From the hour of his death Pedro Arbués de Epila was looked upon as a -saint and martyr, the notion being carefully fostered by the members of -his order in the minds of the faithful. - -And, as is usual in such cases, miraculous manifestations of his -sanctity are alleged to have begun in the very hour of his death. -Trasmiera tells us that the bells rang of themselves when he died, and -he opines that this serves to approve their use in a time when Luther -and others were condemning them as vain. - -The blood of the inquisitor, we learn from the same source, boiled -upon the stones of the church where it had fallen, and continued to -do so for a fortnight afterwards; whilst on any of the twelve days -immediately following the night of his murder, a handkerchief pressed -to the stones upon which his blood had been shed, when removed, was -found to be blood-stained. - -These, says Trasmiera, were miracles of which all were witnesses. There -is much more of the same kind--including an account of the inquisitor’s -apparitions after death, as testified by Mosen Blanco, to whom the -ghost appeared, and with whom it conversed at length--to be found in -Trasmiera’s “Vida y Muerte del Venerable Inquisidor, Pedro Arbués.” - -The sword with which he was slain was preserved in the Metropolitan -Church of Zaragoza, a relic sanctified by the blood that had embrued it. - -He was buried in the same church, and on the spot where he fell -Isabella raised a beautiful monument to his memory in 1487. Part of its -inscription ran: “Happy Zaragoza! Rejoice that here is buried he who is -the glory of the martyrs.” - -He was beatified two hundred years later by Alexander VII, largely in -consequence of the efforts of the Spanish inquisitors, who perceived -what an added prestige it would give their order if one of its -members were worshipped as a martyr. His canonization followed in -the nineteenth century. It was effected by Pope Pius IX, and was the -subject of much derisory comment in the Rome of that day, which had -just broken the shackles of clerical government that had trammelled it -for some fifteen hundred years. - - - - -CHAPTER XV - -TORQUEMADA’S FURTHER “INSTRUCTIONS” - - -The intrepid but ineffectual resistance offered by Zaragoza to the -Inquisition was emulated by the principal cities of Aragon; one and all -protested against the institution of this tribunal under the new form -which Torquemada had given it. - -But nowhere was resistance of the least avail against the iron purpose -of the Grand Inquisitor, armed with the entire force of civil justice -to constrain the people into submission to the ecclesiastical will. - -Teruel had been thrown into open revolt by the proposal to appoint -inquisitors there; and so fierce and determined was the armed -resistance, that not until the King’s troops made their appearance -in the streets of that city, in March 1485, were order and obedience -restored. - -In Valencia, too, there was a vigorous opposition led by the nobles, -and throughout Cataluña the resistance was so resolute that it was -not until two years later that the Sovereigns were able to reduce the -people to submission. - -Barcelona urged an ancient right to appoint her own inquisitors, -and refused persistently and angrily to recognize the authority of -Torquemada or his delegates, in spite of any bulls that might have been -issued by Sixtus IV and Innocent VIII. Nor was this city’s obstinacy -conquered until 1487, after Pope Innocent had issued his second bull, -confirming Torquemada in the office of Grand Inquisitor of Castile, -Leon, Aragon, and Valencia, and further extending his jurisdiction so -that it included all the Spains--in which bull he formally cancelled -the ancient rights of Barcelona to appoint her own inquisitors. - - * * * * * - -It should be sufficiently clear from this that, notwithstanding -the racial antipathy between Spaniard and Jew, notwithstanding the -religious spirit so very ardent in the people of Spain, serving -to aggravate beyond all reason that hatred of the Israelite, the -Inquisition--as Torquemada understood and controlled it--was very -far from being desired by them. That this grim institution should -have contrived so firmly to establish itself upon Spanish soil and to -wield there a power such as it wielded in no other Catholic country -of Europe, was due entirely to the brothers of St. Dominic and the -fanaticism of Torquemada playing upon the bigotry and acquisitiveness -of the Sovereigns. - -Assailants of the Roman Church have urged that the Inquisition was -a religious institution. Defenders of that same Church, in their -endeavour to shift so terrible a burden from her shoulders, have sought -to show that the Inquisition was a political machine. It was neither, -and at the same time it was both. But chiefly and primarily it was -just a clerical weapon. And clericalism in the Iberian Peninsula, -pervaded by the spirit of Torquemada, converted that institution into -an instrument far more dreadful and oppressive than was its character -in Italy, or France, or any other Roman Catholic country of the world -in which the Holy Office held jurisdiction. - -In Spain it had set up in the evening of the fifteenth century an -absolute reign of terror, depriving men of all liberty of conscience -and of speech and spreading a network of espionage over the face of the -land. - -And in the meantime, practice having brought to light certain -shortcomings in the decrees which he had already issued, Torquemada -added a further eleven articles in 1485. In the main, however, these -are concerned with the internal affairs of the Holy Office rather than -with its attitude towards offenders. - -Articles I and II provide for the payment of officers of the -Inquisition, and decree that no officer shall receive gifts of any -nature under pain of instant dismissal. - -Article III disposes that the inquisitors shall keep a permanent agent -in Rome, who shall be skilled in the law, so that he may attend to -matters appertaining to the Holy Office. - -From this it is to be inferred that appeals to the Vatican continued -to be numerous, notwithstanding the provisions made by the Pope to -constitute Torquemada the supreme arbiter in matters of the Faith. - -Articles V to XI are entirely concerned with details relating to -confiscations. These would be of no particular interest, but that they -serve to show how vast by now was the business of confiscation, since -the manner of conducting it and disposing of confiscated property -should demand so many decrees to govern it. - -Article IV is the only one that may be said to concern the actual -jurisprudence of the Holy Office. This is intended not so much to -soften the rigour as to remove the inconveniences that might arise out -of Article X of the “Instructions” of 1484. - -By that article it was decreed that confiscation should be -retrospective--_i.e._ that a heretic’s property should be confiscate -not from the day of the discovery of his heresy, but from the date of -the offence itself. So that any property that might in the meantime -have been alienated--whether in the ordinary way of commerce or -otherwise--must be considered as the property of the Holy Office, and -was to be seized by the Holy Office, no matter into whose hands it -might meanwhile have passed. - -Such a decree, as will be seen, was proving a serious hindrance to -trade; for it became unsafe to purchase anything from any one, since -should either party to the transaction subsequently be discovered to -have fallen into the sin of heresy prior to that transaction, the other -would be stripped of the acquired property, and might be subjected -to the entire loss. Moreover, as proceedings were taken against the -dead, and as there was no limit imposed upon the retrospection allowed -to inquisitors, no man could account himself safe from confiscations -incurred through the sin of some other from whom he or his forbears had -acquired the property. - -The vagueness of this article urgently demanded amending, and this -was the purpose of Article IV of the “Instructions” of 1485. It -decreed that all contracts concluded before 1479 should be accounted -valid, although it might come to be discovered against either of the -contracting parties that he was guilty of heresy at the time of such -contract. - -This is the only instance in which we find Torquemada promulgating a -decree to soften the rigour of any previous enactment, and it is very -clear that it is a decree dictated not by clemency but by expediency. - -In the event of fraud, or of any one being a party to a fraud to abuse -the privilege conferred by this article, Torquemada provided that the -offender, if reconciled, should receive a hundred lashes and be branded -on the face with a hot iron; whilst, if not reconciled--even though -he should be a good Catholic--he must suffer confiscation of all his -property.[135] - -To justify the punishment of branding on the face, the case of Cain -is urged as a proper precedent, and so modern a historian as Garcia -Rodrigo does not hesitate to put this seriously forward.[136] - -Three years later--in 1488--Torquemada found it necessary to add a -further fifteen articles to his “Instructions,” and we may anticipate a -little by briefly surveying their provisions at this stage. - -Complaints to Rome of the injustices and the excessive rigour -of the inquisitors--a constant feature of Torquemada’s -Grand-Inquisitorship--had by that time become so numerous that the Pope -found it necessary to order Torquemada to re-edit what Amador de los -Rios very aptly terms his “Code of Terror.”[137] - -The chief ground of these complaints had concerned the delays that so -commonly occurred in bringing an accused to trial. When a prisoner’s -acquittal ultimately chanced to take place, it was after a long term -of imprisonment for which there was no compensation or redress; and -when the person so treated was a man of position and influence, it is -natural that he would protest strongly against the treatment to which -he had been subjected before it was discovered that no charge could -be sustained against him. The real reason of these delays must not be -supposed to lie in dilatoriness or sluggishness on the part of the -inquisitors. Indeed, the excessive dispatch with which they conducted -the affairs of their tribunal is a matter to the scandal of which -Llorente draws attention more than once--and particularly in the course -of chronicling the fact that in the year of its introduction into -Toledo this court dealt--as we shall see--with no less than some 3,300 -cases, 27 of the accused being burnt and the remainder penanced in -various degrees. He protests with reason that it is utterly impossible -that at such a rate of procedure evidence can properly have been sifted -and any sort of justice done. - -Where delays took place they were the result of the extreme reluctance -on the part of the Holy Office to allow any to go free upon whom -its talons had once fastened. Thus, when even the slight degree or -evidence necessary to enable the inquisitors to convict was lacking, -they would delay in the daily hope that such evidence might be -forthcoming, and by repeated examinations they would meanwhile seek to -force the unfortunate prisoner into contradictions that should justify -them in resorting to torture. - -In view of the explicit pontifical command, Torquemada was compelled to -amend this state of things, at least in theory, by decreeing (Article -III) that there should be no delays in proceeding to trial through -lack of proof. Where proof was lacking, the accused should at once be -restored to liberty, since he could at any time--when fresh proof was -forthcoming--be rearrested. - -Similarly, with a view of expediting trials, he ordered (Article IV) -that since in all the courts of the Inquisition there were not the -necessary lawyers, henceforth, when a case was completed, the _dossier_ -of the proceedings should be sent to the Grand Inquisitor himself, and -he would then submit it to the lawyers of the Suprema, who would advise -upon it. - -But he amply made up for what softening of rigour might be contained in -these articles by the greater severity enjoined in some of the other -decrees which he embodied in these “Instructions” of 1488. - -Finding that the inquisitors of Aragon had been departing from certain -of his enactments of 1484, diluting them with the weaker rules that -had obtained under the old Inquisition in that kingdom, he commanded -that all inquisitors should proceed in strict obedience to the statutes -contained in the past “Instructions.” - -He provided (Article V) that the inquisitors should themselves visit -the prisons once in every fortnight, but that no outsiders should be -permitted to communicate with the prisoners, save of course the priests -who would go to comfort them. To the end that a still greater secrecy -should be observed in the trials, he commanded (Article VI) that when -the depositions of the witnesses were being taken none should be -present other than those who were by law absolutely necessary; and he -enjoined (Article VII) the safe and secret custody of all documents -relating to the cases tried. - -We are left to gather that the harshness of his enactment concerning -the children of heretics had been tempered a little by a natural -humane pity which did not at all commend itself to the pitiless Grand -Inquisitor; for we now find him (Article XI) enjoining inquisitors to -take care that the decree forbidding those unfortunates the use of gold -and silver and fine garments, and disqualifying them from honourable -employment, should be rigorously enforced. - -He provided (Article XIII) that all the expenses of the Holy -Office--which must have been enormous by now, considering to what vast -proportions he had developed that organization--should be defrayed -out of confiscated property before this was surrendered to the Royal -treasury; and further (Article XV), that all appointed notaries, -fiscals, and constables should discharge their functions in person and -not by deputy. - -The most interesting of these statutes of 1488, in consequence of -the information it conveys on the subject of the activities of the -Inquisition and the enormous scale of the prosecutions upon which it -was engaged, is contained in Article XIV. The prisons of Spain were -becoming so crowded, and the expense of maintaining the prisoners -was imposing so heavy a tax upon the Holy Office, that it had become -urgently necessary to make some fresh provision that would relieve this -burden. Therefore, as this article sets forth, Torquemada enjoined the -Sovereigns to order the building in every district of the Inquisition -of a quadrangular enclosure of small houses (_casillas_) for the -residence of those sentenced to the penance of imprisonment. These -houses were to be so contrived that the penitents might pursue in them -their business or trade and earn their own livelihood, thus relieving -the Inquisition of the heavy expense of supporting them. Each of these -quadrangular penitentiaries--for this is the origin of the term--was to -be equipped with its own chapel.[138] - - - - -CHAPTER XVI - -THE INQUISITION IN TOLEDO - - -Llorente, the historian of the Spanish Inquisition, and M. Fidel Fita, -the distinguished contributor to the “Boletin de la Real Academia de la -Historia,” both had access to and both made use of a record left by the -licentiate Sebastian de Orozco, an eyewitness of the establishment of -the Inquisition in Toledo. This has been printed verbatim by M. Fidel -Fita.[139] - -The details afforded by Orozco are so circumstantial that it is worth -while to follow them closely, since they may be said to afford a -typical picture of what was happening not only in the city with which -they are concerned, but throughout the whole of Spain. - -It was in May of the year 1485 that the Inquisition was first set up in -Toledo, that noble city erected upon a rock that rises sheer from the -swirling waters of the Tagus, and is crowned by the royal palace which -still bears the Moorish name of Alcazar. It was transferred thither, by -Torquemada’s orders, from Villa Real, where it had been operating for -some months. - -“To the end that our Infinite Redeemer Jesus Christ be praised in all -that He does, and for the greater power of His Holy Catholic Faith,” -writes Orozco, “know all who shall come after us that in the year 1485, -in the month of May, the Holy Inquisition against heretical pravity -was sent to this very noble City of Toledo by our very enlightened -Sovereigns, Don Fernando and Donna Isabella.... Of this Inquisition -were administrators Vasco Ramirez de Ribera, Archdeacon of Talavera, -and Pedro Dias de la Costana, Licentiate of Theology, and with them -one of the Queen’s Chaplains as fiscal and prosecutor, and one Juan de -Alfaro, a patrician of Seville, as chief constable (_alguazil_), and -two notaries.” - -The licentiate Pedro Dias de la Costana preached to the people on the -third day of Pentecost (Tuesday, May 24), notifying them of the papal -bull under which the inquisitors were acting and of the power vested in -these inquisitors to deal with matters of heresy; pronouncing greater -excommunication against any who by word or deed or counsel should dare -to oppose the Inquisition in the execution of its duty. - -At the conclusion of his announcement the Gospels and a crucifix were -brought, and upon these all were required to make solemn oath of their -desire to serve God and the Sovereigns, to uphold the Catholic Faith, -and to defend and shelter the administrators of the Holy Inquisition. - -Lastly the licentiate published the usual edict of grace for -self-delators. He summons all Judaizers to return to the Faith and -become reconciled to the Church within a term of forty days, as set -forth by the edict itself, which by his orders was nailed to the door -of the Cathedral. - -A week elapsed without any response to this summons. The _conversos_ of -Toledo had been preparing to resist the introduction of the Inquisition -to their city, and under the guidance of one De la Torre and some -others they had already matured their plans and laid down the lines -which this resistance was to take. - -[Illustration: - - _Photo by Donald Macbeth._ - -THE AUTO DE FÉ. - -From Limborch’s “Historia Inquisitionis.”] - -The plot was--according to Orozco, who, you will have gathered, was -an ardent partisan of the Holy Office--that on the feast of Corpus -Christi, which fell that year on June 2, the conspirators should -be armed to lie in wait for the procession, falling upon it as it was -advancing through the streets, and slaying the inquisitors and their -defenders. That done, they were to seize the gates of the city and hold -Toledo against the King. - -The fine strategic position of the city might have lent itself to so -daring a scheme, and presumably the aim of the New-Christians would -have been to hold it rebelliously until accorded terms of capitulation -that should guarantee the immunity of the rebels from all punishment, -and the immunity of Toledo itself from the jurisdiction of the Holy -Office. But, on the whole, it was so very crack-brained a conspiracy -that we are more than justified in doubting whether it ever had any -real existence. - -“It pleased our Redeemer,” says Orozco, “that this conspiracy was -discovered on the eve of Corpus Christi.” He does not satisfy our -curiosity as to how the discovery was made, and the omission increases -our doubts. - -The details, we are told, were derived from several of the plotters who -were arrested on that day by the Corregidor of Toledo, Gomes Manrique. -In view of the information thus obtained, Manrique proceeded to capture -De la Torre and four of his friends. One of these captives, a cobbler -named Lope Mauriço, the Corregidor hanged out of hand on the morning of -the festival, before the procession had issued from the Cathedral. The -act may have been intended as a deterrent to any who still entertained -the notion of putting the plot into execution. - -The procession passed off without any disturbances; and having hanged -another of his prisoners Manrique subjected the remainder to heavy -fines, whereby they escaped far more lightly than if they had been -tried by the court of the Holy Office. Fortunately for themselves, it -was deemed that their offence was one that came within the jurisdiction -of the secular courts. - -Soon thereafter, possibly because they now realized that they had -nothing left to hope for, self-delators began to come before the -inquisitors to solicit reconciliation. - -But when the term of the edict had expired, it was found that the -indefatigable Torquemada had prepared a second one to supplement it. He -ordered the publication of an entirely fresh measure, commanding that -all who knew of any heretics, apostates, or Judaizers, must, under pain -of excommunication and of being deemed heretics themselves, divulge to -the inquisitors the names of such offenders within a term of sixty days. - -There was already in existence an enactment of the Inquisition, -which instead of offering, as in all times has been done by secular -tribunals, a reward for the apprehension of fugitives from justice, -imposed upon those who neglected spontaneously to set about that -catchpoll work when the occasion arose, a fine of 500 ducats in -addition to excommunicating them. But Torquemada’s fresh measure went -even beyond that. Nor did it end with the edict we have mentioned. -When the sixty days expired, he ordered the prolongation of the term -by another thirty days--not only in Toledo, but also in Seville, where -he had commanded the publication of the same edict--and now came the -cruellest measure of all. He commanded the inquisitors to summon the -Rabbis of the synagogues and to compel them to swear according to the -Mosaic Law that they would denounce to the inquisitors any baptized Jew -whom they found returning to the Jewish cult, and he made it a capital -offence for any Rabbi to keep such a matter secret. - -Not even now did he consider that he had carried far enough this -infamous measure of persecution. He ordained that the Rabbis should -publish in their synagogues an edict of excommunication by the Mosaic -Law against all Jews who should fail to give information to the -inquisitors of any Judaizing whereof they might have knowledge. - -In this decree we catch a glimpse of the intensity of the fanatical, -contemptuous hatred in which Torquemada held the Israelites. For -nothing short of blended hatred and contempt could have inspired him -so to trample upon the feelings of their priests, and to compel them -under pain of death to a course in which they must immolate their -self-respect, violate their consciences, and render themselves odious -in the esteem of every right-thinking Jew. - -By this unspeakable enactment the very Jews themselves were pressed -into the secret service of the Inquisition, and compelled by the fear -of spiritual and physical consequences to turn informers against their -brethren. - -“Many,” says Orozco, who no doubt considered it a measure as laudable -as it was fiendishly astute, “were the men and women who came to bear -witness.” - -Arrests commenced at once, and were carried on with an unprecedented -activity revealed by the records of the Autos that were held, which -Orozco has preserved for us. - -And already fire had been set to the faggots piled at the stake of -Toledo, for the first victims had soon fallen into the eager hands of -the Inquisitors of the Faith. - -These were three men and their three wives, natives of Villa Real, who -had fled thence when first the inquisitors had set up their tribunal -there. They reached Valencia safely, purchased there a yawl, equipped -it, and set sail. They were on the seas for five days, when, of course, -“it pleased God to send a contrary wind, which blew them back into -the port from which they had set out”--and thus into the hands of the -benign inquisitors, so solicitous for the salvation of their souls. -They were arrested upon landing, and brought to Toledo, whither the -tribunal had meanwhile been transferred. They were tried; their flight -confirmed their guilt; and so--_Christi nomine invocato_--they were -burnt by order of the inquisitors. - - * * * * * - -As a result of the self-delations the first great Auto de Fé was -held in Toledo on the first Sunday in Lent (February 12), 1486. The -reconciled of seven parishes, numbering some 750 men and women, -were taken in procession and submitted to the penance known as -_verguenza_--or “shame”--which, however humiliating to the Christian, -was so hurtful to the pride of the Jew (and no less to that of the -Moor) that he would almost have preferred death itself. It consisted -in being paraded through the streets, men and women alike, bareheaded, -barefooted, and naked to the waist. - -At the head of the procession, preceded by the white cross, and walking -two by two, went a section of the Confraternity of St. Peter the -Martyr--the familiars of the Holy Office--dressed in black, with the -white cross of St. Dominic displayed upon their cloaks. After them -followed the horde of half-naked penitents, cruel physical discomfort -being added to their mental torture, for the weather was so raw and -cold that it had been considered expedient to provide them with -sandals, lest they should have found it impossible to walk. - -In his hand each carried a candle of green wax--unlighted, to signify -that as yet the light of the Faith did not illumine his soul. Anon, -when they should have been admitted to reconciliation and absolution, -these candles would be lighted, to signify that the light of the Faith -had once more entered their hearts--light being the symbol of the -Faith, just as “light” and “faith” have become almost convertible terms. - -Orozco informs us that among the penitents were many of the principal -citizens of Toledo, many persons of eminence and honour, who must -deeply have felt their shame at being paraded in this fashion through -crowded streets, that they might afford a salutary spectacle to the -multitude which had assembled in Toledo from all the surrounding -country districts. To ensure this good attendance the Auto had been -proclaimed far and wide a fortnight before it was held. - -The chronicler of these events tells us that many and loud were the -lamentations of these unfortunates. But it is very plain that their -condition did not move his pity, for he expresses the opinion that -their grief was rather at the dishonour they were suffering than--as it -should have been--because they had offended God. - -The procession wound its way through the principal streets of the -city, and came at last to the Cathedral. At the main doors stood two -chaplains, who with their thumbs made the sign of the cross on the -brow of each penitent in turn, accompanying the action by the formula: -“Receive the Sign of the Cross which you denied, and which, being -deluded, you lost.” - -Within the Cathedral two large scaffolds had been erected. The -penitents were led to one of these, where the reverend inquisitors -waited to receive them. On the other an altar had been raised, -surmounted by the green cross of the Inquisition, and as soon as all -the penitents were assembled, the crowd of holiday-makers being closely -packed about the scaffolds, Mass was celebrated and a sermon of the -Faith was preached. - -This being at an end, the notary of the Holy Office rose and called -over the long roll of the penitents, each answering to his name and -hearing his particular offence read out to him. Thereafter the penance -was announced. They were to be whipped in procession on each of the -following six Fridays, being naked to the waist, bareheaded and -barefooted; they were to fast on each of those six Fridays, and they -were disqualified for the rest of their lives from holding office, -benefice, or honourable employment, and from using gold, silver, -precious stones, or fine fabrics in their apparel. - -They were warned that if they relapsed into error, or failed to -perform any part of the penance imposed, they would be deemed -impenitent heretics and abandoned to the secular arm; and upon that -grim warning they were dismissed. - -On each of the following six Fridays of Lent they were taken in -procession from the Church of San Pedro Martir to a different shrine -on each occasion, and when at last they had completed this humiliating -penance it was further ordained that they should give “alms” to the -extent of one-fifth of the value of their property, to be applied to -the holy war against the infidels of Granada. - - * * * * * - -Scarcely are the penitents of this Auto disposed of--the last -procession took place on March 23--than the second Auto was held. - -This occurred on the second Sunday in April, and 486 men and women were -penanced on this occasion, the procedure and the penance imposed being -the same. - -At Whitsuntide of that year a sermon of the Faith was preached by the -inquisitor Costana, whereafter an edict was publicly read and nailed to -the Cathedral door, summoning all who had fled to surrender themselves -to the Holy Office within ninety days, under pain of being sentenced as -contumaciously absent. Among those cited there were, we learn, several -clerics, including three Jeronymite friars. - -Finally, on the second Sunday in June--the 11th of that month--we have -the last Auto within the period of grace. In this the penitents of four -parishes, numbering some 750 persons, were conducted to reconciliation -under precisely the same conditions as had already been observed in the -two previous Autos. - - - - -CHAPTER XVII - -AUTOS DE FÉ - - -The Inquisition of Toledo had now to deal with heretics who must -be considered impenitent, since they had not availed themselves -of the benign leniency of the Church and spontaneously sought the -reconciliation offered. From this moment the proceedings assume a far -more sinister character. - -The first Auto under these altered conditions was held on August 16, -1486. Among the accused brought up for sentence were twenty men and -five women, whose offences doomed them to be abandoned to the secular -arm, and one of these was no less a personage than the Regidor--or -Governor--of Toledo, a Knight-Commander of the Order of Santiago. - -They were brought forth from the prison of the Inquisition at a -little before six o’clock on that summer morning, arrayed in the -yellow _sanbenito_ and _coroza_. Each _sanbenito_ bore an inscription -announcing the name of the wearer and the nature of his offences -against the Faith, and they were smeared in addition with grotesque -red images of dragons and devils. A rope was round the neck of each -prisoner, and his hands were pinioned with the other end of it. In his -hands, thus bound, he carried the unlighted candle of green wax. - -Thus they were led in procession through the streets, the procession -being headed as usual by a posse of familiars of the Confraternity of -St. Peter the Martyr--the Soldiers of the Faith--and preceded now by -the green cross of the Inquisition, which was shrouded in a mourning -veil of black crape. - -The green cross did not merely symbolize, by its colour, constancy -and eternity, but it was fashioned as if of freshly-cut boughs, -to represent living wood, the emblem of the true faith in -contradistinction to the withered branches that are to be flung into -the fire.[140] - -Following the Soldiers of the Faith, under a canopy of scarlet and -gold, borne by four acolytes and preceded by a bell-ringer, came -the priest who was to celebrate the Mass, in the crimson chasuble -prescribed by the liturgy for these dread solemnities. He bore the -Host, and as he advanced the multitude sank down upon their knees, -beating their breasts to the clang of the bell. - -Behind the canopy walked another posse of familiars, and after these -again followed the doomed prisoners, each attended by two Dominican -brothers in their white cassocks and black cloaks, fervently exhorting -those who had not yet confessed to do so even at this late hour. - -The constables of the Holy Office and the men-at-arms of the secular -authorities flanked this section of the procession, shouldering their -glittering halberts. - -They were closely followed by a group of men who bore aloft, swinging -from long green poles, the effigies of those who were to be sentenced -as contumaciously absent--horribly grotesque mannequins of straw with -painted faces and bituminous eyes, tricked out in the _sanbenitos_ and -_corozas_ that should have adorned the originals had not these remained -fortunately at large. - -Next, mounted upon mules in trailing funereal trappings, rode the -reverend inquisitors, attended by a group of mounted gentlemen in -black, the white cross upon their breasts announcing them as familiars -of the Holy Office, the officers of the tribunal. - -They were immediately preceded by the banner of the Inquisition, -displaying in an oval medallion upon a sable ground the green cross -between an olive-branch (dexter) and a naked sword (sinister). The -olive-branch, emblem of peace, symbolized the readiness of the -Inquisition to deal mercifully with those who by true repentance and -confession were disposed to reconcile themselves with Holy Mother -Church. The mercy of which so much parade was made might consist, as -we know, of strangulation before burning, or, at best, of perpetual -imprisonment, the confiscation of property, and infamy extending to the -children and grandchildren of the condemned. - -The sword, on the other hand, announced the alternative. Garcia Rodrigo -says that it proclaimed the Inquisition’s tardiness to smite. If so, it -is a curious symbol to have chosen for such a purpose; but in any case -the tardiness is hardly perceptible to the lay vision. - -The procession was closed by the secular justiciary and his -_alguaziles_. - -In this order that grim cortège advanced to the Cathedral -Square. Here two great scaffolds were draped in black for the -ceremony--blasphemously called an Act of Faith. - -The prisoners were conducted to one of these scaffolds and accommodated -upon the benches that rose from it in tiers, the highest being always -reserved for those who were to be abandoned to the secular arm--to the -end, we suppose, that they should be fully in the view of the multitude -below. Each of the accused sat between two Dominican friars. The poles -bearing the effigies were placed so that they flanked the benches. - -On the other scaffold, on which an altar had been raised and chairs set -for the inquisitors, these now made their appearance, accompanied by -the notaries and fiscal and attended by their familiars. - -The shrouded green cross was placed upon the altar, the tapers were -lighted, the thurible kindled, and as a cloud of incense ascended and -spread its sweetly pungent odour the Mass began. - -At the conclusion a sermon of the Faith was preached, wherein the -sins of the accused were denounced, and those who had incurred the -penalty of being abandoned to the secular arm were exhorted fervently -to repent and make their peace with Holy Mother Church that they might -save their souls from the damnation into which, otherwise, it was the -Inquisition’s business to hurry them. - -As the preacher ceased, the notaries of the Holy Office of Toledo -proceeded to the business of reading out the crime of each accused, -dwelling in detail upon the particular form which his Judaizing was -known to have taken. As the name of each was called, he was brought -forward, and placed upon a stool,[141] whilst the reading of the -lengthy sentence took place. - -It requires no great imaginative effort to form a mental picture of -these proceedings, and of the poor livid wretch, horror-stricken and -bathed in the sweat of abject terror which that long-drawn agony must -have extorted from the stoutest, sitting there, perhaps half-dazed -already by the merciful hand of Nature, in the glaring August sun, -under the stare of a thousand eyes, some pitiful, some hateful, some -greedy of the offered spectacle. Or it might be some poor half-swooning -woman, steadied by the attendant Dominicans, who seek to support her -fainting courage, to mitigate her unutterable anguish with comfortless -words that hold out the promise of pitiless mercy. - -And all this, _Christi nomine invocato!_ - -The reading of the sentence is at an end. It concludes with the formula -that the Church, being unable to do more for the offender, casts him -out and abandons him to the secular arm. Lastly comes the mockery of -that intercession, _efficaciter_--to preserve the inquisitors from -irregularity--that the secular justice shall so deal with him that his -blood may not be shed, and that he may suffer no hurt in life or limb. - -Thereupon the doomed wretch is removed from the scaffold; the -_alguaziles_ of the secular justiciary seize him; the Regidor mutters a -few brief words of sentence, and he is thrust upon an ass and hurried -away, out of the city to the burning-place of La Dehesa. - -A white cross has been raised in this field, where twenty-five stakes -are planted with the faggots piled under each, and a mob of morbid -sightseers surges, impatient to have the spectacle begin. - -The condemned is bound to the stake, and the Dominicans still continue -their exhortations. They flaunt a crucifix before his dazed, staring -eyes, and they call upon him to repent, confess, and save his soul from -Eternal Hell. They do not leave him until the fire is crackling and the -first cruel little tongues of bluish flame dart up through the faggots -to lick the soles of his naked feet. - -If he has confessed, wrought upon by spiritual or physical terror, the -Dominican makes a sign, and the executioner steps behind the stake -and rapidly strangles the doomed man. If his physical fears have not -sufficed to conquer his religious convictions, if he remains firm in -his purpose to die lingeringly, horribly, a martyr for the faith that -he believes to be the only true one, the Dominican withdraws at last, -baffled by this “wicked stubbornness,” and the wretch is left to endure -the terrible agony of death by slow fire. - -Meanwhile, under that limpid sky--_Christi nomine invocato_--the -ferocious work of the Faith goes on; accused succeeds accused to hear -his or her sentence read, until the last of the twenty-five victims has -been surrendered to the tireless arm of the secular justice. In the -meadows of La Dehesa there is such a blaze of the fires of the Faith, -that it might almost seem that the Christians have been avenging upon -their enemies those human torches which an enemy of Christianity is -alleged to have lighted once in Rome. - -Six mortal hours, Orozco informs us, were consumed in that ghastly -business,[142] for the Court of the Holy Office must in all things -proceed with stately and pompous leisureliness, with that calm -equanimity enjoined by the “Directorium”--_simpliciter et de -plano_--lest by haste it should fall into the unpardonable offence of -irregularity. - -Not until noon did the proceedings conclude with the hurrying away to -La Dehesa of the last of those twenty-five. - -The inquisitors and their followers descended at length from their -scaffold, and withdrew to the Casa Santa to rest them from these -arduous labours of propagating Christianity. - -There was more to be done upon the morrow--very important business, -demanding an entirely different ceremonial, wherefore it had been set -apart and allotted a day to itself. - -The accused on this occasion were only two, but they were two clerics. -One was the parish priest of Talavera; the other occupied the -distinguished position of a royal chaplain. Both had been found guilty -of Judaizing. They were conducted to the Auto in full canonicals, as -if about to celebrate Mass, each carrying his veiled chalice. Led to -the scaffold of the condemned, they found themselves confronted from -the other scaffold not only by the inquisitors and their attendants -and familiars, but further by the Bishop, who was attended by two -Jeronymites--the Abbot of the Convent of St. Bernard and the Prior of -the Convent of Sisla. - -The notary of the Holy Office read out the crimes of the accused, and -pronounced them cast out from the Church. Thereupon each was brought -in turn before the Bishop, who proceeded to degrade him, since the law -could not without sacrilege lay violent hands upon an ecclesiastic. - -Beginning by depriving each of his chalice, the Bishop passed on to -divest the priestly offender of his chasuble; stole, maniple, and alb -were removed in succession, the Bishop pronouncing the prescribed -formula for each stage of the degradation, and defacing the tonsure by -clipping away a portion of the surrounding fringe of hair. - -At last the doomed clerics stood stripped of all insignia of their -office. And now the _sanbenito_--that chasuble of infamy--was flung -upon the shoulders of each; their heads were crowned with the -tragically grotesque _coroza_, a rope was put about each neck, and -their hands were pinioned. The sentence was fulfilled at last by their -being abandoned to the secular authorities, who seized them and bore -them away to the stake. - - * * * * * - -On Sunday, October 16, a proclamation was read in the Cathedral, -pronouncing several deceased persons to have been heretics, and setting -forth that, although dead themselves, their reputations lived as those -of Christians. Therefore it became necessary to publish their heresy, -and their heirs were summoned to appear within twenty days and render -to the inquisitors an account of their inheritances, from the enjoyment -of which they were disqualified, since all property that had belonged -to the deceased was, by virtue of Torquemada’s decree, confiscate to -the royal treasury. - - * * * * * - -On December 10 900 persons were admitted to public reconciliation. They -were self-delators from remote country districts who had responded to a -recent edict of grace published in those districts. - -The notary announced the forms of Judaizing of which each had been -guilty and proclaimed it as their intention henceforth to live and die -in the faith of Christ. He then read out the Articles of Faith, and -they were required to say “I believe” after each, and lastly to make -oath upon the Gospels and the crucifix never again to fall into the -error of Judaism, to denounce any whom they knew to be Judaizers, and -ever to favour and uphold the Holy Inquisition and the Holy Catholic -faith. - -The penance imposed was that they should be scourged in procession for -seven Fridays, and thereafter on the first Friday of every month for a -year. This in their own districts. In addition, they were required to -come to Toledo and be scourged in procession on the Feast of St. Mary -of August and on the Thursday of Holy Week. Two hundred of them were -further ordered to wear a _sanbenito_ over their ordinary garments for -a year from that date, and never to appear in public without it under -pain of being deemed impenitent and punished as relapsed. - -Another 700 came to be reconciled on January 15, 1487, and yet another -1,200 on March 10. These last, Orozco says, were from the districts of -Talavera, Madrid, and Guadalajara; and he adds that some amongst them -were penanced to the extent of being condemned to wear the _sanbenito_ -for the remainder of their lives. - -In the Auto of May 7 fourteen men and nine women were burnt. Amongst -the former was a Canon of Toledo who was accused of horrible heresies, -and who, writes Orozco, had confessed under torture to abominable -subversions of the words of the Mass. Instead of the prescribed formula -of the consecration, he had stated that he was in the habit of uttering -the absurd and almost meaningless gibberish--“Sus Periquete, que mira -la gente.” - -On the following day there was held a supplementary Auto, especially -for the purpose of dealing with deceased and fugitive heretics, -conducted with a ceremony of an unusual and singularly theatrical -order, which is not so much typical--as are the other Autos -described--of what was taking place throughout Spain, as indicative of -a morbid inventiveness on the part of the Toledan inquisitors. - -On the scaffold usually occupied by the accused a sepulchral monument -of wood had been erected and draped in black. As each accused was cited -by the notary, the familiars opened the monument and drew out the -effigy of the dead man dressed in the grave-clothes peculiar to the -Jews. - -To this dummy of straw the detailed account of his crimes and the -sentence of the court whereby he was condemned as a heretic were -solemnly read out. When all the condemnations had thus been proclaimed, -the effigies were flung into a bonfire that had been kindled in the -square; and together with the effigies went the bones of the deceased, -which had been exhumed to that end. - -After that the next Auto of importance was held on July 25, 1488, -when twenty men and seventeen women were sent to the stake, with a -supplementary Auto upon the morrow in which they burnt the effigies of -over a hundred dead and fugitive heretics. - -And so it goes on, as recorded by the licentiate Sebastian Orozco, -and cited by Llorente[143] and Fidel Fita.[144] From now onwards -the burnings increase in number. Indeed, all edicts of grace having -expired, and no new ones being permissible, sentencing to the -flames--through the medium of the secular arm--and to perpetual -imprisonment becomes the chief business of the Inquisition in Toledo -and elsewhere. - -The _sanbenitos_ of the burnt were preserved in the churches of the -parishes where they had lived. They were hung in these churches as -banners won in battle are hung--trophies of victory over heresy. - - - - -CHAPTER XVIII - -TORQUEMADA AND THE JEWS - - -During that first year of the Inquisition’s establishment in Toledo, -twenty-seven persons there convicted of Judaizing were burnt and 3,300 -were penanced. And what was taking place in Toledo was taking place in -every other important city in Spain. - -Numerous now and vehement were the protests against the terrible and -excessive rigour of Torquemada. Already, upon the death of Pope Sixtus -IV, a vigorous attempt had been made by some Spaniards of eminence to -procure the deposition of the Prior of Holy Cross from the office of -Grand Inquisitor. It was argued that as his appointment had been made -by Sixtus, so it was automatically determined by that Pope’s decease. -But whatever hopes may have been founded upon such an argument were -very quickly overthrown. Innocent VIII, as we have already seen, not -only confirmed Torquemada in his office, but considerably increased his -powers and the scope of his jurisdiction. - -Indeed, not only was he given jurisdiction over all the Spains, but -Innocent’s bull of April 3, 1487, _motu proprio_, commanded all -Catholic princes that, upon being requested by the Grand Inquisitor so -to do, they should arrest any fugitives he might indicate and send them -captive to the Inquisition under pain of excommunication.[145] - -Notwithstanding the threat by which it was backed, this command -from the Vatican appears to have been generally disregarded by the -Governments of Europe.[146] - -That such a bull should have been solicited gives us yet another -glimpse of the terrible rancour against the Jews which fanaticism -had kindled in the soul of Torquemada. Had his aim been merely, as -expressed, to weed the tares of heresy from the Catholic soil of Spain, -the self-imposed exile of those wretched fugitives would fully have -satisfied him, and he would not have thought it necessary to hound them -out of such shelter as they had found abroad that he might have the -satisfaction of hurling them into the bonfire he had kindled. - -His position being so greatly strengthened by the wider and ampler -powers accorded to him by the new Pontiff, Torquemada gave a still -freer rein to the terrible severity of his nature, and thus occasioned -those frequent and very urgent appeals to the Vatican. - -Many New-Christians who secretly practised Jewish rites, being repelled -from taking advantage of the edict of grace by the necessity it imposed -of undergoing the horrible _verguenza_ already described, applied now -to the Pontiff for secret absolution. This required special briefs. -Special briefs brought money into the papal coffers, and procured -converts to the Faith. Two better reasons for granting these requests -it would have been impossible to have urged, and so the Curia acceded. - -But the result of this curial interference with the autonomous -jurisdiction of the Holy Office in Spain was to provoke the resentment -of Torquemada. Wrangles ensued between the Grand Inquisitor and the -Pontifical Court--wrangles which may be likened to those of two lawyers -over a wealthy client. - -Torquemada arrogantly demanded that this Roman protection of heretics -should not only cease in future but be withdrawn where already it -had been granted in the past, and his demand had the full support of -Catholic Ferdinand, who did not at all relish the spectacle of the gold -of his subjects being poured into any treasury other than his own. -Rome, having meanwhile pocketed the fees, was disposed to be amenable -to the representations of the Catholic Sovereigns and their Grand -Inquisitor; and the Pope proceeded flagrantly to cancel the briefs of -dispensation that had been granted. - -There was an outcry from the swindled victims. They protested -appealingly to the Pope that they had confessed their sins against the -Faith, and that absolution had been granted them. Very rightly they -urged that this absolution could not now be rescinded--for not even the -Pope had power to do so much--and they argued that, being in a state of -grace, they could not now be prosecuted for heresy. - -But they overlooked the retrospective power which--however -unjustifiable by canon or any other law--the Inquisition had arrogated -to itself. By virtue of this, as we have seen, the inquisitors could -take proceedings even against one who had died in a state of grace, -at peace with Holy Mother Church, if it were shown that an offence of -heresy committed at some stage of his life had not been expiated in a -manner that the Holy Office accounted condign. - -These protests of the unfortunate Judaizers, who by their own action -had achieved--as they now realized--no more than self-betrayal, -were met by the priestly answer that their sins had been absolved -in the tribunal of conscience only, and that it still remained -for them to seek temporal absolution in the tribunal of the Holy -Office. This temporal absolution would accord them, as we know--and -as they knew--the right to live in perpetual imprisonment after the -confiscation of their property and the destitution and infamy of their -children. - -The answer, crafty and sophistical as it was, did not suffice to -silence the protests. Clamorously these continued, and the Pope, unable -to turn a deaf ear upon them, fearful lest a scandal should ensue, -effected a sort of compromise. With the royal concurrence, Innocent -VIII issued several bulls, each commanding the Catholic Sovereigns to -admit fifty persons to secret absolution with immunity from punishment. -These secret absolutions were purchased at a high price, and they -were granted upon the condition that in the event of the re-Judaizing -of a person so absolved, he would be treated as relapsed, the secret -absolution being then published. - -These absolutions were particularly useful in the case of persons -deceased, several of whom, at the petition of the heirs, were included -among the secretly reconciled--the inheritance being thereby secured -from confiscation. - -Altogether Pope Innocent granted four of these bulls in 1486.[147] In -the last one issued he left it at the discretion of the Sovereigns to -indicate those who should be admitted to this grace, and they were -permitted to include the names even of persons against whom proceedings -had already been initiated. - -With what degree of equanimity Torquemada viewed these bulls of -absolution we do not know. But very soon we shall see him vexed by -papal interference of a fresh character. - -Simoniacal practices were never more rampant in Rome than under the -rule of Innocent VIII. His greed was notorious and scandalous, and a -number of alert baptized Jews bethought them that this might be turned -to account. They slyly submitted to the Holy Father that although they -were good Catholics, such was the harshness of the Grand Inquisitor -towards men of their blood that they lived in constant dread and -anxiety lest the mere circumstance of their having originally been Jews -should be accounted a sufficient reason to bring them under suspicion -or should lay them open to the machinations of malevolent enemies. -Hence they implored his Holiness to grant them the privilege of -exclusion from inquisitorial jurisdiction. - -At a price this immunity was to be obtained; and soon others, seeing -the success that had attended the efforts of the originators of this -crafty idea, were following their example and setting a drag upon the -swift wheels of Torquemada’s justice. - -That it stirred him to righteous anger is not to be doubted, however -subservient and injured the tone in which he addressed his protest to -the Pontiff. - -Innocent replied by a brief of November 27, 1487, that whenever the -Grand Inquisitor found occasion to proceed against one so privileged, -he should inform the Apostolic Court of all that might exist against -the accused, so that his Holiness should determine whether the -privilege was to be respected.[148] - -It follows inevitably that if there was heresy, or the suspicion of it, -the Pope must allow the justice of the Holy Office to run its course. -So that the Jews who had purchased immunity must have realized that -they were dealing with one who understood the science of economics (and -the guile to be practised in it) even better than did they, famous as -they have always been for clear-sightedness in such matters. - - * * * * * - -Meanwhile, with the power that was vested in him, Torquemada was -amassing great wealth from the proportion of the confiscations that -fell to his share. But whatever his faults may have been, he was -perfectly consistent in them, just as he was perfectly, terribly -sincere. - -Into the sin of pride he may have fallen. We see signs of it. And, -indeed, it is difficult to conceive of a man climbing from the -obscurity of the monastic cell to the fierce glare of his despotic -eminence and remaining humble at heart. Humble he did remain; but with -that aggressive humility which is one of pride’s worst forms and akin -to self-righteousness--the sin most dreaded by those who strive after -sanctity. - -We know that he unswervingly followed the stern path of asceticism -prescribed by the founder of his order. He never ate meat; his bed -was a plank; his flesh never knew the contact of linen; his garments -were the white woollen habit and the black mantle of the Dominican. -Dignities he might have had, but he disdained them. Paramo says[149] -that Isabella sought to force them upon him, and that, in particular, -she would have procured his appointment to the Archbishopric of Seville -when this was vacated by the Cardinal of Spain. But he was content to -remain the Prior of Holy Cross of Segovia, as he had been when he was -haled from his convent to direct the affairs of the Holy Office in -Spain. The only outward pomp he permitted himself was that whenever -now he went abroad he was attended by an escort of fifty mounted -familiars and two hundred men on foot. This escort Llorente admits[150] -was imposed by the Sovereigns. It is possible, as is suggested, that -it was to defend him from his enemies, since the death of Arbués had -shown to what lengths the New-Christians were prepared to go. But it -is more probable that this escort was accepted as an outward sign of -the dignity of his office, and perhaps also to serve the terrorizing -purpose which Torquemada considered so very salutary. - -That he practised the contempt for worldly riches which he preached -is beyond all doubt. We cannot discover that any of the wealth that -accrued to him was put to any worldly uses or went in any way to -benefit any member of his family. Indeed, we have already seen him -refusing suitably to dower his sister, allowing her no more than the -pittance necessary to enable her to enter a convent of the Tertiary -Order of St. Dominic.[151] - -He employed the riches which his office brought him entirely to the -greater honour and glory of the religion which he served with such -terrible zeal. He spent it lavishly upon such works as the rebuilding -of the Dominican Convent of Segovia, together with the contiguous -church and offices. He built the principal church of his family’s -native town of Torquemada and half of the great bridge over the River -Pisuerga.[152] - -Fidel Fita quotes an interesting letter of Torquemada’s, dated August -17, 1490, in which he thanks the gentry of Torquemada for having sent -him a sumpter-mule, but rather seems to rebuke the gift. - -“To me,” he writes, “it was not, nor is necessary to send such things; -and it is certain that I should have sent back the gift but that it -might have offended you; for I, praised be our Lord, possess nine -sumpter-mules, which suffice me.”[153] - -In sending the gift they had asked him for assistance towards the work -being carried out in the church of Santa Ollala, the contribution he -had already made not having proved sufficient. He replies regretting -that he can do nothing at the moment, as he is not with the Court, but -promises that upon his return thither he will do the necessary with -the Sovereigns so as to be able to send them the further funds they -require.[154] - -As early as 1482 he began to build at Avila the church and monastery of -St. Thomas. This pleasant little country town, packed within its narrow -red walls and flanked with towers so that it presents the appearance -of a formidable castle, stands upon rising ground in the fertile plain -that is watered by the River Adaja. Torquemada built his magnificent -monastery beyond the walls, upon the site of a humbler edifice that -had been erected by the pious D. Maria de Avila. It was completed -by the year 1493, and what moneys came to him thereafter appear to -have gone to the endowment of this vast convent--a place of handsome, -spacious, cloistered courts and splendid galleries--which became at -once his chief residence, tribunal, and prison.[155] - -Again his fanatical hatred of the Israelites displays itself in the -condition he laid down--and whose endorsement he obtained from Pope -Alexander VI--that no descendant of Jew or Moor should ever be admitted -to these walls, upon which he engraved the legend: - - PESTEM FUGAT HÆRETICAM.[156] - -In this monastery the amplest provisions were made, not only for the -tribunal of the Inquisition, but also for the incarceration of its -prisoners. - -Garcia Rodrigo, anxious to refute the widespread belief that the -prisons of the Inquisition were unhealthy subterranean dungeons, -draws attention to the airy, sunny chambers here set apart for -prisoners.[157] It is true enough in this instance, as transpires from -certain records that are presently to be considered.[158] But it is not -true in general, and it almost seems a little disingenuous of Garcia -Rodrigo to put forward a striking exception as an instance of the rule -that obtained. - -Whatever the simplicity of Torquemada’s life, and whatever his personal -humility, it would be idle to pretend that he was not imbued with the -pride and arrogance of his office, swollen by the increase of power -accorded him, until in matters of the Faith he did not hesitate to -dictate to the Sovereigns themselves, and to reproach them almost to -the point of menace when they were slow to act as he dictated, whilst -it was dangerous for any under Sovereign rank to come into conflict -with the Grand Inquisitor. - -As an instance of this, the case of the Captain-General of Valencia -may be cited. The Inquisition of Valencia had arrested, upon a charge -of hindering the Holy Office, one Domingo de Santa Cruz, whose -particular offence, in the Captain-General’s view, came rather within -the jurisdiction of the military courts. Acting upon this opinion, he -ordered his troops to take the accused from the prison of the Holy -Office, employing force to that end if necessary. - -The inquisitors of Valencia complained of this action to the Suprema, -whereupon Torquemada imperiously ordered the Captain-General to appear -before that council and render an account of what he had done. He was -supported in this by the King, who wrote commanding the offender and -all who had aided him in procuring the release of Santa Cruz to submit -themselves to arrest by the officers of the Inquisition. - -Not daring to resist, that high dignitary was compelled humbly to sue -for absolution of the ecclesiastical censure incurred, and he must have -counted himself fortunate that Torquemada did not subject him to a -public humiliation akin to that undergone by the Infante of Navarre. - -The brilliant and illustrious young Italian, Giovanni Pico, Count -of Mirandola, had a near escape of falling into the hands of the -dread inquisitor. When Pico fled from Italy before the blaze of -ecclesiastical wrath which his writings had kindled, Pope Innocent -issued a bull, December 16, 1487, to Ferdinand and Isabella, setting -forth that he believed the Count of Mirandola had gone to Spain with -the intention of teaching in the universities of that country the evil -doctrines which he had already published in Rome, notwithstanding that, -having been convinced of their error, he had abjured them. (Another -case of the “_e pur si muove_” of Galileo.) And since Pico was noble, -gentle, and handsome, amiable and eloquent of speech (_Pseudopropheta -est; dulcia loquitur et ad modicum placet_), there was great danger -that an ear might be lent to his teachings. Wherefore his Holiness -begged the Sovereigns that in the event of his suspicions concerning -Pico’s intentions being verified, their highnesses should arrest the -Count, to the end that the fear of corporal pains might deter him where -the fear of spiritual ones had proved insufficient. - -The Sovereigns delivered this bull to Torquemada that he might act -upon it. But Pico, getting wind of the reception that awaited him, and -having sufficient knowledge of the Grand Inquisitor’s uncompromising -methods to be alarmed at the prospect, took refuge in France, where he -wrote the apologia of his Catholicism, which he dedicated to Lorenzo -de’ Medici.[159] - - * * * * * - -We have said, on the subject of the Inquisition’s introduction into -Spain, that to an extent and after a manner this must be considered -the most justifiable--by which we are to be taken to mean the least -unjustifiable--of religious persecutions, inasmuch as it had no -concern save with deserters from the fold of the Roman Church. -Liberty was accorded to all religions that were not looked upon as -heretical--_i.e._ that were not in themselves secessions from Roman -Catholicism--and Jew and Moslem had nothing to fear from the Holy -Office. It was only when, after having received baptism, they reverted -to their original cults, that they rendered themselves liable to -prosecution, being then looked upon as heretics, or, more properly -speaking, as apostates. - -But this point of view, which satisfied the Roman See, did not at -all satisfy the Prior of Holy Cross. His bitter, fanatical hatred of -the Israelites--almost rivalling that of the Dean of Ecija in the -fourteenth century--urged him to violate this poor remnant of equity, -drove him to overstep the last boundary of apparent justice, and carry -the religious war into the region of complete and terrible intolerance. - -The reason he advanced was that as long as the Jews remained -undisturbed in the Peninsula, so long would a united Christian Spain -be impossible. Despite penances, imprisonments, and burnings, the -Judaizing movement went on. New-Christians were seduced back into -the error of the Mosaic Law, whilst conversion amongst the Jews was -checked by respect for the feelings of those who remained true to their -ancient faith. Nor did the Hebrew offences against Christianity end -there. There were the indignities to which holy things were subjected -at their hands. There were criminal sacrileges in which--according to -Torquemada--they vented their hatred of the Holy Christian Faith. - -Such, for instance, was the outrage upon the crucifix at Casar de -Palomero in 1488. - -On Holy Thursday of that year, in this village of the diocese of Coria, -several Jews, instead of being at home with closed doors at such a -season, as the Christian law demanded, were making merry in an orchard, -to the great scandal of a man named Juan Caletrido, who there detected -them. - -The spy, moved to horror at the mere thought of these descendants of -the crucifiers daring to be at play upon such a day as that, went -to inform several others of what he had witnessed. A party of young -Spaniards, but too ready to combine the performance of a meritorious -act with the time-honoured sport of Jew-baiting, invaded the privacy -of the orchard, set upon the Jews, and compelled them to withdraw into -their houses. - -Smarting under this indignity--for, when all is said, they had been -more or less private in their orchard, and they had intended no offence -by their slight evasion of the strict letter of the law--they related -the event to other members of the synagogue, including the Rabbi. - -From what ensued it seems plain that they must there and then have -determined to avenge the honour of their race, which they conceived had -been affronted. - -Llorente, basing himself upon the chronicler Velasquez and the -scurrilous anti-Jewish writings of Torrejoncillo, supposes that their -aim was to repeat as nearly as possible the Passion of the Nazarene -upon one of His Images. That, indeed, may have been the prejudiced view -of the Grand Inquisitor. - -But it is far more likely that, to spite these Christians who had added -this insult to the constant humiliations they were putting upon the -Israelites, the latter should simply have resolved to smash one of the -public symbols of Christianity. The details of what took place do not -justify the supposition that their intentions went any deeper. - -On the morrow, which was Good Friday, the circumstance of the day -contributing perhaps to the more popular version of the story, whilst -the Christians were in church for the service of the Passion, a party -of Jews repaired to an open space known as Puerto del Gamo, where stood -a large wooden crucifix. This image they shattered and overthrew. - -It is alleged that before finally breaking it they had indulged in -elaborate insult, “doing and saying all that their rage dictated -against the Nazarene.” - -An Old-Christian, named Hernan Bravo, having watched them, ran to bear -the tale of their sacrilegious deed. The Christians poured tumultuously -out of church, and fell upon the Jews. Three of the latter were stoned -to death on the spot; two others, one of whom was a lad of thirteen, -suffered each the loss of his right hand; whilst the Rabbi Juan, being -taken as an inciter, was put to the question with a view to inducing -him to confess. But he denied so stoutly the things he was required to -admit, and the inquisitors tortured so determinedly, that he died upon -the rack--an irregularity this for which each inquisitor responsible -would have to seek absolution at the hands of the other. - -All those who took part in the sacrilege suffered confiscation of -their property, whilst the pieces of the crucifix, which had become -peculiarly sanctified by the affair, were gathered up and conveyed to -the Church of Casar, where, upon being repaired, the image was given -the place of honour.[160] - -It is extremely likely that the story of this outrage, exaggerated as -we have seen, would be one of the arguments employed by Torquemada -when first he began to urge upon the attention of the Sovereigns the -desirability of the expulsion of the Jews. He would cite it as a -flagrant instance of the Jewish hatred of Christianity, which gave -rise to his complaint and which he contended rendered a united Spain -impossible as long as this accursed race continued to defile the land. -Further, there can be very little doubt that it would serve to revive -and to lend colour to the old stories of ritual murder practised by the -Jews and provided for by one of the enactments in the “Partidas” code -of Alfonso XI. - -The reluctance of the Sovereigns to lend an ear to any such arguments -is abundantly apparent. Not Ferdinand in all his bigotry could be blind -to the fact that the chief trades of the country were in the hands of -the Israelites, and to the inevitable loss to Spanish commerce, then -so flourishing, which must ensue on their banishment. Of their ability -in matters of finance he had practical and beneficial experience, and -the admirable equipment of his army in the present campaign against the -Moors of Granada was entirely due to the arrangements he had made with -Jewish contractors. Moreover, there was this war itself to engage the -attention of the Sovereigns, and so it was not possible to lend at the -moment more than an indifferent attention to the fierce pleadings of -the Grand Inquisitor. - -Suddenly, however, in 1490 an event came to light, to throw into -extraordinary prominence the practice of ritual murder of which the -Jews were suspected, and to confirm and intensify the general belief -in the stories that were current upon that subject. This was the -crucifixion at La Guardia, in the province of La Mancha, of a boy of -four years of age, known to history as “the Holy Child of La Guardia.” - -A stronger argument than this afforded him for the furtherance of -his aims Torquemada could not have desired. And it is probably this -circumstance that has led so many writers to advance the opinion that -he fabricated the whole story and engineered the substantiation of a -charge that so very opportunely placed an added weapon in his hands. - -Until some thirty years ago all our knowledge of the affair was derived -from the rather vague “Testimonio” preserved in the sanctuary of the -martyred child, and a little history of the “Santo Niño,” by Martinez -Moreno, published in Madrid in 1786. This last--like Lope da Vega’s -drama upon the same subject--was based upon a “Memoria” prepared by -Damiano de Vegas of La Guardia in 1544, at a time when people were -still living who remembered the incident, including the brother of a -sacristan who was implicated in the affair.[161] - -Martinez Moreno’s narrative is a queer jumble of possible fact and -obvious fiction, which in itself may be responsible for the opinion -that the whole story was an invention of Torquemada’s to forward his -own designs. - -But in 1887 the distinguished and painstaking M. Fidel Fita published -in the “Boletin de la Real Academia de la Historia” the full record, -which he had unearthed, of the proceedings against Yucé (or José) -Franco, one of the incriminated Jews. - -A good deal still remains unexplained, and must so remain until the -records of the trials of the other accused are brought to light. It -may perhaps be well to suspend a final judgment until then. Meanwhile, -however, a survey of the discovered record should incline us to the -opinion that, if the story is an invention, it is one for which those -who were accused of the crime are responsible--an unlikely contingency, -as we shall hope to show--and in no case can the inventor have been -Frey Tomás de Torquemada. - - - - -CHAPTER XIX - -THE LEGEND OF THE SANTO NIÑO - - -The extravagant story related by Martinez Moreno, the parish priest of -La Guardia, in his little book on the Santo Niño, is derived, as we -have said, partly from the “Testimonio” and partly from the “Memoria” -by de Vegas; further, it embodies all those legendary, supernatural -details with which the popular imagination had embellished the theme. - -Either it is one of those deliberate frauds known as “pious,” or else -it is the production of an intensely foolish mind. When we consider -that the author was a doctor of divinity and an inquisitor himself, we -prefer to incline to the former alternative. - -This mixture of fact and fiction sets forth how a party of Jews from -the townships of Quintana, Tenbleque, and La Guardia, having witnessed -an Auto de Fé in Toledo, were so filled with rage and fury, not only -against the Holy Tribunal, but against all Christians in general, that -they conspired together to encompass a complete annihilation of the -Faithful. - -Amongst them was one Benito Garcia, a wool-comber of Las Mesuras, who -was something of a traveller, and who had learnt upon his travels of -a piece of sorcery attempted in France for the destruction of the -Christians, which had miscarried owing to a deception practised upon -the sorcerers. - -The story is worth repeating for the sake of the light it throws upon -the credulity of the simple folk of Spain in such matters, a credulity -which in remote districts of the peninsula is almost as vigorous -to-day as it was in Moreno’s century. - -The warlocks, in that earlier instance of which Benito had knowledge, -were alleged to be a party of Jews who had fled from Spain on the first -institution of the Inquisition in Seville in 1482. They had repaired to -France bent upon the destruction of all Christians, to the end that the -Children of Israel might become lords of the land, and that the Law of -Moses might prevail. For the sorcery to which they proposed to resort -they required a consecrated wafer and the heart of a Christian child. -These were to be reduced to ashes to the accompaniment of certain -incantations, and scattered in the rivers of the country, with the -result that all Christians who drank the waters must go mad and die. - -Having obtained the wafer, they now approached an impoverished -Christian with a large family, and tempted him with money to sell them -the heart of one of his numerous children. The Christian, of course, -repudiated the monstrous proposal. But his wife, who combined cunning -with cupidity, drove with the Jews the bargain to which her husband -refused to be a party, and having killed a pig she sold them the heart -of the animal under obviously false pretences. - -As a consequence, the enchantment which the deluded Jews proceeded to -carry out had no such effect as was desired and expected. - -Armed with his full knowledge of what had happened, Benito now proposed -to his friends that they should have recourse to the same enchantment -in Spain, making sure, however, that the heart employed was that -of a Christian boy. He promised them that by this means, not only -the inquisitors, but all the Christians would be destroyed, and the -Israelites would remain undisputed lords of Spain. - -[Illustration: + EXURGE DOMINE ET JUDICA CAUSAM TUAM. PSALM 73. - - _Photo by Donald Macbeth._ - -BANNER OF THE INQUISITION. - -From Limborch’s “Historia Inquisitionis.”] - -Amongst those who joined him in the plot was a man named Juan Franco, -of a family of carriers of La Guardia. This man went with Benito to -Toledo on the Feast of the Assumption, intent upon finding a child -for their purpose. They drove there in a cart, which they left outside -the city while they went separately about their quest. - -Franco found what he sought in one of the doorways of the Cathedral, -known as the Puerta del Perdon--the door, adds Moreno, through which -the Virgin entered the church when she came from heaven to honour with -the chasuble her votary St. Ildefonso. The Jew beheld in this doorway a -very beautiful child of three or four years of age, the son of Alonso -de Pasamontes. His mother was near at hand, but she was conveniently -blind--_i.e._ conveniently for the development of Moreno’s story, -this blindness serving not only the purpose of rendering the child’s -undetected abduction easily possible, but also that of affording the -martyred infant scope for the first miraculous manifestation of his -sanctity. - -Juan Franco lured the boy away with the offer of sweetmeats. He -regained his cart with his victim, concealed the latter therein, -and so returned to La Guardia. There he kept the child closely and -safely until Passion Week of the following year, or, rather, until the -season of the Passover, when the eleven Jews--six of whom had received -Christian baptism--assembled in La Guardia. They took the child by -night to a cave in the hills above the river, and there they compelled -him to play the protagonist part in a detailed parody of the Passion, -scourging him, crowning him with thorns, and finally nailing him to a -cross. - -On the subject of the scourging, Moreno tells us that the Jews -carefully counted the number of lashes, aiming in this, as in all other -details, at the greatest historical fidelity. But when the child had -borne without murmuring upwards of five thousand strokes, he suddenly -began to cry. One of the Jews--finding, we are to suppose, that this -weeping required explanation--asked him: “Boy, why are you crying?” - -To this the boy replied that he was crying because he had received five -lashes more than his Divine Master. - -“So that,” says this doctor of divinity quite soberly, “if the lashes -received by Christ numbered 5,495, as computed by Lodulfo Cartujano in -his ‘In Vita Christi,’ those received by the Holy Child Christoval were -5,500.”[162] - -He mentions here the child’s name as “Christoval,” to which he informs -us that it was changed from “Juan,” to the end that the former might -more aptly express the manner of his death. There is no doubt that some -such consideration weighed when the child was given that suggestive -name; but the real reason for it was that no name was known (for the -identity of the boy did not transpire), and it was necessary to supply -him with one by which he might be worshipped. - -When he was crucified, his side was opened by one of the Jews, who -began to rummage[163] for the child’s heart. He failed to find it, and -he was suddenly checked by the child’s question--“What do you seek, -Jew? If you seek my heart, you are in error to seek it on that side; -seek on the other, and you will find it.” - -In the very moment of his death, Moreno tells us, the Santo Niño -performed his first miracle. His mother, who had been blind from birth, -received the gift of sight in the instant that her child expired.[164] - -This interpolation appears to be entirely Moreno’s own, and it is one -of the justifications of our assumption that the work is to be placed -in the category of pious frauds. But he is, of course, mistaken, by -his own narrative, in announcing this as the first of the child’s -miracles. He overlooks the miracle entailed in the capacity to count -displayed by a boy of four years of age, and the further miracle of the -speech addressed by the crucified infant to the Jew who had opened his -side. - -Benito Garcia was given the heart, together with a consecrated wafer -which had been stolen by the sacristan of the Church of Sta. Maria de -La Guardia, and with these he departed to seek out the mage who was to -perform the enchantment. It happened, however, that in passing through -Astorga, Benito--who was himself a _converso_--pretending that he was -a faithful Catholic, repaired to church, and, kneeling there, the -more thoroughly to perform this comedy of devoutness, he pulled out a -Prayer Book, between the leaves of which the consecrated wafer had been -secreted. - -A good Christian kneeling some little way behind him was startled -to see a resplendent effluence of light from the book. Naturally he -concluded that he was in the presence of a miracle, and that this -stranger was some very holy man. Filled with reverent interest, -he followed the Jew to the inn where he was lodged, and then went -straight to the father inquisitors to inform them of the portent he had -witnessed, that they might investigate it. - -The inquisitors sent their familiars to find the man, and at sight of -them Benito fell into terror, “so that his very face manifested how -great was his crime.” He was at once arrested, and taken before the -inquisitors for examination. There he immediately confessed the whole -affair. - -Upon being desired to surrender the heart, he produced the box in which -it had been placed, but upon opening the cloth that had been wrapped -round it, the heart was discovered to have miraculously vanished. - -Yet another miracle mentioned by Moreno is that when the inquisitors -opened the grave where it was said that the infant had been buried, -they found the place empty, and the Doctor considers that since the -child had suffered all the bitterness of the Saviour’s Passion, it was -God’s will that he should also know the glories of the Resurrection, -and that his body had been assoomed into heaven. - - * * * * * - -The “Testimonio” from the archives of the parochial church of La -Guardia, printed on tablets preserved in the Sanctuary of the Santo -Niño, is quoted by Moreno,[165] and runs as follows: - -“We, Pedro de Tapia, Alonso Doriga and Matheo Vazquez, secretaries -of the Council of the Holy and General Inquisition, witness to all -who may see this that by certain proceedings taken by the Holy Office -in the year 1491, the Most Reverend Frey Tomás de Torquemada being -Inquisitor-General in the Kingdoms of Spain, and the inquisitors and -judges by him deputed in the City of Avila being the Very Reverend -Dr. D. Pedro de Villada, Abbot of San Marcial and San Millan in the -Churches of Leon and Burgos, the Licentiate Juan Lopez de Cigales, -Canon of the Church of Cuenca, and Frey Fernando de Santo Domingo -of the Order of Preachers, inquisitors as is said against heretical -pravity, and with power and special commission from the Very Reverend -D. Pedro Gonzalez de Mendoza, Cardinal of Santa Cruz, Archbishop of -Toledo, Primate of Spain, Grand Chancellor of Castile, and Bishop of -Siguenza. - -“It transpires that the said inquisitors proceeding against certain -Jews and some New-Christians converted from Jews, of the neighbourhood -of La Guardia, Quintanar, and Tenbleque, ascertained that amongst -other crimes by these committed was that: one of the said Jews and -one of the newly-converted being in Toledo and witnessing a burning -that was being done by the Holy Office in that city, they were cast -down by this execution of justice. The Jew said to the convert that -he feared the great harm that might come and did come to them from the -Holy Inquisition, and having treated of various matters germane to -this subject, the Jew said that if they could obtain the heart of a -Christian boy all could be remedied. And so, after his wide practice in -this matter, the Jew from the neighbourhood of Quintanar undertook to -procure a Christian boy for the said purpose. - -“And it was agreed that the said New-Christian should go to Quintanar -as soon as bidden by the Jew; and upon this understanding each of the -aforesaid left the City of Toledo and returned to his own district. - -“A few days later the said Jew summoned the New-Christian to come to -him in the village of Tenbleque, where he awaited him in his father’s -house. There they foregathered, and agreed upon a day when they -should meet at Quintanar, whither the New-Christian now returned, and -informed, as he had agreed, a brother of his own, who like himself was -also a New-Christian, and he related fully all that had been arranged, -his brother being of the same mind. - -“The better to execute their accursed project, they arranged a place -to which the child should be brought, and what was to be done--that -this should be in a cave near La Guardia, on the road to Ocaña, on the -right-hand side. And thus to execute the matter, the said New-Christian -went to Quintanar on the day arranged together with the said Jew. - -“The better to dissemble, he went to a tavern, where presently he -was able to communicate with the Jew, and as a result of what passed -between them, the New-Christian went out to await him on the road to -Villa Palomas in a ravine, where presently he was joined by the said -Jew on an ass with the child before him--of the age of three or four -years. - -“They went on together, and arrived after nightfall at the said cave, -whither came, as was arranged, the brother of the New-Christian, and -with him other newly-converted Jews, with whom it appears that the -aforesaid matter had been treated. - -“Being all assembled in the cave, they lighted a candle of yellow wax, -and so that the light should not be seen they hung a cloak over the -mouth of the cave. They seized the boy, whom the said Jew had taken -from the Puerta del Perdon in Toledo--which boy was named Juan, son of -Alonso Pasamontes and of Juana La Guindera. The said New-Christians -now made a cross out of the timbers of a ladder which had been brought -from a mill. They threw a rope round the boy’s neck and they set him on -the cross, and with another rope they tied his legs and arms, and they -nailed his feet and hands to the cross with nails. - -“Being thus placed (_puesto_), one of the New-Christians from the -neighbourhood of La Guardia bled the child, opening the veins of his -arms with a knife, and he caught the blood that flowed in a cauldron; -and with a rope in which they had tied knots some whipped him, whilst -others set a crown of thorns upon his head. They struck him, spat upon -him, and used opprobrious words to him, pretending that what they were -saying to the said child was addressed to the Person of Christ. And -whilst they whipped him, they said: ‘_Betrayer, trickster, who, when -you preached, preached falsehood against the Law of God and Moses; -now you shall pay here for what you said then. You thought to destroy -us and to exalt yourself. But we shall destroy you._’ And further: -‘_Crucify this betrayer who once announced himself King, who was to -destroy our temple_....’ etc. etc.[166] - -“After the ill-treatment and vituperation, one of the New-Christians -from La Guardia opened the left side of the child with a knife and drew -out his heart, upon which he threw some salt; and so the child expired -upon the cross. All of which was done in mockery of the Passion of -Christ; and some of the New-Christians took the body of the child and -buried it in a vineyard near Sta. Maria de Pera. - -“A few days later the said Jew and New-Christians met again in the cave -and attempted certain enchantments and conjurations with the heart of -the child and a consecrated Host obtained through a sacristan who was -a New-Christian. This conjuration and experiment they performed with -the intention that the inquisitors of heretical pravity and all other -Christians should enrage and die raging (_rabiendo_), and the Law of -Jesus Christ our Redeemer should be entirely destroyed and superseded -by the Law of Moses. - -“When they saw that the said experiment did not operate nor had the -result they hoped, they assembled again elsewhere, and having treated -of all that they desired to effect, by common consent one of them was -sent with the heart of the said child and the consecrated Host to the -Aljama of Zamora, which they accounted the principal Aljama in Castile, -to the end that certain Jews there, known to be wise men, should with -the said heart and Host perform the said experiment and sorcery that -the Christians might enrage and die, and thus accomplish what they so -ardently desired. - -“And for the greater ascertaining of the crime and demonstration of the -truth, the said inquisitors having arrested some of the said offenders, -New-Christians and Jews, they set the accused face to face, so that -in the confession of their crimes there was conformity, and these -confessions consisted of what has been here set down. In addition other -further steps were taken to verify the places where the crimes were -committed and the place where the child was buried; and they took one -of the principal accused to the place where the child was buried, and -there they found signs and demonstration of the truth of all.[167] Some -of the said accused, and some already deceased, being prosecuted, they -were sentenced and abandoned to the secular arm, all that we have set -down being in accordance with the records of the proceedings to which -we refer. - -“The said ‘Testimonio’ written upon three sheets bearing our rubrics, -we the said secretaries deliver by request of the Procurator-General of -the village of La Guardia, by order of the Very Illustrious Señores of -His Majesty’s Council of the Holy Inquisition in the City of Madrid in -the Diocese of Toledo, on the 19th day of September of the year of the -birth of our Lord Jesus Christ, 1569. - - “ALONSO DE DORIGA = Nec auro frangenda fides. - MATHEO VAZQUEZ = In cujus fide fœdera consistunt. - PEDRO DE TAPIA.” - - * * * * * - -This “Testimonio” does not afford us the name of any one of the -offenders--presumably that the holy place in which the tablets were -exposed should not be desecrated. When it is compared with the account -left by Moreno and the discrepancies between the two become apparent, -when, further, the extravagances of Moreno’s story are considered, it -is not surprising that the conclusion should have been reached that the -whole affair was trumped up to forward that campaign against the Jews -to which Torquemada was employing his enormous energies. - -But the records of the trial of Yucé Franco discovered by Fidel Fita -throw a very different light upon the matter. And whilst we know that -Torquemada did avail himself to the utmost of this affair of the Santo -Niño to encompass the banishment of the Jews from Spain, we must -consider all notion that he himself simply invented the story to that -end as completely dispelled by the evidence that is now to be examined. - -From the records of the trial of Yucé Franco we are to-day not only -able very largely to reconstruct the event, but also to present a -complete instance of the application of the jurisprudence of the -Inquisition. Indeed, had the archives of the Holy Office been ransacked -for an entirely typical prosecution, embodying all the features -peculiar to that terrible court, no better instance than this could -have been forthcoming. - - - - -CHAPTER XX - -THE ARREST OF YUCÉ FRANCO - - -In May or June of 1490--the time of year being approximately determined -by the events that follow--a baptized Jew of Las Mesuras named Benito -Garcia put up at an inn in the northern village of Astorga. He was an -elderly man of some sixty years of age, a wool-comber by trade and a -considerable traveller in the course of his trading. - -In the common-room of the tavern where he sat at table were several -men of Astorga, who, either in a drunken frolic or because they were -thieves, went through the contents of his knapsack, and discovered in -it some herbs and a communion wafer, which they at once assumed to be -consecrated (and which it was grossest sacrilege for a layman so much -as to touch). - -Uproar followed the announcement of the discovery. With cries of -“Sacrilege!” these thieving drunkards fell upon the Jew. They beat him. -They flung a rope about his neck, dragged him from the inn and haled -him into the presence of the Provisor of Astorga, Dr. Pedro de Villada. -The reverend doctor discharged there the functions of an agent of the -Holy Office. He was fully experienced in inquisitorial affairs, and he -was upon the eve of being promoted to the dignity of inquisitor in the -court of Avila. - -Villada received the wafer, heard the accusation, and took a short way -with Benito when the latter refused to explain himself. He ordered him -two hundred lashes, and finding the man still obdurate after this -punishment, he submitted him to the water-torture. Under this the -wretched fellow at last betrayed himself. Of precisely what he said we -have no record taken at the time; but we have his own word for it--as -reported afterwards by Yucé Franco to whom he uttered it--that “he had -said more than he knew, and enough to burn him.”[168] - -Having, as is clear, obtained from him an admission of his own guilt, -Villada now proceeded, as prescribed by the “Directorium,” to induce -him to incriminate others. We know the methods usually employed; from -these and from what follows it is quite reasonable to assume that -recourse was had to them now. - -Following Eymeric’s instructions, Villada would, no doubt, admonish -him with extreme kindness, professing to cast no blame upon Benito -himself but rather upon those evil ones who had seduced him into error, -and he would exhort the prisoner to save himself by showing a true -penitence, pointing out that the only proof of his penitence he could -advance would be a frank and free delation of those who had led him so -grievously astray. - -From the occasional glimpses of this Benito Garcia vouchsafed us in -the records of the trial of Yucé Franco, we perceive a rather reckless -personality, of a certain grim, sardonic humour, gleams of which -actually pierce through the dehumanization of the legal documents to -ensnare our sympathy. - -He is imbued with contempt for these Christians whose religion he -embraced forty years ago, in what he accounts a weak moment of his -youth, and from which he secretly seceded again some five years before -his arrest. He is weighed down by remorse for having been false to the -Jewish faith in which he was born; he believes himself overtaken by the -curse which his father launched upon him when he took that apostatizing -step; he is out of all conceit with Christianity; since seeing the -bonfires of the Faith he has come to the conclusion that as a religion -it is an utter failure; it has been his habit to sneer at Jews who were -inclining to Christianity. - -“Get yourselves baptized,” was the gibe he flung at them, “and go and -see how they burn the New-Christians.”[169] - -In the prison of Avila--when he gets there--his one professed aim is to -die in the faith of his fathers. - -But it would seem that when first taken in the toils of the -Inquisition, and having experienced in his own person the horrors of -its methods, he realizes the sweetness of life, and eagerly avails -himself of the false loophole so alluringly exposed by the reverend -doctor. - -In his examination of June 6 he betrays to Villada the course of his -re-Judaizing. He relates that five years ago, whilst in talk with one -Juan de Ocaña, a converso whom he believes to be a Jew at heart under -an exterior of Christianity, the latter had urged him to return to -the Jewish faith, saying that Christ and the Virgin were myths, and -that there is no true law but that of Moses. Lending an ear to these -persuasions, Benito had done many Jewish things, such as not going to -church (although he whipped his children when they stayed away, lest -their absence should betray his own apostasy) nor observing holy-days, -eating meat on Fridays and fast-days at the house of Mosé Franco and -Yucé Franco--Jews of the neighbourhood of Tenbleque--and wherever else -he could eat it without being detected. Indeed, for the past five -years, he admits, he has been a Jew at heart, and if during that -time he did not more completely observe Jewish rites and practices, -it was because he dared not for fear of being discovered; whilst all -the Christian acts he had performed had been merely a simulation, that -he might appear to be a Christian still. The confessions he had made -to the priest of La Guardia had been false ones, and he had never -gone to Communion--“believing that the Corpus Christi was all a farce -(_creyendo que todo era burla el Corpus Christi_).” He even added that -whenever he saw the Viaticum carried through the streets, it was his -habit to spit and to make _higas_ (a gesture of contempt).[170] - -In these last particulars his confession is of an extreme frankness, -and we can only suppose that he is merely repeating what the torture -had already extracted from him. Completely to elucidate the matter as -it concerns Benito Garcia, we should require to be in possession of the -full records of his own trial (which have not yet been discovered), -whereas at present we have to depend upon odd documents from that -_dossier_ which are introduced in Yucé Franco’s as relating to the -latter. - -Questioned more closely concerning these Jews he has mentioned--Mosé -and Yucé Franco--Benito states that they lived with their father, Ça -Franco, at Tenbleque, that he was in the habit of visiting them upon -matters of business, and that he had frequently eaten meat at their -house on Fridays and Saturdays and other forbidden days, and had often -given them money to purchase oil for the synagogue lamps. - -We know that, as a consequence of these confessions, Ça Franco, an old -man of eighty years of age, and his son Yucé, a lad of twenty who was -a cobbler by trade, were arrested on July 1, 1489, for proselytizing -practices--_i.e._ for having induced Benito Garcia to abandon the -Christian faith to which he had been converted. - -Ça’s other son, Mosé, was either dead at the time or else he died very -shortly after arrest and before being brought to trial. - -Juan de Ocaña, too, was arrested upon the same grounds. - -They were taken to Segovia, and thrown into the prison of the Holy -Office in that city. In this prison Yucé Franco fell so seriously ill -that he believed himself at the point of death. - -A physician named Antonio de Avila, who spoke either Hebrew or the -jargon of Hebrew and Romance that was current among the Jews of the -Peninsula, went to attend to the sick youth. Yucé implored this doctor -to beseech the inquisitors to send a Jew to pray with him and to -prepare him for death--“_que le dixiese las cosas que disen los Judios -quando se quieren morir_.” - -The physician, who, like all the family of the Inquisition, was himself -a spy, duly conveyed the request to the inquisitors. They seized -the chance to put into practice one of the instructions advanced by -Eymeric. They sent a Dominican, one Frey Alonso Enriquez, disguised as -a Jew, to minister to the supposed moribund. The friar had a fluent -command of the language spoken by the Jews of Spain. He introduced -himself to the lad as a Rabbi named Abraham, and completely imposed -upon him and won his confidence. - -He pressed Yucé to confide in him, and in his manner of doing so he -proceeded along the crafty lines advocated by the “Directorium.” - -Eymeric, as will be remembered, enjoins that when a prisoner is -examined, the precise accusation against him should not be disclosed; -rather he should be questioned as to why he conceives that he has been -arrested and by whom he supposes himself to have been accused, with the -object of perhaps discovering further and hitherto unsuspected matters -against him. - -Against Yucé Franco and the other prisoners there was at this stage no -charge beyond that--serious enough in itself--of having induced Benito -Garcia to re-Judaize. But the disguised friar now pressed him with -probing questions, asking him what he had done to get himself arrested. - -Yucé--who did not yet know what was the charge--entirely duped, and -believing that his visitor was a Rabbi of his own faith, replied that -“_he had been arrested on account of the_ mita _of a_ nahar, _which had -been after the manner of_ Otohays.”[171] - -We have left the Hebrew words untranslated to illustrate the -unintelligibility of the phrase to the general. - -_Mita_ means “killing,” _nahar_ means “a boy,” whilst -_Otohays_--literally “that man”--is startling because it is identical -with the term used in St. Luke (xxiii. 4) and in the Acts of the -Apostles (v. 28) to designate Christ. - -Yucé begged the false Rabbi Abraham to go to the Chief Rabbi of the -Synagogue of Segovia,[172] a man of very considerable importance and -influence, and to inform him of this fact, but otherwise to keep the -matter very secret. - -The Dominican repaired to the inquisitors who had sent him with this -very startling piece of information, which was corroborated by the -physician, who had remained well within earshot during the entire -interview. - -By order of the inquisitors Frey Alfonso Enriquez returned to Yucé’s -prison a few days later to attempt to elicit from the young Jew -further particulars of the matter to which he had alluded. But the -lad--probably considerably recovered by now, and therefore more -alert--evinced the greatest mistrust of the physician Avila, who -was hovering near them, and would not utter another word on the -subject.[173] - -The matter was of such gravity that we are quite safe in assuming--and -we have evidence to warrant the assumption--that it was instantly -communicated to Torquemada, who at the time was at his convent of -Segovia, practically upon the spot. - -We know--as will presently transpire--that it was by order of -Torquemada that Yucé Franco and the others came to be in the prison of -the Holy Office at Segovia, instead of in that of the extremely active -Inquisition of Toledo, within whose jurisdiction the accused dwelt -and the crime had been committed. We are unable to give an absolutely -authentic reason for this. But we gather that the examination of Ça -Franco, or of Ocaña, or perhaps of Benito himself--who had said “more -than he knew”--must have yielded disclosures of such a nature that upon -learning them the Grand Inquisitor had desired that the trial should be -conducted immediately under his own direction. - -The Sovereigns, who had been in Andalusia since May of the previous -year, about the war upon Granada, now wrote to Torquemada--in July -1490--bidding him join them there. - -From Segovia the Grand Inquisitor replied, urging very pressing -business to which he proposed to give his personal attention, wherefore -he begged them to permit him to postpone his response to their -summons.[174] - - * * * * * - -He quitted Segovia at about this time to repair to Avila, where the -work upon the church and monastery of St. Thomas was well advanced; -so well advanced, indeed, that already he was able to take up his -residence in the monastery. - -We may assume that the pressing business he had urged to the Sovereigns -as an excuse for postponing his journey into Andalusia was the business -of inquiring into the alleged crimes of these Hebrew prisoners. For we -know that he had intended having them brought before himself at Avila, -but that being unable to dispose of the matter before the end of August -or to postpone beyond that time his departure to rejoin the Court, he -was compelled to entrust the matter to his delegates--the Dominican -Frey Fernando de Santo Domingo, and the sometime Provisor of Astorga, -Dr. Pedro de Villada, with whom, no doubt, he would leave--as he says -himself--the fullest instructions. - -So much we are justified in assuming from the tenor of the following -letter, which he delivered to them under date of August 27, to serve -them as their warrant to remove the prisoners from Segovia and bring -them to Avila for trial. - -He wrote as follows: - -“We, Frey Tomás de Torquemada, Prior of the Monastery of Holy Cross of -Segovia, of the Order of Preachers, Confessor and Councillor to the -King and Queen, our Sovereign lords, Inquisitor-General of heretical -pravity and apostasy in the Kingdoms of Castile and Aragon and all -other Dominions of their Highnesses, so deputed by the Holy Apostolic -See, - - Make known to you, - -Reverend and Devout Fathers, D. Pedro de Villada, Doctor of Canon Law -... Juan Lopes de Cigales, Licentiate of Holy Theology ... and to you, -Frey Fernando de Santo Domingo ... Inquisitors of heretical pravity in -the said City and Bishopric of Avila, - -That we, by certain and legitimate information received, ordered the -arrest of the persons and bodies of Alonso Franco, Lope Franco, Garcia -Franco, and Juan Franco of the neighbourhood of La Guardia in the -Archbishopric of Toledo, and of Yucé Franco, a Jew of the neighbourhood -of Tenbleque, and of Mosé Abenamias, a Jew of the City of Zamora, and -of Juan de Ocaña and Benito Garcia, of the neighbourhood of the said -place of La Guardia, and the sequestration of all their property -for having practised heresy and apostasy and for having perpetrated -certain deeds, crimes, and offences against our Holy Catholic Faith, -and we ordered them to be taken to and held in the prison of the Holy -Inquisition of the City of Segovia until their cases should be fully -known to and decided by us or by such person or persons to whom we -consign them upon being so acquainted. - -“But inasmuch as we are now occupied with other and arduous matters, -and therefore may not personally acquaint ourselves with the said -cases or with any one of them, trusting in the legality, learning, -experience, and sound conscience of you, the said Reverend Father -Inquisitors and of each of you, and that you are such persons as -will well and faithfully discharge what we entrust to you by these -presents we commit to you, the said Reverend Father Inquisitors, -and to each of you, _in solidum_, the said proceedings against and -trials of the aforementioned and of any of them, whether they may -have been participators or accessories before or after the fact of -the said crimes and offences in any way committed against our Holy -Catholic Faith, and likewise of the abettors, counsellors, defenders, -concealers, those who had knowledge of the facts and offenders of -whatsoever degree, to the end that concerning them you may receive -and obtain any information from any part of the said Kingdoms, and -seize and examine any witness, and inquire, learn, proceed, imprison, -sentence, and abandon to the secular arm such as you may find guilty, -absolve and liberate those without guilt, and do concerning them all -things and any thing that we ourselves should do being present.... - -“And by these presents we order the Father Inquisitors of the City of -Segovia and each and any of them in whose power are the said prisoners -to deliver them immediately in safe custody to you. - -“Given in the Monastery of St. Thomas of the said Order of Preachers, -which is beyond and near the walls of the said City of Avila.”[175] - - * * * * * - -At what stage of the affair the four brothers Franco of La -Guardia--Alonso, Lope, Garcia, and Juan--had been arrested, and upon -whose information, we do not know. But we do know--for the _dossier_ of -Yucé’s trial is complete--that they were not betrayed by Yucé. - -That their names had been divulged is a confirmation of the surmise -that the examinations of Ocaña, or Ça Franco, or even Benito Garcia, -had already yielded further information on the subject of the affair of -La Guardia. - -It must be understood that the record of any examination of these -prisoners in which the name of Yucé Franco was not mentioned would find -no place in the _dossier_ of the latter’s trial. - -The four Francos of La Guardia were brothers, as we have said; but they -were nowise related to the Francos of Tenbleque--Ça and Yucé. They -were dealers in cereals--possibly millers--as we shall see, and they -owned a number of carts which they appear to have further employed in a -carrier’s business. They were baptized Jews, as is already made clear -in Torquemada’s letter by the fact that he does not describe them--as -he does the others--as Jews. - -All concerned in the affair, with the exception of one Ribera, who -does not at present enter into consideration, were men drawn from a -humble class of life--a class which through ignorance has always been -credulous and prone to belief in sorcery and enchantments. - -A curious circumstance is the omission in Torquemada’s letter of all -mention of the octogenarian Ça Franco, whom we know to have been -already under arrest. - -Having thus entrusted the conduct of the affair to his subordinates, -the Grand Inquisitor set out to join the Sovereigns in Andalusia. - -The prisoners were soon afterwards brought to Avila, secrecy being so -well observed that each remained in ignorance of the arrest of the -others. But before being transferred from Segovia Yucé was taken before -the Holy Office there for examination on October 27 and 28. And from -the nature of the questions--as revealed by the depositions made--we -are left to assume that the inquisitors aimed at further incriminating -the Francos of La Guardia, proceeding upon information extracted from -them, or else obtained from one of the other prisoners. - -In answer to the questions set him, Yucé Franco deponed that some three -years earlier he had gone to La Guardia to buy wheat for the unleavened -bread of the Passover from Alonso Franco, having been told that the -latter had wheat of good quality for sale. He sought Alonso in the -market, and thence accompanied him to his house. Talking as they went, -Alonso asked him why they made this unleavened bread, to which Yucé -replied that it was to commemorate God’s deliverance of the Children of -Israel out of Egypt. - -The question may certainly seem an odd one from a man who had been born -a Jew. But it should be remembered that ignorance and lack of education -might easily account for it. - -Yucé further deponed that in the pursuit of this conversation Alonso -not only betrayed nostalgic leanings towards his original faith, -but actually admitted that together with some of his brothers he -had crucified a boy one Good Friday in the manner that the Jews had -crucified Christ. - -Continuing, he said that Alonso had asked him whether the Paschal -lamb eaten by the Jews at the time of leaving Egypt had been _terefa_ -(slaughtered and bled in the Jewish manner), to which Yucé had replied -that it had not, as at that time the Law had not yet been made. - -These replies were construed by the inquisitors into admissions of -proselytizing on the part of Yucé, and when subsequently at Avila -(January 10, 1491) he was reminded of what he had said at Segovia -concerning what had passed between Alonso Franco and himself, and asked -whether he could remember anything further, he confirmed all that he -had already deponed, but could only add a question on the subject of -circumcision which had been addressed to him by Alonso.[176] - - * * * * * - -The fiscal advocate, or prosecutor of the tribunal, prepared his case -against Yucé Franco, and on December 17, 1490, he came before the court -at the audience of vespers to open the prosecution. - - - - -CHAPTER XXI - -THE TRIAL OF YUCÉ FRANCO - - -The Fiscal, D. Alonso de Guevára, announces to their Reverend -Paternities that his denunciation of Yucé Franco is prepared, and -he solicits them to order the prisoner to be brought into the -audience-chamber that he may hear it read. - -The apparitor of the court introduces the accused into the presence of -the inquisitors and their notary, to whom Guevára now hands his formal -accusation. This the notary proceeds to read. Thus: - -“Most Reverend and Virtuous Sirs,--I, Alonso de Guevára, Bachelor of -Law, Fiscal Prosecutor of the Holy Inquisition in this City and Diocese -of Avila, appear before your Reverend Paternities in the manner by -law prescribed, to denounce Yucé Franco, Jew, of the neighbourhood of -Tenbleque, who is present. - -“Not content that, in common with all other Jews, he is humanely -permitted to abide and converse with the faithful and Catholic -Christians, he did induce and attract some Christians to his accursed -Law with false and deceptive doctrines and suggestions, telling them -that the Law of Moses is the true one, in which there is salvation, -and that the Law of Jesus Christ is a false and fictitious Law never -imposed or decreed by God. - -“And with infidel and depraved soul he went with some others to crucify -a Christian boy, one Good Friday, almost in the manner and with that -hatred and cruelty with which the Jews, his ancestors, crucified -our Redeemer Jesus Christ, mocking and spitting upon him, striking -and wounding him with the aim of vituperating and deriding our Holy -Catholic Faith and the Passion of our Saviour Jesus Christ. - -“Item, he contrived, as principal, together with others, to obtain -a consecrated Host to be outraged and mocked in vituperation and -contempt of our Holy Catholic Faith, and because amongst the other -Jews--accomplices in the said crime--there were certain sorcerers -who on the day of their Passover of unleavened bread were to commit -enchantments with the said Host and the heart of a Christian boy. And -if this were done, as said, all Christians were to enrage and die. The -intention moving them was that the Law of Moses should be more widely -kept and honoured, its rites and precepts and ceremonies more freely -solemnized, that the Christian Religion should perish and be subverted, -and that they, themselves, should become possessed of all the property -of the Catholic and Faithful Christians, and there should be none to -interfere with their perverse errors, and their generation should grow -and multiply upon the earth, that of the Faithful Christians being -entirely extirpated. - -“Item, he committed other crimes concerning the Holy Office of the -Holy Inquisition, as I shall state and allege in the course of these -proceedings as far as I may consider necessary. - -“Wherefore I beg you, Reverend Sirs, that you pronounce the said Yucé -Franco, for the said crimes, to be a malefactor, abettor of heretics, -and a subverter and destroyer of the Catholic and Christian Law; and -that he shall be deemed to have fallen into and incurred all the -penalties and censures prescribed by canon and civil law for those -who commit these crimes, and the confiscation and loss of all his -property, which shall be applied to the royal treasury, and that he may -be abandoned to the secular arm and justice that it may do with him -as by law befits with a malefactor, an abettor of heretics, and an -extirpator of the Catholic Faith.... - -“Wherefore I petition your Reverences to proceed against the said Yucé -Franco _simpliciter et de plano et sine estrepitu judicii_, as runs the -formula prescribed by law in such cases,[177] to the end that justice -may be fulfilled. - -“And I swear to God on this Cross on which I set my hand, that this -petition and denunciation which I bring against Yucé Franco I do not -bring maliciously, but because I believe him to have committed all that -I have stated, and to the end that justice may be done and the wicked -and the abettors of heretics be punished, that the good men may be -known and that our Holy Catholic Faith may be exalted.”[178] - - * * * * * - -It will be seen presently that at this stage of the proceedings Yucé -had not the slightest suspicion that the pretended Rabbi Abraham who -had visited him in his prison of Segovia when he lay sick was other -than he had announced himself. Nor did the accusation afford him the -least hint that any of his associates had been taken, or that Benito -Garcia had been examined under torture. So carefully had they managed -things that he was not even aware of the arrest of his old father. - -Therefore it must have come as something of a shock to him to hear this -matter of the crucifixion of the child at La Guardia included in the -indictment. Nevertheless he unhesitatingly pronounced the denunciation -to be the “greatest falsehood in the world.” - -Guevára answered this denial by petitioning the court to receive the -proofs which he was prepared to present. - -Being asked whether in the preparation of his defence he would require -the services of counsel, Yucé replied in the affirmative, and the -tribunal appointed as his attorney the Bachelor Sanç,[179] and as -his advocate Juan de Pantigoso. The usual form of oath was imposed -upon these lawyers, and Yucé empowered them to act for him within the -narrow limitations imposed by the Holy Office, which afforded them no -opportunity to cross-examine the witnesses for the prosecution or even -to be present at their examination. - -The notary of the court was ordered to supply the defendant with a copy -of the indictment, and Yucé was allowed a term of nine days within -which to prepare his answer. - -Five days later the accused successfully petitions the court that to -the advocate appointed him be added one Martin Vazquez, to whom he -gives the necessary powers. And it is this same Martin Vazquez who on -that very day--December 22, 1490--presents to the court the written -repudiation of the indictment, prepared by the Bachelor Sanç, in his -client’s name. - - * * * * * - -The advocate begins by respectfully submitting that this court has no -jurisdiction over his client on the score of the crimes alleged against -him, since their Paternities are inquisitors appointed--_Auctoritate -Apostolica_--for the Diocese of Avila only, and only over persons -of that diocese. Yucé is of the Diocese of Toledo, where there are -inquisitors of heretical pravity, before whom he is ready to appear to -answer any charges. Therefore his case should have been referred to -that court of Toledo, and their Paternities should never have received -Guevára’s denunciation. - -He proceeds to reprove their Paternities for having done so upon -sounder grounds, when he protests that the accusation is too vague and -general and obscure. It does not state place or year or month or day -or hour in which, or persons with whom, it is alleged that his client -committed the crimes set forth. - -Further, he objects that since his client is a Jew, he cannot with -justice be accused of having fallen into the crime of heresy or -apostasy; and therefore it is not right that--as may be done in the -case of a heretic--the full expression and elucidation of what is -charged against him should be withheld, since thus it is impossible -for his client to defend himself, not knowing what precisely are the -charges made. - -The advocate very rightly denounces it as against all equity that -the Fiscal should thus prejudice Yucé without particularizing his -accusation, and he warns their Paternities that it may prove hurtful to -their consciences if, as a result of Guevára’s generalizations, Yucé -should come to suffer and die undefended. - - * * * * * - -It is very unsatisfactory equity which says to a man, “You are accused -of such-and-such crimes. Prove your innocence of them, or we punish -you.” But it is not equity at all that can say, “You are accused of -something; no matter what. Prove to us that you are innocent of all the -offences for which this tribunal may proceed against you, or we find -you guilty and send you to death.” - -This, however, was precisely the method of the Holy Office, and being -aware of it, the advocate is forced to confess that in a case of heresy -secretly committed the Inquisition may admit an accusation that does -not specify time or place of the alleged offence. - -But this, he insists, does not apply to his client, who, being a -Jew and not having a baptized soul, may not truly be denounced as a -heretic. He appeals to the consciences of the inquisitors not to admit -the accusation, and finally he threatens that if they do so, he will -lodge a complaint where by right he may. - -From all this it appears that so completely--as completely as his -client--is the advocate in ignorance of the mainsprings of the -prosecution that he does not even know that the trial has been ordered -by Torquemada, himself, to take place in Avila. That warrant-letter of -the Grand Inquisitor’s has not been divulged to the defendant, lest in -learning the names of his fellow-accused he should learn too much, be -put upon his guard, and equipped to set up a tenable defence. - -But in any case, and to be on the safe side, the advocate offers -a categorical and eloquent denial of every count in the Fiscal’s -indictment. - -He scoffs at the absurdity of accusing Yucé Franco of seeking to seduce -Christians into embracing the Law of Moses. He urges the lad’s youth, -his station in life, his general ignorance (even of that same Law of -Moses by which he lives), and the fact that he has to work hard to -make a living by his cobbler’s trade; and he adduces that his client -has neither the time nor the knowledge necessary to attempt any such -proselytizing as that with which he is charged. - -He declares that if at any time Yucé did expound any part of the Mosaic -Law in answer to questions addressed to him (this being obviously -inspired by Yucé’s recollection of the statements he has made under -examination concerning Alonso Franco) he did so simply and frankly, -with no thought of proselytizing, nor could it so be construed. In -fact, save for the answers returned by him to questions asked by Alonso -Franco, the lad does not remember ever to have done even so much, which -would have been no real offence in any case. - -Full and formal, too, is the denial of Yucé’s participation in the -crucifixion of any boy, and of having procured or attempted to procure -a Host. The advocate ridicules the notion of this cobbler-lad being a -sorcerer, or having knowledge of, or interest in, sorcery. - -Finally--burrowing ever in the dark, and seeking to undermine -possibilities, since he is given no facts that he may demolish--he -suggests that the depositions received against Yucé are perhaps -susceptible of being interpreted in different ways, and may refer -equally to good or evil, and that since he is accused and arrested the -things he has, himself, deponed (_i.e._ concerning Alonso Franco’s -Judaizing tendencies) should be interpreted in his favour, and not -against him. - -Therefore he petitions their Reverend Paternities to order the -witnesses to declare with whom, where, when, and how Yucé committed -these things which are deponed against him. Failing that, he begs them -to declare his client acquitted, to release him, restoring him his good -fame and all property that may have been confiscated by order of their -Paternities or any other judges of the Inquisition.[180] - - * * * * * - -The court commanded the notary to prepare a copy of this plea, and to -deliver it to the Fiscal, who was instructed to reply to it within -three days. And they further commanded that at the time of the delivery -of the said reply, Yucé Franco should again be brought before them that -he might learn what was determined concerning him. - - * * * * * - -The only matter of interest in the next sitting[181]--and this from the -point of view of the illustration which these proceedings afford us of -inquisitorial methods--is the Fiscal’s repudiation of any obligation -on his part to precise the time or place of the crimes with which Yucé -Franco is accused, and his insistence that, in spite of all that has -been advanced by the defendant, the case must be considered one of -heresy. - -The court evidently takes the same view, for it commands both parties -to the action to proceed to advance proof of their respective -contentions within thirty days. Meanwhile, to clear up the matter of -the venue, the court communicates with the Cardinal of Spain. The -Primate very promptly grants the requisite permission to transfer -the action to Avila from his own Archbishopric of Toledo within -whose jurisdiction it had lain. This was the merest formality; for -considering the explicit commands in the matter left by the supreme -arbiter, Torquemada, the Cardinal could hardly have proceeded otherwise. - - * * * * * - -The methods now adopted by the Fiscal to obtain the proofs which -he requires, or at least to build a more complete and overwhelming -case--for we cannot but suppose that already he had sufficient material -upon which to have obtained a conviction--are eminently typical. - -We know that Ça Franco, Benito Garcia, Juan de Ocaña, and the -four Francos of La Guardia were all at this time in the hands of -the inquisitors; and it is not to be doubted that these men would -be undergoing constant examination. But it is obvious, from the -absence in the _dossier_ with which we are concerned of any document -relating to this particular period, that no avowals were made by his -fellow-prisoners to increase the incrimination of Yucé. - -Without wishing to set up too many hypotheses to bridge the _lacunæ_ -that result from the absence of the records of the proceedings against -the other accused, we would tentatively suggest that in preparing -that portion of his denunciation relating to the crucifixion of the -child, Guevára had simply adapted details extracted from Benito to -Yucé’s vague admission in the prison of Segovia. This conclusion -is eminently justifiable. It is based upon the fact that Guevára -altogether overstepped the limits of any evidence brought to light in -the whole course of the proceedings when he said that Yucé “contrived -_as principal_ ... to obtain a consecrated Host.” Further it is based -upon the circumstance already mentioned that if in any deposition of -Benito or of any other of the accused, Yucé’s slightest participation -in the affair of La Guardia had been mentioned, such a deposition--or -at least the respective extract from it--must have found a place in the -_dossier_ of his trial. And we know that no such document is present. - -Still further, we have the fact that the month prescribed by the -court for the submission of proof was allowed to expire and another -month after that, and still Guevára had no proofs to lay before their -Reverend Paternities, beyond the depositions we have already seen. -Meanwhile, Yucé continued to languish in prison. - -And here the following question suggests itself: In view of the -admission made by Yucé to the false Rabbi in Segovia, why was he not -closely and directly questioned upon that matter? and in the event -of his withholding details, why was he not put to torture as by law -prescribed? - -Instead of that direct method of procedure, he was left in complete -ignorance of his self-betrayal and of the source whence the inquisitors -had derived their knowledge of his association with the affair of La -Guardia. - -The only answer that suggests itself is that Torquemada desired the -matter to be very fully elucidated, that the net should be very fully -and carefully spread--as we shall see--so that nothing and no one -should escape. And yet this answer is hardly entirely satisfactory. - - * * * * * - -If Guevára allowed months to pass without being able to lay the -required proofs of Yucé’s guilt before the court, on the other hand -Yucé himself had been similarly unable to supply his counsel with any -proof of his innocence--as indeed was impossible in the absence of all -particulars of the charges against him. - -Thus for a season the case remains in suspense. - -Attempts to extract incriminating evidence from the other prisoners -having meanwhile failed by ordinary judicial methods, the tribunal now -has recourse to other means. Having failed to compel or induce the -prisoners into betraying one another, the inquisitors now seek to lure -them into self-betrayal. - -A well-known scheme is employed. - -Benito is moved into a chamber immediately under Yucé’s. To while away -the tedium of his imprisonment, and with a light-heartedness that is -a little startling in a man in his desperate position, Yucé sits by -his window thrumming a viol or guitar one day towards the end of March -or in early April. The instrument may have been left with him by the -gaoler who was in the plot. - -What was no doubt expected comes to pass. Yucé’s music is abruptly -interrupted by a voice from below, which asks: - -“Can you give me a needle, Jew?” - -Yucé replies that he has no needle other than a cobbler’s.[182] - -The speaker is Benito Garcia, and it is certain that spies have been -set to overhear what passes. We know that their conversation took place -through a hole in the floor contrived by the gaoler, who was acting -upon the instructions of the inquisitors.[183] - -Yucé is very circumspect in all that he says; but Benito is entirely -reckless during those first days of their intercourse. And yet, whilst -he admits that he considers himself lost already through what “that dog -of a doctor” (by which he means the Reverend Inquisitor, Dr. Villada) -extracted from him under torture in Astorga, he shows himself at other -times not without hope of regaining his freedom. - -He mentions a man named Peña, who is the Alcalde of La Guardia. -This man, he says, is interested in him, and has--or so Benito -fancies--influence at Court which he would exert on Benito’s behalf did -he but know of the latter’s position. - -At another time he vows that, if ever he gets out of prison, he will -quit Spain and take himself off to Judea. He is convinced that all this -trouble has come upon him as a punishment for having abandoned the -Law of Moses and denied the true God to embrace the religion of the -Begotten God (_Dios Parido_). - -But apart from these, there are no lamentations from him; more usually -he is sardonic in his grievances, as when he complains that all he -got in return for the money he gave for the souls in purgatory were -the fleas and lice that all but devoured him alive in the prison of -Astorga; or that all the recompense he enjoyed for having presented the -Church with a holy-water font was to be subjected to the water-torture -by “that dog of a doctor in Astorga.” - -He vows that he will die a Jew, though he should be burnt alive. He -inveighs bitterly against the inquisitors, dubbing them Antichrists, -and Torquemada the greatest Antichrist of all; and he alludes -derisively to what he terms the frauds and buffooneries of the Church. - -It was from Benito that Yucé, to his surprise, received news of his -father’s arrest and of the fact that Ça Franco lies in that same prison -of Avila. He was informed of this during their first talk, when Benito -reproved his music. - -“Don’t thrum that guitar,” Benito had said, “but take pity on your -father who is here and whom the inquisitors have promised to burn.”[184] - -In the course of another later conversation between the prisoners Yucé -asks Benito what has brought about the latter’s arrest. And when Benito -has related the happening in the inn at Astorga, Yucé questions him -on the subject of the consecrated wafer--and his questions certainly -betray the fact that the young Jew had previous knowledge of it and -generally of the affair that was afoot. He becomes so importunate in -his questions that Benito--perhaps finding them awkward to answer -without betraying the extent to which he has incriminated his -associates--sharply bids Yucé to leave the matter alone, assuring him -at the same time that he has never mentioned Yucé’s name to the -inquisitors. - -[Illustration: - - _Photo by Donald Macbeth._ - -SANBENITO OF PENITENT ADMITTED TO RECONCILIATION. - -From Limborch’s “Historia Inquisitionis.”] - -At first glance this statement appears untrue. But it is obvious that -Benito means that he has never mentioned Yucé’s name in connection with -the Host or in any other way that could incriminate him. And in this he -is truthful enough as far as he knows, for he could not suppose that -what he had said about his own offences against the Faith committed in -Yucé’s house at Tenbleque could in any way be construed against the lad -or his father. - -Passing on to other matters, they refer to a certain widow of La -Guardia, of whom Benito says that he knows her to be a Judaizer, -because she never ate anything containing lard or ham, and he has -frequently seen her eat _adafinas_ (the Jewish food prepared on the -Friday for the Sabbath) and drink _Caser_ wine.[185] - -In the _dossier_ of Yucé Franco there are no depositions of the spy -set to overhear his conversations with Benito. But it is probable -that some such depositions will be found in the record of the trial -of the latter, where they must belong, since from the frankness which -he used he incriminated himself to an extraordinary degree and Yucé -not at all. And it is not to be doubted that the inquisitors made use -of information thus obtained when they came to examine Yucé Franco on -April 9 and 10[186] and in a subsequent examination of August 1,[187] -when they drew from him a deposition which embodies all the foregoing. - -On the margin of the last of these depositions there is a note drawing -attention to what was said by Benito concerning the widow of La -Guardia, which shows that the inquisitors do not intend that this piece -of chance information shall be wasted. - -Acting no doubt upon the report of the spy, and having at last obtained -information upon which they could go to work, the inquisitors, Villada -and Lopes, accompanied by their notary, pay Yucé Franco a surprise -visit in his cell on the morning of Saturday, April 9. Having obtained -his ratification of what he has already deponed at Segovia and in this -prison of Avila, they draw from him by vague and subtle questionings -the following additions to those admissions: - -About three years ago he was told by a Hebrew physician, named Yucé -Tazarte, since deceased, that the latter had begged Benito Garcia to -obtain him a consecrated wafer, and that Benito had stolen the keys -of the church of La Guardia and so contrived to obtain a Host; that -in consequence of that theft, Benito was arrested--upon suspicion, we -suppose--two years ago last Christmas (_i.e._ 1488), and detained in -prison for two days. - -Tazarte told Yucé that the wafer was required “to make a cord with -certain knots,” which cord, together with a letter, Tazarte gave the -witness for delivery to the Rabbi Peres of Toledo, with which request -Yucé had complied. - -But beyond this, he adds, he has no knowledge of what became of the -Host, nor did Tazarte tell him; and that not only Tazarte, but also -Benito Garcia, Mosé Franco--his own brother, since deceased--and Alonso -Franco of La Guardia, were mixed up in the affair, according to what -had been related by Mosé to his wife Jamila. In this last particular he -presently corrected himself: it was not, he says upon reflection, to -Jamila that Mosé had related this, but to Yucé himself. - -It is a curious statement, and would no doubt be made in answer to -the trend of the questions set him as to what he knew of a certain -Host that had been used for purposes of magic. And there is reason to -believe that--as we shall see presently--Yucé was deliberately lying, -in the hope of putting the inquisitors off the scent of the real affair. - -But it is noteworthy that in this, as in other depositions, he is -careful to betray no Jews whom his evidence can hurt. His brother and -Tazarte are dead; Alonso and Benito Garcia are already under arrest, -and the latter has admitted to Yucé that he has already said enough to -burn him. Moreover, they are Christians--having received baptism--and -their betrayal cannot be to Yucé as serious a matter as would that of -a faithful Jew. Particularly is this emphasized by his retraction of -what he had said concerning the slight connection of his sister-in-law -Jamila with the affair, having perhaps bethought him that even so -little might incriminate her--as undoubtedly it would have done. - -The inquisitors withdraw, obviously dissatisfied, and later on -that same day they order Yucé to be brought before them in the -audience-chamber. There they recommence their questions, and they -succeed in extracting from him a considerable portion of what passed -between him and Benito in prison--matters of which, beyond all doubt, -they would be already fully informed. - -Twice on the following day, which was Sunday, was he haled before their -Reverend Paternities. At the first audience his statement of yesterday -is read over to him, and when he has ratified it he is again pressed -with stealthy questions to add a little more of what passed in those -conversations with Benito. But in the course of the second examination -on that Sunday, Yucé is at last induced or betrayed into supplying the -inquisitors with information nearer their requirements. - -He says that four years ago he was told by his brother Mosé that the -latter, with Tazarte, Alonso Franco, Juan Franco, Garcia Franco, and -Benito Garcia had obtained a consecrated wafer, and that by certain -incantations they were to contrive that the justice of the Christians -and the inquisitors should not have power to touch them. Mosé invited -him to join in the affair, but he refused to do so, having no -inclination, and being, moreover, on his way to Murcia at the time. -And he knows, from what Mosé told him, that about two years ago the -same men repeated the same enchantment with the same Host.[188] - -We do not know whether Yucé is now left in peace for a whole month, but -we cannot suppose it. And we have to explain the absence of any report -of an examination during that period by the assumption that whatever -examinations did take place were entirely fruitless and brought no -fresh particulars to light. As the _dossier_ does not anywhere contain -a single record of a fruitless examination, this assumption--although -we admit its negative character--does not seem unreasonable. - -Anyway, on May 7 it is Yucé himself who begs to be taken before the -inquisitors to tell them that he remembers having asked Mosé where he -and his associates assembled to do what they did, so that the wives -of the latter--who were Christian women--should have no knowledge of -the affair, and Mosé had answered him that they assembled in the caves -between Dosbarrios and La Guardia, on the road to Ocaña.[189] - -It is difficult to suppose such a statement to be entirely spontaneous -as following upon depositions made a month earlier. Much rather does -it appear to be the result of some fruitless questionings such as we -suggest may have taken place in the interval. Similarly we assume that -the examinations steadily continue, but another month passes before we -get the next recorded one, and this--on June 9[190]--contains a really -important admission. - -He says that _he doesn’t remember whether_ he has mentioned that some -four years ago, being ill at Tenbleque and the physician Tazarte having -come to bleed him, he overheard a conversation between his brother -and Tazarte, from which he learnt that the latter, together with the -Francos of La Guardia, had performed an enchantment with a Host and the -heart of a Christian boy, by virtue of which the inquisitors could -take no proceedings against them in any way, or, if they did, the -inquisitors themselves would die. - -His statement that he doesn’t remember whether he had mentioned a -matter of so grave a character is either a foolish attempt to simulate -guilelessness, or else, in itself, it suggests a bewildered state of -mind resulting from the multiplication of examinations in which this -matter of the heart of a Christian boy--contained, as we know, in -Guevára’s indictment--has been persistently thrust forward. - -[Illustration: THE DISTRICT OF LA GUARDIA.] - -He is asked whether he heard tell whence they procured the Host, and -where they killed the boy to obtain the heart. But he denies having -overheard anything, or having otherwise obtained any knowledge of these -particulars. - - * * * * * - -We have seen Eymeric’s prescription for visiting a prisoner and -assuring him that the inquisitors will pardon him if he makes a frank -and full confession of his crime and of all that is known to him of -the crimes of others. Although it is not positively indicated, there -is reason to suppose from what follows that this course was now being -pursued in the case of Yucé Franco. To play the part of the necessary -mediator, the inquisitors have at hand the gaoler who must have been on -friendly terms with the prisoner, having contrived for him a means of -communication with Benito at the time when the latter had occupied the -cell immediately beneath Yucé’s. That Benito no longer occupies this -cell may safely be assumed; for having served his turn, he would of -course be removed again. - -Whatever the steps that were taken to bring it about, on July 19--a -little over a year after his arrest--Yucé is brought before Villada -and Lopes,[191] at his own request, for the purpose of making certain -additions to _what he has already deponed_. - -He begins by begging their Paternities to forgive him for not having -earlier confessed all that he knew, protesting that such is now his -intention, provided that they will pass him their word assuring him -of pardon and immunity for himself and his father for all errors -committed.[192] - -It certainly seems that without previous assurance that some such -consideration was intended towards him, he would never have ventured -to prefer a request of this nature, at once incriminating--since it -admitted his possession of knowledge hitherto withheld--and impudent in -its assumption that such information would be purchased at the price he -named. - -The inquisitors benignly answered him that they agreed to do so upon -the understanding that in all he should tell them the entire truth, and -they warned him that they would soon be able more or less to perceive -whether he was telling the truth.[193] - -(This pretence of being already fully informed is the ruse counselled -by Eymeric to persuade the person under examination of the futility of -resorting to subterfuge.) - -Reassured by this answer, and deluded no doubt by the apparent promise -of pardon conditional upon a full confession, Yucé begins by offering, -as an apology for his past silence upon the matters he is about to -relate, the statement that this has been due to an oath which he swore -not to divulge anything until he should have been in prison for a year. - -Thereupon he is sworn in the Jewish manner to speak the entire truth -without fraud or evasions or concealment of anything known by him to -concern the Holy Office of the Inquisition, and he addresses himself to -the task of amplifying and rectifying what he has previously said. - -His confession is that once some three years ago he had been in a cave -situated a little way back from the road that runs from La Guardia to -Dosbarrios, on the right-hand side as you go towards the latter place, -and midway between the two villages. There were present, in addition -to himself, his father, Ça Franco, his brother Mosé, since deceased, -the physician Yucé Tazarte and one David Perejon--both deceased--Benito -Garcia, Juan de Ocaña, and the four Francos of La Guardia--Juan, -Alonso, Lope, and Garcia. - -Alonso Franco had shown him a heart, which he said had been cut out -of a Christian boy, and from its condition Yucé judged that this had -been lately done. Further, Alonso had shown him a wafer, which he said -was consecrated. This wafer and the heart Alonso enclosed together in -a wooden box which he delivered to Tazarte, and the latter took these -things apart, saying that he went to perform an enchantment so that the -inquisitors could not hurt any of them, or, if they attempted to do so, -they must themselves go mad and die within a year. - -At this point the inquisitors interpolate two questions: - -“Does he know whence the Host was obtained?” - -“Does he know whether they sacrificed any boy to procure the heart?” - -His answer to the first is in the negative--he has no knowledge. - -To the second question he replies that he remembers hearing Alonso -Franco state that he and some of his brothers crucified a Christian boy -whose heart this was. - -Resuming his statement, he says that some two years ago all the -above-mentioned assembled again between La Guardia and Tenbleque, and -that on this occasion it was agreed to send a consecrated wafer to -Mosé Abenamias of Zamora, and that such a Host was delivered to Benito -Garcia enclosed in parchment tied with red silk. This, Benito was to -take to Abenamias, together with a letter which had first been written -in Hebrew, but which--lest this should excite suspicion in the event of -the letter’s being discovered--was replaced by another one written in -Romance. - - * * * * * - -The interpretation to place upon this seems to be that, doubts having -arisen as to the efficacy of the enchantments performed by Tazarte, it -was deemed expedient to have recourse to a magician of greater repute, -and to send a consecrated wafer to Abenamias in Zamora, that he might -accomplish with it the desired sorcery. - - * * * * * - -The inquisitors press Yucé to say whether he knows if Benito did -actually deliver the wafer to Abenamias. He replies that he doesn’t -know what Benito did with it; but that he has been told by Benito [in -the course of their conversations in the prison of Avila] that he went -upon a journey to Santiago, and that in passing through Astorga he was -arrested by order of Dr. Villada, who was the provisor there at the -time. - -As for the heart, he doesn’t know what happened to it; but he believes -that it remained in the possession of Tazarte, who performed his -enchantments with it. - -Questioned as to who was the leading spirit in the affair, he replies -that Tazarte invited him together with his father and his brother Mosé, -and that they all went together to the cave, whilst he believes that -the Christians (_i.e._ Ocaña, the Francos, and Benito Garcia) and David -Perejon from La Guardia were also summoned by Tazarte. - -Finally he is asked whether Tazarte received any money for his -sorceries, and whether Benito Garcia was paid to convey the Host -to Zamora; and he answers that money was given by Alonso Franco to -Tazarte, and that Benito too would be paid for his trouble. - - * * * * * - -From a ratification on the next day (July 20) of a confession made by -the octogenarian Ça Franco, it becomes clear that immediately upon -dismissing Yucé, his father was introduced into the audience-chamber -for examination. - -The inquisitors are now possessed of the information that Ça was -present in the cave when Alonso Franco produced the heart of a -Christian child. Working upon this and upon the other details obtained -from Yucé, they would now be able, by a clever parade of these--and a -seemingly intentional reticence as to the rest--convincingly to feign -the fullest and completest knowledge of the affair. Thus does the -“Directorium” enjoin the inquisitor to conduct his examination. - -Believing that all is betrayed, and that further concealment will, -therefore, be worse than useless, Ça at last speaks out. He not only -confirms all that his son has already admitted, but he adds a great -deal more. He confesses that he himself, his two sons and the other -Jews and Christians mentioned, assembled in a cave on the right-hand -side of the road that runs from La Guardia to Dosbarrios, and he -says that some of them brought thither a Christian boy who was there -crucified upon two timbers rectangularly crossed, to which they -bound him. Before proceeding to do this, the boy was stripped by the -Christians, who whipped and otherwise vituperated him. - -He protests that he, himself, took no part in this beyond being present -and witnessing all that was done. Pressed as to what part was taken by -his son Yucé, he admits that he saw the latter give the boy a light -push or blow. - -It is to this mention of Yucé that we owe the inclusion in the present -_dossier_ of this extract from Ça’s ratification of his confession, -which reveals to us so clearly the method pursued by the tribunal. - -Ça is removed, and Yucé is forthwith brought back again. Questions -recommence, shaped now upon the further information gained, and -betraying enough of the extent of that information to compel Yucé to -amplify his admissions. - -No doubt they would question him directly upon the matter of the -crucifixion of the boy, insisting upon this--now the main charge--and -depending upon Yucé’s replies to supply them with further details than -they already possess, so as to enable them to probe still deeper. - -Unable to persist in denial in the face of so much obvious knowledge on -the part of his questioners, Yucé admits having witnessed the actual -crucifixion in the cave some three or four years ago. He says (as his -father had said) that it was the Christians who crucified the child, -and that they whipped him, struck him, spat upon him, and crowned him -with thorns. - -So far he merely confirms what is already known. But now he adds to -the sum of that knowledge. He states that Alonso Franco opened the -veins of the boy’s arms and left him to bleed for over half an hour, -gathering the blood in a cauldron and a jar; that Juan Franco drew a -Bohemian knife (_i.e._ a curved knife) and thrust it into the boy’s -side, and that Garcia Franco took out the heart and sprinkled it with -salt. - -He admits that all who were present took part in what was done, and -he is able to indicate the precise part played by each, with the -exception of his father: he doesn’t remember having seen his father do -anything beyond just standing there while all this was going on; and -Yucé reminds the inquisitors that his father is a very old man of over -eighty years of age, whose sight is so feeble that he couldn’t so much -as see clearly what was being done. - -When the child was dead, he continues, they took him down from the -cross. (They untied him, he says.) Juan Franco seized his arms, and -Garcia Franco his legs, and thus they bore him out of the cave. Yucé -didn’t see where they took him, but he heard Juan Franco and Garcia -Franco informing Tazarte that they had buried him in a ravine by the -river Escorchon. - -The heart remained in the possession of Alonso until their next meeting -in the cave, when he gave it, together with the consecrated wafer, to -Tazarte. - -“Did this,” they ask him, “take place by day or by night?” - -“By night,” he answers, “by the light of candles of white wax; and a -cloak was hung over the mouth of the cave that the light might not be -seen outside.” - -He is desired to say when precisely was this; but all that he can -answer is that he thinks it was in Lent, just before Easter, three or -four years ago. - -They ask whether he had heard any rumours of the loss of a child at -about that time in that district, and he says that he heard rumours of -a child lost in Lillo and another in La Guardia; the latter had gone to -a vineyard with his uncle, and had never been seen again. But he adds -that, in any case, the Francos came and went between La Guardia and -Murcia, and that on one of their journeys they might easily have found -a child and carried it off, because they had sardine barrels in their -carts, and some of those would be empty--by which he means that they -could have concealed the child in one of these barrels. - -Urged to give still further details, he protests that he can remember -no more at present, but promises to inform the court if he does succeed -in recalling anything else. - -He is dismissed upon that with an injunction from Dr. Villada--which -may have been backed by a promise or a threat--to reflect and to -confess all that he knows to be the business of the Holy Office -concerning himself or any others. - - - - -CHAPTER XXII - -THE TRIAL OF YUCÉ FRANCO (_Continued_) - - -It is not difficult to conjecture with what fresh energies the -court--armed with such information as it now possessed--proceeded to -re-examine the other seven prisoners accused of complicity in the crime -of La Guardia, pressing each with the particular share he was himself -alleged to have borne in the affair, and continuing to play off one -accused against another. - -It is regrettable that the records of these proceedings should not at -present be available, so that all conjecture might be dispensed with -in reconstructing step by step this extraordinary case. And it is to -be hoped that M. Fidel Fita’s expectations that these records will -ultimately be brought to light may come to be realized. - - * * * * * - -A week later, on July 28, Yucé is again brought into the -audience-chamber for further examination. But he has nothing more to -add on the subject of the actual crime. All that he has contrived to -remember in the interval are scraps of conversation that took place -when the culprits assembled--on that later occasion--for the purpose of -sending the consecrated wafer to Abenamias. Nevertheless, what he says -is, from the point of view of the inquisitors, as damaging to those -who uttered the things which he repeats as their actual participation -in the crucifixion of the boy, and it is hardly less damaging to Yucé -himself, since it shows him to have been a _fautor_, or abettor of -heretics--a circumstance which he may very well entirely have failed -to appreciate. - -He depones that Alonso Franco had said that the letter they were -dispatching to Abenamias was better than the letters and bulls [of -indulgence] that came from Rome and were offered for sale. Ocaña agreed -by launching an imprecation upon all who should spend money on such -bulls, denouncing such things as sheer humbug (_todo es burla_), and -protesting that there is no saviour other than God. But Garcia Franco -reproved him with the reminder that it was good policy to buy one now -and then, as it gave them the appearance of being good Catholics. - -On this same subject of appearances, Alonso grumbled at the trouble to -which they were put by the fact of their being married to Old-Christian -women who would not even permit the circumcision of their children. - - * * * * * - -Three days later Yucé has remembered that it was Benito who crowned the -child with thorns. He is again questioned as to what he knows about the -boy, and he admits having heard Tazarte say that the child was obtained -“from a place whence it would never be missed.” - -They press him further on the subject, but he can only repeat what he -has already said--that as the Francos travel a great deal with their -carts, they may have found the boy on one of their journeys. - -As no more is to be extracted from him on the subject, they now -change the line of examination, and seek information concerning other -Judaizing practices of the Francos of La Guardia, asking Yucé what he -knows upon this matter. - -He answers that about six years ago the Francos, to his own knowledge, -kept the Feast of the Tabernacles and gave the beggar Perejon money to -buy a trumpet which was to be sounded on the seventh day of the feast, -as is proper. He knows, further, that they sit down to meat prepared -in the Jewish manner, over which they utter Jewish prayers--the -_Beraká_ and the _Hamoçi_--and that they are believed to have kept -the great fast and to give money for the purchase of oil for the -synagogue.[194] - -Asked further to explain the oath of secrecy which he says was imposed -upon him and to which he has said that his past silence has been -due, he states that all were solemnly sworn by Tazarte that under no -circumstances would they utter a word of what was done in the cave -between Dosbarrios and La Guardia until they should have been one year -in the prison of the Inquisition, and that even should the torture -betray them into infidelity to their oath, they must refuse to ratify -afterwards, and deny what they might have divulged. - - * * * * * - -M. Isidore Loeb clung so tenaciously to the theory that the affair of -the “Santo Niño” was trumped up by Torquemada that he would not permit -his convictions to be shaken by the revelations contained in these -records of Yucé’s trial when they came to light. He fastens upon this -statement of Yucé’s and denounces such an oath as a flagrant absurdity, -concluding thence that here, as elsewhere, Yucé is lying.[195] - -M. Loeb’s criticisms of this _dossier_ are worthy of too much attention -to be lightly passed over, and we shall return presently to the -consideration of them. - -In the meanwhile we may permit ourselves a digression here to consider -just this point upon which he bases so much argument for the purpose of -proving false the rest of the story. - -If we were to agree with M. Loeb that Yucé is lying in this instance, -that would still prove nothing as to the rest--and it would be very -far from proving that Torquemada is the inventor of the whole affair. -Assuming that this tale of an oath of silence to endure for one year -after arrest is a falsehood, it may very well be urged that it is -employed by Yucé in the hope that it will excuse his having hitherto -withheld information and that it will induce the inquisitors to deal -leniently with him for that same silence. Let it be observed that he -prefaces his confession with that excuse at the time of asking the -inquisitors to give him an undertaking that they will pardon him if he -divulges all that he knows. - -But is he really lying? - -It seems to us that in arriving at this conclusion, M. Loeb has either -overlooked or else not sufficiently weighed the following statement in -Yucé’s confession: “_Yucé Tazarte ... went to perform an enchantment so -that the inquisitors could not hurt any of them, or if they attempted -to do so they must, themselves, go mad and die_ within a year.” This -means, of course, within a year of attempting to hurt any of them, -which again means _within a year of the arrest of any of them_. - -Now, the fact of our not believing to-day in the efficacy of Tazarte’s -incantations and in the power of his magic spells with the heart and -the Host to accomplish the things he promised, is no reason to suppose -that Tazarte himself was not firmly persuaded that his enchantments -would take effect. Indeed, he and his associates must firmly have -believed it, or they would never have gone the length of imperilling -their lives in so dangerous a business. - -Tazarte’s belief was that these sorceries would invest them all with -an immunity from inquisitorial persecution, and that should any -inquisitors attempt to violate that immunity, such inquisitors must go -mad and die within a year of arresting any of Tazarte’s associates. -Therefore in the event of arrest, all that would be necessary to -procure ultimate deliverance would be stubbornly to withhold from the -inquisitors all information on the subject of this enchantment until -the period within which it was to work should have expired. - -When this is sufficiently considered, it seems to us that such an -oath as Yucé says was imposed by Tazarte becomes not only likely but -absolutely inevitable. Some such oath must have been imposed to ensure -the efficacy of the enchantment in the event of the arrest of any of -them. - -It is difficult to think that Tazarte was a mere charlatan performing -this business with his tongue in his cheek for the sake of the money he -could extract from his dupes; difficult, because he was dealing with -comparatively poor people, from whom the remuneration to be obtained -would be out of all proportion to the risk incurred. But even if we -proceed upon that assumption, are we not to conclude that, being a -deliberate charlatan, Tazarte would be at great pains to appear sincere -and to impose an oath which he must have imposed if he were sincere? - - * * * * * - -It is rather singular and it seems to ask some explanation, which it -is not in our power to afford, that not until now do the inquisitors -make any use of that grave admission of Yucé’s to the supposed Rabbi -Abraham in Segovia. It is true that it was extremely vague, but in Ça’s -admissions of July 19--if not before--they had obtained the connecting -link required. - -But not until September 16, when they pay Yucé a visit in his cell, do -they touch upon the matter. They then ask him whether he recollects -having talked when under arrest in Segovia, upon matters concerning the -Inquisition, and with whom. - -His answer certainly seems to show that even now he has no suspicion -that the “Rabbi Abraham” was an emissary of the Holy Office. He says -that being sick in prison and believing that he was about to die, he -asked the physician who tended him to beg the inquisitors to allow him -to be visited by a Jew to pray with him, and his further admissions as -to what passed between himself and the “Rabbi” entirely corroborate -the depositions of Frey Alonso Enriquez and the physician Antonio de -Avila. - -The inquisitors ask him to explain the three Hebrew words he used on -that occasion: _mita_, _nahar_, and _Otohays_. He replies that they -referred to the crucifixion of the boy, as related by him in his -confession.[196] - -At this stage it would almost seem to transpire that Benito’s -admissions under torture at Astorga, when, as he has said, he admitted -enough to burn him, must have been confined to matters concerning the -Host found upon him, and that until now he has said nothing about the -crucifixion of the boy. - -This assumption is one that deepens the mysterious parts of the affair -rather than elucidates them, for it leaves us without the faintest -indication of how the Fiscal Guevára was able to incorporate in his -indictment nine months ago the particulars of “enchantments with the -said Host and heart of a Christian boy.” - -From what Benito has said to Yucé in prison we might be justified in -supposing that the former is the delator; but in view of the turn now -taken by the proceedings this supposition seems to become untenable. It -is of course possible that the particulars in question may have been -wrung out of one of the other prisoners, or it is possible that Benito -himself may have confessed and afterwards refused to ratify. But beyond -indicating these possibilities we cannot go. - -The fact remains that on September 24 the inquisitors found it -necessary to put Benito Garcia to torture that they might obtain his -evidence relating to the crucifixion. - -And on the rack he confesses that he and Yucé Franco and the others -crucified a boy in one of the caves on the road to Villapalomas on a -cross made of a beam and the axle of a cart lashed together with a rope -of hemp; that first they tied the boy to the cross and then nailed his -hands and feet to it; and that as the boy was screaming they strangled -or stifled him (_lo ahogaron_); that all was done at night, by the -light of a candle which Benito himself had procured from Santa Maria de -la Pera; that the mouth of the cave was covered with a cloak, so that -the light should not be seen outside; that the boy was whipped with a -strap and crowned with thorns--all in mockery and vituperation of our -Lord Jesus Christ; and that they took the body away and buried it in a -vineyard near Santa Maria de la Pera.[197] - -There are some slight discrepancies between the details of the affair -afforded by Benito and those given by Yucé. The latter has not -mentioned that the child’s hands and feet were nailed to the cross; -according to him they were merely tied. Nor has he said that the boy -was strangled; his statement seems to be that the child was bled to -death, as a consequence of opening the veins of his arms--a matter -which Benito does not mention. But on the score of the strangling, it -is possible that by the word employed--_ahogaron_--Benito merely means -that the boy’s cries were stifled, a detail which would be confirmed by -Yucé’s statement that the child was gagged. - - * * * * * - -The prisoners are evidently permitted to learn that Benito has been -tortured. Very possibly they are given the information to the end that -it may strike terror into them and so induce them to betray themselves -without more ado. But it does not seem that they are very greatly -frightened by the prospect of having to undergo the same suffering, if -we are to judge by Garcia Franco. This prisoner is permitted on the -following day (which is Sunday), by contrivance of the Holy Office, to -get into communication with Yucé. In the course of their conversation -Garcia strongly urges a policy of denial under torture, should they be -subjected to it,[198] from which it seems plain that he has no notion -of the extent to which Yucé’s tongue has been loosened already. - -On the following Wednesday it is Juan Franco’s turn to be put to the -torture. - -Under it he gives a general confirmation of what has already been -extracted from the others. He confesses that he and Yucé Franco and -the other Christians and Jews crucified a boy in the cave of Carre -Ocaña, which is on the right going from La Guardia to Ocaña; that -they crucified him on a cross made of two beams of olive-wood lashed -together by a rope of hemp; that they whipped him with a rope; and that -Yucé was present when the deponent himself cut out the boy’s heart--as -is more fully contained in the deponent’s confession (of which, again, -this is no more than an extract relating to Yucé’s share in the crime). -He states that an enchantment was performed with the heart, so that the -Inquisition might not proceed against them. - -This confession was duly ratified upon the morrow.[199] - -On the Friday of the same week they torture Juan de Ocaña and extract -from him a confession that is, in the main, in agreement with those -already obtained. He relates how he and the others crucified a boy in -the caves of Carre Ocaña; that they whipped him with ropes when he -was crucified; that they cut out his heart and caught his blood in a -cauldron; that it was night and that they had a light; and that when -they took the body down they buried it near Santa Maria de la Pera, as -fully set forth in his confession.[200] - -As a consequence of his having in the course of this confession spoken -of the Host that was sent to Zamora for delivery to Abenamias, Ocaña is -questioned again--on October 11--touching this particular. He is asked -how he knows that this was done. He replies that he heard Alonso Franco -and the Jews--_i.e._ Ça Franco and his sons (Yucé and Mosé), Tazarte -and Perejon--say that such was the intention, but he doesn’t know -whether the Host was actually delivered or otherwise disposed of. - -The persistence with which this apparently trivial question -arises--particularly when it is remembered that the inquisitors were, -themselves, in possession of the Host found upon Benito at the time -of his arrest--leads us to suppose that they were probing to discover -whether this consecrated wafer was the identical one dispatched upon -the occasion to which the confessions refer. Considering the lapse of -time between the dispatch of that wafer and Benito’s arrest, they may -reasonably have been concluding that the Host found upon the latter -relates to some similar, later affair. Such an impression is confirmed -by the fact that no letter--such as was addressed to Abenamias--had -been discovered upon Benito. - -The question again crops up in an examination to which Yucé is -submitted on that same day. - -“Did any of the Jews or Christians,” he is asked, “go to Zamora to -Abenamias in this matter?” - -He answers precisely as he has answered before: that he doesn’t know -what became of the Host beyond the fact that he saw them dispatching it -together with a letter to the said Abenamias, as deponed, and that all -were present when this took place. - -They seek to learn who was the instigator of the affair, but Yucé -cannot answer with certainty on that point. What he knows he tells -them--that Tazarte meeting him when he was on his way to Murcia, the -physician asked him would he join in a matter to be performed with a -consecrated wafer to ensure that the Inquisition could not harm the -Christians in question. Before they met to crucify the boy, Tazarte -told the deponent and his brother Mosé that he had arranged for it; and -although Yucé protests that he had no inclination to have anything to -do with the affair, he and his brother allowed themselves in the end to -be persuaded to be present, and they went with Tazarte that same night -to the cave. There they were joined by the Christians, who brought the -child with them. - - * * * * * - -So far, it will be seen, the evidence collected from Yucé’s -fellow-prisoners, whilst admitting that he had been present in the cave -when the boy was crucified--an admission in itself grave enough and -quite sufficient to procure his being abandoned to the secular arm--did -not charge him with any active participation in the proceedings. In his -own depositions Yucé had insisted that he and his father had been no -more than spectators and that they had gone to the cave more or less in -ignorance, as if hardly understanding what they were to witness. - -Moreover before relating the happenings in that cave of Carre Ocaña, -Yucé had made a sort of bargain with the inquisitors that his -confession should not be used against himself or his father. And it -is noteworthy that the other Jews whom he incriminated were all dead, -and that he suppressed the name of the only surviving Jew--Hernando -de Ribera--who had taken part in the affair. Of betraying the -New-Christians he would, as we have already said, have less concern, as -these by their apostasy must have become more or less contemptible in -the sight of a faithful Jew. - -Whether the inquisitors conceived that in view of his passivity in the -matter, combined with the promise they had made him before obtaining -his confession, they were not justified in proceeding to extremes with -him, we do not know. It is difficult to suppose any such hesitation on -their part. Whatever their object, it is fairly clear that they did not -account themselves satisfied yet, and for the purpose of probing this -matter to the very bottom they now adopted a fresh method of procedure -which appears particularly to aim at the further incrimination of Yucé. - -Just as the court was in the habit of suppressing evidence entirely or -in part, or the names of witnesses, when this course best served its -purposes, so, when the depositions were obtained from co-accused, there -must obviously come a moment when the publication of the evidence and -of the witnesses by confrontation must further the aims of the tribunal. - -The anger aroused in each prisoner by the discovery that his betrayer -is one of his associates must spur him to reprisals, and drive him to -admit anything he may hitherto have concealed. There is, of course, the -danger that he may be urged to embark upon inventions to damage in his -turn the man who has destroyed him. But inquisitorial justice was not -deterred by any such consideration. Pegna--as we have seen--tells us -plainly enough that the point of view of the Holy Office was that it -was better that an innocent man should perish than that a guilty one -should escape. - -In pursuit of this policy, then, Benito Garcia is brought before the -inquisitors on October 12, and he is asked whether in the matter of the -crucifixion and the Host he will repeat in the presence of any of the -participators in the crime what he has already deponed. He replies in -the affirmative. Thereupon he is taken out. Yucé Franco is introduced -and asked the same question with the same result. Benito is brought in -again, and, the two being confronted, each repeats in the presence of -the other the confession he has already made. - -They are now asked whether they will repeat these statements once more, -in the presence of Juan de Ocaña, and they announce themselves ready -to do so. They are removed. Ocaña is introduced, and having similarly -obtained his agreement to repeat before others whom he has accused of -complicity what he has already confessed, the inquisitors order the -other two to be brought back. - -The notary records that they actually manifest pleasure at seeing one -another. - -Ocaña now repeats his confession, and Yucé and Benito again go over -theirs. The three agree one with the other, and it is now further -elicited that it was six months after the crucifixion, more or less, -when they assembled between Tenbleque and La Guardia to give Benito the -letter and the Host which he was to convey to Abenamias in Zamora. - - * * * * * - -On October 17 there is another confrontation--of Juan Franco with Ça -and Yucé Franco. In this each repeats what he has already confessed, -which we now learn for the first time. Juan Franco admits that it was -he himself who opened the boy’s side and took out his heart, and in -this as in other particulars the depositions agree one with another. - -Juan Franco goes on to say that they next met in the cave some time -after the crucifixion, and that his brother Alonso brought the heart -and the Host in a box which he gave to Tazarte, who withdrew with them -to a corner of the cave to carry out his enchantments. Later on they -assembled between Tenbleque and La Guardia--at a place which, according -to this witness, was called Sorrostros--and gave Benito a letter to -take to Zamora, this letter being tied with a coloured thread. - -So far he is completely in accord with the other deponents; but now -there occurs a startling discrepancy. He says that at this last meeting -(which, we are told, took place some six months after the crucifixion), -in addition to the consecrated wafer and the letter for Abenamias, they -also gave Benito the heart to take to Zamora. - -Now all the other depositions lead us to suppose that the heart and -the first wafer were employed--presumably consumed in some way--by -Tazarte in the enchantment performed at the first meeting after the -crucifixion, and that as doubts afterwards arose touching the efficacy -of the spells performed by the physician, another Host was obtained -some six months later, which they forwarded to Zamora. - -Is the explanation the simple one that Juan Franco is mistaken on -the subject of the heart? It seems possible, because he adds that -he did not actually see the Host (on this particular occasion), but -that he understood that it was given to Benito. Similarly he may -have understood--erroneously taking it for granted--that the heart -accompanied it. - - * * * * * - -And now you may see the confrontation bearing fruit, and yielding -the results which we must suppose are sought by the inquisitors--the -further incrimination of Yucé Franco. - -Juan de Ocaña is examined again on October 20 and questioned as to -Yucé’s participation in the crime. He now adds to his former confession -that Yucé and the others used great vituperations to the child, -which vituperations were really aimed at Jesus Christ; he cites the -expressions, and in the main they are those we have already quoted from -the Testimonio[201]; these, he says, were used by Ça Franco and his -two sons. He says that they all whipped the boy, and that it was Yucé -himself who drew blood from the arms of the victim with a knife. - -“Whence was the child?” they ask him. - -He replies that it was the dead Jew Mosé Franco who had brought the -boy from Quintanar to Tenbleque on a donkey, and that, according to -Mosé’s story, he was the son of Alonso Martin of Quintanar.[202] From -Tenbleque several of them, amongst whom were Yucé and his father, -brought him on the donkey to the cave where he was crucified, and it -was Yucé who went to summon the brothers Franco of La Guardia, Benito -Garcia, and the witness himself. - -So that from having been a more or less passive spectator of the -scene, Yucé is suddenly--by what we are justified in accounting the -vindictiveness of Ocaña--thrust into the position of one of the chief -actors, indeed, almost one of the instigators of the crime. - -On the same day Benito Garcia is re-examined. His former depositions -are read over to him, and he is asked if he has anything to add to -them. He has to add, he finds, that Yucé--whom he has hardly mentioned -hitherto--had whipped and struck the boy, and that he was an active -participant in all that was done, his avowed aim being the destruction -of Christianity, which he spoke of as buffoonery and idolatry. - -On the morrow Ocaña is brought back to ratify his statements of -yesterday. He is asked if he has anything to add that concerns the -participation of Yucé, and his answer is so very much in the terms of -the latest additions made by Benito that one is left wondering whether, -departing from their usual custom, the inquisitors put their questions -in a precise and definite form--founded upon what Benito has said--and -obtained affirmative replies from Ocaña. For Ocaña, too, remembers that -Yucé said that Christianity was all buffoonery and that Christians were -idolaters. - - - - -CHAPTER XXIII - -THE TRIAL OF YUCÉ FRANCO--(_Concluded_) - - -It might now be said that, thanks to the patient efforts which the -inquisitors themselves have been exerting for close upon a year, the -prosecutor is at last furnished with the evidence necessary to support -his original charge against Yucé Franco. - -To this end he appears before the court on that same October 21, 1491, -to present in proof of his denunciation the entire _dossier_, as taken -down by the notary of the tribunal. He begs that Yucé be brought into -the audience-chamber to hear the additions which he has to make to the -original charge. These additions are the matters lately extracted from -Ocaña and Benito Garcia: that Yucé used vituperative words to the child -when he was being crucified, and that these vituperations were really -aimed at our Lord Jesus Christ and His Holy Catholic Faith; that he -struck the boy many times, and that he drew blood from the boy’s arm -with a penknife. Wherefore, he begs the inquisitors to abandon the -prisoner to the secular arm, as is right and proper.[203] - -He does not, however, add that Yucé’s brother had procured the child, -and that Yucé was one of those who brought him to the cave and who -summoned the Francos to attend--an omission which shows the credit -attached to Ocaña’s statement and its lack of corroboration. - -Yucé’s answer is a denial of all that is alleged and added by the -Fiscal, the lad protesting that he never did or said anything beyond -what he has, himself, confessed. - -Guevára, thereupon, petitions the court to permit him to submit his -proofs of the matters of which he accuses the prisoner, and the court -having accorded him this petition, he puts in as evidence the entire -_dossier_ from which we have drawn these pages on the subject.[204] - -Five days later both parties are again before the court, Guevára now -petitioning their Reverend Paternities to pass to the publication of -witnesses, that the trial may be brought to its conclusion. Dr. Villada -announces his readiness to do so, but accords the defendants three days -within which to lodge any objection to any of the matter contained in -the depositions. - -Yucé begs through his advocate that copies be given him of all the -depositions of those who were present at the crucifixion, with the name -of each hostile witness and a statement of the day, month, year, and -place in which anything alleged against him is said to have taken place. - -But Guevára immediately objects, urging that in the copies of the -depositions to be given defendant, no names shall appear of any of the -witnesses who had deponed, and no circumstances shall be included which -might enable Yucé to conjecture the names. It seems a purely formal -objection; for after the confrontations there have been it appears to -serve very little purpose. But some purpose it does serve, because -those confrontations after all were limited to Ocaña and Benito, and -from the moment that it was not considered necessary to proceed to -confrontation with any of the other prisoners it would seem that they -had needed no such spur to drive them into depositions hostile to Yucé. - -However, the reverend inquisitor replies loftily enough that he will -do what justice demands, and he orders the notary to deliver to Yucé -copies of all the depositions against him. But from Yucé’s advocate’s -plea on October 29--upon the expiry of the three days appointed--it is -plain that the particulars claimed have been withheld. - -From the fact that the advocate Sanç has drawn up so strong an -objection on behalf of his client, it is perfectly clear that even at -this date Yucé’s guilt of heresy cannot be considered as established. -If that were the case, Sanç, in obedience to the oath imposed upon him -when entrusted with the defence, would have been compelled to lay down -his brief and withdraw. - -Yucé denies all the allegations against him which charge him with -having taken any active part in the crucifixion of the boy, and he -protests that he is unable properly to defend himself because the -copies of the depositions supplied him do not mention time or place -of the alleged offences nor yet the names of the witnesses by whom -these allegations are made. Upon the assumption, however, that these -deponents are Benito Garcia, Juan Franco, and Juan de Ocaña, he -proceeds to answer the charges as best he can. - -This answer consists of a repudiation of those depositions as -inadmissible upon the grounds that they do not agree one with another, -and that each refers to a separate circumstance, no two confirming any -one particular accusation, and all being contrary to what the same -witnesses had stated in confrontation with the defendant, when each had -acknowledged that Yucé’s relation of the events was the true one. Hence -it is established that on one or the other of these occasions they must -have lied, from which it follows that they are perjured and unworthy of -faith. - -Further, he claims that they may not be admitted as witnesses because -they were, themselves, participators in the crime committed. Finally, -he declares that their implication of himself is an act of spite and -vengeance upon him. It is his full and faithful confession which has -placed the inquisitors in possession of the facts of the case and the -names of the offenders, and the latter are determined that since they -themselves must die, Yucé shall die with them--out of which malice and -enmity they have accused him. - -Upon these grounds, and insisting that he has told them the utter and -complete truth, and that he himself was no more than a witness of the -events, and in no way a participator, Yucé bases his defence, and begs -that the depositions should cease to weigh against him.[205] - -Guevára’s answer, if it inclines to the grotesque, is quite typical, -and is certainly more to the taste of the court. - -He denies that the witnesses are inspired by any such animosity as Yucé -suggests, and he asserts that they have deponed “with devout zeal of -faith, and to deliver their souls from peril.” And amongst these, be it -remembered, was Benito Garcia, who conceived that the worst thing he -had ever done in his life had been to get himself baptized a Christian, -and who continued firm in his resolve to die a Jew at all costs. Only -at the very stake itself--as we shall see--did he recant again, that he -might earn the mercy of strangulation. Yet Guevára does not hesitate -to say--what he must know to be untrue--that these men have confessed -“with devout zeal of faith.” - -On these grounds Guevára urges that the depositions must be admitted -as made in good faith and as proof; and since the said Yucé Franco -would not spontaneously confess all that he had done, their Reverend -Paternities should put him to the question of torture, as by law -prescribed in such circumstances as the present.[206] - -The court agrees with its Fiscal and proceeds to draw up a list of -fifteen questions to be put to the accused.[207] - -With this list the inquisitors Villada and Santo Domingo, accompanied -by their notary, go down into the prisons of the Inquisition on -November 2, and order Yucé Franco to be brought before them. - -“Very lovingly and humanely” they admonish him to tell the whole truth -of the things known to him that are the business of the Holy Office, -and particularly in answer to the questions they have prepared. These -questions being summed up amount to the following: Whence was the child -that was crucified? Whose child was it? Who brought it to the cave? Who -first set on foot this affair? - -They promise him that if he makes truthful answer they will use him as -mercifully as the law and their consciences permit. - -Yucé has cause to mistrust any such promises. His first confession -was made three months ago under a promise of pardon, and he has every -reason to suppose that it has been the ruin of him. - -He says, however, that being in the cave on the occasion when they -foregathered there for the enchantment--about fourteen days after the -crucifixion--he heard Tazarte inquire whence was the child, and Juan -Franco replied before all that it was from a place whence it would -never be missed, “as stated in his confession.” - -(When last asked this question--at the time of making his -confession--he had attributed these words to Tazarte.) - -He protests that he can remember no more than he has already confessed. - -Their Reverend Paternities deplore his stubbornness. They tell him that -since he will not speak the entire truth of what he knows--as they -have proof--they must proceed to other measures. They summon Diego -Martin, the torturer, and into his hands they deliver the prisoner, -with orders to take him to the torture-chamber, strip him naked, and -bind him to the _escalera_--intending, if necessary, to proceed to the -water-torture. - -This is done, and Yucé is stretched naked and cruelly bound with ropes -that bite into his flesh as a foretaste of the _garrote_ by which his -torments will commence. The inquisitors enter--possibly after a delay -sufficient to allow the mental torture of anticipation to terrorize the -patient into a more amenable frame of mind. - -Again they admonish him for his own sake to speak what he knows, and -they even point out to him that it is his duty as a God-fearing Jew -to speak the truth. Again they promise to deal mercifully with him if -he will answer their questions fully and truthfully; and lastly they -protest that if his blood is shed in the course of what is to follow, -or should he suffer any other harm, or mutilation of limb, or even -death, the blame must fall entirely upon himself and nowise upon their -reverences. - -Fully intimidated by this skilful accumulation of terrorizing agents, -Yucé implores them to repeat their questions, which he will do his best -to answer. - -“Whence,” they ask him again, “was the boy who was crucified at La -Guardia?” - -“Juan Franco,” he replies, “brought him from Toledo.” He adds that Juan -Franco announced this before them all, and told them that he had kept -the child concealed in La Hos de La Guardia for a day before bringing -him to the cave to be crucified. - -[Illustration: - - _Photo by Donald Macbeth._ - -SANBENITO OF PENITENT RELAPSED. - -From Limborch’s ‘Historia Inquisitionis.’] - -What is not to be explained is why Yucé should have waited until he was -strapped to the _escalera_ before making this statement. Why did he not -make it when the question was asked him at his last examination--if -not in his original confession? It cannot be pretended that he was -endeavouring to screen Juan Franco, because he has very amply betrayed -him in other ways. Is the explanation that under fear of torture he -felt the need to invent an answer likely to satisfy the inquisitors? -It can hardly be that, because Juan Franco himself is to admit--as we -shall see--the truth of this detail. It only remains to be supposed -that the lively fear of torture had sharpened the young Jew’s memory. -But that again seems hardly satisfactory as an explanation. - -“Where,” they ask him next, “is La Hos?” - -“It is,” he replies, “a meadow by the River Algodor,” and he goes on to -explain that Juan Franco had told them all that he had taken a load of -wheat to Toledo to sell, and that, having sold it, he went to an inn, -and later on he found the boy in a doorway and coaxed him away with -_nuégados_ (a sweetmeat composed of flour, honey, and nuts--nougat). -Thus he got him into his cart and brought him to La Guardia. - -Yucé doesn’t know who were the child’s parents, nor in what street of -Toledo he was taken by Juan Franco, as the latter did not mention those -particulars. - -“Who were the first to propose the affair? Did the Jews engage the -Christians in it, or the Christians engage the Jews?” - -He answers that the Francos of La Guardia, fearing the Inquisition, -performed an enchantment in the first instance with a consecrated -wafer, as he has already confessed (October 11), and then repaired to -Tazarte asking him to do something more efficacious, as the sorcery -with the wafer had had no result. Tazarte agreed, and bade them procure -a Christian boy for the purpose. When Juan Franco brought him, it -was decided to cut out his heart, that with this heart and a wafer a -stronger enchantment might be performed. - -“Why was he done to death by crucifixion rather than in any other way?” - -Yucé believes that the crucifixion was preferred in vituperation of -Jesus Christ. But again he protests that his own share was no more than -he has confessed already. - -“What were the particular vituperations used to the child, and by whom?” - -His answer to this question incriminates all those who were present -at the affair; the vituperations which he tells the inquisitors were -employed were rather indecent, and include a scurrilous version of the -Incarnation which would, no doubt, be current at the time among Jews -and other enemies of Christianity in Spain and elsewhere--a story, it -is needless to add, entirely idle and foolish, and rather the obvious -thing to be conceived in those days against any historical character -who might be detested. - -He says that Tazarte was the leader in all the vituperations (which -sounds likely enough, as Tazarte was the celebrant), that the others -uttered them after him, and he admits that he himself said some of the -things which he has mentioned, but he doesn’t enter into particulars. - -“For what purpose were the heart and the Host required, and what good -purpose was expected to be served by these sorceries?” - -He replies that these things were done to the end that the inquisitors -or any others who should aim at molesting these Christians concerned -should die of rabies. - -“What advantage did the Jews look to gain?” - -He states that Tazarte had assured them that as a consequence of the -enchantment all Christians in the land must either perish or become -Jews, so that the Law of Moses should triumph and prevail. - -“To whom were the heart and the Host to be delivered for the said -enchantment?” - -“To Mosé Abenamias at Zamora.” - -“Was Abenamias himself to perform the enchantment?” - -“No; he was to give orders for its performance to a wizard of Zamora.” - -“Does he, or do any of the others, know the said wizard, and what is -his name?” - -He cannot answer the question, beyond telling them that he had heard -Tazarte say that he knew Abenamias and the wizard, and that he had been -to school with the latter. - -“How many times did they assemble to decide upon the crucifixion?” - -He knows that all (with the exception of himself) assembled in the same -cave to perform an enchantment with a Host on an occasion previous to -that of the boy’s crucifixion. He knows this because he was invited to -the gathering; he did not wish to go, and so stayed away, but he was -told afterwards by the others what had been done. - -“What Christians does he know to have kept the Sabbath, the Passover, -and to have performed Jewish rites?” - -He says that Benito once came to their house at Tenbleque and spent -a Sabbath with them, doing no work, eating _adafinas_ and drinking -_Caser_ wine; and that he came upon another occasion and asked them -when was the fast of _Tisabeaf_ (the eve of Purim), and that he -believes that, being informed of this, he kept that fast. - -He can remember no others, excepting one Diego de Ayllon and three of -his daughters and a son, all of whom kept the Sabbath and observed -the law of Moses in secret; and the widow of one Juan de Origuela, -deceased, who sometimes kept Jewish fasts; and Juan Vermejo of -Tenbleque, whom he knows once to have kept the great fast. - -These names are duly noted on the margin of the notary’s document as -matters of importance which need inquiring into. - -“Whence was the wafer procured, and how does he know that it was -consecrated?” - -He answers that when they assembled, a fortnight after the crucifixion, -he heard Alonso Franco say that he had taken it from the monstrance in -the Church of Romeral, replacing it by an unconsecrated wafer. - -“Was this the wafer given to Tazarte with the heart?” - -He believes so, but he is not sure, nor does he know what became of it. - -“Who brought the other wafer given to Benito, and whence was it -obtained?” - -Alonso brought it, and said that he had obtained it in the church of La -Guardia, and that it was consecrated. But Yucé doesn’t know if anyone -gave it to him.[208] - -This confession Yucé ratified two days later, adding now that Juan -and Garcia Franco together had brought the boy, and that one had -remained at La Hos with him whilst the other had come to La Guardia. -Further, he adds that the letter to Abenamias at Zamora bore six -signatures--Tazarte’s, Alonso Franco’s, Benito Garcia’s, Yucé Franco’s -own, his brother’s, and one other which he can’t recall.[209] - -We have already indicated that a mystery attaches to this letter. What -has become of it? We are told that Benito bore it together with the -Host. How does it happen that it was not taken together with the Host -when he was arrested at the inn at Astorga? Possibly it was. But in -that case, and since it bore Yucé’s signature, why is it not included -in the _dossier_, and why can we find no trace of any use having been -made of it by the inquisitors? The only plausible explanation--and -it may be forthcoming when the _dossiers_ of the other accused are -discovered--is that the Host found upon Benito Garcia was not the one -sent with the letter by his hand some time in 1487 or 1488. - -On November 3 the octogenarian Ça is examined in the torture-chamber, -strapped, as was his son, to the _escalera_. But the mere fear of -torture is not sufficient to loosen the tongue of this aged Jew. He -resists their questions, and will add nothing to what he has confessed, -until the executioner has submitted him to that frightful torment and -given him one jar of water. He then affords them, at last, the further -information they require, telling them the precise vituperations that -were addressed to the crucified boy, and admitting that this was done -in mockery of the Passion of Jesus Christ. He says that Tazarte uttered -the insults, and that the others--first the Jews, and after them the -Christians--repeated them. Further, he confesses that the child was -crucified and the sorceries performed that the inquisitors and all -Christians should enrage and die.[210] - -On the same day Juan Franco was tied to the _escalera_, beyond which -it was not necessary to proceed with him, for he there satisfied the -inquisitors by confessing to the vituperations employed against the -crucified boy.[211] - -On the 4th further confirmation of this is obtained from Juan de Ocaña, -who confesses to the vituperations, and says that they were first -uttered by the Jews, who then compelled the Christians to repeat them. -He does not remember the terms used, nor would he ever have known them -but for the Jews.[212] - -Benito is next examined, and warned by the inquisitors to answer -truthfully, as the truth is already fully known to them. He admits that -many vituperations were used; he cites them, and in the main they agree -with what has already been deponed. - -“Who,” he is asked, “were the first to utter these things?” - -He replies that Ça Franco, his sons, and Tazarte (_i.e._ the Jews) -were the first, and that he and the other Christians repeated them -afterwards. - -Lastly, on November 5, Alonso Franco affords the fullest confirmation -to all this that has been confessed by the other accused.[213] - -The trial is now rapidly drawing to a close. On the 7th Yucé is again -before the court, and--sinister feature--this time he comes alone. -His counsel has vanished, in acknowledgment of the fact that it is no -longer tenable with his duty to God that he should continue to defend -one of whose “heresy” he is himself convinced. Yucé himself, in view -of this, must realize that he is lost, and must abandon his last shred -of hope. - -Guevára, the prosecutor, is there, and Dr. Villada announces that -additional proof is now before the court. He orders copies of the -latest depositions, obtained in the torture-chamber, to be delivered -to the defendant, and he accords the latter three days within which he -must lodge any objection to anything contained in them. - -But Yucé does not require so long. He realizes that all is lost, and -he forthwith confesses that what has been deponed by the witnesses -against him concerning the vituperations he used is true with certain -exceptions, and these were the most blasphemous and insulting. - -Upon that the fiscal Guevára formally petitions the court to pass -sentence. The inquisitor Santo Domingo declares the trial to be at an -end, and dismisses both parties, requiring them to come before the -court again in three days’ time to hear the sentence.[214] - -Yet, before proceeding to this, on the 14th day of that month of -November, the inquisitors ordered all the prisoners (with the exception -of Juan Franco) to be introduced together into the audience-chamber. -There, in the presence of his co-accused, each was bidden to recite -what he had already confessed, this being done with the aim of -obtaining a greater unanimity upon details. - -Last of all, Juan Franco is brought in, and he now admits that it is -true that he brought the boy from Toledo, that they had crucified -him as he has confessed, that he himself had opened the boy’s side -and taken out his heart, and that his brother Alonso had opened the -veins of the child’s arms, etc.--all as confessed--and further that it -is true that he and his brother Alfonso had afterwards buried their -victim. - -He now corroborates Benito’s statement that on the day they stole the -child he and Benito went together to Toledo, and that they agreed -that one should seek in one quarter of the city whilst the other -sought in another. And further, he says that he found the child in the -doorway--known as the Puerta del Perdon--of the cathedral, as he has -already stated in his confession (which is not before us).[215] - -On the next day Guevára appears before the inquisitors to petition that -in view of what has been deponed against the deceased Mosé Franco, Yucé -Tazarte, and David Perejon, their Paternities should order it to be -recorded _ad perpetuam rei memoriam_, to enable the execution of the -deceased in effigy, the confiscation of their property, and the infamy -of their heirs. - -That is on November 15. On the 16th the last scene of this protracted -trial is played in the market-square of Avila. - -There, near the church of St. Peter, the scaffolds have been erected -for the Auto de Fé. On one, in their hideous yellow _sanbenitos_, -are grouped the eight prisoners and the three effigies. On the other -are the inquisitors, Dr. Pedro de Villada and Frey Antonio de Santo -Domingo, with all the _personnel_ of the Holy Office, their notaries, -the fiscal Guevára, familiars, and apparitors. Round the scaffolds -thronged the greater part of the inhabitants of Avila and many who had -come in from the surrounding country districts, whence it is clear -that the Auto had been announced some days before. The popular feeling -against the Jews runs high, and it is an angry, turbulent mob that -witnesses the Auto. Avila, indeed, is in uproar, and no Jew dare show -himself abroad without risk of being insulted or assaulted in the -street.[216] - -The sentences are read by the notary Antonio Gonçales, commencing with -a very full narrative of the crimes of each of the accused, which we -need not render here as it is a summary of all that has been gone -through and practically a repetition of the matter contained in the -“Testimonio.” - -They are sentenced all to be abandoned to the secular arm of the -Corregidor Don Alvaro de Sant’ Estiban, who, advised some days before, -is in attendance with his lieutenants and _alguaziles_. - -The usual exhortation being duly pronounced, they are seized by the men -of the Corregidor and led away out of the city to the burning-place. -The inquisitors order their notaries to accompany the doomed men, that -they may record their final confessions at the stake. - -In Yucé’s _dossier_ are included not only his own confession--made at -the last moment--but also Benito Garcia’s, Juan de Ocaña’s, and Juan -Franco’s, all recorded by the notary Gonçales. Further, this _dossier_ -contains a letter written on the morrow of the event by the same notary -of the Holy Office to the authorities of La Guardia, accompanying a -relation of the crime and the sentences pronounced, for publication in -La Guardia, where the offences were committed. - -From this we learn that Benito, in spite of his protestations that he -would die a Jew betide what might, accepted at the stake the spiritual -comforts of the Church, and thus earned the mercy of being strangled -before the faggots were fired.[217] - -Similarly Juan de Ocaña and Juan Franco accepted the ministrations of -the attendant friars and returned to the Church from which they had -secretly seceded. But the Jews--the stalwart old man of over eighty -and his son--held staunchly to their faith, and refused to avoid by -apostasy any part of the agony prepared them. Wherefore, in a spite -that seems almost satanic, their flesh was torn with red-hot pincers -before they were consumed over slow fires. - -“They refused,” writes the reverend notary, “to call upon God or the -Virgin Mary or to make so much as a sign of the Cross. Do not pray for -them,” he concludes, impatiently it seems to us, “for they are buried -in Hell.” - -Finally, the notary begs the authorities of La Guardia not to permit -that the place where Juan Franco said that the Holy Child was buried -should be ploughed over, but to see that it is left intact. Their -Highnesses and the Cardinal of Spain, he adds, may desire to visit it, -and he prays that God “may reveal to us the bones of the infant.” It -is expedient to mark the spot, he concludes, because, in view of the -merits of such a place, he hopes that it may please God that the earth -of it will work miracles. - -The sentence is sent, it should be added, with order that it shall be -read from the pulpit of La Guardia on the following Sunday, and this -under pain of excommunication. - -In Avila the popular feeling against the Jews as a consequence of this -affair was so bitter that their lives were not safe, and it is on -record that one was stoned to death in the streets. It became necessary -for the Aljama of that city to petition the Sovereigns for protection, -and M. Fidel Fita quotes a royal letter commanding such protection -to be extended, with threats of rigour against any who should molest -them.[218] - - - - -CHAPTER XXIV - -EPILOGUE TO THE AFFAIR OF THE SANTO NIÑO - - -The evidence given by Yucé Franco as to whence the consecrated wafers -had been obtained is hearsay evidence, and very vague even then. But it -would appear that from Benito Garcia or Alfonso Franco the inquisitors -have been able to obtain something more definite, for whilst the trial -of the eight accused has been drawing to a close, the familiars of the -Holy Office have been about the apprehension of the sacristan of the -church of La Guardia. - -On November 18, 1491--two days after the Auto--this sacristan is -brought before the court at Avila, and admonished to tell the truth of -this matter, being promised mercy if he will do so. - -He states that about two years ago his uncle, Alonso Franco, besought -him on two separate occasions to let him have two consecrated wafers, -promising him a cloak and money and much else if he would so. -Ultimately, in response to these requests, and in accordance with the -instructions he received from Alonso, he delivered a consecrated wafer -to Benito Garcia, who came for it on the other’s behalf. - -He remembers that it was winter-time, but he cannot recall the day or -even the month. He explains that he took the Host from the pyx in the -sanctuary of the Church of Santa Maria, having obtained the keys from -the earthenware pot in which they were kept. He says that he begged -Benito to tell him what it was wanted for, but that he could not -induce him to say. He was assured, however, that no harm was intended. - -He is able to fix the date more closely by remembering that the Francos -were arrested about five months later. - -Under further examination he declares that he believes in the True -Presence, and always did, and that when he urged this upon Alfonso -Franco and Benito Garcia they admitted that his act was a sin, but they -assured him that it was not a heresy, and that no heresy was involved, -and that for the sin his confessor would absolve him.[219] - - * * * * * - -One man who is alleged to have had a share in the affair of La Guardia -escaped all mention at the time in the depositions of the accused, -and was, consequently, entirely overlooked. This was one Hernando de -Ribera, a man of a station in life very much above that of the others, -and it is said that in consequence of this to him had been assigned the -aristocratic role of Pilate in that parody of the Passion. - -Not until nearly thirty years later was he arrested, self-betrayed, it -is said, the man having boasted of his share in that affair. He was -convicted of that crime, and also of flagrant Judaizing, for in the -meanwhile he had accepted baptism to avoid expulsion from Spain when -the decree of banishment of all Jews was published. - - * * * * * - -Now, whilst the publication by M. Fidel Fita of the records of the -trial of Yucé Franco has shed a good deal of light upon the affair, -it is not to be denied that much still remains to be explained, and -that until such explanations are forthcoming--until the records of the -proceedings against Yucé’s co-accused are brought to light and we are -able to compare them one with another--the affair of the Holy Infant -of La Guardia must to a certain extent continue in the category of -historic mysteries. - -Meanwhile, however, in spite of the glaring contradictions contained in -the evidence at present available, in spite of the incongruities which -refuse to fit into the general scheme, we cannot hold that M. Loeb is -justified of his conclusion that the Holy Infant of La Guardia--and -consequently the crime with which we have dealt--never had any real -existence.[220] - -M. Loeb makes a twofold contention: - - (_a_) If the crime of La Guardia ever did take place, then upon - the evidence itself, it was not ritual murder at all, but a - case of sorcery in which Christians were concerned as well as - Jews. - - (_b_) No such crime ever did take place. - -He bases his somewhat daring final conclusion upon three premises: - - (_a_) The depositions of the witnesses, obtained under - torture or the threat of it, are full of contradictions, of - improbabilities, and of facts materially impossible. - - (_b_) The judges made no inquest to discover the truth. - - (_c_) The Inquisition is unable to fix the date of the crime; - it did not verify the disappearance or discover the remains of - any child. - -The first of these premises is the most worthy of attention. The other -two appear to us to overlook the fact that our present knowledge is -confined to the record of the trial of one of the accused, and this one -a youth who was guilty of participating in the crime in a comparatively -minor degree. - -No one is in a position to say that the judges made no inquest to -discover the truth. All that we know is that it does not transpire -from Yucé’s trial that any such efforts were made. But then such -efforts may not so much concern Yucé’s trial as the trials of some of -the ringleaders, and it is very possible that the records of the latter -may divulge some such inquest. It is more than possible. The compiler -of the résumé of seven of the trials distinctly shows that this was -done.[221] He cites the fact that when Juan Franco had confessed -that he and his brother Alonso buried the boy, the inquisitors took -him to the place where he stated that the body had been inhumed, and -made him point out the exact spot, “and they discovered the truth and -demonstration of all this.”[222] - -This, of course, does not mean that the body was found. It simply -means--as we are told--that the place indicated by Juan Franco -presented the appearance of having lately served the purpose of -a grave. The failure to find the body is undoubtedly one of the -unexplained mysteries of this affair. But it does not justify the -statement that no inquest was made--a statement which in itself implies -that the inquisitors knew the whole story to be false, and therefore -deliberately avoided inquiries which should expose that falseness. - -The vagueness and confusion that appear to exist on the subject of the -date when the crime was committed certainly call for comment. - -The contradictions on this score appear to be flagrant, and it is -impossible to reconcile the date of the crucifixion with that of Benito -Garcia’s arrest in Astorga. It seems to be established by Yucé that the -crucifixion took place at the end of Lent 1488; and he and others tell -us that about six months later they all assembled again to dispatch the -Host to Zamora by the hand of Benito. Yet Benito is arrested in Astorga -in May or June of 1490--more than eighteen months after setting out for -Zamora--and the wafer is still in his possession, undelivered. That is -what _seems_ to be established. But it is possible that a very simple -explanation may dispose of this discrepancy. We are not justified by -our present knowledge in saying that the inquisitors were unable to -dispose of it. We may not assume that there is not, in the records -of the trials of the other accused, matter that will clear up this -question. - -The date supplied by the sacristan, for instance, does not seem to be -so very inconsistent with that of the event in the inn at Astorga. -He said, it will be remembered, that he had delivered the wafer to -Benito some five months before the arrest of the Francos. This tends -strongly to confirm the impression we have already formed that the -wafer discovered upon Benito at the time of his arrest was not the one -that he had set out to take to Zamora some two years earlier. The Host, -together with the letter for Abenamias, may very well have reached -its destination. If this is admitted--and there is nothing in the -evidence to forbid its admittance--much that is irreconcilable in the -depositions at once disappears. - -M. Loeb, of course, has proceeded upon the assumption that it is -pretended that the Host dispatched from La Guardia in 1488 and the -Host found upon Benito at Astorga in 1490 are one and the same. It may -appear to be the obvious thing to assume. Yet it is a hasty assumption, -which nothing in the evidence before us will justify. - -As for the other discrepancies which M. Loeb points out, when all is -said, they refer to matters of detail, upon which mistakes are not -impossible. - -Benito states that the child’s hands and feet were nailed to the cross -in addition to being tied, whilst Yucé makes no mention of nails. - -According to the statements of Yucé and of Juan Franco, it is the -latter’s brother who opened the veins in the boy’s arms, whereas Ocaña -said that this was done by Yucé. We have already drawn attention -to the circumstances under which Ocaña so accused Yucé, and we have -suggested the vindictiveness that may have inspired him. - -Juan Franco confessed that he himself cut open the boy’s side and drew -out the heart, whilst Yucé’s statement was to the effect that Juan had -opened the wound and Garcia Franco had torn out the heart. - -Mainly the evidence seems to say that the child bled to death. Yet -Benito states that he was strangled(?), and Yucé in one of his -statements says that they gagged him because he was crying. We have -already suggested that by the expression “_lo ahogaron_” so much as -“strangling” may not necessarily have been meant. - - * * * * * - -These are, after all, the principal discrepancies; and it is to be -remembered that these men were referring to things done at least two -years before; that confusion on the score of particulars is not only -possible but more or less inevitable; and that, despite contradictions -in these details, the main facts stated are always the same in the -depositions of each. M. Loeb more than suggests that this unanimity was -contrived by the inquisitors. He puts it forward as more than probable -that the prisoners were left alone together on the occasions of the -confrontations, to the end that they might agree upon the same tale. - -There is not the slightest warrant for such an assumption. In the -records the notary very clearly states that the inquisitors were -present throughout those confrontations, and it is of importance to -remember that these records were not prepared for publication, but were -to be consigned to the secret archives of the Inquisition--so that any -notion of a fraud having been deliberately perpetrated may once for all -be dismissed as entirely idle. - -But even were it not the recorded fact that the inquisitors were -present at the confrontations, and that the prisoners were afforded no -opportunity of coming to any understanding, it would still be extremely -difficult to believe that they should have come to an understanding to -get themselves all burnt. - -M. Loeb’s attempt to make this appear reasonable is the least -convincing thing in a very able but quite unconvincing article. It -certainly seems to display his own want of confidence in the general -acceptance of such a situation. - -“We could understand,” he says, “that guilty men should come to -an understanding to deny the crime committed, or to attenuate the -fault, or to cast it upon others. But what should be the meaning -of an understanding whose object, as would be the case here, is to -make truthful avowals of a real crime? The accused would be taking -unnecessary trouble. But all is explained if, on the contrary, they -prepared confessions of a crime that was never committed.” - -M. Loeb has vitiated his argument by the absolute assumption that an -understanding did take place. This we cannot admit upon the evidence -before us. But if we do, is the position materially altered? M. Loeb -says that “all is explained if they prepared confessions of a crime -that was never committed.” To our mind, nothing is explained by such -a procedure. What possible object could have induced them to come -to an understanding to make an uncommitted crime the subject of a -unanimous confession that must infallibly send them to the stake? What -possible advantage could they hope to derive from a falsehood of that -description? - -One of the chief obstacles to the rejection of the story as a -fabrication is Yucé’s confession to “the Rabbi Abraham” in the prison -of Segovia. M. Loeb recognizes it, and although he makes a determined -attempt to overcome it, his arguments are too arbitrary and do not -materially affect the point even if they are admitted. - -But if M. Loeb is entirely unconvincing in his attempts to prove that -the crucifixion of the boy is a fable, nothing could be more convincing -than his first contention: that even if we account the story true as -contained in Yucé’s _dossier_, the deed is not to be looked upon as -ritual murder, but purely as an operation in magic. - -It is a conclusion with which you must come to agree, although at first -glance you may be tempted to form the opinion that the crucifixion of -the child served both purposes. Some such opinion had been formed by -the inquisitors when they asked why the boy had been crucified rather -than put to death in some other fashion, since his heart was all that -was required for the enchantment. - -The answer was that crucifixion was chosen in derision and vituperation -of the Passion of Jesus Christ. But this is a very different thing -from ritual murder or “the hanging of Haman.” If we turn to the actual -vituperative phrases employed,[223] we find the expression of a desire -to wound the Redeemer Himself, through that form of magic, common in -all ages, known as _envoûtement_. Instead of the waxen or wooden effigy -usually employed, a living body is used in this case. For the rest the -immolation of a child plays its part in the magic ritual of other than -Jews. We need mention but the notorious instance of the Black Masses -celebrated by the infamous Abbé Gribourg in the eighteenth century. - -There seems, indeed, no doubt at all that we are justified in rejecting -the theory that the crucifixion of the Holy Child of La Guardia is -to be accepted as an instance of Jewish ritual murder. So far we can -accompany M. Loeb, but no farther. We cannot say with him that no such -crime was ever committed. To convince us of that it would be necessary -to show that the whole of the _dossier_ we have considered is a forgery -to serve the purposes of Torquemada. And this we have proof that -it is not. Had it been that, had it been manufactured for popular -consumption, it would not have lain concealed for four centuries in the -secret archives of the Inquisition. - -That Torquemada exploited the matter and turned it to the fullest -account is admitted. But this merely shows him to be an opportunist; it -is very far from proving him a forger. The very sentence was couched -in terms calculated to excite--as it did--popular indignation against -the Jews. Nor did the publication of the sentence end in La Guardia, -whither copies were sent. We may infer that Torquemada scattered those -copies broadcast through Spain, since we actually find a Catalan -translation which was specially prepared for publication in Barcelona. - - * * * * * - -The cult of the Holy Child of La Guardia sprang up at once, and -developed rapidly. Numerous shrines were set up in his honour, the -first and chief of these being on the site of the house of Juan Franco, -which had been razed to the ground. Here an altar was erected in the -cellar of the house, on the spot where it was believed that the child’s -sufferings had begun; it was surmounted by a figure of a child pinioned -to a column. - -Over this subterranean shrine a church sprang rapidly into existence. - -Another hermitage was erected near Santa Maria de Pera, on the spot -where the child was alleged to have been buried, and yet another in the -cave where he was believed to have suffered crucifixion. “In all times -since,” says Moreno,[224] “the three sanctuaries have been frequented -by those who come to pray to the Niño as to a saint.” - -The first of these sanctuaries was erected by 1501--at which date -records of it are to be found. It was called the Sanctuary of the Holy -Innocent, and Moreno adds that this has always received the approval of -Popes and Bishops, and that plenary and partial indulgences have been -granted to the faithful visiting these shrines. - -The people of La Guardia elected him their patron saint, and a fast was -appointed for the eve of his feast-day, which at first was March 25, -but was afterwards changed to September 25. Moreno includes in his book -the prayers prescribed and a litany to the Niño.[225] - -But it is not without a certain significance that Rome--ever -cautious, as we have already had occasion to say, in the matter of -canonization--has not yet recognized the Holy Child of La Guardia as -one of the saints of the Church. - -Yepes chronicles four miracles performed by the child after his death, -beginning with his mother’s obtaining sight. All these, with other -very interesting and purely romantic details, are to be found in that -piously fraudulent work--the “Life of the Holy Child,” by Martinez -Moreno. - - - - -CHAPTER XXV - -THE EDICT OF BANISHMENT - - -It was, as we have already suggested, the very opportuneness with -which the trial and sentence of those concerned in the affair of La -Guardia came to afford Torquemada an additional argument to plead -with the Sovereigns his case against the Jews, which has led so many -historians--prior to M. Fidel Fita’s discovery--to reject the story as -an invention. Another reason to discredit it lay in the circumstance -that it was circulated in Spain together with a number of other stories -that were obviously false and obviously invented expressly for the -purpose of defaming the Jews and exciting popular indignation against -them. - -Meanwhile Ferdinand and Isabella pressed triumphantly forward on their -conquering progress through Andalusia. Lucena, Coin, Ronda, and scores -of other Moorish strongholds in the southern hills had fallen before -the irresistible arms of the Christians; and the Sovereigns, aided by -Jewish gold--not merely the gold extorted by confiscations, but moneys -voluntarily contributed by their Hebrew subjects--pushed on to the -reduction of Malaga, as the prelude to the leaguer of Granada itself, -the last bulwark of Islam in Spain. This fell on January 2, 1492, and -with it fell the Moslem dominion, which had endured in the peninsula, -with varying fortunes, for nearly 800 years. - -It might well have seemed to the Catholic Sovereigns that the -conquest of Spain and the victory there of Christianity were at last -accomplished, had not Torquemada been at their elbow to point out that -the triumph of the Cross would never be complete in that land as long -as the Jews continued to be numbered among its inhabitants. - -He protested that the evils resulting from intercourse between -Christian and Jew were notorious and unconquerable. He declared that -in spite of the Inquisition, and in spite of all other measures that -had been taken to keep Christian and Jew apart, the evil persisted and -was as rampant as ever. He urged that the Jews continued unabatedly -to pervert the Christians, and that they must so continue as long as -they were tolerated to remain in the peninsula. Particularly was this -notorious in the case of the Marranos or New-Christians, to whom the -Israelites gave no peace until--by indoctrination or by the scorn and -abuse they heaped upon them--they had seduced them back into error. - -And in proof of what he urged he was able to point to the affair of La -Guardia, to the outrage to the crucifix at Casar de Palomero, and to -other matters of a kindred nature that had lately been brought to light. - -He called upon the Sovereigns to redeem the promise they had made to -give consideration to this matter--a consideration which, in answer to -his earlier pleadings, they had postponed until the war against Granada -should have been brought to its conclusion. - -In the meantime the Jews themselves had fought strenuously against the -banishment with which they saw themselves threatened. Eloquent had -been their appeals to the Sovereigns. And the Sovereigns could hardly -turn a deaf ear to the intercessions of subjects to whom they owed so -much. For was it not the very Jews who had supplied the Spanish crown -with the sinews for this campaign against the enemies of the Cross? Was -it not owing to wonderful Hebrew administration--an administration -gratefully surrendered to them--that the army of the Cross was -equipped, maintained, and paid out of moneys that the Jews themselves -had provided? - -They found means to bring this to the attention of the Sovereigns, as -a proof of the loyalty of their devotion, as a proof of their value -to the Spanish nation. And the Sovereigns had other experiences of -the loyalty and affection which had ever been manifested towards them -by their long-suffering Hebrew subjects. When, for instance, their -son, the Infante Don Juan was proclaimed in Aragon, after the Cortes -of Toledo, the Jews had been foremost in the jubilant and loving -receptions that everywhere met their Highnesses in the course of their -progress through the kingdom of Ferdinand. Whilst the Spaniards were -content to greet their Sovereigns with acclamations, the Jews went to -meet them with valuable gifts.[226] Bernaldez tells us[227] of the -splendid offering made to their Highnesses by the Aljama of Zaragoza. -It consisted of twelve calves, twelve lambs, and a curious and very -beautiful service of silver borne by twelve Jews, a rich silver cup -full of gold castellanos[228] and a jar of silver--“all of which the -Sovereigns received and prized, returning many thanks.” - -Loyalty so tangibly manifested, of which this is but an instance, must -have some weight in the scales against fanaticism; further, it seems -impossible that the Sovereigns should have been altogether blind to the -possible jeopardizing of the industrial prosperity of the kingdom if -those chiefly responsible for it were driven out. - -So they had put off their decision in the matter, urging that the -present war demanded their full attention. But now that the conquest -of Granada was accomplished, they were forced to look the matter in -the face. For Torquemada was giving them no peace. Hard-driven by his -fanatical hatred of the Israelites, the Grand Inquisitor had resolved -upon his course and was determined that nothing should turn him aside. - -Constantly were his arguments--all founded upon the love of -Christ--poured into the ears of the Sovereigns, and to prove the -soundness of these arguments he was able to bring forward concrete -facts--or, at least, matters upon which the courts of the Inquisition -had pronounced--prominent among which would be the affair of La Guardia. - -And what Torquemada was doing by the Sovereigns, the brethren of his -order were doing by Spain. Popular indignation against the Jews, so -easy to arouse, already inflamed by the outrage at Casar de Palomero -and the crucifixion at La Guardia, was further and unscrupulously -excited by false stories that were set in circulation. It was even -alleged that the illness of the Prince Don Juan was the result of -Hebrew infamy, and to explain this a foolish, wicked story was -invented, put about and universally accepted. - -Llorente quotes this story from the “Anonymo de Zaragoza.”[229] It -is to the effect that the prince coveted a golden pomander-ball worn -by his physician, who was of a Jewish family, and this gewgaw the -physician ended by relinquishing to his patient. One day, moved by -youthful curiosity, the boy wished to see what the pomander contained. -Opening it, he discovered an indecent and blasphemous picture, -insulting to the divinity of Christ. The sight of it inspired the -princeling with such horror and grief that he fell sick. Nor would he -divulge the origin of his illness until the instances of his father -succeeded in drawing the secret from him, whereupon “it was resolved to -take proceedings against the physician and to sentence him to the fire.” - -This trivial, scurrilous, and obviously untruthful story would not be -worth repeating did it not serve the purpose of showing the sort of -rumours that were being propagated to the hurt of the Israelites. - -Another story that was circulated alleged that in Valencia there had -also been an attempt by a number of Jews to crucify a Christian boy. -This is recorded in that scurrilous, infamous publication, “Centinela -contra Judios,” by Frey Francisco de Torrejoncillo. We have already -referred to it more than once. It was first printed in 1676, and is the -book of a friar of the Order of St. Francis, a disgraceful work which -proves its author to have been as barefaced as he was barefooted. It -is a collection of stupid lies and forgeries, and, it is scarcely an -exaggeration to add, obscenities; it may be another instance of those -frauds termed pious, but it is scarcely to the credit of a Church -exercising, by means of the “Index Expurgatorius,” a censorship of the -press--to have permitted the circulation of a work of this order from -the pen of a churchman. - -This, however, is by the way. - -The story here to be recorded is taken, Torrejoncillo tells us, from -the “Sermon de la Cruz” by Frey Felipe de Salazar.[230] On a Good -Friday evening a youth who was in a street of Valencia observed -several men entering a house. Considering this to be strange--although -no suspicious circumstance is mentioned--he approached the door and -listened. He heard them say, “There seems to be some one at the door.” -Fearing that a brawl might be the result if he were discovered there -when they opened, he drew his sword and fled. (How the drawing of -his sword was calculated to assist his flight the author does not -think it worth while to inform us.) As he was running he came upon a -patrol, which seized him, demanding to know whither he was hurrying in -this fashion with a naked sword in his hand. He related what he had -witnessed, whereupon the officer, not only for the purpose of testing -the truth of the story but also that he might ascertain to what end so -many men should be assembling, went to the house and knocked. - -The door was opened by a Jew, who began to make obvious excuses to him. -Suddenly the officer heard a child’s voice within the house, crying, -“These men want to crucify me.” - -The Jews were taken, the house demolished, and on the site of it was -built the Church of Santa Cruz. - -In this collection of lies and forgeries are included the “letter -of Christ to Abgarus,” another letter of Pontius Pilate to Tiberius -dilating upon the miracles of the Saviour, and a letter from the Jews -of Constantinople to those of Toledo, which played an important part in -this anti-semitic campaign. - -It was the Cardinal-Archbishop Juan Martinez Siliceo who was alleged to -have discovered this letter in Toledo. We are to suppose that he also -found in Toledo the letter to the Jews of Constantinople to which this -is a reply, for the chroniclers are able to supply us with the texts -of both,[231] a circumstance which no one at the time appears to have -considered strange. - -The letter to Constantinople ran as follows: - - -“THE JEWS OF SPAIN _to_ THE JEWS OF CONSTANTINOPLE - -“Honoured Jews, health and grace.--Know that the King of Spain compels -us to become Christians, deprives us of property and of life, destroys -our synagogues and otherwise oppresses us, so that we are uncertain -what to do. - -“By the Law of Moses we beseech you to assemble, and to send us with -all speed the declaration made in your assembly. - - “CHAMARRO, Prince of the Jews of Spain.” - - * * * * * - -To this the answer received from Constantinople was in the following -terms: - - -“THE JEWS OF CONSTANTINOPLE _to_ THE JEWS OF SPAIN - -“Beloved Brethren in Moses,--We have your letter in which you tell us -of the travail and suffering you are enduring there.... The opinion -of the Rabbis is that since the King of Spain attempts to make you -Christians, you should become Christians; since he deprives you of your -goods and property, you should make your children merchants, that they -may deprive the Christians of theirs; since you say that they deprive -you of your lives, make your sons apothecaries and physicians to -deprive the Christians of theirs; since they destroy your synagogues, -make your sons clerics that they may destroy the Christian temples; -since you say that you suffer other wrongs, make your sons enter public -offices that thus they may render the Christians subject to them. - -“Do not depart from these orders, and you will see that from oppressed -you will come to be held of great account. - - “HUSÉE, Prince of the Jews of Constantinople.” - - * * * * * - -The matter of these letters--so very obviously forged--was freely -circulated. Being accepted, public indignation was suddenly increased -by fear. Imaginations were stimulated, and stories based upon these -injunctions of Prince Husée became current, nothing being ever too -flagrant for popular consumption. It was related that a Jewish -physician in Toledo carried poison in one of his finger-nails, and -that with this he touched the tongues of the patients he visited, thus -killing them. Of another physician it was reported that he deliberately -poisoned the wounds he was desired to heal.[232] And that there were -many other such stories current is beyond all doubt. - - * * * * * - -What use, if any, Torquemada made of those forged letters and the -stories that were their offspring, we do not know. But it would be -strange if the circulation and acceptance of such matters displeased -him, since they were plainly calculated to forward his aims and compel -the Sovereigns to lend an ear to his insistent denunciations of the -Jews. - -Incessantly he preached the need for religious unity in a united Spain. -Indeed, Spain, he urged, never could be united, never could deserve -the blessing of Heaven, until all men in that land were the children -of God, true believers in the Holy Roman Catholic Apostolic Faith. God -had greatly favoured Ferdinand and Isabella, the friar continued. He -had collected the various elements of the peninsula into one mighty -kingdom, which He had subjected to their sceptre. Let them fuse those -elements into a solid whole, rejecting all those who resist this -fusion--and this for the honour and glory of God and of their own -kingdom. - -Before this terrific gospel of Religious Unity nothing could stand. -Humanitarian considerations, principles of equity, indebtedness and -gratitude are mere trifles to be swept away by that hurricane of -religious argument. - -The Sovereigns found themselves face to face with an issue of such a -magnitude that no temporal considerations could be allowed to weigh. -And to the pressure of Torquemada’s fierce arguments was added now the -pressure of public opinion, cunningly excited by his lieutenants. To -the voice of God from the lips of the Grand Inquisitor was added now -the _vox populi_--the voice of God from the lips of the people. - -And so clamorous was this popular voice, so insistent were the -accusations which it levelled against the Israelites, of ritual -infamies and of seducing back to the Law of Moses their apostate -brethren, that the Jews were warned of the storm that was about to -break over their luckless heads. - -Torquemada’s demand was that they must receive baptism or go. - -The Sovereigns hesitated still. In Isabella perhaps the voice of -humanity was too strong to be entirely stifled by the dictates of -bigotry. - -But Torquemada’s strength of purpose was the greater and more -irresistible by virtue of its purity and singleness of aim. Obviously -he was no self-seeker. Obviously he had no worldly ends to serve. -What he demanded, he demanded in the name of the religion which he -served--solely for the greater honour and glory of his God; and to -sovereigns of the temper of Ferdinand and Isabella demands so inspired -are not easily resisted. - -And although it was clear that he sought no worldly advantage for -himself, he did not scruple to use the prospect of the Sovereigns’ -worldly advantage as a weapon to combat their reluctance; he did -not hesitate to dangle before their eyes temporal advantages that -must result from the banishment of the Israelites. To arguments upon -religious grounds he added arguments of worldly expediency, arguments -which cannot have failed of effect upon the acquisitive nature of the -King. - -Never, urged the Grand Inquisitor, would Spain know tranquillity whilst -she harboured Jews. They were predatory; they were untrustworthy; their -sole objective was the satisfaction of their pecuniary interest--the -only interest they knew; and their acquisitiveness would always dispose -them to serve any enemy of the crown so that it should profit them to -do so.[233] - -But Torquemada was not the only advocate before the royal court. The -Jews were there, too, pleading on their own behalf, with an eloquence -that seemed for a moment on the point of prevailing--for the seductive -chink of gold was persuasively intermingled with their protestations. - -They urged their past services to the crown, and promised even greater -services in the future; they swore that henceforth they would be more -observant of the harsh laws formulated by Alfonso XI--that they would -keep to their ghettos as prescribed, withdrawing to them at nightfall, -and abstaining rigorously from all such intercourse with Christians -as was by law forbidden. Last and most eloquent argument of all, they -offered through Abraham Seneor and Isaac Abarbanel--the two Jews who -had undertaken and so admirably effected the equipment of the Castilian -army for the campaign against Granada--that in addition to giving this -undertaking they would subscribe 30,000 ducats towards the expenses of -the war against the Moslem. - -Ferdinand’s hesitation was increased by this offer. Ever in need of -money as the Sovereigns were, the consideration of this gold not only -tempted them, but it would undoubtedly have conquered them had not -Torquemada been at hand. But for his violent intervention it is more -than probable that the cruel edict of banishment would never have been -promulgated. - -The Dominican, learning what was afoot, thrust himself into their -Highnesses’ presence to denounce their hesitation, and to put upon it -the name which in his opinion it deserved. - -It is not difficult to picture him in that supreme moment. It is one -of those rare occasions on which this being whom we have compared to a -_Deus ex machina_, a cold stern spirit ruling and guiding the terrible -organization of the Inquisition which he has himself established, steps -forth in the flesh, a living, throbbing man. - -You behold him pale, a little breathless in the excitement and anger by -which he is possessed. His deep-set eyes glow sombrely with the fever -of fanatical zeal and indignation. He draws his lean old frame erect. -In his shrivelled, sinewy old hands he flaunts aloft a crucifix. - -It is an intense moment. Everything contributes to it: the long-drawn -duel between religion and humanity, between clericalism and -Christianity, of which this is at last the climax; and nothing so -much as the figure offered by the Jews. This _thirty_ thousand is -unfortunately reminiscent. It permits the Prior of Holy Cross to draw a -very daring parallel. - -“Judas,” he cries, “once sold the Son of God for thirty pieces. Your -Highnesses think to sell Him again for thirty thousand. Here you have -Him. Sell Him, then, but acquit me of all share in the transaction.” - -And, crashing the crucifix upon the table before their startled -Highnesses, he abruptly leaves the chamber.[234] - - * * * * * - -Thus Torquemada conquered. - -The edict of expulsion was signed at Granada on March 31 of that year -1492--that glorious year in which Spain finally completed the erection -of her monarchy upon the ruins of the old Visigothic kingdom, and in -which the navigator Columbus laid a new world at the foot of the throne -of the Catholic Sovereigns.[235] - - - - -CHAPTER XXVI - -THE EXODUS FROM SPAIN - - -It was solemnly declared in the edict of expulsion that this decree -was promulgated solely in obedience to the pressing need to cut off at -the roots, once for all time, the evils arising out of the intercourse -between Christians and Jews, since all other efforts hitherto -undertaken with the same intent had proved fruitless.[236] - -By this edict all Jews of any age and either sex who should refuse to -receive baptism must quit Spain within three months, and never return, -under pain of death and the confiscation of their property. - -The cruelty of this expatriation calls for little exposition. Spain -was the motherland of these Jews. For centuries it had been the home -of their ancestors, and they held it in the affection implanted in -the heart of each of us for the country which is his own. They must -depart out of it, into exile in some foreign land, and the only terms -upon which they could obtain immunity from that harsh decree was by -the sacrifice of something dearer still, something as dear to them as -honour itself. They must be false to the faith of their fathers and -forswear the God of Israel. - -That was the choice forced upon the Children of Judah--the choice which -the arrogant Christian Church had been forcing upon all men from the -moment that she had found herself mistress of the power to do so. - -It was decreed that after the expiry of the three months allowed them -in which to settle their affairs and be gone no Christian would be -suffered to befriend or assist them, to give them food or shelter, -under pain of being called to account as an abettor of heretics. - -Until their departure the persons and property of the exiled were -nominally under the protection of the Sovereigns. They were permitted -to dispose of what property they possessed, and to take the proceeds -with them in bills of exchange[237] or in merchandise, but not in gold, -which it was forbidden to carry out of the country. - -Little greater would have been the injury done them if their property -had been confiscated outright. For being compelled to dispose of it at -such short notice, and the buyers knowing that it must be sold, and -eager to take advantage of these forced sales, what chance had the Jews -of realizing anything that should approach its value? How could they -avoid the pitiless Christian exploitation of their miserable position? - -“The Christians obtained,” says Bernaldez, “much property and many -very rich houses and estates for little money; the Jews went about -offering these, and could not find any buyers, so that they were forced -to barter here a house for an ass, there a vineyard for a piece of -cloth.”[238] - -From just this passage in the chronicle of an author whose detestation -of the Jews we have earlier considered may be conceived how terrible -was their distress, and how mercilessly was advantage taken of it by -the Christians. - -[Illustration: - - _Photo by Donald Macbeth._ - -SANBENITO OF IMPENITENT. - -From Limborch’s “Historia Inquisitionis”] - -Amador de los Rios adds that entire ghettos entered into the sacrifice, -and that, the Jews being utterly unable to dispose of such communal -property, they were forced to make gifts of it to the municipalities -that had shown them so little pity.[239] - -Torquemada in his great zeal for the Faith was not content to leave -matters there. His chief aim, after all, was not the expulsion of the -Jews, but their conversion and the effacement of their creed. As a -means to that end was it that he had wrung the edict of banishment from -the Sovereigns. - -Upon this campaign of conversion he now sent forth his army of -Dominicans. He published an edict, with the royal sanction, in which -he exhorted the Israelites to receive baptism, laying stress upon the -fact that those who should do so before the expiry of the three months -appointed for their emigration would be entitled to remain. - -In every city, in every village, in every hamlet, in churches, in -market-places, and at street-corners his black-and-white Dominicans -sought by exhortation and argument to induce the Jews to receive the -waters of baptism, thereby securing their well-being and prosperity -in this world and their eternal salvation in the next. The preachers -penetrated to the very synagogues in their zeal, and exerted themselves -even in the Jewish temples, by the promises they held out of temporal -advantage, to lead the Jews into the fold of Christianity. No place -was sacred from the friars-preachers. In Segovia, when the hour of -departure approached, the Jews spent three days in their cemetery -weeping over the graves of their dead, which they were abandoning. And -there were zealous Dominicans who intruded upon that sorrow, and seized -the opportunity to preach conversion to that piteous assembly.[240] - -But the response to all these sermons was only slight. If Torquemada’s -friars were preaching Christianity on the one hand, and attempting by -argument and bribery to induce the Hebrews to embrace it, the Rabbis, -on the other, were no less energetic in their efforts to encourage the -Israelites to stand firm in their fidelity to their God, to resist -the temptations of corruption, and to remember that even as God had -delivered them out of Egypt and led them into the Land of Plenty, so in -leading them out of Spain would He see that His children did not suffer -loss of honour or of worldly goods. - -Whether the Israelites believed or not, the great body of them remained -staunch, and sooner than accept ease and advancement at the price of -baptism, they firmly envisaged exile and the loss of their property, -which the royal decree inspired by Torquemada rendered inevitable. - -Bernaldez tells us that, notwithstanding the law against taking gold -out of Spain, many of the exiles did take it in large quantities -concealed about them--which is extremely probable. Not quite so -probable is the common rumour which he reports, that they reduced many -gold ducats to pellets with their teeth, and then swallowed them upon -arriving at seaports or other places where they were to be searched, -thus carrying the gold away in their stomachs. The women in particular, -he says, were great offenders in this respect, and--again reporting -the voice of common rumour--he informs us that some women contrived to -swallow as many as thirty ducats each.[241] - -The story of this swallowed gold evidently got abroad, to add to their -affliction; and we are told that some who sailed from Cadiz to Fez, and -who fell into the hands of Moors upon landing on the coast of Barbary, -were not only plundered of their belongings, but were in several cases -ripped open by these brigands in their quest for gold.[242] - -Within the little period of three months appointed them, the Israelites -sold or bartered what they could, and abandoned that for which they -found no buyers. All boys and girls of the age of twelve or more they -married, so that each nubile female should set out under the protection -of a husband.[243] - -The exodus from Spain began in the first week in July of 1492. Those -amongst the exiles who were wealthy supported their poorer brethren, -in pursuance of the custom that had ever prevailed in their ghettos. -Many who had been very wealthy and masters of thriving trades abandoned -their prosperity, and trusting to what Bernaldez terms “the vain hope -of their blindness,” they took the harsh road into banishment. - -The parish priest of Palacios has left us a vivid picture of this -emigration.[244] It is a picture over which Christianity must weep in -shame. - -On foot, on horseback, on donkeys, in carts, young and old, stalwart -and feeble, healthy and ailing, some dying and some being born, and -many falling by the way, they formed forlorn processions toiling -onwards in the heat and dust of that July. On every road that led out -of the country--on those that went southwards to the sea, or westwards -to Portugal, or eastwards to Navarre--these straggling human droves -were to be met, and they presented a spectacle so desolate that there -was no Christian who did not pity them. - -Succour them none dared, by virtue of the decree of the Grand -Inquisitor; but on every hand they were exhorted to accept baptism and -thus set a term upon their tribulations. And some, unable to endure -more in their utter exhaustion and hopelessness, gave way and forswore -the God of Israel. - -But these were comparatively few. The Rabbis were at hand to encourage -and stimulate them. The women and the young men were bidden to sing -as they marched, and timbrels were sounded to hearten these wretched -multitudes. - -The Andalusians made for Cadiz, where it was their intention to take -ship. Those of Aragon also turned towards the coast, repairing to -Cartagena; whilst many Catalans sailed for Italy, where--singular -anomaly!--a Catalan Pope (Roderigo Borgia) was to afford them shelter -and protection in the very heart of the system that was oppressing and -persecuting them. - -Of those who arrived at Cadiz, Bernaldez says that at sight of the sea -there was great clamour amongst them. Their imaginations fired by the -recent sermons of the Rabbis, in which they had been likened to their -forefathers departing out of the Egyptian captivity, they confidently -expected to behold here a repetition of the miracle of the Red Sea, and -that the waters would separate to allow them a dry-shod passage into -Barbary. - -Those who went westwards were permitted by King John of Portugal to -enter his kingdom and abide there for six months upon payment of a -small tax of one cruzado each.[245] Of these many settled in Portugal -and engaged there in trade, which they were permitted to do subject to -a tribute of 100 cruzados levied on each family. - -It is no part of our present task to follow the Israelites into exile -and observe the miserable fate that overtook so many of them, alike at -the hands of the followers of the gentle Christ and at those of the -Children of the Prophet. Many sages and rabbis were amongst those who -abandoned Spain, and in their number was Isahak Aboab, the last Prince -of the Castilian Jews, and Isaac Abarbanel, the sometime farmer of the -royal taxes. - -“The expulsion,” writes this last, “was accompanied by pillage on land -and sea; and amongst those who, stricken and sorrowful, set out for -foreign lands, was I. With great trouble I contrived to reach Naples, -but I was unable to find any repose there in consequence of the French -invasion. The French were masters of the city, the very inhabitants -having abandoned their Government. All rose against our congregation, -expelling rich and poor, men and women, fathers and sons of the -Children of Zion, and reducing them to the greatest ruin and misery. -Several abandoned their religion, fearing lest their blood should be -shed as water, or that they might be sold into slavery; for men and -women, young and old, were being carried off in ships without pity for -their lamentations, compelled to abandon their Law and continue in -captivity.” - -France and England received some of the exiles, others went to settle -in the Far East. Most wretched, perhaps, were those who landed on the -coast of Africa and attempted by way of the desert to reach Fez, where -there was a Jewish colony. They were beset by a horde of plundering -tribesmen, who pillaged them of their belongings, treated them with the -utmost cruelty and inhumanity, ravished their women under their very -eyes, and left them stripped and utterly broken. Their sufferings had -reached the limit of their endurance. The survivors sought baptism at -the first Christian settlement they reached, and many of these returned -to their native Spain, having thus qualified themselves for readmission. - -There were many otherwise who, similarly unable to endure the hardships -which they met abroad, broke down at last, accepted baptism and -returned, or else returned clamouring for the baptism that should -enable them to dwell in peace in the land of their birth. - -For three years, says Bernaldez, there was a constant stream of -returning Jews, who having abandoned all for their faith, had now -abandoned their faith itself, and came back to make a fresh start. They -were baptized in groups, all at once, by the sprinkling of hyssop over -them.[246] Bernaldez himself baptized a hundred of them at Palacios, -and from what he beheld, “I considered fulfilled,” he writes, “the -prophecy of David--‘Covertentur ad vesperam et famen patiuntur ut canes -et circundabunt civitatem.’” - -The priest of Palacios estimates at 36,000 the Jewish families that -accepted banishment,[247] which would represent some 200,000 souls. -But Salazar de Mendoza and Zurita set the total exiles at twice that -number,[248] whilst Mariana carries it as high as 800,000.[249] More -reliable perhaps than any of these is the estimate left by the Jewish -writers, who say that in the year 5252 of the Creation 300,000 Jews -left Spain, the land in which their forbears had dwelt for close upon -2,000 years.[250] - -These figures bring home to us the gravity of the step taken by the -Sovereigns when they consented to the banishment of the Jews; and -if anything had been wanting to make us appreciate the irresistible -quality of Torquemada and of the fanaticism for which he stood, these -figures would supply it. - -The proposed expulsion must fully have been discussed in council before -the edict was promulgated;[251] and it must have been obvious that -Spain could not fail to be left materially the poorer if some 40,000 -industrious families were driven out. It is unthinkable that king or -councillor should not have raised the question of the inexpediency, -of the positive danger attaching to such a measure. Yet certain it -is that neither councillor nor king could stand against the stern, -uncompromising friar, in whom they saw the representative of a God that -was not to be trifled with--a God whom their conceptions transformed -into some vindictive pagan deity. - -Torquemada’s crucifix so dramatically flung into the scales had -definitely settled the question. - -The Sultan Bajazet, who welcomed and sheltered not a few of the -fugitives in Turkey, was overcome with amazement at this blunder of -statecraft, so that he is reported to have asked whether this king -were seriously to be taken for a great statesman who impoverished his -kingdom to enrich another’s. - -What the Grand Turk perceived so readily, priest-ridden Ferdinand dared -not perceive. - -In banishing Jew and Moslem from her soil--for the Moor was soon to -follow, though temporarily permitted to remain by virtue of the terms -of the capitulation of Granada--Spain banished her merchants and -financiers on the one hand, and her agriculturists and artisans on -the other; in short, she banished her workers, the productive section -of her community. It is accounted by many that she did so with the -fullest consciousness of the consequences--an act of heroic sacrifice -to principle and to religious convictions. And it may be that she -accounted herself God-rewarded by the gift of a new world for this -sacrifice to God. - -The arts, the industries, manufactures, agriculture, and commerce -have been bewailing for four hundred years the lack of hands to serve -them. The New World proved but an illusory and transient compensation. -Its gold could not furnish Spain with the workers that she lacked. On -the contrary, it increased that lack. The New World repaid herself -with interest for what she gave. In return for the gifts she poured -into the lap of Spain she took to herself the very children of Spain, -luring them overseas with the fabulous tales of riches easily to -be acquired. Driven by this greed of gold, multitudes of families -emigrated to increase the depopulation of their country. And when, in -the course of time, those children of Spain in the New World had grown -to a sufficient strength to claim their emancipation, they threw off -the yoke of the motherland and distributed among themselves her vast -possessions. They left her bare indeed, who by her own act was without -home-resources, to realize perhaps at last what manner of service had -been rendered her by the Prior of Holy Cross. - - * * * * * - -The Moors of Granada, meanwhile, had obtained from Ferdinand a promise -that the Inquisition should not be set up in Granada within the -following forty years, nor yet any prosecution instituted of Moriscoes -(baptized Moslems) for the observance of Mohammedan customs. - -The term, however, set too great a strain upon priestly patience. In -1526--long before the expiry of the period marked--the Holy Office -crept slyly into Granada upon the pretext that it was requisite to -watch the many suspected Marranos who had gone to reside there in the -shelter of the immunity enjoyed by the Moriscoes. That it was the -merest pretext is shown by the circumstance that already, as early -as 1505, the Holy Office of Cordova had been moving in Granada and -instituting there, when occasion arose, proceedings against Judaizers. - - - - -CHAPTER XXVII - -THE LAST “INSTRUCTIONS” OF TORQUEMADA - - -The expulsion of the Jews may be considered the supreme and crowning -work of Torquemada’s life. It marks the high meridian of his -achievement. Hereafter his career dwindles gradually in importance in a -measure as it sinks slowly to its setting. - -In Rome, meanwhile, in that year 1492, a new Pontiff--Roderigo -Borgia--had ascended the throne of St. Peter under the title of -Alexander VI, and from this Pontiff’s hands Torquemada received -his confirmation in the great office which he held--a confirmation -which, being couched in the otiose terms of affection not uncommon in -papal bulls, seems to have led many to believe that Alexander viewed -Torquemada and the Holy Office of Spain with particular fondness. As -a matter of fact, this Pope’s attempts to curb the excessive rigour -of the Grand Inquisitor were less lethargic--we dare not say more -energetic--than those exerted by Sixtus IV and Innocent VIII; and -it was Alexander VI who, weary of complaints, finally contrived the -retirement of the Prior of Holy Cross. - -But that was not yet. Before that came to pass, the scandals of secret -absolutions sold and subsequently rescinded by the Holy See were now -repeated. Vigorous appeals were made to the Holy Father against the -procedure of the Grand Inquisitor, and the Holy Father, acting upon the -advice of the Apostolic Court, dispatched his briefs of absolution. -Torquemada, incensed once more by this fresh interference with his -jurisdiction, made his appeal to the Sovereigns, and jointly with them -laid his protests before the Pope, who complacently cancelled the -briefs that had been paid for--or rather that part of the absolution -which concerned the temporal courts. For the moneys received it could -be shown that full value had been given, since these absolutions still -held good in the tribunal of conscience. We are familiar by this time -with the argument. - - * * * * * - -Torquemada’s enemies in Spain were increasing now at an alarming -rate. But, secure in the royal protection, this old man steadily and -ruthlessly advanced along the path of intolerance, undismayed by -ill-will. Conscious of the hatred he provoked, he may have gloried -in the maledictions hurled against him by the persecuted, conceiving -that the malevolence of the infidel would render his deeds the more -acceptable in the sight of his God. But whatever the equanimity with -which he may have confronted spiritual hostility, he took his measures -to secure himself from its temporal manifestations. That he went in -dread of attack is evinced not only by the fact that he was never seen -abroad without his numerous escort of armed familiars, but further -by the circumstance that he never sat down to dine without a horn of -unicorn upon his table as a charm against poison.[252] - -So arbitrarily and arrogantly did he widen the sphere of autocratic -jurisdiction accorded him that soon he was usurping the functions of -the civil courts, thereby provoking a still deeper resentment. He -conducted the business of the Holy Office in such a manner that all -other courts of the kingdom became subservient to it, and where the -magistrates, resenting these encroachments, attempted to withstand -him, or even to question his authority, they were--as had happened -in the case of the Captain-General of Valencia--promptly charged with -lack of zeal and even impeached as hinderers of the Holy Office. They -were compelled to submit to humiliating penances, which in the case of -magistrates entailed a total loss of dignity and prestige. And such was -the ascendancy this man had gained by now that complaints or appeals to -the Sovereigns were useless. - -Meanwhile, however, and by his own act, his enemies at home had found -two powerful mediators with the Pope, two powerful advocates to plead -their cause before the Apostolic Court. These were Juan Arias Davila, -Bishop of Segovia, and Pedro de Aranda, Bishop of Calahorra. - -Torquemada’s frenzied intolerance of men of Jewish blood was by no -means confined to those who practised the Law of Moses. It extended to -those who had accepted baptism and to their descendants, and it kept -alive his mistrust of them. - -Very markedly is this exhibited in the proceedings he instituted -against the two bishops mentioned, notwithstanding the Papal decree -which inhibited inquisitors from proceeding against prelates save by -special pontifical authority. - -The Bishop of Segovia--Juan Arias Davila--was the grandson of a Jew -who had received baptism in the reign of Henry IV, and had held an -honourable position at the court of that king by whom he had been -ennobled. Considering the ecclesiastical eminence attained by his -grandson--now a very old man--one would imagine that the latter should -have been secure from inquisitorial attacks on the score of alleged -offences committed by his ancestor against the Faith. But the terrible -Torquemada contrived to rake up some matters against the long-deceased -_converso_, accused him of having re-Judaized before his death, and -instituted proceedings which must have resulted in the destitution, -degradation and infamy of the bishop, his descendant. - -“It sufficed,” says Llorente on this subject,[253] “that a deceased Jew -should have been fortunate and wealthy to seek cause of suspicion upon -his faith and religion, such was the ill-will against those of Jewish -blood, such the desire to mortify them, and such the covetousness to -absorb their property.” - -To these proceedings Davila set up a stout resistance and made appeal -to the Pope, whereupon Torquemada experienced his first serious check. -The Pope ordered him to stick to the letter of the law, and to lay the -matter before the Apostolic Court, as was due. Thither went the Bishop -also, to defend his grandfather’s bones from the accusation lodged. He -was well received by the Pontiff, who ultimately gave him the victory -over Torquemada, for when the case was tried his father’s memory was -cleared of all guilt.[254] - -In the meanwhile, however, Davila had not only received a very kindly -welcome at the Vatican, but, pending his trial, he was given a position -of honour, and he was associated with Cardinal Borgia of Monreale -(Alexander’s nephew) when the latter went as papal legate to Naples, to -crown Alfonso II of Aragon.[255] - -Less fortunate was Pedro de Aranda, the other accused Bishop. In his -case, too, the proceedings instituted were based upon the alleged -Judaizing of his deceased father--a Jew who had been baptized in the -time of St. Vincent Ferrer. - -His case was tried at Valladolid, but the inquisitors and the diocesan -ordinary disagreed in their findings, and in 1493 the Bishop, -accompanied by his bastard son Alfonso Solares, set out for Rome, -to present in person his appeal to the Pontiff. Him, too, the Pope -received with the utmost kindliness. His Holiness issued a brief -inhibiting the inquisitors, and relegating the case to the Bishop of -Cordova and the Prior of the Benedictines of Valladolid. - -The case being tried by them, a verdict entirely favourable to the -Bishop was obtained, and his father’s memory was acquitted of the -charge preferred against it. But the tribulations of the living son -were not permitted to end there. Torquemada would not suffer that his -prey should escape so easily. - -Already in 1488 the Bishop had been defamed by a suspicion of -judaizing, and the Grand Inquisitor now pressed that he should be -called to answer to that charge, forwarding the indictment under seal -to Rome. - -Pending the solution of the matter by the Apostolic Court, Alexander -not only treated Aranda well, but heaped honours and favours upon him -and his son. The Bishop was sent to Venice as papal legate, he was -appointed Master of the Sacred Palace, whilst upon his offspring was -conferred the position of apostolic prothonotary.[256] - -But despite the papal favour which he enjoyed, and notwithstanding the -fact that he called upwards of a hundred witnesses to testify in his -defence, he was found guilty. It is said that his own witnesses helped -to bring about his conviction. The Pontifical Court was obliged to -sentence him to loss of all ecclesiastical dignities and benefices, -to degrade him and reduce him to the lay estate, whereafter he was -imprisoned in Sant’ Angelo, and there he died a few years later.[257] - -Notwithstanding the sentence of the Apostolic Court, Llorente finds it -impossible to believe that Aranda was really guilty of Judaizing. “It -seems incredible that it should have been so, considering that he had -preserved the reputation of good Catholic for so long and with such -applause that the Queen Donna Isabella should have named him President -of the Council of Castile. His celebrating the Synodal Council in -his bishopric argues zeal for the purity of religion and its dogmas. -That the witnesses called should have deponed to any words or actions -of his that were contrary to this does not signify as much as may at -first appear, for we know, from a multitude of instances, that to fast -on Sunday, to abstain from work on Saturday, to refuse to eat pork, -to dislike the blood of animals, and other similar matters, sufficed -as grounds upon which to declare a man a Judaizing heretic, and this -notwithstanding that, as any one knows to-day, these are circumstances -not at all at issue with a firm adherence to the Catholic dogmas.”[258] - -His sentence, however, was not pronounced until 1498. Until then he -enjoyed, as we have seen, great favour at the Papal Court. Taking -advantage of this, he and the Bishop of Segovia not only acted as -mediators to lay their countrymen’s grievances against Torquemada -before the Pope, but, in their very natural resentment at the injustice -of the prosecutions instituted against themselves, they went so far as -to urge the Pope to depose the Grand Inquisitor from his office. And -Llorente--who states this upon the authority of Lumbreras--adds that -these petitions would, of themselves, have prevailed but for the royal -protection which Torquemada continued to enjoy.[259] - - * * * * * - -But the complaints of the Grand Inquisitor’s abuse of his power -continued to pour into Rome. They multiplied to such an extent, -they were of such a nature, and they were presented by Spaniards of -such eminence at the court of the Spanish Pontiff, that thrice was -Torquemada forced to send an advocate to defend him before the Holy -See.[260] And in the end Alexander considered it necessary to take -measures to circumvent the royal protection which continued to oppose -the deposition of the Prior of Holy Cross. - -Since to depose him were too aggressive a course to adopt towards the -Sovereigns, with whom the Pontiff desired to preserve the friendliest -relations, at least Torquemada’s power must be curtailed. And so, by -a brief of June 23, 1494, indited with all the craft and diplomacy of -which Roderigo Borgia was a master, a brief in which he assures the -Grand Inquisitor that “he cherishes him in the very bowels of affection -for his great labours in the exaltation of the Faith,” and charged with -tender solicitude for Torquemada’s failing health, the Pontiff puts -forward these infirmities as a reason for assuming him no longer equal -to discharge single-handed the heavy duties of his office. Therefore -His Holiness considers it desirable to appoint him assistants who will -lighten the labour of his declining years. - -The assistants appointed by Alexander were Martin Ponce de Leon, a -Castilian nobleman who was Archbishop of Messina, Don Inigo Manrique, -Bishop of Cordova (nephew of the prelate of the same name who was -Archbishop of Seville), Don Francisco Sanchez de la Fuente, Bishop of -Avila, sometime Dean of Toledo and Councillor of the Suprema, and Don -Alonso Suarez de Fuentelsaz, Bishop of Mondonedo, who had also held the -position of inquisitor. - -These assistants were equipped by the Pontiff with the amplest -powers--powers as ample as Torquemada’s own--so that they were in no -sense subservient to the Prior of Holy Cross. The term “assistant” was -a papal euphuism, serving thinly to veil the fact that Torquemada’s -autocratic rule was virtually at an end. - -Such was the absolute equality of the authority of each of the five -Grand Inquisitors now in existence, that it was explicitly set forth -that any one of them had power singly to determine any matter, or -singly to conclude any case that might have been initiated by one of -the other four.[261] - -But of the four assistants appointed only two accepted office jointly -with Torquemada. These were the Bishop of Avila and the Archbishop of -Messina, who at once took up their duties. - -The Pope went a step further on November 4 following, when by a -supplementary brief he appointed Sanchez de la Fuente (Bishop of Avila) -to be Judge of Appeal in cases of the Faith. And from now onwards it is -to Sanchez de la Fuente that the Pope addresses his briefs concerning -the conduct of the affairs of the Holy Office. It was to him personally -that Alexander gave orders that when a bishop was unable or unwilling -to perform upon an offending cleric of his diocese the ceremony of -degradation, this should be undertaken by the Bishop of Avila himself, -or else by a bishop by him appointed. - -Thus it would seem that Torquemada had virtually been superseded, -and that Sanchez de la Fuente had been rendered his superior. If so, -that superiority cannot have been more than nominal. In spite of it, -Torquemada remained the guiding spirit of the Holy Office in Spain, the -supreme arbiter and law-giver, as we shall see when we come to consider -his last “Instructions,” published in 1498. - - * * * * * - -In spite of these measures taken by the Pope with a view to softening -inquisitorial severity and bringing it within more reasonable bounds, -complaints to Rome seem to have continued unabatedly. - -[Illustration: - - _Photo by Donald Macbeth._ - -SPAIN AND PORTUGAL. - -From Colmenar’s “Délices d’Espagne.”] - -Far from restricting inquisitorial jurisdiction--as was intended--the -appointment of these assistant Grand Inquisitors appears to have -widened it. They now went so far as themselves to sell and dispose -of confiscated property--a matter which hitherto had been conducted by -the officers of the royal treasury. And this was more than Ferdinand -could stomach. Where humanitarian considerations, where arguments of -political expediency had failed to curb his bigotry, acquisitiveness -seems easily to have carried the victory. So that at last we see the -King himself turning in appeal to the Pope against this despotism of -a court upon which he had conferred the power to become mightier than -himself in his own kingdom. - -The response to his appeal was the bull of February 1495, commanding -the inquisitors under pain of excommunication to desist from their -course, and never to resort to it again save under royal sanction. The -power to proceed against inquisitors in case of fraud or irregularity -in this matter was vested in the famous Francisco Ximenes de -Cisneros.[262] - -This man, who has been called the Richelieu of Spain, had risen from -very humble beginnings, as a barefoot friar-mendicant, to the very -splendid eminence of Primate of Spain--in which office he had just -succeeded Cardinal Mendoza, who died in that year (1495). - - * * * * * - -In the following year Torquemada made his exit from the Court, where -for a decade he had been a figure of an importance second only to that -of the Sovereigns themselves. - -Crippled by gout, he withdrew to his monastery at Avila.[263] There -he now dwelt in retirement, an emaciated old man in his seventy-sixth -year, debilitated and racked with bodily infirmities, but with all his -vigour and energy of mind unimpaired, his severity as uncompromising as -of old, his conscience entirely at peace in the conviction that he had -given of his best--indeed, his all--to the service of his God. - -But even now his retirement can have been little more than physical. -His attention continued focussed upon the Inquisition and engrossed by -it. To the last do we find him actively directing the procedure of that -tribunal of the Faith. - -In the spring of 1498 he summoned the principal inquisitors of the -kingdom to the monastery of St. Thomas of Avila, to the end that with -himself they might concert the promulgation of further decrees to check -abuses which had crept into the administration of the justice of the -Holy Office, proving inadequate his enactments of 1484, 1485, and 1488. - -These, the fourth “Instructions” of Torquemada, were published on May -25, 1498. They contain a good deal that seems calculated to soften -the rigour of the earlier decrees, yet much of this is more or less -illusory. - -Let us very briefly consider the sixteen articles of which they consist. - -The first three provide: (I) that of the two inquisitors appointed to -each court one shall be a jurist and the other a theologian, and that -they shall not proceed other than jointly to decree prison, torture, or -publication of witnesses; (II) that the inquisitors shall not permit -their officers to bear weapons in those places where the bearing of -weapons is forbidden; (III) that no one shall be arrested save upon -sufficient proof of his guilt, and that all cases be disposed of -with dispatch and not delayed in the hope of discovering increased -justification to sentence. - -This last clause merely repeats an earlier one that we have already -seen, and from this repetition we are led to suppose that the former -expression of the same command had not received proper attention and -obedience. The stipulation that no arrest should be made save where -there was sufficient proof of guilt is not as generous as it sounds. -It is dependent upon what the inquisitors would consider “sufficient -proof”; this is revealed by the jurisprudence of the Holy Office: the -accusation of a spiteful or malevolent person, or a delation wrung -from some wretch under torture, would be accounted “sufficient proof” -to justify the arrest and its sequel. To abolish the inequitable -character of this it would have been necessary to have rescinded the -decree which accounted “semiplenal proof” sufficient ground for taking -action. - -Very merciful in its terms is Article IV, which sets forth that in -proceedings against the dead the inquisitors must absolve promptly -where complete proof of crime is not forthcoming, and not delay in the -hope of obtaining further proof, as legal delays are very injurious to -the children, who are unable to contract marriage whilst such matters -are _sub judice_. But it comes a little late in the day. It comes when -the great harvest from the wealthy dead has been safely garnered. -Besides, no conditions imposed could mitigate the horrible rigour -of the enactment to exhume and burn the bones of the dead together -with their effigies, and to reduce the children or grandchildren to -destitution and infamy, even when the person convicted was known to -have died penitent and comforted by the sacraments of the Church--in -consequence of which, by their own Faith, the inquisitors believed him -to be saved. - -Article V provides that when the tribunal shall be short of money for -salary, no further pecuniary penances be imposed than would be the case -if the court had funds in hand. - -Conceive, if you can, the notions of equity prevailing in a tribunal -which needed to have it decreed that fines were to be governed by the -offence committed, and not by the court’s need of money at the time! - -Similarly illumining is Article VI, which sets forth that imprisonment -or other corporal penances must not be commuted to fines, and that only -the inquisitors-general shall have power to dispense an offender from -wearing the _sanbenito_ and to rehabilitate the children of heretics so -that they shall have liberty in the matters of apparel and employment. - -As Llorente points out,[264] the very existence of this decree shows -of what abuses of power the inquisitors were guilty for the purpose of -increasing their already considerable profit. - -Article VII is thoroughly imbued with the inquisitorial spirit of -mercilessness. It warns inquisitors to be cautious in the matter of -admitting to reconciliation those who confess their fault after arrest, -since, considering how many years have passed since the institution -of the Inquisition, the contumacy of such offenders may be taken as -established. - -On the subject of Article VIII, which enjoins inquisitors to punish -false witnesses with public pains, Llorente is particularly interesting -in a commentary: - -“Properly to understand this article, it is necessary to realize that -there were two ways of being a false witness: one by calumniating, -another by denying knowledge of heretical words or deeds upon which -a person might be questioned in the course of proceedings against an -accused. I have seen many records of proceedings against those of this -second class, but very rarely (_rarissima vez_) any against those of -the first. Nor could it be easy to prove that a calumniator has borne -false witness, for the unfortunate accused would have to guess his -identity, and though he were to guess correctly the court would not -admit it.”[265] - -Article IX provides that in no tribunal shall there be two persons who -are related or one who is the servant of another, even though their -respective offices should be entirely different and separate. - -Articles X, XI, and XVI are calculated to increase the secrecy of -inquisitorial proceedings. The first makes provision for the secret -custody of all documents and for punishing any notary who shall betray -his trust; the second enacts that a notary must not receive the -depositions of witnesses save in the presence of the inquisitor; the -last decrees that after the witnesses shall have been sworn by the -inquisitors in the presence of the fiscal, the latter must withdraw so -as not to be present when the delations are made. - -The remaining four articles are concerned with such matters as the -setting up of courts of the Inquisition where these have not yet been -established, the submission of difficult questions that may arise to -the Suprema for decision, the provision of separate prisons for women -and for men, and the stipulation that officers of the court shall work -six hours daily. - - * * * * * - -In addition to the foregoing sixteen articles, he promulgated in that -same year special instructions concerning the _personnel_ of the Holy -Office. They speak for themselves, and very vividly suggest the abuses -they were framed to suppress. - -For governors of prisons and constables he decreed that they must -permit no one to visit the prisoners with the exception of the persons -appointed to bear them food, and that these must be bound by oath to -preserve the “secrecy” inviolate, and to examine all food to ascertain -that no written matter is concealed in it. Food, it is added, shall be -conveyed to the prisoners by persons specially appointed for that duty, -and never by a constable or gaoler. - -All officers are to be sworn to preserve inviolate secrecy upon all -things they may see or hear. - -Receivers are commanded that in the event of the acquittal of a person -whose property has been sequestered, they must restore the property -according to the inventory drawn up at the time of effecting the -sequestration--but if there are debts to be satisfied by such a person, -these may be paid by order of the inquisitors without awaiting the -consent of the debtor. - -If amongst confiscated property there should be any that is in -litigation, the matter is to be judicially decided; and if it is found -that any property which should have formed part of a confiscation shall -have passed into the hands of third parties, action is to be taken to -recover it. - -Confiscated property is to be sold after thirty days, and the receivers -are not to purchase any under pain of greater excommunication and a -fine of 100 ducats. Each receiver is authorized to give vouchers for -property up to the value of 300,000 maravedis. - -For the inquisitors themselves it is provided that upon assuming -office they shall be bound by oath to discharge their duties well and -faithfully and to observe the secrecy; that no inquisitor or officer -of the Inquisition shall receive any gift of whatsoever nature from a -prisoner, under pain of loss of office and a fine of twice the value of -the gift plus 100,000 maravedis, whilst any who shall have knowledge of -such matter and fail to divulge it shall be subject to the same penalty. - -Inquisitors are to make oath never to be alone with a prisoner, and -neither an inquisitor nor any officer of the court shall hold two -offices or receive two salaries. Lastly, in any district where the -Inquisition’s tribunal is established, the inquisitors must pay for -their own lodgings, and must never receive any hospitality from -_conversos_.[266] - - * * * * * - -We have seen Torquemada’s efforts strained to obtain the fullest -possible control over subjects of inquisitorial jurisdiction in Spain, -and to establish himself the sole arbiter in matters concerning -heresies there committed. And we have seen his frequent conflicts with -Rome in consequence of what he accounted undue interference on the part -of the Holy See in affairs which he considered purely within his own -province. Despite repeated protests which had resulted in the annulment -of absolutions granted by the Apostolic Court, the Holy See had ever -continued to receive those who fled thither from Spain in quest of a -reconciliation that was procurable in Rome upon terms far easier than -were accorded by Torquemada’s delegates. - -Never, however, had the fugitives to Rome been so numerous as they -were now in the reign of Alexander VI. Never before had so many -Judaizers--who were liable, if discovered in Spain, to perpetual prison -or the fire--sought at the hands of the Pontiff the absolution which, -subject to penitence and penance, the Holy Father was willing and ready -to accord them. - -On July 29, 1498, an Auto de Fé was held in Rome in the vast square -before St. Peter’s, when 180 Spanish Judaizers came to be reconciled to -the Church.[267] - -It is worth while to take a glance at this, and to mark the difference -between the Act of Faith in the very heart of Christendom, and the -spectacles provided under the same title by Spanish bigotry and -fanaticism. - -There were present the Governor of Rome, Juan de Cartagena, the Spanish -Orator at the Vatican, the Apostolic auditors, and the Master of the -Sacred Palace, whilst the Pope himself surveyed the scene from the -balcony above the steps of St. Peter’s. - -The penitents received the _sanbenitos_, which were put on over their -ordinary garments, and arrayed in these they entered St. Peter’s. -There all were assembled and reconciled, whereafter they were taken in -procession to the Church of Santa Maria della Minerva. In this temple -they put off their _sanbenitos_, and each one withdrew to his home -without further bearing the insignia of shame and infamy.[268] - -The view taken by Torquemada of a Pope who so little understood what -the former considered to be the duties of Christ’s earthly Vicar is to -be gathered from the attitude of the Sovereigns in the matter of these -reconciliations, and their protests--protests which, beyond doubt, -would be inspired by the Grand Inquisitor. - -Alexander advised the Sovereigns in reply--by a brief of October -5--that in according these absolutions one of the pains imposed upon -the penanced was that they must never return to Spain without the -special sanction of the Catholic Sovereigns.[269] - -In this manner, clearly, there was no infringement by the Pontiff of -the power relegated to the Spanish inquisitors, since as long as the -penitents remained abroad they were beyond the jurisdiction of the Holy -Office of Spain. As for the prohibition to return being a part of the -penance imposed, it was surely supererogative, for we cannot think that -any of those who had so fortunately obtained absolution would easily -incur the risk of coming within reach of the talons of a court that -would disregard, or else find a way to cancel or circumvent, the Roman -reconciliation. - - * * * * * - -But by the time the brief reached Spain, Frey Tomás de Torquemada, -the arch-enemy of the Jews, had breathed his last in his beautiful -monastery of St. Thomas at Avila. - -He passed away in peace, laying down the burden of life and sinking to -sleep with the relief and thankfulness of the husbandman at the end -of a day of diligent, arduous, and conscientious toil. His honesty of -purpose, his integrity, his utter devotion to the task he had taken up -are to be weighed in the balance of historic judgment against the evil -that he wrought so ardently in the unfaltering conviction that his work -was good. - -His name has been execrated and revered at once. He has been -vituperated as a fiend of cruelty, and all but worshipped as a -saint; and there is bias in both judgments--both are no better than -gratifications of prejudice. - -Perhaps Prescott is nearest the truth when he says that “Torquemada’s -zeal was of so extraordinary a character that it may almost shelter -itself under the name of insanity.”[270] - -Garcia Rodrigo speaks of the barbarians of the nineteenth century -who desecrated the monastery of St. Thomas, and whose “revolutionary -hammers” smashed so many of the sepulchral and other marbles. He -turns the medal about for us when he pours his fierce invective upon -anti-religious fanaticism and speaks of these broken marbles as -evidences of “perversity, intolerance, and want of enlightenment.”[271] - -The anti-religious fanaticism and intolerance must be admitted. But it -must be admitted that they are the inevitable fruits that fanaticism -and intolerance produce. Men reap as they sow. And what but thistles -shall be yielded by the seed of thistles? - -The same author inveighs against the political fanaticism of Spanish -Liberalism, which in the hour of reaction sought fiercely for the -bones of the first Grand Inquisitor. He denounces it indignantly for -disturbing the peace of sepulture. In the main we share his feelings; -and yet can we avoid perceiving here a measure of retributive justice? -Can we fail to see in this fanatical act the vengeance of humanity for -the almost obscene violation of a thousand graves by that same Grand -Inquisitor’s fanaticism? - -He was laid to rest in the chapel of his monastery, and his tomb bore -the following simple inscription: - - HIC JACET REVERENDUS P. F. THOMAS DE TURRE-CREMATA - PRIOR SANCTÆ CRUCIS, INQUISITOR GENERALIS - HUJUS DOMUS FUNDATOR. OBIIT ANNO DOMINI - MCDLXLVIII, DIE XVI SEPTEMBRIS.[272] - -But his work survived him. His spirit--through his -enactments--continued for three centuries after his death to be the -guiding spirit of the Inquisition, executor of the stern testament he -left inscribed upon the walls of his monastery-- - - -PESTEM FUGAT HÆRETICAM. - - - - -BIBLIOGRAPHY - - - Ariz, Luys: “Historia de Avila.” Alcalá, 1607. - - Babut, Charles E.: “Priscillian et le Priscilliantisme.” Paris, - 1909. - - Bernaldez, Andrés: “Historia de los Reyes Catolicos.” 1870. - - Bleda, Jaime: “Coronica de los Moros de España.” Valencia, 1618. - - Burchard, Johannes: “Diarium sive Rerum Urbanarum Commentarii” - (Ed. Thuasne). Paris. - - Castillo, Hernando del: “Historia General de Santo Domingo.” - Valladolid, 1612. - - Colmenar, Juan Alvarez de: “Delices d’Espagne.” Leyden, 1715 - - Colmenares, Diego de: “Historia de Segovia.” Madrid, 1640. - - “Copilacion de las Instrucciones hechas, etc.” Madrid, 1576. - - Didron, A. N.: “Iconographie Chrétienne.” Paris, 1835. - - Douais, C.: “Les Hérétiques du Midi au XIII Siècle.” - - Emeric, David: “Histoire de la Peinture.” Paris, 1842. - - Eymericus, Nicolaus: “Directorium Inquisitorum.” Romæ, 1578-79. - - Fita, Fidel: in “Boletin de la Real Academia de la Historia,” - vols, v., vi., ix., xv., xvi., xvii., and xviii. - - Frazer, Jas. Geo.: “The Golden Bough.” London, 1900. - - Guidonis, Bernardus: “Practica Inquisitionis.” Paris, 1886. - - Lecky, W. E. H.: “Rationalism in Europe.” London, 1865. - - Limborch, Phillippi a: “Historia Inquisitionis.” Amstelodami, - 1692. - - Llorente, Juan Antonio: “Anales de la Inquisicion de España.” - Madrid, 1812. - - Llorente, Juan Antonio: “Historia Critica de la Inquisicion de - España.” Madrid, 1822. - - Llorente, Juan Antonio: “Memoria Historica.” Madrid, 1812. - - Loeb, Isidore: in “Revue des Etudes Juives,” vols. xv., xviii., - xix., and xx. - - Mariana, Juan de: “Historia General de España.” Madrid, 1849-51. - - Marin, Julio Melgares: “Procedimientos de la Inquisicion.” - Madrid, 1886. - - Marineo, L.: “Cronica d’Aragon.” Valencia, 1524. - - Mendoza, Salazar de: “Cronica de el Gran Cardinal.” Toledo, - 1625. - - Mendoza, Salazar de: “Monarquia de España.” Madrid, 1770. - - Moreno, Martin Martinez: “Historia del Martirio del Santo Niño - de La Guardia.” Madrid, 1786. - - Paramo, Ludovicus a: “De Origine et Progressu Sanctæ - Inquisitionis.” Madrid, 1598. - - Pulgar, Hernando del: “Chronica de los Reyes Catholicos.” - Valencia, 1780. - - Pulgar, Hernando del: “Claros Varones de Castilla.” Madrid, - 1789. - - Rios, José Amador de los: “Estudios sobre los Judios de - España.” Madrid, 1848. - - Rios, José Amador de los: “Historia de los Judios de España y - Portugal.” Madrid, 1875. - - Rodrigo, Francisco Xavier Garcia: “Historia Verdadera de la - Inquisicion.” Madrid, 1877. - - Rule, W. H.: “History of the Inquisition.” London, 1874. - - St. Hilaire, Rosseuw: “Histoire d’Espagne.” Paris, 1845. - - Torrejoncillo, Francisco de: “Centinela contra Judios.” - Pamplona, 1720. - - Trasmiera, Diego Garcia de: “Epitome de la Vida de Pedro de - Arbués.” Madrid, 1664. - - Zuñiga, Diego Ortiz de: “Anales de Sevilla.” Madrid, 1677. - - Zurita, Geronimo: “Anales de la Corona de Aragon.” Madrid, 1852. - - - - -INDEX - - - ABADIA, JUAN DE--conspires against Inquisition, 218; - arrested, 221; - commits suicide, 222 - - ABARBANEL, ISAAC--365; - on sufferings of the Jews, 372 - - ABDURRAHMAN THE OMAYYAD--founds Amirate of Cordova, 51 - - ABENAMIAS, MOSÉ--in affair of La Gardia, 289; - consecrated wafer sent to, 312, 325, 338; - letter to, 340 - - ABGARUS OF EDESSA--recipient of portrait of Christ, 21 - - ABJURATION--146 - - ABOLAFIO, JUAN FERNANDEZ--conspires, 115; - burnt, 116 - - ADRIAN--approves Christianity, 20 - - AGUSTIN, ANTONIO--denounces J. P. Sanchez, 226 - - AGUSTIN, PEDRO--procures release of Sanchez, 226; - arrested, 227 - - ALARCON, DR. ALONSO DE--sent to Zaragoza, 221 - - ALBIGENSES--32 - - ALCANTARA, KNIGHTS OF--59 - - ALEXANDER SEVERUS--20 - - ALEXANDER VI, POPE--confirms Torquemada in office, 377; - curtails power of Torquemada, 383; - bull of, 385; - fugitives to Rome under, 391 - - ALFARO, JUAN DE--constable of Holy Office, 240 - - ALFONSO I--founds Kingdom of Galicia, 51 - - ALFONSO V OF PORTUGAL--invades Spain, 54 - - ALFONSO VIII--Jews under, 76 - - ALFONSO XI--promulgates “Partidas,” 78 - - ALFONSO OF ARAGON--in Zaragoza riots, 220; - at penance of Infante of Navarre, 224 - - ALMORAVIDES--empire of, 52 - - ANTONINUS PIUS--tolerates Christians, 20 - - ARANDA, PEDRO DE--Bishop of Calahorra, 379; - prosecuted by Torquemada, 380; - convicted at Rome, 381 - - ARBUÉS DE EPILA, FR. PEDRO--213; - appointed inquisitor in Zaragoza, 216; - murdered, 219 et seq.; - avenged by Inquisition 223; - miracles and sanctity of, 229; - canonized, 230 - - ARCOS, COUNT OF--New-Christians shelter in dominions of, 112 - - ARIAS DAVILA, JUAN (Bishop of Segovia)--inquires into case of ritual - murder, 79; - prosecuted by Torquemada, 379; - protected by Pope, 380 - - ARIUS--heresy of, 23 - - AUGUSTINE, ST.--Manichæan, 24; - denounces religious liberty, 25 et seq. - - AURELIAN, 21 - - AUTOS DE FÉ--the first in Seville, 116 et seq.; - the second, _ib._, 126; - Voltaire on, 201; - where to be held, 205; - in Toledo, 244; - described, 247 et seq.; - ceremonial with clerics, 252; - ceremonial with deceased, 254; - in Rome, 391 - - AVILA--Monastery of St. Thomas built by Torquemada, 262; - Auto de Fé in, 343; - feeling against Jews, 344 - - AVILA, ANTONIO DE--attends Yucé Franco, 286 - - - BAJAZET, SULTAN--on banishment of Jews from Spain, 375 - - BARCELONA--resists Torquemada’s authority, 231 - - BARCO, LOPEZ DE--109 - - BARROSO, PEDRO (Archbishop of Seville)--suspends Martinez, 83 - - BELTRANEJA, LA--bastard daughter of Juana of Portugal, 54 - - BERBER TARIK--invades Peninsula, 51 - - BERNALDEZ, ANDRÉS--on Isabella’s moral reforms, 65; - on introduction of Inquisition, 70; - on Jews, 95; - on Susan, 116; - on _Quemadero_, 128; - on banishment of Jews, 368, 370; - baptizes Jews, 374 - - BERNARDONE, FRANCESCO--goes to Rome, 39 - - BOBADILLA, BEATRIZ DE--61; - escapes from Segovia, 62 - - BOBADILLA, PEDRO DE--seized by Maldonado, 61 - - BORGIA, RODRIGO--Cardinal of Valencia, 133; - becomes Pope, 377 (see Alexander VI.) - - BORGIA OF MONREALE--Cardinal, 380 - - - CABALLERIA, ALONSO DE--in council of Tarragona, 216; - prosecuted by Inquisition, 224; - appeals to the Pope, 225 - - CABRERA, ANDRÉS DE--Seneschal of Segovia, 60; - conspired against, 61; - rescued by Isabella, 63 - - CALATRAVA, KNIGHTS OF--59 - - CALETRIDO, JUAN--spies upon Jews, 266 - - CANONICAL PURGATION--160 - - CARILLO, ALONSO--councillor of Suprema, 137; - in council of Tarragona, 216 - - CASAR DE PALOMERO--outrage upon crucifix at, 266 - - CATHARS--32 - - CEBRIAN, FR. ALONSO DE--appointed inquisitor by Pope, 131; - “_Centinela contra Judios_”--360 - - CHAMARRO, PRINCE--alleged letter of, 361 - - CLAUDIUS--expels Nazarenes from Rome, 19 - - CLEMENT VI, POPE--excommunicates persecutors of Jews, 81 - - COLUMBUS, CHRISTOPHER--discovers New World, 52 - - COLVERA, FR. JUAN--sent to Zaragoza, 221 - - CONSTANTINE--supported by Christians, 21; - embraces Christian Faith, 22 - - CORDOVA--tribunal established by Torquemada, 136 - - _Coroza_--for convicts of heresy, 209 - - _CORTES_--consider Jewish question, 208; - held at Tarragona, 215 - - - DECEASED--proceedings against, 161 - - DECIUS--21 - - DIEGO OF ARAGON--defeats Saracens, 52 - - DIOCLETIAN--21 - - DOMINIC, ST.--see GUZMAN - - DOMITIAN--persecutes Christians, 19 - - - ECIJA, CANON OF--see MARTINEZ, HERNANDO - - EFFIGIES BURNT--248 - - ELI, LEONARDO--arrested, 217 - - ENRIQUEZ, FR. ALONSO--sent to Yucé Franco, 286 - - ENRIQUEZ, FADRIQUE--his quarrel with Guzman, 57; - disobeys Isabella, 58; - banished, 59 - - ESPERANDEU, JUAN DE--conspires against Inquisition, 218; - murders Arbués, 219; - arrest and execution of, 221, 222 - - EYMERIC, NICOLAUS--“Directorium” of, 139; - quoted, 144 et seq.; - on abjuration, 148; - on canonical purgation, 160; - on children of heretics, 164; - enjoins guile, 174; - on torture, 184; - on _relapsos_, 200 - - - FAMILIARS OF THE HOLY OFFICE--227 - - FERDINAND OF ARAGON--marries Isabella, 52; - elected Grand-Master of Santiago, 60; - favours Inquisition, 98, 109; - attitude examined, 110; - protests to Pope, 132; - holds _Cortes_ at Tarragona, 215; - reluctant to expel Jews, 268; - in conquest of Granada, 356; - unable to resist Torquemada, 364; - rebuked by Torquemada, 367; - appeals against inquisitorial despotism, 385 - - FITA, FIDEL--publishes _dossier_ of Yucé Franco’s trial, 269 - - FRANCIS OF ASSISI, ST.--see BERNARDONE - - FRANCO, ALONSO--arrested, 289, 307; - incriminated by Yucé Franco, 315; - obtained consecrated wafer, 340; - confirms confessions made, 341; - burnt, 344 - - FRANCO, ÇA--arrested, 285; - examined, 313; - admissions of, 314; - confrontation of, 328; - further incriminated by Ocaña, 329; - tortured, 340; - burnt, 344 - - FRANCO, GARCIA--arrested, 289, 307; - incriminated by Yucé Franco, 315; - communicates with Yucé Franco, 323; - burnt, 344 - - FRANCO, JUAN--in Legend of _Santo Niño_, 272; - arrested, 289, 307; - incriminated by Yucé Franco, 315; - tortured, 324; - confrontation of, 328; - further admissions of, 328; - bound on rack, 341; - admits that he procured boy in Toledo, 342; - burnt, 344 - - FRANCO, LOPE--arrested, 289; - burnt, 344 - - FRANCO, MOSÉ--284; - deceased, 286, 307, 325 - - FRANCO, NICOLAO--Legate _a latere_, 98 - - FRANCO, YUCÉ--arrested, 285; - ill in prison, 286; - lured to betray himself, 287; - examined at Segovia, 292; - at Avila, 293; - indictment of, 294; - denies accusations, 296; - defended, 297; - unable to prove innocence, 302; - placed in communication with Benito Garcia, 303; - learns of his father’s arrest, 304; - examined in prison, 306; - confessions of, 308; - promised pardon, 310; - admits attending enchantment, 311; - further examined, 312; - admits witnessing crucifixion, 314; - further admissions of, 318; - explains statement made in Segovia, 322; - confrontation of, 327; - further incriminated by Ocaña, 329, 330; - incriminated by Benito Garcia, 330; - denies taking part in crucifixion, 332; - repudiates charges, 333; - questions asked him, 333; - impugns witnesses, 334; - confessions upon the rack, 336; - ratifies, 340; - abandoned by his advocate, 341; - burnt, 344 - - FRAZER, DR. J. G.--on ritual murder, 79 - - FREDERIC II, EMPEROR--and the friars preachers, 43; - excommunicated, 44 - - - GARCIA, BENITO--in Legend of _Santo Niño_, 271 et seq.; - arrest of, 282; - tortured, 283; - confesses to Judaizing, 284; - placed in communication with Yucé Franco, 303; - inveighs against Inquisitors, 304; - incriminated by Yucé Franco, 318; - tortured, 322; - confrontation of, 327; - incriminates Yucé Franco, 330; - further admissions of, 341; - burnt, 344 - - GRANADA--funds for war against, 150; - conquered, 356; - Holy Office established in, 376 - - GREGORY IX, POPE--gives stable form to Inquisition, 44 et seq. - - GRIBOURG, ABBÉ--353 - - GUEVÁRA, ALONSO DE--accuses Yucé Franco, 294; - furnished with evidence, 331; - submits proofs, 332; - petitions torture of Yucé Franco, 334; - petitions sentence, 342; - at Auto de Fé, 343 - - GUI, FR. BERNARD--his manual, 139 - - GUZMAN, DOMINGO DE (St. Dominic), goes to Rome, 38; - and the Albigensian heretics, 39; - founds order of preachers, 40 et seq.; - first ordained inquisitor, 42; - penitential garb prescribed by, 206 - - GUZMAN, RAMIRO DE--his quarrel with Enriquez, 57; - offends Isabella, 59 - - - HENRY II--sells Jews into slavery, 82 - - HENRY IV--his character, 53 - - HOLY OFFICE--see INQUISITION. - - HONORIUS III, POPE--creates the brotherhoods of St. Dominic and St. - Francis, 41; - protects Jews, 75 - - HUSSÉE, PRINCE--alleged letter of, 362 - - - INNOCENT III, POPE--and the Albigensian heretics, 32; - founds Inquisition, 33 et seq.; - papal luxury in his day, 37 - - INNOCENT VIII, POPE--inhibits proceedings against Caballeria, 225; - confirms Torquemada in his office, 232; - cancels briefs of absolution, 258; - issues bulls of absolution, 259; - simony of, 259; - bull of concerning Pico della Mirandola, 264 - - INQUISITION--founded, 33; - not concerned with Jews, 89 et seq.; - proposed to Isabella, 92; - established in Spain, 106; - inaugurated in Seville, 112; - espionage by, 126; - confiscations by, 141; - unstable form of, 135; - cupidity of, 161; - methods of procedure, 173 et seq.; - tortures employed by, 184 et seq.; - employs secular arm, 194 et seq.; - not favoured in Castile, 213; - power of, 214; - system of police, 227; - religious and political institution, 232; - expenses of, 237; - activity of, _ib._; - set up in Toledo, 239; - banner of, 249 - - ISABELLA THE CATHOLIC--51; - marries Ferdinand of Aragon, 52; - in war with Portugal, 54; - Pulgar’s portrait of, 54; - founds _Hermandad_, 56; - attitude towards the nobles, 57 et seq.; - banishes Enriquez, 59; - contrives Ferdinand’s election to Grand-Mastership of Santiago, 60; - quells riot in Segovia, 62; - restores order in Seville, 63; - revokes grants, 64; - controls mints, _ib._; - purifies court and convents, 65; - goes barefoot to thanksgiving-service, 66; - suppresses clerical usurpations, _ib._; - urged to deal with Judaizers, 88; - Inquisition proposed to her, 92; - rejects proposal, 97; - seeks conversion of Jews, 99; - influenced by Torquemada, 106; - last efforts of to avoid Inquisition, 107; - her antipathy to the Inquisition, 108; - her patience exhausted, 109; - attitude towards Inquisition, 110; - petitions Pope to establish court of appeal in Spain, 133; - petitions Pope to give the Inquisition a settled form, 135; - in conquest of Granada, 356; - unable to resist Torquemada, 364; - rebuked by Torquemada, 366 - - ISABELLA, THE INFANTA--at Segovia, 60 - - - JAEN--tribunal established at by - Torquemada, 136 - - JAIME DE NAVARRE--penanced by Inquisition, 224 - - JAMES THE APOSTLE, ST.--shrine at Compostella, 59; - his mission to Iberia, 73 - - JESUS CHRIST--iconography of, 20; - cited as authority for the burning of heretics, 206 - - JEWS IN SPAIN--71 et seq.; - attitude of Christians towards, 73; - their attitude towards Christians, 74; - their numbers in thirteenth century, 75; - control finances, 76; - their wealth and arrogance, 77; - accusations against, 78; - charged with ritual murder, 79; - massacred, 81; - sold into slavery 82; - synagogues demolished, 83; - massacred throughout Spain, 84; - driven to accept baptism, 85; - their privileges forfeited 86; - laws against them relaxed, 87; - tolerated in Rome, 91; - old repressive laws revived, 108; - when subject to inquisitorial jurisdiction, 141; - shatter a crucifix, 267; - popular feeling against, 356; - finance war of Granada, 356; - their expulsion urged by Torquemada, 357; - they plead with the Sovereigns, 358; - Dominicans preach against them, 359; - letter of, 361; - calumniated, 363; - appeals of, 365; - banished, 367 et seq.; - exploited, 368; - attempts to convert them, 369; - encouraged by their rabbis, 370; - exodus from Spain, 371; - their sufferings, 372; - apostates, 373 - - JUAN, PRINCE--illness of, 359 - - JUDAIZERS--93; - discovered, 101; - in Seville, 109, 111; - “edict of grace” to, 120; - trapped, 121; - signs by which known, 121 et seq.; - seek absolution in Rome, 132; - number convicted in Toledo, 256; - Auto of in Rome, 391 - - - LACHAVES, JUAN GUTIERREZ DE--appointed assessor, 136; - councillor of the Suprema, 137 - - LA GARDIA, THE HOLY CHILD OF--crucified, 269; - legend of, 271 et seq.; - “Testimonio” quoted, 276; - paternity of, 329; - why crucified, 337; - evidence considered, 346 et seq.; - discrepancies in evidence, 350 et seq.; - an operation in magic, 353; - worship of, 354 - - LA GARDIA, SACRISTAN OF--arrested, 346 - - LEA, H. C.--on “solicitation,” 172 - - LECKY, W. E. H.--on persecution, 9 - - LLORENTE, J. A.--sketch of career, 6 et seq.; - on ritual murder, 78; - on blood-lust of inquisitors, 117; - on _Quemadero_, 127; - on Torquemada, 136; - on “solicitation,” 171; - on trials in Zaragoza, 225; - on case of Aranda, 381; - on false witnesses, 388 - - LOEB, ISIDORE--his theory on the affair of La Gardia, 319, 348 - - - MALDONADO, ALONSO--conspires against Cabrera, 61 - - MANRIQUE, GOMEZ--arrests Toledo conspirators, 241 - - MANRIQUE, IÑIGO--appointed to assist Torquemada, 383 - - MARINÆUS, LUCIUS--on Isabella’s reforms, 69 - - MARTIN, ALONSO, reputed father of “_Santo Niño_,” 329 - - MARTINEZ, HERNANDO, Canon of Ecija, denounces Jews, 82; - defies authority, 83; - causes massacre in Seville, 84 - - MEDINA, JUAN RUIZ DE--109 - - MEDINA SIDONIA, DUKE OF--New-Christians shelter in his dominions, 112 - - MEDINA, TRISTAN DE--appointed assessor, 136; - councillor of the Suprema, 137 - - MENDOZA, PEDRO GONZALEZ DE--Primate of Spain, 97; - entrusted with conversion of Jews, 99; - introduction of Inquisition ascribed to, 100; - delegated to appoint inquisitors in Castile, 109; - instrumental in the proclamation of the “edict of grace,” 120 - - MENDOZA, SALAZAR DE--on foundation of Kingdom of Spain, 72; - ascribes introduction of Inquisition to Cardinal Mendoza, 100 - - MERLO, DIEGO DE--charged with conversion of Jews, 107 - - _MILITIA CHRISTI_--227 - - MONTERUBIO, FR. PEDRO DE--sent to Zaragoza, 221 - - MONTFORT, SIMON DE--33 - - MOORS--see MOSLEM - - MORENO, MARTINEZ--his “_Historia del Santo Niño_,” 269; - on miracles of “_Niño_,” 355 - - MORILLO, FR. MIGUEL--inquisitor in Seville, 109; - vindictive procedure of, 116; - his hatred of the Jews, 126; - Pope protests against his rigour, 128; - confirmed in office by Torquemada, 136 - - MORISCOES--immunity enjoyed by, 376 - - MOSLEM--in Peninsula, 89; - banished, 375; - in Granada, 376 - - - _NEGATIVOS_--194; - deemed impenitent, 197 - - NERO--persecutes Christians, 19 - - NEW-CHRISTIANS--87; - objects of malevolence, 93; - in offices of eminence, 94; - fly from Seville, 112; - terrorized, 114; - their peril, 125; - seek refuge in Rome, 128; - complain to Pope, 129; - in Aragon, 215; - appeal against tribunal of Zaragoza, 216; - their despair, 217; - their panic in Zaragoza, 223; - seek secret absolutions, 257; - swindled, 258 - - NICÆA--Council of, 23 - - - OCAÑA, JUAN DE--incriminated by Benito Garcia, 284; - arrested, 286; - incriminated by Yucé Franco, 318; - tortured, 324; - confrontation of, 327; - further incriminates Yucé and Ça Franco, 329, 330; - further admissions of, 341; - burnt, 344 - - OJEDA, FR. ALONSO DE--urges establishment of Inquisition, 93; - resisted by Isabella, 97; - renews efforts, 98; - supplied with fresh argument, 101; - charged with conversion of Jews, 107; - at burning of Susan, 117; - dies of plague, 118 - - OPTATUS--urges massacre of the Donatists, 25 - - OROZCO, SEBASTIAN DE--239; - on plot in Toledo, 241; - on first Auto de Fé in Toledo, 244 - - ORTEGA, JUAN--organizes _Hermandad_, 56 - - - PANTIGOSO, JUAN DE--Yucé Franco’s advocate, 297 - - PARAMO, LUDOVICUS Á--on source of Inquisition, 17; - ascribes to Mendoza introduction of Inquisition to Castile, 100 - - PECUNIARY PENANCES, 150 - - PEGNA, FRANCESCO, the scholiast, 143; - on canonical purgation, 160; - on children of heretics, 164; - on examination of accused, 173; - enjoins guile, 174 et seq.; - his honesty, 180; - on torture, 185; - on execution of innocent men, 197; - on formal intercession, 204; - on Auto de Fé, 205 - - PELAGIUS--heresy of, 24 - - PENITENTIARIES--ordered by Torquemada, 237 - - PEREJON, DAVID--in affair of La Gardia, 318, 325 - - PICO DELLA MIRANDOLA, GIOVANNI--eludes Inquisition, 264 - - PIUS IX, POPE--canonizes Arbués, 230 - - PRISCILLIAN--burnt, 27 - - PULGAR, HERNANDO DEL--on state of Castile, 53; - on Isabella’s reforms, 69; - on judaizing, 71; - a New-Christian, 94; - on Mendoza’s catechism, 100 - - - _QUEMADERO_--built, 127; - demolished by Bonaparte’s soldiers, 128 - - QUINTANILLA, ALONSO DE--Isabella’s chancellor, 56 - - - RAYMOND OF TOULOUSE--33 - - _RELAPSOS_--149, 194; - defined, 198 - - RIARIO, RAFFAELE,--67 - - RIBERA, HERNANDO DE--in affair of La Gardia, 291, 326; - convicted, 347 - - RIOS, AMADOR DE LOS--on first appearance of Jews in Spain, 73; - on Jewish community in thirteenth century, 75; - on ritual murder, 80; - on Susan’s daughter 115; - on banishment of Jews, 369 - - RITUAL MURDER--charges of, 78 et seq. - - RODRIGO, F. J. GARCIA--8; - on Susan’s conspiracy, 116; - on _Quemadero_, 128; - on torture, 187; - on prisons, 263; - on fanaticism, 393 - - RULE, DR. W. H.--8, 31; - on _Quemadero_, 128 - - - ST. HILAIRE, ROSSEEUW--on Torquemada, 6; - on Isabella’s reforms, 69 - - ST. PETER THE MARTYR--Confraternity of, 117, 227 - - _Sanbenito_--revived by Torquemada, 149; - its origin and history, 206 et seq.; - considered salutary by Torquemada, 209; - its various forms, 209; - preserved after Autos de Fé, 255 - - SANÇ--Yucé Franco’s attorney, 297; - abandons case, 341 - - SANCHEZ DE LA FUENTE, FRANCISCO--appointed assistant to - Torquemada, 383 - - SANCHEZ, GUILLERME--procures his brother’s release, 226; - arrested, 227 - - SANCHEZ, JUAN PEDRO--conspires against Inquisition, 217; - burnt in effigy, 222; - arrested in Toulouse, 226; - released, 226; - his befrienders arrested, 227 - - SAN MARTINO, FR. JUAN DE--inquisitor in Seville, 109; - vindictive procedure of, 116; - hatred of Jews, 126; - Pope protests against rigour of, 128; - confirmed in office by Torquemada, 136 - - SANTA CRUZ, GASPAR DE--escapes to Toulouse, 228; - amends imposed upon his son, 228 - - SANTANGEL, LUIS DE--conspires against Inquisition, 217; - arrested, 221 - - SANTIAGO--Knights of, 59; - Grand-Mastership of, 60 - - SANTILLANA, FRANCISCO DE--106 - - SANTO DOMINGO, FR. FERNANDO DE--delegated to try affair of La - Gardia, 289; - at Auto de Fé, 343 - - _SANTO NIÑO_--see La Gardia, Holy Child of - - SAULI, MANUEL--conspires, 115; - burnt, 116 - - SECRET ABSOLUTIONS--257; - bulls of, 251 - - SECULAR ARM--euphemistic expression, 194; - abandonment to, 204 - - SEGOVIA--riots in, 60 - - SENEOR, ABRAHAM--365 - - SEVILLE--visited by Isabella, 63; - judaizing in, 109, 111; - Inquisition established in, 114 et seq.; - first burnings in, 118; - numerous arrests in, 119; - number burnt in, 127; - permanent tribunal established in by Torquemada, 136 - - SILICEO, CARDINAL JUAN MARTINEZ--discovers Jewish letter, 361 - - SIXTUS IV, POPE--opposed by Isabella, 67; - orders Inquisition, 89; - grants bull for establishment of Inquisition in Castile, 107; - protests against rigour of Seville inquisitors, 128; - revokes right of Sovereigns to appoint inquisitors, 129; - appoints inquisitors, 131; - letter of to Isabella, 133 - - SOLARES, ALFONSO,--380 - - “SOLICITATION”--sin of, 169 - - SOLIS, ALONSO DE--charged with conversion of Jews, 107 - - SUAREZ DE FUENTELSAZ, ALONSO--appointed assistant to Torquemada, 383; - virtually supersedes Torquemada, 384 - - SUPREMA, COUNCIL OF--137 - - SUSAN, DIEGO DE--conspiracy of, 114; - betrayed by his daughter, 115; - burnt, 116 et seq. - - - TABLADA--meadows of, 118; - permanent burning platform erected there, 127 - - TAZARTE, YUCÉ--procures consecrated wafer, 306; - enchantment performed by, 308; - his sorceries examined, 320 - - TERUEL--in revolt, 231 - - TOLEDO--tribunal established in, 136, 239; - plot against Inquisition in, 240; - activity of Inquisition in, 243; - first Auto de Fé in, 244; - second Auto in 246; - secular arm, 247; - burning-place of, 251; - further Autos in, 252 et seq.; - Judaizers convicted in, 256 - - TORQUEMADA, FR. JUAN DE (Cardinal of San Sisto)--94, 104 - - TORQUEMADA, LOPE ALONSO DE--104 - - TORQUEMADA, PERO FERNANDEZ DE--105 - - TORQUEMADA, FR. TOMÁS DE--advocates Inquisition, 102; - his name and family, 104; - Prior of Santa Cruz, 105; - Isabella’s confessor, 105; - influence with Isabella, 106; - asceticism of, 106; - withdraws to Segovia, 107; - delegated to appoint inquisitors in Castile, 109; - appointed inquisitor by Pope, 131; - created Grand-Inquisitor of Spain, 135; - reconstitutes the Holy Office, 136; - president of the Suprema, 137; - assembles his subaltern inquisitors, 138; - formulates his code, 142; - the articles of his first “instructions,” 144 et seq.; - revives _sanbenito_, 149 and 209; - decrees “secrecy,” 157; - on prosecution of the dead, 161; - seeks to extend inquisitorial jurisdiction, 168; - on _negativos_, 197; - on _relapsos_, 200; - his power, 214; - stirs Aragonese tribunal into activity, 215; - convenes council at Tarragona, 216; - delegates Arbués and Yuglar, 217; - his action on murder of Arbués, 221; - orders proclamation of Autos, 222; - attempts to withstand papal authority, 225; - resisted in Aragon, 231; - his decrees of 1485, 233; - ordered by Pope to re-edit his “code of terror,” 235; - his decrees of 1488, 236; - orders building of penitentiaries, 237; - renders delation compulsory, 242; - his fanatical hatred of Jews, 243; - complaints of his rigour, 256; - resents papal interference, 257; - protests to Pope, 260; - his wealth, 260; - his character, 261; - treatment of his sister, 261; - builds Monastery of St. Thomas, 262; - fanaticism of, 263; - arrogance of, 264; - violates equity, 266; - urges expulsion of Jews, 268; - accused of inventing affair of La Gardia, 269; - intends to direct trial of Y. Franco, 288; - entrusts this to his delegates, 289; - goes to Andalusia, 292; - in connection with affair of La Gardia, 353; - exploits the affair, 354, 356; - advocates banishment of Jews, 357, 363; - purity of his aims, 364; - rebukes Sovereigns, 366; - desires conversion of Jews, 369; - irresistible, 374; - his service to Spain, 376; - confirmed in office by Alexander VI., 377; - protests against papal briefs, 378; - his enemies increasing, _ib._; - ascendancy of, 379; - prosecutes bishops, 380; - appeals to Pope against him, 382; - his power curtailed, 383; - virtually superseded, 384; - crippled by gout, 385; - last “instructions” of, 386 et seq.; - his death, 392; - his epitaph, 394 - - TORRALBA, BARTOLOMÉ--conspires, 115; - burnt, 116 - - TORRE, DE LA--conspires, 240; - arrested, 241 - - TORREJONCILLO, FR. FRANCISCO DE--scurrilous publication of, 360 - - TORTURE--by inquisitors, 155; - when employed, 184 et seq.; - the five degrees of, 188; - engines employed, 189 et seq.; - ratification of confession, 192 - - TRASMIERA, DIEGO GARCIA DE--in praise of “secrecy,” 157; - on Mercy and Justice, 211; - on murder of Arbués, 221; - on Autos de Fé, 222 - - TRIANA, CASTLE OF--prison of the Inquisition, 119 - - URANSO, VIDAL DE--conspires against Inquisition, 218; - murders Arbués, 219; - put to torture, 221; - his confession betrays all sympathizers, 222 - - - VAL, DOMINGO DE--crucified by Jews, 78 - - VALENCIA--resists Inquisition, 231; - attempted crucifixion in, 360 - - VALENCIA, PONCIO DE--councillor of Suprema, 137 - - VALENCIA, CAPTAIN-GENERAL OF--humiliated, 264 - - VALERIAN--21 - - VAUDOIS--see WALDENSES - - VAZQUEZ, MARTIN--Yucé Franco’s advocate, 297 - - VEGAS, DAMIANO DE--his “Memoria” of the _Santo Niño_, 269 - - _VERGUENZA_--244 - - VILLADA, DR. PEDRO DE--Provisor of Astorga, 282; - examines Benito Garcia, 283; - delegated to try affair of La Gardia, 289; - visits Yucé Franco in prison, 306; - enjoins Yucé Franco to make full confession, 316; - at Auto de Fé, 343 - - VILLA REAL--tribunal established in by Torquemada, 136 - - VINCENT FERRER, ST.--converts Jews, 85 - - VOLTAIRE--on Auto de Fé, 201 - - - WALDENSES--32 - - WENDLAND, P.--on ritual murder, 80 - - - XIMENES DE CISNEROS, FRANCISCO--385 - - - YUSUF BEN TECHUFIN--defeats Christians, 52 - - - _Zamarra_--see _Sanbenito_ - - ZARAGOZA--Inquisition established in, 216; - first Auto held in, 217; - riot in, 220; - Autos during 1486 in, 222; - reign of terror in, 223 - - ZOSIMUS, POPE--banishes Pelagius, 24 - - - _Printed in Great Britain by Hazell, Watson & Vincy, Ld., - London and Aylesbury._ - - - - -FOOTNOTES: - -[1] Paramo, “De Origine et Progressu Sanctæ Inquisitionis,” p. 588. - -[2] Possibly the images of the Saviour prevalent in the third century -may have contributed to the apparent fitness of this. For at this -epoch--and for some three hundred years after--these images embodied -the Greek ideas of divinity; they represented Christ as a youth of -superb grace and beauty, and they appear largely to have been founded -upon the conceptions of Orpheus. Indeed, in one representation which -has survived, we see Him as a beardless adolescent, seated upon a -mountain, grasping an instrument with whose music he has charmed -the wild beasts assembled below. Another picture in the catacombs -(included in the illustrations of Didron’s “Iconographie Chrétienne”), -representing Him as the Good Shepherd, depicts a vigorous youth, -beardless and with short hair, in a tunic descending to the knees; His -left hand supporting a lamb which is placed across His shoulders, His -right holding a shepherd’s pipe. - -That such pictures were not accepted as portraits by the fathers, but -merely as idealistic representations, is clear from the disputes which -arose in the second century (and were still alive in the eighteenth) -on the subject of Christ’s personal appearance. St. Justin argued -that to render His sacrifice more touching He must have put on the -most abject of human shapes; and St. Cyril, also holding this view, -uncompromisingly pronounced Him “the ugliest of the sons of men.” But -others, imbued with the old Greek notions that beauty was in itself a -mark of divinity, protested: “If He is not beautiful, then He is not -God.” - -St. Augustine formally states that no knowledge existed in his day (the -fourth century) of the features of either the Saviour or His Mother. -“Nam et ipsius Dominicæ facies carnis, innumerabilium cogitationum -diversitate variatur et fingitur, quæ tamen una erat, quæcumque -erat.... Neque enim novimus faciem Virginis Mariæ. Nec novimus omnino, -nec credimus” (“De Trinitate,” lib. viii. cap. 4). - -It is clear, therefore, that the two miraculous portraits were not -known in St. Augustine’s time--_i.e._ the Veronica, or the Holy Face -(which is preserved at St. Peter’s, Rome), and another portrait of -similar origin, which it was alleged Christ had, Himself, impressed -upon a cloth and sent to Abgarus, Prince of Edessa (as related by St. -John of Damascus, in the eighth century). To preserve it, Abgarus -glued the cloth upon wood, and thus it came later to Constantinople -and thence to Rome, where it is still believed to be treasured in the -Church of St. Sylvester in Capite. - -These portraits, and still more a letter purporting to have been -written to the Roman Senate by Lentulus (who was pro-consul in Judea -before Herod) and believed to have been forged to combat the generally -repugnant theory that Christ was ugly and deformed (“sine decore et -specie”), supply the materials for the representations with which we -are to-day familiar. That letter contained the following description: - -“At this time there appeared a man who is still living and who is -gifted with great power. His name is Jesus Christ. His disciples call -him the Son of God; others consider him a mighty prophet.... He is tall -of stature and his countenance is severe and full of power, so that -to look upon him is to love and to fear him. The hair of his head is -of the colour of wine; as far as the roots of the ears it is dull and -straight, but from the ears to the shoulders it is curled and glossy; -from the shoulders it falls over the back, divided into two parts, -after the manner of the Nazarenes. His brow is pure and level; his -countenance is without blemish and delicately tinted; his expression -is gentle and gracious; his nose and mouth are of perfect beauty; his -beard is copious, of the colour of his hair, and forked. His eyes are -blue and extremely bright. His face is of marvellous grace and majesty. -None has ever seen him laugh, but rather weeping. Erect of body, he -has long, straight hands and beautiful arms. In speech he is grave and -weighty, and sparing of words. He is the most beautiful of the sons of -men (Pulcherrimus vultu inter homines satos).” - -It is clear, however, that there was no knowledge either of this -description or of the miraculous portraits mentioned as late as the -fourth and fifth centuries, during which Christ continued to be -represented as the lithe, beardless adolescent. And it is no doubt by -these representations that Michelangelo was inspired to present Christ -in “The Last Judgment” in a manner so unusual and startling to modern -eyes. - -Similarly there were no portraits of the Virgin Mary, and it is fairly -established that none came into existence until after the Council of -Ephesus, and that some seven pictures attributed to St. Luke--four -of which are in Rome--are the work of an eleventh-century Florentine -painter named Luca. - -Whilst on the subject it may be added that the crucifix, as the emblem -of Christianity, was not introduced until the seventh century, when it -was established by the Quinisexte Council at Constantinople. Its nature -rendered its earlier adoption dangerous, if not impossible; since--as -the familiar Roman gallows--it was liable to provoke the scorn and -derision of the people. - -For further information on this subject see Emeric-David, “Histoire de -la Peinture,” A. N. Didron, “Iconographie Chrétienne,” and Marangoni, -“Istoria della Capella di Sancta Sanctorum.” - -[3] IX. of the Theodosian Code. - -[4] Epist. clxvi. - -[5] “History of Rationalism in Europe,” vol. ii. p. 8. - -[6] The decretal of Siricius, five years after the execution of -Priscillian, strictly enjoined celibacy on all in holy orders above -the rank of a sub-deacon, and dissolved all marriages of the clergy -existing at the time. Leo the Great, in the middle of the fifth -century, further extended the rule so as to include the sub-deacons -hitherto excepted. This was largely the cause of the split that -occurred between the Greek and Latin Churches. - -[7] See E. C. H. Babut, “Priscillian et le Priscilliantisme.” - -[8] “History of the Inquisition,” vol. i. p. 14. - -[9] And yet Dr. Rule’s statement is perilously akin to a truth untruly -told, for the persecuting spirit, which is the impugnable quality -of the Holy Office, has been present in other churches than that of -Rome--_vide_ the Elizabethan persecution of all who were not members of -the Anglican Church. - -[10] See C. Douais, “Les Hérétiques du Midi au XIII^e Siècle.” - -[11] Eymericus, “Directorium Inquisitorum,” p. 58. - -[12] Concilium Avenionense, A.D. 1209. - -[13] Eymericus, “Directorium Inquisitorum,” p. 60. - -[14] “Concilium Lateranense IV,” A.D. 1215. - -[15] See Cæsar, “De Bello Gallico,” p 13., libca vi. - -[16] “Paradiso,” C. xi. v. 37-39. - -[17] - - “Ma il suo peculio di nuova vivanda - E’ fatto ghiotto si, ch’ esser non puote - Che per diversi salti non si spanda; - - “E quanto le sue pecore remote - E vagabonde più da esso vanno, - Più tornano all’ ovil di latte vote.” - - DANTE, “Paradiso,” C. xi. v. 124-9. - - -[18] Limborch, “Historia Inquisitionis,” lib. i. cap. 12. - -[19] Limborch, “Historia Inquisitionis,” lib. i. cap. 12. - -[20] 1231, N. 14, 16-17. - -[21] Or, say, 1½ ft. by 1, ft. - -[22] Llorente, “Historia Critica,” i. p. 135. Raynaldus 1233. - -[23] Pulgar, “Chronica,” Part II. cap. li. - -[24] Pulgar, “Cronica,” II. capzz. iv. - -[25] Pulgar, “Cronica,” II. cap c. - -[26] The Jesuit Mariana is among those who doubt the story of St. -James’s visit to Spain and the presence of his body at Compostella, but -he considers that “it is not desirable to disturb with such disputes -the devotion of the people.”--“Hist. General de España.” - -[27] Colmenares, “Historia de Segovia,” cap. xxxiv, §§ xii and xiii; -Pulgar, “Cronica,” II. cap. lix. - -[28] Cap. cc. Bernaldez was the parish priest of Palacios at the time -of the Queen’s death. He has left us a rather intimate history of the -Catholic Sovereigns, fairly rich in vivid detail. - -[29] “Hizo corrigir y castigar la gran disolucion y dishonestidad -que habian en sus reinos cuando comenzó de reinar entre los frailes -y monjas de todas las ordenes, y fizo encerrar las monjas de muchos -monasterios que vivian muy dishonestas, asi en Castilla como en los -reynos de Aragon y Cataluña.”--BERNALDEZ, “Historia de los Reyes -Catolicos,” cap. cc. - -[30] St. Helena’s memory was prominently before the public attention -just then, owing to the discovery in Rome of a silver box containing -what was alleged to be the label that had been hung upon the Cross. Its -recovery from the Holy Land was, of course, attributed to St. Helena, -and it was supposed that it had been brought by her to Rome. - -[31] The ducat was worth 7_s._ 6_d._ of our present money, with fully -five times the purchasing power of that sum; so that, roughly, this -would be equivalent to-day to £200,000. - -[32] Salazar de Mendoza, “Cronica del Gran Cardenal,” I. cap. lii. - -[33] “Histoire d’Espagne,” tom. v. p. 432. - -[34] “Historia General de España,” lib. xxiv. cap. xvii. - -[35] “Chronica de los Reyes Catholicos,” Pt. II. cap. lxxvi. - -[36] To Judaize (_Judaizar_) was to embrace the Mosaic law, and the -term was applied particularly to the relapse of those who had been -converted to Christianity. - -[37] Toledo, Mendoza tells us, was founded by Hercules, who sailed to -Spain in the ship _Argo_. - -[38] Tomás Tamayo de Vargas maintains that the Jews in Toledo at the -time of the Crucifixion sent a letter of warning and disapproval -to their brethren in Jerusalem. This letter--which it is alleged -was translated into Castilian when Toledo fell into the hands of -Alfonso VI--the historian quotes. Amador de los Rios, in his able and -exhaustive history of the Jews in Spain, pronounces the document to -have been manufactured to impose upon the credulity of the ignorant, -since to any one acquainted with the growth and development of the -Castilian language a glance is sufficient to prove its apocryphal -character. - -It is in this letter that the legend of the Jewish incursion into -Spain after the fall of Babylon has its roots. It concludes with the -following statement: “... You know that it is certain your temple must -soon be destroyed, for which reason our forefathers, upon issuing from -the Babylonian captivity, would not return to Jerusalem, but with -Pyrrhus for their captain--sent by Cyrus, who gave them many riches -taken from Babylon in the year 69 of the captivity--they came to Toledo -and built here a great aljama.” - -[39] “Historia de los Judios en España,” vol. i. pp. 28, 29. - -[40] A case is at present before the Russian law courts, arising out of -a charge of this nature urged by an officer of police. - -[41] Rios, “Hist. de los Judios,” i. cap. x. - -[42] See also Torrejoncillo’s “Centinela contra Judios.” - -[43] This engrossing subject is exhaustively treated with great force -and suggestiveness by J. G. Frazer in “The Golden Bough,” bk. iii. cap. -iii., and also by P. Wendland in “Jesus als Saturnalien-König.” - -[44] The decree is quoted by Amador de los Rios in “Historia de los -Judios de España y Portugal,” vol. ii. p. 571. - -[45] See Ortiz de Zuñiga, “Anales de Sevilla,” under _año_ 1391. - -[46] See Rosseeuw St. Hilaire, “Hist. d’Espagne,” liv. xix. chap. I. - -[47] “Chronica,” II. cap. lxxvi. - -[48] See Gregorovius, “Geschichte der Stadt Rom,” bk. ix. cap. ii. - -[49] Pulgar, “Chronica,” II. cap. lxxvi. - -[50] In “Claros Varones de España,” Pulgar says that even in the -veins of her sometime confessor, Frey Juan de Torquemada, Cardinal -of San Sisto, there was a strain of Jewish blood. But the authority -is insufficient, and Pulgar, himself a New-Christian, is perhaps -anxious to include as many illustrious men of his day as possible in -the New-Christian ranks. Zurita, on the other hand, says that the -Cardinal’s nephew, Fr. Thomas de Torquemada, the Grand Inquisitor, was -of “clean blood”--de limpia linaje (lib. xx. cap. xlix.). The term -“clean” in this connection arose out of the popular conception that the -blood of a Jew was a dark-hued fluid, distinguishable from the bright -red blood of the Christian. - -[51] Bernaldez, “Historia de los Reyes Catholicos,” cap. xliii: “Modo -de vivir de los Judios.” - -[52] “Anales,” lib. xii. año 1478. - -[53] “Chronica,” II. cap. lxxvii. - -[54] “De Origine et Progressu Sanctæ Inquisitionis,” lib. ii. tit. ii. -cap. iii. - -[55] The “relapsos”--of whom we shall hear more presently--were those -who, having been converted to Christianity, were guilty of relapsing -into Judaism. - -[56] Paramo, “De Origine,” lib. ii. tit. ii. cap. iii.; Zuniga, -“Anales,” 1477. - -[57] “Anales,” cap. ii. 10. - -[58] “Historia Verdadera de la Inquisicion,” by D. F. J. G. Rodrigo, -vol. ii. p. 111. This history is to be read with the greatest caution. -It is an attempt to justify the Inquisition and to combat Llorente’s -writings; in his endeavours to achieve this object the author is a -little reckless and negligent of exactitude. - -[59] Paramo, p. 157, and Hernando de Castillo in “Historia de Santo -Domingo y de su Orden,” part iii. cap. lxxiv. - -[60] “Coronica de los Moros de España,” p. 879. - -[61] Llorente, “Anales,” cap. ii. § 14. - -[62] “Historic Verdadera,” ii. p. 71. - -[63] Mendoza, “Monarquia de España,” iii. p. 336. Bleda says that there -were 100,000 apostates in that diocese (“Coronica de los Moros,” p. -880). - -[64] Zuñiga, “Anales,” lib. xii. año 1480. - -[65] Bernaldez, cap. xliv.; Garcia Rodrigo, i. cap. xx.; Amador de los -Rios, “Historia de los Judios,” lib. iii. cap. v. - -Amador de los Rios adds in a foot-note, on the score of this girl: “Don -Reginaldo Rubino, Bishop of Tiberiades, informed of the delation and of -the state of la Fermosa Fembra, contrived that she should enter one of -the convents of the city to take the veil. But dominated by her sensual -passions, she quitted the convent without professing, and bore several -children. Her beauty having been dissipated by age, want overtook the -unnatural daughter of the millionaire Diego de Susan, and in the end -she died under the protection of a grocer. In her will she disposed -that her skull should be placed over the doorway of the house in which -she had pursued her evil life as an example and in punishment of her -sins. This house is situated in the Calle de Ataúd, opposite to its -entrance from the direction of the Alcazar, and there the skull of la -Fermosa Fembra has continued until our own times.” - -[66] Llorente says “January 6,” an obvious mistake considering that the -inquisitors published their first edict on the 2nd of that month, and -that Susan’s offence was subsequent to that publication. - -[67] See Garcia Rodrigo, vol. i. cap. xx. - -[68] Bernaldez tells us (cap. xliv.) that in the town of Aracena alone, -where the Inquisitors sought refuge from the pestilence, they set up a -tribunal and burnt twenty-three persons alive in addition to the number -of bodies they exhumed for the purpose. - -[69] Bernaldez, cap. xliv.; Zuñiga, “Anales,” lib. xii. año 1481. - -[70] “Historia de los Reyes Catolicos,” cap. xliv. - -[71] See Llorente, “Historia Critica,” tom. i. p. 256 _et seq._ - -[72] Fidel Fita in “Boletin de la Real Academia de la Historia,” xxiii. -p. 370. - -[73] “Chronica,” part ii. cap. lxxvii. - -[74] This, however, is a statement in which a misconception seems -obvious. If the statues were of plaster (and it is Llorente himself -who says so) they would not have stood the heat of furnaces placed -beneath them. Moreover, since death in such ovens would have been more -lingering and painful than at the stake, it is difficult to think -upon what possible grounds, where all were equally guilty, any of -the condemned should have been relegated to this further degree of -torment, or--conversely--those who died at the stake should have been -spared it. Besides, it is to be remembered that it was desired, and -held desirable, that the victims should suffer in full view of the -faithful. But the mistake which has crept in can be indicated. What -Bernaldez actually says is: “Ficieron facer aquel quemadero en Tablado -con aquellos quatro profetas de yeso en que los quemaban.” The “en -que” may refer either to the Quemadero generally or to the statues -in particular. But there can be little doubt that it refers to the -Quemadero, and that Llorente was mistaken in assuming it to refer to -the statues. - -A curious instance of adapting the shape of a fact so that it will fit -the idea to be conveyed is afforded in this connection by Dr. Rule, -who calmly alters the substance of the statues, translating _yeso_ as -“limestone.” “Hist. of the Inquisition,” vol. i. p. 134. - -[75] Garcia Rodrigo tells us that the architect of this elaborate -altar of intolerance was a New-Christian of such zeal that he found -employment in the Holy Office as one of its receivers, but that being -discovered in Judaizing practices he was himself burnt on the Quemadero -he had erected. No authority is furnished for the story, nor does -Llorante mention it, and one is inclined to place it in the category of -fables such as that which relates how the first head to be shorn off by -the guillotine was that of its inventor, Dr. Guillotin. - -[76] Paramo, “De Origine,” p. 133. Llorente quotes this brief from -Lumbreras, adding that the original is in the royal library. See his -“Memoria Historica,” p. 260. - -[77] “... e fueron aplicados todos sus bienes para la Camara del Rey y -de la Reyna, los cuales fueron en gran cantidad.”--Pulgar, “Cronica,” -cap. xcv. - -[78] Paramo, “De Origine,” p. 136. - -[79] See letter quoted in Appendix to Llorente’s “Memoria Historica.” - -[80] The bull of nomination is quoted in full by Paramo, “De Origine,” -p. 137. - -[81] “Hist. Critica,” tom. i. art. i. §. 2. - -[82] Afterwards Ciudad Real. - -[83] “Copilacion de las Instrucciones hechas, etc.” Press-mark C. 61. -e. 6. - -[84] Eymeric, “Directorium,” pars iii. Quæst. xli. _et seq._ - -[85] The compendious tome including these very ample annotations and -commentaries was published first in Rome, 1585. - -[86] Tennyson’s “Queen Mary,” Act V. sc. i. - -[87] See Eymeric, “Directorium,” pars iii. p. 315 _et seq._ - -[88] See Fidel Fita in “Boletín de la Real Academia de la Historia,” -vol. xi. p. 296. - -[89] “Vida de Arbués,” p. 56. - -It is interesting to turn to modern writers who defend this -secrecy--such, for instance, as the Rev. Sidney Smith, S.J., whose good -faith there is no cause to doubt. He writes as follows: “To pass over -the question of injury often done to the reputation of third parties, -it has occasionally been forced on public attention that crimes cannot -be put down because witnesses know that by giving evidence they expose -themselves to great risks, the accused having powerful friends to -execute vengeance in their behalf. This was exactly the case with -the Inquisition. The Marranos had great power through their wealth, -position, and secret bonds of alliance with the unconverted Jews. -These would certainly have endeavoured to neutralize the efforts of -the Holy Office had the trials been open. Torquemada, in his statutes -of 1484, gives expressly this defence of secrecy, etc.”--“The Spanish -Inquisition,” p 17, in “Historical Papers.” - -The argument is specious, and it is fundamentally true. But when it is -considered that the delator, so carefully screened from all danger, -was protected entirely at the expense of the accused, it becomes clear -that such a procedure must argue a reckless eagerness to accumulate -convictions. It suffices to reflect that, whilst all the arguments -advanced to justify this secrecy could with equal justice have been -urged by the contemporary civil courts of Europe, it is impossible to -point to a single one that had recourse to so inequitable a measure. -The inquisitorial point of view may be appreciated, even with a certain -sympathy, by the extremely tolerant. It cannot be justified. - -[90] “Directorium,” pars iii. p. 312. - -[91] “Historia Critica,” vol. ii. p. 15. - -[92] Pars iii. quæst. cxiv. and cxv. - -[93] See “Directorium,” pars iii. p. 387. - -[94] See Llorente’s “Historia Critica,” I. cap. xxviii. - -[95] “Las delaciones sobre solicitacion en el confessionario se deben -recibir con gran cuidado, haciendo que la denunciante declare todas las -circunstancias siguientes: - -“En que dia, hora y en que confessionario, si fué antes de la -confession ó despues, ó ella mediante; si estaba de rodillas y se -avia ya persignado, ó si simulaba confession, que palabras la dijo el -confessor, ó que acciones ejecutó, poniendo las palabras como ellas se -dixeron; quantas veces sucedió, y si despues la absolvió, si alguna -persona lo pude oir ó entender, ó si ella se lo ha dicho a alguien, y -si sabe que el dicho confessor ó otro aya solicitado a otras, ó si ella -ha sido solicitada por otro. Y declare la edad y señas personales del -dicho confessor, y tambien en caso de aver pasado tiempo del delito, -porque no lo ha delatado antes al Santo Oficio, y si sabe la residencia -del dicho confessor.” - -“Orden de Procesar,” compiled by Fr. P. Garcia, published by the Press -of the Holy Office, Valencia, 1736. - -[96] “Historia Critica,” I. cap. xxviii. - -[97] “History of the Spanish Inquisition,” vol. iv. p. 135. - -[98] “Historia Critica,” I. cap. xxviii. - -[99] Eymeric, pars iii. p. 286--“Modus interrogandi reum accustum.” - -[100] “Directorum,” pars. iii. Schol. xix. - -[101] Schol. xxvii (pars iii.). - -[102] “Directorium,” iii. p. 293. - -[103] Schol. xxix. (lib. iii.). - -[104] See “Directorium,” iii. Schol. xxix. - -[105] “Directorium,” iii. Schol. xxvi. - -[106] Schol. xxvi. lib. iii. - -[107] Pars iii. quæst. lxi. - -[108] Schol. cxviii.; lib. iii. - -[109] “Directorium,” pars iii. p. 313 _et seq._ - -[110] Schol. cxviii.; lib. iii. - -[111] “Historia Inquisitionis,” p. 332. - -[112] See, _inter alia_, Melgares Marin, “Procedimientos de la -Inquisicion,” i. p. 253. This author says that sometimes the patient -would be left hanging for as long as three hours. - -[113] See Melgares Marin, “Procedimientos,” i. p. 256. - -[114] Schol. cxviii. lib. iii. - -[115] “Directorium,” pars iii. quæst. lxxiii - -[116] “Directorium,” pars ii. quæst. xxxiv. - -[117] “Directorium,” iii. p. 338. - -[118] “Sed si fortassis per iniquos testis est convictus, ferat id æquo -animo ac lætatur quod pro veritatem patiatur.” “Directorium,” pars iii. -Schol. lxvi. - -[119] Schol. lxviii. pars iii. - -[120] Eymeric, lib. ii.; quæst. lviii. and Pegna, lib. ii.; Schol. lxiv. - -[121] Lib. iii. p. 331. - -[122] Lib. ii. Schol. lxiv. - -[123] Eymeric, lib. iii. p. 331. - -[124] See “Essai sur les Mœurs.” - -[125] “Rogamus tamen et efficaciter dictam curiam sæcularem quod, circa -te, citra sanguinis effusionem et mortis periculum sententiam suam -moderetur.”--“Directorium,” pars iii.--“Forma Ferendi Sententiam,” p. -549. - -[126] “Vida de Arbués,” p. 57. - -[127] Llorente, “Anales,” vol. i. p. 116. - -[128] Zurita, “Anales,” lib. xx. cap. lxv.; Amador de los Rios, -“Historia Social,” lib. iii. p. 262; Garcia de Trasmiera, “Vida de -Pedro Arbués.” - -[129] Llorente, “Anales,” vol. i. p. 181. - -[130] “Vida de Arbués,” p. 82. - -[131] Llorente, “Memoria Historica,” p. 112, and “Historia Critica,” -vol. i. p. 205. - -[132] “Historia Critica,” vol. ii. cap. vi. - -[133] “Historia Critica,” vol. ii. cap. vi. - -[134] Another advantage was that any member of this confraternity was -entitled to plead benefit of clergy, so that no civil court could take -proceedings against him. - -[135] See “Instrucciones hechas en 1485, etc.,” in the “Copilacion de -las Instrucciones.” - -[136] “Historia Verdadera,” vol. iii. p. 165. - -[137] “Historia de los Judios,” vol. iii. p. 272. - -[138] See “Instrucciones hechas en 1488, etc.,” in “Copilacion de las -Instrucciones.” - -[139] “Boletin de la Real Academia,” xi p. 296 _et seq._, which see, -and also Llorente, “Anales,” ii. 110 _et seq._ - -[140] “Quia si in virido ligno hæc faciunt, in arido quid fiet?” (Luke -xxiii. 31). See Garcia Rodrigo, “Hist. Verdadera,” i. p. 373. - -[141] Later on a cage was substituted for the stool. - -[142] See “Boletin,” xi. p. 310 _et seq._ - -[143] See “Anales” under the dates given. - -[144] “Boletin de la Academia, etc.,” vol. xi. p. 296 _et seq._ - -[145] Lumbreras, quoted by Llorente, “Anales,” i. p. 132. The bull is -quoted in full by M. Fidel Fita, “Boletin,” xvi. p. 315. - -[146] Llorente, “Historia Critica,” tom. ii. p. 118. - -[147] Lumbreras, quoted by Llorente, “Anales,” vol. i. p. III. - -[148] Lumbreras, quoted by Llorente in “Anales,” vol. i. p. 138. - -[149] “De Origine,” p. 276. - -[150] “Historia Critica,” tom. ii. p. 146. - -[151] Paramo, “De Origine,” p. 157. - -[152] See H. del Castillo, “Historia General de Santo Domingo.” - -[153] “Boletin de la Academia,” vol. xxiii. p. 413. - -[154] Castillo, “Historia de Sto. Domingo,” pt. i. p. 486. - -[155] Ariz, “Historia de Avila,” vol. i. p. 46. - -[156] Paramo, “De Origine,” p. 158. - -[157] “Historia Verdadera,” vol. ii. p. 115. - -[158] The case of the “Santo Niño of La Guardia.” - -[159] Fidel Fita in “Boletin,” vol. xvi. p. 315. - -[160] Llorente, “Anales,” vol. i. p. 168, and Torrejoncillo, “Centinela -contra Judios.” - -[161] Fidel Fita in “Boletin,” vol. xi. p. 160. - -[162] “Historia del Santo Niño,” p. 40. - -[163] “Rummage” is the only word that does justice to the original: -“El judio andaba buscando el corazon, revolviendo las entrañas con su -mano carniciera, y no lo hallando, le preguntó: ‘Que buscas, Judio? Si -buscas el corazon yerras buscandolo en esa parte, buscalo al otro lado -y lo incontrarás.’”--“Historia del Santo Niño,” p. 50. - -[164] “Historia del Santo Niño,” p. 95. - -[165] “Historia del Santo Niño,” p. 98 _et seq._ - -[166] There is a great deal more of this, but the alleged insults -become too obscene for translation. - -[167] But they did not find the body--a circumstance which appears to -be here slurred over. - -[168] Fidel Fita in “Boletin de la Real Academia,” vol. xi. p. 35. “Mas -de lo que sabia” is the actual and rather ambiguous phrase. It may mean -either that he had related more than was known to him at the time of -the torture--_i.e._ more than was actually true; or that he had said -more than he knew--_i.e._ more than he could recall--now, at the time -of his conversation with Yucé Franco. - -[169] See this upon his own word, as related in Yucé Franco’s -depositions (“Boletin,” xi. p. 35 _et seq._) and admitted by himself. - -[170] “Boletin,” xi. p. 60. - -[171] “... estava alli sobre una MITA de NAHAR que avido sido como de -la manera de OTOHAYS.” - -[172] See Loeb in “Revue des Etudes Juives,” vol. xv. p. 218. - -[173] This is not only in the depositions of Frey Alfonso Enriquez and -the physician Avila (“Boletin,” xi. pp. 56 and 57), but it is also -admitted and corroborated in detail by Yucé Franco himself in his -examination of September 16, 1491 (_ibid._ p. 58). - -[174] “Boletin,” vol. xxiii. p. 413. - -[175] “Boletin,” xi. p. 9. - -[176] “Boletin,” xi. p. 29. - -[177] By Eymeric in the “Directorium.” - -[178] “Boletin,” vol. xi. p. 13. - -[179] Such is the consistent but obviously inaccurate spelling of the -name. - -[180] “Boletin,” xi. p. 16. - -[181] “Boletin,” xi. p. 21. - -[182] “Boletin,” xi. p. 32. - -[183] _Ibid._ p. 46. - -[184] “Boletin,” xi. p. 32 _et seq._ - -[185] “Boletin,” xi. p. 46. - -[186] _Ibid._ p. 32. - -[187] _Ibid._ p. 46. - -[188] “Boletin,” xi. pp. 30-38. - -[189] _Ibid._ - -[190] _Ibid._ p. 31. - -[191] “Boletin,” xi. p. 39. - -[192] “E que lo diesen palabra e seguro de perdón e seguridad de todos -sus errores e de su persona e de su padre.” - -[193] “Que les plasia con tanto que en todo dixiese enteramente la -verdad, porque ellos bien conoscerian poco más ó menos si la diria.” - -[194] “Boletin,” xi. p. 26. - -[195] “Revue des Etudes Juives,” vol. xv. p. 232. - -[196] “Boletin,” xi. 52. - -[197] “Boletin,” xi. p. 55. - -[198] _Ibid._ p. 50. - -[199] “Boletin,” xi. p. 52. - -[200] _Ibid._ - -[201] Which was framed upon the sentence ultimately passed. - -[202] All this is contradicted by Juan Franco’s later confession that -he himself procured the child from Toledo, and brought him to the cave. -The name of the child’s father is as much a fiction as the rest of this -vindictive deposition. - -[203] “Boletin,” xi. p. 24. - -[204] “Boletin,” xi. p. 26. - -[205] “Boletin,” xi. p. 72. - -[206] _Ibid._ p. 78. - -[207] _Ibid._ p. 80. - -[208] “Boletin,” xi. p. 80. - -[209] _Ibid._ p. 87. - -[210] “Boletin,” xi. p. 91. - -[211] _Ibid._ p. 90. - -[212] _Ibid._ p. 91. - -[213] _Ibid._ p. 89. - -[214] “Boletin,” xi. p. 97. - -[215] “Boletin,” xi. p. 94. - -[216] _Ibid._ p. 421. - -[217] “Boletin,” xi. p. 113. - -[218] “Boletin,” xi. p. 421. - -[219] “Boletin,” xii. p. 169. - -[220] “Revue des Etudes Juives,” vol. xv. p. 232. - -[221] See “Boletin,” xiii. p. 113. - -[222] “Y se halló la verdad y demonstracion de todo ello.” - -[223] See the phrases quoted in the “Testimonio.” - -[224] “Historia del Martirio,” p. 83. - -[225] “Historia,” p. 146. - -[226] Amador de los Rios, “Historia de los Judios,” vol. iii. p. 292. - -[227] “Cronica,” cap. xlvi. - -[228] The castellano was worth 480 maravedis. - -[229] “Anales,” vol. i. p. 199. - -[230] See “Centinela,” p. 153. - -[231] See Llorente, “Anales,” vol. i. p. 196, and “Centinela,” p. 86. - -[232] See “Centinela,” p. 152. - -[233] Llorente, “Anales,” vol. i. p. 182. - -[234] Paramo, “De Origine,” p. 143; Llorente, “Historia Critica,” ii. -p. 114. - -[235] The edict is quoted in full in Appendix IV. of Amador de los -Rios’ “Historia de los Judios.” - -[236] See the text of the edict in Rios’ “Historia de los Judios,” -Appendix IV. - -[237] Amador de los Rios (iii. p. 310) very reasonably questions their -being permitted to take money in bills of exchange, although the -statement is contained in Bernaldez’ “Chronicle,” and is mentioned by -other contemporaries. - -[238] “Historia,” tom. i. cap. cx. - -[239] “Historia de los Judios,” vol. iii. p. 311. - -[240] Colmenares, “Hist. Segovia,” cap. xxxv. § ix. - -[241] “Historia,” tom. i. cap. cx. - -[242] Llorente, “Anales,” vol. i. p. 190. - -[243] Bernaldez, “Historia,” tom. i. p. 339. - -[244] “Historia,” tom. i. cap. cx. - -[245] The cruzado is of the value of a florin, but with the purchasing -power then of at least five times that sum. - -[246] “Historia,” tom. i. p. 344. - -[247] _Ibid._ p. 338. - -[248] Zurita, “Anales,” lib. i. cap. iv.; Salazar de Mendoza, -“Monarquia de España,” iii. p. 338. - -[249] “Historia,” lib. xxvi. cap. i. - -[250] See Amador de los Rios, “Historia de los Judios,” vol. iii. p. -316. - -[251] Paramo states that it was. See “De Origine,” p. 143, and also -Salazar de Mendoza, “Monarquia de España,” iii. p. 337. - -[252] Paramo, “De Origine,” p. 156. - -[253] “Historia Critica,” tom. ii. p. 125. - -[254] Colmenares, “Hist. Segovia,” cap. xxxv., and Paramo, “De -Origine,” lib. ii. cap. iv. Paramo says that the Bishop had “causa -propria” as well as the defence of his grandfather’s bones to take him -to Rome. - -[255] Burchard, “Diarium” (Thuasne Ed.), ii. p. 163. - -[256] Burchard, “Diarium” (Thuasne Ed.), ii. pp. 409 and 494. - -[257] Limborch, lib. xiv. cap. 41; Llorente, “Historia Critica,” tom. -ii. p. 126; Burchard, “Diarium,” ii. 494, iii. 13--. - -[258] Llorente, “Hist. Critica,” ii. p. 126. It was alleged against -Aranda that in the course of his Judaizing, when praying he would -always say “Gloria Patri” purposely omitting the “Filio et Spiritu -Sancto,” that he took food before celebrating Mass, that he ate meat on -Good Fridays and other days of abstinence, that he denied the efficacy -of indulgences, and did not believe in Hell or Purgatory, and much -else. See Burchard, “Diarium,” iii. p. 14. - -[259] “Anales,” tom. i. p. 214. - -[260] Paramo, “De Origine,” p. 156. - -[261] Lumbreras, quoted by Llorente, “Anales,” tom. i. p. 215. - -[262] Llorente, “Anales,” tom. i. p. 222. - -[263] Paramo, “De Origine,” p. 159. - -[264] “Historia Critica,” tom. ii. p. 77. - -[265] _Ibid._ ii. p. 78. - -[266] See “Copilacion de las Instrucciones,” under date. - -[267] This is the figure given by Burchard, and is the most -authoritative (“Diarium,” ii. 492). Llorente says “250,” and Sanuto -(“Diario,” i. col. 1029) “zercha 300 marrani.” - -[268] Llorente, “Anales,” tom. i. p. 238; Burchard, “Diarium,” ii. pp. -491-2. Sanuto the Venetian diarist reports the matter from letters -received from Rome with a sarcasm entirely characteristic: “The Pontiff -sent some 300 _marranos_ in penitence to the Minerva, dressed in -yellow, candle in hand: this was their public penance; the secret one -would be of their money....” (“Diario,” i. col. 1029). - -[269] Lumbreras, quoted by Llorente, “Anales,” tom. i. p. 238. - -[270] “History of Ferdinand and Isabella,” vol. i. p. 286. - -Llorente estimates the number of Torquemada’s victims at 8,800 burnt, -6,500 burnt in effigy, and 90,000 penanced in various degrees. These -figures, however, are unreliable and undoubtedly exaggerated, although -they are in themselves a correction of his earlier estimate, which -fixes the number of burnt at upwards of 10,000--an estimate flagrantly -preferred by Dr. Rule and other partisan writers on the subject. - -[271] “Hist. Verdadera,” vol. ii, p. 113. - -[272] Paramo, “De Origine,” p. 159. - - -[Transcriber’s Note: - -Inconsistent spelling and hyphenation are as in the original.] - - - - - -End of the Project Gutenberg EBook of Torquemada and the Spanish Inquisition, by -Rafael Sabatini - -*** END OF THIS PROJECT GUTENBERG EBOOK TORQUEMADA, SPANISH INQUISITION *** - -***** This file should be named 53021-0.txt or 53021-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/3/0/2/53021/ - -Produced by Josep Cols Canals, Wayne Hammond and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/Canadian Libraries) - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: Torquemada and the Spanish Inquisition - A History - -Author: Rafael Sabatini - -Release Date: September 9, 2016 [EBook #53021] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK TORQUEMADA, SPANISH INQUISITION *** - - - - -Produced by Josep Cols Canals, Wayne Hammond and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/Canadian Libraries) - - - - - - -</pre> - - -<div id="coverpage"> -<img class="bbox" src="images/cover.jpg" alt="" /> -<span class="pagenum" id="Page_1">1</span> -</div> - -<div class="transnote"> - -<h3>Transcriber's Note:</h3> - -<p>This project uses utf-8 encoded characters. If some characters are -not readable, check your settings of your browser to ensure you have a -default font installed that can display utf-8 characters.</p> - -</div> - -<p class="ph1">TORQUEMADA<br /> -<span class="pagenum" id="Page_2">2</span><br /> - -<span class="large"><i>UNIFORM CHEAPER EDITIONS OF</i></span><br /> - -<span class="x-large">RAFAEL SABATINI’S</span><br /> - -<span class="medium table"><i>WONDERFUL ROMANCES</i><br /> - -<i>In Crown 8vo, Cloth, Coloured Wrappers,<br /> -3s. 6d. net each.</i></span><br /> - -<span class="large table">THE STROLLING SAINT<br /> -<span class="medium">“No man writes historical romances so well as Mr.<br /> -Sabatini.”—<i>Pall Mall Gazelle.</i></span></span><br /> - -<span class="large table">THE LION’S SKIN<br /> -<span class="medium">“A brilliantly clever story.”—<i>Evening Standard.</i></span></span><br /> - -<span class="large table">THE JUSTICE OF THE DUKE<br /> -<span class="medium">“Wonderfully effective.”—<i>Westminster Gazette.</i></span></span><br /> - -<span class="large table">BARDELYS THE MAGNIFICENT<br /> -<span class="medium">“Mr. Sabatini has no equal.”—<i>Newcastle Daily Chronicle.</i></span></span><br /> - -<span class="large table">THE GATES OF DOOM<br /> -<span class="medium">“A clever story, well and amusingly told.”—<i>The Times.</i></span></span><br /> - -<span class="medium"><i>HISTORIES</i></span><br /> - -<span class="large table">TORQUEMADA AND THE SPANISH -INQUISITION<br /> - -<span class="medium"><i>Demy 8vo, 12s. 6d. net.</i></span><br /> -“Not only an extremely graphic and fascinating account of<br /> -the Inquisition, but also a serious contribution to the literature<br /> -of the subject. Holds us until the last page is turned of a book<br /> -full of enthralling interest.”—<i>Pall Mall Gazette.</i></span><br /> - -<span class="large table">THE LIFE OF CESARE BORGIA<br /> -<span class="medium"><i>Demy 8vo, 12s. 6d. net.</i><br /> -“Mr. Sabatini has a lively and vigorous style.... As<br /> -entertaining as it is informing.”—<i>Daily Telegraph.</i></span></span><br/> - -<span class="medium"><span class="smcap">London</span>: STANLEY PAUL & CO</span></p> - -<div id="frontispiece" class="figcenter"> -<img src="images/frontispiece.jpg" alt="" /> -<p class="small"><i>Photo by Lacoste.</i></p> - -<p class="caption">FREY TOMÁS DE TORQUEMADA.<br /> -From a Painting attributed to Miguel Zittoz.</p> - -<p class="author"> -[<i>Frontispiece.</i> -<span class="pagenum" id="Page_3">3</span></p> -</div> - - -<h1>TORQUEMADA<br /> - -<span class="medium">AND</span><br /> - -<span class="x-large">THE SPANISH INQUISITION</span><br /> - -<span class="medium">A HISTORY</span><br /> - -<span class="large table">BY RAFAEL SABATINI<br /> -<span class="medium"><i>Author of “The Life of Cesare Borgia,” “The Strolling<br /> -Saint,” etc.</i></span></span><br /> - -<span class="small table">‘El fuego está encendido; quemará fasta que falle cabo al seco de la leña’<br /> -<span class="smcap">Andrés Bernaldez</span>, <i>Historia de los Reyes Católicos, cap.</i> <span class="smcap">XIV.</span></span><br /> - -<span class="medium"><i>With Sixteen Illustrations in Half-tone, including a Map</i></span><br /> - -<span class="medium table">LONDON<br /> -STANLEY PAUL & CO<br /> -8 ENDSLEIGH GARDENS<br /> -UPPER WOBURN PLACE, W.C.1</span><br /> -<span class="pagenum" id="Page_4">4</span><br /> -<br /> - -<span class="small table"> -<i>Printed in Great Britain by Hazell, Watson & Viney, Ld.,<br /> -London and Aylesbury.</i></span><br /> -<span class="pagenum" id="Page_5">5</span></h1> - -<h2 id="PREFACE">PREFACE</h2> - -<p>The history of Frey Tómas de Torquemada is the -history of the establishment of the Modern Inquisition. -It is not so much the history of a man as of an abstract -genius presiding over a gigantic and cruel engine of -its own perfecting. Of this engine we may examine -for ourselves to-day the details of the complex -machinery. Through the records that survive we -may observe its cold, smooth action, and trace in -this the awful intelligence of its architect. But of -that architect himself we are permitted to catch no -more than an occasional and fleeting glimpse. It is -only in the rarest and briefest moments that he stands -clearly before us, revealed as a man of flesh and -blood.</p> - -<p>We see him, now fervidly urging a reluctant queen -to do her duty by her God and unsheathe the sword -of persecution, now harshly threatening his sovereigns -with the wrath of Heaven when they are in danger -of relenting in the wielding of that same sword. But -in the main he must be studied, not in his actions, -but in his enactments—the emanations of his relentless -spirit. In these he is to be seen devoutly compassing -evil in the perfervid quest of good.</p> - -<p>Untouched by worldly ambitions, he seems at -once superhuman and less than human. Dauntless -amid execrations, unmoved by plaudits, sublimely disdainful -<span class="pagenum" id="Page_6">6</span> -of temporal weal, in nothing is he so admirable -as in the unfaltering self-abnegation with which he -devotes himself to the service of his God, in nothing -so terrible and tragically deplorable as in the actual -service which he renders.</p> - -<p>“His history,” says Prescott, “may be thought to -prove that of all human infirmities there is none -productive of more extensive mischief to society than -fanaticism.”</p> - -<p>To this day—four centuries after his passing—Spain -still bears the imprint of his pitiless work, -and none may deny the truth of Rosseeuw St. Hilaire’s -indictment that, after Philip II, Torquemada was the -man who did most harm to the land that gave him -birth.</p> - -<hr class="tb" /> - -<p>The materials for this history have been gathered -from the sources cited in the appended bibliography, -to all of which the author acknowledges his profound -indebtedness. In particular, however, are his thanks -due—as must be the thanks of all men who engage in -studies of the Spanish Inquisition—to the voluminous, -succinct, and enormously comprehensive works of -Juan Antonio Llorente, a historian of unimpugned -honesty and authority, who wrote under circumstances -peculiarly advantageous and with qualifications peculiarly -full.</p> - -<hr class="tb" /> - -<p>Juan Antonio Llorente was born at Logroño in -1756, and he was ordained priest in 1779, after a -university course of Roman and Canon law which -enabled him to obtain a place among the lawyers -of the Supreme Council of Castile—<i>i.e.</i> the Council -of the Inquisition. Having graduated as a Doctor of -<span class="pagenum" id="Page_7">7</span> -Canon Law, he discharged the duties of Vicar-General -to the Bishop of Calahorra, and later on became the -Commissary of the Holy Office in Logroño—for which -it was necessary that he should prove that he was of -“clean blood,” undefiled by the taint of Jew or Moor -or heretic.</p> - -<p>In 1789 he was appointed Secretary-General to -the Holy Office, an appointment which took him to -Madrid, where he was well received by the King, who -gave him a canonry of Calahorra.</p> - -<p>A profound student of sociological questions, with -leanings towards rationalism, he provoked a certain -degree of mistrust, and when the Liberal party fell -from power and dragged with it many of those who -had held offices of consequence, the young priest -found himself not only deposed, but forced to meet -certain minor charges, which resulted in his being sent -into retreat in a convent for a month as a penance.</p> - -<p>Thereafter he concerned himself with educational -matters until the coming of Bonaparte’s eagles into -Spain. When that invasion took place, he hailed the -French as the saviours of his country, and as a consequence -found himself a member of the Assembly of -Notables convoked by Murat to reform the Spanish -Government. But most important of all, from our -point of view, is the fact that when the Inquisition -was abolished, in 1809, he accepted the charge of -going through its vast archives, and he spent two -years and employed a number of amanuenses in -copying or making extracts of all that he considered -of account.</p> - -<p>He held various offices of importance under the -French Government, so that when this was finally -expelled from Spain, he, too, was forced to go. He -<span class="pagenum" id="Page_8">8</span> -sought refuge in Paris, and there he wrote his famous -“Historia Critica de la Inquisicion de España,” the -crystallization of his vast researches.</p> - -<p>It was a very daring thing to have done, and, -thanks to the royalist and clerical Government, he was -not suffered to remain long unpunished. He was inhibited -from hearing confession or celebrating Mass—practically -unfrocked—and forbidden to teach the -Castilian language in private schools. He hit back -by publishing “The Political Portrait of the Popes,” -which earned him orders to leave France immediately. -He set out in December of 1822 to return to Spain, -and died a few days after reaching Madrid, killed by -the rigours of the journey at his advanced age.</p> - -<p>Although his “Critical History” displays at times -a certain vehemence, in the main it is concerned with -the sober transcription of the musty records he was -privileged to explore.</p> - -<hr class="tb" /> - -<p>The Spanish Inquisition has been the subject of -much unrestrained and exaggerated writing, expressing -points of view that are diametrically opposed. -From such authors as Garcia Rodrigo, who laud its -work of purification, misrepresent its scope, and deplore -(in our own times) the extinction of that terrible -tribunal, it is a far cry indeed to such writers as -Dr. Rule, who dip their pens in the gall of an intolerance -as virulent as that which they attack.</p> - -<p>The author has sought here to hold a course that -is unencumbered by religious partisanship, treating -purely as a phase of history the institution for which -Torquemada was so largely responsible. He has not -written in the Catholic interest, or the Protestant -interest, or the Jewish interest. He holds the view -<span class="pagenum" id="Page_9">9</span> -that on the score of intolerance it is not for Christians -to cast a stone at Jews, nor Jews at Christians, nor -yet Christians of one sect at Christians of another. -Each will find in his own history more than enough -to answer for at the bar of Humanity. And when -achievement is measured by opportunity, each will -discover that he is entitled to fling at the others no -reproaches which the others are not entitled to fling -at him.</p> - -<p>If the Spanish Inquisition is here shown as a -ruthless engine of destruction whose wheels drip the -blood of mangled generations, yet it is very far from -being implied that religious persecution is an offence -peculiar to the Church of Rome.</p> - -<p>“She persecuted to the full extent of the power -of her clergy, and that power was very great. The -persecution of which every Protestant church was -guilty was measured by the same rule, but clerical -influence in Protestant countries was comparatively -weak.”</p> - -<p>Thus Lecky, whom we quote lest any should be -tempted to use anything in these pages as a weapon -of unchristian Christian partisanship. Let any such -remember that against Torquemada, who was unfortunately -well served by opportunity, may be set the -bloody-minded John Knox, who, fortunately for -humanity, was not; let him ponder the slaughter of -Presbyterians, Puritans, and Roman Catholics under -Elizabeth; let him call to mind the persecutions of -the Anabaptists under Edward VI, and the Anabaptists’ -own clamour for the blood of all who were -not re-baptized. -<span class="pagenum" id="Page_10">10</span> -<span class="pagenum" id="Page_11">11</span></p> - -<h2 id="CONTENTS">CONTENTS</h2> - -<table class="toc"> - <tr> - <td class="tdr"><small>CHAPTER</small></td> - <td> </td> - <td class="tdrb"><small>PAGE</small></td> - </tr> - <tr> - <td class="tdr">I.</td> - <td><a href="#CHAPTER_I">EARLY PERSECUTIONS</a></td> - <td class="tdrb">17</td> - </tr> - <tr> - <td class="tdr">II.</td> - <td><a href="#CHAPTER_II">THE INQUISITION CANONICALLY ESTABLISHED</a></td> - <td class="tdrb">29</td> - </tr> - <tr> - <td class="tdr">III.</td> - <td><a href="#CHAPTER_III">THE ORDER OF ST. DOMINIC</a></td> - <td class="tdrb">37</td> - </tr> - <tr> - <td class="tdr">IV.</td> - <td><a href="#CHAPTER_IV">ISABELLA THE CATHOLIC</a></td> - <td class="tdrb">51</td> - </tr> - <tr> - <td class="tdr">V.</td> - <td><a href="#CHAPTER_V">THE JEWS IN SPAIN</a></td> - <td class="tdrb">71</td> - </tr> - <tr> - <td class="tdr">VI. </td> - <td><a href="#CHAPTER_VI">THE NEW-CHRISTIANS</a></td> - <td class="tdrb">89</td> - </tr> - <tr> - <td class="tdr">VII.</td> - <td><a href="#CHAPTER_VII">THE PRIOR OF HOLY CROSS</a></td> - <td class="tdrb">104</td> - </tr> - <tr> - <td class="tdr">VIII.</td> - <td><a href="#CHAPTER_VIII">THE HOLY OFFICE IN SEVILLE</a></td> - <td class="tdrb">114</td> - </tr> - <tr> - <td class="tdr">IX.</td> - <td><a href="#CHAPTER_IX">THE SUPREME COUNCIL</a></td> - <td class="tdrb">130</td> - </tr> - <tr> - <td class="tdr">X.</td> - <td><a href="#CHAPTER_X">THE JURISPRUDENCE OF THE HOLY OFFICE—THE FIRST “INSTRUCTIONS” OF TORQUEMADA</a></td> - <td class="tdrb">139 - <span class="pagenum" id="Page_12">12</span></td> - </tr> - <tr> - <td class="tdr">XI.</td> - <td><a href="#CHAPTER_XI">THE JURISPRUDENCE OF THE HOLY OFFICE—THE MODE OF PROCEDURE</a></td> - <td class="tdrb">168</td> - </tr> - <tr> - <td class="tdr">XII.</td> - <td><a href="#CHAPTER_XII">THE JURISPRUDENCE OF THE HOLY OFFICE—THE AUDIENCE OF TORMENT</a></td> - <td class="tdrb">184</td> - </tr> - <tr> - <td class="tdr">XIII.</td> - <td><a href="#CHAPTER_XIII">THE JURISPRUDENCE OF THE HOLY OFFICE—THE SECULAR ARM</a></td> - <td class="tdrb">194</td> - </tr> - <tr> - <td class="tdr">XIV.</td> - <td><a href="#CHAPTER_XIV">PEDRO ARBUÉS DE EPILA</a></td> - <td class="tdrb">213</td> - </tr> - <tr> - <td class="tdr">XV.</td> - <td><a href="#CHAPTER_XV">TORQUEMADA’S FURTHER “INSTRUCTIONS”</a></td> - <td class="tdrb">231</td> - </tr> - <tr> - <td class="tdr">XVI.</td> - <td><a href="#CHAPTER_XVI">THE INQUISITION IN TOLEDO</a></td> - <td class="tdrb">239</td> - </tr> - <tr> - <td class="tdr">XVII.</td> - <td><a href="#CHAPTER_XVII">AUTOS DE FÉ</a></td> - <td class="tdrb">247</td> - </tr> - <tr> - <td class="tdr">XVIII.</td> - <td><a href="#CHAPTER_XVIII">TORQUEMADA AND THE JEWS</a></td> - <td class="tdrb">256</td> - </tr> - <tr> - <td class="tdr">XIX.</td> - <td><a href="#CHAPTER_XIX">THE LEGEND OF THE SANTO NIÑO</a></td> - <td class="tdrb">271</td> - </tr> - <tr> - <td class="tdr">XX.</td> - <td><a href="#CHAPTER_XX">THE ARREST OF YUCÉ FRANCO</a></td> - <td class="tdrb">282</td> - </tr> - <tr> - <td class="tdr">XXI.</td> - <td><a href="#CHAPTER_XXI">THE TRIAL OF YUCÉ FRANCO</a></td> - <td class="tdrb">294</td> - </tr> - <tr> - <td class="tdr">XXII.</td> - <td><a href="#CHAPTER_XXII">THE TRIAL OF YUCÉ FRANCO (<i>continued</i>)</a></td> - <td class="tdrb">317</td> - </tr> - <tr> - <td class="tdr">XXIII.</td> - <td><a href="#CHAPTER_XXIII">THE TRIAL OF YUCÉ FRANCO (<i>concluded</i>)</a></td> - <td class="tdrb">331</td> - </tr> - <tr> - <td class="tdr">XXIV.</td> - <td><a href="#CHAPTER_XXIV">EPILOGUE TO THE AFFAIR OF THE SANTO NIÑO</a></td> - <td class="tdrb">346 - <span class="pagenum" id="Page_13">13</span></td> - </tr> - <tr> - <td class="tdr">XXV.</td> - <td><a href="#CHAPTER_XXV">THE EDICT OF BANISHMENT</a></td> - <td class="tdrb">356</td> - </tr> - <tr> - <td class="tdr">XXVI.</td> - <td><a href="#CHAPTER_XXVI">THE EXODUS FROM SPAIN</a></td> - <td class="tdrb">367</td> - </tr> - <tr> - <td class="tdr">XXVII.</td> - <td><a href="#CHAPTER_XXVII">THE LAST “INSTRUCTIONS” OF TORQUEMADA</a></td> - <td class="tdrb">377</td> - </tr> - <tr> - <td colspan="2"><a href="#BIBLIOGRAPHY">BIBLIOGRAPHY</a></td> - <td class="tdrb">395</td> - </tr> - <tr> - <td colspan="2"><a href="#INDEX">INDEX</a></td> - <td class="tdrb">397</td> - </tr> -</table> -<p><span class="pagenum" id="Page_14">14</span></p> - -<p><span class="pagenum" id="Page_15">15</span></p> - -<h2 id="LIST_OF_ILLUSTRATIONS">LIST OF ILLUSTRATIONS</h2> - -<table class="toc"> - <tr> - <td><a href="#frontispiece">FREY TOMÁS DE TORQUEMADA</a></td> - <td class="tdr"><i>Frontispiece</i></td> - </tr> - <tr> - <td class="i4" colspan="2">From a Painting attributed to Miguel Zittoz.</td> - </tr> - <tr> - <td class="tdr" colspan="2"><small>FACING PAGE</small></td> - </tr> - <tr> - <td><a href="#i_32">ST. PETER THE MARTYR PREACHING</a></td> - <td class="tdr">32</td> - </tr> - <tr> - <td class="i4" colspan="2">From the Painting by Berruguete.</td> - </tr> - <tr> - <td><a href="#i_48">ST. DOMINIC</a></td> - <td class="tdr">48</td> - </tr> - <tr> - <td class="i4" colspan="2">From the Painting in the Prado Gallery, attributed to Miguel Zittoz.</td> - </tr> - <tr> - <td><a href="#i_64">POPE INNOCENT III. AND ST. DOMINIC</a></td> - <td class="tdr">64</td> - </tr> - <tr> - <td class="i4" colspan="2">From a Fresco in the Church of the Sacro Speco, Subiaco.</td> - </tr> - <tr> - <td><a href="#i_80">ISABELLA THE CATHOLIC</a></td> - <td class="tdr">80</td> - </tr> - <tr> - <td class="i4" colspan="2">From a Painting in the Prado Gallery, attributed to Miguel Zittoz.</td> - </tr> - <tr> - <td><a href="#i_96">SEVILLE</a></td> - <td class="tdr">96</td> - </tr> - <tr> - <td class="i4" colspan="2">From Colmenar’s “Délices d’Espagne.”</td> - </tr> - <tr> - <td><a href="#i_128">FERDINAND OF ARAGON AND THE INFANTE DON JUAN</a></td> - <td class="tdr">128</td> - </tr> - <tr> - <td class="i4" colspan="2">From the Painting in the Prado Gallery attributed to Miguel Zittoz.</td> - </tr> - <tr> - <td><a href="#i_144">TITLE-PAGE OF THE FIRST PRINTED EDITION OF THE “INSTRUCTIONS” OF TORQUEMADA</a></td> - <td class="tdrb">144</td> - </tr> - <tr> - <td class="i4" colspan="2"></td> - </tr> - <tr> - <td><a href="#i_176">TOLEDO</a></td> - <td class="tdr">176</td> - </tr> - <tr> - <td class="i4" colspan="2">From Colmenar’s “Délices d’Espagne.”</td> - </tr> - <tr> - <td><a href="#i_208">PROCESSION TO AUTO DE FÉ</a></td> - <td class="tdr">208</td> - </tr> - <tr> - <td class="i4" colspan="2">From Limborch’s “Historia Inquisitionis.”</td> - </tr> - <tr> - <td><a href="#i_240">THE AUTO DE FÉ</a></td> - <td class="tdr">240</td> - </tr> - <tr> - <td class="i4" colspan="2">From Limborch’s “Historia Inquisitionis.” -<span class="pagenum" id="Page_16">16</span></td> - </tr> - <tr> - <td><a href="#i_272">BANNER OF THE INQUISITION</a></td> - <td class="tdr">272</td> - </tr> - <tr> - <td class="i4" colspan="2">From Limborch’s “Historia Inquisitionis.”</td> - </tr> - <tr> - <td><a href="#i_304">SANBENITO OF PENITENT ADMITTED TO RECONCILIATION</a></td> - <td class="tdr">304</td> - </tr> - <tr> - <td class="i4" colspan="2">From Limborch’s “Historia Inquisitionis.”</td> - </tr> - <tr> - <td><a href="#i_336">SANBENITO OF PENITENT RELAPSED</a></td> - <td class="tdr">336</td> - </tr> - <tr> - <td class="i4" colspan="2">From Limborch’s “Historia Inquisitionis.”</td> - </tr> - <tr> - <td><a href="#i_368">SANBENITO OF IMPENITENT</a></td> - <td class="tdr">368</td> - </tr> - <tr> - <td class="i4" colspan="2">From Limborch’s “Historia Inquisitionis.”</td> - </tr> - <tr> - <td><a href="#i_384">SPAIN AND PORTUGAL</a></td> - <td class="tdr">384</td> - </tr> - <tr> - <td class="i4" colspan="2">From Colmenar’s “Délices d’Espagne.”</td> - </tr> -</table> - -<p><span class="pagenum" id="Page_17">17</span></p> - -<p class="ph1">TORQUEMADA</p> - -<h2 id="CHAPTER_I">CHAPTER I<br /> - -<span class="medium">EARLY PERSECUTIONS</span></h2> - -<p>In an endeavour to trace the Inquisition to its source -it is not necessary to go as far back into antiquity -as went Paramo; nor yet is it possible to agree with -him that God Himself was the first inquisitor, that -the first “Act of Faith” was executed upon Adam -and Eve, and that their expulsion from Eden is a -proper precedent for the confiscation of the property -of heretics.<a id="FNanchor_1" href="#Footnote_1" class="fnanchor">1</a></p> - -<p>Nevertheless, it is necessary to go very far back -indeed; for it is in the very dawn of Christianity -that the beginnings of this organization are to be -discovered.</p> - -<p>There is no more lamentable lesson to be culled -from history than that contained in her inability to -furnish a single instance of a religion accepted with -unquestioning sincerity and fervour which did not, -out of those very qualities, beget intolerance. It -would seem that only when a faith has been diluted -by certain general elements of doubt, that only when -a certain degree of indifference has crept into the -observance of a prevailing cult, does it become possible -for the members of that cult to bear themselves -complacently towards the members of another. Until -this comes to pass, intolerance is the very breath of -<span class="pagenum" id="Page_18">18</span> -religion, and—when the power is present—this intolerance -never fails to express itself in persecution.</p> - -<p>Deplorable as this is in all religions, in none is it so -utterly anomalous as in Christianity, which is established -upon tenets of charity, patience, and forbearance, and -which has for cardinal guidance its Founder’s sublime -admonition—“Love one another!”</p> - -<p>From the earliest days of its history, persecution -has unfailingly signalized the spread of Christianity, -until to the thoughtful observer Christianity must -afford the grimmest, the saddest—indeed, the most -tragic—of all the paradoxes that go to make up the -history of civilized man.</p> - -<p>Its benign gospel of love has been thundered forth -in malign hatred; its divine lesson of patience and -forbearance has been taught in murderous impatience -and bloodthirsty intolerance; its mild tenets of mercy -and compassion have been ferociously expounded with -fire and sword and rack; its precepts of humility have -been inculcated with a pride and arrogance as harsh -as any that the world has known.</p> - -<p>It is impossible to deny that at almost any time in -the history of Christianity the enlightened pagan of -the second century would have been justified of his -stinging gibe—“Behold how these Christians love -one another!”</p> - -<p>It may even be said of the earliest Christians that -it was largely through their own intolerance of the -opinions and beliefs of others that they brought upon -themselves the persecutions to which through three -centuries they were intermittently subjected. Certain -it is that they were the first to disturb the toleration -which in polytheistic Rome was accorded to all religions. -They might have pursued their cult unmolested -so long as they accorded the same liberty to others. -But by the vehemence with which they denounced -false all creeds but their own, they offended the -zealous worshippers of other gods, and so disturbed -the peace of the community; by denying obedience -<span class="pagenum" id="Page_19">19</span> -to the state in which they dwelt, by refusing to bear -arms for the Empire on the plea of “Nolo militare; -militia mea est ad Dominum!” they provoked the -resentment of the law. When driven, by the beginnings -of persecution, to assemble and celebrate their -rites in secret, this very secrecy became the cause -of further and sharper proceedings against them. -Their mysteriousness evoked suspicion, and surmise -sprang up to explain it. Very soon there was levelled -against them the charge from which hardly any cult -that celebrates in secret has been exempt. It was -put abroad that they practised abominations, and that -they engaged in the ritual murder of infants. Public -opinion, ever credulous where evil is the subject, was -still further inflamed against them, and fresh and -greater disorders were the result. Thus they came -to be denounced for atheism, insubordination, and -subversion of public order.</p> - -<p>The severity dealt out to them by a state hitherto -indifferent—through the agnosticism prevalent in the -ruling classes—to the religious opinions of its citizens, -was dictated by the desire to suppress an element that -had become socially perturbative, rather than by any -vindictiveness or intolerance towards this new cult out -of Syria.</p> - -<p>Under Claudius we see the Nazarenes expelled -from Rome as disturbers of the public peace; under -Nero and Domitian we see them, denounced as <i>hostes -publici</i>, suffering their first great persecution. But -that persecution on purely religious grounds was -repugnant to the Roman is shown by the conduct of -Nerva, who forbade delations and oppressions on the -score of belief, and recalled the Christians who had -been banished. His successor, the just and wise -Trajan, provoked perhaps by the fierce insurrection of -the Jews which occurred in his reign, moved against -the Nazarenes at first, but later on afforded them -complete toleration. Similarly were they unmolested -by the accomplished Adrian, who, indeed, so far -<span class="pagenum" id="Page_20">20</span> -approved of their creed as to have notions of including -Christ in the Roman Pantheon; and they were left in -peace by his successor Antoninus, notwithstanding -that the last was so attached to the faith of his -country and to the service of the gods as to have -earned for himself the surname of Pius.</p> - -<p>With the accession of the philosopher-emperor -Marcus Aurelius, who was rendered hostile to the new -doctrine not only by his own stoical convictions, but -also because politically he viewed the Christians with -disfavour, came the next great persecution; and persecution -was their portion thereafter for some sixty -years, under four reigns, until the accession of -Alexander Severus in the third decade of the third -century of the Christian era.</p> - -<p>Alexander’s mother, Julia Mannea, is believed to -have been instructed in the new doctrine by -Origen, the Alexandrian, although her conversion to -Christianity and her ideas upon it do not appear to -be greatly in advance of those of Adrian, for she is said -to have included an image of Christ in the group of -beneficent deities set up in her <i>lararium</i>.<a id="FNanchor_2" href="#Footnote_2" class="fnanchor">2</a> -<span class="pagenum" id="Page_21">21</span></p> - -<p>For twenty years the Christians now knew peace -and enjoyed the fullest liberty. Upon that followed -a period of severe oppression, initiated by Decius, -continued by Valerian and Aurelian, and reaching -something of a climax under Diocletian, in the dawn -of the fourth century, when the Christians endured the -cruellest and most ferocious of all these persecutions. -But the end of their sufferings was at hand, and with -the accession of Constantine in 312 a new era began -for Christianity. Constantine, upheld by the Christians -as their saviour, in admitting the inevitable predominance -which the new religion had obtained in rather -less than three hundred years, was compelled to -recognize the rights of its votaries not only to existence -but to authority.</p> - -<p>Legends surround the history of this emperor. The -most popular relates how, when he was marching -against Maxentius, his rival for the throne, desponding -in the consciousness of his own inferior force, -there appeared at sunset a fiery cross in the heavens -with the inscription ΕΝ ΤΟΓΤΩ ΝΙΚΑ—<small>IN THIS SIGN -YOU CONQUER</small>. And it is claimed that as a consequence -<span class="pagenum" id="Page_22">22</span> -of this portent, whose injunction he obeyed, he sought -instruction in Christianity, was baptized and made -public avowal of that faith. Others maintain that he -was reared in Christianity by his mother, St. Helena—she -who made an expedition to the Holy Land to -recover the true cross, and who is said to have -built the Church of the Holy Sepulchre in Jerusalem; -whilst others still assert that Constantine did not -receive baptism until at the point of death, and that -throughout his life, whilst undoubtedly favouring -Christians, he continued in the pagan religion in -which he had been educated by his father.</p> - -<p>The truth probably lies midway. During the -early years of his reign Constantine not only pursued -<span class="pagenum" id="Page_23">23</span> -a middle course, according religious liberty to all sects, -but, himself, whilst leaning strongly towards Christianity, -retained his imperial dignity of High-priest of -the polytheistic Roman cult, and the title “Pontifex -Maximus,” which later—together with so much else of -pagan origin—was appropriated by the Christians and -bestowed upon their chief bishop. But in 313-14 -he refused to celebrate the <i>ludi seculares</i>, and in 330 -he issued an edict forbidding temple-worship, whilst -the Christian Council of Nicæa, in 325, was held -undoubtedly under his auspices.</p> - -<p>From the very moment that the new religion found -itself recognized and invested not only with civil rights -but actually with power, from the very moment that -the Christian could rear his head and go openly and -unafraid abroad, from that very moment do we find -him engaging in persecutions against the votaries -of other cults—against pagan, Jew, and heretic. For -although Christianity was but in the beginning of -the fourth century of its existence, not only had -it spread irresistibly and mightily in spite of the -repressive measures against it, but it was already -beginning to know dismemberment and divisions in -its own body. Indeed, it has been computed that the -number of schisms in the fourth century amounted to -no less than ninety.</p> - -<p>Of these the most famous is that of Arius, a -priest of Alexandria, who denied that Christ was God -Incarnate, accounting Him no more than divinely -inspired, the first and the highest of the sons of -men. Although already denounced by the Synod that -met at Alexandria in 321, so great had been the -spread of this doctrine that the Œcumenical Council -of Nicæa was convoked especially to deal with it. -It was then condemned as heretical, and the Articles -of Faith were defined and set down in the Nicene -Creed, which is recited to this day.</p> - -<p>Other famous heresies were the Manichæan, the -Gnostic, the Adamite, the Severist, and the Donatist; -<span class="pagenum" id="Page_24">24</span> -and to these were soon to be added, amongst others, -the Pelagian and the Priscilliantist.</p> - -<p>Perhaps the Manichæans’ chief claim to celebrity -lies in the fact that the great St. Augustine of -Tagaste, when he abandoned the disorders of his -youth, entered Christianity through this sect, which -professed a form of it vitiated by Sun-worship and -Buddhism.</p> - -<p>The other heresies—with the exception of the -Pelagian—were, in the main, equally fantastic. The -Gnostic heresy, with its many subdivisions, was made -up of mysticism and magic, and founded upon Zoroastrian -notions of dualism, of the two powers of good -and evil, light and darkness. To the power of evil it -attributed all creation save man, whose soul was accounted -of divine substance. The Adamites claimed to -be in the state of original innocency of Adam before -the fall; they demanded purity in their followers, rejected -marriage, which they urged could never have -come into existence but for sin, and they expelled from -their Church all sinners against their tenets, even as -Adam and Eve had been expelled from Eden. The -Severists denied the resurrection of the flesh, would -not accept the acts of the apostles, and carried purity -to fantastic lengths. The Soldiers of Florinus denied -the Last Judgment, and held it as an undeniable truth -that the resurrection of the flesh lay entirely in reproduction.</p> - -<p>The Pelagians were the followers of Pelagius, a -British monk who settled in Rome towards the year -400, and his heresy at least was founded upon rational -grounds. He denied the doctrine of original sin, -maintained that every human being was born in a -state of innocency, and that his perseverance in virtue -depended upon himself. He found numerous followers, -and for twenty years the conflict raged between -Pelagians and the Church, until Pope Zosimus declared -against them and banished Pelagius from Rome.</p> - -<p>From Constantine onwards Christianity steadily -<span class="pagenum" id="Page_25">25</span> -maintains her ascendancy, and her earliest assertion -of her power is to bare the sword of persecution, -oblivious of the lofty protests against it which she, -herself, had uttered, the broad and noble advocacy -of tolerance which she had urged in the days of her -own affliction. We find Optatus urging the massacre -of the Donatists—who claimed that theirs was the -true Church—and Constantine threatening with the -stake any Jew who should affront a Christian and -any Christian who should become a Jew. We find -him demolishing the churches of the Arians and -Donatists, banishing their priests and forbidding under -pain of death the propagation of their doctrines.</p> - -<p>The power of Christianity suffered one slight -check thereafter, under the tolerant rule of Julian -the Apostate, who reopened the pagan temples and -restored the cult of the old gods; but it rose again to -be finally and firmly established under Theodosius -in 380.</p> - -<p>Now we see the pagan temples not only closed, -but razed to the ground, the images broken and swept -away, their worship, and even private sacrifice, forbidden -under pain of death. From Libanius we may -gather something of the desolation which this spread -among the pagan peasant-folk. Residing at a distance -from the great centres where doctrines were being -expounded, they found themselves bereft of the old -gods and without knowledge of the new. Their plight -is a far more pathetic one than that of the Arians, -Manichæans, Donatists, and all other heretics against -whom there was a similar enactment.</p> - -<p>It is now, at this early date, that for the first -time we come across the title “Inquisitor of the Faith,” -in the first law<a id="FNanchor_3" href="#Footnote_3" class="fnanchor">3</a> promulgated to render death the -penalty of heresy. It is now that we find the great -Augustine of Tagaste—the mightiest genius that the -Church has brought forth—denouncing religious -liberty with the question, “Quid est enim pejor, mors -<span class="pagenum" id="Page_26">26</span> -animæ quam libertas erroris?”<a id="FNanchor_4" href="#Footnote_4" class="fnanchor">4</a> and strenuously urging -the death of heretics on the ground that it is a -merciful measure, since it must result in the saving -of others from the damnation consequent upon their -being led into error. Similarly he applauded those -decrees of death against any one pursuing the polytheism -that but a few generations earlier had been the -official religion of the Roman Empire.</p> - -<p>It was Augustine—of whom it has been truly said -that “no man since the days of the Apostles has -infused into the Church a larger measure of his -spirit”—in his enormous fervour, and with the overwhelming -arguments inspired by his stupendous intellect, -who laid down the principles that governed -persecution, and were cited in justification of it for -nearly 1,500 years after his day. “He was,” says -Lecky, “the most staunch and enthusiastic defender -of all those doctrines that grow out of the habits of -mind that lead to persecution.”<a id="FNanchor_5" href="#Footnote_5" class="fnanchor">5</a></p> - -<p>So far, however much persecution may have been -inspired by the Church, its actual execution had rested -entirely and solely with the civil authorities; and this -aloofness, indeed, is urged upon the clergy by St. -Augustine. But already before the close of the -fourth century we find ecclesiastics themselves directly -engaged in causing the death of heretics.</p> - -<p>Priscillian, a Spanish theologian, was led by St. -Paul’s “Know ye not that ye are the temple of God?” to -seek to render himself by purity a worthy dwelling. He -preached from that text a doctrine of stern asceticism, -and forbade the marriage of the clergy. This at the -time was optional,<a id="FNanchor_6" href="#Footnote_6" class="fnanchor">6</a> and by proclaiming it to be Christ’s -<span class="pagenum" id="Page_27">27</span> -law he laid himself open to a charge of heresy. He -was accused of magic and licentiousness, excommunicated -in 380 and burnt alive, together with several of -his companions, by order of two Christian bishops. -He has been described as the first martyr burnt by a -Spanish Inquisition.<a id="FNanchor_7" href="#Footnote_7" class="fnanchor">7</a></p> - -<p>It must be added that the deed excited the profoundest -indignation on the part of the clergy against -those bishops who had been responsible for it, and -St. Martin of Tours hotly denounced the act. But -this indignation was not provoked by the fact that -men had suffered death for heresy, but by the circumstance -that ecclesiastics had procured the execution. -For it was part of the pure teaching of the early -Church that under no circumstances—not as judge, -soldier, or executioner—should a Christian render -himself the instrument of the death of a fellow-creature; -and it was partly through their rigid -obedience to this precept that the Christians had first -drawn attention to themselves and aroused the resentment -of the Roman government, as we have seen. -Now, whilst at no time after the Church’s accession to -power was this teaching observed with any degree of -strictness, yet there were limits to the extent to which -it might be neglected, and that limit, it was considered, -had been exceeded by those prelates responsible for -the death of the Priscilliantists.</p> - -<p>The point, apparently trivial at present, has been -insisted upon here, in view of the important and -curious part which it was destined to play in the procedure -of the Inquisition.</p> - -<p>The Church had now come to identify herself with -the State. She had strengthened her organizations; -she had permeated the State with her influences, until -it may almost be said that the State had lost its -capacity for independent existence, and had become -her instrument. The civil laws were based upon her -spiritual laws; the standard of morality was founded -<span class="pagenum" id="Page_28">28</span> -upon her doctrines; the development of the arts—of -painting, sculpture, literature, and music—became -such as was best adapted for her service, and, cramped -thereby into confines far too narrow, was partly -arrested for a time; sciences and crafts were stimulated -only by her needs and curbed by her principles; -the very recreation of the people was governed by her -spirit.</p> - -<p>And yet, whilst influencing the State in its every -ramification so profoundly that State and Church -appeared welded into one disintegrable whole, she -kept herself independent, unfettered, and autonomous. -So that when that great Empire of the West upon -which she had seemed to lean was laid in ruins by the -invading barbarians, she continued upright, unshaken -by that tremendous cataclysm. She remained to -conquer the barbarian far more subtly and completely -than he had conquered. Her conquest lay in bringing -him to look upon her as the natural inheritor of fallen -Rome. Soon she entered upon that splendid heritage, -claiming for her own the world-supremacy that Rome -had boasted, and assuming dominion over the new -nations that were building upon the ruins of the -shattered empire. -<span class="pagenum" id="Page_29">29</span></p> - -<h2 id="CHAPTER_II">CHAPTER II<br /> - -<span class="medium">THE INQUISITION CANONICALLY ESTABLISHED</span></h2> - -<p>For some seven centuries after the fall of the Roman -Empire persecutions for heresy were very rare and -very slight. This, however, cannot be attributed to -mercy. Although some of the old heresies survived, -yet they were so sapped of their vitality that they were -no longer openly flaunted in defiance of the mother-Church, -but were practised in such obscurity as, in the -main, to escape observation.</p> - -<p>Fresh schisms, on the other hand, do not appear -to have sprung up during that spell. Largely this -would be due to the clear formulation of the Catholic -theology by the various œcumenical councils held in -the years that followed upon the Christian emancipation, -and by the intellectual breadth of these doctrines, -which were entirely adequate and all-sufficient to the -intellectual capacity of the time. But this state of -things could only have endured at the cost of arresting -man’s intellectual progress. A certain restraint and -curb undoubtedly was exerted, but definitely to check -the imaginative and reasoning faculties of man has -never been within the power of any creed, and never -can be. It was in vain that the Church sought to -coerce thought and to stifle the learning that struck at -her very foundations and discovered the error of the -cosmic and historical conceptions upon which her -theology was based; in vain that she entrenched -herself within her doctrines, and adhered rigidly to the -form she had adopted. -<span class="pagenum" id="Page_30">30</span></p> - -<p>Upon this uncompromising rigidity of the Catholic -Church much censure has been poured. The present -aim is a cold survey of certain features of history, and -in such a task all polemical matters should be avoided. -Yet it may be permissible to say a word here to -elucidate rather than to defend an attitude that has -been unduly abused.</p> - -<p>It is admitted that the unyielding policy of the -Church was one that militated seriously against intellectual -evolution, and on that account it is to be -deplored. But let the unbiassed mind consider for a -moment the alternative. The admission of error is -the commencement of disruption. Where one error -is admitted, a thread is drawn from a weft whose -threads are interdependent for the stability of the -whole. Who has yielded once has set up a precedent -that will be urged against him to make him -yield again, and yet again, until he shall have yielded -all, and, having nothing left, must suffer an imperceptible -effacement.</p> - -<p>When all is considered, there is an indisputable -dignity in the attitude of a Church which, claiming -that what she teaches rests not upon human knowledge -but upon divine inspiration, refuses to cede one jot -of her doctrines to man’s discoveries; holding—and -incontestably, so long as the premise is admitted—that -however certain may appear the truths which -human subtlety has disclosed, however false may -appear the doctrines to which she owes her being, it -still remains that the former are human and the latter -divine of origin. Between the two she proudly holds -that there is no disputing; that error possible to man -is impossible to divinity; that man’s perception of -error in the divine tenets of the Church is no more -than the manifestation of his own liability to err.</p> - -<p>The Church of Rome realized that either she must -be entirely, or entirely cease to be. And it is matter -for unprejudiced consideration whether the spectacle -of her immobility is not more dignified than would -<span class="pagenum" id="Page_31">31</span> -have been that of her yielding up her divinities one by -one to the expanding humanities, and thus gradually -undergoing a course of dismemberment which must in -the end remove her last claim to existence. In the -attitude she assumed she remained the absolute mistress -of her votaries; had she departed from it she must -have become their abject servant.</p> - -<p>Dr. Rule invites his readers to notice attentively -that “no Church but that of Rome ever had an -Inquisition.”<a id="FNanchor_8" href="#Footnote_8" class="fnanchor">8</a> But he neglects to carry the consideration -to its logical conclusion, and to add that in -no Christian Church but that of Rome could an -Inquisition be possible. For it would be impossible -to offend heretically against any Church that accommodates -itself to new habits of thought in a measure -as these occur, and gives way step by step before the -onslaught of learning.<a id="FNanchor_9" href="#Footnote_9" class="fnanchor">9</a></p> - -<p>The Church of Rome presented her immutable -formularies, her unchangeable doctrines to the world. -“This,” she announced, “is my teaching. By this I -hold. This you must accept without reservations, in -its entirety, or you are no child of mine.”</p> - -<p>With that there could be no cavil. Had she but -added the admission of man’s liberty to accept or reject -her teaching, had she but left man free to confess or -not her doctrines as his conscience and intelligence -directed, all would have been well. Unfortunately -she accounted it her duty to go further; she used -coercion and compulsion to such an extent that she -imbued her children with the spirit of the eighteenth-century -Jacobin, exclaiming, “Be my brother, or I kill you!”</p> - -<p>Unable by intellectual means to stem the intellectual -secession from her ranks, she had recourse to -<span class="pagenum" id="Page_32">32</span> -physical measures, and revived the fiercely coercive -methods of the first centuries.</p> - -<p>A serious heretical outbreak had been occurring -in Southern France. There, it would seem, all the -schisms that had disturbed the Church since her -foundation were gathered together—Arians, Manichæans, -and Gnostics—to which were added certain -more recent sects, such as the Cathars, the Waldenses, -and the Boni Homines, or Good People.</p> - -<p>These new-comers deserve a word of explanation.</p> - -<p>The Cathars, like the Gnostics, were dualists; -indeed, their creed was little more than a development -of Gnosticism. They believed that the earth was the -only hell or purgatory, that it was given over to the -power of the devil, and that human bodies were no -more than the prisons of the angel spirits that fell with -Lucifer. In heaven their celestial bodies still awaited -them, but they could not resume these until they had -worked out their expiation. To accomplish this a man -must die reconciled with God; failing that, another -earthly existence awaited him in the body of man or -beast, according to his deserts. It will be seen that, -saving for abundant Christian elements introduced -into this faith, it was little more than a revival of -metempsychosis, the oldest and most fascinating of -intelligent beliefs.</p> - -<p>The Waldenses, or Vaudois, with whom were -allied the Good People, were the earliest Protestants, -as we understand the term. They claimed for every -man the right to interpret the Bible and to celebrate -the sacraments of the Church without the need of -being in holy orders. Further, they denied that the -Roman Church was the Church of Christ.</p> - -<p>These sects were known collectively as the -Albigenses, so called because the Council of Lombers, -convoked to pronounce their condemnation, had been -held in the Diocese of Albi in 1165.</p> - -<div id="i_32" class="figcenter"> -<img src="images/i_32.jpg" alt="" /> -<p class="small"><i>Photo by Anderson.</i></p> - -<p class="caption">ST. PETER THE MARTYR PREACHING.<br /> -From the Painting by Berruguete.</p> -</div> - -<p>Pope Innocent III made an attempt to convert -them; with this aim in view he sent two monks, Peter -<span class="pagenum" id="Page_33">33</span> -de Castelnau and one Rodolfe, to restore order amongst -them and induce them to return to submission. But -when they murdered one of his legates the Holy -Father had recourse to those other less legitimate -measures of combating liberty of conscience. He -ordered the King of France, the nobles and clergy -of the kingdom, to assume the crusader’s cross, and -to proceed to the extirpation of the Albigensian -heretics, whom he described as a worse danger to -Christendom than the Saracens; and he armed them -for the fray with the same spiritual weapons that -John VIII had bestowed upon those who went to -war in Palestine in the ninth century. Upon all who -might die in the service of the Church he pronounced -a plenary indulgence.</p> - -<p>It is not the present aim to follow the history of -the horrible strife that ensued—the massacres, pillages, -burnings that took place in the course of the war -between the Albigenses under Raymond of Toulouse -and the Crusaders under Simon de Montfort. For -over twenty years did that war drag on, and in the -course of it the original grounds of the quarrel were -forgotten; it passed into a struggle for supremacy -between North and South, and thus, properly speaking, -out of the history of the Inquisition.<a id="FNanchor_10" href="#Footnote_10" class="fnanchor">10</a></p> - -<p>Now, for all that the title “Inquisitor of the Faith” -was first bestowed by the Theodosian Code, and for -all that persecutions against heretics and others had -been afoot since an even earlier date than that of -Theodosius, Innocent III is to be considered the -founder of the Holy Inquisition as an integral part -of the Church. For it is under his jurisdiction that -the faculty of persecuting heretics, which hitherto had -belonged entirely to the secular arm, is now conferred -upon the clergy. He dispatched two Cistercian -monks as inquisitors into France and Spain, to engage -in the work of extirpating heretics; and he strictly -enjoined all princes, nobles and prelates to afford every -<span class="pagenum" id="Page_34">34</span> -assistance to these emissaries, and to further them -in every way in the work they were sent to do.<a id="FNanchor_11" href="#Footnote_11" class="fnanchor">11</a></p> - -<p>Himself, personally, Pope Innocent directed his -attention to the Paterini—a sect which rebelled against -the celibacy imposed upon the clergy—who were gaining -ground in Italy. He invoked the secular arm to -assist him in their apprehension, imprisonment, and -banishment, in seizing their possessions, which were -confiscated, and in razing their houses to the ground.</p> - -<p>In 1209 he assembled a council at Avignon, under -the presidency of his legates, wherein by his directions -it was ordained that every bishop should select such of -his subjects, counts, castellans, and knights as might -seem to him proper, and swear them to undertake -the extermination of all excommunicated heretics.</p> - -<hr class="tb" /> - -<p>“And to the end that the bishop may be the -better enabled to purge his diocese of heretical -pravity, let him swear one priest and two, three or -more laymen of good repute in every parish to report -to the bishop himself, and to the governors of cities -or to the lords and bailiffs of places, the existence -of any heretics or abettors of heresy wherever found, -to the end that these may be punished according to -the canonical and legal dispensations, in all cases -suffering forfeiture of property. And should the said -governors and others be negligent or reluctant in the -execution of this divine service, let their persons -be severally excommunicated, and their territories -placed under the interdict of the Church.”<a id="FNanchor_12" href="#Footnote_12" class="fnanchor">12</a></p> - -<hr class="tb" /> - -<p>In the year 1215 Pope Innocent held a further -council at the Lateran in which he extended the field -of ecclesiastical activity in persecution. He issued an -injunction to all rulers, “as they desired to be esteemed -faithful, to swear a public oath that they would labour -zealously to exterminate from their dominions all those -who were denounced as heretics by the Church.”<a id="FNanchor_13" href="#Footnote_13" class="fnanchor">13</a> -<span class="pagenum" id="Page_35">35</span></p> - -<p>This injunction was backed by a bull which -menaced with excommunication and forfeiture of -jurisdiction any prince who should fail to extirpate -heretics from his dominions—so that at one stroke -the Pope asserted his power to an extent that denied -liberty of conscience to people and independence to -princes.</p> - -<p>And meanwhile every heretic against the Holy -Catholic and Orthodox Faith, as accepted by the -fathers assembled in the Church of St. John, was excommunicated, -and there followed these provisions:</p> - -<p>“When condemned, the secular powers, or their -representatives, being present, they shall be delivered -to these for punishment, the clerics being previously -degraded from their orders. The property of laymen -shall be confiscated; that of clerics bestowed upon -their churches. Persons marked with suspicion only -shall, unless they can clear themselves, be smitten -with the sword of anathema, and shunned by all. If -they persist for a year in excommunication, they shall -be condemned as heretics.</p> - -<p>“Secular powers must be moved or led, or at need -compelled by ecclesiastical censure, to make public -oath for the defence of the faith, as they themselves -desire to be esteemed faithful, undertaking to labour -with all their power to extirpate from their dominions -those whom the Church shall denounce as heretics.”<a id="FNanchor_14" href="#Footnote_14" class="fnanchor">14</a></p> - -<hr class="tb" /> - -<p>The excommunication that was to wait upon disobedience -was no empty threat, nor yet was it -concerned alone with the spiritual part of man. The -Pope’s anathema imposed the same penalties upon -those against whom it was launched as the Druid’s -curse had imposed of old.<a id="FNanchor_15" href="#Footnote_15" class="fnanchor">15</a></p> - -<p>Persons under the ban of the Church might hold -no office, nor claim any of the ordinary rights of -citizenship, or, indeed, of existence. In sickness or -<span class="pagenum" id="Page_36">36</span> -distress none might show them charity under pain of -incurring the same curse, nor after death should their -bodies be given Christian burial.</p> - -<p>By these provisions and injunctions the Inquisition -may be said to have entered upon the second stage of -its evolution, and to have assumed a strictly ecclesiastical -character—in short, to be canonically established.</p> - -<p>It was Pope Innocent III who placed in the hands -of the Church this terrible weapon of persecution, and -who, by the awful severity of his own attitude towards -liberty of conscience, of thought, and of expression, -afforded to fanaticism and religious intolerance an -example that was to be their merciless guide through -centuries to come. -<span class="pagenum" id="Page_37">37</span></p> - -<h2 id="CHAPTER_III">CHAPTER III<br /> - -<span class="medium">THE ORDER OF ST. DOMINIC</span></h2> - -<p><i>“If thou wilt be perfect, go and sell that thou hast, and -give to the poor, and thou shall have treasure in heaven; -and come and follow Me!”</i></p> - -<p>The contrast between the condition thus enjoined -by the Founder of Christianity and the worldly position -occupied by His Vicar on earth was now fast approaching -the climax which was to become absolute -with the era of the Renaissance.</p> - -<p>From the simple folk foregathering in Rome in -the middle of the first century to discuss and to guide -one another in the practice of the new doctrine of love -and humility, conveyed by word of mouth from the -East, in all its pristine simplicity, unburdened as yet -by theological complexities, unfettered by formularies, -it is a far cry indeed to the proud curial Christians of -the Rome of Pope Innocent III.</p> - -<p>The successor of Peter, the poor fisherman of -Galilee, was enthroned with a splendour outrivalling -that of any other earthly potentate. Temporally he -was lord of considerable dominions; spiritually he -claimed empire over the entire Christian world, and -maintained his supremacy with the thunderbolts of -anathema which he had forged himself. His glittering -court was thronged with rustling, scarlet prelates, with -patricians in cloth of gold and silver, captains in steel, -mincing fops and stately senators. He was arrayed in -garments woven of the very finest fleece, crowned with -the triple diadem of white peacock feathers within -<span class="pagenum" id="Page_38">38</span> -three flaming circlets of precious stones. On his -coronation kings served him upon the knee at table; -throughout his reign princes and patricians were his -lackeys.</p> - -<p>From the steps of the Lateran on the day of his -accession he would fling a handful of money to the -Roman crowd, exclaiming: “Gold and silver are not -for me. What I have I give to thee.”</p> - -<p>Yet his riches were vast, their sources almost inexhaustible. -The luxury in which he lived and -moved was the most sumptuous that wealth could -command and art and artifice produce.</p> - -<p>Nor was this ecclesiastical magnificence confined -to Rome and the Papal Court. Gradually it had -come to permeate the entire body clerical until it had -affected even the monastic orders. From the simplicity -of their beginnings these orders had developed -into baronial institutions. The fathers presided in -noble abbeys over wide tracts of arable and vineyard -which they owned and cultivated, and over rural -districts and parishes, which they governed and taxed -as feudal lords rather than served as priests.</p> - -<p>So arrogant and aristocratic was become the spirit -of a clergy whose mission was to preach the sublimest -and most ideal of democratic doctrines, that the Church -seemed no longer within the reach of plebeian and -peasant-folk. It was fast becoming an institution of -patricians for patricians.</p> - -<p>How long this state of things might have endured, -what results might have attended its endurance, it -were perhaps idle to speculate. That a change was -wrought, that provision was made for the lowly and -the poor, is due to the advent of two men as similar in -much as in much else they were dissimilar. They met -in Rome at the foot of the pontifical throne.</p> - -<p>Either might have been the founder of a religion -had he not found already in the world an ideal religion -which he could serve. Both were men born into easy -circumstances of life; one, Francesco Bernardone, was -<span class="pagenum" id="Page_39">39</span> -the son of a wealthy merchant of Assisi; the other, -Domingo de Guzman, of Calahorra, was a nobleman -of Spain.</p> - -<p>To-day the Church includes them in her Calendar -as St. Francis of Assisi and St. Dominic. They are -the resplendent twain whom Dante beheld together -in his “Paradise”:</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“L’un fu tutto serafico in ardore,<br /></span> -<span class="i1">L’altro per sapienza in terra fue<br /></span> -<span class="i1">Di cherubica luce un splendore.”<a id="FNanchor_16" href="#Footnote_16" class="fnanchor">16</a><br /></span> -</div></div> -</div> - -<p>St. Francis—through the sweetness and tenderness -that emanated from his poetic, mystic nature, the most -lovable of all the saints—came from his native Assisi -to implore the Father of Fathers to permit him to -band together into an order the barefoot companions -he had already gained, to the end that they should -practise Christ’s injunction of poverty and self-abnegation, -and minister to the afflicted.</p> - -<p>St. Dominic—and our concern is more with him—had -been chosen for his eloquence and learning to -accompany the Bishop of Osma upon an inquisitorial -journey into Southern France. There he had witnessed -the fierce carnage that was toward. He had -preached to the heretics at Toulouse, and the burning, -passionate eloquence of his oratory had made converts -of many of those who were prepared to resist the -cruel arguments of fire and steel.</p> - -<p>In the ardour of his zeal he had flung aside his -rank and the ease and dignity it afforded him. Like -St. Francis he went barefoot, embracing poverty and -self-denial; yet, less mystical, less tender, entirely practical -where the propagation of the Faith was concerned, -he had exulted in the bloody victories that Simon de -Montfort had won over the heretical Albigenses.</p> - -<p>Yet, if he gloried in the end achieved—conceiving -it the supremest of all human ends—he must have -been touched with regret for the means employed. -<span class="pagenum" id="Page_40">40</span></p> - -<p>He has been termed a fierce and cruel zealot. -But ferocity and cruelty do not go hand in hand with -such lowly humility as undoubtedly was his. And -the very object of his mission to Rome permits, if it -does not point to, a very different conclusion. He -went deploring the bloodshed he had witnessed, -however greatly he may have prized the fruits of it. -Inspired by the success that had attended his oratory, -he aimed at providing other and gentler means by -which in the first instance to seek the attainment of -the same ends. He went to implore Pope Innocent’s -leave to found an order of preachers who in poverty -and lowliness should go abroad to win back to the -Roman fold the sheep that had strayed into heretical -pastures.</p> - -<hr class="tb" /> - -<p>Pope Innocent considered the simultaneous requests -of both these men—requests which, springing from the -same passionate fervour in both, yet came by different, -if similar, channels to a sort of unity in the end.</p> - -<p>He perceived the services which such men as -these might render to the Church, endowed as they -were with the magnetic power of creating followings, -of inflaming hearts, and replenishing the flickering -lamp of public zeal.</p> - -<p>He detected no heresy, no irony, in the cult of -pauperdom which they would go forth to preach under -the sanction and charter of the luxurious, aristocratic, -curial court.</p> - -<p>But there existed another obstacle to his granting -them their prayers. So numerous already were the -monastic orders that a Council of the Lateran had -decreed that no more should be created. Favouring -these petitioners, however, he was applying himself to -the surmounting of the difficulty when death took him.</p> - -<p>Thus the burden of solving this problem was thrust -upon his successor, Honorius III. And it is said that -the new pope was spurred to discover a solution by -a dream—which has been made the subject of a -<span class="pagenum" id="Page_41">41</span> -fresco by Bennozzo Gozzoli—in which he beheld this -saintly pair supporting with their hands the tottering -Lateran.</p> - -<p>Since he could not establish them and their followers -as monastic fathers, he had recourse to creating -brotherhoods for them. These brotherhoods, he affiliated -to the order of St. Augustine, the Dominicans -as friars-preachers (<i>fratres predicatores</i>) and the Franciscans -as friars-minors (<i>fratres minores</i>).</p> - -<p>Thus were launched these two mendicant orders, -which by the enormous following they were so soon -to win, were destined to become one of the greatest -means of power of the Roman Church.</p> - -<p>In the lifetime of their founders the fundamental -laws of poverty were observed in all their intended -purity. But soon thereafter, being men under their -rough habits, and susceptible to the ambition that -is man’s, upon the acquisition of power followed -the acquisition of wealth. Their founders had accomplished -a renascence of the original spirit of -Christianity. But soon this began to undergo modification, -and to respond to worldly influences, until the -history of the friars-mendicant repeats and mirrors -the history of Christianity itself. In a measure as -they spread through Christendom, so they acquired -convents, lands, and property as they went. The -personal poverty of each brother remained, it is true; -they still went abroad barefoot and coarsely garbed, -“without staff, or bag, or bread, or money,” as their -rule decreed. Individually they kept the vow of privation; -but considered collectively their poverty -“remained outside the convent gate,” as Gregorovius -says, echoing what Dante had said before him.<a id="FNanchor_17" href="#Footnote_17" class="fnanchor">17</a> -<span class="pagenum" id="Page_42">42</span></p> - -<p>For the service of the Church the friars-mendicant -became a splendid army, and an army, moreover, -whose maintenance made no draught upon the pontifical -treasury, since, by virtue of their mendicancy, -the orders were entirely self-supporting. And whilst -both orders, magnificently organized, grew extremely -powerful, the Dominicans became formidable through -their control of that Inquisition whose early stirrings -had inspired St. Dominic to his task.</p> - -<p>His aim had been to found a preaching order whose -special mission should be the overthrow of heresy -wherever found. The brethren were to combat it, -employing their eloquence on the one hand to induce -the heretic to abjure his error, on the other to inflame -the faithful against him, so that terror should accomplish -what might not be possible to persuasion.</p> - -<p>It may be that this mission which they had made -specially their own, as their founder ordained, peculiarly -fitted the Dominicans to assume the government -of an ecclesiastical establishment whose aim was -identical. It was this order of St. Dominic that was -to erect the grim edifice of the Holy Office, and to -develop and assume entire control of the terrible -machinery of the Inquisition. Their persuasion was -to be the ghastly persuasion of the rack; their eloquence -was to be the burning eloquence of the tongues -of material flame that should lick their agonizing -victims out of existence. And all for the love of -Christ!</p> - -<hr class="tb" /> - -<p>Although it might be difficult to show—as has -been attempted—that Domingo de Guzman himself -was actually the first ordained Inquisitor, nevertheless -as early as 1224, within three years of his death, the -Inquisition in Italy and elsewhere was already entirely -in the hands of the Dominicans. This is shown by -a constitution promulgated at Padua in February of -that year by the Emperor Frederic II. It contains -the following announcement: -<span class="pagenum" id="Page_43">43</span></p> - -<p>“Be it known to all that we have received under -our special protection the preaching friars of the order -of preachers, sent into our Empire on business of the -Faith against heretics, and likewise all who may lend -them assistance—as much in going as in abiding and -returning—save such as are already prescribed; and -it is our wish that all should give them favour and -assistance; wherefore we order our subjects to receive -benignly any of the said friars whenever and wherever -they may arrive, keeping them secure from the enmity -of heretics, assisting them in every way to accomplish -their ministry regarding the business of the Faith.... -And we do not doubt that you will render homage -to God and our Empire by collaborating with the said -friars to deliver our Empire from the new and unusual -infamy of heretical pravity.”<a id="FNanchor_18" href="#Footnote_18" class="fnanchor">18</a></p> - -<hr class="tb" /> - -<p>The constitution decreed that heretics when so -condemned by the Church and delivered over to the -secular arm should be condignly punished; that if -any, through the fear of death, should desire to return -to the faith, he should receive the penance that might -be imposed canonically and be imprisoned for life; -that if in any part of the Empire heretics should be -discovered by the inquisitors or by other zealous -Catholics, the civil powers should be under the obligation -of effecting their arrest at the request of the said -inquisitors or other Catholics, and of holding them in -safe custody until excommunicated by the Church, -when they should be burnt; that the same punishment -should be suffered by <i>fautores</i>—<i>i.e.</i> those guilty of -concealing or defending heretics; that fugitives be -sought for, and that converts from the same heresy -be employed to discover them.</p> - -<p>Odious as was this last enactment, there was yet -worse contained in the Emperor’s constitution. It was -decreed that “the sin of <i>lèse-Majesté divine</i> being, as -it is, greater than that of <i>lèse-Majesté humaine</i>, and -<span class="pagenum" id="Page_44">44</span> -God being the avenger of the sins of the fathers on -the children, to the end that these may not imitate -the sins of those, the descendants of heretics to the -second generation shall be deemed incapable of honours -or of holding any public office—<i>excepting the innocent -children who shall denounce the iniquity of their -fathers</i>.”<a id="FNanchor_19" href="#Footnote_19" class="fnanchor">19</a></p> - -<p>The barbarous provision here given in italics calls -for no comment.</p> - -<p>Within four years of issuing that harsh proclamation -against all rebels from the sway of Rome, -Frederic himself, in rebellion against the pontiff’s -temporal sway, was to feel the lash of excommunication. -But with that we have no concern. After his -reconciliation with the Pope he renewed the constitution -of 1224, adding a provision concerning -blasphemers, who, in common with heretics of whatever -sect, should suffer death by fire; yet if the -bishops should desire to save any such, this could -only be done subject to the offender’s being deprived -of his tongue, so that never again should he blaspheme -God.</p> - -<hr class="tb" /> - -<p>In the year 1227 Ugolino Conti, who had been a -friend of Dominic and of Francis, ascended the papal -throne under the style of Gregory IX.</p> - -<p>It was this pontiff who, carrying forward the -work that had been undertaken in that direction by -Innocent III, gave the Inquisition a stable form. -He definitely placed the control of it in the hands of -the Dominican friars, giving them, where necessary, the -assistance of the Franciscans. But the participation -of the latter in the business of that terrible tribunal is -so slight as to be insignificant.</p> - -<p>Gregory’s bull, given in “Raynaldus,”<a id="FNanchor_20" href="#Footnote_20" class="fnanchor">20</a> is one of -excommunication against all heretics.</p> - -<p>Further, it ordains that all condemned by the -<span class="pagenum" id="Page_45">45</span> -Church shall be delivered to the secular arm for -punishment, all clerics so delivered being first degraded -from their orders; that should any wish to abjure -his heresy and return to the Church, penance shall be -imposed upon him, and he shall suffer perpetual imprisonment. -Abettors, concealers, and defenders of -heretics are similarly excommunicated; and if any -such shall neglect to procure absolution within one -year, he shall be accounted <i>infamous</i>, and shall be -neither eligible for any public office nor the elector of -any other, nor act as witness, testator, inheritor, nor -have power to seek justice when wronged. If a judge, -no proceedings shall be laid before him, and his sentences, -where passed, shall be null and void; if an -advocate, he shall not have faculty to plead; if a notary, -his deeds shall be void; if a cleric, he shall be deposed -from his office and benefices.</p> - -<p>Similarly, the ban of excommunication shall fall -upon those who hold traffic with any who are excommunicated, -and they shall further be punished with -other penalties.</p> - -<p>Those who are under suspicion of heresy, unless -they see to it that they overcome the suspicion either -by canonical purgation or otherwise according to the -quality of the person and the motives for the suspicion, -shall be excommunicated, and if they do not give -condign satisfaction within one year, they shall be -deemed heretics. Their claims or appeals shall not -then be admitted, nor shall judges, advocates, or -notaries exercise their functions in favour of them; -priests shall refuse to administer the sacraments to -them and to admit their alms or oblations, and so -shall the Templars and Hospitallers and other regular -orders, under pain of loss of office, from which naught -can save them but a mandate from the Holy See.</p> - -<p>Should any give Christian burial to one who has -died under excommunication, he shall himself incur -excommunication, from which he shall not be delivered -until with his own hands he shall have exhumed the -<span class="pagenum" id="Page_46">46</span> -corpse, and so disposed that the place may never again -be used for sepulture.</p> - -<p>Should any know of the existence of heretics or of -any who practise secret conventicles or whose ways -of living are uncommon, they are bound under pain of -excommunication to divulge the same to their confessor -or other by whom they believe it will come to the -knowledge of their prelate.</p> - -<p>Children of heretics and of the abettors or concealers -of heretics shall be deprived until the second -generation of holding any public office or benefice.</p> - -<p>To the provisions of this bull, additions were made -by the civil governor of Rome, as representing the -secular arm whose concern it would be to inflict the -punishments regarding which the Church refrained -from being explicit—confining herself to the promise -that they should be “condign.”</p> - -<p>He provided that: those arrested should be detained -in prison until condemned by the Church, when, -after eight days, they should be punished.</p> - -<p>Their property should be confiscated, one-third -going to the delator, one-third to the judge who should -pronounce sentence, and one-third to repair the walls -of Rome, or otherwise as might be considered.</p> - -<p>The dwellings of heretics or of any who should -consciously have entertained heretics should be razed -to the ground.</p> - -<p>If any man should have knowledge of the existence -of heretics and fail to denounce them he should be fined -the sum of 20 livres. Should he lack the means to -pay, he was to be banished until he could find them.</p> - -<p>Abettors and concealers of heretics should for the -first offence suffer confiscation of one-third of their -property, to be applied to keeping the walls of Rome -in repair. If the offence were repeated, then they -should be banished for ever.</p> - -<p>All who were elected senators must swear before -taking office that they would observe all laws against -heretics; and were any to refuse this oath his acts as -<span class="pagenum" id="Page_47">47</span> -senator would be null and void and none should be -obliged to follow or obey him, whilst those who might -have sworn obedience to him were absolved of their -oath. Should a senator accept this oath but afterwards -refuse or neglect to respect its terms, he must incur the -penalties of perjury, suffer a fine of 200 silver marks, -to be applied to the repairing of the walls, and become -ineligible for any public office.</p> - -<p>Two years later—in 1233—at a Council held at -Béziers, the papal legate, Gaultier of Tournai, elaborated -these canons by the following provisions:</p> - -<p>“All magistrates, nobles, vassals, and others shall -diligently seek to discover, apprehend, and punish -heretics wherever found. Every parish in which a -heretic is discovered shall pay as a penalty for having -harboured him one silver mark to the person who shall -have discovered him. All houses in which heretics -may have preached shall be demolished and the property -confiscated, and fire shall be set to all caves and -other hiding-places where heretics are alleged to be -concealed. All the property of heretics shall be confiscated, -and their children shall inherit nothing. Their -abettors, concealers, or defenders shall be dealt with -in the same manner. Any persons suspected of heresy -must make public profession of faith upon oath, under -pain of suffering as heretics; they shall be compelled -to attend divine service on every feast-day, and all -who are <i>reconciled</i> to the Church shall wear as a distinguishing -badge two crosses externally on their -garments—one on the breast, the other on the back—both -of yellow cloth, three fingers in width, the vertical -limb measuring 2½ hands, the horizontal one 2 hands.<a id="FNanchor_21" href="#Footnote_21" class="fnanchor">21</a> -If a hood is worn, this must bear a third cross—all -under pain of being deemed heretics and suffering -confiscation of property.”<a id="FNanchor_22" href="#Footnote_22" class="fnanchor">22</a></p> - -<hr class="tb" /> - -<p>These enactments by their uncompromising harshness -<span class="pagenum" id="Page_48">48</span> -abundantly reveal the extent to which heretics -were execrated by the Church in her intolerance and -her firm determination to extirpate them. They also -reveal something of the far-reaching, pitiless, priestly -subtlety and craft which were to render so terrible -this tribunal.</p> - -<p>The provisions for the punishment of those who -should be moved by Christian charity to succour any -of the persecuted were devised to the end that terror -should stifle all such compassion; whilst the decree -that the children of convicted heretics should suffer -disinheritance and become ineligible for any honourable -appointment was calculatedly introduced to forge -a further weapon out of parental love. Where a man -might readily, himself, have endured martyrdom for -his convictions, he would be made to pause before -including his children in the same sacrifice, before -suffering them to go destitute and branded.</p> - -<p>In the eyes of the Church the end in view could -not fail to justify any means that might be employed. -The extirpation of heresy was a consummation so -very fervently to be desired that any steps—almost -any sin—would be condonable if conducive to that -end.</p> - -<p>It has been argued that this crusade against heresy -was political, a campaign waged by the Church to -protect herself from the onslaught of liberty of thought, -which was threatening her overthrow. Such no doubt -had been the case in earlier centuries; but it was -so no longer. Roman Catholicism had grown and -spread like a mighty tree, until her shadow lay across -the face of Europe and her roots were thrust far and -wide into the soil. These had taken too firm a hold, -they were too full of vigour, to permit that the -withering of an occasional branch should give her -concern for the vitality of the growth itself. She -had no such concern. However abominable, however -feral, however unchristian even, may have been -the institution of the Holy Office, it is difficult to -<span class="pagenum" id="Page_49">49</span> -think that the spirit in which it was founded was -other than pure and disinterested.</p> - -<div id="i_48" class="figcenter"> -<img src="images/i_48.jpg" alt="" /> -<p class="small"><i>Photo by Lacoste.</i></p> - -<p class="caption">ST. DOMINIC.<br /> -From the Painting in the Prado Gallery, attributed to Miguel Zittoz.</p> -</div> - -<p>It may seem bitterly ironical that men should -have been found who in the name of the meek and -compassionate Christ relentlessly racked and burnt -their fellow-creatures. It was—bitterly, deplorably, -tragically ironical. But they were not conscious of -the irony. In what they did they were sincere—as -sincere as St. Augustine when he urged the extermination -of heretics; and none can call in question his -sincerity or the purity of his motives.</p> - -<p>To understand their attitude it is but necessary to -consider the absolute belief that was the Catholics’ in -what Lecky calls “the doctrine of exclusive salvation.” -Starting from the premise that the Church of Rome -is the true and only Church of Christ, they held that -no salvation was possible for any man who was not -a member of it. Nor could ignorance—however -absolute—of the true faith be urged as an excuse -for error, any more than may ignorance of the law -be pleaded in the worldly courts to-day. Thus, not -only did they account irrevocably damned those who -schismatically deserted from the Church, and those -who like Jew and Moslem remained deliberately outside -its walls, but similarly—such was man’s indifferently -flattering conception of divine justice and divine -intelligence—the savages who had never so much as -heard the name of Christ, and the very babe who died -before his heritage of Original Sin could be washed -away by the baptismal waters. Indeed, fathers of the -Church had waged heated wars of controversy concerning -the precise moment at which pre-natal life -sets in, and, consequently, damnation is incurred by -the soul of the fœtus should it perish in the womb.</p> - -<p>When it is considered that such doctrines were -held dogmatically, it will be realized that in the sight -of the Church—whose business was the salvation of -souls—there could be no sin so intolerable, so execrable, -as heresy. It will be realized how it happened that -<span class="pagenum" id="Page_50">50</span> -the Church could consider those of her children who -were guilty of such crimes as murder, rape, adultery, -and the sin of the Cities of the Plain, with the tolerance -of an indulgent parent, whilst rising up in intolerant -wrath to smite the heretic whose life might be a model -of pure conduct. The former were guilty of only the -sins of weak humanity; and sinners who have the faith -may seek forgiveness, and find it in contrition. But -heresy was not merely the worst of sins, as some have -held. In the eyes of the Church it transcended the -realm of sin—it was infinitely worse than sin, because -it represented a state that was entirely hopeless, a state -not to be redeemed or mitigated by good actions or -purity of life.</p> - -<p>Taking this view of heresy, the Church accounted -it her duty to stamp out this awful soul-pestilence so -as to prevent its spreading; and she had St. Augustine’s -word for it that it was merciful to be merciless -in the attainment of that object. When viewed, as it -were, from within, there is nothing illogical in the attitude -of the Church towards heresy. What is illogical -is the conception of God that is involved in the doctrine -of exclusive salvation.</p> - -<p>Even if we survey the case of Galileo—one of the -most illustrious prisoners ever arraigned before the -tribunal of the Holy Office—we have no just cause to -suppose that, in demanding his retraction of the theory -of the earth’s movement round the sun, the inquisitors -were inspired by any motives beyond the fear lest the -spread of a notion—honestly deemed by them to be -an illusion—should disturb man’s faith in the Biblical -teaching with which it was in conflict. -<span class="pagenum" id="Page_51">51</span></p> - -<h2 id="CHAPTER_IV">CHAPTER IV<br /> - -<span class="medium">ISABELLA THE CATHOLIC</span></h2> - -<p>Llorente agrees with the earlier writers on the -subject in considering the Spanish Inquisition as an -institution distinct from that which had been established -to deal with the Albigenses and their coevals -in heresy. It is distinct only in that it represents a -further development of the organization launched by -Innocent III and perfected by Gregory IX.</p> - -<p>Before entering upon the consideration of this -Modern Inquisition—as it is called—it will perhaps be -well to take a survey of the Spain of the Catholic -Sovereigns—Ferdinand and Isabella—in whose reign -that tribunal was set up in Castile.</p> - -<hr class="tb" /> - -<p>For seven hundred years, with varying fortune and -in varying degree, the Saracen had lorded it in the -Peninsula.</p> - -<p>First had come Berber Tarik, in 711, to overthrow -the Visigothic Kingdom of Roderic, to spread the -Moslem dominion as far as the mountains in the north -and east and west from sea to sea. When the Berber -tribe, the Syrians, and the Arabs had fallen to -wrangling among themselves, Abdurrahman the -Omayyad crossed from Africa to found the independent -amirate, which in the tenth century became -the Caliphate of Cordova.</p> - -<p>Meanwhile the Christians had been consolidating -their forces in the mountain fastnesses of the north to -which they had been driven, and under Alfonso I -<span class="pagenum" id="Page_52">52</span> -they founded the Kingdom of Galicia. Thence, -gradually but irresistibly, presenting a bold front to -the Moorish conqueror, they forced their way down -into the plains of Leon and Castile, so that by the -following century they had driven the Saracens south -of the Tagus. Following up their advantage, they -continued to press them, intent upon driving them into -the sea, and they might have succeeded but for the -coming of Yusuf ben Techufin, who checked the -Christian conquest, hurled them back across the Tagus, -and, master of the country to the south of it, founded -there the Empire of the Almoravides.</p> - -<p>After these came the Almohades—the followers of -the Mahdi—and the land rang for half a century with -the clash of battle between Cross and Crescent, -Castile, Leon, Aragon, and the new-born Kingdom -of Portugal striving side by side to crush the common -foe at Navas de Tolosa.</p> - -<p>In 1236 Leon and Castile—now united into one -kingdom—in alliance with Aragon, wrested Cordova -from the Moors; in 1248 Seville was conquered, and -in 1265 Diego of Aragon drove the Saracen from -Murcia, and thereby reduced the Moslem occupation -to Granada and a line of Mediterranean seaboard -about Cadiz, in which they remained until Ferdinand -of Aragon and Isabella of Castile, by virtue of their -marriage, had united the two crowns on the death (in -1474) of Henry IV, Isabella’s brother.</p> - -<hr class="tb" /> - -<p>Ferdinand brought, with Aragon, Sicily, Sardinia, -and Naples; Isabella brought, with Castile, Leon -and the rest of the Spanish territory, saving Granada -and that portion of the coast still in Moorish hands. -And thus was founded, by the welding of these -several principalities into one single state, that mighty -Kingdom of Spain which Columbus was so soon to -enrich by a new world.</p> - -<p>But though founded by this marriage, this kingdom -still required consolidating and subjecting. Generations -<span class="pagenum" id="Page_53">53</span> -of misrule in Castile, culminating in the lax -reigns of John II and Henry IV, had permitted the -spread of a lawlessness so utter that its like was not -to be found in any other state at that time. Anarchy -was paramount mistress of the land, and Pulgar has -left us a striking picture of the impossible conditions -that prevailed.</p> - -<p>“In those days,” he writes, “justice suffered, and -was not to be done upon the malefactors who -plundered and tyrannized in townships and on the -highways. None paid debts who did not want to do -so; none was restrained from committing any crime, -and none dreamed of obedience or subjection to a -superior. What with present and past wars, people -were so accustomed to turbulence that he who did not -do violence to others was held to be a man of no -account.</p> - -<p>Citizens, peasants, and men of peace were not -masters of their own property, nor could they have -recourse to any for redress of the wrongs they suffered -at the hands of governors of fortresses and other -thieves and robbers. Every man would gladly have -engaged to give the half of his property if at that price -he might have purchased security and peace for -himself and his family. Often there was talk in towns -and villages of forming brotherhoods to remedy all -these evils. But a leader was wanting who should have -at heart the justice and tranquillity of the Kingdom.”<a id="FNanchor_23" href="#Footnote_23" class="fnanchor">23</a></p> - -<p>The nobility, as may be conceived—and, indeed, -as Pulgar clearly indicates—were not only tainted -with the general lawlessness, but were themselves the -chief offenders, each man a law unto himself, a -tyrannical, extortionate ruler of his vassals, lord of life -and death, unscrupulously abusing his power, little -better than a highway robber, caring nothing for the -monarchy so long as the monarchy left him undisturbed, -ready to rebel against it should it attempt to -curtail his brigandage. -<span class="pagenum" id="Page_54">54</span></p> - -<p>To crush these and other unruly elements in the -state, to resolve into order the chaos that had invaded -every quarter of the kingdom, was the task which at -the outset the young Queen perceived awaiting her—a -task that must have daunted any mind less virile, -any spirit less vigorous.</p> - -<p>And there were other and more pressing matters -demanding her instant attention if she were to retain -her seat upon this almost bankrupt throne of Castile -which she had inherited from her brother.</p> - -<p>Alfonso V of Portugal was in arms, invading her -frontiers to dispute, on his niece Juana’s behalf, -Isabella’s right.</p> - -<p>Henry IV had left no legitimate issue, but his wife -Juana of Portugal had brought forth in wedlock a -daughter of whom she pretended that he was the -father, whilst the King of Portugal, to serve interests -of his own, recognized the girl as his legitimate niece. -Public opinion, however, hesitated so little to proclaim -her bastardy that it had named her La Beltraneja, -after Beltran de la Cueva who notoriously had been -her mother’s lover. And what Beltran de la Cueva, -himself, thought about it, may be inferred from the -circumstance that in the ensuing struggle he was -found fighting for the honour of Castile under the -banner of Queen Isabella.</p> - -<p>The war demanded all the attention and resources -of the Catholic Monarchs, and Isabella’s own share -in these labours was conspicuous. They resulted in -the rout of the Portuguese supporters of the pretender -at Toro in 1476. By that victory Isabella was -securely seated upon her throne and became joint -ruler with Ferdinand of Castile and Aragon.</p> - -<p>She was twenty-five years of age at the time, a -fair, shapely woman of middle height, with a clear -complexion, eyes between green and blue, and a -gracious, winsome countenance remarkable for its -habitual serenity. Such, indeed, was her self-control, -Pulgar tells us, that not only did she carefully conceal -<span class="pagenum" id="Page_55">55</span> -her anger when it was aroused, but even in childbirth -she could “dissemble her feelings, betraying no -sign or expression of the pain to which all women are -subject.” He adds that she was very ceremonious in -dress and equipage, that she was deliberate of gesture, -quick-witted, and ready of tongue, and that in the -midst of the labour of government—and very arduous -labour, as shall be seen—she found time to learn Latin, -so that she could understand all that was said in that -tongue.</p> - -<p>“She was a zealous Catholic and very charitable, -yet in her judgments she inclined rather to rigour than -to mercy. She listened to counsel, but acted chiefly -upon her own opinions. Of a rare fidelity to her word, -she never failed to fulfil that to which she had pledged -herself, save where compelled by stress of circumstance. -She was reproached, together with her husband, of -being wanting in generosity, because, seeing the royal -patrimony diminished by the alienation of fiefs and -castles, she was always very careful of such concessions.</p> - -<p>“‘Kings,’ she was wont to say, ‘should preserve -with care their dominions, because in alienating them -they lose at once the money necessary to make themselves -beloved and the power to make themselves -feared.’”<a id="FNanchor_24" href="#Footnote_24" class="fnanchor">24</a></p> - -<p>Such is the portrait that Pulgar has left us, and -considering that he is writing of a sovereign, it would -be no more than reasonable to suspect flattery and -that curious, undiscriminating enthusiasm which never -fails to create panegyrists when it is a question of -depicting a prince, however inept, to his contemporaries. -But if Pulgar has erred in this instance, it -has been on the side of moderation in his portrayal of -this gifted, high-spirited woman.</p> - -<p>Her actions speak more eloquently of her character -than can the pen of any chronicler, and it is in the -deeds of princes that we must seek their true natures, -<span class="pagenum" id="Page_56">56</span> -not in what may have been written of them in their -own day. The deeds of Isabella’s life—with one dark -exception that is the subject of this history—more -than bear out all that Pulgar and others have set down -in praise of her.</p> - -<p>No sooner had she overthrown those who came -from abroad to dispute her right to the crown than -she turned her attention to the subjugation of those -who disputed her authority at home. In this herculean -labour she had the assistance of Alonzo de Quintanilla, -her chancellor, and Juan Ortega, the King’s sacristan. -These men proposed to organize at their own risk one -of those brotherhoods which Pulgar mentions as having -been so ardently desired by the country for its protection -from those who preyed upon it. This <i>hermandad</i> -was to act under royal sanction and guidance, -with the object of procuring peace and protection of -property in the kingdom. Isabella readily approved -the proposal, and the brotherhood was immediately -founded, a tax to support it being levied upon those -in whose interest it was established, and very willingly -paid by them.</p> - -<p>Splendidly organized, this association, half military, -half civil, so effectively discharged the functions for -which it was created, that twenty years later—in 1498—it -was possible to abolish it, and to replace it by a -much simpler and less costly system of police which -then sufficed to preserve the order that had been -restored.</p> - -<p>Further to subject the turbulent and insubordinate -nobility, Isabella employed methods similar to those -adopted in like case by her neighbour, Louis XI -of France. She bestowed the offices of state upon -men of merit without regard to birth, which hitherto -had been accounted the only qualification. The career -of the law was thrown open to the burgher classes, -and every office under the crown was made accessible -to lawyers, who thus became the staunch friends of the -sovereign. -<span class="pagenum" id="Page_57">57</span></p> - -<p>If the nobles did not dare to revolt, at least they -protested in the strongest terms against these two -innovations that so materially affected and weakened -their prestige. They represented in particular that -the institution of the <i>hermandad</i> was the manifestation -of a want of confidence in the “faithful nobility,” and -they implored that four members of their order should -be appointed by the Catholic Sovereigns to form a -council of supreme direction of the affairs of State, -as under the late King Henry IV.</p> - -<p>To this the Catholic Sovereigns replied that the -<i>hermandad</i> was a tutelary institution which was very -welcome to the country, and which it was their -pleasure to maintain. As for the offices of State, it -was for the sovereigns to appoint such men as they -considered best qualified to hold them. The nobles, -they added, were free to remain at Court or to withdraw -to their own domains, as they might see fit; but -as for the sovereigns, themselves, as long as it should -please God to preserve them in the high position in -which He had deigned to place them, it should be -their care not to imitate the monarch who was cited to -them as an example, and not to become puppets in the -hands of their “faithful nobility.”</p> - -<p>That answer gave the nobles pause. It led them -to perceive that a change had taken place, and that -the lawless days of Henry IV were at an end. To -have made them realize this was something. But -there was more to be done before they would understand -that they must submit to the altered conditions, -and Isabella pursued the policy she had adopted with -an unswerving directness, as the following story from -Pulgar’s Chronicle bears witness:</p> - -<p>A quarrel had broken out in the Queen’s palace at -Valladolid between Don Fadrique Enriquez (son of -the Admiral of Castile) and Don Ramiro de Guzman. -Knowledge of it reached the Queen, and she ordered -both disputants to hold themselves under arrest in -<span class="pagenum" id="Page_58">58</span> -their own quarters until she should provide that judgment -be given between them by the Courts. Fadrique, -however, signified his contempt of the royal mandate -by disobeying it and continuing at large. Learning -this, Isabella gave the more obedient Guzman his -liberty, and the assurance of her word that he should -suffer no harm.</p> - -<p>A few days later he was riding peacefully through -the street, secure in the Queen’s safe-conduct, when he -was set upon by three masked horsemen of the household -of Fadrique and severely beaten. No sooner did -the Queen hear of this further affront to her authority -than she got to horse, and rode through torrential rain -from Valladolid to the Admiral’s castle at Simancas. -In fact, in such haste did she set out that she rode -alone, without waiting for an escort. This, however, -followed presently, but did not come up with her save -under the very walls of the Admiral’s fortress.</p> - -<p>She summoned the Admiral, and commanded him -to deliver up his rebellious son to her justice, and -when Don Alonso Enriquez protested that his son was -not there, she bade her followers search the castle -from battlements to dungeons. The search, however, -proved fruitless, and Isabella returned empty-handed -and indignant to Valladolid. Arrived there, she took -to her bed, and to those who came to seek news of her -health, she replied: “My body aches with the blows -delivered yesterday against my safe-conduct by Don -Fadrique.”</p> - -<p>The Admiral, trembling before the royal wrath, -resolved to deliver up his son and cast him upon -the mercy of the Queen. So the Constable of -Castile—Fadrique’s uncle—undertook the office of -intercessor. He went with Don Fadrique to Valladolid, -and imploring Isabella to consider that the -young man was but in his twentieth year and that -he had sinned through the rashness of youth, begged -her to do upon him the justice she might wish or the -mercy that was due. -<span class="pagenum" id="Page_59">59</span></p> - -<p>The Queen, however, was not to be moved to -mercy for offences that set her royal authority in -contempt. She was inexorable. She refused to see -the offender, and submitted him to the indignity of -being taken to prison through the streets of the city -by an alcalde. After a spell of confinement there she -banished him to Sicily, prohibiting his return to Spain -under pain of severest punishment.</p> - -<p>It happened, however, that Don Ramiro de Guzman -did not consider his honour sufficiently avenged by his -enemy’s exile. One night, when the Court was at -Medina del Campo, he ambushed himself in his turn -with some followers of his own, and attacked the -Admiral, to return him the blows received from his -son. From this indignity the Admiral was saved by -his escort. But when Isabella heard of the affair, she -treated Guzman as a rebel, seized his castles in Leon -and Castile, as she would have seized his person, but -that to escape her anger he fled to Portugal for shelter.<a id="FNanchor_25" href="#Footnote_25" class="fnanchor">25</a></p> - -<hr class="tb" /> - -<p>No less determined was her conduct in the matter -of the Grand-Mastership of Santiago.</p> - -<p>There were in Spain three religio-military orders: -the Knights of Alcantara, the celibate Knights of -Calatrava—who were the successors of the Knights -Templars—and the Knights of Santiago. This last -order had been founded for the purpose of affording -protection to the pilgrims who came into Spain to -visit the shrine at Compostella of St. James the -Apostle, who is alleged to have been the first to bear -the message of Christianity into the Iberian Peninsula.<a id="FNanchor_26" href="#Footnote_26" class="fnanchor">26</a> -These pilgrimages, chiefly from France, were a great -source of revenue to the country, and it became of -importance to ensure their immunity from the predatory -hordes that infested the highways. Further, -<span class="pagenum" id="Page_60">60</span> -the Knights of Santiago had found employment for -their arms in the crusade waged on Spanish soil -against the Moors, in token whereof they wore the -Crusader’s cross in red upon their white cloaks. They -acquired great power and wealth, possessing castles -and convents in every part of Spain, so that the office -of Grand Master of the Order was one of great weight -and importance—too great, in the opinion of Isabella, -to be in the hands of a subject.</p> - -<p>This opinion she boldly manifested in 1476, when -the death of Don Rodrigo Manrique left the office vacant. -She took horse, as was her custom, and rode to Huete, -where the Chapter of the Order was assembled upon the -business of the necessary election, and she frankly urged -that to an office so exalted it was not fitting that any -but the King should be elected.</p> - -<p>The proposal was not received with satisfaction. -Ferdinand was an Aragonese, and despite the union of -the two kingdoms which must be completed when he -should succeed to the throne of Aragon, he was still -looked upon as a foreigner by the Castilians. Under -Isabella’s insistence, however, a compromise was -effected. The Chapter consented to elect Ferdinand -to the office of Grand-Master on condition that he -should nominate a gentleman of Castile to act as his -deputy for the discharge of the duties of the position. -This was done, and Alonso de Cardenas—a loyal -servant of the Sovereigns—was chosen as the royal -deputy. Thus Isabella established it that the appointment -of Grand-Master of the Order of Santiago -should be a royal prerogative.</p> - -<hr class="tb" /> - -<p>Even more strikingly than in either of the instances -cited does the Queen’s resolute, spirited nature manifest -itself in her manner of dealing with a revolt that took -place in Segovia at the commencement of her reign.</p> - -<p>During the war with Portugal the Catholic Sovereigns -had entrusted their eldest daughter, the Princess -Isabella, to the care of Andrés de Cabrera, the Seneschal -<span class="pagenum" id="Page_61">61</span> -of the Castle of Segovia, and his wife, Beatriz de -Bobadilla.</p> - -<p>Cabrera, a man of stern and rigid equity, had -occasion to depose his lieutenant, Alonso Maldonado, -from his office, conferring this upon his own brother-in-law, -Pedro de Bobadilla. Maldonado conspired to -avenge himself. He begged Bobadilla’s permission to -remove some stones that were in the castle, upon the -pretext that he required them for his own house, and -he sent some men of his own to fetch them. These -men, who were secretly armed, having gained admission, -stabbed the sentry and seized the person of -Bobadilla, whilst Maldonado, with other of his people, -took possession of the castle itself. The inmates of -the Alcazar, hearing the uproar, fled to the Homenaje -Tower, taking with them the Infanta, who was five -years of age at the time. Fortified in this, they defied -Maldonado when he attacked it. Finding it impregnable, -the rebel ordered Bobadilla to be brought -forward, and threatened the besieged that unless they -admitted him he would put the prisoner to death.</p> - -<p>To this threat Cabrera’s dignified reply was that -Maldonado must do as he pleased, but the gates would -not be opened to him.</p> - -<p>By this time a multitude of the townspeople had -gathered there, alarmed by the disturbance and armed -for any emergency. To these Maldonado cunningly -represented that what he was about was being done in -their interests against the overbearing tyranny of the -Governor, and he invited them to join hands with him -in the cause of liberty to complete the work he had -so excellently begun. The populace largely took sides -with him, so that Segovia was flung into a state of -war. There was constant fighting in the streets, and -the gates were in the hands of the rebels, with the -exception of that of St. John, which was held for -Cabrera.</p> - -<p>It is believed that it was Maria de Bobadilla herself -who, stealing undetected from the Alcazar, escaped -<span class="pagenum" id="Page_62">62</span> -from Segovia and bore to the Queen the news of what -was taking place, and the consequent peril of the royal -child.</p> - -<p>Upon learning this, Isabella instantly repaired to -Segovia. The leaders of the rebellion had news of -her approach, but dared not carry their insubordination -to the length of closing the gates against her. They -went so far, however, as to ride out to meet her and -to attempt to deny admittance to her followers; and -her counsellors, seeing the humour of the populace, -urged her to be prudent and to accede to their wishes. -But her proud spirit flared up under that cautious -advice.</p> - -<p>“Learn,” she cried, “that I am Queen of Castile, -that this city is mine, and that no conditions are to be -imposed upon me before I enter it. I shall enter, -then, and with me all those whom I may judge necessary -for my service.”</p> - -<p>With that she ordered her escort forward, and -entered the city by a gate that was held by her -partisans, and so won through to the Alcazar.</p> - -<p>Thither flocked the infuriated mob, and thundered -at the gates, demanding admission.</p> - -<p>The Queen, notwithstanding the remonstrances of -the Cardinal of Spain and the Count of Benavente, -who were with her, ordered the gates to be thrown -open and as many admitted as the place would hold. -The populace surged into the courtyard, clamouring -for the Seneschal. To meet them came the slight, -fair young queen, alone and fearless, and when in their -astonishment they had fallen silent—</p> - -<p>“People of Segovia,” she calmly addressed them, -“what do you seek?”</p> - -<p>Dominated by her serenity, awed by her majesty, -their fury fell from them. Humbly now they urged -their grievance against Cabrera, accusing him of -oppression, and imploring of the Queen’s grace his -demission.</p> - -<p>Instantly she promised them that their request -<span class="pagenum" id="Page_63">63</span> -should be granted; whereupon the revulsion was -complete, and the mob that but a few moments earlier -had been yelling threats and execrations now raised -their voices loyally to acclaim her.</p> - -<p>She commanded them to return to their homes and -their labours, and to leave the administration of justice -in her hands, sending her their ambassadors to prefer -their complaint against Cabrera, which she would investigate.</p> - -<p>As she commanded so it was done, and when she -had examined the accusations against the Seneschal -and satisfied herself that they were groundless, she -announced him free from guilt and reinstated him in -his office, the conquered people bowing submissively -to her ruling.<a id="FNanchor_27" href="#Footnote_27" class="fnanchor">27</a></p> - -<p>In 1477 Isabella moved into Andalusia, in which -province, as elsewhere, law and order had ceased to -exist. She entered Seville with the proclaimed intention -of demanding an account of the guilty. But at -the very rumour of her approach and the business -upon which she came, some thousands of the inhabitants -whose consciences were uneasy made haste to -depart the city.</p> - -<p>Alarmed by this depopulation, the Sevillans implored -the Queen to sheathe the sword of justice, -representing that after the bloody affrays that for -years had been afflicting the district there was scarcely -a family in which some member was not answerable to -the law.</p> - -<p>Isabella, gentle and merciful by nature—which -renders her association with the Inquisition the more -deplorable—lent an ear to these representations, and -granted an amnesty for all crimes committed since the -death of Henry IV. But she was not so lenient with -those who had prostituted the justice which they -administered in her name. Informed of the judges -who were making a trade and extortion of their judgments, -<span class="pagenum" id="Page_64">64</span> -she punished them by deposition, and herself -fixed the scale of legal costs to be observed in future.</p> - -<p>Finding a mass of impending law-suits which the -misrule of the past years had put upon the province, -she directed her attention to clearing up this Augean -stable. Every Friday, attended by her Council, she -sat in the great hall of the Alcazar of Seville to hear -the plaints of the most humble of her subjects; and -so earnestly and vigorously did she go to work that in -two months she had disposed of litigations that might -have dragged on for years.</p> - -<hr class="tb" /> - -<p>Upon her accession she had found the royal -treasury exhausted by the inept administration of the -last two reigns and the prodigal, reckless grants that -Henry IV and Juan II had made to the nobles. -This condition of things had seriously embarrassed -the Catholic Sovereigns, and they had been driven to -various expedients to raise the requisite funds for the -war with Portugal. Now that the war was at an end, -they found themselves without the means necessary to -maintain the royal state.</p> - -<p>Isabella made a close investigation of the grants -that had been made by her brother and father, and -she cancelled all those that were the fruit of caprice -and wantonness, restoring to the Crown the revenues -that had been recklessly alienated and the taxes that -the country had hitherto paid to none but the bandits -who oppressed it.</p> - -<p>Similarly she found the public credit entirely -ruined. Under the late king such had been the laxity, -that in three years no less than 150 public mints had -been authorized, and this permitted such abuses that -a point had been reached where it almost seemed that -every Spaniard minted his own money, or that, as -Rosseeuw St. Hilaire puts it, “coining was the country’s -chief industry.”</p> - -<div id="i_64" class="figcenter"> -<img src="images/i_64.jpg" alt="" /> -<p class="small"><i>Photo by Alinari.</i></p> - -<p class="caption">POPE INNOCENT III. AND ST. DOMINIC.<br /> -From a Fresco in the Church of the Sacro Speco, Subiaco.</p> -</div> - -<p>She reduced the number of mints to five, and -exercised the severest control over their output, -<span class="pagenum" id="Page_65">65</span> -thereby liberating trade from the fear of fraud that -had been stifling it. An increased and steadily increasing -prosperity was the almost immediate result -of this wise measure.</p> - -<hr class="tb" /> - -<p>Having restored order in the country, she turned -her attention to the Court, applied herself to the -purification of its morals, and set about converting it -from the disgusting licence that had prevailed in her -brother’s time.</p> - -<p>Herself of a rigid chastity, she exacted the same -purity of conduct in all the women who approached -her, and she submitted the noble damsels brought up -at her Court to the very strictest surveillance. Loving -the King very sincerely, she was notoriously inclined -to jealousy: let him but look too assiduously upon any -lady of her train, and Isabella found a way to remove -her from the Court. She saw to it that the pages -who were in waiting upon her should be given a -good education, that thus they might avoid the idleness -which unfailingly leads to waste of character and to -immorality. Finally, according to Bernaldez,<a id="FNanchor_28" href="#Footnote_28" class="fnanchor">28</a> she extended -her moral reforms to the convents, which were -no less in need of them than the Court, and she corrected -and punished the great depravity that was -permeating all conventual orders.<a id="FNanchor_29" href="#Footnote_29" class="fnanchor">29</a></p> - -<p>There is no chronicler of her reign who does not -dilate upon her great piety. Bernaldez compares her -to St. Helena, the mother of the Emperor Constantine,<a id="FNanchor_30" href="#Footnote_30" class="fnanchor">30</a> -<span class="pagenum" id="Page_66">66</span> -and describes her as very devoted to the Holy Faith -and very obedient to Holy Church. Bernaldez, of -course, was writing after the establishment of the -Inquisition, of which he, in common with other contemporary -and subsequent chroniclers, very warmly -approved; and he may have been very largely influenced -by consideration of the support which she -had unfortunately lent to its introduction into Castile. -But that her piety was extreme and sincere we infer -from the moment that we see her, after the battle -of Toro, which definitely gave her the crown, going -barefoot to church to a service of thanksgiving.</p> - -<p>Yet, however ardent her piety, it would not carry -her the length of recognizing in the Pope the temporal -over-lord of Castile.</p> - -<p>From the thirteenth century the power of the -Church had been increasing in Spain under the dogma -of the spiritual sovereignty of Rome over all the -Catholic churches of the world. The clergy had amassed -enormous wealth with that facility so peculiarly their -own when the occasion is afforded them, and to this -end they had abused the reckless, foolish liberality of -Isabella’s predecessors.</p> - -<p>Lucius Marinæus informs us that the incomes of -the four archbishoprics—Toledo, Santiago, Seville, -and Granada—amounted to 134,000 ducats,<a id="FNanchor_31" href="#Footnote_31" class="fnanchor">31</a> whilst -those of the twenty bishoprics came to some 250,000 -ducats.</p> - -<p>Surrounded as she was by priestly counsellors -whom she respected, she nevertheless manifested -plainly her impatience of the clerical usurpation of the -rights of the Crown. The chief of these abuses was -no doubt that practised by the Pontiff himself, in -conferring upon foreigners the highest and richest -benefices of the Church of Spain, ignoring that it -was the prerogative of the Crown to name the bishops—always -<span class="pagenum" id="Page_67">67</span> -subject to papal confirmation. That -Isabella, devout and priest-surrounded as she was, -should have dared to oppose the Holy See and the -terrible Pope Sixtus IV, as fearlessly as she had -opposed her predatory nobles, is perhaps the highest -proof that history can yield of her strength of -character.</p> - -<p>Her smouldering indignation flared out when the -Pope, ignoring her nomination of her chaplain, Alonzo -de Burgos, to the vacant bishopric of Cuenca, appointed -his own nephew, Raffaele Riario, Cardinal of -San Sisto, to that vacant see.</p> - -<p>Twice already had she sought the pontiff’s confirmation -of nominees of her own for other benefices—the -Archbishopric of Saragoza and the Bishopric of -Tarragona—and on each occasion her nominee had -been set aside in favour of a creature of the Pope’s. -But this third contemptuous disregard of her prerogative -was more than her patience could endure. -The Catholic Sovereigns refused to ratify the appointment -of Riario, and begged the Pope—submissively -at first—to cancel it.</p> - -<p>But the harsh, overbearing Sixtus returned an -answer characteristic of his arrogant nature. It was -his, he announced, to distribute at his pleasure all the -benefices of Christendom; and he condescended to -explain that the power which it had pleased God to -confer upon him on earth could not be limited by -any will but his own, and that it was governed only -by the interests of the Catholic Faith, of which he -was the sole arbiter.</p> - -<p>But his stubbornness met a stubbornness as great. -The Catholic Sovereigns replied by withdrawing -their ambassador from the Papal Court, and issuing -an injunction to all Spanish subjects to leave Rome.</p> - -<p>Matters were becoming strained; an open rupture -impended between Spain and the Vatican. But the -Sovereigns had notified the Pope that it was their -intention to summon a general council of the Church -<span class="pagenum" id="Page_68">68</span> -to settle the matter in dispute, and no Pope of those -days could contemplate with equanimity a general -council assembled for the purpose of sitting in judgment -upon his decrees. Whatever the result, since -at these councils the papal authority was questioned, -it must follow that thereafter that authority would be -impaired. Therefore this was the stock threat employed -to bring a recalcitrant pontiff to a reasonable -frame of mind.</p> - -<p>It made Sixtus realize the strength of purpose that -was opposed to him; and, knowing as he did that this -resoluteness backed an undeniable right which he had -violated, he perceived that he dared carry insistence -no further. So, despite his earlier assertion that the -power which he held from God could be limited by -no will but his own and governed by no consideration -but that of the interests of the Faith, he gave way -completely.</p> - -<p>The three royal nominees were duly confirmed in -the vacant sees, and Sixtus gave an undertaking that -in future he would make no appointments to the -benefices of Spain save of such ecclesiastics as the -Catholic Sovereigns should nominate.<a id="FNanchor_32" href="#Footnote_32" class="fnanchor">32</a></p> - -<p>It is to be added that in acting upon this signal -victory which she had won, Isabella used the faculty -it gave her with such pious wisdom, sincerity, and -discretion that had the Pope but followed her example -in the appointment of dignitaries, it would have contributed -to the greater honour and glory of the -Church. For she sternly opposed the granting of -benefices upon any grounds but those of absolute -merit.</p> - -<p>Having won her way in this, she was the better -able to curb the predatory habits of her clergy by -edicts that limited their power to proper clerical confines.</p> - -<hr class="tb" /> - -<p>“It is amazing,” comments Pulgar, “that a woman -should have been able, single-handed and in so little -<span class="pagenum" id="Page_69">69</span> -time, by her judgment and perseverance to accomplish -what many men and great kings had been unable to -do in many years.”</p> - -<p>“Properly to judge the notable improvements,” -says Rosseeuw St. Hilaire,<a id="FNanchor_33" href="#Footnote_33" class="fnanchor">33</a> “which this reign effected -in industry and agriculture, it would be necessary to -follow year by year the table of ordinances issued by -the Catholic Sovereigns. It would be seen that in -many things the genius of the founders of the Castilian -Monarchy forestalled the work of centuries. The -happy results of these reforms were soon experienced -everywhere: the highways were purged of malefactors, -new roads of communication were opened up, -rivers were bridged, consular tribunals established -in commercial centres, consulates created in Flanders, -England, France, and Italy; with maritime commerce -expanding daily and in a measure with the progress -of industry, new buildings sprang up in every city, -and the population rapidly increased. All announced -a new era of regeneration in Castile. Contemporary -writers, struck by these prodigies, exalt with one voice -this glorious reign which opens new destinies to -Spain.”</p> - -<hr class="tb" /> - -<p>It is certain that in no other country in Europe -at this date were the laws so well maintained and the -rights of the individual so well protected. Justice -was rigorously done, there were no longer arbitrary -imprisonments and sequestrations, whilst the unequal -and capricious taxation of the past was abolished for -all time.</p> - -<p>“Such,” says Marinæus, “was the strict justice -meted out to each in this happy reign that all men, -nobles and knights, traders and husbandmen, rich and -poor, masters and servants, were treated alike and -received equally their share of it.”</p> - -<hr class="tb" /> - -<p>Where so much was good, where so much stout -<span class="pagenum" id="Page_70">70</span> -service was done to the cause of progress and civilization, -it is the more deplorable to find in this reign the -one evil thing that is now to be considered—so evil -that it must be held to counterbalance and stultify all -the excellences of Isabella’s sway.</p> - -<p>The particular praise which so far we have heard -their contemporaries bestowing upon the Catholic -Sovereigns, is a praise which every man in every age -must echo.</p> - -<p>But there was praise as loud upon another score, -as universally uttered by every contemporary and many -subsequent historians, some no doubt because they -were sincere in the deadly bigotry that inspired it, -others because they did not dare to express themselves -in different terms.</p> - -<p>“By her,” cries Bernaldez, as a climax to his -summing-up of her many virtues and wise provisions, -“was burnt and destroyed the most evil and abominable -Mosaic, Talmudic, Jewish heresy.”</p> - -<p>And Mariana, the historian, accounts the introduction -of the Inquisition into Spain the most glorious -feature of the reign of Ferdinand and Isabella. He -is setting it above all the moral splendours of that day -when he exclaims:</p> - -<p>“Still better and happier fortune for Spain was the -establishment in Castile at about this time of a new -and holy tribunal of severe and grave judges for the -purpose of inquiring into and punishing heretical -pravity and apostasy....”<a id="FNanchor_34" href="#Footnote_34" class="fnanchor">34</a></p> - -<p>It would be unjust to suppose that there is a -man to be found to-day in the Church of Rome, of -which the Spanish Inquisition was a deplorable and -integral part, who can turn with us in other than regret -to consider this black shadow that lies across one of -the brightest pages of history. -<span class="pagenum" id="Page_71">71</span></p> - -<h2 id="CHAPTER_V">CHAPTER V<br /> - -<span class="medium">THE JEWS IN SPAIN</span></h2> - -<p>You have seen the Catholic Sovereigns instilling order -into that distracted land of Spain, enforcing submissiveness -to the law, instituting a system of police for the -repression of brigandage, curtailing the depredations -of the nobles, checking the abuses and usurpations of -the clergy, restoring public credit, and generally quelling -all the elements of unrest that had afflicted the -State.</p> - -<p>But one gravely disturbing element still remained -in the bitter rancour prevailing between Christian -and Jew.</p> - -<p>“Some clerics and many laymen,” says Pulgar,<a id="FNanchor_35" href="#Footnote_35" class="fnanchor">35</a> -“informed the Sovereigns that there were in the Kingdom -many Christians of Jewish extraction who were -Judaizing<a id="FNanchor_36" href="#Footnote_36" class="fnanchor">36</a> again and holding Jewish rites in their -houses, and who neither believed the Catholic Faith -nor performed the Catholic duties. They implored -the Sovereigns, as they were Christian princes, to -punish that detestable error, because if left unpunished -it might so spread that our Holy Catholic Faith must -receive great harm.”</p> - -<hr class="tb" /> - -<p>Exactly to realize the position at the time, and -the force behind the arguments employed to induce -<span class="pagenum" id="Page_72">72</span> -the Catholic Sovereigns to complete the ordering of -the kingdom by the repression of the re-Judaizing, or -apostasy, of the New-Christians—as the baptized Jews -and their descendants were termed—it is necessary -to take at least a brief retrospective survey of the -history of the Israelites in Spain.</p> - -<hr class="tb" /> - -<p>At what period the Jews first appeared in the -peninsula it is not easy to determine with accuracy.</p> - -<p>Salazar de Mendoza and other ancient historians, -who base their writings upon the work of Tomás -Tamayo de Vargas, put forward views upon this -subject that are curious rather than important.</p> - -<p>They assert that the Kingdom of Spain was -founded by Tubal, the son of Japhet, who had Europe -for his portion when the division was made among the -sons of Noah. Hence it was called Tubalia, and later -on Sepharad by the Jews, and Hesperida by the -Greeks. They hold that the first Jews in the Iberian -Peninsula were probably those who came with Nebuchadnezzar -II, King of Chaldea, and that he brought -with him, in addition to Chaldeans and Persians, ten -tribes of Israel, who peopled Toledo,<a id="FNanchor_37" href="#Footnote_37" class="fnanchor">37</a> and built there -the most beautiful synagogue that had been theirs -since the temple of Solomon. This synagogue, -Mendoza states, afterwards became the Convent of -Santa Maria la Blanca (a statement which the architecture -of Santa Maria la Blanca very flatly contradicts). -He further informs us that they built another synagogue -at Zamora, and that those who worshipped -there always prided themselves—his point of view, -of course, is narrowly Christian—that to them had -been addressed St. Paul’s Epistle to the Hebrews.</p> - -<p>They founded a university at Lucena (near -Cordova), and schools where the law was taught, -so that the holy Jewish religion spread rapidly, and -was observed throughout Spain until the coming of -<span class="pagenum" id="Page_73">73</span> -Our Lord into the world. Then, in 37 <span class="smcap">A.D.</span>, the -Apostle St. James came to preach the new gospel -in Iberia, “so that Spain was the first land after -Judea to receive the holy law of grace.” Following -the writings of Vargas, he goes so far as to say: -“and although to many it has seemed apocryphal -that the Toledo Jews wrote to denounce the Passion -of Our Lord, the assertion is not without good -foundation.”<a id="FNanchor_38" href="#Footnote_38" class="fnanchor">38</a></p> - -<p>Amador de los Rios is probably correct in his -opinion that the Jews made their first appearance -in Spain during the Visigothic dominion, after the -fall of Jerusalem; and scarcely had they settled in -the peninsula when they began to experience the -bitterness of persecution. But after they had been -delivered from this by the Saracen invaders, to whom -by race and creed they were fairly sympathetic, they -enjoyed—alike under Moslem and Christian rule—a -season of prosperity in Spain, which endured until -the close of the thirteenth century. And this notwithstanding -the undercurrent of mutual contempt and -hatred, of Christian for Jew and Jew for Christian, -that was invincible in an age of strong religious feeling.</p> - -<p>To the Christian every Jew he encountered was -his natural and hereditary enemy, a descendant of -those who had crucified the Saviour; therefore he was -<span class="pagenum" id="Page_74">74</span> -an object of execration, a man upon whom it must -be meritorious to avenge the world’s greatest crime -which had been perpetrated by his forbears.</p> - -<p>The Jew, on the other hand, held the Christian in -a contempt as thorough. From the standpoint of his -own pure and unadulterated monotheism, he looked -scornfully upon a religion that must appear to him no -better than an adaptation of polytheism, developed -upon the doctrines of one whom the Jews had rejected -as an impostor who had attempted to usurp the place -of the promised Messiah. To the truly devout Jew -of those days the Christian religion can have been -little better than a blasphemy. Nor was that the only -source of his contempt. Looking back upon his own -splendid ancestry, upon the antiquity of his race -and the high order of its culture—the fruit of -centuries of intellectual evolution—what but scorn -could he entertain for these Spaniards of yesterday’s -hatching, who were just emerging from the slough -of barbarism?</p> - -<p>It is clear that mutual esteem between the races -was out of all question in an age of strong religious -prejudices. Toleration, however, was possible, and -the Jew applied himself to win it. To this end he -employed at once the vices and the virtues of the -unfortunate, which centuries of tribulation had rendered -inherent in him.</p> - -<p>Armed with a stoicism that was almost pitiful, he -donned a mask of indifference to confront expressed -hatred and contempt; to violence he opposed cunning -and the long-suffering patience that is so peculiarly -his own—the patience that is allied with a high order -of intelligence; the patience which, interpreted into -“an infinite capacity for taking pains,” has been -urged as the definition of genius, and is the secret -of the Jew’s success wherever he is established.</p> - -<p>In the cohesion in a foreign land of this people -that cannot keep together as a nation, and in their -extraordinary commercial acuteness, lies the strength -<span class="pagenum" id="Page_75">75</span> -of the Jews. They grew wealthy by their industry -and thrift, until they were in a position to purchase -those privileges which in Christendom are the birth-right -of every Christian. Their numbers, too, made -it difficult in Spain to treat them with contumely; for -upon the reasoned estimate of Amador de los Rios<a id="FNanchor_39" href="#Footnote_39" class="fnanchor">39</a> -there were close upon a million Jews in Castile at the -end of the thirteenth century.</p> - -<p>They formed by their solidarity—as they always -do—an <i>imperium in imperio</i>, a state of their own -within the state; they had their own language and -customs; they were governed by their own laws, -which were enforced by their Rabbis and chiefs, and -they pursued their own religion unmolested, for even -the observation of the Sabbath was respected by the -Castilians. Thus they came to create for themselves -in a foreign country a simulacrum of their own -native land.</p> - -<p>It is true that they were afflicted from time to time -by sporadic, local persecutions; but in the main they -enjoyed a tolerance and religious liberty which the -poor harried Albigenses beyond the Pyrenees might -well have envied. For the Church, which had already -established the Inquisition, was very far—for reasons -that shall be considered in the next chapter—from -instigating any persecution of the Children of Israel. -Thus, Honorius III, whilst carrying forward the -policy of Innocent III, and enjoining the extirpation -of heretics in Southern France and elsewhere, confirmed -(November 7, 1217) the privileges accorded to -the Jews by his predecessors upon the throne of St. -Peter. These were that no Jew should be constrained -to receive baptism; that should he incline to embrace -the Christian Faith he must be received in it with -love and benevolence; that his feasts and religious -ceremonies must be respected by Christians; that -the whipping or stoning of Jews be forbidden and -punished; that their burial-places be held sacred. -<span class="pagenum" id="Page_76">76</span></p> - -<p>And when King Ferdinand III—afterwards -canonized—wrested Seville from the Moors (1224), he -made over one of the best districts of the city to the -Jews, and gave them the four mosques contained in it -that they might convert them into synagogues.</p> - -<p>The only restraint placed upon them by the law -was that they must refrain, under pain of death, from -attempting to proselytize among Christians, and that -they must show respect for the Christian religion.</p> - -<p>These were the halcyon days of Hebrew prosperity -in Spain. Their distinguished abilities were recognized, -and they won to many positions of importance -in the government. The finances of the kingdom -were in their control, and Castile prospered under -their able administration of its commerce. Alfonso VIII, -in whose reign it is estimated there were 12,000 Jews -in Toledo alone, employed a Jew as his treasurer, and -did not disdain to take a Jewess for his mistress—an -interesting little fact in view of the law that was so -soon to be promulgated on that subject.</p> - -<p>Hardly less than their value to the nation’s commerce -were their services to science, art, and literature. -They excelled particularly in medicine and chemistry, -and the most skilful doctors and surgeons of the -Middle Ages were men of their race.</p> - -<hr class="tb" /> - -<p>In the middle of the thirteenth century a change -unfortunately set in, and this external harmony so -laboriously established was disturbed by an excrescence -of the real feelings that had never ceased to underlie -it. Largely the Jews were themselves to blame. -Deluded by the religious liberty that was conceded -them, by the dignities to which men of their faith -had climbed, and by the prosperity which they had -attained, they failed to perceive that their accumulated -wealth was in itself a menace to their safety.</p> - -<p>Emboldened by the consideration shown them, -they committed the imprudence of giving a free rein -to their Oriental taste for splendour; they surrounded -<span class="pagenum" id="Page_77">77</span> -themselves with luxury, and permitted themselves an -ostentatious magnificence in their raiment and equipages, -and thus proclaimed the wealth they had -been amassing through generations of comparative -obscurity.</p> - -<p>Had they confined themselves to this strictly personal -display all might yet have been well. But being -dressed and housed in princely fashion, they put on -princely ways. They grew haughty and arrogant with -the horrible arrogance of wealth. They allowed their -disdain of the less affluent Christians to transpire in -their contemptuous bearing towards them, and being -unchecked in this it was but another step to abuse the -privileges which they enjoyed.</p> - -<p>Their parade of wealth had provoked envy—the -most dangerous and maleficent of the passions implanted -in the human heart. Their arrogance and cavalier -bearing stirred that envy into activity.</p> - -<p>Questions arose touching the sources of their -wealth. It was propounded against them that their -usurious practices had ruined many of the Christians -whom they now dared to spurn. And although usury -had been sanctioned and it had been proclaimed lawful -for them to charge a rate of interest as high as 40 per -centum, it was suddenly remembered that usury had in -all times been uncompromisingly condemned by the -Church—and by the term usury the Church then -understood any interest, however slight, paid upon -borrowed money.</p> - -<p>Fanaticism began to stir uneasily in its slumber, -and presently, under the spur of greed, it roused itself -and reared its horrid head. Public feeling against -the Israelites was increased by the fact that they had -practically acquired control of the ever-unpopular -offices for the collection of taxes.</p> - -<p>The populace grew menacing. Evil tales concerning -them were put about, and they were accused, -among other ritual abominations, of practising human -sacrifices. -<span class="pagenum" id="Page_78">78</span></p> - -<p>Whether there was any real ground for the accusation -is one of those historical mysteries that baffle the -student. On the one hand it seems impossible to -collect sufficient data to establish any single one of the -many specific accusations made; whilst on the other -hand, in view of the persistence with which the charge -crops up in different countries and at different epochs,<a id="FNanchor_40" href="#Footnote_40" class="fnanchor">40</a> -it would be presumptuous to dismiss it as groundless.</p> - -<p>The first official recognition of the accusation is to -be found in the code known as the <i>Partidas</i>, promulgated -by Alfonso XI (1256-1263), which contains the -following clause:</p> - -<p>“As we hear that in some places the Jews on Good -Friday make a mocking commemoration of the Passion -of Our Lord Jesus Christ, stealing boys and crucifying -them, or making waxen images and crucifying these -when boys are not procurable, we order that should it -become known that hereafter, in any part of our realm, -such a thing is done, all those whom it is ascertained -are connected with the deed shall be arrested and -brought before the King. And when he shall have -satisfied himself of the truth of the charge he shall have -them put to death, as many as they may be.”<a id="FNanchor_41" href="#Footnote_41" class="fnanchor">41</a></p> - -<hr class="tb" /> - -<p>Llorente mentions four specific cases of ritual -murder, to which he appears to attach credit:</p> - -<p>1250.—A choir-boy of the Metropolitan Church of -Zaragoza, named Domingo de Val, crucified by Jews. -He was afterwards canonized and worshipped at -Zaragoza as a martyr.</p> - -<p>1452.—A boy crucified by Jews at Valladolid.</p> - -<p>1454.—A boy from the lordship of the Marquess -of Almarza, near Zamora, crucified. His heart was -afterwards burnt and the ashes were consumed in wine -by the Jews who attended the ceremony. The body -<span class="pagenum" id="Page_79">79</span> -was afterwards discovered by a dog, and this led to -the arrest of the culprits and their conviction.</p> - -<p>1468.—At Sepulveda, in the Bishopric of Segovia, -a boy was taken on the Thursday of Holy Week, and -on Good Friday he was crowned with thorns, whipped, -and finally crucified. The Bishop, D. Juan Arias, -having received intelligence of this crime, instituted -an inquiry which resulted in the arrest of several men, -who, being convicted, were put to death.</p> - -<hr class="tb" /> - -<p>Llorente gives as his authority for the third and -fourth cases the “Fortalicium Fidei” of Espina—by -no means an authority to be unquestioningly accepted. -For the second he mentions no authority whatever; -whilst for fuller information upon the first he refers -his readers to the “Historia de Santo Domingo de -Val,” which is of no more authority than most works -of this class.<a id="FNanchor_42" href="#Footnote_42" class="fnanchor">42</a> But the canonization of this victim -gives rise to thought; for it was never the way of the -Church of Rome to proceed recklessly and without due -evidence in such matters. Even if it were, however, -it would be necessary in this case to show a motive for -such recklessness. The only motive possible would -be the desire to create justification for a persecution -of the Jews. But, as has been said—and as shall -presently be made abundantly clear—it never was -the aim of the Church of Rome to engage in such -persecution or to incite to it.</p> - -<p>The famous case of the crucifixion of the “Holy -Infant” of La Gardia, whose trial was directed by -Torquemada himself, shall be considered in its proper -place.</p> - -<p>As is well known, the practice of human sacrifice is -an extremely old one; and it has been associated in -varying forms with many widely different cults. The -earliest absolutely historical instance of Jews resorting -to it is probably that quoted by Dr. J. G. Frazer -(in “The Golden Bough”) from the “Historia -<span class="pagenum" id="Page_80">80</span> -Ecclesiastica” of Socrates. The scholiast relates -how in 416, at Imnestar in Syria, a company of Jews -during one of their festivals fell to deriding Christians -and their Christ. At the height of their frenzy they -seized a boy, bound him to a cross, and hung him up. -A brawl was the result, and the authorities intervened -to make the Jews pay dearly for their crime.</p> - -<p>Amador de los Rios, in dealing with the spread -of this charge against the Spanish Hebrews in the -thirteenth century, attributes it to the subject’s having -been made the theme of an exceedingly dramatic -narrative poem in the “Milagros de Nuestra Señora” -by Gonzalo de Berceo. At the same time he does -not go so far as to urge that the story upon which the -ballad was founded may not have had its roots in fact. -On the contrary, he suggests that such may have been -the case, and having chronicled the persistence of the -accusation, he refrains from expressing any definite -opinion on the subject, hesitating either to accept, or -to dismiss as idle calumnies, these charges of ritual -murder.</p> - -<p>From the able arguments that have been put -forward on this same subject by Frazer and Wendland, -it is to be concluded that in any case the -Christians were mistaken in assuming that these -alleged crucifixions held at the Feast of Purim—whether -of human beings or of effigies—were intended -as a mockery of the Passion of the Redeemer. -Their origin is a far more ancient one, involving a -rite of which the Sacrifice of Golgotha may itself have -been an individual celebration—the commemoration -of the hanging of Haman—which, again, was the -continuation of a ritual practised by the Babylonians -and acquired from them by the Jews during their -captivity.<a id="FNanchor_43" href="#Footnote_43" class="fnanchor">43</a></p> - -<div id="i_80" class="figcenter"> -<img src="images/i_80.jpg" alt="" /> -<p class="small"><i>Photo by Lacoste.</i></p> - -<p class="caption">ISABELLA THE CATHOLIC.<br /> -From a Painting in the Prado Gallery, attributed to Miguel Zittoz.</p> -</div> - -<p>Whatever may be the truth of this matter of ritual -<span class="pagenum" id="Page_81">81</span> -murder, there is no doubt that these rumours were -diligently spread to inflame the popular mind against -the Jews.</p> - -<p>Fanatical monks—ignoring the papal injunctions -of forbearance and toleration towards the Children of -Israel—went forth through Castile preaching the iniquity -of the Jews and God’s wrath to fall upon the land that -harboured them. Thus incited, and perceiving profit -in the business, the faithful rose to destroy them. -Massacres and pillages were the inevitable result, -although as a rule the authorities were prompt to intervene -and repress the populace’s combined fanaticism -and quest for plunder.</p> - -<p>But when in 1342 the Black Death spread over -Europe, the Dominicans and others renewed their -denunciations, and led men to believe the Jews -responsible for the pestilence that afflicted the land. -In Germany they were ruthlessly given to choose -between death and baptism, and they suffered horribly -until Pope Clement VI stepped in to save them. He -besought the Emperor to restrain his murderers; and -finding that his pleadings lacked effect, he launched -the thunderbolts of excommunication against all who -should continue to engage in the persecution of the -Jews.</p> - -<p>Stricken with terror before that awful menace of -the Church, the faithful paused in the carnage, and -the voice of denunciation fell silent.</p> - -<hr class="tb" /> - -<p>Thus, for a season, they won a little measure of -peace. But throughout the fourteenth century spurts -of persecution broke out here and there, and massacres -took place in Castile, Aragon, and Navarre. The -authorities, too, with the precedent of the Partidas -before them, whilst not going the length of sanctioning, -or even permitting violence where they could repress -it, yet practised upon the Jews the most flagrant and -cruel injustices. Of these the worst instance is that -of the tax of 20,000 gold dobles levied upon the -<span class="pagenum" id="Page_82">82</span> -aljamas of Toledo by Henry II on his accession in -1369. To realize this sum he ordered the public sale -not only of the property of the Jews, but actually -of their persons into slavery, as is to be seen by his -decree.<a id="FNanchor_44" href="#Footnote_44" class="fnanchor">44</a></p> - -<p>The persecutions with which they were visited -were chiefly procured by the monks, who went abroad -preaching against them, fomenting the hatred of the -Christians against a people who were largely their -creditors. Even where the religious incentive was -insufficient, the easy way of wiping out debts which -this gratification of their piety afforded proved irresistible -to a people whose flagrant immorality—in -every sense of the term—went hand in hand with -their perfervid devoutness.</p> - -<p>These persecutions, as we have said, the authorities -made haste to quell. But there arose presently a -rabid fanatic who proved altogether irrepressible. -His name was Hernando Martinez. He was a -Dominican friar, and Canon of Ecija. Of his sincerity -there can be no doubt; and their sincerity is the -most terrible thing about such men, blinding them -to the point of utter madness. He was ready to suffer -any martyrdom sooner than be silent in a cause in -which he considered it his sacred duty to give tongue. -About this sacred duty he went forth, screaming his -denunciations of the Jews, frenziedly inciting the mob -to rise up and destroy this accursed race, these enemies -of God, these crucifiers of the Saviour. Indeed, he -could not have shown a more fierce and frothing hatred -of them had they been the very men who at the throne -of Pilate had clamoured for the blood of Christ—and -for whose pardon the gentle Redeemer had prayed -in His expiring moments: a matter this which escaped -the attention of the Archdeacon of Ecija, being—like -many another—too full of piety to find room for -Christianity in his soul. -<span class="pagenum" id="Page_83">83</span></p> - -<p>Appeals against him were made to the Archbishop -of Seville, whose official, or representative, he was. -He was ordered by his Archbishop to desist, and when -in flagrant disobedience to his superior he continued to -preach his gospel of blood and hatred, appeals were -made to the King, and even to the Pope; and by -King and Pope was he commanded to cease his -inflammatory sermons.</p> - -<p>But he defied them all alike. In his fanatical fury -he carried his contumacy so far as to call in question -the papal authority, and to declare illicit the sanction -given by the popes for the erection and preservation -of synagogues. This was perilously akin to heresy. -Men had been sent to the stake for less, and Hernando -Martinez must have been utterly mad if he conceived -that the Church would permit him to continue the -diffusion of such doctrines.</p> - -<p>He was brought before the episcopal court to -answer for his words. He answered defiantly—told -them that the breath of God was in him, and that it -was not for men to stop his mouth.</p> - -<p>Thereupon Don Pedro Barroso—the archbishop—ordered -that he should stand his trial for contumacy -and heresy, and meanwhile suspended him from all -jurisdiction and all duties as archiepiscopal official.</p> - -<p>It happened, however, that Barroso died shortly -thereafter, before the trial could take place; and -Martinez contrived to get himself elected by the -Chapter to the position of one of the provisors of the -diocese pending the appointment of a successor to -Barroso. Thus he resumed his power and the faculty -to preach; and he used it so ruthlessly that in December -of 1390 several synagogues in Seville were -laid in ruins by the mob acting in obedience to his -incitement.</p> - -<p>The Jews appealed to the King for protection, and -the authorities, now thoroughly roused, ordered that -Martinez be deposed from his office and forbidden to -preach, and that the demolished synagogues be rebuilt -<span class="pagenum" id="Page_84">84</span> -by the Chapter which had made itself responsible by -electing him.</p> - -<p>But Martinez, ever defiant, disregarded both King -and Chapter. He pursued his bloodthirsty mission, -stirring up a populace that was but too ready to perceive—through -his arguments—a way to perform an -act that must be pleasing to God whilst enriching -itself at the same time. What populace could have -been proof against such reasoning?</p> - -<p>Finally, in the summer of 1391, the whole country -was ablaze with fanatical persecution. The fierce -flames broke out first in Seville, under the assiduous -fanning of the deposed archdeacon.</p> - -<p>Three years before, in view of the harm that it -was urged the Jews were doing to religion by their -free intermingling with Christians, King John I had -ordered them to live apart in districts appointed for -them, which came to be known as Juderias (Jewries -or ghettos). It was commanded that the Christians -should not enter these, and that for purposes of trade -the Jews should come to the public markets and there -erect tents, but they must own no house or domicile -beyond the precincts of the Juderias, and they must -withdraw to these at nightfall.</p> - -<p>Into the Juderia of Seville the mob now penetrated, -wrought by Martinez to a pitch of frenzy almost -equal to his own. They went armed, and they put -the place to sack and slaughter, butchering its every -tenant without discrimination or pity for age or sex. -The number of the slain has been estimated at some -four thousand, men, women, and children.<a id="FNanchor_45" href="#Footnote_45" class="fnanchor">45</a></p> - -<p>From Seville the conflagration spread to the other -cities of Spain, and what had happened there happened -in Burgos, Valencia, Toledo, and Cordova, and further -in Aragon, Cataluna, and Navarre, whilst the streets -of Barcelona are said to have run with the blood of -immolated Jews.</p> - -<p>Into the Jewry of every town went the infuriated -<span class="pagenum" id="Page_85">85</span> -mob to force Christ—as these Christians understood -Him—upon the inhabitants; to offer the terror-stricken -Jews the choice between steel and water—death -and baptism.</p> - -<p>So mighty and violent was the outbreak that the -authorities were powerless to quell it, and where they -attempted to do so with any degree of determination -they were themselves caught in the fury of the -populace. Nor did the slaughter cease until the -Christians were glutted, and some fifty thousand Jews -had perished.</p> - -<p>The churches were now filled with Jews who -came clamouring for baptism, having perceived that -through its waters lay the way to temporal as well as -to spiritual life, and having in most cases—in the -abject state of terror to which they had been reduced—more -concern for the former than for the latter. -Llorente estimates the number of baptized at over a -million, and this number was considerably swelled by -the conversions effected by St. Vincent Ferrer, who -came forth upon his mission to the Jews in the early -years of the fifteenth century, and who induced -thousands to enter the fold of Christianity by his -eloquence and by the marvels which it is said he -wrought.</p> - -<hr class="tb" /> - -<p>The fury of the mob having spent itself, peace -was gradually restored, and little by little those Jews -who had remained faithful to their religion and yet -survived began to come forth from their hiding-places, -to assemble, and, with the amazing, invincible patience -and pertinacity of their race, to build up once more -the edifice that had been demolished.</p> - -<p>But if the sword of persecution was sheathed, the -spirit that had guided it was still abroad, and the Jews -were made to experience further repressive measures. -Under decrees of 1412-13 they lost most of the few -privileges that the late king had left them.</p> - -<p>It was ordained by these that henceforth no -<span class="pagenum" id="Page_86">86</span> -Jew should occupy the position of a judge even in a -Hebrew court, nor should any Jew be permitted to -bear witness. All synagogues were to be closed or -converted into Christian temples, with the exception -of one in every town in which Jews should be -established. They were forbidden to continue the -practice of the professions of medicine, surgery, and -chemistry, in which they had specialised with such -good results to the community. They were no longer -to occupy the offices of tax-collectors, and all commerce -with Christians was forbidden them. They -must neither buy nor sell in trade with Christians, nor -eat with them, nor use their baths, nor send their -children to the same schools. The ghetto was ordered -to be walled round, so as to be enclosed and cut off -from the rest of the city, and they were forbidden -to issue from it. Intercourse between a Jew and a -Christian woman was forbidden under pain of death -by burning, even though the woman were a prostitute. -They were forbidden to shave, and compelled to -allow their beards and hair to grow, in addition to -which they were ordered to wear as a distinguishing -mark a circle of red cloth upon the shoulder of their -gabardines. They were further compelled to hear -three sermons annually from a Christian preacher, -whose aim it was to pour abuse and contumely upon -them, to inveigh against their accursed race and creed, -to assure them of the certainty of the damnation that -awaited them, and to exalt before them the excellences -of the Catholic religion (based, be it remembered, that -we may fully savour the irony, upon Faith, Hope, and -Charity).<a id="FNanchor_46" href="#Footnote_46" class="fnanchor">46</a></p> - -<p>When King John I had established the Juderias -in 1388, curtailing at the same time the privileges -which until then the Jews had enjoyed—at least by -paying for them—there had been many who, finding -the restraint imposed upon them altogether intolerable, -had abandoned the faith of their fathers and embraced -<span class="pagenum" id="Page_87">87</span> -Christianity. Those who held the affairs of this -world in esteem had sought baptism, and whilst many -in doing so had entirely broken with the past—and -often, as is the way of converts, become zealots in -their observance of the faith embraced—many others, -whilst outwardly complying with the obligations of the -Christian religion, continued in secret to observe the -law of Moses and their Jewish rites. Similarly these -further decrees against their liberty had the effect of -causing still more numerous conversions to Christianity.</p> - -<p>These converts were termed “New-Christians” -by the Spaniards. By those of their own race who -had remained faithful they were called “marranos”—a -contemptuous epithet derived from <i>Maran-atha</i>, -(“The Lord is coming”), but supposed by the -Christians to signify “accursed.” It came into general -use before very long.</p> - -<p>These New-Christians, as a consequence of their -conversion, gained not merely the privileges recently -lost to them as Jews, but found themselves upon a -footing of absolute equality with the Old-Christians; -every profession was open to them, and by applying -themselves to these with all their energy and intelligence, -they found themselves before very long in -possession of some of the highest offices in the land.</p> - -<p>But in the meanwhile the rigour of the decrees -of 1412 came to be considerably relaxed; a degree -of liberty and of intermingling with Christians was -permitted to the Jews, and many of the offices which -they had occupied of old came once more under their -control, chiefly those concerned with commerce and -finance and the farming of the taxes. Under the -deplorable rule of Henry IV the nobles, whose slave -he was, demanded that he should “expel from his -service and States the Jews who, exploiting public -misery, have contrived to return to the appointments -of tax-gatherers.”</p> - -<p>The weak King agreed, but neglected to execute -<span class="pagenum" id="Page_88">88</span> -his promise; it was presently forgotten, and the -Jewish section of the community was allowed to -continue under the conditions of ease we have -described. Under these conditions was it found by -Ferdinand and Isabella upon their accession, nor does -it appear that they paid any particular attention to it -until invited to do so by the “clerics and laymen” -who, as Pulgar<a id="FNanchor_47" href="#Footnote_47" class="fnanchor">47</a> tells us, represented to them that in -the re-Judaizings that were taking place was matter for -their jurisdiction. -<span class="pagenum" id="Page_89">89</span></p> - -<h2 id="CHAPTER_VI">CHAPTER VI<br /> - -<span class="medium">THE NEW-CHRISTIANS</span></h2> - -<p>It must clearly be understood that so far the Inquisition, -which for some three centuries already had been -very active in Italy and Southern France, had not -reached Castile.</p> - -<p>Even as recently as 1474, when Pope Sixtus IV -had ordered the Dominicans to set up the Inquisition -in Spain, and whilst in obedience to that command -inquisitors were appointed in Aragon, Valencia, Cataluña, -and Navarre, it was not held necessary to make any -appointment in Castile, where no heresy of any account -could be perceived. Trials of such offences against -the Faith as might occur were conducted by the bishops, -who were fully empowered to deal with them; and -such offences being rare, the necessity for a special -tribunal did not suggest itself, nor did the Pope press -the matter, desirous though he might be to see the -Inquisition universally established.</p> - -<p>There was, of course, a large Hebrew population, -and also a considerable number of Moslems, in the -peninsula. But these did not come within the jurisdiction -of any ecclesiastical court. The Inquisition -itself could take no cognizance of them, as they did not -offend against the Faith.</p> - -<p>Explanation is perhaps necessary. We touch here -upon a point on which the religious persecution known -as the Inquisition compares favourably with any other -religious persecution in history, and in common justice -this point should not—as but too frequently has been -<span class="pagenum" id="Page_90">90</span> -the case—be obscured. There is too little to be urged -in favour of this tribunal so terribly inequitable in its -practices that we can afford to slur over the one feature -of its constitution that is invested with a degree of -equity.</p> - -<p>Whatever may have been the case in the course of -civil and popular persecutions, whatever may have been -done by a frenzied populace at the instigation of odd -fanatical preachers acting without the authority of their -superiors in giving rein to the fierce bigotry they had -nurtured in their souls, the Church herself, it must be -clearly understood, neither urged nor sanctioned the -persecution of those born into any religion that was -not in itself a heresy of the Roman Faith. The tribunal -of the Inquisition was established solely—and moved -solely—to deal with those who apostatized or seceded -from the ranks of the Roman Church, precisely as an -army deals with deserting soldiers. Fanatical, horribly -narrow, cruelly bigoted as was the spirit of the Inquisition, -yet the inquisitors confined their prosecutions to -apostates, to the adulterers of a faith whose purity and -incorruptibility they had made it their mission to -maintain.</p> - -<p>If the Church repressed liberty of conscience, if she -stifled rationalism and crushed independence of thought, -she did so only where her own children were concerned—those -who had been born into the Catholic Faith or -who had embraced it in conversion. With those born -into any other independent religion she had no concern. -To Jew, Moslem, Buddhist, and Pagan, and to the -savages of the New World, when it came presently -to be discovered, she accorded the fullest religious -freedom.</p> - -<p>To appreciate this, it is but necessary to consider -such enactments as those of Honorius III for the -protection of the Jews, of Clement VI, who threatened -their persecutors with excommunication, and the action -of Pope and Archbishop in the case of the inflammatory -sermons of Hernando Martinez. It is sufficient -<span class="pagenum" id="Page_91">91</span> -to consider that when the Jews were driven out of -Spain—as shall presently be seen—they actually found -a refuge in Rome itself, and were received with kindliness -by Pope Alexander VI (Roderigo Borgia), which -in itself is one of the oddest ironies that ecclesiastical -history can offer.</p> - -<p>And if this is not sufficient, let us for a moment -consider the immunity and comparative peace enjoyed -by the Jews who dwelt in Rome itself, in their district -of Trastevere.</p> - -<p>They were a recognized section of the community -in the Papal City. On his coronation procession each -Pope would pause near the Campo de’Fiori to receive -the company of Jews that came, headed by the Rabbi, -to pay homage to their sovereign—precisely as their -ancestors had come to pay homage to the emperor.</p> - -<p>To the Vicar of Christ the Rabbi would now -proffer the rolls of the Pentateuch, swathed in a cloth. -The Pope would take them into his hands, to show -that he respected the law contained in them, and -would then put them behind him, to signify that this -law now belonged to the past. From behind the -Pontiff the Rabbi would receive back his sacred -scriptures, and depart with his escort, usually accompanied -by the jeers, insults, and vituperations of the -Roman populace.<a id="FNanchor_48" href="#Footnote_48" class="fnanchor">48</a></p> - -<p>It will be understood, then, that the Inquisition’s -establishment in Spain was not urged for the purpose -of persecuting the Jews. It had no concern with -Jews, if we confine the term purely to its religious -meaning, signifying the observers of the law of Moses. -Its concern was entirely with the apostasy of those who, -although of the Jewish race, had become Christians by -conversion. By the subsequent secret re-Judaizings, -or return of these New-Christians to the religion of -their fathers (which they had abandoned out of -material considerations), they came within the jurisdiction -of the Inquisition, and rendered themselves liable -<span class="pagenum" id="Page_92">92</span> -to prosecution as heretics, a prosecution which could -never have overtaken them had they but continued in -their original faith.</p> - -<p>There is no denying that many of those who had -been baptized against their will, as the only means of -saving their lives when the fury of the Christian mob -was unleashed against them, had remained Jews at -heart, had continued in secret to practise the Jewish -rites, and were exerting themselves to bring back to -the fold of Israel their apostate brethren. Others, -however, upon receiving baptism may have determined -to keep the law to which they now pledged themselves -and to persevere honestly in Christianity. Yet -many of the old Jewish observances were become -habitual with them: the trained—almost the hereditary—repugnance -to certain meats, the observance of -certain feast days, and several minor domestic laws -that are part of the Jewish code, were too deeply -implanted in them to be plucked up by the roots -at the first attempt. Time was required in which they -could settle into Christian habits; two or three generations -might be necessary in some families before these -habits came to be perfectly acquired and the old ones -to be entirely obliterated. Had those who urged the -Sovereigns to introduce the Inquisition into Castile, -or had the Sovereigns themselves but perceived this -and exercised the necessary and reasonable patience -in the matter, Spain might have been spared the -horrors that took root in her soil and sapped the -vigour and intellectual energy of her children, so that -in her case decadence pressed swift and close upon -the very heels of supreme achievement.</p> - -<p>Execrable as is the memory of the Inquisition to -all the world, to none should be it so execrable as -to Spain, since the evil that it wrought recoiled entirely -upon herself.</p> - -<hr class="tb" /> - -<p>It was on the occasion of Isabella’s first visit to -Seville—that punitive visit already mentioned—that -<span class="pagenum" id="Page_93">93</span> -the establishment of the Holy Office in Spain was -first proposed to her. The King was at the time -in Estremadura upon the business of fortifying his -frontiers against Portugal.</p> - -<p>The proposal came from Alonso de Ojeda, the -Prior of the Dominicans of Seville, a man who -enjoyed great credit and was reputed saintly (“vir -pius ac sanctus,” Paramo calls him).</p> - -<p>Seeing her zeal to put down lawlessness and to -purify and restore order to the country, Ojeda urged -upon her notice the spread of the detestable Judaizing -movement that was toward. He laid stress upon the -hypocrisy that had underlain so many of the conversions -of the Jews. He pointed out—with some -degree of justice—that these men had made a mock -of the Holy Church, had defiled her sacraments, and -had perpetrated the most abominable sacrilege by their -pretended acceptance of the Christian faith. He -urged that not only must this be punished, but that -the havoc which these Judaizers were working among -the more faithful New-Christians, and the proselytizing -which they went so far as to attempt among Old-Christians, -must be checked.</p> - -<p>To carry out this urgently-required purification, he -implored the Queen to establish the Inquisition.<a id="FNanchor_49" href="#Footnote_49" class="fnanchor">49</a></p> - -<p>There was a speciousness, and even a justice, in -his arguments which must have impressed that pious -lady. But her piety, intense as it was, did not carry -her to the lengths required of her by her priestly -counsellor. The balance of her splendid mind was -singularly true. She perceived that here was matter -that called for a remedy; but she perceived also the -fanaticism inspiring the friar who stood before her, -and realized how his fanaticism must exaggerate the -evil.</p> - -<p>She was aware also of the extreme malevolence of -which the New-Christians were the object. By their -conversion they might have deflected the religious -<span class="pagenum" id="Page_94">94</span> -hostility of the Castilians; but the more deeply-rooted -racial antagonism remained. It not only remained, -but it was quickened by the envy which these New-Christians -were exciting. The energy and intelligence -inherent in men of their race were serving them now, as -they had served them before, to their undoing. There -were no offices of eminence in which New-Christians -were not to be found; there were none in which they -did not outnumber the Old-Christians—the pure-blooded -Castilians.</p> - -<p>This the Queen knew, for she was herself surrounded -by converts and the descendants of converts. -Several of her counsellors, her three secretaries—one -of whom was that chronicler, Pulgar, whose record of -the situation has been quoted—and her very treasurer -were all New-Christians.<a id="FNanchor_50" href="#Footnote_50" class="fnanchor">50</a></p> - -<p>These men Isabella knew intimately, and esteemed. -Judging the New-Christians generally by those in her -immediate service, she was naturally led to discount -Ojeda’s imputations against them. She perceived the -source of these imputations, and she must have taken -into consideration the ineradicable bitterness of the -popular feeling against Jews and the intensity of a -prejudice which extended—as we have said—to the -New-Christians to such an extent that they continued -to be known as “Judios,” notwithstanding their conversion, -so that often in contemporary chronicles it is -difficult to determine to which class the writer is -referring.</p> - -<p>We have said that, in spite of conversions, the -racial hostility remained. The Christian attitude -<span class="pagenum" id="Page_95">95</span> -towards the Hebrew had not changed in the hundred -years that were sped since, under the incitings of the -Archdeacon of Ecija, the mob had risen up and -massacred them. They were the descendants of the -crucifiers always.</p> - -<p>A vestige of this feeling lingers to this day in the -peninsula. In the vocabulary of the Portuguese -lower orders, and even of the indifferently educated, -there is no such word as “cruel.” “Jew” is the -term that has entirely usurped its functions, and as an -injunction against cruelty to man or beast, “Don’t be -a Jew!” (<i>Não seja judeu!</i>) is still the only phrase.</p> - -<p>No conception of what was the popular feeling at -the time can be conveyed more adequately than by a -translation of the passage from Bernaldez concerning -the manners and customs of the Jews. Bernaldez -was a priest, and therefore, to some extent, an -educated man—as in the main his history bears -witness—yet a piece of writing so ludicrously stupid -and detestably malicious as this passage can only have -emanated from a mind in which bigotry had destroyed -all sense of proportion.</p> - -<p>The only historical value of the passage lies in the -deplorable fact that undoubtedly it may be accepted -as a faithful mirror of the prejudice that existed in -Isabella’s day.</p> - -<p>It runs:</p> - -<p>“Just as heretics and Jews have always fled from -Christian doctrines, so they have always fled from -Christian customs. They are great drinkers and -gluttons, who never lose the Jewish habit of eating -garbage of onions and garlic fried in oil, and of meat -stewed in oil, which they use instead of lard; and oil -with meat is a thing that smells very badly, so that -their houses and doorways stink vilely of that garbage; -and they have the peculiar smell of Jews in consequence -of their food and of the fact that they are not -baptized. And although some have been baptized, -<span class="pagenum" id="Page_96">96</span> -yet the virtue of the baptism having been annulled by -their credulity [<i>i.e.</i> their adherence to their own faith] -and by their Judaizing, they stink like Jews. They -will not eat pork save under compulsion. They eat -meat in Lent and on the eve of feast days.... They -keep the Passover and the Sabbath as best they -can. They send oil to the synagogues for the lamps. -Jews come to preach to them in their houses secretly—especially -to the women, very secretly. They have -Rabbis to slaughter their beasts and poultry. They -eat unleavened bread in the Jewish season. They -perform all their Jewish rites as much in secret as -possible, and women as well as men seek whenever -possible to avoid the sacraments of Holy Church.... They -never confess truthfully, and it happened that a -priest, once confessing one of these, cut a fragment of -cloth from his garment, saying: ‘As you have never -sinned, let me have this as a relic to heal the sick.’... -Not without reason did Our Lord call them <i>generatio -prava et adultera</i>. They do not believe that God -rewards virginity and chastity, and all their endeavour -is to multiply. And in the days of the strength of this -heresy many monasteries were violated by their merchants -and wealthy men, and many professed nuns -were ravished and derided, they not believing in or -fearing excommunication, but rather doing this to -vituperate Jesus Christ and the Church. Commonly -swindling people by many wiles and cheats, as in -buying and selling, they have no conscience where -Christians are concerned. Never would they undertake -agriculture, ploughing or tilling or raising cattle, -nor have they ever taught their children any office but -that of sitting down to earn enough to eat by as little -labour as possible. Many of them have raised up -great estates in a few years, not being sparing of -their thieving and usury, maintaining that they earn -it from their enemies....”<a id="FNanchor_51" href="#Footnote_51" class="fnanchor">51</a></p> - -<div id="i_96" class="figcenter"> -<img src="images/i_96.jpg" alt="" /> -<p class="small"><i>Photo by Donald Macbeth.</i><br /> -</p> - -<p class="caption">SEVILLE.<br /> -From Colmenar’s “Délices d’Espagne.” -<span class="pagenum" id="Page_97">97</span></p> -</div> - -<p>This atrocious tissue of misrepresentation would be -utterly negligible and contemptible were it not for the -fact—as has been said—that it was written in good -faith (the good faith of a bigot) and reflects what was -currently believed, fostered by the envy which is -plainly revealed when Bernaldez alludes to the occupations -of the Jews and the New-Christians—all of whom -he assumes to be false to the faith they have embraced.</p> - -<p>Isabella must have been conscious of this feeling, -and she must have rated it at its proper value. She -had received in 1474 a very pitiful narrative poem of -the New-Christian Anton Montoro, which painted -with terrible vividness a slaughter of the <i>conversos</i> -and implored justice upon the assassins, protesting -the innocence of the New-Christians and the sincerity -of their conversions. Her gentle nature must have -been moved to compassion by that lament, and her -acute mind must have perceived the evil passions -and the envy that were stirring under the fair cloak -of saintly zeal.</p> - -<p>All these considerations being weighed, she resisted -the representations of Ojeda.</p> - -<p>But weightier than any may have been the reflection -of the power which the tribunal of the -Inquisition must place in the hands of the clergy. -Already and very bravely she had expressed her -resentment of clerical usurpation of royal rights in -Spain, and to repress it she had not hesitated to -front the Pope himself. If she acceded now to Ojeda’s -request, she would be permitting the priesthood to set -up a court which, not being subject to any temporal -law, must alienate from her some portion of that -sovereignty which so jealously she guarded.</p> - -<p>Thus she came to dismiss the petition of the -Dominican, and there can be little doubt when all the -circumstances are considered—as presently they shall -be—that in this she had the entire support of the -Cardinal of Spain, Don Pedro Gonzalez de Mendoza, -Archbishop of Seville, who was with her at the time. -<span class="pagenum" id="Page_98">98</span></p> - -<p>Ojeda withdrew, baffled, but by no means resigned. -He awaited a more favourable season, what time he -kept the popular feeling in a state of ferment. And -no sooner had Ferdinand come to rejoin his Queen -in Seville than the Dominican renewed his importunities.</p> - -<p>He hoped to find an ally in the King. Moreover -he was now supported by Fr. Filippo de’ Barberi, the -Sicilian Inquisitor. The latter had newly arrived in -Spain, where he came to seek at the hands of the -Catholic Sovereigns—who were rulers of Sicily—the -confirmation of an ancient decree promulgated in 1223 -by the Emperor Frederic II. By virtue of this -decree one-third of the confiscated property of heretics -became the perquisite of the Inquisition; and it also -ordained that the governors of all districts should -afford protection to the inquisitors and assistance in -their work of prosecuting heretics and any Jew who -might have contracted marriage with a Christian.</p> - -<p>These privileges the Sovereigns duly confirmed, -accounting it their duty to do so since they related to -the Inquisition as established by Honorius III. But -not on that account did Isabella yet lean towards the -introduction of the tribunal into Castile.</p> - -<p>It happened, however, that to the arguments of -Ojeda and Barberi were added the persuasions of the -papal legate <i>a latere</i> at the court of Castile—Nicolao -Franco, Bishop of Trevisa—who conceived, no doubt, -that the institution of the Inquisition here would be -pleasing to Pope Sixtus IV, since it must increase the -authority of the Church in Spain.</p> - -<p>To Ferdinand it is probable that the suggestion -was not without allurement, since it must have offered -him a way at once to gratify the piety that was his, -and—out of the confiscations that must ensue from the -prosecution of so very wealthy a section of the community—to -replenish the almost exhausted coffers of -the treasury. When the way of conscience is also the -way of profit, there is little difficulty in following it. -<span class="pagenum" id="Page_99">99</span> -But, after all, though joint sovereign of Spain and -paramount in Aragon, Ferdinand had not in Castile -the power of Isabella. It was her kingdom when all -was said, and although his position there was by no -means that of a simple prince-consort, yet he was bound -by law and by policy to remain submissive to her will. -In view of her attitude, he could do little more than -add his own to the persuasions of the three priestly -advocates, and amongst them they so pressed Isabella -that she gave way to the extent of a compromise.</p> - -<p>She consented that steps should be taken not only -to check the Judaizing of the New-Christians, but also -to effect conversions among the Jews themselves; and -she entrusted the difficult task of enforcing the observance -of the Christian faith and the Catholic dogmas -to the Cardinal of Spain—than whom, from a Christian -and humanitarian point of view, no man of his day -could have been more desirable, which is as much as -to say that from the point of view of his Catholic -contemporaries no man could have been less so.</p> - -<p>Isabella’s announcement of her determination in -the matter must have come as something of a shock to -Ojeda, who conceived himself on the way to prevail -with her. This concession to his wishes was far from -being the concession that he sought, since it passed -over the heads of the preaching friars, who had -made such work—by their own methods—their special -mission.</p> - -<p>The Queen, however, had decided, and there was -no more to be said. The Cardinal of Spain went -about his task in that sincere Christian spirit and with -that zeal for truth and justice that is associated with -his name. He compiled for the purpose of his mission -an <i>instrucción</i>, which has not survived, but which Ortiz -de Zuñiga<a id="FNanchor_52" href="#Footnote_52" class="fnanchor">52</a> and Pulgar<a id="FNanchor_53" href="#Footnote_53" class="fnanchor">53</a> inform us was in the form of -a catechism.</p> - -<p>In this “he indicates,” says Pulgar, “the duties of -<span class="pagenum" id="Page_100">100</span> -the true Christian from the day of his birth, in the -sacrament of baptism as in all other sacraments which -it is his obligation to receive, as well as what he should -be taught, what believe and what perform as a faithful -Christian at all times and on all days until the day of -his death.”</p> - -<hr class="tb" /> - -<p>Mariana, Zurita, and other historians, upon the -word of Paramo<a id="FNanchor_54" href="#Footnote_54" class="fnanchor">54</a> and of Salazar de Mendoza, have -ventured to ascribe the establishment of the Inquisition -in Castile to the Cardinal of Spain. Their object in -so doing has been to heap honour and glory upon -his name and memory; for in their opinion he could -have had no greater claim than this to the gratitude -and reverence of humanity. But the justice of a less -bigoted age demands that truth shall prevail in this -respect, and that his memory be deprived of that very -questionable honour. The Cardinal’s contemporaries -do not justify what Paramo claims for him. And, to -reduce the argument to its lowest plane, it would have -been extremely unlikely that Cardinal Mendoza should -advocate the establishment of a court that must deprive -him and the other Spanish bishops of the jurisdiction -in <i>causas de Fé</i> hitherto vested in themselves.</p> - -<hr class="tb" /> - -<p>The Primate pursued, then, the task imposed upon -him, causing his “catechism” to be expounded and -taught by all parish priests in all pulpits and schools.</p> - -<p>But however zealous his methods, they were not -the methods desired by Ojeda and the papal legate. -The Dominican, vexed by the turn of events, and -determined to return to the assault as soon as ever -occasion offered, cast about him for fresh arguments -that should prevail with the Sovereigns.</p> - -<p>And then there befell an incident in Seville to -supply his fanatical needs and place in his hands the -very weapon that he sought. -<span class="pagenum" id="Page_101">101</span></p> - -<p>A young nobleman of the famous house of Guzman -had engaged in an amorous intrigue with the daughter -of a New-Christian. In the pursuit of this amour he -repaired secretly to her father’s house on the night -of Thursday in Holy Week of that year 1478, and -was admitted by the girl. But the lovers being -disturbed by voices in the house, Guzman was driven -to conceal himself. From his concealment he overheard -the conversation of several Judaizers who were -being entertained by the father of his mistress. He -heard them vehemently denying the divinity of Christ -and as vehemently blaspheming His name and the -Holy Faith.</p> - -<p>Having quitted the house, he went straight to the -Prior of the Dominicans to relate what he had overheard -and to denounce the blasphemers.</p> - -<p>This young Castilian is so very interesting a type -that a slight digression to consider him more closely -may be permitted. It is of assistance to understand -the mental attitude, the crass complacency of the -bigot. He knew that the highest virtue that a Christian -could practise was the virtue of chastity, and, conversely, -that the worst offence against God into which -he could fall was that of unchastity. Or at least he -had been taught these things, and he accepted them in -a sub-conscious, automatic sort of way. Yet since the -sin was his own, it gave his consciousness no uneasiness -that he should perpetrate it, that he should slink -like a thief into the house of this New-Christian to -debauch his daughter. But let him hear this New-Christian -or his friends express opinions of disbelief -in this God whom he believed in and—by his own -lights—insulted, and behold him outraged in all his -feelings against those unspeakable fellows. Behold -him running hot-foot to Prior Ojeda to relate with -horror the tale of this vileness that he had overheard, -so little concerned about the vileness through which -he himself had acquired his knowledge that he makes -no effort to conceal it. And, apparently, the Dominican, -<span class="pagenum" id="Page_102">102</span> -in a like horror at the New-Christians’ offence against -a God in whom they do not believe, accounts of little -moment the Castilian’s offence against the God in -whom he does believe.</p> - -<p>It is a nice illumination of the contrast between the -theory and the practice of Christianity.</p> - -<p>Upon the young man’s information Ojeda instituted -an inquiry, and six Judaizers were arrested. -They confessed their guilt, and begged to be reconciled -to the Church. As the Inquisition had not yet -been established, with its terrible decree against -“relapsos,”<a id="FNanchor_55" href="#Footnote_55" class="fnanchor">55</a> their prayer was granted, after the fulfilment -of the penance imposed.<a id="FNanchor_56" href="#Footnote_56" class="fnanchor">56</a></p> - -<p>With the tale of this “execrable wickedness” -Ojeda repaired at once to Cordova, whither the -Sovereigns had by now withdrawn. The story would -lose nothing in its repetition by this pious and saintly -man, and he was in a position to add to it that the -good folk of Seville were almost in revolt from -indignation at that happening in their midst.</p> - -<p>Having shown thus how urgently it was required, -he once more implored the Sovereigns to establish the -Inquisition. And it is not to be doubted that his -petition would be backed by that of the legate Franco, -who was at the Court.</p> - -<p>Yet Isabella still showed repugnance, still hesitated -to consent to the extreme course advocated.</p> - -<p>But at this moment, according to Llorente,<a id="FNanchor_57" href="#Footnote_57" class="fnanchor">57</a> another -advocate appears upon the scene to plead the cause -of the Faith—a figure in the white habit and black -cloak of the Dominican Brotherhood, a man in his -fifty-eighth year, tall and gaunt and stooping slightly -at the shoulders, mild-eyed, of a cast of countenance -that is gentle, noble, and benign.</p> - -<p>This is Frey Tomás de Torquemada, Prior of the -<span class="pagenum" id="Page_103">103</span> -Dominican Convent of Holy Cross of Segovia, the -nephew of the late illustrious Juan de Torquemada, -Cardinal of San Sisto.</p> - -<p>His influence with the Queen is vast; his eloquence -fiery; his mental energy compelling. Ojeda looks on, -and his hopes grow confident at last. -<span class="pagenum" id="Page_104">104</span></p> - -<h2 id="CHAPTER_VII">CHAPTER VII<br /> - -<span class="medium">THE PRIOR OF HOLY CROSS</span></h2> - -<p>If ever a name held the omen of a man’s life, that -name is Torquemada. To such an extraordinary -degree is it instinct with the suggestion of the -machinery of fire and torture over which he was -destined to preside, that it almost seems a fictitious -name, a <i>nom de guerre</i>, a grim invention, compounded -of the Latin <i>torque</i> and the Spanish <i>quemada</i>, to fit -the man who was to hold the office of Grand -Inquisitor.</p> - -<p>It was derived from the northern town of -Torquemada (the Turre Cremata of the Romans), -where the illustrious family had its beginnings. This -family first sprang into historical distinction with the -knighting by Alfonso XI of Lope Alonso de Torquemada -(<i>Hijodalgo a los Fueros de Castilla</i>), and -thereafter was maintained in prominence by several -members who held more or less distinguished offices. -But the most illustrious bearer of the name was the -cultured Dominican Juan de Torquemada (Lope -Alonso’s great-grandson), who was raised to the purple -with the title of Cardinal of San Sisto. He was one -of the most learned, eminent, and respected theologians -of his age, an upholder of the dogma of the Immaculate -Conception, and the most ardent champion since -Thomas Aquinas of the doctrine of papal infallibility. -He enriched theological literature by several works, -the best known of which is his “Meditations.”</p> - -<p>Fr. Tomás de Torquemada was the son of the -<span class="pagenum" id="Page_105">105</span> -Cardinal’s only brother, Pero Fernandez de Torquemada. -He was born at Valladolid in 1420, and after -a scholastic career of some distinction—if Garcia -Rodrigo is to be believed in this particular<a id="FNanchor_58" href="#Footnote_58" class="fnanchor">58</a>—he -followed in his uncle’s footsteps, soliciting the habit -of the Order of St. Dominic, which he assumed in -the Convent of St. Paul of Valladolid upon completing -his studies of philosophy and divinity, and receiving -a doctor’s degree.</p> - -<p>He filled with distinction the chair of canon law -and theology, and in the fullness of time was elected -Prior of the Convent of Santa Cruz of Segovia. He -so distinguished himself in the discharge of the duties -of this office by his piety, his learning, and his zeal, -that he was repeatedly re-elected, there being at the -time no rule of the order to inhibit it. Such was the -austerity of his character that he never ate meat, or -used linen either in his clothing or on his bed.<a id="FNanchor_59" href="#Footnote_59" class="fnanchor">59</a> He -observed the rule of poverty imposed by his order so -rigorously that he was unable to provide his only -sister with an endowment suitable to her station, and -could allow her no more than would permit her to -live as a nun under the rule of the tertiary order of -St. Dominic.</p> - -<p>At what epoch the Prior of Holy Cross first -became the confessor of the Infanta Isabella it is not -now possible to ascertain. Jaime Bleda tells us that -in the fulfilment of this office he had extracted from -her, during her youth at the Court of her brother -King Henry IV, a promise that should she ever come -to the throne she would devote her life to the extirpation -of heresy from her realm.<a id="FNanchor_60" href="#Footnote_60" class="fnanchor">60</a></p> - -<p>This may be dismissed as one of those popular -<span class="pagenum" id="Page_106">106</span> -fictions that arise concerning the intimate affairs of -princes, for it cannot be said that it is borne out by -the circumstances under consideration.</p> - -<p>Isabella’s reluctance to proceed to extreme—or -even vigorous—measures against those of her subjects -accused of Judaizing is admitted by every serious -student of her reign, however opinions may vary as -to the motives that swayed her in this course.</p> - -<p>There remains, however, out of Bleda’s anecdote, -the fact that Torquemada had been Isabella’s confessor -in early years—which in itself bears out the statement -that the Dominican had achieved distinction. It -follows by virtue of his having occupied this office -that he must have acquired over the mind of a woman -so devout a considerable ascendancy where matters -connected with the Faith were concerned.</p> - -<p>This influence he came now to exert.</p> - -<p>To support it he brought an indubitable sincerity -and disinterestedness of motives; he brought a reputation -for sanctity derived from the rigid purity -of his life and the stern asceticism which he practised—a -reputation which could not fail to act upon the -imagination of a woman of Isabella’s pious temperament; -and, finally, he brought the dominant, masterful -personality and the burning eloquence that were his -own.</p> - -<p>When all this is taken into account it is not surprising -that the Queen’s resistance, weakened already by -the onslaughts of Ojeda and his associates, the King -and the papal legate, should at last have broken down; -and that under the compelling persuasion of the Prior -of Holy Cross she should reluctantly have consented -to the establishment of the Holy Office in her -dominions.</p> - -<hr class="tb" /> - -<p>Thus it befell that by order of the Catholic Sovereigns -their Orator at the Pontifical Court, D. Francisco -de Santillana, applied to Sixtus IV for a bull that -should empower Ferdinand and Isabella to set up the -<span class="pagenum" id="Page_107">107</span> -tribunal of the Inquisition in Castile, to enable them—as -Bernaldez puts it—to proceed to the extirpation of -heresy “by the way of fire”—<i>por via del fuego</i>.</p> - -<p>This bull was duly granted under date of November -7, 1478.</p> - -<p>It gave the Sovereigns the faculty of electing three -bishops or archbishops or other God-fearing and upright -priests, regular or secular, of over forty years of -age, who must be masters or bachelors of divinity and -doctors or licentiates of canon law, to make inquisition -throughout the kingdom against heretics, apostates, and -their abettors.</p> - -<p>His Holiness accorded to the men so elected the -requisite jurisdiction to proceed according to law and -custom, and he further empowered the Sovereigns to -annul such nominations as they might make and to -replace their nominees as they saw fit.<a id="FNanchor_61" href="#Footnote_61" class="fnanchor">61</a></p> - -<p>The Sovereigns were in Cordova when the bull -reached them in the following month of December. -But they did not at once proceed to act upon it. -Before doing so, Isabella made one last effort to repress -the Judaizing and apostatizing movement by the -gentler measures concerted with the Cardinal of Spain -in 1477.</p> - -<p>To the task of continuing with increased vigour -the teachings of the “catechism” drawn up by -Mendoza she now appointed Diego Alonso de Solis, -Bishop of Cadiz, D. Diego de Merlo, Coadjutor of -Seville, and Alonso de Ojeda, to whom these royal -orders must have been a fresh source of disappointment -and chagrin.</p> - -<p>Torquemada, we must assume, had withdrawn -once more to his convent of Segovia, and perhaps the -removal of his stern influence enabled the Queen to -make this last effort to avoid the course to which he -had all but constrained her.</p> - -<p>Having concluded these arrangements, the Sovereigns -repaired to Toledo. There, in the spring of -<span class="pagenum" id="Page_108">108</span> -the year 1480, the Cortes assembled to make oath of -fealty to the infant Prince of Asturias to whom Isabella -had given birth in June of 1478. Whilst this oath -was the chief motive of the assembly, it was by no -means the only business with which it had to deal. -Many other matters received attention; amongst -them the necessity for remedying the evils arising out -of the commerce between Christians and Jews was -seriously considered.</p> - -<p>It was decreed that the old laws concerning the -Jews, which lately had been falling into partial desuetude, -should be re-enforced, particularly those which -prescribed that all Jews should wear the distinguishing -badge of the circlet of red cloth on the shoulders of -their gabardines; that they should keep strictly to -their Juderias, always retiring to these at nightfall; -that walls to enclose these Juderias should be erected -wherever they might still be wanting, and that no Jew -should practise as a doctor, surgeon, apothecary, or -innkeeper.</p> - -<p>Beyond that, however, the Cortes did not go; and -the institution of the Inquisition to deal with Judaizers -was not so much as mentioned, which circumstance -Llorente accepts as a further proof of the Queen’s -antipathy to the Holy Office.</p> - -<p>Coming at a time when the Jews were once more -beginning to taste the sweets of freedom, there can be -little doubt that these provisions, which thrust them -back into bondage and ignominy, must have been -extremely galling to them. It is possible that these -measures against the men of his race spurred a New-Christian -to the rash step of publishing a pamphlet in -which he criticized and censured the royal action in -the matter. Carried away by his feelings, the writer—intentionally -or not—fell into heresy in the course of -his writings, to which the Jeronymite monk, Hernando -de Talavera, published a reply.</p> - -<p>Rodrigo<a id="FNanchor_62" href="#Footnote_62" class="fnanchor">62</a> assumes that this heretical pamphlet put -<span class="pagenum" id="Page_109">109</span> -an end to the Queen’s patience. It may very well have -been the case, or at least it may have afforded Ferdinand -and the others who desired the Inquisition a final -argument whereby to overcome what reluctance still -lingered with her.</p> - -<p>Be that as it may, it was very soon after this—September -27, 1480—that the Sovereigns, who at the -time were at Medina del Campo, acted at last upon -the papal bull which had now been in their hands for -nearly two years, and delegated their faculty of giving -inquisitors to Castile to the Cardinal of Spain and -Fr. Tomás de Torquemada.</p> - -<p>Mendoza and Torquemada proceeded at once to -carry out the task entrusted to them, and appointed as -inquisitors of the faith for Seville—where Judaizing -was represented to be most flagrant—the Dominican -friars Juan de San Martino and Miguel Morillo. The -latter was the Provincial of the Dominicans of Aragon, -and was already a person of experience in such matters, -having acted as inquisitor in Rousillon. To assist -them in the discharge of their office, the secular priest -Juan Ruiz de Medina, a doctor of canon law, and Juan -Lopez de Barco, one of the Queen’s chaplains, were -appointed, the former to the position of assessor, the -latter to that of fiscal.</p> - -<hr class="tb" /> - -<p>It is necessary, in view of the much that has been -written, and although the danger be incurred of labouring -the point, to examine more closely the attitude of -the Sovereigns towards the tribunal which they now -sanctioned.</p> - -<p>Isabella’s zeal, both pious and political, urged her, -as has been said, to proceed in such a way as should -set a term to the unrest arising out of the public feeling -against Judaizers and apostatizing Moriscoes (baptized -Moors). Ferdinand not only shared her feelings, but -pious zeal in him went to the lengths of bigotry, and -he aimed essentially at a political unity that should be -inseparably allied and interwoven with religious unity. -<span class="pagenum" id="Page_110">110</span></p> - -<p>Isabella would have laboured slowly, preferring, -even at the sacrifice of time, to achieve her ends by -gentle means and the exercise of that patience which -was so very necessary if good results were to be -obtained. Ferdinand, perhaps less pitiful, perhaps—to -do him full justice—less hopeful of the power of -argument and indoctrination, lending an ear to the -priestly assertion “contra negantes veritatis nulla est -disputatio,” would have proceeded at once to the introduction -into Castile of the stern repressive measures -already being exerted in his native Aragon.</p> - -<p>On the score of their different attitudes the -Sovereigns might have found themselves in conflict, -but that in this matter they had a ground of common -interest. Both were agreed that in no case should -Spain be brought under the ecclesiastical sway which -the establishment of the usual form of Inquisition must -set up. If this were to be—as usual hitherto—under -pontifical control, its officers would be appointed by -the Pope, or, vicariously, by the Dominican provincials, -and a proportion of the confiscations consequent -upon conviction would be gathered into the pontifical -coffers.</p> - -<p>For all his bigotry and his desire to see the Holy -Office instituted in Castile, Ferdinand was as averse -as Isabella to its introduction in a form that must -restore the clerical usurpations they had been at such -pains to repress.</p> - -<p>If Isabella admitted the Inquisition as a last means -of quelling the disturbing elements in her kingdom, it -must be an Inquisition on lines entirely different from -those which hitherto had obtained elsewhere. The -appointment of its officers must no more rest with -the Pope than the bestowal of Spanish benefices. It -must be the prerogative of the Sovereigns themselves, -and it must carry with it the power to depose and -replace, where necessary, such inquisitors as they -might appoint. Further, Rome must have no share -in the property confiscated from Spanish subjects, -<span class="pagenum" id="Page_111">111</span> -the disposal of this being entirely controlled by the -Sovereigns.</p> - -<p>It has been argued that here was the cause of all -Isabella’s hesitancy: that greed and statecraft were -the mainsprings of her conduct in the matter, and -that humanitarian considerations had no part in it; -that the bull had been applied for earlier than has -been generally supposed, and that the delay had -resulted from the Pope’s disinclination to grant any -such terms as were demanded.</p> - -<p>The latter statement may not be without foundation. -But to say deliberately that no humanitarian considerations -governed the Queen’s conduct is to say a -great deal more than the circumstances warrant. To -establish this hypothesis it would be necessary to -advance some adequate reason for her reluctance to -act upon the bull when once it was in her hands. -For the bull of November 1478 conceded all that -the Sovereigns demanded, all that they desired. Yet -Isabella allowed nearly two years to pass before -proceeding to exercise the faculties conferred by it, -and during that time Cardinal Mendoza and his co-operators -diligently pursued the work of effecting -conversions by means of his “catechism.”</p> - -<p>The conclusion that this was dictated by -humane considerations on the part of the Queen -is the only one that appears reasonable, nor is any -alternative put forward to account for the delay of -nearly two years.</p> - -<hr class="tb" /> - -<p>When the Cardinal of Spain and the Prior of -Holy Cross, acting jointly on behalf of the Sovereigns, -appointed the first inquisitors for Castile, they instructed -these to set up a tribunal in Seville, which of -all the cities of Spain was the one where Judaizing -was alleged to be most flagrantly conducted.<a id="FNanchor_63" href="#Footnote_63" class="fnanchor">63</a> -<span class="pagenum" id="Page_112">112</span></p> - -<p>The Sovereigns issued on October 9 a command -to all loyal subjects to afford the two inquisitors every -assistance they might require on their journey to -Seville and all facilities there for carrying out their -mission.</p> - -<p>The subjects, however, were so little loyal on this -occasion that upon the arrival of the inquisitors at -Seville, these found a reception of all solemnity awaiting -them and every respect accorded to them, but -no assistance. To such an extent was this withheld -that they found it quite impossible to set about the -business upon which they came. They complained -of this state of things to the King, and as a result -he sent special orders on December 27 to the Coadjutor -of Seville and the civil authorities of the -district, commanding them to lend the inquisitors -every support.</p> - -<p>In consequence of this they were at last enabled -to establish their court and proceed to the business -upon which they came.<a id="FNanchor_64" href="#Footnote_64" class="fnanchor">64</a></p> - -<p>The very rumour of their approach had filled the -New-Christians with anxiety, and a glimpse of the -gloomy funereal pageant—the white-robed, black-hooded -inquisitors, with their attendant familiars and -barefoot friars, the procession headed by a Dominican -carrying the white cross—on its way to the Convent -of St. Paul, where they took up their quarters, was -enough to put to flight some thousands of those who -had cause to fear that they might become the objects -of the attention of that fearful court.</p> - -<p>These fugitives sought refuge in the feudal lordships -of the Duke of Medina Sidonia, of the formidable -Rodrigo Ponce de Leon, Marquis of Cadiz, and of -the Count of Arcos.</p> - -<p>But in all ages it had been the way of the Inquisition -not only to suspect readily, but to allow suspicion -to usurp the place that elsewhere is reserved for proof. -And so they proceeded to construe into evidence of -<span class="pagenum" id="Page_113">113</span> -guilt this flight of the timorous, as is shown by the -edict they published on January 2 of 1481.</p> - -<p>In this—having set forth their appointment by -the Sovereigns, and the terms of the bull under which -such appointment had been made—they announced -that, inasmuch as it had come to their knowledge -that many persons had departed out of Seville in -fear of prosecution upon grounds of heretical pravity, -they commanded the Marquess of Cadiz, the Count -of Arcos, and the other nobles of the Kingdom of -Castile, that within fifteen days of the publication -of this edict they should make an exact account of -the persons of both sexes that had sought refuge -in their lordships or jurisdictions; that they should -arrest all these and bring them safely to the prison -of the Inquisition in Seville, confiscating their property -and placing this together with an inventory -in the hands of some person of trust, to be held by -them at the disposal of the inquisitors; that none -should dare to shelter any fugitive, but comply exactly -with the terms of this edict under pain of greater -excommunication and the other penalties by law -established against abettors of heretics, amongst which -penalties was that of the annulment of their dignities -and offices, their subjects and vassals being absolved -of all vassalage and subjection; and the inquisitors -reserved to themselves and their superiors the power -of absolution from the ecclesiastical censure incurred -by all who might fail to obey the terms of this edict. -<span class="pagenum" id="Page_114">114</span></p> - -<h2 id="CHAPTER_VIII">CHAPTER VIII<br /> - -<span class="medium">THE HOLY OFFICE IN SEVILLE</span></h2> - -<p>The stern purpose of the inquisitors and the severity -with which they intended to proceed were plainly -revealed by that edict of January 2, 1481. The -harsh injustice that lay in its call upon the authorities -to arrest men and women merely because they had -departed from Seville before departure was in any way -forbidden is typical of the flagrantly arbitrary methods -of the Inquisition. That it should have struck terror -into the New-Christians who had remained in Seville, -and that it should have moved them to take measures -to protect themselves against a court in which justice -seemed little likely to be observed, and to whose cruel -mercies the most innocent might find himself exposed -at any moment, is not surprising—particularly when it -is considered how great was the number of New-Christians -who occupied positions of eminence in -Seville.</p> - -<p>A group of these prominent citizens assembled at -the invitation of Diego de Susan, one of the wealthiest -and most influential men of Seville, whose fortune -was estimated at ten million maravedis. They came -together to consider what measures should be taken -for the defence of themselves, their persons and -property, from the unscrupulous activities of this -tribunal, and they determined that if necessary they -would resort to force.</p> - -<p>Among those who entered into this conspiracy -were some ecclesiastics, and several who held office -<span class="pagenum" id="Page_115">115</span> -under the Crown, such as the Governor of Triana, -Juan Fernandez Abolafio, the Captain of Justice and -farmer of the royal customs, his brother Fernandez -the licentiate, Bartolomé Torralba, and the wealthy -and well-connected Manuel Sauli.</p> - -<p>Susan addressed them. He reminded them that they -were the principal citizens of Seville, that they were -wealthy not only in property but in the good-will of -the people, and that it but required resolution and -solidarity on their part to enable them to prevail -against the inquisitors in the event of these friars -making any attempt upon them.</p> - -<p>All concurring, it was concerted that each of the -conspirators should engage himself to provide a proportion -of the men, arms, and money and what else -might be necessary for their purpose.</p> - -<p>But Susan to his undoing had a daughter. This -girl, whose beauty was so extraordinary that she was -surnamed <i>la hermosa fembra</i>, had taken a Castilian -lover. What motives may have actuated her, what -part the lover may have played in these, does not -transpire. All that is known is that she betrayed the -conspiracy to the inquisitors—“impiously violating -the natural laws engraved by God’s finger upon the -human heart.”</p> - -<p>Susan and his unfortunate confederates were seized -as a consequence of that infamous delation; they were -lodged in the cells of the Convent of St. Paul, which -meanwhile did duty as a prison, and brought to trial -before the Court of the Holy Office sitting in the -convent.<a id="FNanchor_65" href="#Footnote_65" class="fnanchor">65</a> -<span class="pagenum" id="Page_116">116</span></p> - -<p>They were tried for heresy and apostasy, of -course; since upon no other grounds was it possible -for the Holy Office to deal with them. It is unfortunate -that Llorente should have unearthed no -record of this trial—one of the first held by the Inquisition -in Castile—and that nothing should be known -of what took place beyond the fact that Susan, Sauli, -Bartolomé Torralba, and the brothers Fernandez were -found guilty of the alleged offence of apostasy and -were delivered up to the secular arm for punishment.</p> - -<p>Garcia Rodrigo has devoted a couple of pages of -his “Historia Verdadera” to an elaborate piece -of fiction in which he asserts that these men were -persistent in their error in spite of the strenuous -efforts made to save them. He invests the fanatical -Ojeda with the character of an angel of mercy, and -represents him hovering round the condemned, exhorting -them, almost with tears, to abjure their error, -and he assures us that although the Dominican persevered -in his charitable efforts up to the last moment, -all was vain.</p> - -<p>There is not a grain of evidence to support the -statement, nor does Garcia Rodrigo pretend to advance -any. As a matter of fact, Bernaldez, the only available -authority who mentions Susan’s end, tells us -specifically that he died a Christian. And when it is -considered that Bernaldez is an ardent admirer and -champion of the Inquisition, such a pronouncement -from his pen is sufficient to convict the inquisitors -Morillo and San Martin of having proceeded in a -manner that was vindictive and <i>ultra vires</i>. For at -this epoch it was not yet decreed that those who had -relapsed (<i>relapsos</i>) should suffer capital punishment -unless they persisted in their apostasy—as Rodrigo, -obviously for the purpose of justifying the inquisitors, -unwarrantably asserts did Susan and his confederates. -<span class="pagenum" id="Page_117">117</span></p> - -<p>Llorente considers the blood-lust of the inquisitors -established by these merciless convictions, -urging that it is incredible that all the prisoners should -have refused to recant and to submit themselves to -penance—even assuming that they were actually -guilty of apostasy as alleged. For when all is considered -it must remain extremely doubtful whether they -had Judaized at all, and it is not improbable—from -what we see of the spirit that actuated the inquisitors—that -Morillo and San Martin may have construed -the action of those men into an offence against the -Faith for the purpose of bringing them within the -jurisdiction of the Holy Office.</p> - -<p>They were condemned to be the chief actors in -the first Auto de Fé that was held in Seville. This -took place on February 6.<a id="FNanchor_66" href="#Footnote_66" class="fnanchor">66</a></p> - -<p>There was about this Auto comparatively little of -that pomp and ceremonial, that ghastly theatricality -that was presently to distinguish these proceedings. -But the essentials were already present.</p> - -<p>Susan and his fellows were led forth barefoot, in -the ignominious, yellow penitential sack, a candle in -the hand of each. Hemmed about by halberdiers, they -were paraded through the streets of a city in which -they had won the goodwill and respect of all, to be -gazed upon by a people whose eyes must have been -filled with horror and dismay. To head the procession -went a black-robed Dominican holding aloft the green -cross of the Inquisition, now swathed in a veil of -crape; behind him, walking two by two, came the -familiars of the Holy Office, members of the Confraternity -of St. Peter the Martyr; next followed the -doomed men amid their guards; and last came the -inquisitors with their attendants and a considerable -body of Dominicans from the Convent of St. Paul, -headed by their prior, the fanatical Ojeda. -<span class="pagenum" id="Page_118">118</span></p> - -<p>The procession headed for the Cathedral, where -the sufferers were taken to hear Mass and forced to -listen to a sermon framed for the occasion which was -preached by Ojeda, and must have increased the -exquisite torment of their protracted agony. Thence -they were conducted—once more processionally—out -of the city to the meadows of Tablada. There they -were attached to the stakes that had been erected, -fire was set to the faggots, and thus they perished -miserably, to the greater honour and glory of the -Catholic Apostolic Church.<a id="FNanchor_67" href="#Footnote_67" class="fnanchor">67</a></p> - -<p>Ojeda may have looked with satisfaction upon -that holocaust, upon those cruel flames which more -than any man in Spain he had been instrumental in -kindling, and which being kindled would continue to -cast their lurid glow over that fair land for close -upon four centuries. It was the first burning that -Ojeda witnessed, and it was the last. His own hour -was at hand. His mission, whatever ends it had to -serve in the eternal scheme of things, was completed -there on the meadows of Tablada, and he might now -depart. A few days later he lay dead, stricken down -by the plague that was ravaging the south of Spain, -and sought him out for one of its first victims.</p> - -<p>And from the pulpits of Seville the Dominicans -thundered forth declarations that this pestilence was a -visitation of God upon an unfaithful city. They never -paused to consider that if that were indeed the case -either God’s aim must be singularly untrue since the -shafts of His wrath overtook such faithful servants as -Ojeda, or else....</p> - -<p>But an incapacity to conduct its reasonings to a -logical conclusion, and an utter want of any sense of -proportion, are the main factors in all fanaticism.</p> - -<p>Lest they should themselves be stricken by these -bolts of pestilence launched against the unfaithful, -behold next the inquisitors scuttling out of Seville! -They go in quest of more salubrious districts, and, -<span class="pagenum" id="Page_119">119</span> -presumably upon the assumption that these—since -they remain healthy—are escaping divine attention, -the Dominicans zealously proceed to light their fires -that they may repair this heavenly oversight.<a id="FNanchor_68" href="#Footnote_68" class="fnanchor">68</a></p> - -<p>But that <i>villegiatura</i> of theirs did not take place -until they had transacted a deal more of their horrible -business in Seville. Great had been the results of the -edict of January 2. The nobles, not daring to run -the risk of the threatened ecclesiastical censure, -proceeded to effect the arrests demanded, and gangs -of pinioned captives were brought daily into the city -from the surrounding country districts where they had -sought shelter. And in the city itself the familiars -of the Holy Office were busily effecting the capture -of suspects and of those against whom, either out of -bigotry or malice, delations had been made.</p> - -<p>So numerous were the arrests that by the middle -of the month of January already the capacity of the -Convent of St. Paul was strained to its utmost, and -the inquisitors were compelled to remove themselves, -their tribunal and their prison to the ampler quarters -of the Castle of Triana, accorded to them by the -Sovereigns in response to their request for it.<a id="FNanchor_69" href="#Footnote_69" class="fnanchor">69</a></p> - -<p>The edict of January 2 was soon succeeded by a -second one, known as the “Edict of Grace.” This -exhorted all who were guilty of apostasy to come -forward voluntarily within a term appointed, to confess -their sins and be reconciled to the Church. It assured -them that if they did this with real contrition and a -firm purpose of amendment, they should receive absolution -and suffer no confiscation of property. And it -concluded with a warning that if they allowed the -term of grace to expire without taking advantage of it, -and they should afterwards be accused by others, they -would be prosecuted with the utmost rigour of the law. -<span class="pagenum" id="Page_120">120</span></p> - -<p>Amador de los Rios is of opinion that Cardinal -Mendoza was “instrumental” in having this edict -published, in which case it would hardly be too much -to assume that he was the instrument of Isabella in -the matter. Nor is it too much to assume that the -inspiration was purely merciful, and that there was no -thought in the mind of either Queen or Cardinal of the -edict’s being turned, as it was, to treacherous account.</p> - -<p>The response was immediate. It is estimated that -not less than 20,000 <i>conversos</i> who had been guilty of -Judaizing came forward to avail themselves of its -promise of amnesty and to secure absolution for their -infidelity to the religion they had embraced. They -discovered to their horror that they had walked into a -trap as cruel as any that smooth-faced, benign-voiced -priestcraft had ever devised.</p> - -<p>The inquisitors had thought well to saddle the -promised absolution and immunity from punishment -with a condition which they had not published, a -condition which they had secretly reserved to spring -it now upon these self-convicted apostates at their -mercy. They pointed out with infernal subtlety that -the edict provided that the contrition of the self-accused -must be sincere, and that of this sincerity the -penitents must give the only proof possible by disclosing -the names of all Judaizers known to them.</p> - -<p>The demand was an infamy; for not even under -the seal of private confession is a priest authorized to -impose upon a penitent as a condition of absolution -that he shall divulge the name even of an accomplice -or a partner in guilt. Yet here it was demanded of -these that they should go much further, and denounce -such sinners as they knew; and the demand was -framed in such specious terms—as the only proof -they could offer of the sincerity of their own contrition—that -none dared have taxed the inquisitors with -malpractice or with subverting the ends and purpose -of this edict they had been forced to publish.</p> - -<p>The wretched apostates found themselves between -<span class="pagenum" id="Page_121">121</span> -the sword and the wall. Either they must perpetrate -the infamy of betraying those of their race whom they -knew to be Judaizers, or they must submit not only to -the cruel death by fire, but to the destitution of their -children as a consequence of the confiscation of their -property. Most of them gave way, and purchased -their reconciliation at the price of betrayal. And there -were men like Bernaldez, the parish priest of Palacios, -who applauded this procedure of the Holy Office. “A -very glorious thing” (<i>muy hazañosa cosa</i>), he exclaims, -“was the reconciliation of these people, as thus -by their confessions were discovered all that were -Judaizers, and in Seville knowledge was obtained of -Judaizers in Toledo, Cordova, and Burgos.”<a id="FNanchor_70" href="#Footnote_70" class="fnanchor">70</a></p> - -<hr class="tb" /> - -<p>Upon the expiry of the term of grace a further -edict was published by Morillo and San Martin, in -which they now commanded, under pain of mortal -sin and greater excommunication, with its attendant -penalties, the discovery of all persons known to be -engaged in Judaizing practices.</p> - -<p>And that there should be no excuse offered by any -on the score of ignorance of such practices, these -were published in thirty-seven articles appended to -the edict, articles whose malign comprehensiveness -left no man secure.</p> - -<p>They set forth the following signs by which -New-Christians guilty of Judaizing might be recognized:</p> - -<blockquote class="list"> - -<p>I. Any who await the Messiah, or say that he -has not yet come, and that he will come to -lead them out of captivity into the promised -land.</p> - -<p>II. Any who after baptism have returned expressly -to the Mosaic faith. -<span class="pagenum" id="Page_122">122</span></p> - -<p>III. Any who declare that the law of Moses is as -good as that of Jesus Christ and as efficient -for salvation.</p> - -<p>IV. Any who keep the Sabbath in honour of the -law of Moses—of which the proof is afforded -by their assuming clean shirts and more decent -garments than on other days, and clean covers -on the table, as well as by their refraining from -lighting fires and from engaging in all work -from Friday evening.</p> - -<p>V. Any who strip the tallow or fat from meats -that they are to eat and purify it by washing in -water, bleeding it, or extracting the glandule -from the leg of lambs or other animals slaughtered -for food.</p> - -<p>VI. Any who cut the throats of animals or poultry -that are intended for food, first testing the -knife on their finger-nail, covering the blood -with earth, and uttering certain words that are -customary among Jews.</p> - -<p>VII. Any who eat meat in Lent and on other days -on which it is forbidden by Holy Church.</p> - -<p>VIII. Any who keep the great fast of the Jews -known by different names, or the fast of -<i>Chiphurim</i> or <i>Quipur</i> in the tenth Hebrew -month—whereof the proof shall be their having -gone barefoot during the period of the said -fast, as is the custom of the Jews, their having -said Jewish prayers, or asked pardon one of -another, or fathers having laid hands upon the -heads of their children without making the sign -of the Cross or saying anything but “By God -and by me be thou blessed.” -<span class="pagenum" id="Page_123">123</span></p> - -<p>IX and X. Any who keep the fast of Queen Esther, -which is observed by the Jews in memory and -imitation of what they did in captivity in the -reign of Ahasuerus, or the fast of <i>Rebeaso</i>.</p> - -<p>XI. Any who shall keep other fasts peculiar to the -Jews, such as those of Monday and Thursday, -of which the proof shall be: their not eating -on such days until after the appearance of the -first evening star; their having abstained from -meat; their having washed on the previous -day or cut their nails or the points of their -hair, keeping or burning these; their reciting -certain Jewish prayers, raising or lowering -their heads with their faces to the wall, after -washing their hands in water or in earth; their -dressing themselves in sackcloth and girding -themselves with cords or strips of leather.</p> - -<p>XII, XIII, and XIV concern any who keep the -Paschal seasons; which is to be discovered by -their setting up green boughs, inviting to table -and sending presents of comestibles, and the -keeping of the feast of candles.</p> - -<p>XV to XIX concern any who observe Hebrew table-customs: -whether they bless their viands -according to the Jewish custom, whether they -drink “lawful” wine—<i>i.e.</i> wine that has been -pressed by Jews—and eat meat that has been -slaughtered by Jews.</p> - -<p>XX. Any who recite the Psalms of David without -concluding with the versicle “Gloria Patri -et Filio et Spiritu Sancto.”</p> - -<p>XXI. Any woman who abstains from going to -church for forty days after delivery of child, -out of reverence for the law of Moses. -<span class="pagenum" id="Page_124">124</span></p> - -<p>XXII to XXVI concern any who circumcise their -children, give them Hebrew names, or -after baptism cause their heads to be -shaven where anointed with the sacred -oil, or any who cause their children to be -washed on the seventh day after birth in -a basin in which, in addition to the water, -they have placed gold and silver, pearls, -wheat, barley, and other things.</p> - -<p>XXVII. Any who are married in the Jewish -manner.</p> - -<p>XXVIII. Any who hold the <i>Ruaya</i>—which is a -valedictory supper before setting out upon -a long journey.</p> - -<p>XXIX and XXX. Any who carry Hebrew relics or -make burnt-offerings of bread.</p> - -<p>XXXI. Any who <i>in articulo mortis</i> have turned -or been turned with their faces to the -wall to die in this attitude.</p> - -<p>XXXII. Any who wash a corpse in warm water or -shave it according to the Jewish custom, -and otherwise dress it for the grave as -is prescribed by the Mosaic law.</p> - -<p>XXXIII to XXXVI concern Jewish expressions of -mourning, such as the abstaining from -meat, the spilling of water from the jars -in the dwelling of the deceased, etc.</p> - -<p>XXXVII. Any who bury their dead in virgin soil or -in a Jewish cemetery.<a id="FNanchor_71" href="#Footnote_71" class="fnanchor">71</a></p></blockquote> - -<p>Reference has already been made to the inherent -character of many Jewish customs, which even the -most sincere of New-Christians retained despite themselves; -<span class="pagenum" id="Page_125">125</span> -these customs, being racial rather than religious, -were very far from signifying Judaic apostasy, since -they contained nothing that was directly opposed to -the Christian teaching. In the list published by the -Seville inquisitors it will be seen that such customs -were deliberately included as evidences of apostasy.</p> - -<p>Consider Articles IV, V, and VII, concerning the -assumption of clean linen on Saturdays and the stripping -of fat from beef and mutton, which nowise -offend against the Christian faith, and might well be -the perpetuation of customs acquired before baptism -was received.</p> - -<p>Even more flagrant is Article XXXI, which lays -it down as evidence of Judaizing that a man shall turn -his face to the wall when at the point of death; but -most flagrant of all is Article XXVIII, concerning the -valedictory meal partaken of before setting out upon -a journey, for it is a custom that at all times has been -as much in vogue among Christians as among men of -any other religion.</p> - -<p>Clearly not a New-Christian in Seville was safe -from the delations of the malevolent, since such -ridiculously slight grounds of suspicion were set forth -by the tribunal. So extravagant and absurd are some -of these articles that one is forced to agree with -Llorente, that in formulating them the inquisitors -proceeded with deliberate malice. He contends that -deliberately they cast a wide net that by their heavy -draught they should satisfy the Queen that she had -heard no more than the truth as to the extent to which -Judaizing was rampant in Castile, and the urgent -need there was for the introduction of the Inquisition.</p> - -<p>Whether in this they proceeded according to instructions -received from Torquemada or Ojeda does -not transpire, but there can be little doubt that the -results obtained must have been in accordance with -the wishes of both, since they justified to the Queen -the representations these friars had so insistently -made to her. -<span class="pagenum" id="Page_126">126</span></p> - -<p>And the system of espionage which the inquisitors -set up to increase their haul of victims was as sly and -cunning as anything in the history of spying. Conceive -the astuteness of the friar who climbed to the roof -of the Convent of St. Paul on Saturday mornings -to observe and note the houses of New-Christians -from whose chimneys no smoke was to be seen issuing, -that he might lay the information thus obtained -before the tribunal, which would proceed to arrest the -inhabitants upon a strong suspicion that they were -Judaizers who would not desecrate the Sabbath by -lighting fires.<a id="FNanchor_72" href="#Footnote_72" class="fnanchor">72</a></p> - -<p>“What,” asks Llorente, “could be expected of a -tribunal that began in this way?” And he at once -supplies the answer: “That which happened—neither -more nor less.”</p> - -<p>With the methods of procedure that obtained in -the trials conducted by these inquisitors we need not -just now concern ourselves. For the moment it is -enough to say that to the vices inherent in such a -judicial system must be added, in the case of the first -inquisitors of Seville, a zeal—not only to convict, but -actually to be burning heretics—so ferociously excessive -as to proclaim that they were gratifying their hatred -of these Jews.</p> - -<p>This upon the word of that sober chronicler Pulgar, -who, whilst in general terms approving the introduction -of the Inquisition, as has been seen, denounces in -the following particular terms the practices of Morillo -and San Martin: “In the manner in which they -conducted their proceedings they showed that they -held those people in hatred.”<a id="FNanchor_73" href="#Footnote_73" class="fnanchor">73</a></p> - -<p>The Auto of February 6 was followed by -another on March 26, at which seventeen victims -were burnt on the fields of Tablada. And now -that the fires were lighted, the inquisitors saw to -<span class="pagenum" id="Page_127">127</span> -it that they were well supplied with human fuel. -Burnings followed one another at such a rate -that by the month of November—upon the word -of Llorente—298 condemned had been sent to the -flames in the town of Seville alone, whilst 79 others -by reconciling themselves to the Church secured the -commutation of their sentence to one of perpetual -imprisonment.</p> - -<p>Mariana, the historian who gave thanks to God -for the introduction of the Inquisition into Castile, -informs us with flagrant calm that the number of -Judaizers burnt in the Archbishopric during that year -1481 amounted to 8,000, whilst some 17,000 were -submitted to penance.</p> - -<p>In addition to those burnt alive, many who had -fled the country were burnt in effigy, having been -tried and found guilty during an absence described -as contumacious. And similarly the court went -through the horrible farce of sitting in judgment -upon many who were dead, and, having convicted -them, it dug up their bones and flung these to the -flames.</p> - -<p>Such was the prodigious activity of the Holy -Office, and to such an extent did its holocausts -promise to continue, that the Governor of Seville -ordered the erection on the fields of Tablada of a -permanent platform of stone of vast proportions known -as the Quemadero, or Burning-place. It was adorned -by figures of the four Prophets. At each of its four -corners towered one of these colossal statues of plaster, -and Llorente tells us that they were not merely for -ornament. He says that they were hollow and so -contrived that a condemned person might be placed -in each and so die by slow fire.<a id="FNanchor_74" href="#Footnote_74" class="fnanchor">74</a> -<span class="pagenum" id="Page_128">128</span></p> - -<p>This Quemadero remained standing, a monument -to religious intolerance and fanatical cruelty, until the -soldiers of Napoleon demolished it in the nineteenth -century.<a id="FNanchor_75" href="#Footnote_75" class="fnanchor">75</a></p> - -<p>So ruthless were Morillo and San Martin, and so -negligent of equity or even the observance of the -ordinary rules of judicial procedure, that in the end -we find the Pope himself—in January of 1482—addressing -a letter of protest to the Sovereigns.</p> - -<p>The first edict commanding the nobles to arrest all -those who had fled from Seville had had the effect of -driving many of these fugitive New-Christians farther -afield in their quest for safety. Some had escaped -into Portugal, others had crossed the Mediterranean -and sought shelter in Morocco, whilst others still had -taken their courage in both hands and sought sanctuary -in Rome itself, at the very feet of the Pontiff. Other -fugitives followed presently, when the tribunal had -already inaugurated its terrible work; and these came -clamouring their grievances and protesting that in -spite of their innocence they dared no longer remain -in a State where no New-Christian was safe from the -hatred and injustice shown by the inquisitors to men -<span class="pagenum" id="Page_129">129</span> -of their race. Therefore they were driven to seek -from Christ’s Vicar the protection to which all Christians -and true Catholics were entitled at his hands.</p> - -<div id="i_128" class="figcenter"> -<img src="images/i_128.jpg" alt="" /> -<p class="small"><i>Photo by Lacoste.</i></p> - -<p class="caption">FERDINAND OF ARAGON AND THE INFANTE DON JUAN.<br /> -From the Painting in the Prado Gallery attributed to Miguel Zittoz.</p> -</div> - -<p>They informed the Pontiff of the methods that -were being pursued; they set forth how the inquisitors -in their eagerness to secure convictions proceeded -entirely upon their own initiative and without the concurrence -of the assessor and diocesan ordinary, as had -been prescribed; how they were departing from all -legal form, imprisoning unjustly, torturing cruelly and -unduly, and falsely stigmatizing innocent men as formal -heretics, thereafter delivering them to the secular arm -for punishment, in addition to confiscating their property -so that their children were left in want and under -the brand of infamy.</p> - -<p>The Pope gave ear to these plaints, convinced himself -of their truth, and made his protest to Ferdinand -and Isabella. He announced in his brief that he -would have deprived the inquisitors of their office but -that he was restrained by consideration for the Sovereigns -who had appointed them; nevertheless, he was -sending them a brief of admonition, and should they -again give cause for complaint he would be constrained -to depose them. In the meantime he revoked the -faculty given the Sovereigns of appointing inquisitors, -protesting that when conceding this he had not sufficiently -considered that already there were inquisitors -in the Sovereigns’ dominions and that the General of -the Dominicans and the Spanish provincials of that -order had the right to make such appointments. The -bull that he had granted was therefore in opposition to -that right, and would never have been granted had the -matter been sufficiently considered.<a id="FNanchor_76" href="#Footnote_76" class="fnanchor">76</a> -<span class="pagenum" id="Page_130">130</span></p> - -<h2 id="CHAPTER_IX">CHAPTER IX<br /> - -<span class="medium">THE SUPREME COUNCIL</span></h2> - -<p>The Sovereigns appear to have submitted without -protest to this papal interference and to the revocation -of the faculty bestowed upon them of nominating the -inquisitors in their kingdom. This submission was -hardly to have been expected from their earlier attitude, -but there are two reasons, either or both of which -may possibly account for it.</p> - -<p>It will be remembered that there was a considerable -number of New-Christians about the Court and in -immediate attendance upon the Queen, one of whom -was her secretary Pulgar. What view Pulgar took of -the Seville proceedings we know, and it is not too -much to assume that his view was the view of all -Christians of Jewish extraction. These New-Christians -and others may very well have urged upon the notice -of the Sovereigns the cruelties and injustices that were -being practised, drawing their attention to the decree -that made innocent children suffer for the offences of -which their parents had been convicted—a decree -which, hideous enough when the parents were actually -guilty, became unspeakably hideous when that guilt -was no more than presumed.</p> - -<p>In view of such representations the Sovereigns -may have found the papal rebuke unanswerable and -the Pope’s action justified.</p> - -<p>Then, again, they may have taken into consideration -the projected war upon Granada, the last province -of the peninsula remaining in Moorish hands. Funds -<span class="pagenum" id="Page_131">131</span> -were urgently required for this campaign, and the confiscations -that were daily being effected by the Holy -Office were rapidly supplying these—for the early -victims of the Inquisition, as we know, were persons of -great wealth and distinction.<a id="FNanchor_77" href="#Footnote_77" class="fnanchor">77</a></p> - -<p>Now the papal brief, whilst it cancelled the royal -prerogative of appointing inquisitors, did not attempt -to divert the course of this stream of confiscated property, -nor, indeed, made any mention of the matter. -So that they may have hesitated to oppose themselves -to measures which they recognized as just and which -continued to supply them with the means for what -they looked upon as a righteous crusade.</p> - -<p>Bigotry and acquisitiveness were again joining -forces, and, united, they must prove, as ever, -irresistible.</p> - -<p>But on February 11, 1482, the Roman Curia -issued another brief addressed to the Sovereigns, -wherein—entirely ignoring what already had been -written—it was announced that the General of the -Dominicans, Fr. Alonso de Cebrian, having represented -to the Pope the need to multiply the number -of inquisitors in Spain, his Holiness had resolved to -appoint the said Fr. Alonso and seven other Dominicans -to conduct the affairs of the Holy Office in that -kingdom, commanding them to exercise their ministry -in conjunction with the diocesan ordinary and in accordance -with the terms set forth in the briefs that were -being addressed to them.<a id="FNanchor_78" href="#Footnote_78" class="fnanchor">78</a></p> - -<p>One of the eight Dominicans mentioned by the -Pope was Fr. Tomás de Torquemada, who by now -was become confessor to the King and to the Cardinal -of Spain.</p> - -<p>This brief, following so rapidly upon that which -revoked the Sovereigns’ power, may have caused -Ferdinand and Isabella to look upon it as the second -<span class="pagenum" id="Page_132">132</span> -move in an intrigue whose aim was to strengthen the -ecclesiastical arm in Spain to the detriment of the -royal authority.</p> - -<p>On April 17 Sixtus sent the promised instructions -to the inquisitors of Aragon, Cataluña, Valencia, -and Mallorca. These indicated a procedure in matters -of faith so contrary to common law, that no sooner did -the inquisitors attempt to carry them into execution -than there was an uproar which afforded Ferdinand -grounds upon which to indite a protest to the Holy -Father.</p> - -<p>A reply came in the following October. Sixtus -wrote that the briefs of last April had been drawn up -after conference with several members of the Sacred -College; that these cardinals were now absent from -Rome, but that on their return the matter should be -further considered. Meanwhile, however, in view of -the results that had attended those briefs, he was -informing the inquisitors that they were exempt from -acting upon the terms set forth in them and instructing -them to proceed, as formerly, in co-operation with the -diocesan ordinaries.</p> - -<p>But in the meantime, for all the Pope’s protest -against the excessive severity of the Seville tribunal, -this severity continued so undiminished, not only in -Seville but also in the districts under the jurisdiction -of other inquisitors, that there was a continuous emigration -from Spain of the wealthy New-Christian families. -Many of these repaired to Rome to appeal to the -Pontifical Courts and to procure there an absolution -which should accord them immunity from the Spanish -tribunals of the Holy Office.</p> - -<p>But even when this absolution was procured a large -number of these emigrants never thought of returning -to Spain, considering it wiser to settle in a country in -which they were in less danger of persecution.</p> - -<p>Although it is certain that the Sovereigns can have -had no prevision of what actually was to happen as -a consequence—though not in their own day, nor for -<span class="pagenum" id="Page_133">133</span> -some time afterwards—although they may have been -very far from foreseeing that by driving out these -energetic, industrious, intelligent men they were depriving -the country of the financially able, wealth-producing -element of the community—still they did -undoubtedly perceive what was immediately before -them; and they began to fear the possibility of their -country’s being drained of its present wealth if these -emigrations were to continue.</p> - -<p>So Isabella wrote to the Pope entreating him to -establish a court of appeal in Spain, and thus dispose -that proceedings started within the kingdom could -there be carried to their conclusion without the need -for these appeals to Rome. To this the Pope replied -in affectionate terms on February 23, 1483, promising -to give the matter every consideration.<a id="FNanchor_79" href="#Footnote_79" class="fnanchor">79</a></p> - -<p>Shortly thereafter he held a conference of the -Spanish Cardinals, the principal of whom in wealth, -importance, and distinction was Roderigo Borgia, -Cardinal of Valencia. At this conference several provisions -were agreed upon, and these were embodied -in the briefs dispatched from the Vatican on May 25 -following.</p> - -<p>The first of these was to the Sovereigns. It contained -a gracious assent to their petition, and exhorted -them to be zealous in this matter of the Faith, reminding -them that Jehu had consolidated his kingdom by the -destruction of idolatry, and that the Sovereigns would -meet with the same good fortune, as already God was -giving them many victories over the Moors to reward -their piety and the purity of their faith.</p> - -<p>The second was to Iñigo Manrique, Archbishop of -Seville (having succeeded in this see to the Cardinal -of Spain, who was now Archbishop of Toledo), -appointing him judge of appeal in <i>Causas de Fé</i>.</p> - -<p>The remaining briefs were addressed to the Archbishop -of Toledo and the other Spanish archbishops, -commanding them, to the end that the functions of the -<span class="pagenum" id="Page_134">134</span> -Inquisition should be discharged with integrity, that -in the event of there being in their ecclesiastical -provinces any bishops who were of Jewish descent, -they should suavely admonish these not to intervene -in person in the proceedings of the Holy Office, but to -allow themselves to be represented by their principal -officials, provisors, and diocesan vicars-general—always -provided that none of these was of Jewish -blood.</p> - -<p>This decree was natural enough, and there was -some occasion for it, considering the number of -Spanish families of Jewish consanguinity as a consequence -of marriages between Christians and <i>conversos</i>—many -of these marriages having been contracted -between Castilians of good birth and the daughters of -wealthy baptized Jews. It is a decree that entirely -contradicts Pulgar’s assertion that Torquemada was of -Jewish extraction.</p> - -<p>The appointment of Manrique as judge of appeal -was a very brief one, nor did it work satisfactorily and -accomplish what the Queen desired. In the following -August came another papal brief, stating that, notwithstanding -that appointment, fugitive New-Christians -from the Archbishopric of Seville continued to arrive -in Rome and to make their appeals to the Apostolic -Courts, protesting that they dared not address these -to the appointed tribunal in Seville, for fear of being -treated with excessive rigour.</p> - -<p>Many stated that, by virtue of the ban against -them for having left the city, they were fearful of being -flung into prison unheard. Many, again, had already -been tried during their absence and burnt in effigy, -and they were apprehensive that if they returned their -appeals would be refused a hearing, and they would be -sent at once to the flames in execution of the sentence -already pronounced against them.</p> - -<p>Therefore the Pope now ordered Manrique to -admit to reconciliation all who might seek it, in despite -of any judgment or sentence already passed upon them. -<span class="pagenum" id="Page_135">135</span></p> - -<p>Had these commands prevailed, the destruction -wrought by the Inquisition would have been considerably -reduced, since none could have suffered but -the persistent apostate. The brief, however, does not -appear to have been even dispatched. No sooner was -its merciful decree indited than it was regretted and -retracted. Eleven days later Sixtus wrote to Ferdinand -acquainting him with the terms of that brief which had -been intended for Manrique, but explaining that these -had not been sufficiently considered, and that, therefore, -he was retaining it whilst fresh measures were -deliberated.</p> - -<p>The position must have been growing intolerable -to the Sovereigns, for the Holy Office in Spain, -directed in this fashion from Rome, was governed by -unstable and ever-shifting elements that were eminently -disturbing to the State—particularly now that the -Inquisition was growing rapidly in importance. Therefore -Isabella wrote again, imploring the Holy Father -to give that institution a settled form. To this the -Pope acceded, perhaps himself aware of the necessity -for the thing requested. A head was necessary for -the consolidated institution it was now proposed to -form, and Frey Tomás de Torquemada, from what -was known of his life, his character, and his ability, -was judged to be the man to fill this important office. -Accordingly he was recommended to Sixtus by the -Sovereigns, and he received his appointment from the -Pope, first as Grand Inquisitor for Castile, and soon -after (by the bull of October 17, 1483) his jurisdiction -was extended to include Aragon; so that he found -himself at the head of the Holy Office in Spain, and -invested with the fullest powers. It was his to elect, -depose, and replace subaltern inquisitors at his will, -and the jurisdiction of all those he appointed was -subject to and dependent upon himself.<a id="FNanchor_80" href="#Footnote_80" class="fnanchor">80</a></p> - -<p>Llorente says of him: “The result accredited the -<span class="pagenum" id="Page_136">136</span> -election. It seemed almost impossible that there -should be another man so capable of executing the -intentions of King Ferdinand to multiply confiscations, -the intentions of the Roman Curia to propagate its -jurisdiction and pecuniary maxims, and the intentions -of the projectors of the Inquisition and its Autos de -Fé to inspire terror.”<a id="FNanchor_81" href="#Footnote_81" class="fnanchor">81</a></p> - -<p>With his elevation to that important position—a -position whose importance his own energy and determination -were to increase until his power in the land -should almost rival that of the Sovereigns themselves—the -Spanish Inquisition enters now upon a new -phase. Under the jurisdiction and control of that -stern-souled, mild-eyed ascetic, the entire character of -the Holy Office is transformed.</p> - -<p>Immediately upon his appointment he set about -reconstituting it so that it should be in harmony with -the wishes of the Sovereigns. To assist him he -appointed as his assessors the jurisconsults Juan -Gutierrez de Lachaves and Tristan de Medina, and -he proceeded to establish four permanent tribunals: -one in Seville, under Morillo and San Martin, whom -he left undisturbed in their office, but subject to the -new rules which he laid down for the transaction of -affairs; one in Cordova, under Pedro Martinez de -Barrio and Anton Ruiz Morales, with Fr. Martin de -Caso as assessor; one in Jaen, under Juan Garcia -de Cañas and Fr. Juan de Yarza; and one in Villa -Real,<a id="FNanchor_82" href="#Footnote_82" class="fnanchor">82</a> which shortly afterwards was transferred to -Toledo, under Francisco Sanchez de la Fuente and -Pedro Dias de Costana.</p> - -<p>In addition to these he appointed other inquisitors -who, without being attached to any permanent tribunal, -were to proceed wherever he should direct them as -occasion arose to set up temporary courts.</p> - -<p>In Toledo, Valladolid, Avila, Segovia, and other -cities there were inquisitors already of the Pope’s -<span class="pagenum" id="Page_137">137</span> -appointing. Some of these failed to show the complete -submission to his orders which Torquemada demanded, -with the result that they were promptly deposed and -their places filled by others whom he nominated. -Those who manifested obedience to his rule he -confirmed in their appointments, but usually he sent -a nominee of his own to act in conjunction with them.</p> - -<p>Torquemada himself remained at Court; for now -that the Inquisition was established upon its new -footing it became necessary that he should be in -constant communication with the Sovereigns for whom -he acted. Consultations were necessary on the score -of the measures to be taken for the administration -of what was rapidly become a corporation of great -importance in the realm. From this it presently -resulted that to the four royal councils already in -existence for the conduct of the affairs of the kingdom, -a fifth was added especially to deal with inquisitorial -matters. Whether the suggestion emanated from the -Sovereigns or from Torquemada, there are no means -of ascertaining, nor does it greatly signify.</p> - -<p>This Supreme Council of the Inquisition was -established in 1484. It consisted of three royal -councillors: Alonso Carillo, Bishop of Mazzara, -Sancho Velasquez de Cuellar, and Poncio de Valencia, -all doctors of laws, and of Torquemada’s two assessors. -To preside over this “Suprema”—as the council -came to be called—Torquemada was appointed, thus -enormously increasing the power and influence which -already he wielded.</p> - -<p>The three royal councillors had a definite vote in -all matters that appertained to the jurisdiction of the -Sovereigns; but in all matters of spiritual jurisdiction, -which was vested entirely in the Grand Inquisitor by -the papal bull, their votes were merely consultative—amounting -to no more than an expression of opinion.</p> - -<p>It was Torquemada’s desire that his subordinates -should act with absolute uniformity in the discharge of -the duties entrusted to them, and that the courts of -<span class="pagenum" id="Page_138">138</span> -the Holy Office throughout Spain should one and all -be identical in their methods of procedure, the instruments -of his will and the expression of his conceptions. -With this end in view he summoned the inquisitors by -him appointed to the Tribunals of Seville, Cordova, -Jaen, and Villa Real to confer with him and his assessors -and the royal councillors.</p> - -<p>The assembly took place in Seville on October 29, -and its business was the formulation of the first -instructions of Torquemada for the guidance of all -inquisitors.</p> - -<p>In the library of the British Museum there is a -vellum-bound copy of the edition of this code, which -was subsequently published at Madrid in 1576.<a id="FNanchor_83" href="#Footnote_83" class="fnanchor">83</a> It -contains, in addition to Torquemada’s articles of 1484 -and subsequent years, others added by his successors, -and there are marginal notes giving the authorship of -each. The work is partly printed, partly in manuscript, -and a considerable number of pages remain in blank, -that further instructions may be filled in as the need -occurs. The printed matter is frequently underscored -by the pen of one or another of the inquisitors -through whose hands this copy passed during its active -existence.</p> - -<p>The twenty-eight articles compiled by Torquemada -at the assembly of 1484, and constituting his first -“Instructions for the Governance of the Holy Office,” -demand a chapter to themselves. -<span class="pagenum" id="Page_139">139</span></p> - -<h2 id="CHAPTER_X">CHAPTER X<br /> - -<span class="medium">THE JURISPRUDENCE OF THE HOLY OFFICE—THE FIRST -“INSTRUCTIONS” OF TORQUEMADA</span></h2> - -<p>The first manual for the use of inquisitors was -probably written somewhere about 1320. It was -the work of the Dominican friar Bernard Gui—“Practica -Inquisitionis Heretice Pravitatis—Bernardo -Guidonis, Ordinis Fratrum Predicatorum”—and it -summarised the experience gathered during a hundred -years by the inquisitors of Southern France.</p> - -<p>It is divided into five parts. The first three are -directly concerned with procedure, and the formulæ -are given for every occasion—citation, arrest, pardon, -commutation, and sentence—with the fullest particulars -for the guidance of inquisitors. The fourth -part treats of the powers vested in the tribunal of -the Inquisition, and cites the authorities—<i>i.e.</i> the -decrees of pontiffs and of councils. The fifth part -surveys and defines the various heretical sects of -Gui’s day, gives particulars of the doctrines, rites, -and ceremonies by which each one may be known, -and lays down methods by which heretical guile may -be circumvented in examination.</p> - -<p>The work was used by French inquisitors in -general and those of Toulouse in particular, and it -is more than probable that it inspired Nicolaus Eymeric -to compile his voluminous “Directorium Inquisitorum” -towards the middle of the fourteenth century.</p> - -<p>Nicolaus Eymeric was Grand Inquisitor of Aragon, -and he prepared his directory, or manual of procedure, -<span class="pagenum" id="Page_140">140</span> -as a guide for his confrères in the business -of prosecuting those guilty of heretical pravity.</p> - -<p>The work circulated freely in its manuscript form, -and it was one of the first to be printed in Barcelona -upon the introduction of the printing-press, so that -in Torquemada’s day copies were widely diffused, -and were in the hands of all inquisitors in the world.</p> - -<p>The bulk of the “Directorium” is little more than -a compilation. It is divided into three parts. The -first lays down the chief Articles of the Christian -Faith; the second is a collection of the decretals, -bulls, and briefs of the popes upon the subject of -heretics and heresies, and the decision of the various -councils held to determine matters connected with -heretics and their abettors, sorcerers, excommunicates, -Jews and infidels; the third part, which is Eymeric’s -own contribution to the subject, deals with the manner -in which trials should be conducted, and gives a -detailed list of the offences that come under the -jurisdiction of the Holy Office.</p> - -<p>It may be well before proceeding further to give -a résumé of the grounds upon which the Inquisition -instituted proceedings, as set forth in the “Directorium.”</p> - -<hr class="tb" /> - -<p>All heretics in general are subject to the animadversions -of the Holy Office; but there are, in -addition, certain offenders who, whilst not exactly guilty -of heresy, nevertheless render themselves justiciable -by the Inquisition. These are:</p> - -<p><span class="smcap">Blasphemers</span> who in blaspheming say that which -is contrary to the Christian Faith. Thus, he who -says, “The season is so bad that God Himself could -not give us good weather,” sins upon a matter of -faith.</p> - -<p><span class="smcap">Sorcerers and Diviners</span>, when in their sorceries -they perform that which is in the nature of heresy—such -as re-baptizing infants, burning incense to a skull, -etc. But if they confine their sorceries to foretelling -<span class="pagenum" id="Page_141">141</span> -the future by chiromancy or palmistry, by drawing the -short straw, or consulting the astrolabe, they are guilty -of simple sorcery, and it is for the secular courts to -prosecute them.</p> - -<p>Amongst the latter are to be placed those who -administer love-philtres to women.</p> - -<hr class="tb" /> - -<p><span class="smcap">Devil-worshippers</span>: Those who invoke devils. -These are to be divided into three classes:</p> - -<blockquote> - -<p>(<i>a</i>) Those who worship the devil, sacrificing -to him, prostrating themselves, singing prayers -and fasting, burning incense or lighting candles -in his honour.</p> - -<p>(<i>b</i>) Those who confine themselves to offering -a <i>Dulie</i> or <i>Hyperdulie</i> cult to Satan, introducing -the names of devils into the litanies.</p> - -<p>(<i>c</i>) Those who invoke the devil by tracing -magic figures, placing an infant in a circle, using -a sword, a bed, or a mirror, etc.</p></blockquote> - -<p>In general it is easy to recognize those who have -dealings with devils on account of their ferocious -aspect and terrible air.</p> - -<p>The invocation in any of the three manners cited -is always a heresy. But if the devil should only be -asked to do things that are of his office—such as to -tempt a woman to the sin of luxury—provided that -this is done without adoration or prayer, but in terms -of command, there are authors who hold that in such -cases the person so proceeding is not guilty of heresy.</p> - -<p>Amongst those who invoke devils are astrologers -and alchymists, who when they do not succeed in -making the discoveries they seek never fail to have -recourse to the devil, sacrificing to him and invoking -him expressly or tacitly.</p> - -<p><span class="smcap">Jews and Infidels</span>: The first when they sin -against their religion in any of the articles of faith -that are the same with them as with us—<i>i.e.</i> that are -common alike to Jew and to Christian—or when they -<span class="pagenum" id="Page_142">142</span> -attack dogmas that are, similarly, common to both -creeds.</p> - -<p>As for infidels, the Church and the Pope, and -consequently the Inquisition, may punish them when -they sin against the laws of nature—the only laws -they know.</p> - -<p>Jews and infidels who attempt to pervert Christians -are also regarded as abettors or <i>fautores</i>.</p> - -<p>In spite of the prohibition to succour a heretic, -a man would not be regarded as an abettor who gave -food to a heretic dying of hunger, since it is possible -that if spared the latter might yet come to be converted.</p> - -<p><span class="smcap">Excommunicates</span> who remain in excommunication -during a whole year, by which are to be understood -not merely those who are excommunicate as heretics, -or abettors of heretics, but excommunicate upon any -grounds whatsoever. In fact, the indifference to -excommunication renders them suspect of heresy.</p> - -<p><span class="smcap">Apostates.</span>—Apostate Christians who become Jews -or Mohammedans (these religions not being heresies), -even though they should have apostatized through -fear of death. The fear of torture or death not being -one that can touch a person who is firm in the Faith, -no apostasy is to be excused upon such grounds.<a id="FNanchor_84" href="#Footnote_84" class="fnanchor">84</a></p> - -<hr class="tb" /> - -<p>With the “Directorium” of Eymeric before him, -Torquemada set to work to draw up the first articles -of his famous code. Additions were to be made to -it later, as the need for such additions came to be -shown by experience; but no subsequent addition -was of the importance of these original twenty-eight -articles. They may be said to have given the jurisprudence -of the Spanish Inquisition a settled form, -which continued practically unchanged for over three -hundred years after Torquemada’s death.</p> - -<p>A survey of these articles and of the passages from -Eymeric that have a bearing upon them, together with -<span class="pagenum" id="Page_143">143</span> -some of the annotations of the scholiast Francesco -Pegna,<a id="FNanchor_85" href="#Footnote_85" class="fnanchor">85</a> should serve to convey some notion of the -jurisprudence of the Holy Office and of the extraordinary -spirit that inspired and governed it—a spirit -at once crafty and stupid, subtle and obvious, saintly -and diabolical, consistent in nothing—not even in -cruelty, for in its warped and dreadful way it accounted -itself merciful, and not only represented but believed -that its aims were charitable. It practised its abominations -of cruelty out of love for the human race, -to save the human race from eternal damnation; and -whilst it wept on the one hand over the wretched -heretic it flung to the flames, it exulted on the other -in the thought that by burning one who was smitten -with the pestilence of heresy it saved perhaps a -hundred from infection and from purging that infection -in an eternity of hell-fire.</p> - -<p>They are rash who see hypocrisy in the priestly -code that is to follow. Hypocrites there may have -been, there must have been, and many; such a system -was a very hotbed of hypocrisy. Yet the system itself -was not hypocritical. It was sincere, dreadfully, -tragically, ardently sincere, with the most hopeless, -intolerable, and stupid of all sincerity—the sincerity -of fanaticism, which destroys all sense of proportion, -and distorts man’s intellectual vision until with an easy -conscience he makes of guile and craft and falsehood -the principles that shall enable him to do what he -conceives to be his duty by his fellow-man.</p> - -<p>The doctrine of exclusive salvation was the source -of all this evil. But that doctrine was firmly and -sincerely held. Torquemada or any other inquisitor -might have uttered the words which an inspired poet -has caused to fall from the lips of Philip II.:</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“The blood and sweat of heretics at the stake<br /></span> -<span class="i1">Is God’s best dew upon the barren field.”<a id="FNanchor_86" href="#Footnote_86" class="fnanchor">86</a><br /></span> -</div></div> -</div> - -<p><span class="pagenum" id="Page_144">144</span></p> - -<p>And he would have uttered them with a calm and -firm conviction, assured that he did no more than -proclaim an obvious truth which might serve him as a -guide to do his duty by man and God. For all that -he did he could find a commandment in the Scriptures. -Was burning the proper death for heretics? He -answered the question out of the very mouth of Christ, -as you shall see. Should a heretic’s property be -confiscated? Eymeric and Paramo point to the -expulsion of Adam and Eve from Eden as a consequence -of their disobedience—the first of all heresies—and -ask you what was that but confiscation. Is it -proper to impose a garment of shame upon those -convicted of lesser heresies, or upon penitents who are -reconciled? Paramo will answer you that Adam and -Eve wore skins after their fall, and implies that this is -a proper precedent for the infamous <i>sanbenito</i>.</p> - -<p>And so on: Moses, David, John the Baptist, and -the gentle Saviour Himself are made to afford reason -for this course and for that, as the need arises, and -each reason is more grotesque than the other, until -you are stunned by the blows of these clumsy arguments. -You cease to wonder that the translation of -the Bible was forbidden, that its study was inhibited. -If those who were learned in theology could interpret -it so extravagantly, what might not the unlearned -achieve?</p> - -<p>But let us pass on to the consideration of Torquemada’s -code.</p> - -<h3><span class="smcap">Article I</span></h3> - -<blockquote> - -<p>Whenever inquisitors are appointed to a diocese, city, -village, or other place which hitherto has had no inquisitors, -they shall—after having presented the warrants by which -they are empowered to the prelate of the principal church -and to the governor of the district—summon by proclamation -all the people and convoke the clergy. They shall appoint -a Sunday or holiday upon which all are to assemble in the -cathedral or principal church to hear a sermon of the Faith.</p> - -<p>They shall contrive that this sermon is delivered by a -<span class="pagenum" id="Page_145">145</span> -good preacher or by one of the actual inquisitors, as they -deem best. Its aim shall be to expound the capacity in which -they are there, their powers, and their intentions.</p></blockquote> - -<p class="break center" id="COPILACION"><span class="xx-large gesperrt">COPILACION</span><br /> -<span class="x-large">DE LAS INSTRVCIONES DEL</span><br /> -<span class="large">Officio de la sancta Inquisicion, hechas por</span><br /> -<span class="medium">el muy Reuerendo Señor Fray Thomas de Torquemada, Príor del<br /> -Monasterio de sancta Cruz de Segouia, primero Inquisidor<br /> -general de los Reynos y Señorios de España.</span></p> - -<p class="center table"><span class="large">E POR LOS OTROS REVERENDISSIMOS SENO-</span><br /> -<span class="small"><i>res Inquisidores generales que despues succedieron, cerca de la orden que se ha de tener en el<br /> -exercicio del Sancto Officio. Donde van puestas successiuamente por su parte todas las<br /> -Instructiones que tocan a los Inquisidores. E a otra parte, las que tocan a cada<br /> -vno delos Officiales y Ministros del sancto Officio: las quales se copilaron<br /> -en la manera que dicha es, por mandado del Illustrissimo y Reuerendissimo<br /> -señor don Alonso Manrrique, Cardenal de los<br /> -doze Apostoles, Arçobispo de Seuilla Inquisidor<br /> -General de España.:.</i></span></p> - -<div id="i_144" class="figcenter"> -<img src="images/i_144.jpg" alt="" /> - -<p class="center large">EN MADRID,<br /> - -En casa de Alonso Gomez, Impressor de su<br /> -Magestad. Año. 1576.</p> - -<p class="center small">TITLE-PAGE OF THE FIRST PRINTED EDITION OF THE “INSTRUCTIONS” -OF TORQUEMADA.</p> - -<p class="small"><i>Photo by Donald Macbeth</i></p> -</div> - - -<p>Upon the conclusion of this sermon the inquisitors shall -order all faithful Christians to come forward and make oath -upon the Cross and the Gospels to favour the Holy Inquisition -and its ministers, and to offer them no impediment -directly or indirectly in the prosecution of their mission.</p> - -<p>This oath shall be specially imposed upon the governors -or other justiciaries of the place, and it shall be witnessed by -the notaries of the inquisitors.</p> - -<h3><span class="smcap">Article II</span></h3> - -<blockquote> - -<p>After the conclusion of the said sermon the inquisitors -shall order to be read and published an admonition with -censures against those who are rebellious or who contest the -power of the Holy Office.</p></blockquote> - -<h3><span class="smcap">Article III</span></h3> - -<blockquote> - -<p>After the conclusion of the said sermon the inquisitors -shall publish an edict granting a term of grace, of thirty or -forty days—as they may deem proper—so that all persons -who have fallen into the sin of heresy or apostasy, who have -observed Jewish rites or any other that are contrary to the -Christian Religion, may come forward to confess their sins, -assured that if they do so with a sincere penitence, divulging -all that is known to them or that they remember, not only of -their own sins but also of the sins of others, they shall be -received with charity.</p> - -<p>They shall be subjected to a salutary penance, but they -shall not suffer death, imprisonment, or confiscation of their -property, nor shall they in any way be mulcted unless the -inquisitors, in consideration of the quality of the penitents and -of the sins they confess, should think well to impose some -pecuniary penance upon them.</p> - -<p>Concerning this grace and mercy that their Highnesses -consider well to accord to those who are reconciled, the -Sovereigns order the delivery of letters-patent, bearing the -royal seal, whose tenor shall be included in the published -edict.</p></blockquote> - -<p>It is sufficiently plain, from the terms of this -article, that the edict of grace was published by royal -<span class="pagenum" id="Page_146">146</span> -command, and that it was not, as Garcia Rodrigo -represents it, a merciful dispensation spontaneously -emanating from the Holy Office.</p> - -<h3><span class="smcap">Article IV</span></h3> - -<blockquote> - -<p>Self-delators shall present their confessions in writing to -the inquisitors and their notaries with two or three witnesses -who shall be officers of the Inquisition or other upright -persons.</p> - -<p>Upon receipt of this confession by the inquisitors, let the -oath be administered to the penitents in legal form, not only -concerning the matters confessed but concerning others that -may be known to them and upon which they may be questioned. -Let them be asked how long it is since they Judaized -or otherwise sinned against the Faith, and how long it is since -they abandoned their false beliefs, repented, and ceased to -observe those ceremonies. Next let them be examined upon -the circumstances of the matters confessed, that the inquisitors -may satisfy themselves that these confessions are true. -Especially let them be questioned as to what prayers they -recite, where they recite them, and with whom they have -been in the habit of assembling to hear the law of Moses -preached.</p></blockquote> - -<h3><span class="smcap">Article V</span></h3> - -<blockquote> - -<p>Self-delators who seek reconciliation to Holy Mother -Church shall be required publicly to abjure their errors, and -penance shall publicly be imposed upon them at the discretion -of the inquisitors, using mercy and kindness as far -as it is possible for them to do so with an easy conscience.</p> - -<p>The inquisitors shall admit none to secret penance and -recantation unless his sin shall have been so secret that none -else knows or could know of it save his confessor; such a -one all inquisitors may reconcile and absolve in secret.</p></blockquote> - -<p>Llorente says that the admission to secret penance -was a source of much gold to the Roman Curia, as -thousands appealed to the Pope offering a secret -confession and firm purpose of amendment if secretly -absolved, for which a papal brief was necessary.</p> - -<p>A word must here be said on the score of <small>ABJURATION</small>. -<span class="pagenum" id="Page_147">147</span> -It was the amende provided by Eymeric<a id="FNanchor_87" href="#Footnote_87" class="fnanchor">87</a> for -those who by their speech or conduct should have -fallen into suspicion of heresy; those, for instance, -who abstained from the sacraments imposed by Mother -Church being liable to this suspicion.</p> - -<p>There were three degrees of suspicion into which -a man might fall: light, vehement, and violent. The -abjuration required was practically the same in all -three cases, but the punishment imposed upon the -abjurer varied according to the degree. This abjuration -must be publicly made in church before the -assembled people, the suspects being placed—like all -penitents or convicts of heresy—upon a raised platform -in full view of the assembled faithful. The -inquisitor would read out the Articles of the Christian -Faith, and a list of the principal errors against it, -laying particular stress upon those errors of which -the penitents were suspected, and which they were -required to abjure with both hands upon the Gospels, -and according to the formula laid down by Eymeric.</p> - -<p>Those who are suspected lightly (<i>leviter</i>) are admonished -that should they again fall into error they -will be abandoned to the secular arm for punishment. -With that admonition, and the imposition of a penance -which may take the form of fasts, prayers, or pilgrimages, -they are dismissed.</p> - -<p>Those suspected vehemently (<i>vehementer</i>) are -similarly admonished, but in addition they may be -sent to prison for a time, whereafter they must undergo -a heavy penance, such as standing on certain days -at the door of the principal church or near the altar -during the celebration of Mass holding a candle—but -not wearing a <i>sanbenito</i>, as, properly speaking, -they are not heretics—or they may be sent upon a -pilgrimage.</p> - -<p>He who is violently suspected (<i>violenter</i>) shall be -absolved of the excommunication incurred, but as his -crime may not go unpunished, and to the end that -<span class="pagenum" id="Page_148">148</span> -he may suffer less severely in the next world, he is -sentenced to a term of imprisonment, whereafter he -shall be condemned to stand at the church door during -the great feasts of the year wearing the penitential -scapulary known as the <i>sanbenito</i>, that all may be -made aware of his infamy.</p> - -<p>After passing sentence, the inquisitor shall admonish -the penitent in these terms:</p> - -<p>“My dear Son, be patient and do not despair; if -we observe in you the signs of contrition we shall -soften your penance; but beware of departing from -what we have prescribed for you; should you do so -you shall be punished as an impenitent heretic.”</p> - -<p>The punishment for the impenitent was, of course, -the fire.</p> - -<p>The inquisitor shall conclude the ceremony by -granting an indulgence of forty days to all who have -attended it and an indulgence of three years to -those who shall have taken part in it.</p> - -<p>The sentence of prison, with its bread-and-water -diet, might be relaxed; but never that of the <i>sanbenito</i>, -which is considered by Eymeric—and inquisitors -generally—as the most salutary of penances for him -that undergoes it and the most edifying to the public -generally.</p> - -<p>The self-delators admitted by Torquemada to -abjuration were treated as suspects of the first degree—<i>leviter</i>.</p> - -<h3><span class="smcap">Article VI</span></h3> - -<blockquote> - -<p>Inasmuch as heretics and apostates (although they return -to the Catholic Faith and become reconciled) are infamous at -law, and inasmuch as they must perform their penances -with humility and sorrow for having lapsed into error, the -inquisitors shall order them not to hold any public office -or ecclesiastical benefice, and they shall not be lawyers or -brokers, apothecaries, surgeons or physicians, nor shall they -wear gold or silver, coral, pearls, precious stones or other -ornaments, nor dress in silk or camlett, nor go on horseback -nor carry weapons all their lives, under pain of being deemed -<span class="pagenum" id="Page_149">149</span> -relapsed (<i>relapsos</i>) into heresy, as must all be considered who -after reconciliation do not carry out the penances imposed -upon them.</p></blockquote> - -<p>This decree was no more than the revival of the -enactment made a century and a half earlier by -Alfonso XI in the code known as the Partidas, which -had mercifully been allowed to fall into desuetude. It -was, Llorente tells us, a considerable source of wealth -to the Roman Curia. Frequent appeals for “rehabilitation” -were made in consequence, and accorded under -an apostolic brief whose heavy charges the appellants -were required to defray.</p> - -<p>Torquemada mercifully stops short of ordering the -self-delators to wear the <i>sanbenito</i>. Even so, however, -by decreeing that they must wear no garments -of silk or wool, and therefore none but the very -plainest raiment, unadorned by any precious metal or -jewel—not to mention the prohibition to use weapons -or go on horseback—he imposed upon them a garb -that was only some degrees removed from the penitential -sack and served the same purpose of marking -them out for infamy.</p> - -<p>The wearing of the <i>sanbenito</i>, too, was a custom -that had fallen somewhat into desuetude. But the -ascetic Torquemada was not the man to allow a form -of penance accounted so very salutary to continue -neglected. He revived and extended the use of it, -adding innovations of his own, so that it came to be -imposed not only upon condemned heretics, but upon -the reconciled—other than self-delators—and upon suspects, -who were required to wear it during the abjuration -ceremony.</p> - -<p>This odious garment, its origin and history, shall -presently be more fully considered.</p> - -<h3><span class="smcap">Article VII</span></h3> - -<blockquote> - -<p>As the crime of heresy is a very heinous one, it is desired -that the reconciled may realize by the penances imposed -<span class="pagenum" id="Page_150">150</span> -upon them how gravely they have offended and sinned -against Our Lord Jesus Christ. Yet, as it is our aim to -treat them very mercifully and kindly, pardoning them from -the pain of fire and perpetual imprisonment, and leaving -them all their property should they, as has been said, come -to confess their errors within the appointed time of grace, -the inquisitors shall, in addition to the penances imposed -upon the said reconciled, order them to bestow as alms a -certain portion of their property, according to the position -of the penitent and the gravity of the crimes confessed. -These pecuniary penances shall be applied for the Holy War -which the most serene Sovereigns are making upon the -Moors of Granada, enemies of our Holy Catholic Faith, and -to other pious works that may be undertaken. For just as -the said heretics and apostates have offended against Our -Lord and His Holy Faith, so, after re-incorporation in the -Church, it is just that they should bear pecuniary penances -for the defence of the Holy Faith.</p> - -<p>These pecuniary penances shall be at the discretion of the -inquisitors; but they shall be guided by the tariff given -them by the Reverend Father Prior of Holy Cross (<i>i.e.</i> by -Torquemada).</p></blockquote> - -<p>It was no inconsiderable proportion of their property -that was required of them, as may be seen from -the penance of “alms” for the war against Granada -imposed upon those who were reconciled in Toledo -two years later; one-fifth of their property being -demanded.<a id="FNanchor_88" href="#Footnote_88" class="fnanchor">88</a></p> - -<h3><span class="smcap">Article VIII</span></h3> - -<blockquote> - -<p>Should any person guilty of the said crime of heresy fail -to present himself within the appointed period of grace, but -come forward voluntarily after its expiry and make his -confession in due form before having been arrested or cited -by the inquisitors, or before the inquisitors shall have received -testimony against him, such person shall be received -to abjuration and reconciliation in the same manner as -those who presented themselves during the term of the said -edict, and he shall be submitted to penances at the discretion -of the inquisitors. But such penances shall not be pecuniary -<span class="pagenum" id="Page_151">151</span> -because his property is confiscate [<i>so that his admission to -abjuration is not quite upon the same terms</i>].</p> - -<p>But if at the time of his coming to confess and seek -reconciliation, the inquisitors should already be informed by -witnesses of his heresy or apostasy, or should already have -cited him to appear before the Court to answer the charge, -in such a case the inquisitor shall receive the penitent to -reconciliation—if he entirely confesses his own errors and -what he knows of the errors of others—and shall impose -upon him heavier penances than upon the former, even up to -perpetual imprisonment should the case demand it.</p></blockquote> - -<p>This is merely one of those quibbles that permeate -this jurisprudence. The article in this last respect -is so framed as to make it appear that under such -circumstances the inquisitors would be acting more -mercifully than against an accused heretic; but the -latitude of punishment is such that they need display -no such mercy—perpetual imprisonment being the -punishment prescribed for any heretic (who is not -“relapsed”) seeking reconciliation.</p> - -<blockquote> - -<p>But no persons who shall come to confess after expiry of -the period of grace shall be subjected to pecuniary penances—unless -their Highnesses should mercifully condescend to -remit all or portion of the confiscation incurred by those so -reconciled.</p></blockquote> - -<p>This last clause seems rather in the nature of -a provision against any merciful weakness on the -Sovereigns’ part.</p> - -<h3><span class="smcap">Article IX</span></h3> - -<blockquote> - -<p>If any children of heretics having fallen into the sin of -heresy by indoctrination of their parents, and being under -twenty years of age, should come to seek reconciliation and -to confess the errors they know of themselves, their parents -and any other persons, even though they should come after -the expiry of the term of grace, the inquisitors shall receive -them kindly, imposing penances lighter than upon others in -like case, and they shall contrive that these children be tutored -in the Faith and the Sacraments of Holy Mother Church, -as they are to be excused upon the grounds of age and -education.</p></blockquote> -<p><span class="pagenum" id="Page_152">152</span></p> - -<p>They are not, however, to be excused to the extent -of enjoying any of their parents’ property. That is -confiscate by virtue of the parents’ heresy; and by -virtue of that same heresy on the part of their parents -these children and their own children must remain -under the ban of infamy, inhibited from wearing gold -or silver, etc., and from holding any office under the -crown or any ecclesiastical benefice. It seems almost -ironical to talk of imposing light penances upon -wretches who are automatically subject to such -penalties as these. But by that “light penance” -Llorente conceives would be meant their wearing a -<i>sanbenito</i> for a couple of years, appearing in it at -Mass and being paraded in it in processions.</p> - -<h3><span class="smcap">Article X</span></h3> - -<blockquote> - -<p>Persons guilty of heresy and apostasy, by the fact of their -having fallen into these sins, incur the loss of all their -property and the administration of it, counting from the -day when first they offended, and their said property is -confiscate to their Highnesses’ treasury. But in the matter -of ecclesiastical pains in the case of those reconciled, the -inquisitors in pronouncing upon them shall declare them to -be heretics, apostates, or observers of the rites and ceremonies -of the Jews; but that since they seek conversion with -a pure heart and true faith, and they are ready to bear -the penances that may be imposed, they shall be absolved -and reconciled to Holy Mother Church.</p></blockquote> - -<p>The object of this article is really to make the act -of confiscation retrospective where necessary, so as to -circumvent any who should attempt, by alienation -of his property, to avoid its confiscation. Since the -confiscation was incurred upon the date of the first -offence against the Faith, the inquisitors were to -trace any property that might subsequently have -been disposed of by the delinquent, and even should -it have gone to the paying of debts or the endowment -of a daughter married to one who was an old and -“clean” Christian, the Holy Office must seize and -confiscate it to the Royal Treasury. -<span class="pagenum" id="Page_153">153</span></p> - -<h3><span class="smcap">Article XI</span></h3> - -<blockquote> - -<p>If any heretic or apostate who shall have been arrested -upon information laid against him should say that he desires -reconciliation and confess all his faults, what Jewish ceremonies -he may have observed, and what is known to him -of the faults of others, entirely and without reservations, -the inquisitors shall admit him to reconciliation subject to -perpetual imprisonment as by law prescribed. But should -the inquisitors, in conjunction with the diocesan ordinary, -in view of the contrition of the offender and the quality of -his confession, think well to commute this penance to another -lighter one, they shall have faculty so to do.</p> - -<p>It seems that this should take place chiefly if the heretic -at the first sitting of the court, or upon his first appearance -before it, without awaiting the declaration of his offences, -should announce his desire to confess and abjure; and such -confession should be made before there is any publication of -witnesses or of the matters urged by them against him.</p></blockquote> - -<h3><span class="smcap">Article XII</span></h3> - -<blockquote> - -<p>Should the prosecution of an accused have been conducted -to the point of the publication of witnesses and their depositions, -but should he then confess his faults and beg to be -admitted to reconciliation, desiring formally to abjure his -errors, the inquisitors shall receive him to the said reconciliation -subject to perpetual imprisonment, to which they shall -sentence him—save if in view of his contrition and other -attendant circumstances the inquisitors should have cause to -consider that the reconciliation of such a heretic is simulated; -in such case they must declare him an impenitent heretic and -abandon him to the secular arm: all of which is left to the -conscience of the inquisitors.</p></blockquote> - -<p>“Abandonment to the secular arm” is, as shall -presently be considered, the ecclesiastical equivalent -to a sentence of death by fire.</p> - -<p>The term “publication of witnesses” must not be -accepted literally. What it really meant will become -clear upon reading Article XVI, which was specially -framed by Torquemada to modify and limit this -time-honoured custom of civil and ecclesiastical courts. -<span class="pagenum" id="Page_154">154</span></p> - -<h3><span class="smcap">Article XIII</span></h3> - -<blockquote> - -<p>If any of those who are reconciled during the period of -grace or after its expiry should fail to confess all their own -sins and all that they know of the sins of others, especially in -grave cases, and should such omission arise not from forgetfulness -but from malice, as may afterwards be proved by -witnesses, since it is clear that the said reconciled have -perjured themselves, and it must be presumed that their -reconciliation was simulated, although they may have been -absolved let them be proceeded against as impenitent heretics -as soon as the said fiction and perjury are discovered.</p> - -<p>Similarly if any person reconciled at the time of the edict -of grace or afterwards, shall boast himself in public in such -a manner that this can be proved, saying that he did not -commit the sins to which he confessed, he must be deemed -impenitent and a simulated convert, and the inquisitors shall -proceed against him as if he were not reconciled.</p></blockquote> - -<h3><span class="smcap">Article XIV</span></h3> - -<blockquote> - -<p>If any, upon being denounced and convicted of the sin of -heresy, shall deny and persist in his denial until sentence is -passed, and the said crime shall have been proved against -him, although the accused should confess the Catholic Faith -and assert that he has always been and is a Christian, the -inquisitors must declare him a heretic and so sentence him, -for juridically the crime is proved, and by refusing to confess -his error the convict does not permit the Church to absolve -him and use him mercifully.</p> - -<p>But in such cases the inquisitors should proceed with -great care in their examination of the witnesses, closely cross-questioning -them, gathering information on the score of their -characters, and ascertaining whether there exist motives why -they should depone out of hatred or ill-will towards the -prisoner.</p></blockquote> - -<h3><span class="smcap">Article XV</span></h3> - -<blockquote> - -<p>If the said crime of heresy or apostasy is half-proven -(<i>semiplenamente provado</i>) the inquisitors may deliberate -upon putting the accused to the torture, and if under torture -he should confess his sin, he must ratify his confession on -one of the following three days. If he does so ratify he shall -be punished as convicted of heresy; if he does not ratify, but -revokes his confession as the crime is neither fully proved -<span class="pagenum" id="Page_155">155</span> -nor yet disproved, the inquisitors must order, on account of -the infamy and presumption of guilt of the accused, that -he should publicly abjure his error; or the inquisitors may -repeat the torture.</p></blockquote> - -<p>There is nothing in this article that may be considered -as a departure from or an enlargement upon -any of the rules laid down by Eymeric in his -“Directorium,” as we shall see when we come to -deal with this gruesome subject of torture.</p> - -<p>It is urged by apologists that, when all is said, the -torture to which the inquisitors had recourse, and, -similarly, the punishment of death by fire, were not -peculiarly ecclesiastical institutions; that they were -the ordinary civil methods of dealing with offenders, -and that in adopting them the Church had simply conformed, -as was her custom, with that which was by -law prescribed.</p> - -<p>It is quite true that originally these were the -methods by which the secular tribunals proceeded -against those who sinned against the Faith. But it -must also be borne in mind that if the civil authorities -so proceeded they implicitly obeyed the bull “ad -extirpanda” of Sixtus IV, which imposed this duty -upon them under pain of excommunication.</p> - -<p>Owing to the inconvenience that attended this -procedure in so far as torture and questions upon -matters of Faith were concerned, it was later accounted -desirable that the inquisitors themselves -should take charge of it. They were enjoined, however, -to see to it that there should be no shedding of -blood or loss of life, since it was against the Christian -maxims that a priest should be guilty of such things. -So that when by misadventure it happened that blood -was shed or a patient died under the hands of the -torturers, the inquisitor conducting the examination -became guilty of an irregularity. For this he must -seek absolution at the hands of a brother cleric; and -the inquisitors were informed—to make matters easier -for them and to spare them anxieties in this matter—that -<span class="pagenum" id="Page_156">156</span> -they had the right to absolve one another under -such circumstances.</p> - -<p>But even if we fully admit that the use of torture—and -similarly of fire—had been secular institutions of -which the Church had simply availed herself as the -only methods that commended themselves in such an -age, it must still be held against the inquisitors that -these methods were by no means tempered or softened -in their priestly hands.</p> - -<h3><span class="smcap">Article XVI</span></h3> - -<blockquote> - -<p>It being held that the publication of the names of witnesses -who depone upon the crime of heresy might result in great -harm and danger to the persons and property of the said -witnesses—since it is known that many have been wounded -and killed by heretics—it is resolved that the accused shall not -be supplied with a copy of the depositions against him, but -that he shall be informed of what is declared in them, whilst -such circumstances as might lead to the identification of the -deponents shall be withheld.</p> - -<p>But the inquisitors must, when proof has been obtained -from the examination of the witnesses, publish these depositions, -withholding always the names and such circumstances -as might enable the accused to learn the identity of the -witnesses; and the inquisitors may give the accused a -copy of the publication in such form [<i>i.e.</i> truncated] if he -requires it.</p> - -<p>If the accused should demand the services of an advocate, -he shall be supplied. The advocate must make formal oath -that he will faithfully assist the accused, but that if at any -stage of the pleadings he shall realize that justice is not on -his side, he shall at once cease to assist the delinquent and -shall inform the inquisitors of the circumstance.</p> - -<p>The accused shall pay out of his own property, if he have -any, the services of the advocate; if he have no property, then -the advocate shall be paid out of other confiscations, such -being the pleasure of their Highnesses.</p></blockquote> - -<p>It is extremely doubtful if a more flagrant departure -from all the laws of equity would be possible than that -which is embodied in Torquemada’s enactment on the -subject of witnesses. -<span class="pagenum" id="Page_157">157</span></p> - -<p>The notion of an accused hearing nothing of what -is deposed against him, of his not even being informed -of the full extent of such depositions nor yet confronted -with his accusers, is beyond a doubt one of the most -monstrously unjust features of this tribunal. And by -taking the fullest advantage of that enactment and -reducing the proceedings to a secrecy such as was -never known in any court, the inquisitors were able to -inspire a terror which was even greater than that -occasioned by the fires they fed with human fuel at -their frequent Autos.</p> - -<p>Torquemada based this enactment upon the caution -laid down by Eymeric on the score of divulging the -names of witnesses. But Eymeric went no further -than to say that these names should be suppressed -where a possibility of danger to the delators lay in -their being divulged. The accused, however, might -have the full record of the proceedings read to him, -and he might infer for himself who were his accusers. -There was no question in Eymeric of any truncations.</p> - -<p>Torquemada’s aim is perfectly clear. It was not -based, as is said in the article, upon concern for any -danger that the delators might incur. For, after all, it -shall be made plain before we conclude the survey of -inquisitorial jurisprudence, that the wounding or even -the death of those witnesses would be regarded (professedly, -at least) as an enviable thing; they would be -suffering for the Faith, and thus qualifying for the -immortal crown of martyrdom. Rather was Torquemada’s -object to remove all fear that might trammel -delators and stifle delations. The delator must be -protected solely to the end that other delators might -come forward with confidence to inform against secret -heretics and apostates, so that the activities of the -Holy Office should suffer no curtailment.</p> - -<p>Trasmiera, a later inquisitor, in the course of an -eulogium of secrecy, speaks of it as “the pole upon -which the government of the Inquisition is balanced, -calling for the veneration of the faithful; it facilitates -<span class="pagenum" id="Page_158">158</span> -the delations of witnesses, and it is the support and -foundation of this tribunal; once deprived of it, the -architecture of the edifice must undoubtedly give -way.”<a id="FNanchor_89" href="#Footnote_89" class="fnanchor">89</a></p> - -<p>The clause relating to advocates is founded upon -the ancient ecclesiastical law which forbade an advocate -to plead for heretics. His being enlisted under the -present clause would clearly serve to increase the peril -of the accused.</p> - -<h3><span class="smcap">Article XVII</span></h3> - -<blockquote> - -<p>The inquisitors shall, themselves, examine the witnesses, -and not leave such examinations to their notaries or others, -unless a witness should be ill or unable to come before -the inquisitor and the inquisitor similarly unable to go to the -witness, in which case he may send the ordinary ecclesiastical -judge of the district with another upright person and a notary -to take the depositions.</p></blockquote> - -<h3><span class="smcap">Article XVIII</span></h3> - -<blockquote> - -<p>When any person is put to the torture the inquisitors and -the ordinary should be present—or, at least, some of them. -<span class="pagenum" id="Page_159">159</span> -But when this is for any reason impossible, then the person -entrusted to question should be a learned and faithful man -(<i>hombre entendido y fiel</i>).</p></blockquote> - -<h3><span class="smcap">Article XIX</span></h3> - -<blockquote> - -<p>to the door of the church of the district to which he belongs, -and after thirty days’ grace the inquisitors may proceed to try -him as contumaciously absent. If there is sufficient evidence -of his guilt, sentence may be passed upon him. Or, if evidence -is insufficient, he may be branded a suspect and commanded—as -is due of suspects—to present himself for canonical purgation. -Should he fail to do so within the time appointed, his -guilt must be presumed.</p> - -<p>Proceedings against the absent may be taken in any of -the following three ways:</p> - -<p>(1) In accordance with the chapter “Cum contumatia de -hereticis,” citing the accused to appear and defend himself -upon certain matters concerning the Faith and certain sins of -heresy, under pain of excommunication; if he does not respond, -he shall be denounced as a rebel, and if he persists -in this rebellion for one year he shall be declared a formal -heretic. This is the safest and least rigorous course to adopt.</p> - -<p>(2) Should it seem to the inquisitors that a crime against -any absent can be established, let him be cited by edict to -come and prove his innocence within thirty days—or a longer -period may be conceded if such is necessary to permit him to -return from wherever he may be known to be. And he shall -be cited at every stage of the proceedings until the passing of -sentence, when, should he still be absent, let him be accused of -rebellion, and should the crime be proved he may be condemned -in his absence without further delay.</p> - -<p>(3) If in the course of inquisitorial proceedings there is -presumption of heresy against an absent person (although the -crime is not clearly proved) the inquisitors may summon him -by edict commanding him to appear within a given time to -clear himself canonically of the said error, on the understanding -that should he fail to appear, or, appearing, should fail to -clear himself, he shall be deemed convicted and the inquisitors -shall proceed to act as by law prescribed.</p> - -<p>The inquisitors, being learned and discriminating, will -select the course that seems most certain and is most practical -under the particular circumstances of the case.</p></blockquote> -<p><span class="pagenum" id="Page_160">160</span></p> - -<p>Any person condemned as contumacious became -an outlaw, whom it was lawful for any man to kill.</p> - -<p><span class="smcap">Canonical Purgation</span>, which is mentioned in this -article, differs considerably from <span class="smcap">Abjuration</span>, and the -difference must be indicated.</p> - -<p>It is applicable only to those who are accused by -the public voice—<i>i.e.</i> who have acquired the “reputation” -of heresy—without yet having been detected in -any act or speech that might cause them to be suspected -of heresy in any of the defined degrees of such suspicion.</p> - -<p>It almost amounts to a distinction without a difference, -and is an excellent instance of the almost laboured -equity in which this tribunal indulged in matters of detail -whilst flagrantly outraging equity in the main issues.</p> - -<p>For Canonical Purgation, says Eymeric,<a id="FNanchor_90" href="#Footnote_90" class="fnanchor">90</a> the -accused must find a certain number of sureties or -<i>compurgatores</i>, the number required being governed -by the gravity of the (alleged) offence. They must be -persons of integrity and of the same station in life as -the accused, with whom they must have been acquainted -for some years. The accused shall make oath upon -the Gospels that he has never held or taught the -heresies stated, and the <i>compurgatores</i> shall swear to -their belief that this is the truth. This Purgation -must be made in all cities where the accused has been -defamed.</p> - -<p>The accused shall be given a certain time in which -to find his <i>compurgatores</i>, and should he fail to find the -number required he shall at once be convicted and -condemned as a heretic.</p> - -<p>And Pegna adds, in his commentary upon this, that -any who shall be found guilty of heresy after having once -been in this position is to be regarded as a “relapso” -and delivered to the secular arm. For this reason he -enjoins that Canonical Purgation should not lightly be -ordered, as it is so largely dependent upon the will of -third parties. -<span class="pagenum" id="Page_161">161</span></p> - -<p>Eymeric adds, further, that sometimes Canonical -Purgation may be ordered to those who are defamed -by the public voice but who are not in the hands of -the inquisitors. Should they refuse to surrender, the -inquisitors shall proceed to excommunicate them, and -if they persist in their excommunication for one year -they shall be deemed heretics, and subject to the -penalties entailed by such a sentence.</p> - -<h3><span class="smcap">Article XX</span></h3> - -<blockquote> - -<p>If any writings or trials should bring to light the heresy -of a person deceased, let proceedings be taken against him—even -though forty years shall have elapsed since the offence—let -the fiscal accuse him before the tribunal, and if he should -be found guilty the body must be exhumed.</p> - -<p>His children or heirs may appear to defend him; but -should they fail to appear, or, appearing, fail to establish his -innocence, sentence shall be passed upon him and his property -confiscated.</p></blockquote> - -<p>It will, of course, be obvious that since no good -or useful purpose could be served by instituting proceedings -against the dead, nothing but cupidity can -have inspired so barbarous a decree as this. The -avowed object of the Inquisition—and very loudly -and insistently avowed—was the uprooting of heresies -to prevent their spread, and the inquisitors maintained -that it was a painful necessity thrust upon them by -their duty to God to destroy those who persisted in -heresy, lest these, by their teaching and example, -should contaminate and imperil the souls of others. -Thus the Inquisition justified itself, and removed all -doubt as to the purity of its motives.</p> - -<p>But how should this justification apply to the trial -of the dead—even though they should have been dead -for over forty years?</p> - -<p>The provision, however, was not Torquemada’s own. -He followed in the footsteps of earlier inquisitors. -He found his precedent in the 120th question propounded -by Eymeric—“Confiscatio bonorum hæretici -<span class="pagenum" id="Page_162">162</span> -fieri potest post ejus mortem.” In this the author of -the “Directorium” lays it down that although in civil law -legal action against a criminal ceases with his death, -such is not to be the case where heresy is concerned, -on account of the enormity of the crime. (It may -seem that, had he been quite honest, he would have said, -“on account of the profits that may accrue from -the prosecution.”)</p> - -<p>Heretics, he pursues, may be proceeded against -after their death, and, if convicted, their property may -be confiscated—and this within forty years of their -decease—depriving the heirs of all enjoyment of it, -even though the third generation should be in -possession.</p> - -<p>All that Torquemada did was to extend the term -of procedure beyond the forty years to which Eymeric -had limited it.</p> - -<p>And to the foregoing Eymeric adds that, should -the heirs at any time have acquired knowledge that -the deceased was a heretic, they shall be censured for -having acted in bad faith and kept the matter secret! -By this he actually puts it upon men to come forward -voluntarily and accuse their dead fathers or grandfathers -of heretical practices, to the end that they -themselves may be rendered destitute and infamous -to the extent of being incapacitated from holding any -public office or following any honourable profession—and -this though they themselves should be the most -faithful of Catholics, untouched by the faintest breath -of suspicion!</p> - -<p>It is beyond words a monstrous and inequitable -enactment. Yet, like all else, they can justify it. If -there is one thing in which the inquisitors were truly -admirable, it is in the deftness with which they could -justify and reconcile with their conscience the most -inhuman practice. They would answer questions as -to the lawfulness of this proceeding by urging that -they did it with the greatest reluctance, but that their -duty demanded it to the end that the living should -<span class="pagenum" id="Page_163">163</span> -beware how they failed in fidelity to the Faith, lest -punishment should overtake them in their descendants -after they themselves had passed beyond the reach of -human justice. Thus would they represent the act as -salutary and to the advantage of the Faith. And -since there is at least a scintilla of truth in this, who -shall say that they did not tranquillize their consciences -and delude themselves that the confiscations -were a mere incident which nowise swayed their -judgment?</p> - -<p>That proceedings against persons deceased were -by no means rare is shown by the frequent records of -corpses burnt—one of the purposes for which they -were exhumed; the other being that they must cease -to defile consecrated ground.</p> - -<h3><span class="smcap">Article XXI</span></h3> - -<blockquote> - -<p>The Sovereigns desiring that inquisition be made alike -in the domains of the nobles as in the lands under the -Crown, inquisitors shall proceed to effect these, and shall -require the lords of such domains to make oath to comply -with all that the law ordains, and to lend all assistance to -the inquisitors. Should they decline to do so, they shall be -proceeded against as by law established.</p></blockquote> - -<h3><span class="smcap">Article XXII</span></h3> - -<blockquote> - -<p>Should heretics who are delivered to the secular arm -leave children who are minors and unmarried, the inquisitors -shall provide and ordain that they be cared for and reared by -some persons who will instruct them in our Holy Faith. -The inquisitors shall prepare a memorial of such orphans and -the circumstances of each, to the end that of the royal bounty -alms may be provided to the extent necessary, this being the -wish of the Sovereigns when the children are good Christians, -especially in the case of girls, who should receive a dower -sufficient to enable them to marry or enter a convent.</p></blockquote> - -<p>Llorente tells us that although he went through -very many records of old proceedings of the Inquisition, -<span class="pagenum" id="Page_164">164</span> -in no single instance did he discover a record of any -such provision in favour of the child of a condemned -heretic.<a id="FNanchor_91" href="#Footnote_91" class="fnanchor">91</a></p> - -<p>Harsh as were the decrees of the Inquisition in all -things, in nothing were they so harsh as in the enactments -concerning the children of heretics. However -innocent themselves of the heresy for which their -parents or grandparents might have suffered, not only -must they go destitute, but further they must be -prevented from ever extricating themselves appreciably -from that condition, being inhibited—to the second -generation—from holding any office under the Crown, -or any ecclesiastical benefice, and from following any -honourable or lucrative profession. And, as if that -were not in itself sufficient, they were further condemned -to wear the outward signs of infamy, to go -dressed in serge, without weapons or ornaments, and -never ride on horseback, under pain of worse befalling -them. One of the inevitable results of this barbarous -decree was the extinction of many good Spanish -families of Jewish blood in the last decade of the -fifteenth century.</p> - -<p>This the inquisitors understood to be the literal -application to practical life of the gentle and merciful -precepts of the sweet Christ in Whose name they -acted.</p> - -<p>Eymeric and his commentator Pegna make clear, -between them, the inquisitorial point of view. The -author of the “Directorium” tells us that commiseration -for the children of heretics who are reduced to -mendicity must not be allowed to soften this severity, -since by all laws, human and divine, it is prescribed -that the children must suffer for the sins of the -fathers.<a id="FNanchor_92" href="#Footnote_92" class="fnanchor">92</a></p> - -<p>The scholiast expounds at length the justice of this -measure. He says that there have been authors, such -as Hostiensis, who pretend that it lacks the equity of -<span class="pagenum" id="Page_165">165</span> -the ancient laws, which admitted Catholic children to -inheritance. But he assures us that they are wrong in -holding such views, that there is no injustice in the -provision, and that it is salutary, since the fear of it is -calculated to influence parents and to turn them—out -of love for their offspring—from the great crime of -heresy.</p> - -<p>To minds less dulled by bigotry it must have been -clear that by this, as, for that matter, by many other -of their decrees, all that was achieved was to put a -premium upon hypocrisy.</p> - -<p>Another consideration that escaped their notice—being, -as they were, capable of perceiving one thing -only at a time—was that if this precious measure was -prescribed by all laws, human and divine, it should -have been unavoidable. Yet they themselves provided -the means of avoiding it—as we know—for the child -vile enough to lay information of his parents’ heresy. -By what laws, human or divine, did they dare to -encourage such an infamy? By no law but their own—a -law whose chief aim, it is obvious at every turn, -was to swell the number of convictions.</p> - -<p>What opinion was held of children who informed -against their parents to avert the awful fate that -awaited them should their parents’ heresy be discovered -by others, is apparent in the case of the -daughter of Diego de Susan—who, very possibly, was -actuated by just such motives.</p> - -<h3><span class="smcap">Article XXIII</span></h3> - -<blockquote> - -<p>Should any heretic or apostate who has been reconciled -within the term of grace be relieved by their Highnesses from -the punishment of confiscation of his property, it is to be -understood that such relief applies only to that property -which by their own sin was lost to them. It does not extend -to property which the person reconciled shall have the right -to inherit from another who shall have suffered confiscation. -This to the end that a person so pardoned shall not be in -better case than a pure Catholic heir.</p></blockquote> -<p><span class="pagenum" id="Page_166">166</span></p> - -<h3><span class="smcap">Article XXIV</span></h3> - -<blockquote> - -<p>As the King and Queen in their clemency have ordained -that the Christian slaves of heretics shall be freed, and even -when the heretic is reconciled and immune from confiscation, -this immunity shall not extend to his slaves; these shall be -manumitted in any case, to the greater honour and glory of -our Holy Faith.</p></blockquote> - -<h3><span class="smcap">Article XXV</span></h3> - -<blockquote> - -<p>Inquisitors and assessors and other officers of the Inquisition, -such as fiscal advocates, constables, notaries, and ushers, -must excuse themselves from receiving gifts from any who -may have or may come to have affairs with the Inquisition, -or from others on their behalf; and the Father Prior of Holy -Cross orders them not to receive any such gifts under pain of -excommunication, of being deprived of office under the -Inquisition and compelled to make restitution and repay to -twice the value of what they may have received.</p></blockquote> - -<p>Eymeric’s “Directorium” permitted the reception -of gifts by inquisitors, provided that these gifts were -not too considerable, but he enjoined inquisitors not to -show too much avidity—not, it would seem, on account -of the sin that lurks in avidity, but so as not to give -scandal to the laity.<a id="FNanchor_93" href="#Footnote_93" class="fnanchor">93</a></p> - -<h3><span class="smcap">Article XXVI</span></h3> - -<blockquote> - -<p>Inquisitors shall endeavour to work harmoniously together; -the honour of the office they hold demands this, and inconveniences -might result from discords amongst them. Should -any inquisitor be acting in the place of the diocesan ordinary, -let him not on that account presume that he enjoys pre-eminence -over his colleagues. If any difference should arise -between inquisitors and they be unable themselves to adjust -it, let them keep the matter secret until they can lay it before -the Prior of Holy Cross, who, as their superior, will decide it -as he considers best.</p></blockquote> - -<h3><span class="smcap">Article XXVII</span></h3> - -<blockquote> - -<p>Inquisitors shall endeavour to contrive that their officers -treat one another well and dwell in harmony and honourably. -<span class="pagenum" id="Page_167">167</span> -Should any officer commit an excess, let them punish him -charitably, and should they be unable to cause an officer to -fulfil his duty, let them advise the Prior of Holy Cross thereof, -and he will at once deprive such a one of his office and make -such an appointment as may seem best for the service of Our -Lord and their Highnesses.</p></blockquote> - -<h3><span class="smcap">Article XXVIII</span></h3> - -<blockquote> - -<p>Should any matter arise for which provision has not been -made by this code, the inquisitors shall proceed as by law -prescribed, it being left to them to dispose as their consciences -show them to be best for the service of God and their -Highnesses.</p></blockquote> - -<p>To these twenty-eight articles Torquemada was to -make further additions—in January of the following -year, in October of 1488 and in May of 1498. We -shall indicate to them, but for the moment it is sufficient -to say that—saving some of those of 1498—they are -of secondary importance, being mainly in the nature of -corollaries upon those we have dealt with, and chiefly -concerned with the internal governance of the Inquisition -rather than with its relations to the outside -world. -<span class="pagenum" id="Page_168">168</span></p> - -<h2 id="CHAPTER_XI">CHAPTER XI<br /> - -<span class="medium">THE JURISPRUDENCE OF THE HOLY OFFICE—THE MODE -OF PROCEDURE</span></h2> - -<p>No complete notion of the jurisprudence of the Holy -Office can be formed without taking a glance at this -tribunal at work and observing the methods upon -which it proceeded in its dealings with those who were -arraigned before it.</p> - -<p>Its scope has already been considered, and also -the offences that came within its pitiless jurisdiction -at the time of Torquemada’s appointment to the -mighty office of Grand Inquisitor and President of -the Suprema. It remains to be added that in his -endeavours to cast an ever-wider net he sought to -increase the jurisdiction of the Inquisition beyond -matters immediately concerned with the Faith and to -include certain offences whose connection with it was -only constructive.</p> - -<p>Whether he succeeded to the full extent of his -aims we do not know. But we do know that he -contrived that bigamy should become the concern of -the Holy Office, contending that it was primarily an -offence against the laws of God and a defilement of -the Sacrament of Marriage. Adultery, which is no -less an offence against that sacrament, and which is -not punishable by civil law, he passed over; but he -contrived that sodomy should be brought for the first -time within inquisitorial jurisdiction and that those -convicted of it should be burnt alive.</p> - -<p>Himself a man of the most rigid chastity, he must -<span class="pagenum" id="Page_169">169</span> -have been moved to anger by the unchastity so prevalent -among the clergy. It was, however, beyond his -power to deal with it without special authority from -Rome, and he would have been bold indeed to have -sought such authority at the hands of that flagrant -paterfamilias Giovanni Battista Cibo, who occupied -the Chair of St. Peter with the title of Pope Innocent -VIII.</p> - -<p>The most scandalous form of this unchastity was -that known as “solicitation”—<i>solicitatio ad turpia</i>—or -the abuse of the confessional for the purpose of -seducing female penitents. It was a matter that greatly -vexed the Church as a body, since it placed a terrible -weapon in the hands of her enemies and detractors. -It was admittedly rampant, and it is more than probable -that it was directly responsible for the institution of -the confessional-box—enforced in the sixteenth century—which -effectively separated confessor from penitent, -and left them to communicate through a grille.</p> - -<p>The matter, like all other offences of the clergy, -was entirely within the jurisdiction of the bishops, -who would vigorously have resisted any attempts on -the part of Torquemada to encroach further upon -their province. So the Church was left to combat -that evil as best she might; and, with the exception of -an odd bishop who assumed a stern attitude and dealt -with it as became his own dignity and the honour of -the priesthood, the utmost lenience appears to have -prevailed,<a id="FNanchor_94" href="#Footnote_94" class="fnanchor">94</a> as we may judge by the penances imposed -upon convicted offenders.</p> - -<p>The perils and temptations to which a priest was -exposed in the course of the intimate communications -that must pass between him and his penitents were -given full recognition and allowed full weight in the -balance against the offence itself.</p> - -<p>Later on, however, this matter which Torquemada -had considered beyond his power was actually thrust -within the jurisdiction of the Inquisition by a Church -<span class="pagenum" id="Page_170">170</span> -resolved, for the very sake of its existence, that the -evil should cease.</p> - -<p>Vexatious as this crime of “solicitation” had -always been, it became most urgently and perilously -so after the Reformation, when it provided those -who denounced the confessional with an apparently -unanswerable reason for their denunciations. It was -wisely thought that the methods of the Holy Office -were best calculated to deal with it, and the matter -was relegated to the inquisitors. The defilement of -the sacrament was the link that connected solicitation -with heresy. Moreover, in some cases there might -be heresy of a more positive kind; as when, for -instance, the priest assured the penitent that her -consent was not a sin. And the woman accusing a -priest of solicitation before the Holy Office was -always questioned closely upon this particular point.</p> - -<p>In the later editions of the “Cartilla,” or Manual -for the guidance of Inquisitors—all of which publications -were issued by the private press of the Inquisition—are -to be found under the heading “Causas de -Solicitacion” instructions for the examination of a -woman who denounces a priest upon these grounds.<a id="FNanchor_95" href="#Footnote_95" class="fnanchor">95</a></p> - -<p>Even so, however, it could not be in the interests -of the Church to parade these offenders, and thus -expose the sore places in her own body.</p> - -<p>Limborch urges that delinquents be sent to the -galleys, or even delivered to the secular arm. But -<span class="pagenum" id="Page_171">171</span> -for that—as Llorente points out—it would have been -necessary to include them in an Auto de Fé of which -there could be no question on account of the scandal -which must ensue in view of the character of the -offence. This is very true, and none can doubt the -desirability of avoiding publicity for such a matter, -or suppose that the Church was in the least blame-worthy -for so proceeding. At the same time, however -justifiable we may account this secrecy, it is -almost impossible to justify the lenience of the -sentences that were passed. It is above all extraordinary -that the usual punishment did not even go -so far as to unfrock these offenders. The inquisitors -confined themselves to depriving the convicted priest -of the faculty of hearing confessions in future, and -imposed a penance of some years’ residence in the -seclusion of a convent.</p> - -<p>It is possible, however, that this punishment was -heavier than may at first appear. For—to their credit -be it said—the regulars into whose convent the -penanced cleric was sent undertook that this penance -should be anything but easy.</p> - -<p>This comes to light in the course of a case of which -Llorente cites the full particulars from the records he -unearthed.<a id="FNanchor_96" href="#Footnote_96" class="fnanchor">96</a></p> - -<p>It is the case of a Capuchin brother tried in the -eighteenth century by the Grand Inquisitor Rubin -de Cevallos; and as much in the quality and extent -of the offence as in the brazenly ingenious defence -set up by the friar, the record reads like one of the -least translatable stories from Boccaccio’s “Decameron.” -He was sentenced to go into retreat for five years -in a convent of his order; and so great a dread did -that sentence strike into the Capuchin that he besought -of the inquisitors the mercy of being allowed to serve -the sentence in one of the dungeons of the Inquisition. -Questioned as to his reasons for a request that sounded -so extraordinary, he protested that he knew too well -<span class="pagenum" id="Page_172">172</span> -the burden his brethren were wont to impose upon -a friar penanced as was he.</p> - -<p>His petition was dismissed, the Grand Inquisitor -refusing to alter the sentence; and Llorente adds that -the Capuchin died three years later in the convent to -which he was sent.</p> - -<hr class="tb" /> - -<p>How far the crime was rampant when the Inquisition -was entrusted with its prosecution may be gathered -from the statistics given by H. C. Lea.<a id="FNanchor_97" href="#Footnote_97" class="fnanchor">97</a> It appears -from these that in the city of Toledo alone, during -the first thirty-five years that the matter was in the -hands of the Holy Office, fifty-two sentences were -passed upon priests found guilty of “solicitation,” and -it is not to be supposed, as Lea very shrewdly observes, -that delations were forthcoming in more than a proportion -of the cases that occurred, or that more than -a proportion of these delations could lead to conviction—since, -to avert scandal as much as possible, -no action would be taken save where the indications -of guilt were very clear.</p> - -<p>This view is certainly supported by the injunction of -caution and the other instructions in the Manual under -the heading “Causas de Solicitaciones,” already cited.</p> - -<p>Finally on this subject, Llorente’s statistics show -that the offenders were chiefly friars; the proportion -of secular priests convicted being only one in ten. -This does not, however, signify greater chastity on -the part of secular priests. Llorente offers the obvious -explanation—an explanation too obvious to need repeating -here.<a id="FNanchor_98" href="#Footnote_98" class="fnanchor">98</a></p> - -<hr class="tb" /> - -<p>Another offence that came later to be added to -those within the jurisdiction of the Holy Office was -that of usury. But in Torquemada’s day neither this -nor solicitation was allowed to be the concern of the -Inquisition. -<span class="pagenum" id="Page_173">173</span></p> - -<p>In its methods of procedure the tribunal of the -Holy Office under the zealous rule of the Prior of -Holy Cross followed closely upon the lines laid down -by Eymeric. Indeed in the “Cartilla” or “Manual” -that was issued later for the use of inquisitors—of -which several editions are in existence to-day—these -rules taken bodily from the “Directorium” were -incorporated as a supplement to the code promulgated -by Torquemada, consisting of the articles already -considered and of others to be added later.</p> - -<p>These methods we will now consider.</p> - -<hr class="tb" /> - -<p>The accused was brought before the tribunal sitting -in the audience-chamber of the Holy Office—or Holy -House (<i>Casa Santa</i>) as the premises of the Inquisition -came to be styled.</p> - -<p>The court was composed of at least one of the -inquisitors delegated by Torquemada, the diocesan -ordinary, the fiscal advocate, and a notary to take -down all that might transpire. They were seated -about a table upon which stood a tall crucifix, between -two candles, and the Gospels upon which the -accused was to be sworn.</p> - -<p>The oath being administered, the prisoner was -asked his name, birthplace, particulars of his family, -and the diocese in which he resided. Next he was -vaguely questioned as to whether he had heard speak -of such matters as those upon which he was accused.<a id="FNanchor_99" href="#Footnote_99" class="fnanchor">99</a></p> - -<p>Pegna warns inquisitors against being too precise -in their questions, lest they should suggest answers -to the accused.<a id="FNanchor_100" href="#Footnote_100" class="fnanchor">100</a> Another reason for this vagueness -was that being precisely questioned the accused might -in his answers confine himself to the matter of those -questions, whilst where the inquiry was conducted -in vague, general terms, he might in his reply betray -matters or persons hitherto unsuspected.</p> - -<p>Obviously with the same end in view, the scholiast -<span class="pagenum" id="Page_174">174</span> -suggests that the accused be asked whether he knows -why he has been arrested, and whom he suspects -of having accused him; whilst as a means of instantly -testing whether he is an observer of his Catholic duties -the inquisitors are instructed to ask him who is his confessor -and when he was last at confession. The answer -of one who was secretly an apostate, or even who had -neglected to comply with his religious duties as prescribed, -must necessarily be enormously incriminating. -It would justify violent suspicion of heresy against him, -which has already been considered, together with its -consequences.</p> - -<p>Pegna further enjoins inquisitors to be careful that -they do not afford the accused any means of evading -their questions, and not to be imposed upon by protestations -or tears, heretics being, he assures them, of -an extreme cunning in dissembling their errors.</p> - -<p>Eymeric specifies ten different methods employed -by heretics to trick inquisitors. These are not of any -real importance, nor do they leave us in the least -convinced that any such ruses were actually employed. -They are obviously based upon an intimate acquaintance -with priestly guile rather than upon any -experience of the craftiness of actual heretics. They -may, in short, be said to be just such ruses as the -inquisitors themselves might employ if they found -the tables turned upon themselves and the heretic -sitting in the seat of justice.</p> - -<p>He urges the inquisitors to meet guile with guile: -“ut clavus clavo retundatur.” He justifies recourse -to hypocrisy and even to falsehood, telling the inquisitors -that thus they will be in a position to say: -“Cum essem astutus dolo vos cepi,” and to the ten -evasive methods which he asserts are adopted by -heretics, he bids their paternities oppose ten specified -rules by which to capture and entrap them.</p> - -<p>These rules and Pegna’s commentaries upon them -are worth attention for the sake of the intimate glimpse -they afford us of the mediæval ecclesiastical mind. -<span class="pagenum" id="Page_175">175</span></p> - -<p>The accused is to be compelled by repeated examinations -to return clear and precise answers to the -questions asked.</p> - -<p>If the accused heretic is resolved not to confess -his fault, the inquisitor should address him with great -sweetness (<i>blande et mansuete</i>), giving him to understand -that all is already known to the court, speaking -as follows:</p> - -<p>“Look now, I pity you who are so deluded in -your credulity, and whose soul is being lost; you are -at fault, but the greater fault lies with him who has -instructed you in these things. Do not, then, take -the sin of others upon yourself, and do not make -yourself out a master in matters in which you have -been no more than a pupil. Confess the truth to me, -because, as you see, I already know the whole affair. -And so that you may not lose your reputation, and -that I may shortly liberate and pardon you and you -may go your ways home, tell me who has led you—you -who knew no evil—into this error.”</p> - -<p>By similar kind words (<i>bona verba</i>), always imperturbable -(<i>sine turbatione</i>), let the inquisitor proceed, -assuming the main fact to be true and confining his -questions to the circumstances.</p> - -<p>Pegna adds another formula, which he says was -employed by Fr. Ivonet. Thus:</p> - -<p>“Do not fear to confess all. You will have thought -they were good men who taught you so-and-so; you -lent ear to them freely in that belief, etc.... You -have behaved with credulous simplicity towards people -whom you believed good and of whom you knew no -evil. It might very well happen to much wiser men -than you to be so mistaken.”<a id="FNanchor_101" href="#Footnote_101" class="fnanchor">101</a></p> - -<p>Thus was the wretch coaxed to self-betrayal, -caressed and stroked by the velvet glove that muffled -and dissembled the iron hand within.</p> - -<p>In the case of a heretic against whom the -witnesses have not supplied matter for complete -<span class="pagenum" id="Page_176">176</span> -conviction, let him be brought before the inquisitor -and let the inquisitor question him at random. -When the accused shall have denied something -(<i>quando negat hoc vel illud</i>) that has been put to -him, let the inquisitor take up the minutes of the -preceding examinations, turn the leaves and say:</p> - -<p>“It is clear that you conceal the truth; cease to -employ dissimulation.”</p> - -<p>Thus the accused may suppose that he is convicted, -and that the minutes supply proof against him.</p> - -<p>Or let the inquisitor hold a document in his hand, -and when the accused denies, let him feign astonishment -and exclaim:</p> - -<p>“How can you deny such a thing? Is it not clear -to me?” He will then peruse his document anew, -making changes, and then reading once more, let him -say, “I was right! Speak, then, since you perceive -that I know.”</p> - -<p>The inquisitor must be careful not to enter into -any details that might betray his ignorance to the -accused. Let him keep to generalities.</p> - -<p>If the accused persists in his denial, the inquisitor -may tell him that he is about to set out upon a journey -and that he doesn’t know when he will be returning. -Thus:</p> - -<p>“Look now, I pity you, and I wanted you to tell -me the truth, for I am anxious to expedite the affair -and yourself. But since you are obstinate in refusing -to confess, I must leave you in prison and in irons -until I return; and I am sorry, because I do not know -when I shall return.”</p> - -<div id="i_176" class="figcenter"> -<img src="images/i_176.jpg" alt="" /> -<p class="small"><i>Photo by Donald Macbeth.</i></p> - -<p class="caption">TOLEDO.<br /> -From Colmenar’s “Délices d’Espagne.”</p> -</div> - -<p>If the accused persists in denial, let the inquisitors -multiply examinations and questions; then either the -accused will confess, or (becoming confused) will contradict -himself. If he contradicts himself that will -suffice to put him to torture, that thus the truth may -be extracted from his mouth. But frequent interrogations -should not be employed save with one of extreme -stubbornness, because to frequent questions upon the -<span class="pagenum" id="Page_177">177</span> -same matter it is easy to obtain variable answers; there -is hardly anybody who would not be surprised into -a contradiction.</p> - -<hr class="tb" /> - -<p>Here we have a glimpse of the extraordinary -flexibility of the inquisitorial conscience. The letter -of the law must ever be observed in all proceedings; -but its spirit must by all means be circumvented -where it is expedient to do so. Certain conditions, -presently to be examined, must be present before an -accused could be put to torture. One of these was -that under examination he should contradict himself. -This rule they scrupulously observed; but they had -no qualms on the score of bringing about the requisite -condition by a trick—of compelling the accused to -contradict himself by repeated questions upon the -same subject. And Eymeric himself admits that -hardly anybody could avoid varying in his answers -under such a test.</p> - -<p>It may be uncharitable to suppose that the last -paragraph of this rule is intended as a hint rather -than as the warning it pretends to be. But it is a -suspicion which the further consideration of the inquisitorial -conscience must inspire in every thoughtful -mind. It is so much of a piece with the inquisitors’ -extraordinary attitude towards the letter of the law to -proceed in that way.</p> - -<p>If the accused still persists in denial, the inquisitor -should now soften his conduct; let him -contrive that the prisoner has better food, and that -worthy people visit him and win his confidence; these -shall then advise him to confess, promise that the -inquisitor will pardon him (<i>faciet sibi gratiam</i>), and -that they themselves will act as mediators.</p> - -<p>The inquisitor himself may in the end go so far as -to join them, and promise to accord grace (<i>i.e.</i> pardon) -to the accused, and grant him this grace in effect, -since all is grace that is done in the conversion of -heretics; penances being themselves graces and remedies. -<span class="pagenum" id="Page_178">178</span> -When the accused, having confessed his -crime, demands the promised “grace,” let him be -answered in general terms that he shall receive even -more than he could ask, so that the whole truth may -be discovered and the heretic converted<a id="FNanchor_102" href="#Footnote_102" class="fnanchor">102</a>—“and his -soul saved, at least,” adds Pegna.<a id="FNanchor_103" href="#Footnote_103" class="fnanchor">103</a></p> - -<p>Thoroughly to appreciate the deliberate duplicity -here practised, it is necessary to take into account the -double or even treble meaning of the term grace—“gratia”—employed -by Eymeric, and having in -Spanish (<i>i.e.</i> its equivalent “gracia”) precisely the -same meanings as in Latin.</p> - -<p>Although not so popularly used in these various -meanings, the English term “grace” can also signify -(<i>a</i>) the prerogative of mercy exercised as a complete -pardon, (<i>b</i>) the same prerogative exercised to relieve -part of the penalty incurred, or (<i>c</i>) a state of acceptance -with God.</p> - -<p>The accused was deliberately led to suppose that -“gratia” was employed in the sense of a complete -pardon. It remained with the inquisitor to quiet his -conscience for this <i>suggestio falsi</i> by preferring the -letter to the spirit of his promise; he would enlighten -the accused that by “grace” no more was meant than -a remission of part of the penalty incurred (an insignificant -remission usually), or even that all that -he had in mind was the grace of divine favour into -which his soul would enter—so that this might be -saved at least, as Pegna explains.</p> - -<p>Pegna has a good deal more to say on the same -subject, and all of it is extremely interesting.</p> - -<p>He propounds the questions: “May an inquisitor -employ this ruse to discover the truth? If he enters -into such a promise is he not obliged to keep it?” By -this latter question he means, of course, the promise -to pardon which the prisoner was given to understand -was made him. -<span class="pagenum" id="Page_179">179</span></p> - -<p>He proceeds to tell us that Dr. Cuchalon decided -the first of these questions by approving the use of -dissimulation, justifying it by the instance of Solomon’s -judgment between the mothers.</p> - -<p>It really seems as if there is nothing that theologians -cannot justify by inversion, subversion, or -perversion of some precedent (more or less apocryphal -in itself) to suit their ends.</p> - -<p>The scholiast himself agrees with the reverend -doctor, and considers that although jurisconsults may -disapprove of such methods in civil courts, it is quite -fit and proper to use them in the courts of the Holy -Office; explaining that the inquisitor has ampler -powers than the civil judge [which seems to be an -extraordinary reason for justifying his abuse of them].</p> - -<p>Thus, Pegna pursues, in this edifying treatise upon -the uses of hypocrisy, provided that the inquisitor does -not promise the offender absolute impunity, he may -always promise him “grace” (which by the offender -is taken to signify “absolute impunity”) and keep his -promise by diminishing somewhat the <i>canonical</i> pains -that depend upon himself.</p> - -<p>In actual practice this would mean that a heretic -who has incurred the stake may be promised pardon -if he will confess to the sins of which it is necessary -to convict him before he can be burnt. And when, -having confessed and delivered himself into the hands -of the inquisitor, he claims his pardon, he is to be -satisfied with the answer that the pardon meant was -pardon for his sins—absolution, that his soul may be -saved when they burn his body.</p> - -<p>On the score of the second question propounded -by the scholiast—“If the inquisitor enters into such a -promise is he not obliged to keep it?”—he answers it -by telling us that many theologians do not consider -there is any such obligation on the part of the -inquisitor. This attitude they explain by urging that -such a fraud is salutary and for the public good; and, -further, that if it is licit to extract the truth by torture, -<span class="pagenum" id="Page_180">180</span> -it is surely much more so to accomplish it by dissimulation—<i>verbis -fictis</i>.</p> - -<p>This is the general but by no means the universal -opinion, we gather. There are some writers who are -opposed to it. And now the scholiast becomes more -extraordinary still. Hear him:</p> - -<p>“These two divergent opinions may be reconciled -by considering that whatever promises the inquisitors -make, they are not to be understood to apply to -anything beyond the penalties whose rigour the -Inquisition has the right to lessen—namely, canonical -penances, and not those by law prescribed.”</p> - -<hr class="tb" /> - -<p>He writes this knowing that these promises are -understood by the prisoner to mean something very -different—that the prisoner is desired so to understand -them, made so to understand them.</p> - -<p>The honesty of Pegna’s reasoning is not to be -suspected. He is not an apologist of the Holy Office -writing for the world in general, and employing bad -arguments perforce because he must make the best of -the only ones available, even though he should lapse -into suspicion of bad faith. He is writing, as a preceptor, -for the private eye of the inquisitor. Therefore -we can only conclude that these learned casuists -who plunge into such profundities of thought and -pursue such labyrinthine courses of reasoning had -utterly failed to grasp the elementary moral fact that -falsehood does not lie in the word uttered, but in the -idea conveyed.</p> - -<p>“However little,” he continues, in the course of -polishing this gem of casuistry, “may be the remission -granted by the inquisitor, it will always be sufficient to -fulfil his promise.”</p> - -<p>You see what a stickler he is for the letter of the -law. You shall see a good deal more of the same sort -of thing before we have gone much further.</p> - -<p>But here the scholiast begins to labour. His -conscience is stirring; possibly a ray of doubt penetrates -<span class="pagenum" id="Page_181">181</span> -his gloomy confidence that right is wrong and -wrong is right. And so, we fancy, to quiet these -uneasy stirrings comes the last paragraph on this -subject:</p> - -<p>“However, for greater safety of conscience, -inquisitors should make no promises save in very -general terms, and never promise more than they can -fulfil.”<a id="FNanchor_104" href="#Footnote_104" class="fnanchor">104</a></p> - -<hr class="tb" /> - -<p>There is one more of Eymeric’s ruses for combating -the guile of stubborn heretics:</p> - -<p>Let the inquisitor obtain an accomplice of the -accused, or else a person esteemed by the latter and -in the inquisitor’s confidence, and engage him to talk -often to the accused and extract his secret from him. -If necessary, let this person pretend to be of the same -heretical sect, to have abjured through fear, and to -have declared all to the inquisitor.</p> - -<p>Then one evening, when the accused shall have -gained confidence in this visitor, let the latter -remain until he can say that it is too late to return -home and that he will spend the night in the prison. -Let persons be suitably placed to hear the conversation -of the accused and if possible a notary to take down -in writing the confessions of the heretic, who should -now be drawn by the spy into relating all that he has -done.</p> - -<hr class="tb" /> - -<p>Upon this subject Pegna moralizes<a id="FNanchor_105" href="#Footnote_105" class="fnanchor">105</a> for the benefit -of the spy, pointing out how the latter may go about -his very turpid task without involving himself in -falsehood or besmirching in the least the delicate, -sensitive soul that we naturally suppose must animate -him.</p> - -<hr class="tb" /> - -<p>“Be it noted that the spy, simulating friendship -and seeking to draw from the accused a confession of -his crime, may very well pretend to be of the sect of -<span class="pagenum" id="Page_182">182</span> -the accused, but” [mark the warning] “he must not -say so, because in saying so he would at least commit -a venial sin, and we know that such must not be -committed upon any grounds whatever.”</p> - -<hr class="tb" /> - -<p>Thus the scholiast. He makes it perfectly clear -that a man may simulate friendship for another for -the purpose of betraying that other to his death; that -to make that betrayal more certain he may even -pretend to hold the same religious convictions; all -this may he do and yet commit no sin—not even a -venial sin—so long as he does not actually clothe his -pretence in words. What a store the casuist sets by -words!</p> - -<p>It is just such an argument as Caiaphas might -have employed with Judas Iscariot one evening in -Jerusalem.</p> - -<p>It is a cherished thesis with apologists of the -Holy Office that in its judicial proceedings it did -neither more nor less than what was being done in -its day in the civil courts; that if its methods were -barbarous—if they shock us now—we are to remember -that they were the perfectly ordinary judicial methods -of their time.</p> - -<p>But there was no secular court in Europe in the -fifteenth century—steeped as that century was in -dissimulation and bad faith—that would not have -scorned to have made such dishonourable and dishonouring -methods as these an acknowledged, -regular and integral part of its procedure.</p> - -<p>Pegna himself reveals the fact, when he finds it -necessary further to justify these practices precisely -because they were not in use in the civil courts:</p> - -<p>“Perchance the authority of Aristoteles—who out -of the bosom of Paganism condemned all manner of -dissimulation—may be opposed to us, as well as that -of the jurisconsults who disapprove of artifices of -which judges may make use to extract the truth. -But there are two forms of artifice: one addressed -<span class="pagenum" id="Page_183">183</span> -to an evil end, which must not be permitted; the -other aiming at discovering truth, which none could -blame.”<a id="FNanchor_106" href="#Footnote_106" class="fnanchor">106</a></p> - -<hr class="tb" /> - -<p>When confession has been obtained it would be -idle, Eymeric points out, to grant the delinquent a -defence. “For although in civil courts the confession -of a crime does not suffice without proof, it suffices -here.” The reason advanced for this is as specious -as any in the “Directorium”: “Heresy being a sin -of the soul, confession may be the only evidence -possible.”</p> - -<p>Where an advocate was granted to conduct the -defence of an accused, we have seen in Art. XVI -of Torquemada’s “Instructions” that he was under the -obligation to relinquish such defence the moment he -realized the guilt of his client, since by canon law an -advocate was forbidden to plead for a heretic in any -court, civil or ecclesiastical, or in any cause whatsoever—whether -connected with heresy or any other -matter.</p> - -<p>On the subject of witnesses, it should be added to -what already has been said in the previous chapter -that the Inquisition, whilst admitting the testimony -of any man, even though he should be excommunicate -or a heretic, so long as such testimony was adverse to -the accused, refused to admit witnesses for the defence -who were themselves tainted with heresy.</p> - -<p>Since to bear witness in defence of a person -charged with heresy might result in the witness -himself becoming suspect, it will be understood that -witnesses for the defence were not easily procured by -the accused. -<span class="pagenum" id="Page_184">184</span></p> - -<h2 id="CHAPTER_XII">CHAPTER XII<br /> - -<span class="medium">THE JURISPRUDENCE OF THE HOLY OFFICE—THE -AUDIENCE OF TORMENT</span></h2> - -<p>Eymeric’s cold-blooded directions for leading an -accused who refused to confess into contradictions -that should justify his being put to torture have -already been considered.</p> - -<p>The inquisitors could not proceed to employ the -question—as the torture was euphemistically called—save -under certain circumstances prescribed by law; -and the strict letter of the law, as you have seen, and -as you shall see further, was a thing inviolable to -these very subtle judges.</p> - -<p>These circumstances, as expounded by Eymeric in -his “Directorium,”<a id="FNanchor_107" href="#Footnote_107" class="fnanchor">107</a> are (<i>a</i>) the inconsistence of the -accused’s replies upon matters of detail whilst denying -the main fact; (<i>b</i>) the existence of semi-plenal proof -of his offence.</p> - -<p>This semi-plenal proof is considered forthcoming—</p> - -<blockquote> - -<p>(<i>a</i>) When an accused is “reputed” to be a -heretic and there is but one witness against him -who can depone to having seen or heard him do -or say that which is against the Faith. (Two -witnesses were by law required to establish his -guilt.)</p> - -<p>(<i>b</i>) When in the absence of witnesses there -are grounds for vehement or violent suspicion.</p> - -<p>(<i>c</i>) When there is no evil “reputation” -<span class="pagenum" id="Page_185">185</span> -attaching to the accused, but one witness against -him and <i>grounds</i> for vehement or violent suspicion—<i>i.e.</i> -not actual suspicion but indications -of it; a suspicion of suspicion, as it were. The -distinction is most elusively fine.</p></blockquote> - -<p>The scholiast Pegna adds in his commentaries that -this combination of “reputation” (or grounds for -suspicion) and one witness is not necessary to justify -submitting the accused to the question—</p> - -<blockquote> - -<p>(<i>a</i>) When to evil reputation are added evil -morals, which lead easily to heresy—thus those -who are incontinent and very greatly addicted to -women persuade themselves that this incontinence -is not in itself a sin. (Such an opinion if proclaimed -would amount to heresy, therefore one -who acts as if he held it lays himself open to -suspicion of heresy.)</p> - -<p>(<i>b</i>) When the accused who has incurred evil -reputation shall have fled. (The circumstance of -his flight is accepted as evidence of evil conscience.)<a id="FNanchor_108" href="#Footnote_108" class="fnanchor">108</a></p></blockquote> - -<p>Eymeric further enjoins that the question shall -be employed only when all other means of obtaining -the truth shall have failed, and he recommends the -use of exhortation, gentleness, and ruse to draw the -truth from the prisoner.<a id="FNanchor_109" href="#Footnote_109" class="fnanchor">109</a></p> - -<p>He observes that, after all, not even the torture -can be depended upon always to extract the truth. -There are weak men who under the first torments -confess even what they have not done; and there are -others so stubborn and vigorous that they can suffer -the greatest pains; there are those who having already -undergone torture are able to endure it with greater -fortitude, knowing how to adapt themselves to it; and -there are others still who, by having recourse to -<span class="pagenum" id="Page_186">186</span> -sorcery, remain almost insensible to the pain and -would die before divulging anything.</p> - -<p>These last, he warns inquisitors, use passages -from the Gospel curiously inscribed upon virgin -parchment, intermingling in these the names of angels -that are unknown, designs of circles, and magic -characters. These charms they bear about their -bodies.</p> - -<p>“I don’t yet know,” he confesses, “what remedies -are available against these sorceries; but it will be -well to strip and closely to examine the patient before -putting him to the question.”</p> - -<p>He recommends that when the accused has been -sentenced to torture, and whilst the executioners are -making ready to perform it, the inquisitor should continually -endeavour to induce the accused to confess. -The torturers should strip him with precipitation, but -with a sorrowful air and almost as if troubled for him -(<i>quasi turbati</i>). When stripped, he should be taken -aside and once more exhorted to confess. His life -may be promised him, provided that the crime of -which he is accused is not such as to make it forfeit.</p> - -<p>If all proves vain the inquisitor shall proceed to -the question, beginning by interrogating him upon the -more trivial matters of which he is accused, as he -would naturally acknowledge these more readily (and -when acknowledged they can be made the stepping-stones -to more), the notary being at hand to write -down all that is asked and answered.</p> - -<p>If he persists in his denials he is to be shown -further implements of torture, and assured that he will -have to undergo them all unless he speaks the truth.</p> - -<p>If he still denies, the question may be <i>continued</i> -on the second or third day, but not <i>repeated</i>.</p> - -<p>Here again we have them observing the letter and -flagrantly violating the spirit of the law. Torture -must not be repeated because it is by law forbidden -to put an accused to the question more than once, -unless in the meantime fresh evidence has been -<span class="pagenum" id="Page_187">187</span> -forthcoming; but it is not forbidden to continue it—not -forbidden because those who formulated that law -never dreamt of such a quibble being raised.</p> - -<p>It is almost incredible that men should juggle with -words in this way. But here is the passage itself:</p> - -<p>“Ad continuandum non ad iterandum, quia iterari -non debent, nisi novis supervenientibus indiciis, sed -continuari non prohibentur.”</p> - -<p>Lest they should be in danger of having to repeat -the torture, they took care to suspend it as soon as the -patient was at the limit of his endurance, and merely -resumed or continued it two or three days later, to -suspend again and continue again as often as they -might deem necessary.</p> - -<p>That it can have made no difference to the wretched -patient whether they described the procedure by one -verb or the other does not appear to have weighed -with them. There was a difference—an important -verbal difference.</p> - -<hr class="tb" /> - -<p>Upon this point the apologist Garcia Rodrigo, in -his “Historia Verdadera de la Inquisicion,” very -daringly draws attention to the meekness of the courts -of the Inquisition as compared with the civil tribunals. -He contrasts the methods of the two, and to make out -a case in favour of the former, to prove to us that -those who preached a gospel of mercy knew also how -to practise mercy, he tells us, rather disingenuously, -that whilst in civil courts a prisoner might be ordered -three times to the torture, in the courts of the Inquisition -this could not be imposed upon him more than -once—<i>its rules forbidding repetition</i>.</p> - -<p>He does not consider it worth while to add that the -“Directorium” in which he found that rule points out, -as we have seen, how it may be circumvented</p> - -<p>It is much easier to set up a case for the other side, -to show that the greater mercy in the matter of torture -was practised by the secular courts. In these, for -instance, a nobleman was immune from torture. Not -<span class="pagenum" id="Page_188">188</span> -so in the courts of the Inquisition, which proceeded, -no doubt, upon the grounds that all are equals in the -sight of God. No exception was made there in favour -of any man. And in Aragon, where the torture -was never applied in civil trials, it was none the less -resorted to by the inquisitors.</p> - -<hr class="tb" /> - -<p>When the accused shall have endured torture without -confessing, the inquisitors may order his release -by sentence, stating that after careful examination they -are unable to find anything against him on the score -of the crime of which he is accused—which, of course, -is no acquittal, since he may at any time be re-arrested -and put upon his trial once more.</p> - -<p>In his commentaries Pegna tells us<a id="FNanchor_110" href="#Footnote_110" class="fnanchor">110</a> that there are -five degrees of torture. He does not mention them -in detail, saying that they are sufficiently well known -to all. These five degrees are given in Limborch.<a id="FNanchor_111" href="#Footnote_111" class="fnanchor">111</a></p> - -<p>The first four are not so much torture as terror—or -mental torture; it is only in the fifth degree that this -becomes physical. The conception is of an almost -fiendish subtlety; and yet its aim, we must believe, -was merciful, since they accounted it more merciful to -torture and terrify the mind than to bruise the flesh.</p> - -<p>Eymeric’s directions are the basis of this, although -Eymeric himself does not break up the procedure into -degrees. These are:</p> - -<blockquote> - -<p class="hang">(1) The threat of torture.</p> - -<p class="hang">(2) Being conducted to the torture-chamber and -shown the implements and their functions.</p> - -<p class="hang">(3) Stripping and preparing for the ordeal.</p> - -<p class="hang">(4) Laying and binding upon the engine.</p> - -<p class="hang">(5) The actual torture.</p></blockquote> - -<p>The actual torture was of various kinds, any of -which the inquisitor might employ as he considered -most suitable and effective, but Pegna admonishes him -<span class="pagenum" id="Page_189">189</span> -not to resort to unusual ones. Marsilius, the scholiast -informs us, mentions fourteen different varieties, and -adds that he had imagined others, such as that of -depriving a prisoner of sleep. In this he appears to -have received the approval of other authors, but he -does not receive Pegna’s. Even the scholiast is -shocked at an ecclesiastic’s fertility of invention in this -branch, and confesses that such researches are better -suited to executioners than theologians.</p> - -<p>It must be admitted that the records show none of -that fiendish invention which is so widely believed to -have been exercised. The cruel subtleties of the -inquisitors were spiritual rather than physical, and we -have just seen Pegna’s censure of an inquisitor who -gave his attention to the devising of novel and ingenious -torments.</p> - -<p>It is very clear, from the records we have, that the -Holy Office must have been content to depend upon -the engines already in existence, or, rather, upon a -limited number of the most efficacious. There were -exceptions, of course. The torture of fire—which -consisted in toasting the feet of the patient after anointing -them with fat—appears upon rare occasions to -have been employed; and a barbarous piece of supererogative -cruelty was practised at a great Auto de Fé -held at Valladolid in 1636: ten Jews convicted of -having whipped a crucifix were made to stand with -one hand nailed to an arm of a St. Andrew’s cross -whilst sentence of death was being read to them.</p> - -<p>As a rule, however, both in torturing and in punishing -the inquisitors avoided novelties. For the question -they usually resorted to one of three methods: the -rack; the <i>garrucha</i>, which is the torture of the hoist, -the <i>tratta di corda</i> of the Italians; and the <i>escalera</i>, -or <i>potro</i>, or ladder, or water torture.</p> - -<p>The inquisitors attended in person—as prescribed -by Torquemada—to question the patient, accompanied -by their notary, who wrote down in fullest detail an -account of the proceedings. -<span class="pagenum" id="Page_190">190</span></p> - -<p>The hoist was the simplest of all engines; it consisted -of no more than a rope running through a pulley -attached to the ceiling of the torture-chamber.</p> - -<p>The patient’s wrists were pinioned behind him, and -one end of the rope was attached to them. Slowly -then the executioners drew upon the other end, -gradually raising the patient’s arms behind him as far -as they would go, backwards and upwards, and continuing -until they brought him to tip-toe and then slowly -off the ground altogether, so that the whole weight of -his body was thrown upon his straining arms.</p> - -<p>At this point he was again questioned and desired -to confess the truth.</p> - -<p>If he refused to speak, or if he spoke to no such -purpose as his questioners desired, he was hoisted -towards the ceiling, then allowed to drop a few feet, -his fall being suddenly arrested by a jerk that almost -threw his arms out of their sockets. Again was the -question put, and if he continued stubborn he was -given a further drop, and so on until he had come to -the ground once more, or until he had confessed. If -he reached the ground without confessing, weights -were now attached to his feet, thus increasing the -severity of the torture, which was resumed. And so it -continued. The weights were increased, the drops -were lengthened—or else he might be left hanging—until -confession was extracted, or until with dislocated -shoulders the patient had reached the limit of his -endurance.<a id="FNanchor_112" href="#Footnote_112" class="fnanchor">112</a></p> - -<p>In the latter case the torture might be suspended, -as we have seen, to be continued two or three days -later, when the prisoner should sufficiently have -recovered.</p> - -<p>The notary made a scrupulous record of the -<i>audiencia</i>—the weights attached, the number of hoists -endured, the questions asked and the answers delivered. -<span class="pagenum" id="Page_191">191</span></p> - -<p>The potro, or water-torture, was more complex, -far more cruel, and appears to have been greatly -favoured by the Holy Office.</p> - -<p>The patient was placed upon a short narrow -engine, in the shape of a ladder, and this was slanted -a little so that his head was below the level of his feet, -for reasons that will soon be apparent. His head was -now secured by a metal or leather band which held it -rigidly in position, whilst his arms and legs were lashed -to the sides of the ladder so tightly that any movement -on his part must cause the whipcord to cut into his -flesh.</p> - -<p>In addition to these bindings garrotes were applied -to his thighs and legs and arms. This was a length -of cord tied firmly about a limb—upon occasion round -the whole torso over the arms; a stick was thrust -between the cord and the flesh, and by twisting this -stick a tourniquet was formed; first strangury, then -the most agonizing pain was thus occasioned, whilst if -the twisting was carried far enough the cords would -sink through nerve and sinew until they reached the -bone.</p> - -<p>The mouth of the patient was now distended and -held so by a prong of iron—called a <i>bostezo</i>. His -nostrils were plugged, and a long strip of linen was -placed across his jaws, and carried deep into his throat -by the weight of water poured into his gaping mouth. -Down this <i>toca</i>—as the strip was called—water continued -to be slowly poured. As this water filtered -through the cloth, the patient was subjected to all the -torments of suffocation, the more cruel because he was -driven by his instincts to make futile efforts to ease -his condition. He would constantly exert himself to -swallow the water, hoping thus to clear the way for a -little air to pass into his bursting lungs. A little would -and did pass in—just enough to keep him alive and -conscious, but not enough to mitigate the horrible -sufferings of asphyxiation, for the cloth was always -wet and constantly charged with water. -<span class="pagenum" id="Page_192">192</span></p> - -<p>From time to time the <i>toca</i> was brought up, and -the gasping wretch would be invited to confess. -Further to combat stubbornness on his part, and also, -it would seem, to revive him when he was failing, the -executioners would give an agonizing turn or two to -the garrotes upon his—or her—limbs; for the Holy -Office did not discriminate between the sexes in these -matters.</p> - -<p>To prevent the vomiting which any form of -torture might produce, and the <i>potro</i> in particular, the -inquisitors, with their never-failing attention to detail, -provided that no patient should be given food for -eight hours before the question was applied. The -notary present at this <i>audiencia de tormento</i> was -required to set down, in addition to questions asked -and answers returned, the fullest details of the torture -applied, and particularly how many jars of water were -administered, these being the measure of the severity -of the ordeal.<a id="FNanchor_113" href="#Footnote_113" class="fnanchor">113</a></p> - -<p>The rack is too well-known to need describing -here, having in its time been used in all European -countries. Cruel as it was, it was perhaps one of -the least cruel engines of torture that have been -employed.</p> - -<hr class="tb" /> - -<p>It was required by law that any confession extracted -under torture should afterwards be ratified by -the prisoner. This was one of the prescriptions -of Alfonso XI in the Partidas code. It recognizes -that a man might be driven by pain to say that -which is not true, and therefore it forbids the courts -to accept as evidence what might be declared under -torture.</p> - -<p>Therefore on one of the three days after the -question had been applied—as soon, presumably, as -the prisoner was sufficiently recovered to attend—the -prisoner was brought once more into the audience-chamber. -<span class="pagenum" id="Page_193">193</span></p> - -<p>His confession, reduced to writing by the notary, -was placed before him, and he was invited to sign -it—the act being necessary to convert that confession -into admissible evidence. If he signed, the proceedings -now ran swiftly and uninterruptedly to their -end. If he refused to sign, repudiating the statements -made, the inquisitors proceeded upon the lines laid -down by Torquemada in Article XV of his “Instructions” -to meet the case.</p> - -<hr class="tb" /> - -<p>Pegna warns inquisitors against delinquents who -feign madness to avoid the torture. They should not, -he says, delay on that account, for the torture may be -the best means of ascertaining whether the madness -is real or simulated.<a id="FNanchor_114" href="#Footnote_114" class="fnanchor">114</a></p> - -<p>Finally let it be added upon this gruesome subject -that it was not only the accused who was liable to be -put to the question. A witness suspected of falsehood, -or one who had lapsed into contradictions in the -course of his evidence, might be put to torture <i>in -caput alienum</i>.<a id="FNanchor_115" href="#Footnote_115" class="fnanchor">115</a> -<span class="pagenum" id="Page_194">194</span></p> - -<h2 id="CHAPTER_XIII">CHAPTER XIII<br /> - -<span class="medium">THE JURISPRUDENCE OF THE HOLY OFFICE—THE -SECULAR ARM</span></h2> - -<p>The comparatively light sentences imposed upon those -who came forward to abjure heresies which they were -suspected of harbouring, and upon those who submitted -to canonical purgation to cleanse them of “evil -reputation,” have already been considered.</p> - -<p>It remains to be seen how the Holy Office dealt -with <i>negativos</i>—<i>i.e.</i> those who persisted in refusal -to confess a first offence of heresy or apostasy after -their guilt had been established to the satisfaction of -the court—and with <i>relapsos</i>—<i>i.e.</i> those who were -convicted of having relapsed into error after once -having been penanced and pardoned.</p> - -<p>Offenders in either of these two classes were to -be abandoned to the secular arm—the ecclesiastical -euphemism for death by fire. The same fate also -awaited impenitent heretics and contumacious heretics.</p> - -<p>He who after having been convicted by sufficient -witnesses persisted in denying his guilt should, says -Eymeric, be abandoned to the secular arm upon the -ground that he who denies a crime which has been -proved against him is obviously impenitent.<a id="FNanchor_116" href="#Footnote_116" class="fnanchor">116</a></p> - -<p>The impenitence is by no means obvious. It is -possible, after all, that the accused might deny because -he was innocent and a good Catholic. And whilst, -as we shall see, this possibility is not altogether -ignored, yet it is given very secondary consideration. -<span class="pagenum" id="Page_195">195</span> -It was the inquisitor’s business to assume the guilt of -any one brought before him.</p> - -<p>It is true, however, that Eymeric urges the inquisitors -to proceed very carefully in the examination of -the witnesses against such a man; he recommends -them to give the accused time in which to resolve -himself to confess, and to employ every possible means -to obtain such confession.</p> - -<p>He counsels them to confine the prisoner in an -uncomfortable dungeon, fettered hand and foot; there -to visit him frequently and exhort him to confess. -Should he ultimately do so, he is to be treated as a -penitent heretic<a id="FNanchor_117" href="#Footnote_117" class="fnanchor">117</a>—in other words he is to escape the -fire but suffer perpetual imprisonment.</p> - -<p>The term perpetual imprisonment, or perpetual -immuration, is not to be accepted too literally. It -lay at the discretion of the inquisitors to modify and -commute part of such sentences, and this discretion -they exercised so far as the imprisonment was concerned. -But the confiscation of the prisoner’s property -and the infamy attaching to himself, his children, and -his grandchildren—by far the heavier part of the -punishment—could not in any way be commuted.</p> - -<p>However tardily confession might come from the -<i>negativo</i>, the inquisitors must accept and recognize it. -Even if he were already bound to the stake, and, at -last, being taken with the fear of death, he turned to -the friar who never left him until the faggots were -blazing, admitted his guilt and offered to abjure his -heresy, his life would be spared. And this for all -that they recognized that a confession in such extremes -was wrung from him by “the fear of death rather than -any love of truth.”</p> - -<p>It must naturally occur to any one that, conducted -in secret as were the examinations of the witnesses, -and no opportunity being afforded the accused of -demolishing the evidence offered against him, since he -was rarely informed of its extent, many a good Catholic, -<span class="pagenum" id="Page_196">196</span> -or, at least, many a man innocent of all heretical -practices, must have gone to his death as a <i>negativo</i>. -For the methods of the Holy Office opened the door -extraordinarily wide to malevolence; and human nature -being such as it is—and such as it was in the fifteenth -century—it is not to be supposed that malevolence -never seized the chance, that it never slunk in through -that gaping door to vent itself in such close and -sheltered secrecy—to strike in the back, in the dark, -with almost perfect immunity to itself, at the man -who was hated, or envied, or whom it was desired to -supplant.</p> - -<p>It was not sufficient for the prisoner to protest -his innocence. He must prove it categorically. An -innocent man might be unable to furnish categorical -proof; witnesses for the defence were extremely -difficult to obtain by one who was charged with heresy; -it was a dangerous thing to testify in favour of such a -man; should his conviction none the less follow, the -witness for the defence might find himself prosecuted -as a befriender, or <i>fautor</i>, of heretics. Yet, even when -testimony for the defence was obtained, the judges -leaned upon principle to the side of the accusers; and -since they considered it their mission to convict rather -than to judge, they would always assume that the -accusers were better informed than the defenders.</p> - -<p>Therefore this danger of death to the innocent -existed. The inquisitors themselves did not lose sight -of it, for they lost sight of nothing. But how did -they provide for it? Pegna has a great deal to say -upon the subject. He tells us that some authorities -pretend that when a <i>negativus</i> protests that he staunchly -believes all that is taught by the Roman Catholic -Church such a man should not be abandoned to the -secular arm.</p> - -<p>But this is an argument mentioned by the scholiast -merely that he may demolish it. It is indefensible, he -says with confidence; and, as indefensible, it is almost -universally rejected. -<span class="pagenum" id="Page_197">197</span></p> - -<p>Torquemada most certainly did not favour it. -He lays it down clearly in Art. XXIV of his first -“Instrucciones” that a <i>negativo</i> must be deemed -an impenitent heretic, however much he may protest -his Catholicism. The accused will not satisfy -the Church, which demands confession of his fault -solely that she may pardon it; and she cannot pardon -it until it is confessed. That is the inquisitorial view -of the matter.</p> - -<p>It is evident that the danger of occasionally burning -an innocent man did not perturb the inquisitorial mind. -In fact, Pegna reveals to the full the equanimity with -which it could contemplate such an accident.</p> - -<p>“After all,” says he, “should an innocent person -be unjustly condemned, he should not complain of the -sentence of the Church, which was founded upon -sufficient proof, and which cannot judge of what is -hidden. If false witnesses condemned him, he should -receive the sentence with resignation, and rejoice in -dying for the truth.”<a id="FNanchor_118" href="#Footnote_118" class="fnanchor">118</a></p> - -<p>He is also, we are to suppose, to rejoice with the -same lightheartedness at the prospect of his children’s -destitution and infamy.</p> - -<p>Anything, it seems, is possible to argument, and -the craziest argument may be convincing to him who -employs it. Pegna makes this abundantly clear.</p> - -<p>An innocent man might be tempted to save his -life by a falsehood, by making the desired confession; -and many a man may so have escaped burning. This -also the scholiast duly weighs. He propounds the -question whether a man convicted by false witnesses -is justified in saving his life by a confession of crimes -which he has not committed.<a id="FNanchor_119" href="#Footnote_119" class="fnanchor">119</a></p> - -<p>He contends that, reputation being an external -good, each is at liberty to sacrifice it to avoid torments -<span class="pagenum" id="Page_198">198</span> -that are hurtful, or to save his life, which is the most -precious of all possessions.</p> - -<p>In this contention the scholiast lacks his usual -speciousness. He has entirely overlooked that whether -an innocent man confesses or not, whether he is burnt -or sent to perpetual imprisonment, his reputation is -equally blasted. The inquisitors see to that. His -silence is interpreted as impenitence.</p> - -<p>But it is evident that Pegna himself is not quite -satisfied with what he urges. He vacillates a little. -Strong swimmer though he is, these swirling waters -of casuistry begin to give him trouble. He seems -here to turn in an attempt to regain the shore. “Who -thus accuses himself,” he concludes, “commits a venial -sin against the love which he owes himself and a falsehood -in confessing a crime which he has not committed. -This falsehood is particularly criminal when uttered to -a judge who examines juridically, for it then becomes -a mortal sin. And even though it were no more than -venial, it would not be permitted to commit it for the -sake of avoiding death or torture.”</p> - -<p>“Therefore,” he sums up, “however hard it may -seem for an innocent man condemned as a <i>negativus</i> -to die under such circumstances, his confessor must -exhort him not to accuse himself falsely, reminding -him that if he suffers death with resignation he will -obtain the martyr’s immortal crown.”</p> - -<p>In short, to burn at the stake for crimes never -committed is a boon, a privilege, a glory to be enjoyed -with a profound gratitude towards the inquisitors who -vouchsafed it. One cannot help a pang of regret at -the thought that the scholiast himself should have been -denied that glory.</p> - -<hr class="tb" /> - -<p>A person was considered <i>relapsus</i>—relapsed into -heresy—not only if, as in the case of the self-delator -who availed himself of the edict of grace, he had once -been pardoned an avowed heresy, but if he had -once abjured a heresy of which he had been suspected -<span class="pagenum" id="Page_199">199</span> -either vehemently or violently. And it was of no -account whether the heresy of which he was now -convicted was that particular one of which formerly -he had been suspected, or an entirely fresh one. -Moreover, to convict as a relapsed heretic one who -had already abjured, it was sufficient to show that he -held intercourse with heretics.</p> - -<p>Further, a person would be dealt with as <i>relapsus</i> -in the event of formal proof appearing that he had -actually committed the heresy which he had abjured -as suspect, although his conduct since abjuration -might have been entirely blameless. For it was -argued that these fresh proofs, although acquired -after abjuration, revealed the person’s real guilt, and -showed that he had been judged too leniently in -being allowed to abjure merely upon suspicion.<a id="FNanchor_120" href="#Footnote_120" class="fnanchor">120</a></p> - -<p>In fact, it was held that he had acted in bad faith -towards the inquisitors; that he had neglected to -confess his sin when he was given the opportunity; -that he had attempted to defraud the treasury of his -property, which was due to it by confiscation. Since -he had not made an open and complete confession, it -was argued that he was clearly an impenitent heretic, -for whom there could be no mercy—or only a very -slight one, as we shall see.</p> - -<p>Canonical purgation entailed the same sequel as -abjuration for one against whom proofs of heresy were -afterwards forthcoming. Thus, to quote an instance -given by Pegna: if a man should be suspected of -thinking that heretics should be tolerated, and if after -being canonically purged of the offence against the -Faith contained in that sentiment of which he was -suspected, it should be proved against him that his -acts or words had actually expressed that sentiment, -he must be considered a relapsed heretic.</p> - -<p>Torquemada further decreed that any who after -reconciliation should fail to fulfil the penance imposed -upon him, or any part of it, must be deemed relapsed. -<span class="pagenum" id="Page_200">200</span> -The argument, obviously, was that a neglect -of this penance showed a want of proper contrition, -which could only be explained in one way.</p> - -<hr class="tb" /> - -<p>A relapsed heretic, once his guilt was thoroughly -established, must be “abandoned to the secular arm,” -and this notwithstanding any repentance he might -manifest or any promises he might make for the future. -“<i>Sine audientia quacumque</i>,” says Eymeric.<a id="FNanchor_121" href="#Footnote_121" class="fnanchor">121</a> “In -effect,” adds his commentator, “it is enough that -such people should once have defrauded the Church -by false confession”<a id="FNanchor_122" href="#Footnote_122" class="fnanchor">122</a>—a statement this, diametrically -opposed to the injunction of the Founder of Christianity -on the score of forgiveness.</p> - -<p>All the mercy they vouchsafed a relapsed heretic -who confessed and expressed repentance was the mercy -of being strangled at the stake before his body was burnt.</p> - -<p>Eymeric instructs inquisitors to see that the prisoner -is visited and entertained on the subject of contempt -for this world, the miseries of this life and the joys of -Paradise. He should be given to understand that -there is no hope of his escaping temporal death, and -he should be induced to put the affairs of his conscience -in order. He is to be accorded the sacraments of -Penitence and the Eucharist if he solicits them with -humility. Further, the inquisitor is advised not to -visit him personally, lest the sight of him should excite -the sin of anger in the doomed man, and so turn him -from the sentiments of patience and penance which -are to be inspired in him.</p> - -<p>It would seem at least that the inquisitors had no -delusions as to the sentiments which the sight of them -inspired in their victims, just as it seems that they -were able to endure these with Christian resignation—perhaps -even with that sense of martyrdom of him -who accounts himself misunderstood or misjudged.</p> - -<p>After some days thus employed in preparing the -prisoner for death, the inquisitor should advise the -<span class="pagenum" id="Page_201">201</span> -secular justices of the day and hour and place when -and where he would abandon to them a heretic. At -the same time an announcement should be made to -the people inviting them to attend, as the inquisitor is -to preach a sermon of the Faith, and those who are -present will gain the usual indulgences.<a id="FNanchor_123" href="#Footnote_123" class="fnanchor">123</a></p> - -<p>It is not necessary at present to enter into particulars -of the dread ceremonial, the ghastly, almost -theatrical, solemnities that went to compose the -greatest horror that has sprung from the womb of -Christianity: the Auto de Fé.</p> - -<p>“An Asiatic,” says Voltaire, “arriving in Madrid -on the day of an Auto de Fé, would doubt whether -here was a festival, a religious celebration, a sacrifice, -or a massacre. It is all of these. They reproach -Montezuma with sacrificing human captives to God. -What would he have said had he witnessed an Auto -de Fé?”<a id="FNanchor_124" href="#Footnote_124" class="fnanchor">124</a></p> - -<p>Occasion to enter into these details will occur later. -We are more concerned at the moment with the words -of the inquisitors than with their acts, and it is necessary -on the subject of the laws that governed the Auto -de Fé to touch upon quite the most extraordinary of -all the quibbles by means of which the Holy Office -avoided—in the letter—committing an irregularity.</p> - -<p>Nothing in the whole of its jurisprudence savours -more rankly of hypocrisy than this matter of abandoning -a heretic to the secular arm. It is the very last -word in that science which it is the fashion to call -“Jesuitism,” but which we think might quite as aptly -and justly be termed “Dominicanism.” Yet it would -be very rash to say that these men were prompted by -conscious hypocrisy. Such is certainly not the inference -to be drawn from their jurisprudence. Stupidity—the -stupidity of the man of one idea, of the man who -is able to perceive but one thing at a time—was, rather -than hypocrisy, responsible for what they did. -<span class="pagenum" id="Page_202">202</span></p> - -<p>They were imbued with a passion for formality, -for procedure that should be scrupulously correct, -scrupulously in accordance with the letter of the law; -and they justified their circumvention, their perversion -of its spirit, with crazy arguments that must at least -have been convincing to themselves, obfuscated as -they were by the fanaticism that bubbled through their -extraordinary intelligences.</p> - -<p>We say that these arguments must have been convincing -to themselves, because we find them in books -that were never intended to be perused by any but -inquisitors and ecclesiastics. Since these books were -never meant to be placed before the world, no suspicion -can attach to them of having deliberately and hypocritically -resorted to sophistries for the purpose of -hoodwinking the lay mind.</p> - -<p>It was themselves they hoodwinked—by the arguments -they themselves conceived—and although it is -undeniable that they practised a deception which must -provoke the scorn of every thoughtful man, yet it -must be remembered that this deception was the self-deception -that lies in wait for every fanatic, whatever -the subject of his fanaticism. By staring too long and -too intently at one object, that object itself becomes -blurred and indistinct.</p> - -<p>“<i>Ecclesia abhorret a sanguine.</i>”</p> - -<p>That was the principle that governed them. Conceive -it!</p> - -<p>The tenet that a Christian must not be guilty of -shedding blood or causing the death of a fellow-creature -has been touched upon more than once in these pages. -It has been seen how in the very dawn of Christianity -the Christian’s refusal to bear arms in the service of -the State gave rise to friction with the Roman authorities, -and, being construed into insubordination, was -one of the causes of the persecutions to which Christians -were subjected in the first and second centuries. -As time went on, under stress of the necessities of this -world, the Christian was forced to abandon that fine -<span class="pagenum" id="Page_203">203</span> -and loftily humanitarian ideal. Soon he had not only -abandoned it under pressure of expediency, but he had -forgotten it altogether; so that he donned the cross of -the crusader, and went forth sword in hand, exultantly, -to shed the blood of the infidel in the name of that -tender Founder Whose disciple had brought to Rome -the great Message of Forbearance.</p> - -<p>But however much it might be accounted justifiable -and even necessary for the Christian layman to wield -the sword, the priest still continued under the prohibition -to shed blood or compass the death of any man. -And if a priest lay under such an injunction, so must -a tribunal that was controlled by priests.</p> - -<p>Therefore it follows that not only was it admittedly -illicit for the inquisitor to pass a capital sentence, to -send a man to his death, but even to be in any way a -party to such an act.</p> - -<p>This was the letter of the law, and, happen what -might, that letter must suffer no violence. Nor did it. -When the accused was found guilty of heresy, when -he was impenitent, or relapsed, the inquisitor was -careful that the sentence he passed contained no single -word that could render him responsible for the delinquent’s -death. Far from it. The inquisitors earnestly -implored the secular justiciaries to whom they abandoned -him not to do him any hurt whatever.</p> - -<p>But consider the actual formula of the sentence as -prescribed by Eymeric. It concluded thus:</p> - -<p>“The Church of God can do no more for you, -since you have already abused its goodness.... -Therefore we cast you out from the Church, and -we abandon you to the secular justice, beseeching -it none the less, and earnestly, so to moderate its -sentence that it may deal with you without shedding -your blood or putting you in danger of death.”<a id="FNanchor_125" href="#Footnote_125" class="fnanchor">125</a></p> - -<hr class="tb" /> - -<p><span class="pagenum" id="Page_204">204</span></p> - -<p>They were careful not so much as to say that they -<i>delivered</i> him to the secular arm; for delivery suggests -activity in a matter in which they must remain -absolutely passive. They merely <i>abandoned</i> him. -Pilate-like, they washed their hands of him. If the -secular justiciaries chose to bear him away and burn -him at the stake in spite of their “earnest intercessions” -to the contrary, that was the secular justiciaries’ -affair.</p> - -<p>Thus was the letter of the law most scrupulously -observed, and the inquisitor displayed in his intercession -on the heretic’s behalf the benignity proper -to his sacerdotal office. His conscience was entirely -at peace.</p> - -<p>For the rest, he knew, of course, that there was -a bull of Innocent IV, known as “ad extirpanda,” -which compelled the secular justiciaries, under pain -of greater excommunication, and of being themselves -prosecuted as heretics and <i>fautores</i>, to put to death -within a term of not more than five days any convicted -heretic taken within their jurisdiction.</p> - -<p>Francesco Pegna recommends inquisitors to be -careful not to omit the intercession on the prisoner’s -behalf, lest they should render themselves guilty of an -irregularity. At the same time he raises the interesting -question whether an inquisitor can reconcile this -intercession with his conscience—not, as you might -suppose, upon the score of the dissimulation it entails; -but purely on the ground that it is most strictly forbidden -to intercede on behalf of heretics; to do so, -indeed, is to incur suspicion of being a befriender of -heretics—an offence as punishable as heresy itself.</p> - -<p>This question he has no difficulty in answering. -Thus:</p> - -<p>“In truth it would not be permitted to employ -for a heretic an intercession that would be of any -advantage to him, or which tended to hinder the -justice which is to be executed upon his crime, but -only an intercession whose aim it is to relieve -<span class="pagenum" id="Page_205">205</span> -the inquisitor of the irregularity he might otherwise -incur.”</p> - -<p>He goes on to say that when the heretic has been -abandoned to the secular justiciaries, the latter must -pronounce their own sentence and conduct him to -the place of execution, permitting him to be accompanied -by pious men, who will pray for him and not -leave him until he shall have delivered up his soul. -And he reminds the inquisitors—though it hardly -seems necessary—that should the magistrates delay in -putting to death a heretic who has been abandoned -to them, they must be regarded as <i>fautores</i> and -themselves prosecuted.</p> - -<hr class="tb" /> - -<p>Innocent IV, as we have seen, allowed the magistrates -a term of five days in which to do their duty -in this matter, and in Italy it was usual to take the -heretics back to prison after sentence, and bring them -forth again upon a week-day—always within the prescribed -term—to be burnt. In Spain, however, the -custom was that the magistrates having pronounced -their own sentence—as soon as the heretic was -abandoned to them—should immediately proceed to -execute it.</p> - -<p>According to some authorities the sentence, by -which was meant the Auto de Fé generally, should -not take place in church. Pegna agrees with these, -but not upon the score of the desecration of sanctuary, -which was their reason. He agrees because in a large -open space higher scaffolds can be erected for the -Auto, and greater multitudes can assemble to witness -this uplifting spectacle of the triumph of the Faith. -On the same grounds does he belittle those who -maintain that heretics should not be put to death on -Sundays. He considers it quite the best day of the -week, and excellent the Spanish custom that appoints -it for the Auto, “for,” he says, “it is good that large -multitudes should attend, so that fear may turn them -from evil ways; the spectacle being one that inspires -<span class="pagenum" id="Page_206">206</span> -the attendance with terror and presents a fearful image -of the last judgment.”</p> - -<p>That it is expedient to put heretics to death -no pious authority has ever ventured to dispute. -But there have been differences of opinion on the -subject of the means by which this should be done. -The scholiast is entirely on the side of the large -majority that considers fire the proper instrument, -and actually cites the Saviour’s own authority -for this: “If a man abide not in me, he is cast forth -as a branch that is withered; and men gather them, -and cast them into the fire, and they are burned” -(John xv. 6).</p> - -<hr class="tb" /> - -<p>If the accused should happen to be a cleric, he -must be unfrocked and degraded by a bishop before -being arrayed in the hideous <i>sanbenito</i> and abandoned -to the secular arm, whilst those convicted of contumacy -were—if still absent at the time of the -sentence—to be burnt in effigy pending their capture, -when, without further trial, they would be burnt alive.</p> - -<p>In effigy also were burnt those convicted after -death, these effigies being cast into the flames together -with the remains of the dead man, which were exhumed -for the purpose.</p> - -<hr class="tb" /> - -<p>Reference has several times been made here to -the <i>sanbenito</i> which was imposed upon all whom the -Holy Office found guilty of heresy, whether reconciled -or abandoned, and also upon those who were suspected -in the degree <i>violenter</i>.</p> - -<p>In this garment they attended the Auto de Fé, -and went to execution if they were abandoned; or -they might be required to wear it for varying periods -after reconciliation, and in some instances for as long -as they lived, to advertise their infamy.</p> - -<p>It was the perversion into a garb of shame and -disgrace of the penitential garment originally prescribed -by St. Dominic; for whereas once it—or, -<span class="pagenum" id="Page_207">207</span> -rather, that from which it was derived—had been -worn even by princes as an outward mark of contrition -for the sins into which they had fallen, it was -now imposed that it might subject its wearer to -opprobrium and contempt.</p> - -<p>St. Dominic’s instructions were that it should -be a sackcloth habit, of the kind worn by his own -brotherhood, and that its colour might be at the -discretion of the wearer so long as it was sombre. -As it had ever been the custom of the Church to -bless the “sack” or tunic worn by members of -religious confraternities or by those upon whom it -had been imposed as a penance, such a garment was -called a <i>saco bendito</i>, which in course of time was contracted -into <i>sanbenito</i>, though also known by its proper -Spanish name of <i>zamarra</i>.</p> - -<p>When the crusade against the Albigensian heretics -was at its height in Southern France, not only did the -crusaders wear the cross upon their garments, but all -faithful Catholics assumed it for their protection; for—as -on the night of the St. Bartholomew, some four -centuries later—no man’s life was safe if he did not -display that device. St. Dominic desired that the -penitent should enjoy the same protection, but so that -his penance should still be proclaimed, he was ordered -to wear two crosses, one on each breast.</p> - -<p>Later, when the wars of religion had ceased, and -the general wearing of the cross was abandoned, the -Council of Toulouse decreed, in 1229, that these -penitential crosses should be yellow, whilst the Council -of Beziers, four years later, going further into the -matter, ordained that they should be two and a half -hands long (vertical) by two hands wide (horizontal), -and that they should be made of cloth of the width of -three fingers. Instead of being worn upon the breast, -as hitherto, they were now placed one on the breast -and one on the back, with a third on the hood or veil -if hood or veil were worn.</p> - -<p>For abettors of heresy the following solemn -<span class="pagenum" id="Page_208">208</span> -penance was enjoined by the Council of Tarragona in -1242:</p> - -<p>“On All Saints’, on the First Sunday in Advent, on -the feasts of Christmas, the Circumcision, the Epiphany, -St. Mary of February (Purification), St. Mary -of March, and all Sundays in Lent, the penitents shall -go to the Cathedral to take part in the procession. -They shall be dressed only in their shirts, barefoot, -their arms crossed, and they shall be whipped in the -procession by the bishop or parish priest. Similarly -shall they repair to the Cathedral on Ash Wednesday -in their shirts, barefoot, their arms crossed, and submit -to banishment from church for all Lent; so that -during that season they must remain at the church -door and hear the service thence. On Thursday in -Holy Week they shall come to the church to be reconciled -in accordance with the canonical provisions, it -being understood that this penance of remaining out -of the church through Lent and of being whipped in -procession on the days appointed shall be performed -yearly for the remainder of the penitents’ lives.”</p> - -<hr class="tb" /> - -<p>At first, and down to Eymeric’s day, the <i>sanbenito</i> -preserved its original form—a tunic similar to that -worn by the members of regular orders. But in the -fourteenth century it was altered to a scapulary or -tabard, with an opening at the top through which the -head was passed; it was to be of the full width of the -body, and to descend no lower than the knees, lest it -should too closely resemble the scapulary which the -regulars wore in addition to their tunic. Soon after -it was resolved that it should be of yellow sackcloth, -and that the crosses should be red.</p> - -<p>Once this stage was reached, it may be said that -the transition from a garment solely of penitence into -a garment chiefly of shame and infamy was complete.</p> - -<div id="i_208" class="figcenter"> -<img src="images/i_208.jpg" alt="" /> -<p class="small"><i>Photo by Donald Macbeth.</i></p> - -<p class="caption">PROCESSION TO AUTO DE FÉ.<br /> -From Limborch’s “Historia Inquisitionis.”</p> -</div> - -<p>We have said that the imposition of the <i>sanbenito</i> -had been falling into desuetude during the fifteenth -century. But for Torquemada it might indeed have -<span class="pagenum" id="Page_209">209</span> -become entirely obsolete. It happened, however, that -the Prior of Holy Cross perceived the virtues of it, -the salutary results to be obtained from parading the -victims of the Holy Office in that hideous garb. -Therefore he revived it, and strongly enjoined its use -by all offenders save those against whom there was no -more than evil reputation, and who submitted themselves -to be purged of this canonically.</p> - -<p>It was not, however, until the famous Ximenes de -Cisneros, who became Grand Inquisitor some ten -years after Torquemada’s death—that the <i>sanbenito</i> -attained its full development, the form which it was -to preserve until the extinction of the Inquisition.</p> - -<p>Cisneros substituted for the ordinary rectangular -cross worn on back and breast of the <i>sanbenito</i> an -<i>aspa</i>, or St. Andrew’s cross, and he otherwise disposed -that the <i>sanbenito</i> might proclaim the offence -and sentence of its wearer. Three varieties were -devised for those who were abjuring a heresy of -which they had incurred suspicion: the suspect of the -degree <i>leviter</i> wore a perfectly plain <i>sanbenito</i> without -any cross or other device; the suspect <i>vehementer</i> -wore upon back and breast one arm only of the -St. Andrew’s cross; the suspect <i>violenter</i> was made to -wear the full cross.</p> - -<p>Those actually convicted of heresy wore in addition -to the <i>sanbenito</i> a tall mitre, or pyramidal cap, made of -cardboard and covered with yellow sackcloth; and that -their precise condition might be distinguished, the -following differentiations were prescribed: the heretic -who repented before the passing of sentence, and -who—not being a relapsed—was not to die by fire, -bore upon the breast and back of his <i>sanbenito</i> and -upon the front and back of his <i>coroza</i>, as the mitre -was called, a full St. Andrew’s cross; the relapsed -heretic who had repented before the Auto bore, in -addition to the crosses, the device of a bust upon -burning faggots on the nether part of his <i>sanbenito</i>; -further his <i>sanbenito</i> and <i>coroza</i> were flecked with -<span class="pagenum" id="Page_210">210</span> -tongues of flame, which pointed downwards to signify -that he was not to die by fire, although his body was -to be burnt. He had deserved the charity of being -strangled at the stake before the faggots were ignited. -And this mercy, be it added, the Holy Office conceded -to any heretic who at the eleventh hour -confessed his guilt and desired to make his peace -with the Church and die, as it were, upon her loving -bosom. To this end the condemned was accompanied -from the Auto to the stake by two friars, who never -ceased to exhort him to make confession, save his -body from the temporal torment of physical fire, and -his soul from the eternal torment of spiritual fire.</p> - -<p>Finally, the impenitent heretic bore the same -devices as the relapsed penitent, but in his case the -tongues of flame pointed upwards to show that he was -to die by them, and his <i>sanbenito</i> was further daubed -with crude paintings of devils—horrible, grotesque -caricatures—to advertise the spirits ruling over his soul.</p> - -<hr class="tb" /> - -<p>Something should by now have been gathered of -the spirit of the Inquisition as reflected in the pages -of Eymeric and his commentator Pegna in that -“Directorium” upon which such copious draught has -been made for these chapters upon the Jurisprudence -of the Holy Office. It is worth while, before proceeding, -to cite another author’s views upon Justice -and Mercy as understood by the Inquisition, and to -consider an illuminating passage from the pen of -Garcia de Trasmiera.</p> - -<p>This Trasmiera—to whom reference has been -made already—was an Aragonese, an inquisitor who -lived in the seventeenth century—nearly two hundred -years after the epoch with which we are here concerned. -We might go to a score of other sources, from Paramo -downwards, for very similar sentiments, and the only -reason for choosing this particular passage from -Trasmiera is that it is almost in the nature of an -epitome. -<span class="pagenum" id="Page_211">211</span></p> - -<p>He seems to summarize the very arguments with -which Torquemada and his delegates convinced themselves -not merely of the righteousness, but of the -inevitability—if they were to do their duty by God -and man, and fulfil the destinies for which they had -been sent into this world—of the task to which they -had set their hands.</p> - -<p>“These two virtues of Mercy and Justice,” says -the Aragonese writer, with all the authority of an -Evangelist, “are so closely united in God, although -we imperfectly judge them to be opposed, that Divine -Wisdom but avails Itself of the one, the more gloriously -to exercise the other. The most proper effect of the -Divine Mercy, none doubts, is the salvation of souls, -and who can doubt that what in this court of the -Inquisition appears to be rigour of Justice is really -medicine prescribed by Mercy for the good of the -delinquents? Just as it would be a barbarous judgment -to attribute to cruelty on the part of the surgeon -the cautery of fire which he employs to destroy the -contagious cancer of the patient, so it would be crass -ignorance to suppose that these laws which appear to -be severities are prescribed for any purpose other than -that which governs the surgeon in curing his patient, -or a father in punishing his child. Says the Holy -Ghost: ‘Who does not use the rod hates the child,’ -and elsewhere: ‘God punishes whom He loves.’”<a id="FNanchor_126" href="#Footnote_126" class="fnanchor">126</a></p> - -<p>Could perversity of interpretation go further? In -Rome, in Torquemada’s day, the Father of Christianity -was granting absolutions, commuting the punishment -of hanging to pecuniary penances where such penances -were solicited, and justifying such commutation by -reminding Christianity that God does not desire the -death of a sinner, but rather that he should live and -be converted.</p> - -<p>It would seem as if Inquisitor and Pontiff did not -see eye to eye in this matter of Mercy and Justice. -To the credit of the Pontiff be it said. -<span class="pagenum" id="Page_212">212</span></p> - -<p>Trasmiera, echoing the inquisitorial casuistry of -centuries, holds that the rigour of Justice is prescribed -by Mercy for the good of the delinquents. The -impenitent Judaizer was sent to the stake. How -could that redound to his good in this world or the -next? We could admit a certain logical consummation -of their arguments if the inquisitors had confined -themselves to burning those who repented, or those -who were innocent even; by burning these whilst -they were in a state of grace they would have ensured -their salvation by abstracting them from all perils of -future sin. But to burn the impenitent upon such -grounds as they themselves urged, believing, as they -did, that just as surely as his mortal part was burnt -there at the stake, just so surely would his immortal -part burn through all eternity in hell—that was, clearly, -by their own lights, to perpetrate the murder of his -soul. -<span class="pagenum" id="Page_213">213</span></p> - -<h2 id="CHAPTER_XIV">CHAPTER XIV<br /> - -<span class="medium">PEDRO ARBUÉS DE EPILA</span></h2> - -<p>There is no difficulty in believing Llorente’s -statement—based upon extracts from contemporary -chronicles—to the effect that the Inquisition was not -looked upon with favour in Castile. It was impossible -that a civilized and enlightened people should view -with equanimity the institution of a tribunal whose -methods, however based fundamentally upon those -of the civil courts, were in the details of their practice -so opposed to all conceptions of equity.</p> - -<p>In no Catholic country does the cherishing of a -fervent faith, in itself, imply respect for the clergy. -Nor, for that matter, does the respect of any religion -in itself signify respect for those who administer it. It -appears to do so; it is even prescribed that it should; -but in point of fact it seldom does, other than -with simple peasant classes. The ministers, after all, -are men; but by virtue of their office they labour -under disadvantages greater than the ordinary man’s. -When they display the failings to which all men are -subject, these failings wear a much graver aspect by -virtue of the office they hold and the greater purity -which that office implies. Holiness is looked upon -as the priest’s trade, and it is expected that he should -conduct that trade honestly, as any layman conducts -the affairs by which he earns his livelihood. The only -test of honesty in the priest, of whatever denomination, -lies in his own conduct; and when this falls -short of that high standard in which he claims to deal, -<span class="pagenum" id="Page_214">214</span> -he earns a contempt akin to that which overtakes the -trader who defrauds his creditors. It is remembered -then, to his disadvantage, that under his cassock the -cleric is a man, and so subject to all the faults that are -man’s heritage. But it happens that in addition to -these he is subject to other failings that are peculiarly -of the cassock, failings which the world has never been -slow to discern in him. The worst of these is the -ecclesiastical arrogance, the sacerdotal pride which has -been manifested by priests of all cults, but which in -none is so intolerable as in the Christian, who expounds -a gospel of humility and self-abnegation. He is akin -to a feudal tyrant who grinds the faces of his serfs -whilst he lectures them upon the glories of democracy.</p> - -<p>Of such priests Spain of the fifteenth century had -an abundant share. She knew them and mistrusted -them, and hence she mistrusted any organization of -theirs which should transcend the strict limits of their -office.</p> - -<p>Now, the tribunal of the Inquisition laid itself -peculiarly open to this mistrust in consequence of the -secrecy of its proceedings—a secrecy, as we know, -greatly increased by the enactments of Torquemada. -Its trials were not conducted in open court; the -examination of witnesses took place in secret and -under the veil of anonymity, so that the world had -no assurance of the honesty of the proceedings. When -it happened that a man was arrested, the world, as a -rule, knew him no more until he came forth, candle in -hand, arrayed in a <i>sanbenito</i> to play his tragic part in -an Auto.</p> - -<p>By virtue of this secrecy the Inquisition had invested -itself with a power far greater, more subtle, and -farther-reaching than that of any civil court. The -might of the Grand Inquisitor was almost boundless, -and he was unanswerable to any temporal authority for -the arbitrariness with which he exercised it. Rivalling -the sovereign power in much, in much else the Grand -Inquisitor’s went above and beyond it, for not even the -<span class="pagenum" id="Page_215">215</span> -King himself could interfere in matters of the Faith -with one who held his office directly from the Pope.</p> - -<p>The net which Torquemada cast was of the very -widest; the meshes of that net were of the closest, -so that no man, however humble, could account himself -safe; its threads were of the strongest, so that -no man, however powerful, could be sure of breaking -through were he once brought within its scope.</p> - -<p>What, then, but terror could Torquemada and his -grim machinery inspire? It is not difficult to believe -the sometime secretary of the Inquisition when he -assures us that the Holy Office was not favourably -viewed in Spain. The marvel is that whilst the -Castilians were chilled by awe into inactivity and meek -submission, it should have remained for Aragon, -which already had known an inquisition for a century, -to rise up in rebellion.</p> - -<p>And yet what may seem at first glance a reason why -Aragon should have submitted to Torquemada’s rule -in matters of the Faith, may be the very reason of its -rash and futile rebellion. For a hundred years already -the court of the Holy Office had been operating there; -but its operations, never vigorous, had become otiose. -In this inactive form Aragon had suffered it to continue. -But of a sudden it was roused from that lethargy -by Torquemada. It was bidden to enforce its stern -decrees and other sterner decrees which he added to -those already in existence, and to follow the course of -arbitrary procedure which he laid down. Never welcome -in Aragon, it now became intolerable. The -New-Christians, who knew the fate of their Castilian -brethren, went with fear in their countenances, and -despair and its fierce courage in their hearts.</p> - -<p>In the spring of 1484 Ferdinand held his Cortes -at Tarragona. He was attended on the occasion by -Torquemada, and he seized the opportunity to present -to his kingdom the gaunt Prior of Holy Cross, its -pontifically-appointed Grand Inquisitor.</p> - -<p>Torquemada’s activity matched his boundless zeal. -<span class="pagenum" id="Page_216">216</span> -At once he convened a council composed of the Vice-Chancellor -of Aragon, Alonso de Caballeria—himself -a New-Christian—the Royal Councillor Alonso -Carillo, and some doctors of canon law, that they -might decide upon the course to be adopted in Aragon -to the end that the Inquisition might be conducted -with absolute uniformity there, as in Castile. This -done, he proceeded to appoint inquisitors to the Archbishopric -of Zaragoza, and his choice fell upon Frey -Gaspar Yuglar and Frey Pedro Arbués de Epila, Master -of Theology and Canon of the Metropolitan Church -of Zaragoza.</p> - -<p>After the publication of the “Instructions” drawn -up that same year in Seville, Torquemada further -appointed to the Holy Office of Zaragoza a fiscal -advocate, an apparitor, notaries, and receivers, whereupon -that office began immediately to exercise its -functions under the new system.</p> - -<p>At once the courage of despair roused the New-Christians -to opposition. Amongst them were many -who held high positions at court, persons of great -influence and esteem, and these immediately determined -to send a deputation to the Vatican and another -to the Sovereigns to voice their protests against the -institution of this tribunal in Aragon, and to beseech -that it be abolished, or at least curtailed in its powers -and inhibited from proceeding to confiscation, which -was contrary to the law of the land.</p> - -<p>This last was a shrewd request, based no doubt -upon the conviction that, deprived of the confiscations -upon which it battened, the tribunal must languish and -very soon return to its former inoperative condition.</p> - -<p>Nor were the <i>conversos</i> the only ones to denounce -the procedure of the Holy Office. Zurita records that -many of the principal nobles of Aragon rebelled against -it, protesting that it was against the liberties of the -kingdom to confiscate the property of men who were -never allowed to learn the names of those who bore -witness against them. -<span class="pagenum" id="Page_217">217</span></p> - -<p>As well might they have appealed against death—for -death itself was not more irresistible or inexorable -than Torquemada. All the fruit borne by their labours -was that those who had lent their names to the petition -were ultimately prosecuted as hinderers of the Holy -Office. But this did not immediately happen.</p> - -<p>In the meanwhile Torquemada’s delegates, Arbués -and Yuglar, went about the business entrusted to them -with that imperturbability which the “Directorium” -enjoins. They published their edicts, ordered arrests, -carried out confiscations, and proceeded with such -thoroughness that it was not long before Zaragoza -began to present the same lurid, ghastly spectacles -that were to be witnessed in the chief cities of Castile.</p> - -<p>In the following May (1485) they celebrated with -great solemnity the first Auto de Fé, penancing many -and burning some. This was followed by a second -Auto in June.</p> - -<p>The despair and irritation of the New-Christians -mounted higher at these spectacles. It is believed -to have reached its climax with the sudden arrest of -Leonardi Eli, one of the most influential, wealthy, and -respected <i>conversos</i> of Zaragoza.</p> - -<p>Those who had put the petition afoot, abandoning -now all hope of obtaining any response either from -the Sovereigns or from Rome, met to concert other -measures. Their leader was a man of influence named -Juan Pedro Sanchez. He had four brothers in influential -positions at Court, who had lent their services -in the matter of the petition to the Sovereigns.</p> - -<p>A meeting took place in the house of one Luis -de Santangel, and Sanchez urged a desperate remedy -for their desperate ills. They must strike terror into -their terrorizers. He proposed no less than the -slaughter of the inquisitors, urging with confidence -that if they were slain no others would dare to fill -their places. In this he seems to have underestimated -the character of Torquemada.</p> - -<p>The proposal was adopted, an oath of secrecy was -<span class="pagenum" id="Page_218">218</span> -pledged, plans were laid, measures were taken, and -funds were collected to enable these plans to be executed. -Six assassins were chosen, among whom were -Juan de Abadia and his Gascon servant Vidal de -Uranso, and Juan de Esperandeu. This last was -the son of a <i>converso</i> then lying in the prisons of the -Inquisition, whose property had already been confiscated; -so that he was driven by the added spur -of personal revenge. There was, too, the further -incentive of a sum of five hundred florins promised -by the conspirators to the slayer of Arbués, and -deposited by them for that purpose with Juan Pedro -Sanchez.<a id="FNanchor_127" href="#Footnote_127" class="fnanchor">127</a></p> - -<p>Several early attempts to execute this project were -baffled by circumstances. It would seem, moreover, -that Arbués had received some warning of what was -in store for him—or else he was simply conscious of -the general hatred he had incurred—for he exercised -the greatest prudence, took to wearing body armour, -and was careful not to expose himself in any way; all -of which does not suggest in him that eagerness for -the martyr’s crown with which his biographer Trasmiera -would have us believe that he was imbued.</p> - -<p>At last, however, the assassins found their opportunity. -Late on the night of September 15 of that -year, 1485, they penetrated into the Metropolitan -Church to lie in wait for their victims when these -should come to the midnight office imposed by the -rule of their order.</p> - -<p>Juan de Abadia, with his Gascon servant Uranso -and another, entered by the main door. Esperandeu -and his companions gained admittance through the -sacristy.</p> - -<p>About the pillars of the vast church, in the gloom -that was scarcely relieved by the altar-lamp, they -waited silently, “like bloody wolves,” says Trasmiera, -“for the coming of that gentle lamb.”</p> - -<p>Towards midnight there was a stir overhead; -<span class="pagenum" id="Page_219">219</span> -lights beat faintly upon the darkness; the canons -were assembling for matins in the choir.</p> - -<p>A note of the organ boomed through the silence, -and then Arbués entered the church from the cloisters.</p> - -<p>It seemed that even now chance did not favour -them, for Arbués came alone, and their aim was to -take both the inquisitors.</p> - -<p>The dominican was on his way to join his brethren -in the choir. He carried a lantern in one hand and -a long bludgeon in the other. Nor did his precautions -end in this. He wore a shirt of mail under his white -habit, and there was a steel lining to his black velvet -skull-cap. He must indeed have gone in fear, that -he could not trust himself to matins save armed at -all points.</p> - -<p>He crossed the nave on his way to the staircase leading -to the choir. But as he reached the pulpit on the -left he halted and knelt to offer up the prescribed prayer -in adoration of the Sanctissimum Sacramentum. He -set the lantern down upon the ground beside him, -and leant his club against a pillar.</p> - -<p>Now was the assassins’ opportunity. He was at -their mercy. And although to strike now was to -leave half their task undone, they must have resolved -that rather than postpone the matter again in the -hope of slaying both inquisitors, they had better take -the one that was delivered up to them.</p> - -<p>The chanting overhead muffled the sound of their -steps as they crept up behind Arbués, out of the blackness -into the faint wheel of yellow light cast by his -lantern.</p> - -<p>Esperandeu was the first to strike, and he struck -clumsily, doing no more than wound the inquisitor in -the left arm. But swift upon that blow followed -another from Uranso—a blow so violent that it -smashed part of the steel cap, and, presumably -glancing off, opened a wound in the inquisitor’s neck, -which is believed to have been the real cause of his -death. -<span class="pagenum" id="Page_220">220</span></p> - -<p>It did not, however, at that moment incapacitate -him. He staggered up, and turned to the staircase -that led to the choir. But now Esperandeu returned -to the assault, and drove at the Dominican so furiously -with his sword that, despite the shirt of mail with -which Arbués was protected, the blade went through -him from side to side.</p> - -<p>The inquisitor fell, and lay still. The organ -ceased abruptly, and the assassins fled.</p> - -<p>There was confusion now in the choir. Down -the stairs came the friars with their lanterns, to -discover the unconscious and bleeding inquisitor. -They took him up and carried him to bed. He died -forty-eight hours later at midnight on Saturday, -September 17, 1485.<a id="FNanchor_128" href="#Footnote_128" class="fnanchor">128</a></p> - -<p>By morning all the town had heard of the deed, -and the effect which it produced was very different -from that for which its perpetrators had hoped. The -Old-Christians, some moved by religious zeal, some -by a sense of justice, snatched up weapons and went -forth to the cry of “To the fire with the <i>conversos</i>!”</p> - -<p>The populace—an uncertain quantity, ever ready -to be swayed by the first voice that is loud enough, -to follow the first leader who points the way—took -up the cry, and soon Zaragoza was in turmoil. -Through every street rang the clamours of the multitude, -which threatened to offer up one of those hecatombs -in which fire disputes with steel the horrid -laurel of the day.</p> - -<p>The uproar penetrated to the Palace of Alfonso -of Aragon, the seventeen-year-old Archbishop of -Zaragoza. It roused that bastard of Catholic Ferdinand -from his slumbers. A high-spirited lad, he summoned -the grandees of the city and the officers of justice, -and rode out at their head to meet and quell the -rioters. But only by a promise that the fullest justice -should be done upon the murderers did he succeed -<span class="pagenum" id="Page_221">221</span> -in dispersing them and restoring order to that distracted -city.</p> - -<hr class="tb" /> - -<p>“Divine Justice,” says Trasmiera, “permitted the -deed, but not its impunity.”</p> - -<p>Rash indeed had been the action of the New-Christians, -and terrible was the penalty exacted, -terrible the price they were made to pay for the life -they had taken. In conceiving that they could intimidate -by such an act a man of Torquemada’s mettle, -they displayed a lamentable want of judgment, as -was speedily proved. To fill the place of the dead -inquisitor, and to set about the stern business of -avenging him, Torquemada instantly dispatched to -Zaragoza Fr. Juan Colvera, Fr. Pedro de Monterubio, -and Dr. Alonso de Alarcon. For the greater security -of themselves and their prisoners, these delegates set -up their tribunal in the royal alcazar of the Castle of -Aljaferia, and proceeded to institute an active search -for the culprits. Several were seized, amongst whom -was Abadia’s servant, Vidal de Uranso. He was put to -the question, and an admission of his own guilt extracted -from him. He was tortured further in the endeavour -to wring from him the names of his associates in the -deed, and finally he was promised “grace” if he -would divulge them.</p> - -<p>At this price the unfortunate Gascon consented to -speak, betraying all whom he had known to be in the -plot and all whom he had known to sympathize with -it. And Llorente, who saw the records of the proceedings, -tells us that when Uranso claimed the -promised grace, he was benignly answered that he -should receive the grace of not having his hands -hacked off—as must the others—before being hanged, -drawn, and quartered.</p> - -<p>Amongst those taken were Juan de Abadia, Juan -de Esperandeu, and Luis de Santangel.</p> - -<p>Esperandeu and Uranso suffered together at the -Auto of June 30, 1486—the seventh held in Zaragoza -<span class="pagenum" id="Page_222">222</span> -that year. Esperandeu was dragged through the city -on a hurdle, his hands were hacked off on the steps of -the Cathedral, whereafter he was hanged, drawn, and -quartered. Five other conspirators suffered in the -same Auto, being abandoned to the secular arm and -burnt alive. Two others, who had escaped, were -burnt in effigy, and one of these was that Juan Pedro -Sanchez who had been the leading spirit in the affair. -And together with these living men and the grotesque -effigies of straw arrayed in <i>sanbenito</i> and <i>coroza</i> they -burnt the corpse of Juan de Abadia. He had cheated -in part the Justice of the Holy Office. He had committed -suicide in prison by eating a glass lamp.<a id="FNanchor_129" href="#Footnote_129" class="fnanchor">129</a></p> - -<p>Autos succeeded one another at such a rate now in -Zaragoza that no less than fourteen were held in that -year 1486; 42 persons were burnt alive, 14 in effigy, and -134 were penanced in varying degrees from perpetual -imprisonment to public whippings. And to the end -that the publicity of these Autos might be increased -and the salutary lesson inculcated by them might be -as far-reaching as possible, Torquemada ordered that -a fortnight before the holding of each it should be -announced by public proclamation, with great solemnity -and parade of mounted familiars of the Holy Office—a -matter which upon this precedent became customary -throughout Spain.</p> - -<p>In his allusion to these Autos Trasmiera<a id="FNanchor_130" href="#Footnote_130" class="fnanchor">130</a> advances -one of the usual sophistries employed by the Inquisition -to justify its constant claim that its proceedings were -dictated by mercy.</p> - -<p>He assures us that it was a happiness (<i>dicha</i>) for -the culprits to die so soon, and he explains that to -have allowed them to live would have shown a greater -rigour of justice—“as witnesseth Cain, upon whom -God placed a sign ordering that none should kill him -since by the prolongation of his life, his nature being -what it was, he must commit more sins, and thus more -<span class="pagenum" id="Page_223">223</span> -surely deserve greater degrees of punishment in his -eternal damnation.”</p> - -<p>It is a priest who puts forward this blasphemous -assertion that God desires the damnation of a sinner, -and suggests that by burning that sinner betimes, God -is to be cheated—at least in part—of His unspeakable -purpose. It serves excellently to show to what desperate -shifts of argument men could be urged in the -attempt to justify the practices of the Holy Office.</p> - -<p>With precisely the same degree of authority does -he assure us that all the murderers died penitent—in -consequence of the affectionate prayers offered up for -them by Arbués in the hour of his death.</p> - -<p>Vidal de Uranso’s confession had yielded up to the -inquisitors the names not only of participators in the -murder of Arbués, but of those who were believed by -the Gascon to be in sympathy with the deed. By -pursuing the methods peculiarly their own to cause a -prosecution to spread like an oil-stain, slowly and -surely covering an ever-widening area, the inquisitors -were able to cause the indictment of many whose -connection with the crime was of the remotest, and of -others who, moved by a very Christian pity, had -afforded shelter to New-Christians fleeing in terror -before the blind vengeance of the Holy Office. Among -the latter many were prosecuted where there was -no proof that the fugitives they had sheltered were -Judaizers or unfaithful. It is believed that sheer panic -had driven many perfectly innocent New-Christians to -depart from a city where no New-Christian might -account himself secure. But in consequence of the -clause introduced by the merciless Torquemada into his -“Instructions,” a man’s flight was in itself a sufficient -reason for the presumption of his guilt.</p> - -<p>A reign of terror was established in Zaragoza. -The tribunal of that city became one of the busiest in -Spain, and it is computed that altogether some two -hundred victims paid in one way and another for the -death of Pedro Arbués, so that there was hardly a -<span class="pagenum" id="Page_224">224</span> -family, noble or simple, that was not plunged into -mourning by the Justice of the Faith.</p> - -<p>Amongst those against whom proceedings were -instituted were men of the very first importance in -the kingdom. One of these was that Alonso de -Caballeria, Vice-Chancellor of Aragon, who had been -prominent in the council summoned by Torquemada -to determine the details of the introduction of the -Inquisition into Aragon. Nor did they confine their -attention to New-Christians. Amongst those they -summoned to render to the Holy Office an account -of their deeds we find no less a person than Don Jaime -de Navarre, known as the Infante of Navarre or the -Infante of Tudela, the son of the Queen of Navarre, -and King Ferdinand’s own nephew.</p> - -<p>A fugitive New-Christian coming to Tudela cast -himself upon the mercy of the prince, and found -shelter in Navarre for a few days until he could escape -into France. The inquisitors, whom nothing escaped, -had knowledge of this, and such was their might and -arrogance that they did not hesitate to arrest the -Infante in the capital of his mother’s independent -kingdom. They haled this prince of the blood-royal -to Zaragoza to stand his trial upon the charge of -hindering the Holy Office. They cast him into -prison, and subjected him to the humiliating penance -of being whipped round the Metropolitan Church by -two priests in the presence of his bastard cousin, the -seventeen-year old Archbishop, Alfonso of Aragon. -Thereafter he was made to stand penitentially, candle -in hand, in view of all during High Mass, before he -could earn absolution of the ecclesiastical censure he -had incurred.</p> - -<hr class="tb" /> - -<p>Alonso de Caballeria is one of the few men in -history who was able successfully to defy and withstand -the terrible power of that sacerdotal court.</p> - -<p>This Vice-Chancellor was a man of great ability, -the son of a wealthy baptized Hebrew nobleman, -<span class="pagenum" id="Page_225">225</span> -whose name had been Bonafos, but who had changed -this to Caballeria upon receiving baptism, in accordance -with the prevailing custom. He was arrested -not only upon the charge of having given shelter to -fugitives, but also upon suspicion of being, himself, -a Judaizer.</p> - -<p>Presuming upon his high position, and also upon -the great esteem in which he was held by his king, -Caballeria showed the Inquisition an intrepid countenance. -He refused to recognize the authority of the -court and of Torquemada himself, appealing to the -Pope, and including in his appeal a strong complaint -of the conduct of the inquisitors.</p> - -<p>This appeal was of such a character and the man’s -own position was so strong that on August 28, 1488, -Innocent VIII dispatched a brief inhibiting the inquisitors -from proceeding further against the Vice-Chancellor, -and avocating to himself the case. But -such was Torquemada’s arrogance by now that he -was no longer to be intimidated by papal briefs. -Under his directions the inquisitors of Zaragoza -replied that the allegations contained in Caballeria’s -appeal were false. The Pope, however, was insistent, -and he compelled the Holy Office to bow to his will -and supreme authority. On October 20 of that year -the minutes of the case were forwarded to the Vatican. -As a result of their perusal His Holiness must have -absolved Caballeria, for not only was he delivered -of the peril in which he had stood, but he continued -to rise steadily in honour and consequence until he -became Chief Judge and head of the Hermandad of -Aragon.<a id="FNanchor_131" href="#Footnote_131" class="fnanchor">131</a></p> - -<hr class="tb" /> - -<p>Llorente informs us<a id="FNanchor_132" href="#Footnote_132" class="fnanchor">132</a> that he perused the records -of some thirty trials in connection with the Arbués -affair, and that the publication of any one of them -<span class="pagenum" id="Page_226">226</span> -would suffice to render the Inquisition detested, were -it not sufficiently detested already in all civilized -countries, including Spain.</p> - -<p>He mentions, however, two cases of interest and -importance,<a id="FNanchor_133" href="#Footnote_133" class="fnanchor">133</a> to show how arbitrary was the spirit of -the Inquisition, and how far-reaching its arm.</p> - -<p>Juan Pedro Sanchez, the leader of the affair, having -fled to Toulouse, was, as we have seen, sentenced as -contumacious and burnt in effigy pending the seizure -of his person.</p> - -<p>In Toulouse at this time there was a student named -Antonio Agustin, a member of an illustrious family of -Aragon and a man destined to rise to great dignity -and honour. Under the impulse of fanaticism, and -acting in conjunction with several other Spaniards in -Toulouse, he petitioned for the arrest of Sanchez. -When this had been effected, he indited a letter to the -inquisitors of Aragon, and forwarded it to his brother -Pedro in Zaragoza for delivery.</p> - -<p>Pedro, however, first discussed the matter with -Guillerme Sanchez, brother of the fugitive, and three -friends, and all were opposed to Agustin’s purpose. -They decided not to deliver the letter, and they wrote -to Agustin begging him to withdraw his plea against -Sanchez and consent to the fugitive’s being restored -to liberty.</p> - -<p>Agustin was persuaded, and replied informing his -brother that he had done as they had requested. Once -Pedro Agustin in Zaragoza was assured of this, he -delivered the letters to the inquisitors—though why he -should have done so is not by any means clear. -Possibly he conceived that this was the wisest course -to pursue, lest it should afterwards transpire that he -had suppressed such a communication. But from what -follows it will be seen how ill-advised he was.</p> - -<p>The Holy Office having received the letters, and -supposing Juan Pedro Sanchez still under arrest in -Toulouse, ordered him to be brought to Zaragoza. -<span class="pagenum" id="Page_227">227</span> -The courts of Toulouse replied that he had already -been released and that his whereabouts were now -unknown.</p> - -<p>The inquisitors inquired into the matter with that -terrible thoroughness of which they commanded the -means. They controlled the most wonderful police -system that the world has ever seen. A vast civilian -army was enrolled in the service of the Holy Office, -as members of the tertiary order of St. Dominic. -These were the lay brothers of the family, and as the -position conferred upon those who held it certain signal -benefits, of which immunity from taxation was one,<a id="FNanchor_134" href="#Footnote_134" class="fnanchor">134</a> -it will be understood that their number had to be -limited, so very considerable were the applications for -enrolment.</p> - -<p>Originally this had been a penitential order, but -very quickly it came to be known as the Militia Christi, -and its members as familiars of the Holy Office—<i>i.e.</i> -part of the family of St. Dominic. They dressed in -black, and wore the white cross of St. Dominic upon -their doublets and cloaks, and they were made to join -the Confraternity of St. Peter Martyr. The inquisitors -seldom went abroad without an escort of these armed -lay-brothers.</p> - -<p>In the ranks of the Militia Christi were to be found -men of all professions, dignities, and callings. They -formed the secret police of the Inquisition, they were -the eyes and ears of the Holy Office, ubiquitous in -every stratum of social life.</p> - -<p>Through these agents the inquisitors were not long -in ascertaining what had taken place in the matter of -Juan Pedro Sanchez, and soon the five friends were -under arrest and forced to answer the serious charge -of hindering the Holy Office.</p> - -<p>They were paraded in public in the Auto of -May 6, 1487, as suspects—<i>leviter</i>—of Judaizing; they -<span class="pagenum" id="Page_228">228</span> -were penanced to stand in full view of the people, -candle in hand and wearing the <i>sanbenito</i>, during -Mass, and they were thereafter disqualified from holding -any office or benefice or pursuing any honourable -profession during the good pleasure of the inquisitors.</p> - -<p>As it was, they escaped lightly. That they were -suspected <i>leviter</i> of Judaizing, shows us how easily that -suspicion might be incurred. It was purely constructive -in this instance—an inference to be drawn from -the fact that they had befriended a Judaizer who was -under sentence.</p> - -<hr class="tb" /> - -<p>The other case is far more horrible. It shows in -operation Torquemada’s decree regarding the children -of heretics, and reveals in the fullest measure its appalling -inhumanity.</p> - -<p>Another who had fled to Toulouse, fearing implication -in the affair of the murder of Arbués, was one -Gaspar de Santa Cruz. It happened that he died -there, after having been sentenced as contumacious -and burnt in effigy at Zaragoza. It came to the ears -of the inquisitors that he had been assisted in his -flight by his son; and not content with the heavy -punishment of infamy that must fall automatically upon -that son for sins that were not his own, not content -with having reduced him to destitution by confiscating -his inheritance and by disqualifying him from office, -benefice, or honourable employment, they now seized -his person and indicted him for hindering.</p> - -<p>Arrayed in a yellow <i>sanbenito</i>, this son, who had -discharged by his father the sacrosanct duty which -nature and humanity impose, was exhibited to scorn in -an Auto, and further penanced by being compelled to -come before the court of the Holy Office and testify -to his father’s contumacious flight. Nor did that -ghoulish tribunal count itself satisfied even then. It -was further imposed upon him that he must repair to -Toulouse, exhume his father’s remains, and publicly -burn them, returning to Zaragoza with a properly -<span class="pagenum" id="Page_229">229</span> -attested report of the performance, when he should -receive absolution of the censures incurred.</p> - -<p>Santa Cruz carried out that barbarous command, as -the only means of saving his liberty and perhaps his -life. For it is certain that had he refused, it would -have been argued that he had rejected the offered -means of reconciliation with the Church he had so -grievously offended, and he would have been prosecuted -as impenitent; whilst had he availed himself of -the only alternative and fled, he must have been -sentenced as contumacious and would have gone to -the stake if he were ever taken.</p> - -<hr class="tb" /> - -<p>From the hour of his death Pedro Arbués de Epila -was looked upon as a saint and martyr, the notion -being carefully fostered by the members of his order -in the minds of the faithful.</p> - -<p>And, as is usual in such cases, miraculous manifestations -of his sanctity are alleged to have begun in the -very hour of his death. Trasmiera tells us that the -bells rang of themselves when he died, and he opines -that this serves to approve their use in a time when -Luther and others were condemning them as vain.</p> - -<p>The blood of the inquisitor, we learn from the -same source, boiled upon the stones of the church -where it had fallen, and continued to do so for a fortnight -afterwards; whilst on any of the twelve days -immediately following the night of his murder, a -handkerchief pressed to the stones upon which his -blood had been shed, when removed, was found to be -blood-stained.</p> - -<p>These, says Trasmiera, were miracles of which all -were witnesses. There is much more of the same kind—including -an account of the inquisitor’s apparitions after -death, as testified by Mosen Blanco, to whom the ghost -appeared, and with whom it conversed at length—to -be found in Trasmiera’s “Vida y Muerte del Venerable -Inquisidor, Pedro Arbués.”</p> - -<p>The sword with which he was slain was preserved -<span class="pagenum" id="Page_230">230</span> -in the Metropolitan Church of Zaragoza, a relic sanctified -by the blood that had embrued it.</p> - -<p>He was buried in the same church, and on the spot -where he fell Isabella raised a beautiful monument to -his memory in 1487. Part of its inscription ran: -“Happy Zaragoza! Rejoice that here is buried he -who is the glory of the martyrs.”</p> - -<p>He was beatified two hundred years later by -Alexander VII, largely in consequence of the efforts -of the Spanish inquisitors, who perceived what an -added prestige it would give their order if one of its -members were worshipped as a martyr. His canonization -followed in the nineteenth century. It was effected -by Pope Pius IX, and was the subject of much derisory -comment in the Rome of that day, which had just -broken the shackles of clerical government that had -trammelled it for some fifteen hundred years. -<span class="pagenum" id="Page_231">231</span></p> - -<h2 id="CHAPTER_XV">CHAPTER XV<br /> - -<span class="medium">TORQUEMADA’S FURTHER “INSTRUCTIONS”</span></h2> - -<p>The intrepid but ineffectual resistance offered by -Zaragoza to the Inquisition was emulated by the -principal cities of Aragon; one and all protested -against the institution of this tribunal under the new -form which Torquemada had given it.</p> - -<p>But nowhere was resistance of the least avail -against the iron purpose of the Grand Inquisitor, -armed with the entire force of civil justice to constrain -the people into submission to the ecclesiastical -will.</p> - -<p>Teruel had been thrown into open revolt by the -proposal to appoint inquisitors there; and so fierce -and determined was the armed resistance, that not -until the King’s troops made their appearance in the -streets of that city, in March 1485, were order and -obedience restored.</p> - -<p>In Valencia, too, there was a vigorous opposition -led by the nobles, and throughout Cataluña the resistance -was so resolute that it was not until two years -later that the Sovereigns were able to reduce the -people to submission.</p> - -<p>Barcelona urged an ancient right to appoint her -own inquisitors, and refused persistently and angrily -to recognize the authority of Torquemada or his delegates, -in spite of any bulls that might have been issued -by Sixtus IV and Innocent VIII. Nor was this city’s -obstinacy conquered until 1487, after Pope Innocent -<span class="pagenum" id="Page_232">232</span> -had issued his second bull, confirming Torquemada in -the office of Grand Inquisitor of Castile, Leon, Aragon, -and Valencia, and further extending his jurisdiction so -that it included all the Spains—in which bull he formally -cancelled the ancient rights of Barcelona to -appoint her own inquisitors.</p> - -<hr class="tb" /> - -<p>It should be sufficiently clear from this that, notwithstanding -the racial antipathy between Spaniard -and Jew, notwithstanding the religious spirit so very -ardent in the people of Spain, serving to aggravate -beyond all reason that hatred of the Israelite, the -Inquisition—as Torquemada understood and controlled -it—was very far from being desired by them. That -this grim institution should have contrived so firmly -to establish itself upon Spanish soil and to wield -there a power such as it wielded in no other Catholic -country of Europe, was due entirely to the brothers -of St. Dominic and the fanaticism of Torquemada -playing upon the bigotry and acquisitiveness of the -Sovereigns.</p> - -<p>Assailants of the Roman Church have urged that -the Inquisition was a religious institution. Defenders -of that same Church, in their endeavour to shift so -terrible a burden from her shoulders, have sought to -show that the Inquisition was a political machine. It -was neither, and at the same time it was both. But -chiefly and primarily it was just a clerical weapon. -And clericalism in the Iberian Peninsula, pervaded by -the spirit of Torquemada, converted that institution -into an instrument far more dreadful and oppressive -than was its character in Italy, or France, or any other -Roman Catholic country of the world in which the -Holy Office held jurisdiction.</p> - -<p>In Spain it had set up in the evening of the -fifteenth century an absolute reign of terror, depriving -men of all liberty of conscience and of speech -and spreading a network of espionage over the face of -the land. -<span class="pagenum" id="Page_233">233</span></p> - -<p>And in the meantime, practice having brought to -light certain shortcomings in the decrees which he had -already issued, Torquemada added a further eleven -articles in 1485. In the main, however, these are -concerned with the internal affairs of the Holy Office -rather than with its attitude towards offenders.</p> - -<p>Articles I and II provide for the payment of officers -of the Inquisition, and decree that no officer shall -receive gifts of any nature under pain of instant -dismissal.</p> - -<p>Article III disposes that the inquisitors shall keep -a permanent agent in Rome, who shall be skilled in -the law, so that he may attend to matters appertaining -to the Holy Office.</p> - -<p>From this it is to be inferred that appeals to the -Vatican continued to be numerous, notwithstanding -the provisions made by the Pope to constitute Torquemada -the supreme arbiter in matters of the Faith.</p> - -<p>Articles V to XI are entirely concerned with details -relating to confiscations. These would be of no -particular interest, but that they serve to show how -vast by now was the business of confiscation, since the -manner of conducting it and disposing of confiscated -property should demand so many decrees to govern it.</p> - -<p>Article IV is the only one that may be said to concern -the actual jurisprudence of the Holy Office. -This is intended not so much to soften the rigour as -to remove the inconveniences that might arise out of -Article X of the “Instructions” of 1484.</p> - -<p>By that article it was decreed that confiscation -should be retrospective—<i>i.e.</i> that a heretic’s property -should be confiscate not from the day of the discovery -of his heresy, but from the date of the offence itself. -So that any property that might in the meantime have -been alienated—whether in the ordinary way of -commerce or otherwise—must be considered as the -property of the Holy Office, and was to be seized by -the Holy Office, no matter into whose hands it might -meanwhile have passed. -<span class="pagenum" id="Page_234">234</span></p> - -<p>Such a decree, as will be seen, was proving a -serious hindrance to trade; for it became unsafe to -purchase anything from any one, since should either -party to the transaction subsequently be discovered to -have fallen into the sin of heresy prior to that transaction, -the other would be stripped of the acquired -property, and might be subjected to the entire loss. -Moreover, as proceedings were taken against the dead, -and as there was no limit imposed upon the retrospection -allowed to inquisitors, no man could account -himself safe from confiscations incurred through the -sin of some other from whom he or his forbears had -acquired the property.</p> - -<p>The vagueness of this article urgently demanded -amending, and this was the purpose of Article IV of -the “Instructions” of 1485. It decreed that all contracts -concluded before 1479 should be accounted valid, -although it might come to be discovered against either -of the contracting parties that he was guilty of heresy -at the time of such contract.</p> - -<p>This is the only instance in which we find -Torquemada promulgating a decree to soften the -rigour of any previous enactment, and it is very clear -that it is a decree dictated not by clemency but by -expediency.</p> - -<p>In the event of fraud, or of any one being a party -to a fraud to abuse the privilege conferred by this -article, Torquemada provided that the offender, if -reconciled, should receive a hundred lashes and be -branded on the face with a hot iron; whilst, if not -reconciled—even though he should be a good Catholic—he -must suffer confiscation of all his property.<a id="FNanchor_135" href="#Footnote_135" class="fnanchor">135</a></p> - -<p>To justify the punishment of branding on the face, -the case of Cain is urged as a proper precedent, and -so modern a historian as Garcia Rodrigo does not -hesitate to put this seriously forward.<a id="FNanchor_136" href="#Footnote_136" class="fnanchor">136</a> -<span class="pagenum" id="Page_235">235</span></p> - -<p>Three years later—in 1488—Torquemada found it -necessary to add a further fifteen articles to his “Instructions,” -and we may anticipate a little by briefly -surveying their provisions at this stage.</p> - -<p>Complaints to Rome of the injustices and the -excessive rigour of the inquisitors—a constant feature -of Torquemada’s Grand-Inquisitorship—had by that -time become so numerous that the Pope found it -necessary to order Torquemada to re-edit what -Amador de los Rios very aptly terms his “Code of -Terror.”<a id="FNanchor_137" href="#Footnote_137" class="fnanchor">137</a></p> - -<p>The chief ground of these complaints had concerned -the delays that so commonly occurred in -bringing an accused to trial. When a prisoner’s -acquittal ultimately chanced to take place, it was -after a long term of imprisonment for which there -was no compensation or redress; and when the -person so treated was a man of position and influence, -it is natural that he would protest strongly -against the treatment to which he had been subjected -before it was discovered that no charge could be -sustained against him. The real reason of these -delays must not be supposed to lie in dilatoriness or -sluggishness on the part of the inquisitors. Indeed, -the excessive dispatch with which they conducted -the affairs of their tribunal is a matter to the scandal -of which Llorente draws attention more than once—and -particularly in the course of chronicling the fact -that in the year of its introduction into Toledo this -court dealt—as we shall see—with no less than some -3,300 cases, 27 of the accused being burnt and the -remainder penanced in various degrees. He protests -with reason that it is utterly impossible that at such a -rate of procedure evidence can properly have been -sifted and any sort of justice done.</p> - -<p>Where delays took place they were the result of -the extreme reluctance on the part of the Holy Office -to allow any to go free upon whom its talons had once -<span class="pagenum" id="Page_236">236</span> -fastened. Thus, when even the slight degree or -evidence necessary to enable the inquisitors to convict -was lacking, they would delay in the daily hope that -such evidence might be forthcoming, and by repeated -examinations they would meanwhile seek to force the -unfortunate prisoner into contradictions that should -justify them in resorting to torture.</p> - -<p>In view of the explicit pontifical command, Torquemada -was compelled to amend this state of things, -at least in theory, by decreeing (Article III) that there -should be no delays in proceeding to trial through -lack of proof. Where proof was lacking, the accused -should at once be restored to liberty, since he could -at any time—when fresh proof was forthcoming—be -rearrested.</p> - -<p>Similarly, with a view of expediting trials, he -ordered (Article IV) that since in all the courts of the -Inquisition there were not the necessary lawyers, -henceforth, when a case was completed, the <i>dossier</i> -of the proceedings should be sent to the Grand -Inquisitor himself, and he would then submit it to -the lawyers of the Suprema, who would advise -upon it.</p> - -<p>But he amply made up for what softening of -rigour might be contained in these articles by the -greater severity enjoined in some of the other decrees -which he embodied in these “Instructions” of 1488.</p> - -<p>Finding that the inquisitors of Aragon had been -departing from certain of his enactments of 1484, -diluting them with the weaker rules that had obtained -under the old Inquisition in that kingdom, he commanded -that all inquisitors should proceed in strict -obedience to the statutes contained in the past “Instructions.”</p> - -<p>He provided (Article V) that the inquisitors should -themselves visit the prisons once in every fortnight, -but that no outsiders should be permitted to communicate -with the prisoners, save of course the priests -who would go to comfort them. To the end that a -<span class="pagenum" id="Page_237">237</span> -still greater secrecy should be observed in the trials, he -commanded (Article VI) that when the depositions of -the witnesses were being taken none should be present -other than those who were by law absolutely necessary; -and he enjoined (Article VII) the safe and secret custody -of all documents relating to the cases tried.</p> - -<p>We are left to gather that the harshness of his -enactment concerning the children of heretics had -been tempered a little by a natural humane pity which -did not at all commend itself to the pitiless Grand -Inquisitor; for we now find him (Article XI) enjoining -inquisitors to take care that the decree forbidding -those unfortunates the use of gold and silver and fine -garments, and disqualifying them from honourable -employment, should be rigorously enforced.</p> - -<p>He provided (Article XIII) that all the expenses of -the Holy Office—which must have been enormous by -now, considering to what vast proportions he had -developed that organization—should be defrayed out -of confiscated property before this was surrendered to -the Royal treasury; and further (Article XV), that all -appointed notaries, fiscals, and constables should discharge -their functions in person and not by deputy.</p> - -<p>The most interesting of these statutes of 1488, in -consequence of the information it conveys on the -subject of the activities of the Inquisition and the -enormous scale of the prosecutions upon which it was -engaged, is contained in Article XIV. The prisons of -Spain were becoming so crowded, and the expense -of maintaining the prisoners was imposing so heavy -a tax upon the Holy Office, that it had become -urgently necessary to make some fresh provision that -would relieve this burden. Therefore, as this article -sets forth, Torquemada enjoined the Sovereigns to -order the building in every district of the Inquisition -of a quadrangular enclosure of small houses (<i>casillas</i>) -for the residence of those sentenced to the penance of -imprisonment. These houses were to be so contrived -that the penitents might pursue in them their business -<span class="pagenum" id="Page_238">238</span> -or trade and earn their own livelihood, thus relieving -the Inquisition of the heavy expense of supporting -them. Each of these quadrangular penitentiaries—for -this is the origin of the term—was to be equipped with -its own chapel.<a id="FNanchor_138" href="#Footnote_138" class="fnanchor">138</a> -<span class="pagenum" id="Page_239">239</span></p> - -<h2 id="CHAPTER_XVI">CHAPTER XVI<br /> - -<span class="medium">THE INQUISITION IN TOLEDO</span></h2> - -<p>Llorente, the historian of the Spanish Inquisition, -and M. Fidel Fita, the distinguished contributor to -the “Boletin de la Real Academia de la Historia,” -both had access to and both made use of a record left -by the licentiate Sebastian de Orozco, an eyewitness -of the establishment of the Inquisition in Toledo. -This has been printed verbatim by M. Fidel Fita.<a id="FNanchor_139" href="#Footnote_139" class="fnanchor">139</a></p> - -<p>The details afforded by Orozco are so circumstantial -that it is worth while to follow them closely, -since they may be said to afford a typical picture of -what was happening not only in the city with which -they are concerned, but throughout the whole of -Spain.</p> - -<p>It was in May of the year 1485 that the Inquisition -was first set up in Toledo, that noble city -erected upon a rock that rises sheer from the swirling -waters of the Tagus, and is crowned by the royal palace -which still bears the Moorish name of Alcazar. It was -transferred thither, by Torquemada’s orders, from -Villa Real, where it had been operating for some -months.</p> - -<p>“To the end that our Infinite Redeemer Jesus -Christ be praised in all that He does, and for the -greater power of His Holy Catholic Faith,” writes -Orozco, “know all who shall come after us that in the -year 1485, in the month of May, the Holy Inquisition -against heretical pravity was sent to this very noble -City of Toledo by our very enlightened Sovereigns, -Don Fernando and Donna Isabella.... Of this -Inquisition were administrators Vasco Ramirez de -Ribera, Archdeacon of Talavera, and Pedro Dias de -la Costana, Licentiate of Theology, and with them -one of the Queen’s Chaplains as fiscal and prosecutor, -and one Juan de Alfaro, a patrician of Seville, as chief -constable (<i>alguazil</i>), and two notaries.”</p> - -<p>The licentiate Pedro Dias de la Costana preached -to the people on the third day of Pentecost (Tuesday, -May 24), notifying them of the papal bull under which -the inquisitors were acting and of the power vested in -these inquisitors to deal with matters of heresy; pronouncing -greater excommunication against any who -by word or deed or counsel should dare to oppose the -Inquisition in the execution of its duty.</p> - -<p>At the conclusion of his announcement the -Gospels and a crucifix were brought, and upon these -all were required to make solemn oath of their desire -to serve God and the Sovereigns, to uphold the -Catholic Faith, and to defend and shelter the administrators -of the Holy Inquisition.</p> - -<p>Lastly the licentiate published the usual edict of -grace for self-delators. He summons all Judaizers to -return to the Faith and become reconciled to the -Church within a term of forty days, as set forth by -the edict itself, which by his orders was nailed to the -door of the Cathedral.</p> - -<p>A week elapsed without any response to this -summons. The <i>conversos</i> of Toledo had been preparing -to resist the introduction of the Inquisition to -their city, and under the guidance of one De la Torre -and some others they had already matured their plans -and laid down the lines which this resistance was to -take.</p> - -<div id="i_240" class="figcenter"> -<img src="images/i_240.jpg" alt="" /> -<p class="small"><i>Photo by Donald Macbeth.</i></p> - -<p class="caption">THE AUTO DE FÉ.<br /> -From Limborch’s “Historia Inquisitionis.”</p> -</div> - -<p>The plot was—according to Orozco, who, you will -have gathered, was an ardent partisan of the Holy -Office—that on the feast of Corpus Christi, which fell -<span class="pagenum" id="Page_240">240</span> -<span class="pagenum" id="Page_241">241</span> -that year on June 2, the conspirators should be armed to -lie in wait for the procession, falling upon it as it was -advancing through the streets, and slaying the inquisitors -and their defenders. That done, they were -to seize the gates of the city and hold Toledo against -the King.</p> - -<p>The fine strategic position of the city might have -lent itself to so daring a scheme, and presumably the -aim of the New-Christians would have been to hold it -rebelliously until accorded terms of capitulation that -should guarantee the immunity of the rebels from -all punishment, and the immunity of Toledo itself -from the jurisdiction of the Holy Office. But, on the -whole, it was so very crack-brained a conspiracy that -we are more than justified in doubting whether it ever -had any real existence.</p> - -<p>“It pleased our Redeemer,” says Orozco, “that -this conspiracy was discovered on the eve of Corpus -Christi.” He does not satisfy our curiosity as to how -the discovery was made, and the omission increases -our doubts.</p> - -<p>The details, we are told, were derived from several -of the plotters who were arrested on that day by the -Corregidor of Toledo, Gomes Manrique. In view -of the information thus obtained, Manrique proceeded -to capture De la Torre and four of his friends. One of -these captives, a cobbler named Lope Mauriço, the -Corregidor hanged out of hand on the morning of the -festival, before the procession had issued from the -Cathedral. The act may have been intended as a -deterrent to any who still entertained the notion of putting -the plot into execution.</p> - -<p>The procession passed off without any disturbances; -and having hanged another of his prisoners Manrique -subjected the remainder to heavy fines, whereby they -escaped far more lightly than if they had been tried -by the court of the Holy Office. Fortunately for themselves, -it was deemed that their offence was one that -came within the jurisdiction of the secular courts. -<span class="pagenum" id="Page_242">242</span></p> - -<p>Soon thereafter, possibly because they now realized -that they had nothing left to hope for, self-delators began -to come before the inquisitors to solicit reconciliation.</p> - -<p>But when the term of the edict had expired, it -was found that the indefatigable Torquemada had -prepared a second one to supplement it. He ordered -the publication of an entirely fresh measure, commanding -that all who knew of any heretics, apostates, or -Judaizers, must, under pain of excommunication and -of being deemed heretics themselves, divulge to the -inquisitors the names of such offenders within a term -of sixty days.</p> - -<p>There was already in existence an enactment of -the Inquisition, which instead of offering, as in all -times has been done by secular tribunals, a reward -for the apprehension of fugitives from justice, imposed -upon those who neglected spontaneously to set about -that catchpoll work when the occasion arose, a fine -of 500 ducats in addition to excommunicating them. -But Torquemada’s fresh measure went even beyond -that. Nor did it end with the edict we have mentioned. -When the sixty days expired, he ordered -the prolongation of the term by another thirty days—not -only in Toledo, but also in Seville, where he had -commanded the publication of the same edict—and -now came the cruellest measure of all. He commanded -the inquisitors to summon the Rabbis of the synagogues -and to compel them to swear according to -the Mosaic Law that they would denounce to the -inquisitors any baptized Jew whom they found returning -to the Jewish cult, and he made it a capital offence -for any Rabbi to keep such a matter secret.</p> - -<p>Not even now did he consider that he had carried -far enough this infamous measure of persecution. He -ordained that the Rabbis should publish in their -synagogues an edict of excommunication by the -Mosaic Law against all Jews who should fail to -give information to the inquisitors of any Judaizing -whereof they might have knowledge. -<span class="pagenum" id="Page_243">243</span></p> - -<p>In this decree we catch a glimpse of the intensity -of the fanatical, contemptuous hatred in which Torquemada -held the Israelites. For nothing short of blended -hatred and contempt could have inspired him so to -trample upon the feelings of their priests, and to compel -them under pain of death to a course in which they -must immolate their self-respect, violate their consciences, -and render themselves odious in the esteem -of every right-thinking Jew.</p> - -<p>By this unspeakable enactment the very Jews -themselves were pressed into the secret service of -the Inquisition, and compelled by the fear of spiritual -and physical consequences to turn informers against -their brethren.</p> - -<p>“Many,” says Orozco, who no doubt considered -it a measure as laudable as it was fiendishly astute, -“were the men and women who came to bear -witness.”</p> - -<p>Arrests commenced at once, and were carried on -with an unprecedented activity revealed by the records -of the Autos that were held, which Orozco has -preserved for us.</p> - -<p>And already fire had been set to the faggots piled -at the stake of Toledo, for the first victims had soon -fallen into the eager hands of the Inquisitors of the -Faith.</p> - -<p>These were three men and their three wives, -natives of Villa Real, who had fled thence when first -the inquisitors had set up their tribunal there. They -reached Valencia safely, purchased there a yawl, -equipped it, and set sail. They were on the seas for -five days, when, of course, “it pleased God to send -a contrary wind, which blew them back into the port -from which they had set out”—and thus into the -hands of the benign inquisitors, so solicitous for the -salvation of their souls. They were arrested upon -landing, and brought to Toledo, whither the tribunal -had meanwhile been transferred. They were tried; -their flight confirmed their guilt; and so—<i>Christi -<span class="pagenum" id="Page_244">244</span> -nomine invocato</i>—they were burnt by order of the -inquisitors.</p> - -<hr class="tb" /> - -<p>As a result of the self-delations the first great -Auto de Fé was held in Toledo on the first Sunday -in Lent (February 12), 1486. The reconciled of seven -parishes, numbering some 750 men and women, were -taken in procession and submitted to the penance -known as <i>verguenza</i>—or “shame”—which, however -humiliating to the Christian, was so hurtful to the -pride of the Jew (and no less to that of the Moor) -that he would almost have preferred death itself. It -consisted in being paraded through the streets, men -and women alike, bareheaded, barefooted, and naked -to the waist.</p> - -<p>At the head of the procession, preceded by the -white cross, and walking two by two, went a section -of the Confraternity of St. Peter the Martyr—the -familiars of the Holy Office—dressed in black, with -the white cross of St. Dominic displayed upon their -cloaks. After them followed the horde of half-naked -penitents, cruel physical discomfort being added to -their mental torture, for the weather was so raw and -cold that it had been considered expedient to provide -them with sandals, lest they should have found it -impossible to walk.</p> - -<p>In his hand each carried a candle of green wax—unlighted, -to signify that as yet the light of the Faith -did not illumine his soul. Anon, when they should -have been admitted to reconciliation and absolution, -these candles would be lighted, to signify that the light -of the Faith had once more entered their hearts—light -being the symbol of the Faith, just as “light” -and “faith” have become almost convertible terms.</p> - -<p>Orozco informs us that among the penitents were -many of the principal citizens of Toledo, many persons -of eminence and honour, who must deeply have felt -their shame at being paraded in this fashion through -crowded streets, that they might afford a salutary -<span class="pagenum" id="Page_245">245</span> -spectacle to the multitude which had assembled in -Toledo from all the surrounding country districts. To -ensure this good attendance the Auto had been proclaimed -far and wide a fortnight before it was held.</p> - -<p>The chronicler of these events tells us that many -and loud were the lamentations of these unfortunates. -But it is very plain that their condition did not move -his pity, for he expresses the opinion that their grief -was rather at the dishonour they were suffering than—as -it should have been—because they had offended -God.</p> - -<p>The procession wound its way through the principal -streets of the city, and came at last to the Cathedral. -At the main doors stood two chaplains, who with -their thumbs made the sign of the cross on the brow -of each penitent in turn, accompanying the action by -the formula: “Receive the Sign of the Cross which -you denied, and which, being deluded, you lost.”</p> - -<p>Within the Cathedral two large scaffolds had been -erected. The penitents were led to one of these, where -the reverend inquisitors waited to receive them. On -the other an altar had been raised, surmounted by the -green cross of the Inquisition, and as soon as all the -penitents were assembled, the crowd of holiday-makers -being closely packed about the scaffolds, Mass was -celebrated and a sermon of the Faith was preached.</p> - -<p>This being at an end, the notary of the Holy -Office rose and called over the long roll of the -penitents, each answering to his name and hearing -his particular offence read out to him. Thereafter the -penance was announced. They were to be whipped -in procession on each of the following six Fridays, -being naked to the waist, bareheaded and barefooted; -they were to fast on each of those six Fridays, and -they were disqualified for the rest of their lives from -holding office, benefice, or honourable employment, -and from using gold, silver, precious stones, or fine -fabrics in their apparel.</p> - -<p>They were warned that if they relapsed into error, -<span class="pagenum" id="Page_246">246</span> -or failed to perform any part of the penance imposed, -they would be deemed impenitent heretics and abandoned -to the secular arm; and upon that grim warning -they were dismissed.</p> - -<p>On each of the following six Fridays of Lent they -were taken in procession from the Church of San -Pedro Martir to a different shrine on each occasion, -and when at last they had completed this humiliating -penance it was further ordained that they should give -“alms” to the extent of one-fifth of the value of their -property, to be applied to the holy war against the -infidels of Granada.</p> - -<hr class="tb" /> - -<p>Scarcely are the penitents of this Auto disposed of—the -last procession took place on March 23—than the -second Auto was held.</p> - -<p>This occurred on the second Sunday in April, and -486 men and women were penanced on this occasion, -the procedure and the penance imposed being the -same.</p> - -<p>At Whitsuntide of that year a sermon of the Faith -was preached by the inquisitor Costana, whereafter an -edict was publicly read and nailed to the Cathedral -door, summoning all who had fled to surrender themselves -to the Holy Office within ninety days, under -pain of being sentenced as contumaciously absent. -Among those cited there were, we learn, several -clerics, including three Jeronymite friars.</p> - -<p>Finally, on the second Sunday in June—the 11th -of that month—we have the last Auto within the period -of grace. In this the penitents of four parishes, -numbering some 750 persons, were conducted to -reconciliation under precisely the same conditions as -had already been observed in the two previous Autos. -<span class="pagenum" id="Page_247">247</span></p> - -<h2 id="CHAPTER_XVII">CHAPTER XVII<br /> - -<span class="medium">AUTOS DE FÉ</span></h2> - -<p>The Inquisition of Toledo had now to deal with -heretics who must be considered impenitent, since -they had not availed themselves of the benign leniency -of the Church and spontaneously sought the reconciliation -offered. From this moment the proceedings -assume a far more sinister character.</p> - -<p>The first Auto under these altered conditions was -held on August 16, 1486. Among the accused -brought up for sentence were twenty men and five -women, whose offences doomed them to be abandoned -to the secular arm, and one of these was no less a -personage than the Regidor—or Governor—of Toledo, -a Knight-Commander of the Order of Santiago.</p> - -<p>They were brought forth from the prison of the -Inquisition at a little before six o’clock on that summer -morning, arrayed in the yellow <i>sanbenito</i> and <i>coroza</i>. -Each <i>sanbenito</i> bore an inscription announcing the -name of the wearer and the nature of his offences -against the Faith, and they were smeared in addition -with grotesque red images of dragons and devils. A -rope was round the neck of each prisoner, and his -hands were pinioned with the other end of it. In -his hands, thus bound, he carried the unlighted candle -of green wax.</p> - -<p>Thus they were led in procession through the -streets, the procession being headed as usual by a -posse of familiars of the Confraternity of St. Peter -the Martyr—the Soldiers of the Faith—and preceded -<span class="pagenum" id="Page_248">248</span> -now by the green cross of the Inquisition, which was -shrouded in a mourning veil of black crape.</p> - -<p>The green cross did not merely symbolize, by its -colour, constancy and eternity, but it was fashioned -as if of freshly-cut boughs, to represent living wood, -the emblem of the true faith in contradistinction to the -withered branches that are to be flung into the fire.<a id="FNanchor_140" href="#Footnote_140" class="fnanchor">140</a></p> - -<p>Following the Soldiers of the Faith, under a -canopy of scarlet and gold, borne by four acolytes -and preceded by a bell-ringer, came the priest who -was to celebrate the Mass, in the crimson chasuble -prescribed by the liturgy for these dread solemnities. -He bore the Host, and as he advanced the multitude -sank down upon their knees, beating their breasts to -the clang of the bell.</p> - -<p>Behind the canopy walked another posse of -familiars, and after these again followed the doomed -prisoners, each attended by two Dominican brothers -in their white cassocks and black cloaks, fervently -exhorting those who had not yet confessed to do so -even at this late hour.</p> - -<p>The constables of the Holy Office and the men-at-arms -of the secular authorities flanked this section -of the procession, shouldering their glittering halberts.</p> - -<p>They were closely followed by a group of men -who bore aloft, swinging from long green poles, the -effigies of those who were to be sentenced as contumaciously -absent—horribly grotesque mannequins -of straw with painted faces and bituminous eyes, -tricked out in the <i>sanbenitos</i> and <i>corozas</i> that should -have adorned the originals had not these remained -fortunately at large.</p> - -<p>Next, mounted upon mules in trailing funereal -trappings, rode the reverend inquisitors, attended -by a group of mounted gentlemen in black, the white -cross upon their breasts announcing them as familiars -of the Holy Office, the officers of the tribunal. -<span class="pagenum" id="Page_249">249</span></p> - -<p>They were immediately preceded by the banner -of the Inquisition, displaying in an oval medallion -upon a sable ground the green cross between an -olive-branch (dexter) and a naked sword (sinister). -The olive-branch, emblem of peace, symbolized the -readiness of the Inquisition to deal mercifully with -those who by true repentance and confession were -disposed to reconcile themselves with Holy Mother -Church. The mercy of which so much parade was -made might consist, as we know, of strangulation -before burning, or, at best, of perpetual imprisonment, -the confiscation of property, and infamy extending to -the children and grandchildren of the condemned.</p> - -<p>The sword, on the other hand, announced the -alternative. Garcia Rodrigo says that it proclaimed -the Inquisition’s tardiness to smite. If so, it is a -curious symbol to have chosen for such a purpose; -but in any case the tardiness is hardly perceptible to -the lay vision.</p> - -<p>The procession was closed by the secular justiciary -and his <i>alguaziles</i>.</p> - -<p>In this order that grim cortège advanced to the -Cathedral Square. Here two great scaffolds were -draped in black for the ceremony—blasphemously -called an Act of Faith.</p> - -<p>The prisoners were conducted to one of these -scaffolds and accommodated upon the benches that -rose from it in tiers, the highest being always reserved -for those who were to be abandoned to the secular -arm—to the end, we suppose, that they should be fully -in the view of the multitude below. Each of the -accused sat between two Dominican friars. The poles -bearing the effigies were placed so that they flanked -the benches.</p> - -<p>On the other scaffold, on which an altar had been -raised and chairs set for the inquisitors, these now -made their appearance, accompanied by the notaries -and fiscal and attended by their familiars.</p> - -<p>The shrouded green cross was placed upon the -<span class="pagenum" id="Page_250">250</span> -altar, the tapers were lighted, the thurible kindled, and -as a cloud of incense ascended and spread its sweetly -pungent odour the Mass began.</p> - -<p>At the conclusion a sermon of the Faith was -preached, wherein the sins of the accused were denounced, -and those who had incurred the penalty of -being abandoned to the secular arm were exhorted -fervently to repent and make their peace with Holy -Mother Church that they might save their souls from -the damnation into which, otherwise, it was the -Inquisition’s business to hurry them.</p> - -<p>As the preacher ceased, the notaries of the Holy -Office of Toledo proceeded to the business of reading -out the crime of each accused, dwelling in detail upon -the particular form which his Judaizing was known to -have taken. As the name of each was called, he was -brought forward, and placed upon a stool,<a id="FNanchor_141" href="#Footnote_141" class="fnanchor">141</a> whilst the -reading of the lengthy sentence took place.</p> - -<p>It requires no great imaginative effort to form a -mental picture of these proceedings, and of the poor -livid wretch, horror-stricken and bathed in the sweat -of abject terror which that long-drawn agony must -have extorted from the stoutest, sitting there, perhaps -half-dazed already by the merciful hand of Nature, in -the glaring August sun, under the stare of a thousand -eyes, some pitiful, some hateful, some greedy of the -offered spectacle. Or it might be some poor half-swooning -woman, steadied by the attendant Dominicans, -who seek to support her fainting courage, to -mitigate her unutterable anguish with comfortless -words that hold out the promise of pitiless mercy.</p> - -<p>And all this, <i>Christi nomine invocato!</i></p> - -<p>The reading of the sentence is at an end. It concludes -with the formula that the Church, being unable -to do more for the offender, casts him out and abandons -him to the secular arm. Lastly comes the mockery -of that intercession, <i>efficaciter</i>—to preserve the inquisitors -from irregularity—that the secular justice shall -<span class="pagenum" id="Page_251">251</span> -so deal with him that his blood may not be shed, and -that he may suffer no hurt in life or limb.</p> - -<p>Thereupon the doomed wretch is removed from -the scaffold; the <i>alguaziles</i> of the secular justiciary -seize him; the Regidor mutters a few brief words of -sentence, and he is thrust upon an ass and hurried -away, out of the city to the burning-place of La Dehesa.</p> - -<p>A white cross has been raised in this field, where -twenty-five stakes are planted with the faggots piled -under each, and a mob of morbid sightseers surges, -impatient to have the spectacle begin.</p> - -<p>The condemned is bound to the stake, and the -Dominicans still continue their exhortations. They -flaunt a crucifix before his dazed, staring eyes, and -they call upon him to repent, confess, and save his -soul from Eternal Hell. They do not leave him until -the fire is crackling and the first cruel little tongues of -bluish flame dart up through the faggots to lick the -soles of his naked feet.</p> - -<p>If he has confessed, wrought upon by spiritual or -physical terror, the Dominican makes a sign, and the -executioner steps behind the stake and rapidly strangles -the doomed man. If his physical fears have not -sufficed to conquer his religious convictions, if he -remains firm in his purpose to die lingeringly, horribly, -a martyr for the faith that he believes to be the only -true one, the Dominican withdraws at last, baffled by -this “wicked stubbornness,” and the wretch is left to -endure the terrible agony of death by slow fire.</p> - -<p>Meanwhile, under that limpid sky—<i>Christi nomine -invocato</i>—the ferocious work of the Faith goes on; -accused succeeds accused to hear his or her sentence -read, until the last of the twenty-five victims has been -surrendered to the tireless arm of the secular justice. -In the meadows of La Dehesa there is such a blaze of -the fires of the Faith, that it might almost seem that -the Christians have been avenging upon their enemies -those human torches which an enemy of Christianity is -alleged to have lighted once in Rome. -<span class="pagenum" id="Page_252">252</span></p> - -<p>Six mortal hours, Orozco informs us, were consumed -in that ghastly business,<a id="FNanchor_142" href="#Footnote_142" class="fnanchor">142</a> for the Court of the Holy -Office must in all things proceed with stately and -pompous leisureliness, with that calm equanimity -enjoined by the “Directorium”—<i>simpliciter et de plano</i>—lest -by haste it should fall into the unpardonable -offence of irregularity.</p> - -<p>Not until noon did the proceedings conclude with -the hurrying away to La Dehesa of the last of those -twenty-five.</p> - -<p>The inquisitors and their followers descended at -length from their scaffold, and withdrew to the Casa -Santa to rest them from these arduous labours of -propagating Christianity.</p> - -<p>There was more to be done upon the morrow—very -important business, demanding an entirely different -ceremonial, wherefore it had been set apart and allotted -a day to itself.</p> - -<p>The accused on this occasion were only two, but -they were two clerics. One was the parish priest of -Talavera; the other occupied the distinguished position -of a royal chaplain. Both had been found guilty of -Judaizing. They were conducted to the Auto in full -canonicals, as if about to celebrate Mass, each carrying -his veiled chalice. Led to the scaffold of the condemned, -they found themselves confronted from the -other scaffold not only by the inquisitors and their -attendants and familiars, but further by the Bishop, who -was attended by two Jeronymites—the Abbot of the -Convent of St. Bernard and the Prior of the Convent -of Sisla.</p> - -<p>The notary of the Holy Office read out the crimes -of the accused, and pronounced them cast out from -the Church. Thereupon each was brought in turn -before the Bishop, who proceeded to degrade him, -since the law could not without sacrilege lay violent -hands upon an ecclesiastic.</p> - -<p>Beginning by depriving each of his chalice, the -<span class="pagenum" id="Page_253">253</span> -Bishop passed on to divest the priestly offender of -his chasuble; stole, maniple, and alb were removed -in succession, the Bishop pronouncing the prescribed -formula for each stage of the degradation, and defacing -the tonsure by clipping away a portion of the surrounding -fringe of hair.</p> - -<p>At last the doomed clerics stood stripped of all -insignia of their office. And now the <i>sanbenito</i>—that -chasuble of infamy—was flung upon the shoulders of -each; their heads were crowned with the tragically -grotesque <i>coroza</i>, a rope was put about each neck, and -their hands were pinioned. The sentence was fulfilled -at last by their being abandoned to the secular -authorities, who seized them and bore them away -to the stake.</p> - -<hr class="tb" /> - -<p>On Sunday, October 16, a proclamation was read -in the Cathedral, pronouncing several deceased persons -to have been heretics, and setting forth that, although -dead themselves, their reputations lived as those of -Christians. Therefore it became necessary to publish -their heresy, and their heirs were summoned to appear -within twenty days and render to the inquisitors an -account of their inheritances, from the enjoyment of -which they were disqualified, since all property that -had belonged to the deceased was, by virtue of -Torquemada’s decree, confiscate to the royal treasury.</p> - -<hr class="tb" /> - -<p>On December 10 900 persons were admitted to public -reconciliation. They were self-delators from remote -country districts who had responded to a recent edict -of grace published in those districts.</p> - -<p>The notary announced the forms of Judaizing of -which each had been guilty and proclaimed it as their -intention henceforth to live and die in the faith of -Christ. He then read out the Articles of Faith, and -they were required to say “I believe” after each, and -lastly to make oath upon the Gospels and the crucifix -never again to fall into the error of Judaism, to denounce -<span class="pagenum" id="Page_254">254</span> -any whom they knew to be Judaizers, and -ever to favour and uphold the Holy Inquisition and -the Holy Catholic faith.</p> - -<p>The penance imposed was that they should be -scourged in procession for seven Fridays, and thereafter -on the first Friday of every month for a year. -This in their own districts. In addition, they were -required to come to Toledo and be scourged in procession -on the Feast of St. Mary of August and on -the Thursday of Holy Week. Two hundred of them -were further ordered to wear a <i>sanbenito</i> over their -ordinary garments for a year from that date, and never -to appear in public without it under pain of being -deemed impenitent and punished as relapsed.</p> - -<p>Another 700 came to be reconciled on January 15, -1487, and yet another 1,200 on March 10. These -last, Orozco says, were from the districts of Talavera, -Madrid, and Guadalajara; and he adds that some -amongst them were penanced to the extent of being -condemned to wear the <i>sanbenito</i> for the remainder of -their lives.</p> - -<p>In the Auto of May 7 fourteen men and nine women -were burnt. Amongst the former was a Canon of -Toledo who was accused of horrible heresies, and who, -writes Orozco, had confessed under torture to abominable -subversions of the words of the Mass. Instead of the -prescribed formula of the consecration, he had stated -that he was in the habit of uttering the absurd and -almost meaningless gibberish—“Sus Periquete, que -mira la gente.”</p> - -<p>On the following day there was held a supplementary -Auto, especially for the purpose of dealing -with deceased and fugitive heretics, conducted with a -ceremony of an unusual and singularly theatrical order, -which is not so much typical—as are the other Autos -described—of what was taking place throughout Spain, -as indicative of a morbid inventiveness on the part of -the Toledan inquisitors.</p> - -<p>On the scaffold usually occupied by the accused a -<span class="pagenum" id="Page_255">255</span> -sepulchral monument of wood had been erected and -draped in black. As each accused was cited by the -notary, the familiars opened the monument and drew -out the effigy of the dead man dressed in the grave-clothes -peculiar to the Jews.</p> - -<p>To this dummy of straw the detailed account of his -crimes and the sentence of the court whereby he was -condemned as a heretic were solemnly read out. When -all the condemnations had thus been proclaimed, the -effigies were flung into a bonfire that had been kindled -in the square; and together with the effigies went the -bones of the deceased, which had been exhumed to -that end.</p> - -<p>After that the next Auto of importance was held -on July 25, 1488, when twenty men and seventeen -women were sent to the stake, with a supplementary -Auto upon the morrow in which they burnt the effigies -of over a hundred dead and fugitive heretics.</p> - -<p>And so it goes on, as recorded by the licentiate -Sebastian Orozco, and cited by Llorente<a id="FNanchor_143" href="#Footnote_143" class="fnanchor">143</a> and Fidel -Fita.<a id="FNanchor_144" href="#Footnote_144" class="fnanchor">144</a> From now onwards the burnings increase in -number. Indeed, all edicts of grace having expired, -and no new ones being permissible, sentencing to the -flames—through the medium of the secular arm—and -to perpetual imprisonment becomes the chief business -of the Inquisition in Toledo and elsewhere.</p> - -<p>The <i>sanbenitos</i> of the burnt were preserved in the -churches of the parishes where they had lived. They -were hung in these churches as banners won in battle -are hung—trophies of victory over heresy. -<span class="pagenum" id="Page_256">256</span></p> - -<h2 id="CHAPTER_XVIII">CHAPTER XVIII<br /> - -<span class="medium">TORQUEMADA AND THE JEWS</span></h2> - -<p>During that first year of the Inquisition’s establishment -in Toledo, twenty-seven persons there convicted -of Judaizing were burnt and 3,300 were penanced. -And what was taking place in Toledo was taking -place in every other important city in Spain.</p> - -<p>Numerous now and vehement were the protests -against the terrible and excessive rigour of Torquemada. -Already, upon the death of Pope Sixtus IV, -a vigorous attempt had been made by some Spaniards -of eminence to procure the deposition of the Prior of -Holy Cross from the office of Grand Inquisitor. It -was argued that as his appointment had been made -by Sixtus, so it was automatically determined by that -Pope’s decease. But whatever hopes may have been -founded upon such an argument were very quickly -overthrown. Innocent VIII, as we have already seen, -not only confirmed Torquemada in his office, but considerably -increased his powers and the scope of his -jurisdiction.</p> - -<p>Indeed, not only was he given jurisdiction over all -the Spains, but Innocent’s bull of April 3, 1487, <i>motu -proprio</i>, commanded all Catholic princes that, upon -being requested by the Grand Inquisitor so to do, -they should arrest any fugitives he might indicate and -send them captive to the Inquisition under pain of -excommunication.<a id="FNanchor_145" href="#Footnote_145" class="fnanchor">145</a> -<span class="pagenum" id="Page_257">257</span></p> - -<p>Notwithstanding the threat by which it was backed, -this command from the Vatican appears to have been -generally disregarded by the Governments of Europe.<a id="FNanchor_146" href="#Footnote_146" class="fnanchor">146</a></p> - -<p>That such a bull should have been solicited gives -us yet another glimpse of the terrible rancour against -the Jews which fanaticism had kindled in the soul of -Torquemada. Had his aim been merely, as expressed, -to weed the tares of heresy from the Catholic soil of -Spain, the self-imposed exile of those wretched fugitives -would fully have satisfied him, and he would not have -thought it necessary to hound them out of such shelter -as they had found abroad that he might have the -satisfaction of hurling them into the bonfire he had -kindled.</p> - -<p>His position being so greatly strengthened by the -wider and ampler powers accorded to him by the new -Pontiff, Torquemada gave a still freer rein to the -terrible severity of his nature, and thus occasioned -those frequent and very urgent appeals to the -Vatican.</p> - -<p>Many New-Christians who secretly practised Jewish -rites, being repelled from taking advantage of the edict -of grace by the necessity it imposed of undergoing the -horrible <i>verguenza</i> already described, applied now to -the Pontiff for secret absolution. This required special -briefs. Special briefs brought money into the papal -coffers, and procured converts to the Faith. Two -better reasons for granting these requests it would -have been impossible to have urged, and so the Curia -acceded.</p> - -<p>But the result of this curial interference with the -autonomous jurisdiction of the Holy Office in Spain -was to provoke the resentment of Torquemada. -Wrangles ensued between the Grand Inquisitor and -the Pontifical Court—wrangles which may be likened -to those of two lawyers over a wealthy client.</p> - -<p>Torquemada arrogantly demanded that this Roman -protection of heretics should not only cease in future -<span class="pagenum" id="Page_258">258</span> -but be withdrawn where already it had been granted -in the past, and his demand had the full support of -Catholic Ferdinand, who did not at all relish the -spectacle of the gold of his subjects being poured into -any treasury other than his own. Rome, having meanwhile -pocketed the fees, was disposed to be amenable -to the representations of the Catholic Sovereigns and -their Grand Inquisitor; and the Pope proceeded -flagrantly to cancel the briefs of dispensation that had -been granted.</p> - -<p>There was an outcry from the swindled victims. -They protested appealingly to the Pope that they had -confessed their sins against the Faith, and that absolution -had been granted them. Very rightly they urged -that this absolution could not now be rescinded—for -not even the Pope had power to do so much—and -they argued that, being in a state of grace, they could -not now be prosecuted for heresy.</p> - -<p>But they overlooked the retrospective power which—however -unjustifiable by canon or any other law—the -Inquisition had arrogated to itself. By virtue of -this, as we have seen, the inquisitors could take proceedings -even against one who had died in a state of -grace, at peace with Holy Mother Church, if it were -shown that an offence of heresy committed at some -stage of his life had not been expiated in a manner -that the Holy Office accounted condign.</p> - -<p>These protests of the unfortunate Judaizers, who -by their own action had achieved—as they now realized—no -more than self-betrayal, were met by the priestly -answer that their sins had been absolved in the tribunal -of conscience only, and that it still remained for them -to seek temporal absolution in the tribunal of the Holy -Office. This temporal absolution would accord them, -as we know—and as they knew—the right to live in -perpetual imprisonment after the confiscation of their -property and the destitution and infamy of their -children.</p> - -<p>The answer, crafty and sophistical as it was, did -<span class="pagenum" id="Page_259">259</span> -not suffice to silence the protests. Clamorously these -continued, and the Pope, unable to turn a deaf ear -upon them, fearful lest a scandal should ensue, effected -a sort of compromise. With the royal concurrence, -Innocent VIII issued several bulls, each commanding -the Catholic Sovereigns to admit fifty persons to secret -absolution with immunity from punishment. These -secret absolutions were purchased at a high price, and -they were granted upon the condition that in the event -of the re-Judaizing of a person so absolved, he would -be treated as relapsed, the secret absolution being then -published.</p> - -<p>These absolutions were particularly useful in the -case of persons deceased, several of whom, at the petition -of the heirs, were included among the secretly -reconciled—the inheritance being thereby secured from -confiscation.</p> - -<p>Altogether Pope Innocent granted four of these -bulls in 1486.<a id="FNanchor_147" href="#Footnote_147" class="fnanchor">147</a> In the last one issued he left it at the -discretion of the Sovereigns to indicate those who -should be admitted to this grace, and they were permitted -to include the names even of persons against -whom proceedings had already been initiated.</p> - -<p>With what degree of equanimity Torquemada -viewed these bulls of absolution we do not know. But -very soon we shall see him vexed by papal interference -of a fresh character.</p> - -<p>Simoniacal practices were never more rampant in -Rome than under the rule of Innocent VIII. His -greed was notorious and scandalous, and a number of -alert baptized Jews bethought them that this might be -turned to account. They slyly submitted to the Holy -Father that although they were good Catholics, such -was the harshness of the Grand Inquisitor towards -men of their blood that they lived in constant dread -and anxiety lest the mere circumstance of their having -originally been Jews should be accounted a sufficient -reason to bring them under suspicion or should lay -<span class="pagenum" id="Page_260">260</span> -them open to the machinations of malevolent enemies. -Hence they implored his Holiness to grant them the -privilege of exclusion from inquisitorial jurisdiction.</p> - -<p>At a price this immunity was to be obtained; and -soon others, seeing the success that had attended the -efforts of the originators of this crafty idea, were -following their example and setting a drag upon the -swift wheels of Torquemada’s justice.</p> - -<p>That it stirred him to righteous anger is not to be -doubted, however subservient and injured the tone in -which he addressed his protest to the Pontiff.</p> - -<p>Innocent replied by a brief of November 27, 1487, -that whenever the Grand Inquisitor found occasion to -proceed against one so privileged, he should inform -the Apostolic Court of all that might exist against the -accused, so that his Holiness should determine whether -the privilege was to be respected.<a id="FNanchor_148" href="#Footnote_148" class="fnanchor">148</a></p> - -<p>It follows inevitably that if there was heresy, or the -suspicion of it, the Pope must allow the justice of the -Holy Office to run its course. So that the Jews who -had purchased immunity must have realized that they -were dealing with one who understood the science of -economics (and the guile to be practised in it) even -better than did they, famous as they have always been -for clear-sightedness in such matters.</p> - -<hr class="tb" /> - -<p>Meanwhile, with the power that was vested in him, -Torquemada was amassing great wealth from the proportion -of the confiscations that fell to his share. But -whatever his faults may have been, he was perfectly -consistent in them, just as he was perfectly, terribly -sincere.</p> - -<p>Into the sin of pride he may have fallen. We see -signs of it. And, indeed, it is difficult to conceive of -a man climbing from the obscurity of the monastic cell -to the fierce glare of his despotic eminence and remaining -humble at heart. Humble he did remain; but -with that aggressive humility which is one of pride’s -<span class="pagenum" id="Page_261">261</span> -worst forms and akin to self-righteousness—the sin -most dreaded by those who strive after sanctity.</p> - -<p>We know that he unswervingly followed the stern -path of asceticism prescribed by the founder of his -order. He never ate meat; his bed was a plank; his -flesh never knew the contact of linen; his garments -were the white woollen habit and the black mantle of -the Dominican. Dignities he might have had, but he -disdained them. Paramo says<a id="FNanchor_149" href="#Footnote_149" class="fnanchor">149</a> that Isabella sought -to force them upon him, and that, in particular, she -would have procured his appointment to the Archbishopric -of Seville when this was vacated by the -Cardinal of Spain. But he was content to remain the -Prior of Holy Cross of Segovia, as he had been when -he was haled from his convent to direct the affairs of -the Holy Office in Spain. The only outward pomp -he permitted himself was that whenever now he went -abroad he was attended by an escort of fifty mounted -familiars and two hundred men on foot. This escort -Llorente admits<a id="FNanchor_150" href="#Footnote_150" class="fnanchor">150</a> was imposed by the Sovereigns. It -is possible, as is suggested, that it was to defend him -from his enemies, since the death of Arbués had -shown to what lengths the New-Christians were -prepared to go. But it is more probable that this -escort was accepted as an outward sign of the dignity -of his office, and perhaps also to serve the terrorizing -purpose which Torquemada considered so very -salutary.</p> - -<p>That he practised the contempt for worldly riches -which he preached is beyond all doubt. We cannot -discover that any of the wealth that accrued to him -was put to any worldly uses or went in any way to -benefit any member of his family. Indeed, we have -already seen him refusing suitably to dower his sister, -allowing her no more than the pittance necessary to -enable her to enter a convent of the Tertiary Order -of St. Dominic.<a id="FNanchor_151" href="#Footnote_151" class="fnanchor">151</a> -<span class="pagenum" id="Page_262">262</span></p> - -<p>He employed the riches which his office brought -him entirely to the greater honour and glory of the -religion which he served with such terrible zeal. He -spent it lavishly upon such works as the rebuilding -of the Dominican Convent of Segovia, together with -the contiguous church and offices. He built the -principal church of his family’s native town of Torquemada -and half of the great bridge over the River -Pisuerga.<a id="FNanchor_152" href="#Footnote_152" class="fnanchor">152</a></p> - -<p>Fidel Fita quotes an interesting letter of Torquemada’s, -dated August 17, 1490, in which he -thanks the gentry of Torquemada for having sent -him a sumpter-mule, but rather seems to rebuke -the gift.</p> - -<p>“To me,” he writes, “it was not, nor is necessary -to send such things; and it is certain that I should -have sent back the gift but that it might have -offended you; for I, praised be our Lord, possess -nine sumpter-mules, which suffice me.”<a id="FNanchor_153" href="#Footnote_153" class="fnanchor">153</a></p> - -<p>In sending the gift they had asked him for -assistance towards the work being carried out in the -church of Santa Ollala, the contribution he had -already made not having proved sufficient. He -replies regretting that he can do nothing at the -moment, as he is not with the Court, but promises -that upon his return thither he will do the necessary -with the Sovereigns so as to be able to send them the -further funds they require.<a id="FNanchor_154" href="#Footnote_154" class="fnanchor">154</a></p> - -<p>As early as 1482 he began to build at Avila the -church and monastery of St. Thomas. This pleasant -little country town, packed within its narrow red walls -and flanked with towers so that it presents the appearance -of a formidable castle, stands upon rising ground -in the fertile plain that is watered by the River Adaja. -Torquemada built his magnificent monastery beyond -the walls, upon the site of a humbler edifice that had -<span class="pagenum" id="Page_263">263</span> -been erected by the pious D. Maria de Avila. It was -completed by the year 1493, and what moneys came -to him thereafter appear to have gone to the endowment -of this vast convent—a place of handsome, -spacious, cloistered courts and splendid galleries—which -became at once his chief residence, tribunal, -and prison.<a id="FNanchor_155" href="#Footnote_155" class="fnanchor">155</a></p> - -<p>Again his fanatical hatred of the Israelites displays -itself in the condition he laid down—and whose -endorsement he obtained from Pope Alexander VI—that -no descendant of Jew or Moor should ever be -admitted to these walls, upon which he engraved the -legend:</p> - -<p class="center">PESTEM FUGAT HÆRETICAM.<a id="FNanchor_156" href="#Footnote_156" class="fnanchor">156</a></p> - -<p>In this monastery the amplest provisions were -made, not only for the tribunal of the Inquisition, but -also for the incarceration of its prisoners.</p> - -<p>Garcia Rodrigo, anxious to refute the widespread -belief that the prisons of the Inquisition were -unhealthy subterranean dungeons, draws attention to -the airy, sunny chambers here set apart for prisoners.<a id="FNanchor_157" href="#Footnote_157" class="fnanchor">157</a> -It is true enough in this instance, as transpires from -certain records that are presently to be considered.<a id="FNanchor_158" href="#Footnote_158" class="fnanchor">158</a> -But it is not true in general, and it almost seems a -little disingenuous of Garcia Rodrigo to put forward -a striking exception as an instance of the rule that -obtained.</p> - -<p>Whatever the simplicity of Torquemada’s life, and -whatever his personal humility, it would be idle to -pretend that he was not imbued with the pride and -arrogance of his office, swollen by the increase of -power accorded him, until in matters of the Faith he -did not hesitate to dictate to the Sovereigns themselves, -and to reproach them almost to the point of -<span class="pagenum" id="Page_264">264</span> -menace when they were slow to act as he dictated, -whilst it was dangerous for any under Sovereign -rank to come into conflict with the Grand Inquisitor.</p> - -<p>As an instance of this, the case of the Captain-General -of Valencia may be cited. The Inquisition -of Valencia had arrested, upon a charge of hindering -the Holy Office, one Domingo de Santa Cruz, whose -particular offence, in the Captain-General’s view, came -rather within the jurisdiction of the military courts. -Acting upon this opinion, he ordered his troops to -take the accused from the prison of the Holy Office, -employing force to that end if necessary.</p> - -<p>The inquisitors of Valencia complained of this -action to the Suprema, whereupon Torquemada imperiously -ordered the Captain-General to appear -before that council and render an account of what he -had done. He was supported in this by the King, -who wrote commanding the offender and all who had -aided him in procuring the release of Santa Cruz to -submit themselves to arrest by the officers of the -Inquisition.</p> - -<p>Not daring to resist, that high dignitary was -compelled humbly to sue for absolution of the ecclesiastical -censure incurred, and he must have counted -himself fortunate that Torquemada did not subject -him to a public humiliation akin to that undergone by -the Infante of Navarre.</p> - -<p>The brilliant and illustrious young Italian, Giovanni -Pico, Count of Mirandola, had a near escape of falling -into the hands of the dread inquisitor. When Pico -fled from Italy before the blaze of ecclesiastical wrath -which his writings had kindled, Pope Innocent issued a -bull, December 16, 1487, to Ferdinand and Isabella, -setting forth that he believed the Count of Mirandola -had gone to Spain with the intention of teaching in -the universities of that country the evil doctrines -which he had already published in Rome, notwithstanding -that, having been convinced of their error, -he had abjured them. (Another case of the “<i>e pur -<span class="pagenum" id="Page_265">265</span> -si muove</i>” of Galileo.) And since Pico was noble, -gentle, and handsome, amiable and eloquent of speech -(<i>Pseudopropheta est; dulcia loquitur et ad modicum -placet</i>), there was great danger that an ear might be -lent to his teachings. Wherefore his Holiness begged -the Sovereigns that in the event of his suspicions -concerning Pico’s intentions being verified, their highnesses -should arrest the Count, to the end that the -fear of corporal pains might deter him where the fear -of spiritual ones had proved insufficient.</p> - -<p>The Sovereigns delivered this bull to Torquemada -that he might act upon it. But Pico, getting wind of -the reception that awaited him, and having sufficient -knowledge of the Grand Inquisitor’s uncompromising -methods to be alarmed at the prospect, took refuge -in France, where he wrote the apologia of his -Catholicism, which he dedicated to Lorenzo de’ -Medici.<a id="FNanchor_159" href="#Footnote_159" class="fnanchor">159</a></p> - -<hr class="tb" /> - -<p>We have said, on the subject of the Inquisition’s -introduction into Spain, that to an extent and after a -manner this must be considered the most justifiable—by -which we are to be taken to mean the least unjustifiable—of -religious persecutions, inasmuch as it -had no concern save with deserters from the fold of -the Roman Church. Liberty was accorded to all -religions that were not looked upon as heretical—<i>i.e.</i> -that were not in themselves secessions from -Roman Catholicism—and Jew and Moslem had nothing -to fear from the Holy Office. It was only when, after -having received baptism, they reverted to their original -cults, that they rendered themselves liable to prosecution, -being then looked upon as heretics, or, more -properly speaking, as apostates.</p> - -<p>But this point of view, which satisfied the Roman -See, did not at all satisfy the Prior of Holy Cross. -His bitter, fanatical hatred of the Israelites—almost -rivalling that of the Dean of Ecija in the fourteenth -<span class="pagenum" id="Page_266">266</span> -century—urged him to violate this poor remnant of -equity, drove him to overstep the last boundary of -apparent justice, and carry the religious war into the -region of complete and terrible intolerance.</p> - -<p>The reason he advanced was that as long as -the Jews remained undisturbed in the Peninsula, so -long would a united Christian Spain be impossible. -Despite penances, imprisonments, and burnings, the -Judaizing movement went on. New-Christians were -seduced back into the error of the Mosaic Law, whilst -conversion amongst the Jews was checked by respect -for the feelings of those who remained true to their -ancient faith. Nor did the Hebrew offences against -Christianity end there. There were the indignities -to which holy things were subjected at their hands. -There were criminal sacrileges in which—according -to Torquemada—they vented their hatred of the Holy -Christian Faith.</p> - -<p>Such, for instance, was the outrage upon the -crucifix at Casar de Palomero in 1488.</p> - -<p>On Holy Thursday of that year, in this village of -the diocese of Coria, several Jews, instead of being at -home with closed doors at such a season, as the -Christian law demanded, were making merry in an -orchard, to the great scandal of a man named Juan -Caletrido, who there detected them.</p> - -<p>The spy, moved to horror at the mere thought of -these descendants of the crucifiers daring to be at play -upon such a day as that, went to inform several others -of what he had witnessed. A party of young Spaniards, -but too ready to combine the performance of a -meritorious act with the time-honoured sport of Jew-baiting, -invaded the privacy of the orchard, set upon -the Jews, and compelled them to withdraw into their -houses.</p> - -<p>Smarting under this indignity—for, when all is said, -they had been more or less private in their orchard, -and they had intended no offence by their slight -evasion of the strict letter of the law—they related -<span class="pagenum" id="Page_267">267</span> -the event to other members of the synagogue, including -the Rabbi.</p> - -<p>From what ensued it seems plain that they must -there and then have determined to avenge the honour -of their race, which they conceived had been affronted.</p> - -<p>Llorente, basing himself upon the chronicler -Velasquez and the scurrilous anti-Jewish writings of -Torrejoncillo, supposes that their aim was to repeat -as nearly as possible the Passion of the Nazarene -upon one of His Images. That, indeed, may have been -the prejudiced view of the Grand Inquisitor.</p> - -<p>But it is far more likely that, to spite these Christians -who had added this insult to the constant humiliations -they were putting upon the Israelites, the latter should -simply have resolved to smash one of the public symbols -of Christianity. The details of what took place -do not justify the supposition that their intentions went -any deeper.</p> - -<p>On the morrow, which was Good Friday, the -circumstance of the day contributing perhaps to the -more popular version of the story, whilst the Christians -were in church for the service of the Passion, a party -of Jews repaired to an open space known as Puerto -del Gamo, where stood a large wooden crucifix. This -image they shattered and overthrew.</p> - -<p>It is alleged that before finally breaking it they -had indulged in elaborate insult, “doing and saying -all that their rage dictated against the Nazarene.”</p> - -<p>An Old-Christian, named Hernan Bravo, having -watched them, ran to bear the tale of their sacrilegious -deed. The Christians poured tumultuously out of -church, and fell upon the Jews. Three of the latter -were stoned to death on the spot; two others, one -of whom was a lad of thirteen, suffered each the loss -of his right hand; whilst the Rabbi Juan, being taken -as an inciter, was put to the question with a view -to inducing him to confess. But he denied so stoutly -the things he was required to admit, and the inquisitors -tortured so determinedly, that he died upon the rack—an -<span class="pagenum" id="Page_268">268</span> -irregularity this for which each inquisitor responsible -would have to seek absolution at the hands -of the other.</p> - -<p>All those who took part in the sacrilege suffered -confiscation of their property, whilst the pieces of the -crucifix, which had become peculiarly sanctified by -the affair, were gathered up and conveyed to the -Church of Casar, where, upon being repaired, the -image was given the place of honour.<a id="FNanchor_160" href="#Footnote_160" class="fnanchor">160</a></p> - -<p>It is extremely likely that the story of this outrage, -exaggerated as we have seen, would be one of the -arguments employed by Torquemada when first he -began to urge upon the attention of the Sovereigns -the desirability of the expulsion of the Jews. He -would cite it as a flagrant instance of the Jewish -hatred of Christianity, which gave rise to his complaint -and which he contended rendered a united -Spain impossible as long as this accursed race continued -to defile the land. Further, there can be -very little doubt that it would serve to revive and -to lend colour to the old stories of ritual murder -practised by the Jews and provided for by one of -the enactments in the “Partidas” code of Alfonso XI.</p> - -<p>The reluctance of the Sovereigns to lend an ear -to any such arguments is abundantly apparent. Not -Ferdinand in all his bigotry could be blind to the fact -that the chief trades of the country were in the hands -of the Israelites, and to the inevitable loss to Spanish -commerce, then so flourishing, which must ensue on -their banishment. Of their ability in matters of finance -he had practical and beneficial experience, and the -admirable equipment of his army in the present campaign -against the Moors of Granada was entirely due -to the arrangements he had made with Jewish contractors. -Moreover, there was this war itself to engage -the attention of the Sovereigns, and so it was not -possible to lend at the moment more than an indifferent -<span class="pagenum" id="Page_269">269</span> -attention to the fierce pleadings of the Grand -Inquisitor.</p> - -<p>Suddenly, however, in 1490 an event came to light, -to throw into extraordinary prominence the practice of -ritual murder of which the Jews were suspected, and -to confirm and intensify the general belief in the stories -that were current upon that subject. This was the -crucifixion at La Guardia, in the province of La Mancha, -of a boy of four years of age, known to history as -“the Holy Child of La Guardia.”</p> - -<p>A stronger argument than this afforded him for -the furtherance of his aims Torquemada could not -have desired. And it is probably this circumstance that -has led so many writers to advance the opinion that he -fabricated the whole story and engineered the substantiation -of a charge that so very opportunely placed -an added weapon in his hands.</p> - -<p>Until some thirty years ago all our knowledge of -the affair was derived from the rather vague “Testimonio” -preserved in the sanctuary of the martyred -child, and a little history of the “Santo Niño,” by -Martinez Moreno, published in Madrid in 1786. This -last—like Lope da Vega’s drama upon the same -subject—was based upon a “Memoria” prepared -by Damiano de Vegas of La Guardia in 1544, at a -time when people were still living who remembered -the incident, including the brother of a sacristan who -was implicated in the affair.<a id="FNanchor_161" href="#Footnote_161" class="fnanchor">161</a></p> - -<p>Martinez Moreno’s narrative is a queer jumble of -possible fact and obvious fiction, which in itself may -be responsible for the opinion that the whole story -was an invention of Torquemada’s to forward his own -designs.</p> - -<p>But in 1887 the distinguished and painstaking -M. Fidel Fita published in the “Boletin de la Real -Academia de la Historia” the full record, which he -had unearthed, of the proceedings against Yucé (or -José) Franco, one of the incriminated Jews. -<span class="pagenum" id="Page_270">270</span></p> - -<p>A good deal still remains unexplained, and must -so remain until the records of the trials of the other -accused are brought to light. It may perhaps be well -to suspend a final judgment until then. Meanwhile, -however, a survey of the discovered record should -incline us to the opinion that, if the story is an invention, -it is one for which those who were accused -of the crime are responsible—an unlikely contingency, -as we shall hope to show—and in no case can the -inventor have been Frey Tomás de Torquemada. -<span class="pagenum" id="Page_271">271</span></p> - -<h2 id="CHAPTER_XIX">CHAPTER XIX<br /> - -<span class="medium">THE LEGEND OF THE SANTO NIÑO</span></h2> - -<p>The extravagant story related by Martinez Moreno, -the parish priest of La Guardia, in his little book on -the Santo Niño, is derived, as we have said, partly -from the “Testimonio” and partly from the “Memoria” -by de Vegas; further, it embodies all those legendary, -supernatural details with which the popular imagination -had embellished the theme.</p> - -<p>Either it is one of those deliberate frauds known -as “pious,” or else it is the production of an intensely -foolish mind. When we consider that the author was -a doctor of divinity and an inquisitor himself, we prefer -to incline to the former alternative.</p> - -<p>This mixture of fact and fiction sets forth how a -party of Jews from the townships of Quintana, Tenbleque, -and La Guardia, having witnessed an Auto de -Fé in Toledo, were so filled with rage and fury, not -only against the Holy Tribunal, but against all -Christians in general, that they conspired together -to encompass a complete annihilation of the Faithful.</p> - -<p>Amongst them was one Benito Garcia, a wool-comber -of Las Mesuras, who was something of a -traveller, and who had learnt upon his travels of a -piece of sorcery attempted in France for the destruction -of the Christians, which had miscarried owing to -a deception practised upon the sorcerers.</p> - -<p>The story is worth repeating for the sake of the -light it throws upon the credulity of the simple folk of -Spain in such matters, a credulity which in remote -<span class="pagenum" id="Page_272">272</span> -districts of the peninsula is almost as vigorous to-day -as it was in Moreno’s century.</p> - -<p>The warlocks, in that earlier instance of which -Benito had knowledge, were alleged to be a party of -Jews who had fled from Spain on the first institution -of the Inquisition in Seville in 1482. They had -repaired to France bent upon the destruction of all -Christians, to the end that the Children of Israel -might become lords of the land, and that the Law -of Moses might prevail. For the sorcery to which -they proposed to resort they required a consecrated -wafer and the heart of a Christian child. These were -to be reduced to ashes to the accompaniment of certain -incantations, and scattered in the rivers of the country, -with the result that all Christians who drank the waters -must go mad and die.</p> - -<p>Having obtained the wafer, they now approached -an impoverished Christian with a large family, and -tempted him with money to sell them the heart of one -of his numerous children. The Christian, of course, -repudiated the monstrous proposal. But his wife, -who combined cunning with cupidity, drove with the -Jews the bargain to which her husband refused to be -a party, and having killed a pig she sold them the -heart of the animal under obviously false pretences.</p> - -<p>As a consequence, the enchantment which the -deluded Jews proceeded to carry out had no such -effect as was desired and expected.</p> - -<p>Armed with his full knowledge of what had happened, -Benito now proposed to his friends that they -should have recourse to the same enchantment in -Spain, making sure, however, that the heart employed -was that of a Christian boy. He promised them that -by this means, not only the inquisitors, but all the -Christians would be destroyed, and the Israelites would -remain undisputed lords of Spain.</p> - -<div id="i_272" class="figcenter"> -<p class="caption">+ EXURGE DOMINE ET JUDICA CAUSAM TUAM. PSALM 73.</p> -<img src="images/i_272.jpg" alt="" /> -<p class="small"><i>Photo by Donald Macbeth.</i></p> - -<p class="caption">BANNER OF THE INQUISITION.<br /> -From Limborch’s “Historia Inquisitionis.”</p> -</div> - -<p>Amongst those who joined him in the plot was a -man named Juan Franco, of a family of carriers of -La Guardia. This man went with Benito to Toledo -<span class="pagenum" id="Page_273">273</span> -on the Feast of the Assumption, intent upon finding a -child for their purpose. They drove there in a cart, -which they left outside the city while they went -separately about their quest.</p> - -<p>Franco found what he sought in one of the doorways -of the Cathedral, known as the Puerta del Perdon—the -door, adds Moreno, through which the Virgin -entered the church when she came from heaven to -honour with the chasuble her votary St. Ildefonso. -The Jew beheld in this doorway a very beautiful child -of three or four years of age, the son of Alonso de -Pasamontes. His mother was near at hand, but she -was conveniently blind—<i>i.e.</i> conveniently for the -development of Moreno’s story, this blindness serving -not only the purpose of rendering the child’s undetected -abduction easily possible, but also that of -affording the martyred infant scope for the first -miraculous manifestation of his sanctity.</p> - -<p>Juan Franco lured the boy away with the offer of -sweetmeats. He regained his cart with his victim, -concealed the latter therein, and so returned to -La Guardia. There he kept the child closely and -safely until Passion Week of the following year, or, -rather, until the season of the Passover, when the -eleven Jews—six of whom had received Christian -baptism—assembled in La Guardia. They took the -child by night to a cave in the hills above the river, -and there they compelled him to play the protagonist -part in a detailed parody of the Passion, scourging him, -crowning him with thorns, and finally nailing him to a -cross.</p> - -<p>On the subject of the scourging, Moreno tells us -that the Jews carefully counted the number of lashes, -aiming in this, as in all other details, at the greatest -historical fidelity. But when the child had borne without -murmuring upwards of five thousand strokes, he -suddenly began to cry. One of the Jews—finding, we -are to suppose, that this weeping required explanation—asked -him: “Boy, why are you crying?” -<span class="pagenum" id="Page_274">274</span></p> - -<p>To this the boy replied that he was crying because -he had received five lashes more than his Divine -Master.</p> - -<p>“So that,” says this doctor of divinity quite soberly, -“if the lashes received by Christ numbered 5,495, as -computed by Lodulfo Cartujano in his ‘In Vita Christi,’ -those received by the Holy Child Christoval were -5,500.”<a id="FNanchor_162" href="#Footnote_162" class="fnanchor">162</a></p> - -<p>He mentions here the child’s name as “Christoval,” -to which he informs us that it was changed from -“Juan,” to the end that the former might more aptly -express the manner of his death. There is no doubt -that some such consideration weighed when the child -was given that suggestive name; but the real reason -for it was that no name was known (for the identity of -the boy did not transpire), and it was necessary to -supply him with one by which he might be worshipped.</p> - -<p>When he was crucified, his side was opened by one -of the Jews, who began to rummage<a id="FNanchor_163" href="#Footnote_163" class="fnanchor">163</a> for the child’s -heart. He failed to find it, and he was suddenly -checked by the child’s question—“What do you seek, -Jew? If you seek my heart, you are in error to -seek it on that side; seek on the other, and you will -find it.”</p> - -<p>In the very moment of his death, Moreno tells us, -the Santo Niño performed his first miracle. His -mother, who had been blind from birth, received the -gift of sight in the instant that her child expired.<a id="FNanchor_164" href="#Footnote_164" class="fnanchor">164</a></p> - -<p>This interpolation appears to be entirely Moreno’s -own, and it is one of the justifications of our assumption -that the work is to be placed in the category of -pious frauds. But he is, of course, mistaken, by his -own narrative, in announcing this as the first of the -<span class="pagenum" id="Page_275">275</span> -child’s miracles. He overlooks the miracle entailed -in the capacity to count displayed by a boy of four -years of age, and the further miracle of the speech -addressed by the crucified infant to the Jew who had -opened his side.</p> - -<p>Benito Garcia was given the heart, together with -a consecrated wafer which had been stolen by the -sacristan of the Church of Sta. Maria de La Guardia, -and with these he departed to seek out the mage who -was to perform the enchantment. It happened, however, -that in passing through Astorga, Benito—who -was himself a <i>converso</i>—pretending that he was a -faithful Catholic, repaired to church, and, kneeling -there, the more thoroughly to perform this comedy of -devoutness, he pulled out a Prayer Book, between -the leaves of which the consecrated wafer had been -secreted.</p> - -<p>A good Christian kneeling some little way behind -him was startled to see a resplendent effluence of light -from the book. Naturally he concluded that he was -in the presence of a miracle, and that this stranger -was some very holy man. Filled with reverent -interest, he followed the Jew to the inn where he -was lodged, and then went straight to the father -inquisitors to inform them of the portent he had -witnessed, that they might investigate it.</p> - -<p>The inquisitors sent their familiars to find the man, -and at sight of them Benito fell into terror, “so that -his very face manifested how great was his crime.” -He was at once arrested, and taken before the -inquisitors for examination. There he immediately -confessed the whole affair.</p> - -<p>Upon being desired to surrender the heart, he -produced the box in which it had been placed, but -upon opening the cloth that had been wrapped round -it, the heart was discovered to have miraculously -vanished.</p> - -<p>Yet another miracle mentioned by Moreno is that -when the inquisitors opened the grave where it was -<span class="pagenum" id="Page_276">276</span> -said that the infant had been buried, they found the -place empty, and the Doctor considers that since the -child had suffered all the bitterness of the Saviour’s -Passion, it was God’s will that he should also know -the glories of the Resurrection, and that his body had -been assoomed into heaven.</p> - -<hr class="tb" /> - -<p>The “Testimonio” from the archives of the -parochial church of La Guardia, printed on tablets -preserved in the Sanctuary of the Santo Niño, is -quoted by Moreno,<a id="FNanchor_165" href="#Footnote_165" class="fnanchor">165</a> and runs as follows:</p> - -<p>“We, Pedro de Tapia, Alonso Doriga and Matheo -Vazquez, secretaries of the Council of the Holy and -General Inquisition, witness to all who may see this -that by certain proceedings taken by the Holy Office -in the year 1491, the Most Reverend Frey Tomás de -Torquemada being Inquisitor-General in the Kingdoms -of Spain, and the inquisitors and judges by him deputed -in the City of Avila being the Very Reverend -Dr. D. Pedro de Villada, Abbot of San Marcial and -San Millan in the Churches of Leon and Burgos, the -Licentiate Juan Lopez de Cigales, Canon of the -Church of Cuenca, and Frey Fernando de Santo -Domingo of the Order of Preachers, inquisitors as is -said against heretical pravity, and with power and -special commission from the Very Reverend D. Pedro -Gonzalez de Mendoza, Cardinal of Santa Cruz, Archbishop -of Toledo, Primate of Spain, Grand Chancellor -of Castile, and Bishop of Siguenza.</p> - -<p>“It transpires that the said inquisitors proceeding -against certain Jews and some New-Christians converted -from Jews, of the neighbourhood of La Guardia, -Quintanar, and Tenbleque, ascertained that amongst -other crimes by these committed was that: one of the -said Jews and one of the newly-converted being in -Toledo and witnessing a burning that was being done -by the Holy Office in that city, they were cast down -<span class="pagenum" id="Page_277">277</span> -by this execution of justice. The Jew said to the -convert that he feared the great harm that might -come and did come to them from the Holy Inquisition, -and having treated of various matters germane to this -subject, the Jew said that if they could obtain the -heart of a Christian boy all could be remedied. And -so, after his wide practice in this matter, the Jew from -the neighbourhood of Quintanar undertook to procure -a Christian boy for the said purpose.</p> - -<p>“And it was agreed that the said New-Christian -should go to Quintanar as soon as bidden by the Jew; -and upon this understanding each of the aforesaid left -the City of Toledo and returned to his own district.</p> - -<p>“A few days later the said Jew summoned the -New-Christian to come to him in the village of -Tenbleque, where he awaited him in his father’s -house. There they foregathered, and agreed upon a -day when they should meet at Quintanar, whither the -New-Christian now returned, and informed, as he had -agreed, a brother of his own, who like himself was -also a New-Christian, and he related fully all that had -been arranged, his brother being of the same mind.</p> - -<p>“The better to execute their accursed project, -they arranged a place to which the child should be -brought, and what was to be done—that this should -be in a cave near La Guardia, on the road to Ocaña, -on the right-hand side. And thus to execute the -matter, the said New-Christian went to Quintanar on -the day arranged together with the said Jew.</p> - -<p>“The better to dissemble, he went to a tavern, -where presently he was able to communicate with the -Jew, and as a result of what passed between them, -the New-Christian went out to await him on the road -to Villa Palomas in a ravine, where presently he was -joined by the said Jew on an ass with the child before -him—of the age of three or four years.</p> - -<p>“They went on together, and arrived after nightfall -at the said cave, whither came, as was arranged, -the brother of the New-Christian, and with him other -<span class="pagenum" id="Page_278">278</span> -newly-converted Jews, with whom it appears that the -aforesaid matter had been treated.</p> - -<p>“Being all assembled in the cave, they lighted a -candle of yellow wax, and so that the light should not -be seen they hung a cloak over the mouth of the cave. -They seized the boy, whom the said Jew had taken -from the Puerta del Perdon in Toledo—which boy -was named Juan, son of Alonso Pasamontes and of -Juana La Guindera. The said New-Christians now -made a cross out of the timbers of a ladder which had -been brought from a mill. They threw a rope round -the boy’s neck and they set him on the cross, and with -another rope they tied his legs and arms, and they -nailed his feet and hands to the cross with nails.</p> - -<p>“Being thus placed (<i>puesto</i>), one of the New-Christians -from the neighbourhood of La Guardia -bled the child, opening the veins of his arms with a -knife, and he caught the blood that flowed in a cauldron; -and with a rope in which they had tied knots some -whipped him, whilst others set a crown of thorns upon -his head. They struck him, spat upon him, and used -opprobrious words to him, pretending that what they -were saying to the said child was addressed to the -Person of Christ. And whilst they whipped him, they -said: ‘<i>Betrayer, trickster, who, when you preached, -preached falsehood against the Law of God and Moses; -now you shall pay here for what you said then. You -thought to destroy us and to exalt yourself. But we -shall destroy you.</i>’ And further: ‘<i>Crucify this betrayer -who once announced himself King, who was to -destroy our temple</i>....’ etc. etc.<a id="FNanchor_166" href="#Footnote_166" class="fnanchor">166</a></p> - -<p>“After the ill-treatment and vituperation, one of -the New-Christians from La Guardia opened the left -side of the child with a knife and drew out his heart, -upon which he threw some salt; and so the child -expired upon the cross. All of which was done in -mockery of the Passion of Christ; and some of the -<span class="pagenum" id="Page_279">279</span> -New-Christians took the body of the child and buried -it in a vineyard near Sta. Maria de Pera.</p> - -<p>“A few days later the said Jew and New-Christians -met again in the cave and attempted -certain enchantments and conjurations with the heart -of the child and a consecrated Host obtained through -a sacristan who was a New-Christian. This conjuration -and experiment they performed with the -intention that the inquisitors of heretical pravity and -all other Christians should enrage and die raging -(<i>rabiendo</i>), and the Law of Jesus Christ our Redeemer -should be entirely destroyed and superseded by the -Law of Moses.</p> - -<p>“When they saw that the said experiment did not -operate nor had the result they hoped, they assembled -again elsewhere, and having treated of all that they -desired to effect, by common consent one of them was -sent with the heart of the said child and the consecrated -Host to the Aljama of Zamora, which they accounted -the principal Aljama in Castile, to the end that certain -Jews there, known to be wise men, should with the -said heart and Host perform the said experiment and -sorcery that the Christians might enrage and die, -and thus accomplish what they so ardently desired.</p> - -<p>“And for the greater ascertaining of the crime and -demonstration of the truth, the said inquisitors having -arrested some of the said offenders, New-Christians -and Jews, they set the accused face to face, so that -in the confession of their crimes there was conformity, -and these confessions consisted of what has -been here set down. In addition other further steps -were taken to verify the places where the crimes were -committed and the place where the child was buried; -and they took one of the principal accused to the -place where the child was buried, and there they -found signs and demonstration of the truth of all.<a id="FNanchor_167" href="#Footnote_167" class="fnanchor">167</a> -Some of the said accused, and some already deceased, -<span class="pagenum" id="Page_280">280</span> -being prosecuted, they were sentenced and abandoned -to the secular arm, all that we have set down being -in accordance with the records of the proceedings to -which we refer.</p> - -<p>“The said ‘Testimonio’ written upon three sheets -bearing our rubrics, we the said secretaries deliver by -request of the Procurator-General of the village of -La Guardia, by order of the Very Illustrious Señores -of His Majesty’s Council of the Holy Inquisition in -the City of Madrid in the Diocese of Toledo, on the -19th day of September of the year of the birth of our -Lord Jesus Christ, 1569.</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“<span class="smcap">Alonso de Doriga</span> = Nec auro frangenda fides.<br /></span> -<span class="i1"><span class="smcap">Matheo Vazquez</span> = In cujus fide fœdera consistunt.<br /></span> -<span class="i1"><span class="smcap">Pedro de Tapia</span>.”<br /></span> -</div></div> -</div> - -<hr class="tb" /> - -<p>This “Testimonio” does not afford us the name -of any one of the offenders—presumably that the holy -place in which the tablets were exposed should not -be desecrated. When it is compared with the account -left by Moreno and the discrepancies between the two -become apparent, when, further, the extravagances of -Moreno’s story are considered, it is not surprising that -the conclusion should have been reached that the -whole affair was trumped up to forward that campaign -against the Jews to which Torquemada was employing -his enormous energies.</p> - -<p>But the records of the trial of Yucé Franco discovered -by Fidel Fita throw a very different light -upon the matter. And whilst we know that Torquemada -did avail himself to the utmost of this affair of -the Santo Niño to encompass the banishment of the -Jews from Spain, we must consider all notion that -he himself simply invented the story to that end as -completely dispelled by the evidence that is now -to be examined.</p> - -<p>From the records of the trial of Yucé Franco -<span class="pagenum" id="Page_281">281</span> -we are to-day not only able very largely to reconstruct -the event, but also to present a complete -instance of the application of the jurisprudence of -the Inquisition. Indeed, had the archives of the -Holy Office been ransacked for an entirely typical -prosecution, embodying all the features peculiar to -that terrible court, no better instance than this could -have been forthcoming. -<span class="pagenum" id="Page_282">282</span></p> - -<h2 id="CHAPTER_XX">CHAPTER XX<br /> - -<span class="medium">THE ARREST OF YUCÉ FRANCO</span></h2> - -<p>In May or June of 1490—the time of year being -approximately determined by the events that follow—a -baptized Jew of Las Mesuras named Benito Garcia -put up at an inn in the northern village of Astorga. -He was an elderly man of some sixty years of age, a -wool-comber by trade and a considerable traveller in -the course of his trading.</p> - -<p>In the common-room of the tavern where he sat -at table were several men of Astorga, who, either in a -drunken frolic or because they were thieves, went -through the contents of his knapsack, and discovered -in it some herbs and a communion wafer, which they -at once assumed to be consecrated (and which it was -grossest sacrilege for a layman so much as to touch).</p> - -<p>Uproar followed the announcement of the discovery. -With cries of “Sacrilege!” these thieving -drunkards fell upon the Jew. They beat him. They -flung a rope about his neck, dragged him from the -inn and haled him into the presence of the Provisor -of Astorga, Dr. Pedro de Villada. The reverend -doctor discharged there the functions of an agent of -the Holy Office. He was fully experienced in inquisitorial -affairs, and he was upon the eve of being -promoted to the dignity of inquisitor in the court of -Avila.</p> - -<p>Villada received the wafer, heard the accusation, -and took a short way with Benito when the latter -refused to explain himself. He ordered him two -<span class="pagenum" id="Page_283">283</span> -hundred lashes, and finding the man still obdurate -after this punishment, he submitted him to the water-torture. -Under this the wretched fellow at last -betrayed himself. Of precisely what he said we have -no record taken at the time; but we have his own -word for it—as reported afterwards by Yucé Franco -to whom he uttered it—that “he had said more than -he knew, and enough to burn him.”<a id="FNanchor_168" href="#Footnote_168" class="fnanchor">168</a></p> - -<p>Having, as is clear, obtained from him an -admission of his own guilt, Villada now proceeded, -as prescribed by the “Directorium,” to induce him to -incriminate others. We know the methods usually -employed; from these and from what follows it is -quite reasonable to assume that recourse was had to -them now.</p> - -<p>Following Eymeric’s instructions, Villada would, -no doubt, admonish him with extreme kindness, -professing to cast no blame upon Benito himself but -rather upon those evil ones who had seduced him into -error, and he would exhort the prisoner to save -himself by showing a true penitence, pointing out that -the only proof of his penitence he could advance would -be a frank and free delation of those who had led him -so grievously astray.</p> - -<p>From the occasional glimpses of this Benito Garcia -vouchsafed us in the records of the trial of Yucé -Franco, we perceive a rather reckless personality, -of a certain grim, sardonic humour, gleams of which -actually pierce through the dehumanization of the legal -documents to ensnare our sympathy.</p> - -<p>He is imbued with contempt for these Christians -whose religion he embraced forty years ago, in what -he accounts a weak moment of his youth, and from -which he secretly seceded again some five years before -<span class="pagenum" id="Page_284">284</span> -his arrest. He is weighed down by remorse for -having been false to the Jewish faith in which he was -born; he believes himself overtaken by the curse -which his father launched upon him when he took -that apostatizing step; he is out of all conceit with -Christianity; since seeing the bonfires of the Faith he -has come to the conclusion that as a religion it is an -utter failure; it has been his habit to sneer at Jews -who were inclining to Christianity.</p> - -<p>“Get yourselves baptized,” was the gibe he -flung at them, “and go and see how they burn the -New-Christians.”<a id="FNanchor_169" href="#Footnote_169" class="fnanchor">169</a></p> - -<p>In the prison of Avila—when he gets there—his -one professed aim is to die in the faith of his fathers.</p> - -<p>But it would seem that when first taken in the -toils of the Inquisition, and having experienced in his -own person the horrors of its methods, he realizes -the sweetness of life, and eagerly avails himself of the -false loophole so alluringly exposed by the reverend -doctor.</p> - -<p>In his examination of June 6 he betrays to -Villada the course of his re-Judaizing. He relates -that five years ago, whilst in talk with one Juan de -Ocaña, a converso whom he believes to be a Jew at -heart under an exterior of Christianity, the latter had -urged him to return to the Jewish faith, saying that -Christ and the Virgin were myths, and that there is -no true law but that of Moses. Lending an ear to -these persuasions, Benito had done many Jewish -things, such as not going to church (although he -whipped his children when they stayed away, lest -their absence should betray his own apostasy) nor -observing holy-days, eating meat on Fridays and -fast-days at the house of Mosé Franco and Yucé -Franco—Jews of the neighbourhood of Tenbleque—and -wherever else he could eat it without being -detected. Indeed, for the past five years, he admits, -<span class="pagenum" id="Page_285">285</span> -he has been a Jew at heart, and if during that time -he did not more completely observe Jewish rites and -practices, it was because he dared not for fear of -being discovered; whilst all the Christian acts he had -performed had been merely a simulation, that he might -appear to be a Christian still. The confessions he -had made to the priest of La Guardia had been false -ones, and he had never gone to Communion—“believing -that the Corpus Christi was all a farce -(<i>creyendo que todo era burla el Corpus Christi</i>).” He -even added that whenever he saw the Viaticum carried -through the streets, it was his habit to spit and to -make <i>higas</i> (a gesture of contempt).<a id="FNanchor_170" href="#Footnote_170" class="fnanchor">170</a></p> - -<p>In these last particulars his confession is of an -extreme frankness, and we can only suppose that he -is merely repeating what the torture had already -extracted from him. Completely to elucidate the -matter as it concerns Benito Garcia, we should require -to be in possession of the full records of his own trial -(which have not yet been discovered), whereas at -present we have to depend upon odd documents from -that <i>dossier</i> which are introduced in Yucé Franco’s as -relating to the latter.</p> - -<p>Questioned more closely concerning these Jews he -has mentioned—Mosé and Yucé Franco—Benito states -that they lived with their father, Ça Franco, at Tenbleque, -that he was in the habit of visiting them upon -matters of business, and that he had frequently eaten -meat at their house on Fridays and Saturdays and -other forbidden days, and had often given them money -to purchase oil for the synagogue lamps.</p> - -<p>We know that, as a consequence of these confessions, -Ça Franco, an old man of eighty years of age, and his -son Yucé, a lad of twenty who was a cobbler by -trade, were arrested on July 1, 1489, for proselytizing -practices—<i>i.e.</i> for having induced Benito Garcia to -abandon the Christian faith to which he had been -converted. -<span class="pagenum" id="Page_286">286</span></p> - -<p>Ça’s other son, Mosé, was either dead at the time -or else he died very shortly after arrest and before -being brought to trial.</p> - -<p>Juan de Ocaña, too, was arrested upon the same -grounds.</p> - -<p>They were taken to Segovia, and thrown into the -prison of the Holy Office in that city. In this prison -Yucé Franco fell so seriously ill that he believed himself -at the point of death.</p> - -<p>A physician named Antonio de Avila, who spoke -either Hebrew or the jargon of Hebrew and Romance -that was current among the Jews of the Peninsula, -went to attend to the sick youth. Yucé implored this -doctor to beseech the inquisitors to send a Jew to -pray with him and to prepare him for death—“<i>que -le dixiese las cosas que disen los Judios quando se -quieren morir</i>.”</p> - -<p>The physician, who, like all the family of the -Inquisition, was himself a spy, duly conveyed the -request to the inquisitors. They seized the chance to -put into practice one of the instructions advanced by -Eymeric. They sent a Dominican, one Frey Alonso -Enriquez, disguised as a Jew, to minister to the -supposed moribund. The friar had a fluent command -of the language spoken by the Jews of Spain. He -introduced himself to the lad as a Rabbi named -Abraham, and completely imposed upon him and won -his confidence.</p> - -<p>He pressed Yucé to confide in him, and in his -manner of doing so he proceeded along the crafty lines -advocated by the “Directorium.”</p> - -<p>Eymeric, as will be remembered, enjoins that when -a prisoner is examined, the precise accusation against -him should not be disclosed; rather he should be -questioned as to why he conceives that he has been -arrested and by whom he supposes himself to have -been accused, with the object of perhaps discovering -further and hitherto unsuspected matters against him.</p> - -<p>Against Yucé Franco and the other prisoners there -<span class="pagenum" id="Page_287">287</span> -was at this stage no charge beyond that—serious -enough in itself—of having induced Benito Garcia to -re-Judaize. But the disguised friar now pressed him -with probing questions, asking him what he had done -to get himself arrested.</p> - -<p>Yucé—who did not yet know what was the charge—entirely -duped, and believing that his visitor was a -Rabbi of his own faith, replied that “<i>he had been -arrested on account of the</i> mita <i>of a</i> nahar, <i>which had -been after the manner of</i> Otohays.”<a id="FNanchor_171" href="#Footnote_171" class="fnanchor">171</a></p> - -<p>We have left the Hebrew words untranslated to illustrate -the unintelligibility of the phrase to the general.</p> - -<p><i>Mita</i> means “killing,” <i>nahar</i> means “a boy,” -whilst <i>Otohays</i>—literally “that man”—is startling -because it is identical with the term used in St. Luke -(xxiii. 4) and in the Acts of the Apostles (v. 28) to -designate Christ.</p> - -<p>Yucé begged the false Rabbi Abraham to go to -the Chief Rabbi of the Synagogue of Segovia,<a id="FNanchor_172" href="#Footnote_172" class="fnanchor">172</a> a man -of very considerable importance and influence, and to -inform him of this fact, but otherwise to keep the -matter very secret.</p> - -<p>The Dominican repaired to the inquisitors who -had sent him with this very startling piece of information, -which was corroborated by the physician, who had -remained well within earshot during the entire interview.</p> - -<p>By order of the inquisitors Frey Alfonso Enriquez -returned to Yucé’s prison a few days later to attempt -to elicit from the young Jew further particulars of the -matter to which he had alluded. But the lad—probably -considerably recovered by now, and therefore -more alert—evinced the greatest mistrust of the -physician Avila, who was hovering near them, and -would not utter another word on the subject.<a id="FNanchor_173" href="#Footnote_173" class="fnanchor">173</a> -<span class="pagenum" id="Page_288">288</span></p> - -<p>The matter was of such gravity that we are quite -safe in assuming—and we have evidence to warrant -the assumption—that it was instantly communicated -to Torquemada, who at the time was at his convent of -Segovia, practically upon the spot.</p> - -<p>We know—as will presently transpire—that it was -by order of Torquemada that Yucé Franco and the -others came to be in the prison of the Holy Office at -Segovia, instead of in that of the extremely active -Inquisition of Toledo, within whose jurisdiction the -accused dwelt and the crime had been committed. -We are unable to give an absolutely authentic reason -for this. But we gather that the examination of -Ça Franco, or of Ocaña, or perhaps of Benito himself—who -had said “more than he knew”—must have -yielded disclosures of such a nature that upon learning -them the Grand Inquisitor had desired that the trial -should be conducted immediately under his own -direction.</p> - -<p>The Sovereigns, who had been in Andalusia since -May of the previous year, about the war upon Granada, -now wrote to Torquemada—in July 1490—bidding -him join them there.</p> - -<p>From Segovia the Grand Inquisitor replied, urging -very pressing business to which he proposed to give -his personal attention, wherefore he begged them -to permit him to postpone his response to their -summons.<a id="FNanchor_174" href="#Footnote_174" class="fnanchor">174</a></p> - -<hr class="tb" /> - -<p>He quitted Segovia at about this time to repair to -Avila, where the work upon the church and monastery -of St. Thomas was well advanced; so well advanced, -indeed, that already he was able to take up his residence -in the monastery.</p> - -<p>We may assume that the pressing business he had -urged to the Sovereigns as an excuse for postponing -his journey into Andalusia was the business of inquiring -into the alleged crimes of these Hebrew prisoners. -<span class="pagenum" id="Page_289">289</span> -For we know that he had intended having them -brought before himself at Avila, but that being unable -to dispose of the matter before the end of August or -to postpone beyond that time his departure to rejoin -the Court, he was compelled to entrust the matter to -his delegates—the Dominican Frey Fernando de -Santo Domingo, and the sometime Provisor of Astorga, -Dr. Pedro de Villada, with whom, no doubt, he would -leave—as he says himself—the fullest instructions.</p> - -<p>So much we are justified in assuming from the -tenor of the following letter, which he delivered to -them under date of August 27, to serve them as their -warrant to remove the prisoners from Segovia and -bring them to Avila for trial.</p> - -<p>He wrote as follows:</p> - -<p>“We, Frey Tomás de Torquemada, Prior of the -Monastery of Holy Cross of Segovia, of the Order -of Preachers, Confessor and Councillor to the King -and Queen, our Sovereign lords, Inquisitor-General -of heretical pravity and apostasy in the Kingdoms of -Castile and Aragon and all other Dominions of their -Highnesses, so deputed by the Holy Apostolic See,</p> - -<p>Make known to you,</p> - -<p>Reverend and Devout Fathers, D. Pedro de Villada, -Doctor of Canon Law ... Juan Lopes de Cigales, -Licentiate of Holy Theology ... and to you, Frey -Fernando de Santo Domingo ... Inquisitors of -heretical pravity in the said City and Bishopric of -Avila,</p> - -<p>That we, by certain and legitimate -information received, ordered the arrest of the persons -and bodies of Alonso Franco, Lope Franco, Garcia -Franco, and Juan Franco of the neighbourhood of -La Guardia in the Archbishopric of Toledo, and of -Yucé Franco, a Jew of the neighbourhood of Tenbleque, -and of Mosé Abenamias, a Jew of the City of Zamora, -and of Juan de Ocaña and Benito Garcia, of the neighbourhood -of the said place of La Guardia, and the -<span class="pagenum" id="Page_290">290</span> -sequestration of all their property for having practised -heresy and apostasy and for having perpetrated certain -deeds, crimes, and offences against our Holy Catholic -Faith, and we ordered them to be taken to and -held in the prison of the Holy Inquisition of the -City of Segovia until their cases should be fully -known to and decided by us or by such person or -persons to whom we consign them upon being so -acquainted.</p> - -<p>“But inasmuch as we are now occupied with other -and arduous matters, and therefore may not personally -acquaint ourselves with the said cases or with any one -of them, trusting in the legality, learning, experience, -and sound conscience of you, the said Reverend Father -Inquisitors and of each of you, and that you are such -persons as will well and faithfully discharge what we -entrust to you by these presents we commit to you, -the said Reverend Father Inquisitors, and to each of -you, <i>in solidum</i>, the said proceedings against and trials -of the aforementioned and of any of them, whether -they may have been participators or accessories before -or after the fact of the said crimes and offences in any -way committed against our Holy Catholic Faith, and -likewise of the abettors, counsellors, defenders, concealers, -those who had knowledge of the facts and -offenders of whatsoever degree, to the end that concerning -them you may receive and obtain any information -from any part of the said Kingdoms, and seize -and examine any witness, and inquire, learn, proceed, -imprison, sentence, and abandon to the secular arm -such as you may find guilty, absolve and liberate -those without guilt, and do concerning them all things -and any thing that we ourselves should do being -present....</p> - -<p>“And by these presents we order the Father -Inquisitors of the City of Segovia and each and any -of them in whose power are the said prisoners to -deliver them immediately in safe custody to you.</p> - -<p>“Given in the Monastery of St. Thomas of the -<span class="pagenum" id="Page_291">291</span> -said Order of Preachers, which is beyond and near the -walls of the said City of Avila.”<a id="FNanchor_175" href="#Footnote_175" class="fnanchor">175</a></p> - -<hr class="tb" /> - -<p>At what stage of the affair the four brothers Franco -of La Guardia—Alonso, Lope, Garcia, and Juan—had -been arrested, and upon whose information, we do not -know. But we do know—for the <i>dossier</i> of Yucé’s -trial is complete—that they were not betrayed by -Yucé.</p> - -<p>That their names had been divulged is a confirmation -of the surmise that the examinations of Ocaña, -or Ça Franco, or even Benito Garcia, had already -yielded further information on the subject of the affair -of La Guardia.</p> - -<p>It must be understood that the record of any -examination of these prisoners in which the name of -Yucé Franco was not mentioned would find no place -in the <i>dossier</i> of the latter’s trial.</p> - -<p>The four Francos of La Guardia were brothers, as -we have said; but they were nowise related to the -Francos of Tenbleque—Ça and Yucé. They were -dealers in cereals—possibly millers—as we shall see, -and they owned a number of carts which they appear -to have further employed in a carrier’s business. -They were baptized Jews, as is already made clear -in Torquemada’s letter by the fact that he does not -describe them—as he does the others—as Jews.</p> - -<p>All concerned in the affair, with the exception of -one Ribera, who does not at present enter into consideration, -were men drawn from a humble class of -life—a class which through ignorance has always been -credulous and prone to belief in sorcery and enchantments.</p> - -<p>A curious circumstance is the omission in Torquemada’s -letter of all mention of the octogenarian Ça -Franco, whom we know to have been already under -arrest.</p> - -<p>Having thus entrusted the conduct of the affair to -<span class="pagenum" id="Page_292">292</span> -his subordinates, the Grand Inquisitor set out to join -the Sovereigns in Andalusia.</p> - -<p>The prisoners were soon afterwards brought to -Avila, secrecy being so well observed that each remained -in ignorance of the arrest of the others. But -before being transferred from Segovia Yucé was taken -before the Holy Office there for examination on -October 27 and 28. And from the nature of the -questions—as revealed by the depositions made—we -are left to assume that the inquisitors aimed at further -incriminating the Francos of La Guardia, proceeding -upon information extracted from them, or else obtained -from one of the other prisoners.</p> - -<p>In answer to the questions set him, Yucé Franco -deponed that some three years earlier he had gone to -La Guardia to buy wheat for the unleavened bread of -the Passover from Alonso Franco, having been told -that the latter had wheat of good quality for sale. He -sought Alonso in the market, and thence accompanied -him to his house. Talking as they went, Alonso -asked him why they made this unleavened bread, to -which Yucé replied that it was to commemorate God’s -deliverance of the Children of Israel out of Egypt.</p> - -<p>The question may certainly seem an odd one from -a man who had been born a Jew. But it should be -remembered that ignorance and lack of education -might easily account for it.</p> - -<p>Yucé further deponed that in the pursuit of this -conversation Alonso not only betrayed nostalgic leanings -towards his original faith, but actually admitted -that together with some of his brothers he had crucified -a boy one Good Friday in the manner that the Jews -had crucified Christ.</p> - -<p>Continuing, he said that Alonso had asked him -whether the Paschal lamb eaten by the Jews at the -time of leaving Egypt had been <i>terefa</i> (slaughtered -and bled in the Jewish manner), to which Yucé had -replied that it had not, as at that time the Law had not -yet been made. -<span class="pagenum" id="Page_293">293</span></p> - -<p>These replies were construed by the inquisitors -into admissions of proselytizing on the part of Yucé, -and when subsequently at Avila (January 10, 1491) -he was reminded of what he had said at Segovia concerning -what had passed between Alonso Franco and -himself, and asked whether he could remember anything -further, he confirmed all that he had already deponed, -but could only add a question on the subject of -circumcision which had been addressed to him by -Alonso.<a id="FNanchor_176" href="#Footnote_176" class="fnanchor">176</a></p> - -<hr class="tb" /> - -<p>The fiscal advocate, or prosecutor of the tribunal, -prepared his case against Yucé Franco, and on -December 17, 1490, he came before the court at the -audience of vespers to open the prosecution. -<span class="pagenum" id="Page_294">294</span></p> - -<h2 id="CHAPTER_XXI">CHAPTER XXI<br /> - -<span class="medium">THE TRIAL OF YUCÉ FRANCO</span></h2> - -<p>The Fiscal, D. Alonso de Guevára, announces to their -Reverend Paternities that his denunciation of Yucé -Franco is prepared, and he solicits them to order the -prisoner to be brought into the audience-chamber -that he may hear it read.</p> - -<p>The apparitor of the court introduces the accused -into the presence of the inquisitors and their notary, -to whom Guevára now hands his formal accusation. -This the notary proceeds to read. Thus:</p> - -<p>“Most Reverend and Virtuous Sirs,—I, Alonso -de Guevára, Bachelor of Law, Fiscal Prosecutor of -the Holy Inquisition in this City and Diocese of -Avila, appear before your Reverend Paternities in -the manner by law prescribed, to denounce Yucé -Franco, Jew, of the neighbourhood of Tenbleque, -who is present.</p> - -<p>“Not content that, in common with all other Jews, -he is humanely permitted to abide and converse with -the faithful and Catholic Christians, he did induce and -attract some Christians to his accursed Law with false -and deceptive doctrines and suggestions, telling them -that the Law of Moses is the true one, in which there -is salvation, and that the Law of Jesus Christ is a false -and fictitious Law never imposed or decreed by God.</p> - -<p>“And with infidel and depraved soul he went with -some others to crucify a Christian boy, one Good -Friday, almost in the manner and with that hatred -<span class="pagenum" id="Page_295">295</span> -and cruelty with which the Jews, his ancestors, crucified -our Redeemer Jesus Christ, mocking and spitting -upon him, striking and wounding him with the aim -of vituperating and deriding our Holy Catholic Faith -and the Passion of our Saviour Jesus Christ.</p> - -<p>“Item, he contrived, as principal, together with -others, to obtain a consecrated Host to be outraged -and mocked in vituperation and contempt of our Holy -Catholic Faith, and because amongst the other Jews—accomplices -in the said crime—there were certain -sorcerers who on the day of their Passover of unleavened -bread were to commit enchantments with the said Host -and the heart of a Christian boy. And if this were -done, as said, all Christians were to enrage and die. -The intention moving them was that the Law of Moses -should be more widely kept and honoured, its rites -and precepts and ceremonies more freely solemnized, -that the Christian Religion should perish and be -subverted, and that they, themselves, should become -possessed of all the property of the Catholic and -Faithful Christians, and there should be none to -interfere with their perverse errors, and their generation -should grow and multiply upon the earth, that -of the Faithful Christians being entirely extirpated.</p> - -<p>“Item, he committed other crimes concerning the -Holy Office of the Holy Inquisition, as I shall state -and allege in the course of these proceedings as far -as I may consider necessary.</p> - -<p>“Wherefore I beg you, Reverend Sirs, that you -pronounce the said Yucé Franco, for the said crimes, -to be a malefactor, abettor of heretics, and a subverter -and destroyer of the Catholic and Christian Law; and -that he shall be deemed to have fallen into and incurred -all the penalties and censures prescribed by canon and -civil law for those who commit these crimes, and the -confiscation and loss of all his property, which shall be -applied to the royal treasury, and that he may be -abandoned to the secular arm and justice that it may -do with him as by law befits with a malefactor, an -<span class="pagenum" id="Page_296">296</span> -abettor of heretics, and an extirpator of the Catholic -Faith....</p> - -<p>“Wherefore I petition your Reverences to proceed -against the said Yucé Franco <i>simpliciter et de plano -et sine estrepitu judicii</i>, as runs the formula prescribed -by law in such cases,<a id="FNanchor_177" href="#Footnote_177" class="fnanchor">177</a> to the end that justice may be -fulfilled.</p> - -<p>“And I swear to God on this Cross on which I set -my hand, that this petition and denunciation which -I bring against Yucé Franco I do not bring maliciously, -but because I believe him to have committed all that -I have stated, and to the end that justice may be done -and the wicked and the abettors of heretics be punished, -that the good men may be known and that our Holy -Catholic Faith may be exalted.”<a id="FNanchor_178" href="#Footnote_178" class="fnanchor">178</a></p> - -<hr class="tb" /> - -<p>It will be seen presently that at this stage of the -proceedings Yucé had not the slightest suspicion that -the pretended Rabbi Abraham who had visited him -in his prison of Segovia when he lay sick was other -than he had announced himself. Nor did the accusation -afford him the least hint that any of his associates -had been taken, or that Benito Garcia had been -examined under torture. So carefully had they -managed things that he was not even aware of the -arrest of his old father.</p> - -<p>Therefore it must have come as something of a -shock to him to hear this matter of the crucifixion of -the child at La Guardia included in the indictment. -Nevertheless he unhesitatingly pronounced the denunciation -to be the “greatest falsehood in the world.”</p> - -<p>Guevára answered this denial by petitioning the -court to receive the proofs which he was prepared -to present.</p> - -<p>Being asked whether in the preparation of his -defence he would require the services of counsel, -Yucé replied in the affirmative, and the tribunal -<span class="pagenum" id="Page_297">297</span> -appointed as his attorney the Bachelor Sanç,<a id="FNanchor_179" href="#Footnote_179" class="fnanchor">179</a> and -as his advocate Juan de Pantigoso. The usual form -of oath was imposed upon these lawyers, and Yucé -empowered them to act for him within the narrow -limitations imposed by the Holy Office, which afforded -them no opportunity to cross-examine the witnesses -for the prosecution or even to be present at their -examination.</p> - -<p>The notary of the court was ordered to supply the -defendant with a copy of the indictment, and Yucé was -allowed a term of nine days within which to prepare -his answer.</p> - -<p>Five days later the accused successfully petitions -the court that to the advocate appointed him be added -one Martin Vazquez, to whom he gives the necessary -powers. And it is this same Martin Vazquez who on -that very day—December 22, 1490—presents to the -court the written repudiation of the indictment, prepared -by the Bachelor Sanç, in his client’s name.</p> - -<hr class="tb" /> - -<p>The advocate begins by respectfully submitting -that this court has no jurisdiction over his client on -the score of the crimes alleged against him, since their -Paternities are inquisitors appointed—<i>Auctoritate -Apostolica</i>—for the Diocese of Avila only, and only -over persons of that diocese. Yucé is of the Diocese -of Toledo, where there are inquisitors of heretical -pravity, before whom he is ready to appear to answer -any charges. Therefore his case should have been -referred to that court of Toledo, and their Paternities -should never have received Guevára’s denunciation.</p> - -<p>He proceeds to reprove their Paternities for having -done so upon sounder grounds, when he protests that -the accusation is too vague and general and obscure. -It does not state place or year or month or day or -hour in which, or persons with whom, it is alleged -that his client committed the crimes set forth.</p> - -<p>Further, he objects that since his client is a Jew, -<span class="pagenum" id="Page_298">298</span> -he cannot with justice be accused of having fallen into -the crime of heresy or apostasy; and therefore it is -not right that—as may be done in the case of a -heretic—the full expression and elucidation of what -is charged against him should be withheld, since thus -it is impossible for his client to defend himself, not -knowing what precisely are the charges made.</p> - -<p>The advocate very rightly denounces it as against -all equity that the Fiscal should thus prejudice Yucé -without particularizing his accusation, and he warns -their Paternities that it may prove hurtful to their -consciences if, as a result of Guevára’s generalizations, -Yucé should come to suffer and die undefended.</p> - -<hr class="tb" /> - -<p>It is very unsatisfactory equity which says to a -man, “You are accused of such-and-such crimes. -Prove your innocence of them, or we punish you.” -But it is not equity at all that can say, “You are -accused of something; no matter what. Prove to -us that you are innocent of all the offences for which -this tribunal may proceed against you, or we find you -guilty and send you to death.”</p> - -<p>This, however, was precisely the method of the -Holy Office, and being aware of it, the advocate is -forced to confess that in a case of heresy secretly -committed the Inquisition may admit an accusation -that does not specify time or place of the alleged -offence.</p> - -<p>But this, he insists, does not apply to his client, -who, being a Jew and not having a baptized soul, -may not truly be denounced as a heretic. He appeals -to the consciences of the inquisitors not to admit the -accusation, and finally he threatens that if they do so, -he will lodge a complaint where by right he may.</p> - -<p>From all this it appears that so completely—as -completely as his client—is the advocate in ignorance -of the mainsprings of the prosecution that he does -not even know that the trial has been ordered by -Torquemada, himself, to take place in Avila. That -<span class="pagenum" id="Page_299">299</span> -warrant-letter of the Grand Inquisitor’s has not been -divulged to the defendant, lest in learning the names -of his fellow-accused he should learn too much, be -put upon his guard, and equipped to set up a tenable -defence.</p> - -<p>But in any case, and to be on the safe side, the -advocate offers a categorical and eloquent denial of -every count in the Fiscal’s indictment.</p> - -<p>He scoffs at the absurdity of accusing Yucé Franco -of seeking to seduce Christians into embracing the -Law of Moses. He urges the lad’s youth, his station -in life, his general ignorance (even of that same Law -of Moses by which he lives), and the fact that he -has to work hard to make a living by his cobbler’s -trade; and he adduces that his client has neither -the time nor the knowledge necessary to attempt any -such proselytizing as that with which he is charged.</p> - -<p>He declares that if at any time Yucé did expound -any part of the Mosaic Law in answer to questions -addressed to him (this being obviously inspired by -Yucé’s recollection of the statements he has made -under examination concerning Alonso Franco) he did -so simply and frankly, with no thought of proselytizing, -nor could it so be construed. In fact, save -for the answers returned by him to questions asked -by Alonso Franco, the lad does not remember ever -to have done even so much, which would have been -no real offence in any case.</p> - -<p>Full and formal, too, is the denial of Yucé’s -participation in the crucifixion of any boy, and of -having procured or attempted to procure a Host. -The advocate ridicules the notion of this cobbler-lad -being a sorcerer, or having knowledge of, or interest -in, sorcery.</p> - -<p>Finally—burrowing ever in the dark, and seeking -to undermine possibilities, since he is given no facts -that he may demolish—he suggests that the depositions -received against Yucé are perhaps susceptible -of being interpreted in different ways, and may refer -<span class="pagenum" id="Page_300">300</span> -equally to good or evil, and that since he is accused -and arrested the things he has, himself, deponed (<i>i.e.</i> -concerning Alonso Franco’s Judaizing tendencies) -should be interpreted in his favour, and not against -him.</p> - -<p>Therefore he petitions their Reverend Paternities -to order the witnesses to declare with whom, where, -when, and how Yucé committed these things which -are deponed against him. Failing that, he begs them -to declare his client acquitted, to release him, restoring -him his good fame and all property that may -have been confiscated by order of their Paternities or -any other judges of the Inquisition.<a id="FNanchor_180" href="#Footnote_180" class="fnanchor">180</a></p> - -<hr class="tb" /> - -<p>The court commanded the notary to prepare a -copy of this plea, and to deliver it to the Fiscal, who -was instructed to reply to it within three days. And -they further commanded that at the time of the -delivery of the said reply, Yucé Franco should again -be brought before them that he might learn what -was determined concerning him.</p> - -<hr class="tb" /> - -<p>The only matter of interest in the next sitting<a id="FNanchor_181" href="#Footnote_181" class="fnanchor">181</a>—and -this from the point of view of the illustration -which these proceedings afford us of inquisitorial -methods—is the Fiscal’s repudiation of any obligation on -his part to precise the time or place of the crimes with -which Yucé Franco is accused, and his insistence that, -in spite of all that has been advanced by the defendant, -the case must be considered one of heresy.</p> - -<p>The court evidently takes the same view, for it -commands both parties to the action to proceed to -advance proof of their respective contentions within -thirty days. Meanwhile, to clear up the matter of -the venue, the court communicates with the Cardinal -of Spain. The Primate very promptly grants the -requisite permission to transfer the action to Avila -from his own Archbishopric of Toledo within whose -<span class="pagenum" id="Page_301">301</span> -jurisdiction it had lain. This was the merest formality; -for considering the explicit commands in the matter -left by the supreme arbiter, Torquemada, the -Cardinal could hardly have proceeded otherwise.</p> - -<hr class="tb" /> - -<p>The methods now adopted by the Fiscal to obtain -the proofs which he requires, or at least to build a -more complete and overwhelming case—for we cannot -but suppose that already he had sufficient material -upon which to have obtained a conviction—are -eminently typical.</p> - -<p>We know that Ça Franco, Benito Garcia, Juan de -Ocaña, and the four Francos of La Guardia were all -at this time in the hands of the inquisitors; and it is -not to be doubted that these men would be undergoing -constant examination. But it is obvious, from -the absence in the <i>dossier</i> with which we are concerned -of any document relating to this particular -period, that no avowals were made by his fellow-prisoners -to increase the incrimination of Yucé.</p> - -<p>Without wishing to set up too many hypotheses to -bridge the <i>lacunæ</i> that result from the absence of the -records of the proceedings against the other accused, -we would tentatively suggest that in preparing that -portion of his denunciation relating to the crucifixion -of the child, Guevára had simply adapted details -extracted from Benito to Yucé’s vague admission in -the prison of Segovia. This conclusion is eminently -justifiable. It is based upon the fact that -Guevára altogether overstepped the limits of any -evidence brought to light in the whole course of the -proceedings when he said that Yucé “contrived <i>as -principal</i> ... to obtain a consecrated Host.” Further -it is based upon the circumstance already mentioned -that if in any deposition of Benito or of any other -of the accused, Yucé’s slightest participation in the -affair of La Guardia had been mentioned, such a -deposition—or at least the respective extract from -it—must have found a place in the <i>dossier</i> of his -<span class="pagenum" id="Page_302">302</span> -trial. And we know that no such document is -present.</p> - -<p>Still further, we have the fact that the month -prescribed by the court for the submission of proof -was allowed to expire and another month after that, -and still Guevára had no proofs to lay before their -Reverend Paternities, beyond the depositions we have -already seen. Meanwhile, Yucé continued to languish -in prison.</p> - -<p>And here the following question suggests itself: -In view of the admission made by Yucé to the false -Rabbi in Segovia, why was he not closely and directly -questioned upon that matter? and in the event of his -withholding details, why was he not put to torture as -by law prescribed?</p> - -<p>Instead of that direct method of procedure, he was -left in complete ignorance of his self-betrayal and of -the source whence the inquisitors had derived their -knowledge of his association with the affair of La -Guardia.</p> - -<p>The only answer that suggests itself is that -Torquemada desired the matter to be very fully -elucidated, that the net should be very fully and -carefully spread—as we shall see—so that nothing -and no one should escape. And yet this answer is -hardly entirely satisfactory.</p> - -<hr class="tb" /> - -<p>If Guevára allowed months to pass without being -able to lay the required proofs of Yucé’s guilt before -the court, on the other hand Yucé himself had been -similarly unable to supply his counsel with any proof -of his innocence—as indeed was impossible in the -absence of all particulars of the charges against him.</p> - -<p>Thus for a season the case remains in suspense.</p> - -<p>Attempts to extract incriminating evidence from -the other prisoners having meanwhile failed by -ordinary judicial methods, the tribunal now has recourse -to other means. Having failed to compel or -induce the prisoners into betraying one another, -<span class="pagenum" id="Page_303">303</span> -the inquisitors now seek to lure them into self-betrayal.</p> - -<p>A well-known scheme is employed.</p> - -<p>Benito is moved into a chamber immediately under -Yucé’s. To while away the tedium of his imprisonment, -and with a light-heartedness that is a little startling in -a man in his desperate position, Yucé sits by his window -thrumming a viol or guitar one day towards the end of -March or in early April. The instrument may have -been left with him by the gaoler who was in the plot.</p> - -<p>What was no doubt expected comes to pass. -Yucé’s music is abruptly interrupted by a voice from -below, which asks:</p> - -<p>“Can you give me a needle, Jew?”</p> - -<p>Yucé replies that he has no needle other than a -cobbler’s.<a id="FNanchor_182" href="#Footnote_182" class="fnanchor">182</a></p> - -<p>The speaker is Benito Garcia, and it is certain -that spies have been set to overhear what passes. -We know that their conversation took place through -a hole in the floor contrived by the gaoler, who was -acting upon the instructions of the inquisitors.<a id="FNanchor_183" href="#Footnote_183" class="fnanchor">183</a></p> - -<p>Yucé is very circumspect in all that he says; but -Benito is entirely reckless during those first days of -their intercourse. And yet, whilst he admits that he -considers himself lost already through what “that dog -of a doctor” (by which he means the Reverend Inquisitor, -Dr. Villada) extracted from him under torture -in Astorga, he shows himself at other times not -without hope of regaining his freedom.</p> - -<p>He mentions a man named Peña, who is the -Alcalde of La Guardia. This man, he says, is interested -in him, and has—or so Benito fancies—influence -at Court which he would exert on Benito’s -behalf did he but know of the latter’s position.</p> - -<p>At another time he vows that, if ever he gets out -of prison, he will quit Spain and take himself off to -Judea. He is convinced that all this trouble has come -upon him as a punishment for having abandoned the -<span class="pagenum" id="Page_304">304</span> -Law of Moses and denied the true God to embrace the -religion of the Begotten God (<i>Dios Parido</i>).</p> - -<p>But apart from these, there are no lamentations -from him; more usually he is sardonic in his grievances, -as when he complains that all he got in -return for the money he gave for the souls in -purgatory were the fleas and lice that all but devoured -him alive in the prison of Astorga; or that all the -recompense he enjoyed for having presented the -Church with a holy-water font was to be subjected -to the water-torture by “that dog of a doctor in -Astorga.”</p> - -<p>He vows that he will die a Jew, though he should -be burnt alive. He inveighs bitterly against the -inquisitors, dubbing them Antichrists, and Torquemada -the greatest Antichrist of all; and he alludes derisively -to what he terms the frauds and buffooneries of the -Church.</p> - -<p>It was from Benito that Yucé, to his surprise, -received news of his father’s arrest and of the fact that -Ça Franco lies in that same prison of Avila. He was -informed of this during their first talk, when Benito -reproved his music.</p> - -<p>“Don’t thrum that guitar,” Benito had said, “but -take pity on your father who is here and whom the -inquisitors have promised to burn.”<a id="FNanchor_184" href="#Footnote_184" class="fnanchor">184</a></p> - -<p>In the course of another later conversation between -the prisoners Yucé asks Benito what has brought -about the latter’s arrest. And when Benito has related -the happening in the inn at Astorga, Yucé questions -him on the subject of the consecrated wafer—and his -questions certainly betray the fact that the young Jew -had previous knowledge of it and generally of the -affair that was afoot. He becomes so importunate in -his questions that Benito—perhaps finding them -awkward to answer without betraying the extent to -which he has incriminated his associates—sharply bids -Yucé to leave the matter alone, assuring him at the -<span class="pagenum" id="Page_305">305</span> -same time that he has never mentioned Yucé’s name -to the inquisitors.</p> - -<div id="i_304" class="figcenter"> -<img src="images/i_304.jpg" alt="" /> -<p class="small"><i>Photo by Donald Macbeth.</i></p> - -<p class="caption">SANBENITO OF PENITENT ADMITTED TO RECONCILIATION.<br /> -From Limborch’s “Historia Inquisitionis.”</p> -</div> - -<p>At first glance this statement appears untrue. But -it is obvious that Benito means that he has never -mentioned Yucé’s name in connection with the Host -or in any other way that could incriminate him. And -in this he is truthful enough as far as he knows, for he -could not suppose that what he had said about his own -offences against the Faith committed in Yucé’s house -at Tenbleque could in any way be construed against -the lad or his father.</p> - -<p>Passing on to other matters, they refer to a certain -widow of La Guardia, of whom Benito says that he -knows her to be a Judaizer, because she never ate -anything containing lard or ham, and he has frequently -seen her eat <i>adafinas</i> (the Jewish food prepared on the -Friday for the Sabbath) and drink <i>Caser</i> wine.<a id="FNanchor_185" href="#Footnote_185" class="fnanchor">185</a></p> - -<p>In the <i>dossier</i> of Yucé Franco there are no depositions -of the spy set to overhear his conversations with -Benito. But it is probable that some such depositions -will be found in the record of the trial of the latter, -where they must belong, since from the frankness -which he used he incriminated himself to an extraordinary -degree and Yucé not at all. And it is not to -be doubted that the inquisitors made use of information -thus obtained when they came to examine Yucé Franco -on April 9 and 10<a id="FNanchor_186" href="#Footnote_186" class="fnanchor">186</a> and in a subsequent examination -of August 1,<a id="FNanchor_187" href="#Footnote_187" class="fnanchor">187</a> when they drew from him a deposition -which embodies all the foregoing.</p> - -<p>On the margin of the last of these depositions -there is a note drawing attention to what was said -by Benito concerning the widow of La Guardia, -which shows that the inquisitors do not intend that -this piece of chance information shall be wasted.</p> - -<p>Acting no doubt upon the report of the spy, and -having at last obtained information upon which they -could go to work, the inquisitors, Villada and Lopes, -accompanied by their notary, pay Yucé Franco a -<span class="pagenum" id="Page_306">306</span> -surprise visit in his cell on the morning of Saturday, -April 9. Having obtained his ratification of what he -has already deponed at Segovia and in this prison of -Avila, they draw from him by vague and subtle -questionings the following additions to those admissions:</p> - -<p>About three years ago he was told by a Hebrew -physician, named Yucé Tazarte, since deceased, that -the latter had begged Benito Garcia to obtain him a -consecrated wafer, and that Benito had stolen the keys -of the church of La Guardia and so contrived to -obtain a Host; that in consequence of that theft, -Benito was arrested—upon suspicion, we suppose—two -years ago last Christmas (<i>i.e.</i> 1488), and detained -in prison for two days.</p> - -<p>Tazarte told Yucé that the wafer was required “to -make a cord with certain knots,” which cord, together -with a letter, Tazarte gave the witness for delivery to -the Rabbi Peres of Toledo, with which request Yucé -had complied.</p> - -<p>But beyond this, he adds, he has no knowledge of -what became of the Host, nor did Tazarte tell him; -and that not only Tazarte, but also Benito Garcia, -Mosé Franco—his own brother, since deceased—and -Alonso Franco of La Guardia, were mixed up in the -affair, according to what had been related by Mosé to -his wife Jamila. In this last particular he presently -corrected himself: it was not, he says upon reflection, -to Jamila that Mosé had related this, but to Yucé -himself.</p> - -<p>It is a curious statement, and would no doubt be -made in answer to the trend of the questions set him -as to what he knew of a certain Host that had been -used for purposes of magic. And there is reason to -believe that—as we shall see presently—Yucé was -deliberately lying, in the hope of putting the inquisitors -off the scent of the real affair.</p> - -<p>But it is noteworthy that in this, as in other -depositions, he is careful to betray no Jews whom -<span class="pagenum" id="Page_307">307</span> -his evidence can hurt. His brother and Tazarte are -dead; Alonso and Benito Garcia are already under -arrest, and the latter has admitted to Yucé that he has -already said enough to burn him. Moreover, they -are Christians—having received baptism—and their -betrayal cannot be to Yucé as serious a matter as -would that of a faithful Jew. Particularly is this -emphasized by his retraction of what he had said -concerning the slight connection of his sister-in-law -Jamila with the affair, having perhaps bethought him -that even so little might incriminate her—as undoubtedly -it would have done.</p> - -<p>The inquisitors withdraw, obviously dissatisfied, -and later on that same day they order Yucé to be -brought before them in the audience-chamber. There -they recommence their questions, and they succeed -in extracting from him a considerable portion of what -passed between him and Benito in prison—matters -of which, beyond all doubt, they would be already -fully informed.</p> - -<p>Twice on the following day, which was Sunday, was -he haled before their Reverend Paternities. At the -first audience his statement of yesterday is read over -to him, and when he has ratified it he is again pressed -with stealthy questions to add a little more of what -passed in those conversations with Benito. But in -the course of the second examination on that Sunday, -Yucé is at last induced or betrayed into supplying -the inquisitors with information nearer their requirements.</p> - -<p>He says that four years ago he was told by his -brother Mosé that the latter, with Tazarte, Alonso -Franco, Juan Franco, Garcia Franco, and Benito -Garcia had obtained a consecrated wafer, and that by -certain incantations they were to contrive that the -justice of the Christians and the inquisitors should -not have power to touch them. Mosé invited him to -join in the affair, but he refused to do so, having no -inclination, and being, moreover, on his way to Murcia -<span class="pagenum" id="Page_308">308</span> -at the time. And he knows, from what Mosé told -him, that about two years ago the same men repeated -the same enchantment with the same Host.<a id="FNanchor_188" href="#Footnote_188" class="fnanchor">188</a></p> - -<p>We do not know whether Yucé is now left in peace -for a whole month, but we cannot suppose it. And -we have to explain the absence of any report of an -examination during that period by the assumption -that whatever examinations did take place were -entirely fruitless and brought no fresh particulars to -light. As the <i>dossier</i> does not anywhere contain a -single record of a fruitless examination, this assumption—although -we admit its negative character—does -not seem unreasonable.</p> - -<p>Anyway, on May 7 it is Yucé himself who begs to -be taken before the inquisitors to tell them that he -remembers having asked Mosé where he and his associates -assembled to do what they did, so that the wives -of the latter—who were Christian women—should -have no knowledge of the affair, and Mosé had -answered him that they assembled in the caves -between Dosbarrios and La Guardia, on the road to -Ocaña.<a id="FNanchor_189" href="#Footnote_189" class="fnanchor">189</a></p> - -<p>It is difficult to suppose such a statement to be -entirely spontaneous as following upon depositions -made a month earlier. Much rather does it appear to -be the result of some fruitless questionings such as we -suggest may have taken place in the interval. Similarly -we assume that the examinations steadily continue, -but another month passes before we get the next -recorded one, and this—on June 9<a id="FNanchor_190" href="#Footnote_190" class="fnanchor">190</a>—contains a really -important admission.</p> - -<p>He says that <i>he doesn’t remember whether</i> he has -mentioned that some four years ago, being ill at -Tenbleque and the physician Tazarte having come to -bleed him, he overheard a conversation between his -brother and Tazarte, from which he learnt that the -latter, together with the Francos of La Guardia, had -performed an enchantment with a Host and the heart -<span class="pagenum" id="Page_309">309</span> -of a Christian boy, by virtue of which the inquisitors -could take no proceedings against them in any way, -or, if they did, the inquisitors themselves would die.</p> - -<p>His statement that he doesn’t remember whether -he had mentioned a matter of so grave a character is -either a foolish attempt to simulate guilelessness, or -else, in itself, it suggests a bewildered state of mind -resulting from the multiplication of examinations in -which this matter of the heart of a Christian boy—contained, -as we know, in Guevára’s indictment—has -been persistently thrust forward.</p> - -<div id="i_309" class="figcenter"> -<img src="images/i_309.jpg" alt="" /> -<p class="caption">THE DISTRICT OF LA GUARDIA.</p> -</div> - -<p>He is asked whether he heard tell whence they -procured the Host, and where they killed the boy to -obtain the heart. But he denies having overheard -anything, or having otherwise obtained any knowledge -of these particulars.</p> - -<hr class="tb" /> - -<p>We have seen Eymeric’s prescription for visiting -a prisoner and assuring him that the inquisitors will -pardon him if he makes a frank and full confession of -his crime and of all that is known to him of the crimes -of others. Although it is not positively indicated, -<span class="pagenum" id="Page_310">310</span> -there is reason to suppose from what follows that this -course was now being pursued in the case of Yucé -Franco. To play the part of the necessary mediator, -the inquisitors have at hand the gaoler who must have -been on friendly terms with the prisoner, having contrived -for him a means of communication with Benito -at the time when the latter had occupied the cell -immediately beneath Yucé’s. That Benito no longer -occupies this cell may safely be assumed; for having -served his turn, he would of course be removed -again.</p> - -<p>Whatever the steps that were taken to bring it -about, on July 19—a little over a year after his arrest—Yucé -is brought before Villada and Lopes,<a id="FNanchor_191" href="#Footnote_191" class="fnanchor">191</a> at his -own request, for the purpose of making certain -additions to <i>what he has already deponed</i>.</p> - -<p>He begins by begging their Paternities to forgive -him for not having earlier confessed all that he knew, -protesting that such is now his intention, provided -that they will pass him their word assuring him of -pardon and immunity for himself and his father for all -errors committed.<a id="FNanchor_192" href="#Footnote_192" class="fnanchor">192</a></p> - -<p>It certainly seems that without previous assurance -that some such consideration was intended towards -him, he would never have ventured to prefer a request -of this nature, at once incriminating—since it admitted -his possession of knowledge hitherto withheld—and -impudent in its assumption that such information would -be purchased at the price he named.</p> - -<p>The inquisitors benignly answered him that they -agreed to do so upon the understanding that in all he -should tell them the entire truth, and they warned him -that they would soon be able more or less to perceive -whether he was telling the truth.<a id="FNanchor_193" href="#Footnote_193" class="fnanchor">193</a> -<span class="pagenum" id="Page_311">311</span></p> - -<p>(This pretence of being already fully informed is -the ruse counselled by Eymeric to persuade the person -under examination of the futility of resorting to -subterfuge.)</p> - -<p>Reassured by this answer, and deluded no doubt -by the apparent promise of pardon conditional upon a -full confession, Yucé begins by offering, as an apology -for his past silence upon the matters he is about to -relate, the statement that this has been due to an oath -which he swore not to divulge anything until he should -have been in prison for a year.</p> - -<p>Thereupon he is sworn in the Jewish manner to -speak the entire truth without fraud or evasions or -concealment of anything known by him to concern -the Holy Office of the Inquisition, and he addresses -himself to the task of amplifying and rectifying what -he has previously said.</p> - -<p>His confession is that once some three years ago -he had been in a cave situated a little way back from -the road that runs from La Guardia to Dosbarrios, -on the right-hand side as you go towards the latter -place, and midway between the two villages. There -were present, in addition to himself, his father, -Ça Franco, his brother Mosé, since deceased, the -physician Yucé Tazarte and one David Perejon—both -deceased—Benito Garcia, Juan de Ocaña, and -the four Francos of La Guardia—Juan, Alonso, Lope, -and Garcia.</p> - -<p>Alonso Franco had shown him a heart, which he -said had been cut out of a Christian boy, and from -its condition Yucé judged that this had been lately -done. Further, Alonso had shown him a wafer, -which he said was consecrated. This wafer and the -heart Alonso enclosed together in a wooden box -which he delivered to Tazarte, and the latter took -these things apart, saying that he went to perform -an enchantment so that the inquisitors could -not hurt any of them, or, if they attempted to do -so, they must themselves go mad and die within a year. -<span class="pagenum" id="Page_312">312</span></p> - -<p>At this point the inquisitors interpolate two -questions:</p> - -<p>“Does he know whence the Host was obtained?”</p> - -<p>“Does he know whether they sacrificed any boy -to procure the heart?”</p> - -<p>His answer to the first is in the negative—he has -no knowledge.</p> - -<p>To the second question he replies that he remembers -hearing Alonso Franco state that he and -some of his brothers crucified a Christian boy whose -heart this was.</p> - -<p>Resuming his statement, he says that some two years -ago all the above-mentioned assembled again between -La Guardia and Tenbleque, and that on this occasion -it was agreed to send a consecrated wafer to Mosé -Abenamias of Zamora, and that such a Host was -delivered to Benito Garcia enclosed in parchment -tied with red silk. This, Benito was to take to -Abenamias, together with a letter which had first -been written in Hebrew, but which—lest this should -excite suspicion in the event of the letter’s being -discovered—was replaced by another one written in -Romance.</p> - -<hr class="tb" /> - -<p>The interpretation to place upon this seems to be -that, doubts having arisen as to the efficacy of the -enchantments performed by Tazarte, it was deemed -expedient to have recourse to a magician of greater -repute, and to send a consecrated wafer to Abenamias -in Zamora, that he might accomplish with it the -desired sorcery.</p> - -<hr class="tb" /> - -<p>The inquisitors press Yucé to say whether he -knows if Benito did actually deliver the wafer to -Abenamias. He replies that he doesn’t know what -Benito did with it; but that he has been told by -Benito [in the course of their conversations in the -prison of Avila] that he went upon a journey to -Santiago, and that in passing through Astorga he was -<span class="pagenum" id="Page_313">313</span> -arrested by order of Dr. Villada, who was the provisor -there at the time.</p> - -<p>As for the heart, he doesn’t know what happened -to it; but he believes that it remained in the possession -of Tazarte, who performed his enchantments -with it.</p> - -<p>Questioned as to who was the leading spirit in the -affair, he replies that Tazarte invited him together -with his father and his brother Mosé, and that they -all went together to the cave, whilst he believes that -the Christians (<i>i.e.</i> Ocaña, the Francos, and Benito -Garcia) and David Perejon from La Guardia were -also summoned by Tazarte.</p> - -<p>Finally he is asked whether Tazarte received any -money for his sorceries, and whether Benito Garcia -was paid to convey the Host to Zamora; and he -answers that money was given by Alonso Franco to -Tazarte, and that Benito too would be paid for his -trouble.</p> - -<hr class="tb" /> - -<p>From a ratification on the next day (July 20) of -a confession made by the octogenarian Ça Franco, -it becomes clear that immediately upon dismissing -Yucé, his father was introduced into the audience-chamber -for examination.</p> - -<p>The inquisitors are now possessed of the information -that Ça was present in the cave when Alonso -Franco produced the heart of a Christian child. -Working upon this and upon the other details -obtained from Yucé, they would now be able, by -a clever parade of these—and a seemingly intentional -reticence as to the rest—convincingly to feign the -fullest and completest knowledge of the affair. Thus -does the “Directorium” enjoin the inquisitor to -conduct his examination.</p> - -<p>Believing that all is betrayed, and that further -concealment will, therefore, be worse than useless, -Ça at last speaks out. He not only confirms all -that his son has already admitted, but he adds a -<span class="pagenum" id="Page_314">314</span> -great deal more. He confesses that he himself, his -two sons and the other Jews and Christians mentioned, -assembled in a cave on the right-hand side of -the road that runs from La Guardia to Dosbarrios, -and he says that some of them brought thither a -Christian boy who was there crucified upon two -timbers rectangularly crossed, to which they bound -him. Before proceeding to do this, the boy was -stripped by the Christians, who whipped and otherwise -vituperated him.</p> - -<p>He protests that he, himself, took no part in this -beyond being present and witnessing all that was done. -Pressed as to what part was taken by his son Yucé, he -admits that he saw the latter give the boy a light push -or blow.</p> - -<p>It is to this mention of Yucé that we owe the inclusion -in the present <i>dossier</i> of this extract from Ça’s ratification -of his confession, which reveals to us so clearly -the method pursued by the tribunal.</p> - -<p>Ça is removed, and Yucé is forthwith brought -back again. Questions recommence, shaped now -upon the further information gained, and betraying -enough of the extent of that information to compel -Yucé to amplify his admissions.</p> - -<p>No doubt they would question him directly upon -the matter of the crucifixion of the boy, insisting upon -this—now the main charge—and depending upon -Yucé’s replies to supply them with further details than -they already possess, so as to enable them to probe -still deeper.</p> - -<p>Unable to persist in denial in the face of so much -obvious knowledge on the part of his questioners, -Yucé admits having witnessed the actual crucifixion -in the cave some three or four years ago. He says -(as his father had said) that it was the Christians who -crucified the child, and that they whipped him, struck -him, spat upon him, and crowned him with thorns.</p> - -<p>So far he merely confirms what is already known. -But now he adds to the sum of that knowledge. He -<span class="pagenum" id="Page_315">315</span> -states that Alonso Franco opened the veins of the -boy’s arms and left him to bleed for over half an hour, -gathering the blood in a cauldron and a jar; that -Juan Franco drew a Bohemian knife (<i>i.e.</i> a curved -knife) and thrust it into the boy’s side, and that Garcia -Franco took out the heart and sprinkled it with salt.</p> - -<p>He admits that all who were present took part -in what was done, and he is able to indicate the -precise part played by each, with the exception of his -father: he doesn’t remember having seen his father -do anything beyond just standing there while all this -was going on; and Yucé reminds the inquisitors that -his father is a very old man of over eighty years of -age, whose sight is so feeble that he couldn’t so much -as see clearly what was being done.</p> - -<p>When the child was dead, he continues, they took -him down from the cross. (They untied him, he says.) -Juan Franco seized his arms, and Garcia Franco his -legs, and thus they bore him out of the cave. Yucé -didn’t see where they took him, but he heard Juan -Franco and Garcia Franco informing Tazarte that they -had buried him in a ravine by the river Escorchon.</p> - -<p>The heart remained in the possession of Alonso -until their next meeting in the cave, when he gave it, -together with the consecrated wafer, to Tazarte.</p> - -<p>“Did this,” they ask him, “take place by day or -by night?”</p> - -<p>“By night,” he answers, “by the light of candles -of white wax; and a cloak was hung over the mouth -of the cave that the light might not be seen outside.”</p> - -<p>He is desired to say when precisely was this; but -all that he can answer is that he thinks it was in Lent, -just before Easter, three or four years ago.</p> - -<p>They ask whether he had heard any rumours of -the loss of a child at about that time in that district, -and he says that he heard rumours of a child lost in -Lillo and another in La Guardia; the latter had gone -to a vineyard with his uncle, and had never been -seen again. But he adds that, in any case, the -<span class="pagenum" id="Page_316">316</span> -Francos came and went between La Guardia and -Murcia, and that on one of their journeys they might -easily have found a child and carried it off, because -they had sardine barrels in their carts, and some of -those would be empty—by which he means that they -could have concealed the child in one of these barrels.</p> - -<p>Urged to give still further details, he protests that -he can remember no more at present, but promises -to inform the court if he does succeed in recalling -anything else.</p> - -<p>He is dismissed upon that with an injunction from -Dr. Villada—which may have been backed by a -promise or a threat—to reflect and to confess all -that he knows to be the business of the Holy Office -concerning himself or any others. -<span class="pagenum" id="Page_317">317</span></p> - -<h2 id="CHAPTER_XXII">CHAPTER XXII<br /> - -<span class="medium">THE TRIAL OF YUCÉ FRANCO (<i>Continued</i>)</span></h2> - -<p>It is not difficult to conjecture with what fresh energies -the court—armed with such information as it now -possessed—proceeded to re-examine the other seven -prisoners accused of complicity in the crime of La -Guardia, pressing each with the particular share he -was himself alleged to have borne in the affair, and -continuing to play off one accused against another.</p> - -<p>It is regrettable that the records of these proceedings -should not at present be available, so that all -conjecture might be dispensed with in reconstructing -step by step this extraordinary case. And it is to be -hoped that M. Fidel Fita’s expectations that these -records will ultimately be brought to light may come -to be realized.</p> - -<hr class="tb" /> - -<p>A week later, on July 28, Yucé is again brought -into the audience-chamber for further examination. -But he has nothing more to add on the subject of -the actual crime. All that he has contrived to remember -in the interval are scraps of conversation that -took place when the culprits assembled—on that later -occasion—for the purpose of sending the consecrated -wafer to Abenamias. Nevertheless, what he says is, -from the point of view of the inquisitors, as damaging -to those who uttered the things which he repeats as -their actual participation in the crucifixion of the boy, -and it is hardly less damaging to Yucé himself, since it -shows him to have been a <i>fautor</i>, or abettor of heretics—a -<span class="pagenum" id="Page_318">318</span> -circumstance which he may very well entirely have -failed to appreciate.</p> - -<p>He depones that Alonso Franco had said that the -letter they were dispatching to Abenamias was better -than the letters and bulls [of indulgence] that came from -Rome and were offered for sale. Ocaña agreed by -launching an imprecation upon all who should spend -money on such bulls, denouncing such things as sheer -humbug (<i>todo es burla</i>), and protesting that there is no -saviour other than God. But Garcia Franco reproved -him with the reminder that it was good policy to buy -one now and then, as it gave them the appearance of -being good Catholics.</p> - -<p>On this same subject of appearances, Alonso grumbled -at the trouble to which they were put by the -fact of their being married to Old-Christian women -who would not even permit the circumcision of their -children.</p> - -<hr class="tb" /> - -<p>Three days later Yucé has remembered that it was -Benito who crowned the child with thorns. He is -again questioned as to what he knows about the boy, -and he admits having heard Tazarte say that the -child was obtained “from a place whence it would -never be missed.”</p> - -<p>They press him further on the subject, but he can -only repeat what he has already said—that as the -Francos travel a great deal with their carts, they may -have found the boy on one of their journeys.</p> - -<p>As no more is to be extracted from him on the -subject, they now change the line of examination, and -seek information concerning other Judaizing practices -of the Francos of La Guardia, asking Yucé what he -knows upon this matter.</p> - -<p>He answers that about six years ago the Francos, -to his own knowledge, kept the Feast of the Tabernacles -and gave the beggar Perejon money to buy a -trumpet which was to be sounded on the seventh day -of the feast, as is proper. He knows, further, that -<span class="pagenum" id="Page_319">319</span> -they sit down to meat prepared in the Jewish manner, -over which they utter Jewish prayers—the <i>Beraká</i> and -the <i>Hamoçi</i>—and that they are believed to have kept -the great fast and to give money for the purchase of -oil for the synagogue.<a id="FNanchor_194" href="#Footnote_194" class="fnanchor">194</a></p> - -<p>Asked further to explain the oath of secrecy which -he says was imposed upon him and to which he has -said that his past silence has been due, he states that -all were solemnly sworn by Tazarte that under no -circumstances would they utter a word of what was -done in the cave between Dosbarrios and La Guardia -until they should have been one year in the prison -of the Inquisition, and that even should the torture -betray them into infidelity to their oath, they must -refuse to ratify afterwards, and deny what they might -have divulged.</p> - -<hr class="tb" /> - -<p>M. Isidore Loeb clung so tenaciously to the theory -that the affair of the “Santo Niño” was trumped up -by Torquemada that he would not permit his convictions -to be shaken by the revelations contained in -these records of Yucé’s trial when they came to light. -He fastens upon this statement of Yucé’s and denounces -such an oath as a flagrant absurdity, concluding thence -that here, as elsewhere, Yucé is lying.<a id="FNanchor_195" href="#Footnote_195" class="fnanchor">195</a></p> - -<p>M. Loeb’s criticisms of this <i>dossier</i> are worthy of -too much attention to be lightly passed over, and we -shall return presently to the consideration of them.</p> - -<p>In the meanwhile we may permit ourselves a -digression here to consider just this point upon which -he bases so much argument for the purpose of proving -false the rest of the story.</p> - -<p>If we were to agree with M. Loeb that Yucé is -lying in this instance, that would still prove nothing as -to the rest—and it would be very far from proving -that Torquemada is the inventor of the whole affair. -Assuming that this tale of an oath of silence to endure -<span class="pagenum" id="Page_320">320</span> -for one year after arrest is a falsehood, it may very -well be urged that it is employed by Yucé in the -hope that it will excuse his having hitherto withheld -information and that it will induce the inquisitors to -deal leniently with him for that same silence. Let it -be observed that he prefaces his confession with that -excuse at the time of asking the inquisitors to give -him an undertaking that they will pardon him if he -divulges all that he knows.</p> - -<p>But is he really lying?</p> - -<p>It seems to us that in arriving at this conclusion, -M. Loeb has either overlooked or else not sufficiently -weighed the following statement in Yucé’s confession: -“<i>Yucé Tazarte ... went to perform an enchantment -so that the inquisitors could not hurt any of them, or -if they attempted to do so they must, themselves, go mad -and die</i> within a year.” This means, of course, within -a year of attempting to hurt any of them, which again -means <i>within a year of the arrest of any of them</i>.</p> - -<p>Now, the fact of our not believing to-day in the -efficacy of Tazarte’s incantations and in the power of -his magic spells with the heart and the Host to -accomplish the things he promised, is no reason to -suppose that Tazarte himself was not firmly persuaded -that his enchantments would take effect. Indeed, he -and his associates must firmly have believed it, or they -would never have gone the length of imperilling their -lives in so dangerous a business.</p> - -<p>Tazarte’s belief was that these sorceries would -invest them all with an immunity from inquisitorial -persecution, and that should any inquisitors attempt -to violate that immunity, such inquisitors must go mad -and die within a year of arresting any of Tazarte’s -associates. Therefore in the event of arrest, all that -would be necessary to procure ultimate deliverance -would be stubbornly to withhold from the inquisitors -all information on the subject of this enchantment -until the period within which it was to work should -have expired. -<span class="pagenum" id="Page_321">321</span></p> - -<p>When this is sufficiently considered, it seems to us -that such an oath as Yucé says was imposed by -Tazarte becomes not only likely but absolutely inevitable. -Some such oath must have been imposed to -ensure the efficacy of the enchantment in the event of -the arrest of any of them.</p> - -<p>It is difficult to think that Tazarte was a mere -charlatan performing this business with his tongue in -his cheek for the sake of the money he could extract -from his dupes; difficult, because he was dealing with -comparatively poor people, from whom the remuneration -to be obtained would be out of all proportion to the -risk incurred. But even if we proceed upon that -assumption, are we not to conclude that, being a -deliberate charlatan, Tazarte would be at great pains -to appear sincere and to impose an oath which he must -have imposed if he were sincere?</p> - -<hr class="tb" /> - -<p>It is rather singular and it seems to ask some -explanation, which it is not in our power to afford, -that not until now do the inquisitors make any use -of that grave admission of Yucé’s to the supposed -Rabbi Abraham in Segovia. It is true that it was -extremely vague, but in Ça’s admissions of July 19—if -not before—they had obtained the connecting link -required.</p> - -<p>But not until September 16, when they pay Yucé -a visit in his cell, do they touch upon the matter. -They then ask him whether he recollects having talked -when under arrest in Segovia, upon matters concerning -the Inquisition, and with whom.</p> - -<p>His answer certainly seems to show that even now -he has no suspicion that the “Rabbi Abraham” was -an emissary of the Holy Office. He says that being -sick in prison and believing that he was about to die, -he asked the physician who tended him to beg the -inquisitors to allow him to be visited by a Jew to pray -with him, and his further admissions as to what passed -between himself and the “Rabbi” entirely corroborate -<span class="pagenum" id="Page_322">322</span> -the depositions of Frey Alonso Enriquez and the physician -Antonio de Avila.</p> - -<p>The inquisitors ask him to explain the three Hebrew -words he used on that occasion: <i>mita</i>, <i>nahar</i>, and -<i>Otohays</i>. He replies that they referred to the crucifixion -of the boy, as related by him in his confession.<a id="FNanchor_196" href="#Footnote_196" class="fnanchor">196</a></p> - -<p>At this stage it would almost seem to transpire -that Benito’s admissions under torture at Astorga, -when, as he has said, he admitted enough to burn him, -must have been confined to matters concerning the -Host found upon him, and that until now he has said -nothing about the crucifixion of the boy.</p> - -<p>This assumption is one that deepens the mysterious -parts of the affair rather than elucidates them, for -it leaves us without the faintest indication of how -the Fiscal Guevára was able to incorporate in his -indictment nine months ago the particulars of -“enchantments with the said Host and heart of a -Christian boy.”</p> - -<p>From what Benito has said to Yucé in prison we -might be justified in supposing that the former is the -delator; but in view of the turn now taken by the proceedings -this supposition seems to become untenable. -It is of course possible that the particulars in question may -have been wrung out of one of the other prisoners, or -it is possible that Benito himself may have confessed -and afterwards refused to ratify. But beyond indicating -these possibilities we cannot go.</p> - -<p>The fact remains that on September 24 the -inquisitors found it necessary to put Benito Garcia to -torture that they might obtain his evidence relating to -the crucifixion.</p> - -<p>And on the rack he confesses that he and -Yucé Franco and the others crucified a boy in one -of the caves on the road to Villapalomas on a cross -made of a beam and the axle of a cart lashed together -with a rope of hemp; that first they tied the boy to -the cross and then nailed his hands and feet to it; and -<span class="pagenum" id="Page_323">323</span> -that as the boy was screaming they strangled or stifled -him (<i>lo ahogaron</i>); that all was done at night, by the -light of a candle which Benito himself had procured -from Santa Maria de la Pera; that the mouth of the -cave was covered with a cloak, so that the light should -not be seen outside; that the boy was whipped -with a strap and crowned with thorns—all in mockery -and vituperation of our Lord Jesus Christ; and that -they took the body away and buried it in a vineyard -near Santa Maria de la Pera.<a id="FNanchor_197" href="#Footnote_197" class="fnanchor">197</a></p> - -<p>There are some slight discrepancies between the -details of the affair afforded by Benito and those given -by Yucé. The latter has not mentioned that the -child’s hands and feet were nailed to the cross; -according to him they were merely tied. Nor has -he said that the boy was strangled; his statement -seems to be that the child was bled to death, as a -consequence of opening the veins of his arms—a matter -which Benito does not mention. But on the score -of the strangling, it is possible that by the word -employed—<i>ahogaron</i>—Benito merely means that the -boy’s cries were stifled, a detail which would be confirmed -by Yucé’s statement that the child was gagged.</p> - -<hr class="tb" /> - -<p>The prisoners are evidently permitted to learn -that Benito has been tortured. Very possibly they -are given the information to the end that it may strike -terror into them and so induce them to betray themselves -without more ado. But it does not seem that -they are very greatly frightened by the prospect of -having to undergo the same suffering, if we are to -judge by Garcia Franco. This prisoner is permitted -on the following day (which is Sunday), by contrivance -of the Holy Office, to get into communication with -Yucé. In the course of their conversation Garcia -strongly urges a policy of denial under torture, should -they be subjected to it,<a id="FNanchor_198" href="#Footnote_198" class="fnanchor">198</a> from which it seems plain -<span class="pagenum" id="Page_324">324</span> -that he has no notion of the extent to which Yucé’s -tongue has been loosened already.</p> - -<p>On the following Wednesday it is Juan Franco’s -turn to be put to the torture.</p> - -<p>Under it he gives a general confirmation of what -has already been extracted from the others. He -confesses that he and Yucé Franco and the other -Christians and Jews crucified a boy in the cave of -Carre Ocaña, which is on the right going from La -Guardia to Ocaña; that they crucified him on a cross -made of two beams of olive-wood lashed together by -a rope of hemp; that they whipped him with a rope; -and that Yucé was present when the deponent -himself cut out the boy’s heart—as is more fully -contained in the deponent’s confession (of which, -again, this is no more than an extract relating to -Yucé’s share in the crime). He states that an enchantment -was performed with the heart, so that the -Inquisition might not proceed against them.</p> - -<p>This confession was duly ratified upon the -morrow.<a id="FNanchor_199" href="#Footnote_199" class="fnanchor">199</a></p> - -<p>On the Friday of the same week they torture -Juan de Ocaña and extract from him a confession -that is, in the main, in agreement with those already -obtained. He relates how he and the others crucified -a boy in the caves of Carre Ocaña; that they whipped -him with ropes when he was crucified; that they cut -out his heart and caught his blood in a cauldron; that -it was night and that they had a light; and that when -they took the body down they buried it near Santa -Maria de la Pera, as fully set forth in his confession.<a id="FNanchor_200" href="#Footnote_200" class="fnanchor">200</a></p> - -<p>As a consequence of his having in the course of -this confession spoken of the Host that was sent to -Zamora for delivery to Abenamias, Ocaña is questioned -again—on October 11—touching this particular. He -is asked how he knows that this was done. He -replies that he heard Alonso Franco and the Jews—<i>i.e.</i> -Ça Franco and his sons (Yucé and Mosé), Tazarte -<span class="pagenum" id="Page_325">325</span> -and Perejon—say that such was the intention, but he -doesn’t know whether the Host was actually delivered -or otherwise disposed of.</p> - -<p>The persistence with which this apparently trivial -question arises—particularly when it is remembered -that the inquisitors were, themselves, in possession -of the Host found upon Benito at the time of his -arrest—leads us to suppose that they were probing -to discover whether this consecrated wafer was the -identical one dispatched upon the occasion to which -the confessions refer. Considering the lapse of time -between the dispatch of that wafer and Benito’s arrest, -they may reasonably have been concluding that the -Host found upon the latter relates to some similar, -later affair. Such an impression is confirmed by the -fact that no letter—such as was addressed to Abenamias—had -been discovered upon Benito.</p> - -<p>The question again crops up in an examination to -which Yucé is submitted on that same day.</p> - -<p>“Did any of the Jews or Christians,” he is asked, -“go to Zamora to Abenamias in this matter?”</p> - -<p>He answers precisely as he has answered before: -that he doesn’t know what became of the Host beyond -the fact that he saw them dispatching it together with -a letter to the said Abenamias, as deponed, and that -all were present when this took place.</p> - -<p>They seek to learn who was the instigator of the -affair, but Yucé cannot answer with certainty on that -point. What he knows he tells them—that Tazarte -meeting him when he was on his way to Murcia, the -physician asked him would he join in a matter to be -performed with a consecrated wafer to ensure that the -Inquisition could not harm the Christians in question. -Before they met to crucify the boy, Tazarte told the -deponent and his brother Mosé that he had arranged -for it; and although Yucé protests that he had no -inclination to have anything to do with the affair, he -and his brother allowed themselves in the end to be -persuaded to be present, and they went with Tazarte -<span class="pagenum" id="Page_326">326</span> -that same night to the cave. There they were -joined by the Christians, who brought the child with -them.</p> - -<hr class="tb" /> - -<p>So far, it will be seen, the evidence collected from -Yucé’s fellow-prisoners, whilst admitting that he had -been present in the cave when the boy was crucified—an -admission in itself grave enough and quite sufficient -to procure his being abandoned to the secular arm—did -not charge him with any active participation in the -proceedings. In his own depositions Yucé had insisted -that he and his father had been no more than spectators -and that they had gone to the cave more or less in -ignorance, as if hardly understanding what they were -to witness.</p> - -<p>Moreover before relating the happenings in that -cave of Carre Ocaña, Yucé had made a sort of bargain -with the inquisitors that his confession should not be -used against himself or his father. And it is noteworthy -that the other Jews whom he incriminated were -all dead, and that he suppressed the name of the only -surviving Jew—Hernando de Ribera—who had taken -part in the affair. Of betraying the New-Christians -he would, as we have already said, have less concern, as -these by their apostasy must have become more or less -contemptible in the sight of a faithful Jew.</p> - -<p>Whether the inquisitors conceived that in view of -his passivity in the matter, combined with the promise -they had made him before obtaining his confession, -they were not justified in proceeding to extremes with -him, we do not know. It is difficult to suppose any -such hesitation on their part. Whatever their object, -it is fairly clear that they did not account themselves -satisfied yet, and for the purpose of probing this matter -to the very bottom they now adopted a fresh method -of procedure which appears particularly to aim at the -further incrimination of Yucé.</p> - -<p>Just as the court was in the habit of suppressing -evidence entirely or in part, or the names of witnesses, -<span class="pagenum" id="Page_327">327</span> -when this course best served its purposes, so, when -the depositions were obtained from co-accused, there -must obviously come a moment when the publication -of the evidence and of the witnesses by confrontation -must further the aims of the tribunal.</p> - -<p>The anger aroused in each prisoner by the discovery -that his betrayer is one of his associates must spur -him to reprisals, and drive him to admit anything he -may hitherto have concealed. There is, of course, -the danger that he may be urged to embark upon -inventions to damage in his turn the man who has -destroyed him. But inquisitorial justice was not -deterred by any such consideration. Pegna—as we -have seen—tells us plainly enough that the point of -view of the Holy Office was that it was better that an -innocent man should perish than that a guilty one -should escape.</p> - -<p>In pursuit of this policy, then, Benito Garcia is -brought before the inquisitors on October 12, and he -is asked whether in the matter of the crucifixion and -the Host he will repeat in the presence of any of the -participators in the crime what he has already deponed. -He replies in the affirmative. Thereupon he is taken -out. Yucé Franco is introduced and asked the same -question with the same result. Benito is brought in -again, and, the two being confronted, each repeats in -the presence of the other the confession he has already -made.</p> - -<p>They are now asked whether they will repeat these -statements once more, in the presence of Juan de -Ocaña, and they announce themselves ready to do -so. They are removed. Ocaña is introduced, and -having similarly obtained his agreement to repeat -before others whom he has accused of complicity what -he has already confessed, the inquisitors order the -other two to be brought back.</p> - -<p>The notary records that they actually manifest -pleasure at seeing one another.</p> - -<p>Ocaña now repeats his confession, and Yucé and -<span class="pagenum" id="Page_328">328</span> -Benito again go over theirs. The three agree one -with the other, and it is now further elicited that -it was six months after the crucifixion, more or less, -when they assembled between Tenbleque and La -Guardia to give Benito the letter and the Host which -he was to convey to Abenamias in Zamora.</p> - -<hr class="tb" /> - -<p>On October 17 there is another confrontation—of -Juan Franco with Ça and Yucé Franco. In this each -repeats what he has already confessed, which we now -learn for the first time. Juan Franco admits that it -was he himself who opened the boy’s side and took -out his heart, and in this as in other particulars the -depositions agree one with another.</p> - -<p>Juan Franco goes on to say that they next met in -the cave some time after the crucifixion, and that his -brother Alonso brought the heart and the Host in a -box which he gave to Tazarte, who withdrew with -them to a corner of the cave to carry out his enchantments. -Later on they assembled between Tenbleque -and La Guardia—at a place which, according to this -witness, was called Sorrostros—and gave Benito a -letter to take to Zamora, this letter being tied with -a coloured thread.</p> - -<p>So far he is completely in accord with the other -deponents; but now there occurs a startling discrepancy. -He says that at this last meeting (which, -we are told, took place some six months after the -crucifixion), in addition to the consecrated wafer and -the letter for Abenamias, they also gave Benito the -heart to take to Zamora.</p> - -<p>Now all the other depositions lead us to suppose -that the heart and the first wafer were employed—presumably -consumed in some way—by Tazarte in -the enchantment performed at the first meeting after -the crucifixion, and that as doubts afterwards arose -touching the efficacy of the spells performed by the -physician, another Host was obtained some six months -later, which they forwarded to Zamora. -<span class="pagenum" id="Page_329">329</span></p> - -<p>Is the explanation the simple one that Juan Franco -is mistaken on the subject of the heart? It seems -possible, because he adds that he did not actually see -the Host (on this particular occasion), but that he -understood that it was given to Benito. Similarly he -may have understood—erroneously taking it for -granted—that the heart accompanied it.</p> - -<hr class="tb" /> - -<p>And now you may see the confrontation bearing -fruit, and yielding the results which we must suppose -are sought by the inquisitors—the further incrimination -of Yucé Franco.</p> - -<p>Juan de Ocaña is examined again on October 20 -and questioned as to Yucé’s participation in the crime. -He now adds to his former confession that Yucé and -the others used great vituperations to the child, which -vituperations were really aimed at Jesus Christ; he -cites the expressions, and in the main they are those -we have already quoted from the Testimonio<a id="FNanchor_201" href="#Footnote_201" class="fnanchor">201</a>; these, -he says, were used by Ça Franco and his two sons. -He says that they all whipped the boy, and that it was -Yucé himself who drew blood from the arms of the -victim with a knife.</p> - -<p>“Whence was the child?” they ask him.</p> - -<p>He replies that it was the dead Jew Mosé Franco -who had brought the boy from Quintanar to Tenbleque -on a donkey, and that, according to Mosé’s -story, he was the son of Alonso Martin of Quintanar.<a id="FNanchor_202" href="#Footnote_202" class="fnanchor">202</a> -From Tenbleque several of them, amongst whom -were Yucé and his father, brought him on the donkey -to the cave where he was crucified, and it was Yucé -who went to summon the brothers Franco of La -Guardia, Benito Garcia, and the witness himself.</p> - -<p>So that from having been a more or less passive -spectator of the scene, Yucé is suddenly—by what we -<span class="pagenum" id="Page_330">330</span> -are justified in accounting the vindictiveness of Ocaña—thrust -into the position of one of the chief actors, -indeed, almost one of the instigators of the crime.</p> - -<p>On the same day Benito Garcia is re-examined. -His former depositions are read over to him, and he is -asked if he has anything to add to them. He has to -add, he finds, that Yucé—whom he has hardly mentioned -hitherto—had whipped and struck the boy, and -that he was an active participant in all that was done, -his avowed aim being the destruction of Christianity, -which he spoke of as buffoonery and idolatry.</p> - -<p>On the morrow Ocaña is brought back to ratify his -statements of yesterday. He is asked if he has anything -to add that concerns the participation of Yucé, -and his answer is so very much in the terms of the -latest additions made by Benito that one is left wondering -whether, departing from their usual custom, -the inquisitors put their questions in a precise and -definite form—founded upon what Benito has said—and -obtained affirmative replies from Ocaña. For -Ocaña, too, remembers that Yucé said that Christianity -was all buffoonery and that Christians were idolaters. -<span class="pagenum" id="Page_331">331</span></p> - -<h2 id="CHAPTER_XXIII">CHAPTER XXIII<br /> - -<span class="medium">THE TRIAL OF YUCÉ FRANCO—(<i>Concluded</i>)</span></h2> - -<p>It might now be said that, thanks to the patient efforts -which the inquisitors themselves have been exerting -for close upon a year, the prosecutor is at last -furnished with the evidence necessary to support his -original charge against Yucé Franco.</p> - -<p>To this end he appears before the court on that -same October 21, 1491, to present in proof of his -denunciation the entire <i>dossier</i>, as taken down by the -notary of the tribunal. He begs that Yucé be brought -into the audience-chamber to hear the additions which -he has to make to the original charge. These additions -are the matters lately extracted from Ocaña -and Benito Garcia: that Yucé used vituperative words -to the child when he was being crucified, and that -these vituperations were really aimed at our Lord -Jesus Christ and His Holy Catholic Faith; that he -struck the boy many times, and that he drew blood -from the boy’s arm with a penknife. Wherefore, he -begs the inquisitors to abandon the prisoner to the -secular arm, as is right and proper.<a id="FNanchor_203" href="#Footnote_203" class="fnanchor">203</a></p> - -<p>He does not, however, add that Yucé’s brother -had procured the child, and that Yucé was one of -those who brought him to the cave and who summoned -the Francos to attend—an omission which shows the -credit attached to Ocaña’s statement and its lack of -corroboration.</p> - -<p>Yucé’s answer is a denial of all that is alleged and -<span class="pagenum" id="Page_332">332</span> -added by the Fiscal, the lad protesting that he never -did or said anything beyond what he has, himself, -confessed.</p> - -<p>Guevára, thereupon, petitions the court to permit -him to submit his proofs of the matters of which he -accuses the prisoner, and the court having accorded -him this petition, he puts in as evidence the entire -<i>dossier</i> from which we have drawn these pages on the -subject.<a id="FNanchor_204" href="#Footnote_204" class="fnanchor">204</a></p> - -<p>Five days later both parties are again before the -court, Guevára now petitioning their Reverend -Paternities to pass to the publication of witnesses, -that the trial may be brought to its conclusion. -Dr. Villada announces his readiness to do so, but -accords the defendants three days within which to -lodge any objection to any of the matter contained in -the depositions.</p> - -<p>Yucé begs through his advocate that copies be -given him of all the depositions of those who were -present at the crucifixion, with the name of each -hostile witness and a statement of the day, month, -year, and place in which anything alleged against him -is said to have taken place.</p> - -<p>But Guevára immediately objects, urging that in -the copies of the depositions to be given defendant, -no names shall appear of any of the witnesses who -had deponed, and no circumstances shall be included -which might enable Yucé to conjecture the names. -It seems a purely formal objection; for after the confrontations -there have been it appears to serve very -little purpose. But some purpose it does serve, -because those confrontations after all were limited -to Ocaña and Benito, and from the moment that it -was not considered necessary to proceed to confrontation -with any of the other prisoners it would seem -that they had needed no such spur to drive them into -depositions hostile to Yucé.</p> - -<p>However, the reverend inquisitor replies loftily -<span class="pagenum" id="Page_333">333</span> -enough that he will do what justice demands, and he -orders the notary to deliver to Yucé copies of all the -depositions against him. But from Yucé’s advocate’s -plea on October 29—upon the expiry of the three days -appointed—it is plain that the particulars claimed have -been withheld.</p> - -<p>From the fact that the advocate Sanç has drawn -up so strong an objection on behalf of his client, it is -perfectly clear that even at this date Yucé’s guilt of -heresy cannot be considered as established. If that -were the case, Sanç, in obedience to the oath imposed -upon him when entrusted with the defence, would -have been compelled to lay down his brief and -withdraw.</p> - -<p>Yucé denies all the allegations against him which -charge him with having taken any active part in the -crucifixion of the boy, and he protests that he is -unable properly to defend himself because the copies -of the depositions supplied him do not mention time -or place of the alleged offences nor yet the names of -the witnesses by whom these allegations are made. -Upon the assumption, however, that these deponents -are Benito Garcia, Juan Franco, and Juan de Ocaña, -he proceeds to answer the charges as best he can.</p> - -<p>This answer consists of a repudiation of those -depositions as inadmissible upon the grounds that -they do not agree one with another, and that each -refers to a separate circumstance, no two confirming -any one particular accusation, and all being contrary -to what the same witnesses had stated in confrontation -with the defendant, when each had acknowledged -that Yucé’s relation of the events was the true one. -Hence it is established that on one or the other of -these occasions they must have lied, from which it -follows that they are perjured and unworthy of faith.</p> - -<p>Further, he claims that they may not be admitted -as witnesses because they were, themselves, participators -in the crime committed. Finally, he declares -that their implication of himself is an act of spite and -<span class="pagenum" id="Page_334">334</span> -vengeance upon him. It is his full and faithful confession -which has placed the inquisitors in possession -of the facts of the case and the names of the offenders, -and the latter are determined that since they themselves -must die, Yucé shall die with them—out of -which malice and enmity they have accused him.</p> - -<p>Upon these grounds, and insisting that he has told -them the utter and complete truth, and that he himself -was no more than a witness of the events, and in no -way a participator, Yucé bases his defence, and begs -that the depositions should cease to weigh against him.<a id="FNanchor_205" href="#Footnote_205" class="fnanchor">205</a></p> - -<p>Guevára’s answer, if it inclines to the grotesque, is -quite typical, and is certainly more to the taste of the -court.</p> - -<p>He denies that the witnesses are inspired by any -such animosity as Yucé suggests, and he asserts that -they have deponed “with devout zeal of faith, and to -deliver their souls from peril.” And amongst these, -be it remembered, was Benito Garcia, who conceived -that the worst thing he had ever done in his life had -been to get himself baptized a Christian, and who continued -firm in his resolve to die a Jew at all costs. Only -at the very stake itself—as we shall see—did he recant -again, that he might earn the mercy of strangulation. -Yet Guevára does not hesitate to say—what he must -know to be untrue—that these men have confessed -“with devout zeal of faith.”</p> - -<p>On these grounds Guevára urges that the depositions -must be admitted as made in good faith and -as proof; and since the said Yucé Franco would not -spontaneously confess all that he had done, their -Reverend Paternities should put him to the question -of torture, as by law prescribed in such circumstances as -the present.<a id="FNanchor_206" href="#Footnote_206" class="fnanchor">206</a></p> - -<p>The court agrees with its Fiscal and proceeds to -draw up a list of fifteen questions to be put to the -accused.<a id="FNanchor_207" href="#Footnote_207" class="fnanchor">207</a></p> - -<p>With this list the inquisitors Villada and Santo -<span class="pagenum" id="Page_335">335</span> -Domingo, accompanied by their notary, go down into -the prisons of the Inquisition on November 2, and -order Yucé Franco to be brought before them.</p> - -<p>“Very lovingly and humanely” they admonish -him to tell the whole truth of the things known to -him that are the business of the Holy Office, and -particularly in answer to the questions they have prepared. -These questions being summed up amount to -the following: Whence was the child that was crucified? -Whose child was it? Who brought it to the -cave? Who first set on foot this affair?</p> - -<p>They promise him that if he makes truthful answer -they will use him as mercifully as the law and their -consciences permit.</p> - -<p>Yucé has cause to mistrust any such promises. -His first confession was made three months ago under -a promise of pardon, and he has every reason to -suppose that it has been the ruin of him.</p> - -<p>He says, however, that being in the cave on the -occasion when they foregathered there for the enchantment—about -fourteen days after the crucifixion—he -heard Tazarte inquire whence was the child, and Juan -Franco replied before all that it was from a place -whence it would never be missed, “as stated in his -confession.”</p> - -<p>(When last asked this question—at the time of -making his confession—he had attributed these words -to Tazarte.)</p> - -<p>He protests that he can remember no more than -he has already confessed.</p> - -<p>Their Reverend Paternities deplore his stubbornness. -They tell him that since he will not speak the -entire truth of what he knows—as they have proof—they -must proceed to other measures. They summon -Diego Martin, the torturer, and into his hands they -deliver the prisoner, with orders to take him to the -torture-chamber, strip him naked, and bind him to -the <i>escalera</i>—intending, if necessary, to proceed to the -water-torture. -<span class="pagenum" id="Page_336">336</span></p> - -<p>This is done, and Yucé is stretched naked and -cruelly bound with ropes that bite into his flesh as -a foretaste of the <i>garrote</i> by which his torments will -commence. The inquisitors enter—possibly after a -delay sufficient to allow the mental torture of anticipation -to terrorize the patient into a more amenable -frame of mind.</p> - -<p>Again they admonish him for his own sake to -speak what he knows, and they even point out to him -that it is his duty as a God-fearing Jew to speak the -truth. Again they promise to deal mercifully with -him if he will answer their questions fully and truthfully; -and lastly they protest that if his blood is shed -in the course of what is to follow, or should he suffer -any other harm, or mutilation of limb, or even death, -the blame must fall entirely upon himself and nowise -upon their reverences.</p> - -<p>Fully intimidated by this skilful accumulation of -terrorizing agents, Yucé implores them to repeat their -questions, which he will do his best to answer.</p> - -<p>“Whence,” they ask him again, “was the boy who -was crucified at La Guardia?”</p> - -<p>“Juan Franco,” he replies, “brought him from -Toledo.” He adds that Juan Franco announced this -before them all, and told them that he had kept the -child concealed in La Hos de La Guardia for a day -before bringing him to the cave to be crucified.</p> - -<div id="i_336" class="figcenter"> -<img src="images/i_336.jpg" alt="" /> -<p class="small"><i>Photo by Donald Macbeth.</i></p> - -<p class="caption">SANBENITO OF PENITENT RELAPSED.<br /> -From Limborch’s ‘Historia Inquisitionis.’</p> -</div> - -<p>What is not to be explained is why Yucé should -have waited until he was strapped to the <i>escalera</i> before -making this statement. Why did he not make it when -the question was asked him at his last examination—if -not in his original confession? It cannot be pretended -that he was endeavouring to screen Juan -Franco, because he has very amply betrayed him in -other ways. Is the explanation that under fear of -torture he felt the need to invent an answer likely to -satisfy the inquisitors? It can hardly be that, because -Juan Franco himself is to admit—as we shall see—the -truth of this detail. It only remains to be supposed -<span class="pagenum" id="Page_337">337</span> -that the lively fear of torture had sharpened the young -Jew’s memory. But that again seems hardly satisfactory -as an explanation.</p> - -<p>“Where,” they ask him next, “is La Hos?”</p> - -<p>“It is,” he replies, “a meadow by the River -Algodor,” and he goes on to explain that Juan Franco -had told them all that he had taken a load of wheat to -Toledo to sell, and that, having sold it, he went to an -inn, and later on he found the boy in a doorway and -coaxed him away with <i>nuégados</i> (a sweetmeat composed -of flour, honey, and nuts—nougat). Thus he -got him into his cart and brought him to La Guardia.</p> - -<p>Yucé doesn’t know who were the child’s parents, -nor in what street of Toledo he was taken by Juan -Franco, as the latter did not mention those particulars.</p> - -<p>“Who were the first to propose the affair? Did -the Jews engage the Christians in it, or the Christians -engage the Jews?”</p> - -<p>He answers that the Francos of La Guardia, -fearing the Inquisition, performed an enchantment -in the first instance with a consecrated wafer, as -he has already confessed (October 11), and then -repaired to Tazarte asking him to do something -more efficacious, as the sorcery with the wafer had -had no result. Tazarte agreed, and bade them procure -a Christian boy for the purpose. When Juan -Franco brought him, it was decided to cut out his -heart, that with this heart and a wafer a stronger -enchantment might be performed.</p> - -<p>“Why was he done to death by crucifixion rather -than in any other way?”</p> - -<p>Yucé believes that the crucifixion was preferred in -vituperation of Jesus Christ. But again he protests -that his own share was no more than he has confessed -already.</p> - -<p>“What were the particular vituperations used to -the child, and by whom?”</p> - -<p>His answer to this question incriminates all those -who were present at the affair; the vituperations -<span class="pagenum" id="Page_338">338</span> -which he tells the inquisitors were employed were -rather indecent, and include a scurrilous version of -the Incarnation which would, no doubt, be current -at the time among Jews and other enemies of -Christianity in Spain and elsewhere—a story, it is -needless to add, entirely idle and foolish, and rather -the obvious thing to be conceived in those days against -any historical character who might be detested.</p> - -<p>He says that Tazarte was the leader in all the -vituperations (which sounds likely enough, as Tazarte -was the celebrant), that the others uttered them after -him, and he admits that he himself said some of the -things which he has mentioned, but he doesn’t enter -into particulars.</p> - -<p>“For what purpose were the heart and the Host -required, and what good purpose was expected to be -served by these sorceries?”</p> - -<p>He replies that these things were done to the end -that the inquisitors or any others who should aim at -molesting these Christians concerned should die of -rabies.</p> - -<p>“What advantage did the Jews look to gain?”</p> - -<p>He states that Tazarte had assured them that as -a consequence of the enchantment all Christians in -the land must either perish or become Jews, so that -the Law of Moses should triumph and prevail.</p> - -<p>“To whom were the heart and the Host to be -delivered for the said enchantment?”</p> - -<p>“To Mosé Abenamias at Zamora.”</p> - -<p>“Was Abenamias himself to perform the enchantment?”</p> - -<p>“No; he was to give orders for its performance to -a wizard of Zamora.”</p> - -<p>“Does he, or do any of the others, know the said -wizard, and what is his name?”</p> - -<p>He cannot answer the question, beyond telling them -that he had heard Tazarte say that he knew Abenamias -and the wizard, and that he had been to school with -the latter. -<span class="pagenum" id="Page_339">339</span></p> - -<p>“How many times did they assemble to decide -upon the crucifixion?”</p> - -<p>He knows that all (with the exception of himself) -assembled in the same cave to perform an enchantment -with a Host on an occasion previous to that of -the boy’s crucifixion. He knows this because he was -invited to the gathering; he did not wish to go, and -so stayed away, but he was told afterwards by the -others what had been done.</p> - -<p>“What Christians does he know to have kept the -Sabbath, the Passover, and to have performed Jewish -rites?”</p> - -<p>He says that Benito once came to their house at -Tenbleque and spent a Sabbath with them, doing no -work, eating <i>adafinas</i> and drinking <i>Caser</i> wine; and -that he came upon another occasion and asked them -when was the fast of <i>Tisabeaf</i> (the eve of Purim), and -that he believes that, being informed of this, he kept -that fast.</p> - -<p>He can remember no others, excepting one Diego -de Ayllon and three of his daughters and a son, all -of whom kept the Sabbath and observed the law of -Moses in secret; and the widow of one Juan de -Origuela, deceased, who sometimes kept Jewish fasts; -and Juan Vermejo of Tenbleque, whom he knows -once to have kept the great fast.</p> - -<p>These names are duly noted on the margin of the -notary’s document as matters of importance which -need inquiring into.</p> - -<p>“Whence was the wafer procured, and how does -he know that it was consecrated?”</p> - -<p>He answers that when they assembled, a fortnight -after the crucifixion, he heard Alonso Franco say that -he had taken it from the monstrance in the Church -of Romeral, replacing it by an unconsecrated wafer.</p> - -<p>“Was this the wafer given to Tazarte with the -heart?”</p> - -<p>He believes so, but he is not sure, nor does he -know what became of it. -<span class="pagenum" id="Page_340">340</span></p> - -<p>“Who brought the other wafer given to Benito, -and whence was it obtained?”</p> - -<p>Alonso brought it, and said that he had obtained -it in the church of La Guardia, and that it was -consecrated. But Yucé doesn’t know if anyone gave -it to him.<a id="FNanchor_208" href="#Footnote_208" class="fnanchor">208</a></p> - -<p>This confession Yucé ratified two days later, adding -now that Juan and Garcia Franco together had brought -the boy, and that one had remained at La Hos with -him whilst the other had come to La Guardia. -Further, he adds that the letter to Abenamias at -Zamora bore six signatures—Tazarte’s, Alonso Franco’s, -Benito Garcia’s, Yucé Franco’s own, his brother’s, and -one other which he can’t recall.<a id="FNanchor_209" href="#Footnote_209" class="fnanchor">209</a></p> - -<p>We have already indicated that a mystery attaches -to this letter. What has become of it? We are told -that Benito bore it together with the Host. How -does it happen that it was not taken together with the -Host when he was arrested at the inn at Astorga? -Possibly it was. But in that case, and since it bore -Yucé’s signature, why is it not included in the <i>dossier</i>, -and why can we find no trace of any use having been -made of it by the inquisitors? The only plausible -explanation—and it may be forthcoming when the -<i>dossiers</i> of the other accused are discovered—is that -the Host found upon Benito Garcia was not the one -sent with the letter by his hand some time in 1487 -or 1488.</p> - -<p>On November 3 the octogenarian Ça is examined -in the torture-chamber, strapped, as was his son, to -the <i>escalera</i>. But the mere fear of torture is not -sufficient to loosen the tongue of this aged Jew. He -resists their questions, and will add nothing to what -he has confessed, until the executioner has submitted -him to that frightful torment and given him one jar of -water. He then affords them, at last, the further -information they require, telling them the precise -vituperations that were addressed to the crucified boy, -<span class="pagenum" id="Page_341">341</span> -and admitting that this was done in mockery of the -Passion of Jesus Christ. He says that Tazarte -uttered the insults, and that the others—first the -Jews, and after them the Christians—repeated them. -Further, he confesses that the child was crucified and -the sorceries performed that the inquisitors and all -Christians should enrage and die.<a id="FNanchor_210" href="#Footnote_210" class="fnanchor">210</a></p> - -<p>On the same day Juan Franco was tied to the -<i>escalera</i>, beyond which it was not necessary to proceed -with him, for he there satisfied the inquisitors by -confessing to the vituperations employed against the -crucified boy.<a id="FNanchor_211" href="#Footnote_211" class="fnanchor">211</a></p> - -<p>On the 4th further confirmation of this is obtained -from Juan de Ocaña, who confesses to the vituperations, -and says that they were first uttered by the -Jews, who then compelled the Christians to repeat -them. He does not remember the terms used, nor -would he ever have known them but for the Jews.<a id="FNanchor_212" href="#Footnote_212" class="fnanchor">212</a></p> - -<p>Benito is next examined, and warned by the inquisitors -to answer truthfully, as the truth is already -fully known to them. He admits that many vituperations -were used; he cites them, and in the main -they agree with what has already been deponed.</p> - -<p>“Who,” he is asked, “were the first to utter these -things?”</p> - -<p>He replies that Ça Franco, his sons, and Tazarte -(<i>i.e.</i> the Jews) were the first, and that he and the -other Christians repeated them afterwards.</p> - -<p>Lastly, on November 5, Alonso Franco affords -the fullest confirmation to all this that has been -confessed by the other accused.<a id="FNanchor_213" href="#Footnote_213" class="fnanchor">213</a></p> - -<p>The trial is now rapidly drawing to a close. On -the 7th Yucé is again before the court, and—sinister -feature—this time he comes alone. His counsel has -vanished, in acknowledgment of the fact that it is -no longer tenable with his duty to God that he should -continue to defend one of whose “heresy” he is -<span class="pagenum" id="Page_342">342</span> -himself convinced. Yucé himself, in view of this, -must realize that he is lost, and must abandon his -last shred of hope.</p> - -<p>Guevára, the prosecutor, is there, and Dr. Villada -announces that additional proof is now before the -court. He orders copies of the latest depositions, -obtained in the torture-chamber, to be delivered to -the defendant, and he accords the latter three days -within which he must lodge any objection to anything -contained in them.</p> - -<p>But Yucé does not require so long. He realizes -that all is lost, and he forthwith confesses that what -has been deponed by the witnesses against him concerning -the vituperations he used is true with certain -exceptions, and these were the most blasphemous and -insulting.</p> - -<p>Upon that the fiscal Guevára formally petitions -the court to pass sentence. The inquisitor Santo -Domingo declares the trial to be at an end, and -dismisses both parties, requiring them to come before -the court again in three days’ time to hear the -sentence.<a id="FNanchor_214" href="#Footnote_214" class="fnanchor">214</a></p> - -<p>Yet, before proceeding to this, on the 14th day -of that month of November, the inquisitors ordered -all the prisoners (with the exception of Juan Franco) -to be introduced together into the audience-chamber. -There, in the presence of his co-accused, each was -bidden to recite what he had already confessed, this -being done with the aim of obtaining a greater -unanimity upon details.</p> - -<p>Last of all, Juan Franco is brought in, and he -now admits that it is true that he brought the boy from -Toledo, that they had crucified him as he has confessed, -that he himself had opened the boy’s side and -taken out his heart, and that his brother Alonso had -opened the veins of the child’s arms, etc.—all as -confessed—and further that it is true that he and his -brother Alfonso had afterwards buried their victim. -<span class="pagenum" id="Page_343">343</span></p> - -<p>He now corroborates Benito’s statement that on -the day they stole the child he and Benito went together -to Toledo, and that they agreed that one -should seek in one quarter of the city whilst the -other sought in another. And further, he says that -he found the child in the doorway—known as the -Puerta del Perdon—of the cathedral, as he has already -stated in his confession (which is not before us).<a id="FNanchor_215" href="#Footnote_215" class="fnanchor">215</a></p> - -<p>On the next day Guevára appears before the inquisitors -to petition that in view of what has been deponed -against the deceased Mosé Franco, Yucé Tazarte, and -David Perejon, their Paternities should order it to be -recorded <i>ad perpetuam rei memoriam</i>, to enable the -execution of the deceased in effigy, the confiscation of -their property, and the infamy of their heirs.</p> - -<p>That is on November 15. On the 16th the last -scene of this protracted trial is played in the market-square -of Avila.</p> - -<p>There, near the church of St. Peter, the scaffolds -have been erected for the Auto de Fé. On one, in -their hideous yellow <i>sanbenitos</i>, are grouped the eight -prisoners and the three effigies. On the other are -the inquisitors, Dr. Pedro de Villada and Frey Antonio -de Santo Domingo, with all the <i>personnel</i> of the Holy -Office, their notaries, the fiscal Guevára, familiars, and -apparitors. Round the scaffolds thronged the greater -part of the inhabitants of Avila and many who had -come in from the surrounding country districts, whence -it is clear that the Auto had been announced some -days before. The popular feeling against the Jews -runs high, and it is an angry, turbulent mob that -witnesses the Auto. Avila, indeed, is in uproar, and -no Jew dare show himself abroad without risk of -being insulted or assaulted in the street.<a id="FNanchor_216" href="#Footnote_216" class="fnanchor">216</a></p> - -<p>The sentences are read by the notary Antonio -Gonçales, commencing with a very full narrative of -the crimes of each of the accused, which we need not -render here as it is a summary of all that has been -<span class="pagenum" id="Page_344">344</span> -gone through and practically a repetition of the matter -contained in the “Testimonio.”</p> - -<p>They are sentenced all to be abandoned to the -secular arm of the Corregidor Don Alvaro de Sant’ -Estiban, who, advised some days before, is in attendance -with his lieutenants and <i>alguaziles</i>.</p> - -<p>The usual exhortation being duly pronounced, they -are seized by the men of the Corregidor and led away -out of the city to the burning-place. The inquisitors -order their notaries to accompany the doomed men, -that they may record their final confessions at the -stake.</p> - -<p>In Yucé’s <i>dossier</i> are included not only his own confession—made -at the last moment—but also Benito -Garcia’s, Juan de Ocaña’s, and Juan Franco’s, all -recorded by the notary Gonçales. Further, this <i>dossier</i> -contains a letter written on the morrow of the event -by the same notary of the Holy Office to the authorities -of La Guardia, accompanying a relation of the -crime and the sentences pronounced, for publication in -La Guardia, where the offences were committed.</p> - -<p>From this we learn that Benito, in spite of his -protestations that he would die a Jew betide what might, -accepted at the stake the spiritual comforts of the -Church, and thus earned the mercy of being strangled -before the faggots were fired.<a id="FNanchor_217" href="#Footnote_217" class="fnanchor">217</a></p> - -<p>Similarly Juan de Ocaña and Juan Franco accepted -the ministrations of the attendant friars and returned -to the Church from which they had secretly seceded. -But the Jews—the stalwart old man of over eighty -and his son—held staunchly to their faith, and refused -to avoid by apostasy any part of the agony prepared -them. Wherefore, in a spite that seems almost satanic, -their flesh was torn with red-hot pincers before they -were consumed over slow fires.</p> - -<p>“They refused,” writes the reverend notary, “to -call upon God or the Virgin Mary or to make so -much as a sign of the Cross. Do not pray for them,” -<span class="pagenum" id="Page_345">345</span> -he concludes, impatiently it seems to us, “for they are -buried in Hell.”</p> - -<p>Finally, the notary begs the authorities of La -Guardia not to permit that the place where Juan -Franco said that the Holy Child was buried should be -ploughed over, but to see that it is left intact. -Their Highnesses and the Cardinal of Spain, he adds, -may desire to visit it, and he prays that God “may -reveal to us the bones of the infant.” It is expedient -to mark the spot, he concludes, because, in view of the -merits of such a place, he hopes that it may please God -that the earth of it will work miracles.</p> - -<p>The sentence is sent, it should be added, with -order that it shall be read from the pulpit of La -Guardia on the following Sunday, and this under pain -of excommunication.</p> - -<p>In Avila the popular feeling against the Jews as a -consequence of this affair was so bitter that their lives -were not safe, and it is on record that one was stoned -to death in the streets. It became necessary for the -Aljama of that city to petition the Sovereigns for -protection, and M. Fidel Fita quotes a royal letter commanding -such protection to be extended, with threats -of rigour against any who should molest them.<a id="FNanchor_218" href="#Footnote_218" class="fnanchor">218</a> -<span class="pagenum" id="Page_346">346</span></p> - -<h2 id="CHAPTER_XXIV">CHAPTER XXIV<br /> - -<span class="medium">EPILOGUE TO THE AFFAIR OF THE SANTO NIÑO</span></h2> - -<p>The evidence given by Yucé Franco as to whence -the consecrated wafers had been obtained is hearsay -evidence, and very vague even then. But it would -appear that from Benito Garcia or Alfonso Franco the -inquisitors have been able to obtain something more -definite, for whilst the trial of the eight accused has -been drawing to a close, the familiars of the Holy -Office have been about the apprehension of the -sacristan of the church of La Guardia.</p> - -<p>On November 18, 1491—two days after the Auto—this -sacristan is brought before the court at Avila, -and admonished to tell the truth of this matter, being -promised mercy if he will do so.</p> - -<p>He states that about two years ago his uncle, -Alonso Franco, besought him on two separate occasions -to let him have two consecrated wafers, -promising him a cloak and money and much else -if he would so. Ultimately, in response to these -requests, and in accordance with the instructions he -received from Alonso, he delivered a consecrated -wafer to Benito Garcia, who came for it on the other’s -behalf.</p> - -<p>He remembers that it was winter-time, but he -cannot recall the day or even the month. He explains -that he took the Host from the pyx in the sanctuary -of the Church of Santa Maria, having obtained the -keys from the earthenware pot in which they were -kept. He says that he begged Benito to tell him -<span class="pagenum" id="Page_347">347</span> -what it was wanted for, but that he could not induce -him to say. He was assured, however, that no harm -was intended.</p> - -<p>He is able to fix the date more closely by remembering -that the Francos were arrested about five -months later.</p> - -<p>Under further examination he declares that he -believes in the True Presence, and always did, and -that when he urged this upon Alfonso Franco and -Benito Garcia they admitted that his act was a sin, -but they assured him that it was not a heresy, and that -no heresy was involved, and that for the sin his -confessor would absolve him.<a id="FNanchor_219" href="#Footnote_219" class="fnanchor">219</a></p> - -<hr class="tb" /> - -<p>One man who is alleged to have had a share in -the affair of La Guardia escaped all mention at the -time in the depositions of the accused, and was, -consequently, entirely overlooked. This was one -Hernando de Ribera, a man of a station in life very -much above that of the others, and it is said that in -consequence of this to him had been assigned the -aristocratic role of Pilate in that parody of the -Passion.</p> - -<p>Not until nearly thirty years later was he arrested, -self-betrayed, it is said, the man having boasted of -his share in that affair. He was convicted of that -crime, and also of flagrant Judaizing, for in the meanwhile -he had accepted baptism to avoid expulsion -from Spain when the decree of banishment of all -Jews was published.</p> - -<hr class="tb" /> - -<p>Now, whilst the publication by M. Fidel Fita of -the records of the trial of Yucé Franco has shed a -good deal of light upon the affair, it is not to be denied -that much still remains to be explained, and that until -such explanations are forthcoming—until the records -of the proceedings against Yucé’s co-accused are -brought to light and we are able to compare them -<span class="pagenum" id="Page_348">348</span> -one with another—the affair of the Holy Infant of -La Guardia must to a certain extent continue in the -category of historic mysteries.</p> - -<p>Meanwhile, however, in spite of the glaring contradictions -contained in the evidence at present -available, in spite of the incongruities which refuse -to fit into the general scheme, we cannot hold that -M. Loeb is justified of his conclusion that the Holy -Infant of La Guardia—and consequently the crime -with which we have dealt—never had any real -existence.<a id="FNanchor_220" href="#Footnote_220" class="fnanchor">220</a></p> - -<p>M. Loeb makes a twofold contention:</p> - -<blockquote> - -<p>(<i>a</i>) If the crime of La Guardia ever did take -place, then upon the evidence itself, it was not -ritual murder at all, but a case of sorcery in which -Christians were concerned as well as Jews.</p> - -<p>(<i>b</i>) No such crime ever did take place.</p></blockquote> - -<p>He bases his somewhat daring final conclusion -upon three premises:</p> - -<blockquote> - -<p>(<i>a</i>) The depositions of the witnesses, obtained -under torture or the threat of it, are full of contradictions, -of improbabilities, and of facts materially -impossible.</p> - -<p>(<i>b</i>) The judges made no inquest to discover -the truth.</p> - -<p>(<i>c</i>) The Inquisition is unable to fix the date of -the crime; it did not verify the disappearance or -discover the remains of any child.</p></blockquote> - -<p>The first of these premises is the most worthy of -attention. The other two appear to us to overlook -the fact that our present knowledge is confined to the -record of the trial of one of the accused, and this one a -youth who was guilty of participating in the crime in a -comparatively minor degree.</p> - -<p>No one is in a position to say that the judges made -no inquest to discover the truth. All that we know is -<span class="pagenum" id="Page_349">349</span> -that it does not transpire from Yucé’s trial that any -such efforts were made. But then such efforts may -not so much concern Yucé’s trial as the trials of some -of the ringleaders, and it is very possible that the -records of the latter may divulge some such inquest. -It is more than possible. The compiler of the résumé -of seven of the trials distinctly shows that this was -done.<a id="FNanchor_221" href="#Footnote_221" class="fnanchor">221</a> He cites the fact that when Juan Franco had -confessed that he and his brother Alonso buried the -boy, the inquisitors took him to the place where he -stated that the body had been inhumed, and made him -point out the exact spot, “and they discovered the -truth and demonstration of all this.”<a id="FNanchor_222" href="#Footnote_222" class="fnanchor">222</a></p> - -<p>This, of course, does not mean that the body was -found. It simply means—as we are told—that the -place indicated by Juan Franco presented the appearance -of having lately served the purpose of a grave. -The failure to find the body is undoubtedly one of the -unexplained mysteries of this affair. But it does not -justify the statement that no inquest was made—a -statement which in itself implies that the inquisitors -knew the whole story to be false, and therefore -deliberately avoided inquiries which should expose -that falseness.</p> - -<p>The vagueness and confusion that appear to exist -on the subject of the date when the crime was -committed certainly call for comment.</p> - -<p>The contradictions on this score appear to be -flagrant, and it is impossible to reconcile the date -of the crucifixion with that of Benito Garcia’s arrest -in Astorga. It seems to be established by Yucé that -the crucifixion took place at the end of Lent 1488; -and he and others tell us that about six months later -they all assembled again to dispatch the Host to -Zamora by the hand of Benito. Yet Benito is -arrested in Astorga in May or June of 1490—more -than eighteen months after setting out for Zamora—and -<span class="pagenum" id="Page_350">350</span> -the wafer is still in his possession, undelivered. -That is what <i>seems</i> to be established. But it is -possible that a very simple explanation may dispose -of this discrepancy. We are not justified by our -present knowledge in saying that the inquisitors were -unable to dispose of it. We may not assume that -there is not, in the records of the trials of the other -accused, matter that will clear up this question.</p> - -<p>The date supplied by the sacristan, for instance, -does not seem to be so very inconsistent with that -of the event in the inn at Astorga. He said, it will -be remembered, that he had delivered the wafer to -Benito some five months before the arrest of the -Francos. This tends strongly to confirm the impression -we have already formed that the wafer -discovered upon Benito at the time of his arrest -was not the one that he had set out to take to -Zamora some two years earlier. The Host, together -with the letter for Abenamias, may very well have -reached its destination. If this is admitted—and -there is nothing in the evidence to forbid its admittance—much -that is irreconcilable in the depositions -at once disappears.</p> - -<p>M. Loeb, of course, has proceeded upon the -assumption that it is pretended that the Host dispatched -from La Guardia in 1488 and the Host -found upon Benito at Astorga in 1490 are one and -the same. It may appear to be the obvious thing -to assume. Yet it is a hasty assumption, which -nothing in the evidence before us will justify.</p> - -<p>As for the other discrepancies which M. Loeb -points out, when all is said, they refer to matters of -detail, upon which mistakes are not impossible.</p> - -<p>Benito states that the child’s hands and feet were -nailed to the cross in addition to being tied, whilst -Yucé makes no mention of nails.</p> - -<p>According to the statements of Yucé and of Juan -Franco, it is the latter’s brother who opened the veins -in the boy’s arms, whereas Ocaña said that this was -<span class="pagenum" id="Page_351">351</span> -done by Yucé. We have already drawn attention to -the circumstances under which Ocaña so accused -Yucé, and we have suggested the vindictiveness that -may have inspired him.</p> - -<p>Juan Franco confessed that he himself cut open -the boy’s side and drew out the heart, whilst Yucé’s -statement was to the effect that Juan had opened the -wound and Garcia Franco had torn out the heart.</p> - -<p>Mainly the evidence seems to say that the child -bled to death. Yet Benito states that he was strangled(?), -and Yucé in one of his statements says that -they gagged him because he was crying. We have -already suggested that by the expression “<i>lo ahogaron</i>” -so much as “strangling” may not necessarily -have been meant.</p> - -<hr class="tb" /> - -<p>These are, after all, the principal discrepancies; -and it is to be remembered that these men were -referring to things done at least two years before; -that confusion on the score of particulars is not -only possible but more or less inevitable; and that, -despite contradictions in these details, the main facts -stated are always the same in the depositions of each. -M. Loeb more than suggests that this unanimity was -contrived by the inquisitors. He puts it forward as -more than probable that the prisoners were left alone -together on the occasions of the confrontations, to the -end that they might agree upon the same tale.</p> - -<p>There is not the slightest warrant for such an -assumption. In the records the notary very clearly -states that the inquisitors were present throughout -those confrontations, and it is of importance to remember -that these records were not prepared for -publication, but were to be consigned to the secret -archives of the Inquisition—so that any notion of a -fraud having been deliberately perpetrated may once -for all be dismissed as entirely idle.</p> - -<p>But even were it not the recorded fact that the -inquisitors were present at the confrontations, and that -<span class="pagenum" id="Page_352">352</span> -the prisoners were afforded no opportunity of coming -to any understanding, it would still be extremely -difficult to believe that they should have come to -an understanding to get themselves all burnt.</p> - -<p>M. Loeb’s attempt to make this appear reasonable -is the least convincing thing in a very able but quite -unconvincing article. It certainly seems to display -his own want of confidence in the general acceptance -of such a situation.</p> - -<p>“We could understand,” he says, “that guilty men -should come to an understanding to deny the crime -committed, or to attenuate the fault, or to cast it upon -others. But what should be the meaning of an understanding -whose object, as would be the case here, is to -make truthful avowals of a real crime? The accused -would be taking unnecessary trouble. But all is -explained if, on the contrary, they prepared confessions -of a crime that was never committed.”</p> - -<p>M. Loeb has vitiated his argument by the absolute -assumption that an understanding did take place. -This we cannot admit upon the evidence before us. -But if we do, is the position materially altered? -M. Loeb says that “all is explained if they prepared -confessions of a crime that was never committed.” -To our mind, nothing is explained by such a procedure. -What possible object could have induced them to come -to an understanding to make an uncommitted crime -the subject of a unanimous confession that must -infallibly send them to the stake? What possible -advantage could they hope to derive from a falsehood -of that description?</p> - -<p>One of the chief obstacles to the rejection of the -story as a fabrication is Yucé’s confession to “the Rabbi -Abraham” in the prison of Segovia. M. Loeb recognizes -it, and although he makes a determined attempt -to overcome it, his arguments are too arbitrary and -do not materially affect the point even if they are -admitted.</p> - -<p>But if M. Loeb is entirely unconvincing in his -<span class="pagenum" id="Page_353">353</span> -attempts to prove that the crucifixion of the boy is a -fable, nothing could be more convincing than his first -contention: that even if we account the story true -as contained in Yucé’s <i>dossier</i>, the deed is not to be -looked upon as ritual murder, but purely as an operation -in magic.</p> - -<p>It is a conclusion with which you must come to -agree, although at first glance you may be tempted to -form the opinion that the crucifixion of the child served -both purposes. Some such opinion had been formed -by the inquisitors when they asked why the boy had -been crucified rather than put to death in some other -fashion, since his heart was all that was required for -the enchantment.</p> - -<p>The answer was that crucifixion was chosen in -derision and vituperation of the Passion of Jesus -Christ. But this is a very different thing from ritual -murder or “the hanging of Haman.” If we turn to -the actual vituperative phrases employed,<a id="FNanchor_223" href="#Footnote_223" class="fnanchor">223</a> we find the -expression of a desire to wound the Redeemer Himself, -through that form of magic, common in all ages, -known as <i>envoûtement</i>. Instead of the waxen or -wooden effigy usually employed, a living body is used -in this case. For the rest the immolation of a child -plays its part in the magic ritual of other than Jews. -We need mention but the notorious instance of the -Black Masses celebrated by the infamous Abbé -Gribourg in the eighteenth century.</p> - -<p>There seems, indeed, no doubt at all that we are -justified in rejecting the theory that the crucifixion of -the Holy Child of La Guardia is to be accepted as an -instance of Jewish ritual murder. So far we can -accompany M. Loeb, but no farther. We cannot say -with him that no such crime was ever committed. To -convince us of that it would be necessary to show that -the whole of the <i>dossier</i> we have considered is a forgery -to serve the purposes of Torquemada. And this we -have proof that it is not. Had it been that, had it -<span class="pagenum" id="Page_354">354</span> -been manufactured for popular consumption, it would -not have lain concealed for four centuries in the secret -archives of the Inquisition.</p> - -<p>That Torquemada exploited the matter and turned -it to the fullest account is admitted. But this merely -shows him to be an opportunist; it is very far from -proving him a forger. The very sentence was couched -in terms calculated to excite—as it did—popular indignation -against the Jews. Nor did the publication -of the sentence end in La Guardia, whither copies -were sent. We may infer that Torquemada scattered -those copies broadcast through Spain, since we actually -find a Catalan translation which was specially prepared -for publication in Barcelona.</p> - -<hr class="tb" /> - -<p>The cult of the Holy Child of La Guardia sprang -up at once, and developed rapidly. Numerous shrines -were set up in his honour, the first and chief of these -being on the site of the house of Juan Franco, which -had been razed to the ground. Here an altar was -erected in the cellar of the house, on the spot where -it was believed that the child’s sufferings had begun; it -was surmounted by a figure of a child pinioned to a -column.</p> - -<p>Over this subterranean shrine a church sprang -rapidly into existence.</p> - -<p>Another hermitage was erected near Santa Maria -de Pera, on the spot where the child was alleged to -have been buried, and yet another in the cave where -he was believed to have suffered crucifixion. “In all -times since,” says Moreno,<a id="FNanchor_224" href="#Footnote_224" class="fnanchor">224</a> “the three sanctuaries have -been frequented by those who come to pray to the -Niño as to a saint.”</p> - -<p>The first of these sanctuaries was erected by 1501—at -which date records of it are to be found. It was called -the Sanctuary of the Holy Innocent, and Moreno adds -that this has always received the approval of Popes -and Bishops, and that plenary and partial indulgences -<span class="pagenum" id="Page_355">355</span> -have been granted to the faithful visiting these -shrines.</p> - -<p>The people of La Guardia elected him their patron -saint, and a fast was appointed for the eve of his feast-day, -which at first was March 25, but was afterwards -changed to September 25. Moreno includes in his -book the prayers prescribed and a litany to the Niño.<a id="FNanchor_225" href="#Footnote_225" class="fnanchor">225</a></p> - -<p>But it is not without a certain significance that -Rome—ever cautious, as we have already had occasion -to say, in the matter of canonization—has not yet -recognized the Holy Child of La Guardia as one of -the saints of the Church.</p> - -<p>Yepes chronicles four miracles performed by the -child after his death, beginning with his mother’s -obtaining sight. All these, with other very interesting -and purely romantic details, are to be found in that -piously fraudulent work—the “Life of the Holy Child,” -by Martinez Moreno. -<span class="pagenum" id="Page_356">356</span></p> - -<h2 id="CHAPTER_XXV">CHAPTER XXV<br /> - -<span class="medium">THE EDICT OF BANISHMENT</span></h2> - -<p>It was, as we have already suggested, the very -opportuneness with which the trial and sentence of -those concerned in the affair of La Guardia came to -afford Torquemada an additional argument to plead -with the Sovereigns his case against the Jews, which -has led so many historians—prior to M. Fidel Fita’s -discovery—to reject the story as an invention. Another -reason to discredit it lay in the circumstance that it -was circulated in Spain together with a number of -other stories that were obviously false and obviously -invented expressly for the purpose of defaming the -Jews and exciting popular indignation against them.</p> - -<p>Meanwhile Ferdinand and Isabella pressed -triumphantly forward on their conquering progress -through Andalusia. Lucena, Coin, Ronda, and scores -of other Moorish strongholds in the southern hills -had fallen before the irresistible arms of the Christians; -and the Sovereigns, aided by Jewish gold—not merely -the gold extorted by confiscations, but moneys voluntarily -contributed by their Hebrew subjects—pushed -on to the reduction of Malaga, as the prelude to the -leaguer of Granada itself, the last bulwark of Islam -in Spain. This fell on January 2, 1492, and with it -fell the Moslem dominion, which had endured in the -peninsula, with varying fortunes, for nearly 800 years.</p> - -<p>It might well have seemed to the Catholic -Sovereigns that the conquest of Spain and the -<span class="pagenum" id="Page_357">357</span> -victory there of Christianity were at last accomplished, -had not Torquemada been at their elbow to point out -that the triumph of the Cross would never be complete -in that land as long as the Jews continued to be -numbered among its inhabitants.</p> - -<p>He protested that the evils resulting from intercourse -between Christian and Jew were notorious and -unconquerable. He declared that in spite of the -Inquisition, and in spite of all other measures that -had been taken to keep Christian and Jew apart, -the evil persisted and was as rampant as ever. He -urged that the Jews continued unabatedly to pervert -the Christians, and that they must so continue as long -as they were tolerated to remain in the peninsula. -Particularly was this notorious in the case of the -Marranos or New-Christians, to whom the Israelites -gave no peace until—by indoctrination or by the -scorn and abuse they heaped upon them—they had -seduced them back into error.</p> - -<p>And in proof of what he urged he was able to -point to the affair of La Guardia, to the outrage to -the crucifix at Casar de Palomero, and to other matters -of a kindred nature that had lately been brought to -light.</p> - -<p>He called upon the Sovereigns to redeem the -promise they had made to give consideration to this -matter—a consideration which, in answer to his -earlier pleadings, they had postponed until the war -against Granada should have been brought to its -conclusion.</p> - -<p>In the meantime the Jews themselves had fought -strenuously against the banishment with which they -saw themselves threatened. Eloquent had been their -appeals to the Sovereigns. And the Sovereigns could -hardly turn a deaf ear to the intercessions of subjects -to whom they owed so much. For was it not the very -Jews who had supplied the Spanish crown with the -sinews for this campaign against the enemies of the -Cross? Was it not owing to wonderful Hebrew administration—an -<span class="pagenum" id="Page_358">358</span> -administration gratefully surrendered -to them—that the army of the Cross was equipped, -maintained, and paid out of moneys that the Jews -themselves had provided?</p> - -<p>They found means to bring this to the attention of -the Sovereigns, as a proof of the loyalty of their devotion, -as a proof of their value to the Spanish nation. -And the Sovereigns had other experiences of the -loyalty and affection which had ever been manifested -towards them by their long-suffering Hebrew subjects. -When, for instance, their son, the Infante Don Juan -was proclaimed in Aragon, after the Cortes of Toledo, -the Jews had been foremost in the jubilant and loving -receptions that everywhere met their Highnesses in -the course of their progress through the kingdom of -Ferdinand. Whilst the Spaniards were content to -greet their Sovereigns with acclamations, the Jews -went to meet them with valuable gifts.<a id="FNanchor_226" href="#Footnote_226" class="fnanchor">226</a> Bernaldez -tells us<a id="FNanchor_227" href="#Footnote_227" class="fnanchor">227</a> of the splendid offering made to their Highnesses -by the Aljama of Zaragoza. It consisted of -twelve calves, twelve lambs, and a curious and very -beautiful service of silver borne by twelve Jews, a rich -silver cup full of gold castellanos<a id="FNanchor_228" href="#Footnote_228" class="fnanchor">228</a> and a jar of silver—“all -of which the Sovereigns received and prized, -returning many thanks.”</p> - -<p>Loyalty so tangibly manifested, of which this is -but an instance, must have some weight in the scales -against fanaticism; further, it seems impossible that -the Sovereigns should have been altogether blind to -the possible jeopardizing of the industrial prosperity of -the kingdom if those chiefly responsible for it were -driven out.</p> - -<p>So they had put off their decision in the matter, -urging that the present war demanded their full attention. -But now that the conquest of Granada was -accomplished, they were forced to look the matter in -<span class="pagenum" id="Page_359">359</span> -the face. For Torquemada was giving them no peace. -Hard-driven by his fanatical hatred of the Israelites, -the Grand Inquisitor had resolved upon his course -and was determined that nothing should turn him -aside.</p> - -<p>Constantly were his arguments—all founded upon -the love of Christ—poured into the ears of the Sovereigns, -and to prove the soundness of these arguments -he was able to bring forward concrete facts—or, at -least, matters upon which the courts of the Inquisition -had pronounced—prominent among which would be -the affair of La Guardia.</p> - -<p>And what Torquemada was doing by the Sovereigns, -the brethren of his order were doing by Spain. -Popular indignation against the Jews, so easy to arouse, -already inflamed by the outrage at Casar de Palomero -and the crucifixion at La Guardia, was further and -unscrupulously excited by false stories that were set -in circulation. It was even alleged that the illness of -the Prince Don Juan was the result of Hebrew infamy, -and to explain this a foolish, wicked story was invented, -put about and universally accepted.</p> - -<p>Llorente quotes this story from the “Anonymo de -Zaragoza.”<a id="FNanchor_229" href="#Footnote_229" class="fnanchor">229</a> It is to the effect that the prince coveted -a golden pomander-ball worn by his physician, who -was of a Jewish family, and this gewgaw the physician -ended by relinquishing to his patient. One day, moved -by youthful curiosity, the boy wished to see what the -pomander contained. Opening it, he discovered an -indecent and blasphemous picture, insulting to the -divinity of Christ. The sight of it inspired the princeling -with such horror and grief that he fell sick. Nor -would he divulge the origin of his illness until the -instances of his father succeeded in drawing the secret -from him, whereupon “it was resolved to take proceedings -against the physician and to sentence him to -the fire.”</p> - -<p>This trivial, scurrilous, and obviously untruthful -<span class="pagenum" id="Page_360">360</span> -story would not be worth repeating did it not serve -the purpose of showing the sort of rumours that -were being propagated to the hurt of the Israelites.</p> - -<p>Another story that was circulated alleged that in -Valencia there had also been an attempt by a number -of Jews to crucify a Christian boy. This is recorded -in that scurrilous, infamous publication, “Centinela -contra Judios,” by Frey Francisco de Torrejoncillo. -We have already referred to it more than once. It -was first printed in 1676, and is the book of a friar -of the Order of St. Francis, a disgraceful work which -proves its author to have been as barefaced as he was -barefooted. It is a collection of stupid lies and forgeries, -and, it is scarcely an exaggeration to add, obscenities; -it may be another instance of those frauds termed -pious, but it is scarcely to the credit of a Church exercising, -by means of the “Index Expurgatorius,” a censorship -of the press—to have permitted the circulation -of a work of this order from the pen of a churchman.</p> - -<p>This, however, is by the way.</p> - -<p>The story here to be recorded is taken, Torrejoncillo -tells us, from the “Sermon de la Cruz” by Frey -Felipe de Salazar.<a id="FNanchor_230" href="#Footnote_230" class="fnanchor">230</a> On a Good Friday evening a youth -who was in a street of Valencia observed several men -entering a house. Considering this to be strange—although -no suspicious circumstance is mentioned—he -approached the door and listened. He heard them -say, “There seems to be some one at the door.” -Fearing that a brawl might be the result if he were -discovered there when they opened, he drew his sword -and fled. (How the drawing of his sword was calculated -to assist his flight the author does not think it -worth while to inform us.) As he was running he -came upon a patrol, which seized him, demanding to -know whither he was hurrying in this fashion with a -naked sword in his hand. He related what he had -witnessed, whereupon the officer, not only for the -purpose of testing the truth of the story but also that -<span class="pagenum" id="Page_361">361</span> -he might ascertain to what end so many men should be -assembling, went to the house and knocked.</p> - -<p>The door was opened by a Jew, who began to make -obvious excuses to him. Suddenly the officer heard -a child’s voice within the house, crying, “These men -want to crucify me.”</p> - -<p>The Jews were taken, the house demolished, and -on the site of it was built the Church of Santa Cruz.</p> - -<p>In this collection of lies and forgeries are included -the “letter of Christ to Abgarus,” another letter of -Pontius Pilate to Tiberius dilating upon the miracles -of the Saviour, and a letter from the Jews of Constantinople -to those of Toledo, which played an -important part in this anti-semitic campaign.</p> - -<p>It was the Cardinal-Archbishop Juan Martinez -Siliceo who was alleged to have discovered this letter -in Toledo. We are to suppose that he also found in -Toledo the letter to the Jews of Constantinople to -which this is a reply, for the chroniclers are able -to supply us with the texts of both,<a id="FNanchor_231" href="#Footnote_231" class="fnanchor">231</a> a circumstance -which no one at the time appears to have considered -strange.</p> - -<p>The letter to Constantinople ran as follows:</p> - -<h3>“<span class="smcap">The Jews of Spain</span> <i>to</i> <span class="smcap">The Jews of -Constantinople</span></h3> - -<p>“Honoured Jews, health and grace.—Know that -the King of Spain compels us to become Christians, -deprives us of property and of life, destroys our -synagogues and otherwise oppresses us, so that we -are uncertain what to do.</p> - -<p>“By the Law of Moses we beseech you to -assemble, and to send us with all speed the declaration -made in your assembly.</p> - -<p> -“<span class="smcap">Chamarro</span>, Prince of the Jews of Spain.”<br /> -</p> - -<p><span class="pagenum" id="Page_362">362</span></p> - -<hr class="tb" /> - -<p>To this the answer received from Constantinople -was in the following terms:</p> - -<h3>“<span class="smcap">The Jews of Constantinople</span> <i>to</i> <span class="smcap">The Jews -of Spain</span></h3> - -<p>“Beloved Brethren in Moses,—We have your -letter in which you tell us of the travail and suffering -you are enduring there.... The opinion of the -Rabbis is that since the King of Spain attempts to -make you Christians, you should become Christians; -since he deprives you of your goods and property, you -should make your children merchants, that they may -deprive the Christians of theirs; since you say that -they deprive you of your lives, make your sons -apothecaries and physicians to deprive the Christians -of theirs; since they destroy your synagogues, make -your sons clerics that they may destroy the Christian -temples; since you say that you suffer other wrongs, -make your sons enter public offices that thus they may -render the Christians subject to them.</p> - -<p>“Do not depart from these orders, and you will -see that from oppressed you will come to be held of -great account.</p> - -<p> -“<span class="smcap">Husée</span>, Prince of the Jews of Constantinople.”<br /> -</p> - -<hr class="tb" /> - -<p>The matter of these letters—so very obviously -forged—was freely circulated. Being accepted, public -indignation was suddenly increased by fear. Imaginations -were stimulated, and stories based upon these -injunctions of Prince Husée became current, nothing -being ever too flagrant for popular consumption. It -was related that a Jewish physician in Toledo carried -poison in one of his finger-nails, and that with this he -touched the tongues of the patients he visited, thus -killing them. Of another physician it was reported -that he deliberately poisoned the wounds he was -<span class="pagenum" id="Page_363">363</span> -desired to heal.<a id="FNanchor_232" href="#Footnote_232" class="fnanchor">232</a> And that there were many other -such stories current is beyond all doubt.</p> - -<hr class="tb" /> - -<p>What use, if any, Torquemada made of those forged -letters and the stories that were their offspring, we do -not know. But it would be strange if the circulation -and acceptance of such matters displeased him, since -they were plainly calculated to forward his aims and -compel the Sovereigns to lend an ear to his insistent -denunciations of the Jews.</p> - -<p>Incessantly he preached the need for religious -unity in a united Spain. Indeed, Spain, he urged, -never could be united, never could deserve the blessing -of Heaven, until all men in that land were the -children of God, true believers in the Holy Roman -Catholic Apostolic Faith. God had greatly favoured -Ferdinand and Isabella, the friar continued. He had -collected the various elements of the peninsula into one -mighty kingdom, which He had subjected to their sceptre. -Let them fuse those elements into a solid whole, rejecting -all those who resist this fusion—and this for -the honour and glory of God and of their own kingdom.</p> - -<p>Before this terrific gospel of Religious Unity -nothing could stand. Humanitarian considerations, -principles of equity, indebtedness and gratitude are -mere trifles to be swept away by that hurricane of -religious argument.</p> - -<p>The Sovereigns found themselves face to face -with an issue of such a magnitude that no temporal -considerations could be allowed to weigh. And to the -pressure of Torquemada’s fierce arguments was added -now the pressure of public opinion, cunningly excited -by his lieutenants. To the voice of God from the lips -of the Grand Inquisitor was added now the <i>vox populi</i>—the -voice of God from the lips of the people.</p> - -<p>And so clamorous was this popular voice, so insistent -were the accusations which it levelled against the -Israelites, of ritual infamies and of seducing back to -<span class="pagenum" id="Page_364">364</span> -the Law of Moses their apostate brethren, that the -Jews were warned of the storm that was about to break -over their luckless heads.</p> - -<p>Torquemada’s demand was that they must receive -baptism or go.</p> - -<p>The Sovereigns hesitated still. In Isabella perhaps -the voice of humanity was too strong to be entirely -stifled by the dictates of bigotry.</p> - -<p>But Torquemada’s strength of purpose was the -greater and more irresistible by virtue of its purity -and singleness of aim. Obviously he was no self-seeker. -Obviously he had no worldly ends to serve. -What he demanded, he demanded in the name of the -religion which he served—solely for the greater honour -and glory of his God; and to sovereigns of the temper -of Ferdinand and Isabella demands so inspired are not -easily resisted.</p> - -<p>And although it was clear that he sought no worldly -advantage for himself, he did not scruple to use the -prospect of the Sovereigns’ worldly advantage as a -weapon to combat their reluctance; he did not hesitate -to dangle before their eyes temporal advantages that -must result from the banishment of the Israelites. -To arguments upon religious grounds he added arguments -of worldly expediency, arguments which cannot -have failed of effect upon the acquisitive nature of -the King.</p> - -<p>Never, urged the Grand Inquisitor, would Spain -know tranquillity whilst she harboured Jews. They -were predatory; they were untrustworthy; their sole -objective was the satisfaction of their pecuniary interest—the -only interest they knew; and their acquisitiveness -would always dispose them to serve any enemy -of the crown so that it should profit them to do so.<a id="FNanchor_233" href="#Footnote_233" class="fnanchor">233</a></p> - -<p>But Torquemada was not the only advocate before -the royal court. The Jews were there, too, pleading -on their own behalf, with an eloquence that seemed for -a moment on the point of prevailing—for the seductive -<span class="pagenum" id="Page_365">365</span> -chink of gold was persuasively intermingled with their -protestations.</p> - -<p>They urged their past services to the crown, and -promised even greater services in the future; they -swore that henceforth they would be more observant -of the harsh laws formulated by Alfonso XI—that -they would keep to their ghettos as prescribed, withdrawing -to them at nightfall, and abstaining rigorously -from all such intercourse with Christians as was by -law forbidden. Last and most eloquent argument of -all, they offered through Abraham Seneor and Isaac -Abarbanel—the two Jews who had undertaken and -so admirably effected the equipment of the Castilian -army for the campaign against Granada—that in -addition to giving this undertaking they would subscribe -30,000 ducats towards the expenses of the war -against the Moslem.</p> - -<p>Ferdinand’s hesitation was increased by this offer. -Ever in need of money as the Sovereigns were, the -consideration of this gold not only tempted them, but -it would undoubtedly have conquered them had not -Torquemada been at hand. But for his violent intervention -it is more than probable that the cruel edict -of banishment would never have been promulgated.</p> - -<p>The Dominican, learning what was afoot, thrust -himself into their Highnesses’ presence to denounce -their hesitation, and to put upon it the name which in -his opinion it deserved.</p> - -<p>It is not difficult to picture him in that supreme -moment. It is one of those rare occasions on which -this being whom we have compared to a <i>Deus ex -machina</i>, a cold stern spirit ruling and guiding the -terrible organization of the Inquisition which he has -himself established, steps forth in the flesh, a living, -throbbing man.</p> - -<p>You behold him pale, a little breathless in the -excitement and anger by which he is possessed. His -deep-set eyes glow sombrely with the fever of -fanatical zeal and indignation. He draws his lean -<span class="pagenum" id="Page_366">366</span> -old frame erect. In his shrivelled, sinewy old hands -he flaunts aloft a crucifix.</p> - -<p>It is an intense moment. Everything contributes -to it: the long-drawn duel between religion and -humanity, between clericalism and Christianity, of -which this is at last the climax; and nothing so -much as the figure offered by the Jews. This <i>thirty</i> -thousand is unfortunately reminiscent. It permits -the Prior of Holy Cross to draw a very daring -parallel.</p> - -<p>“Judas,” he cries, “once sold the Son of God for -thirty pieces. Your Highnesses think to sell Him -again for thirty thousand. Here you have Him. -Sell Him, then, but acquit me of all share in the -transaction.”</p> - -<p>And, crashing the crucifix upon the table before -their startled Highnesses, he abruptly leaves the -chamber.<a id="FNanchor_234" href="#Footnote_234" class="fnanchor">234</a></p> - -<hr class="tb" /> - -<p>Thus Torquemada conquered.</p> - -<p>The edict of expulsion was signed at Granada on -March 31 of that year 1492—that glorious year in -which Spain finally completed the erection of her -monarchy upon the ruins of the old Visigothic -kingdom, and in which the navigator Columbus laid a -new world at the foot of the throne of the Catholic -Sovereigns.<a id="FNanchor_235" href="#Footnote_235" class="fnanchor">235</a> -<span class="pagenum" id="Page_367">367</span></p> - -<h2 id="CHAPTER_XXVI">CHAPTER XXVI<br /> - -<span class="medium">THE EXODUS FROM SPAIN</span></h2> - -<p>It was solemnly declared in the edict of expulsion -that this decree was promulgated solely in obedience -to the pressing need to cut off at the roots, once -for all time, the evils arising out of the intercourse -between Christians and Jews, since all other efforts -hitherto undertaken with the same intent had proved -fruitless.<a id="FNanchor_236" href="#Footnote_236" class="fnanchor">236</a></p> - -<p>By this edict all Jews of any age and either sex -who should refuse to receive baptism must quit Spain -within three months, and never return, under pain -of death and the confiscation of their property.</p> - -<p>The cruelty of this expatriation calls for little -exposition. Spain was the motherland of these Jews. -For centuries it had been the home of their ancestors, -and they held it in the affection implanted in the heart -of each of us for the country which is his own. They -must depart out of it, into exile in some foreign land, -and the only terms upon which they could obtain immunity -from that harsh decree was by the sacrifice of -something dearer still, something as dear to them as -honour itself. They must be false to the faith of -their fathers and forswear the God of Israel.</p> - -<p>That was the choice forced upon the Children of -Judah—the choice which the arrogant Christian -Church had been forcing upon all men from the -<span class="pagenum" id="Page_368">368</span> -moment that she had found herself mistress of the -power to do so.</p> - -<p>It was decreed that after the expiry of the three -months allowed them in which to settle their affairs -and be gone no Christian would be suffered to befriend -or assist them, to give them food or shelter, under -pain of being called to account as an abettor of -heretics.</p> - -<p>Until their departure the persons and property -of the exiled were nominally under the protection -of the Sovereigns. They were permitted to dispose -of what property they possessed, and to take -the proceeds with them in bills of exchange<a id="FNanchor_237" href="#Footnote_237" class="fnanchor">237</a> or in -merchandise, but not in gold, which it was forbidden -to carry out of the country.</p> - -<p>Little greater would have been the injury done -them if their property had been confiscated outright. -For being compelled to dispose of it at such short -notice, and the buyers knowing that it must be sold, -and eager to take advantage of these forced sales, -what chance had the Jews of realizing anything that -should approach its value? How could they avoid -the pitiless Christian exploitation of their miserable -position?</p> - -<p>“The Christians obtained,” says Bernaldez, “much -property and many very rich houses and estates for -little money; the Jews went about offering these, and -could not find any buyers, so that they were forced -to barter here a house for an ass, there a vineyard -for a piece of cloth.”<a id="FNanchor_238" href="#Footnote_238" class="fnanchor">238</a></p> - -<p>From just this passage in the chronicle of an -author whose detestation of the Jews we have earlier -considered may be conceived how terrible was their -distress, and how mercilessly was advantage taken -of it by the Christians.</p> - -<div id="i_368" class="figcenter"> -<img src="images/i_368.jpg" alt="" /> -<p class="small"><i>Photo by Donald Macbeth.</i></p> - -<p class="caption">SANBENITO OF IMPENITENT.<br /> -From Limborch’s “Historia Inquisitionis” -<span class="pagenum" id="Page_369">369</span></p> -</div> - -<p>Amador de los Rios adds that entire ghettos -entered into the sacrifice, and that, the Jews being -utterly unable to dispose of such communal property, -they were forced to make gifts of it to the municipalities -that had shown them so little pity.<a id="FNanchor_239" href="#Footnote_239" class="fnanchor">239</a></p> - -<p>Torquemada in his great zeal for the Faith was -not content to leave matters there. His chief aim, -after all, was not the expulsion of the Jews, but their -conversion and the effacement of their creed. As a -means to that end was it that he had wrung the edict -of banishment from the Sovereigns.</p> - -<p>Upon this campaign of conversion he now sent -forth his army of Dominicans. He published an -edict, with the royal sanction, in which he exhorted -the Israelites to receive baptism, laying stress upon -the fact that those who should do so before the expiry -of the three months appointed for their emigration -would be entitled to remain.</p> - -<p>In every city, in every village, in every hamlet, -in churches, in market-places, and at street-corners -his black-and-white Dominicans sought by exhortation -and argument to induce the Jews to receive the -waters of baptism, thereby securing their well-being -and prosperity in this world and their eternal salvation -in the next. The preachers penetrated to the -very synagogues in their zeal, and exerted themselves -even in the Jewish temples, by the promises they -held out of temporal advantage, to lead the Jews -into the fold of Christianity. No place was sacred -from the friars-preachers. In Segovia, when the -hour of departure approached, the Jews spent three -days in their cemetery weeping over the graves of -their dead, which they were abandoning. And there -were zealous Dominicans who intruded upon that -sorrow, and seized the opportunity to preach conversion -to that piteous assembly.<a id="FNanchor_240" href="#Footnote_240" class="fnanchor">240</a></p> - -<p>But the response to all these sermons was only -<span class="pagenum" id="Page_370">370</span> -slight. If Torquemada’s friars were preaching Christianity -on the one hand, and attempting by argument -and bribery to induce the Hebrews to embrace it, the -Rabbis, on the other, were no less energetic in their -efforts to encourage the Israelites to stand firm in -their fidelity to their God, to resist the temptations of -corruption, and to remember that even as God had -delivered them out of Egypt and led them into the -Land of Plenty, so in leading them out of Spain -would He see that His children did not suffer loss of -honour or of worldly goods.</p> - -<p>Whether the Israelites believed or not, the great -body of them remained staunch, and sooner than -accept ease and advancement at the price of baptism, -they firmly envisaged exile and the loss of their -property, which the royal decree inspired by Torquemada -rendered inevitable.</p> - -<p>Bernaldez tells us that, notwithstanding the law -against taking gold out of Spain, many of the exiles -did take it in large quantities concealed about them—which -is extremely probable. Not quite so probable -is the common rumour which he reports, that they -reduced many gold ducats to pellets with their teeth, -and then swallowed them upon arriving at seaports or -other places where they were to be searched, thus -carrying the gold away in their stomachs. The -women in particular, he says, were great offenders in -this respect, and—again reporting the voice of common -rumour—he informs us that some women contrived to -swallow as many as thirty ducats each.<a id="FNanchor_241" href="#Footnote_241" class="fnanchor">241</a></p> - -<p>The story of this swallowed gold evidently got -abroad, to add to their affliction; and we are told that -some who sailed from Cadiz to Fez, and who fell into -the hands of Moors upon landing on the coast of -Barbary, were not only plundered of their belongings, -but were in several cases ripped open by these -brigands in their quest for gold.<a id="FNanchor_242" href="#Footnote_242" class="fnanchor">242</a> -<span class="pagenum" id="Page_371">371</span></p> - -<p>Within the little period of three months appointed -them, the Israelites sold or bartered what they could, -and abandoned that for which they found no buyers. -All boys and girls of the age of twelve or more they -married, so that each nubile female should set out -under the protection of a husband.<a id="FNanchor_243" href="#Footnote_243" class="fnanchor">243</a></p> - -<p>The exodus from Spain began in the first week in -July of 1492. Those amongst the exiles who were -wealthy supported their poorer brethren, in pursuance -of the custom that had ever prevailed in their ghettos. -Many who had been very wealthy and masters of -thriving trades abandoned their prosperity, and trusting -to what Bernaldez terms “the vain hope of -their blindness,” they took the harsh road into banishment.</p> - -<p>The parish priest of Palacios has left us a vivid -picture of this emigration.<a id="FNanchor_244" href="#Footnote_244" class="fnanchor">244</a> It is a picture over which -Christianity must weep in shame.</p> - -<p>On foot, on horseback, on donkeys, in carts, young -and old, stalwart and feeble, healthy and ailing, some -dying and some being born, and many falling by the -way, they formed forlorn processions toiling onwards -in the heat and dust of that July. On every road that -led out of the country—on those that went southwards -to the sea, or westwards to Portugal, or eastwards to -Navarre—these straggling human droves were to be -met, and they presented a spectacle so desolate that -there was no Christian who did not pity them.</p> - -<p>Succour them none dared, by virtue of the decree -of the Grand Inquisitor; but on every hand they were -exhorted to accept baptism and thus set a term upon -their tribulations. And some, unable to endure more -in their utter exhaustion and hopelessness, gave way -and forswore the God of Israel.</p> - -<p>But these were comparatively few. The Rabbis -were at hand to encourage and stimulate them. The -women and the young men were bidden to sing as -<span class="pagenum" id="Page_372">372</span> -they marched, and timbrels were sounded to hearten -these wretched multitudes.</p> - -<p>The Andalusians made for Cadiz, where it was -their intention to take ship. Those of Aragon also -turned towards the coast, repairing to Cartagena; -whilst many Catalans sailed for Italy, where—singular -anomaly!—a Catalan Pope (Roderigo Borgia) was to -afford them shelter and protection in the very heart of -the system that was oppressing and persecuting them.</p> - -<p>Of those who arrived at Cadiz, Bernaldez says that -at sight of the sea there was great clamour amongst -them. Their imaginations fired by the recent sermons -of the Rabbis, in which they had been likened to their -forefathers departing out of the Egyptian captivity, -they confidently expected to behold here a repetition -of the miracle of the Red Sea, and that the waters -would separate to allow them a dry-shod passage into -Barbary.</p> - -<p>Those who went westwards were permitted by -King John of Portugal to enter his kingdom and -abide there for six months upon payment of a small -tax of one cruzado each.<a id="FNanchor_245" href="#Footnote_245" class="fnanchor">245</a> Of these many settled in -Portugal and engaged there in trade, which they were -permitted to do subject to a tribute of 100 cruzados -levied on each family.</p> - -<p>It is no part of our present task to follow the -Israelites into exile and observe the miserable fate -that overtook so many of them, alike at the hands of -the followers of the gentle Christ and at those of the -Children of the Prophet. Many sages and rabbis -were amongst those who abandoned Spain, and in -their number was Isahak Aboab, the last Prince of -the Castilian Jews, and Isaac Abarbanel, the sometime -farmer of the royal taxes.</p> - -<p>“The expulsion,” writes this last, “was accompanied -by pillage on land and sea; and amongst those -who, stricken and sorrowful, set out for foreign lands, -<span class="pagenum" id="Page_373">373</span> -was I. With great trouble I contrived to reach -Naples, but I was unable to find any repose there in -consequence of the French invasion. The French -were masters of the city, the very inhabitants having -abandoned their Government. All rose against our -congregation, expelling rich and poor, men and -women, fathers and sons of the Children of Zion, -and reducing them to the greatest ruin and misery. -Several abandoned their religion, fearing lest their -blood should be shed as water, or that they might be -sold into slavery; for men and women, young and -old, were being carried off in ships without pity for -their lamentations, compelled to abandon their Law -and continue in captivity.”</p> - -<p>France and England received some of the exiles, -others went to settle in the Far East. Most wretched, -perhaps, were those who landed on the coast of Africa -and attempted by way of the desert to reach Fez, -where there was a Jewish colony. They were beset -by a horde of plundering tribesmen, who pillaged them -of their belongings, treated them with the utmost -cruelty and inhumanity, ravished their women under -their very eyes, and left them stripped and utterly -broken. Their sufferings had reached the limit of -their endurance. The survivors sought baptism at -the first Christian settlement they reached, and many -of these returned to their native Spain, having thus -qualified themselves for readmission.</p> - -<p>There were many otherwise who, similarly unable -to endure the hardships which they met abroad, broke -down at last, accepted baptism and returned, or else -returned clamouring for the baptism that should -enable them to dwell in peace in the land of their -birth.</p> - -<p>For three years, says Bernaldez, there was a constant -stream of returning Jews, who having abandoned -all for their faith, had now abandoned their faith itself, -and came back to make a fresh start. They were -baptized in groups, all at once, by the sprinkling of -<span class="pagenum" id="Page_374">374</span> -hyssop over them.<a id="FNanchor_246" href="#Footnote_246" class="fnanchor">246</a> Bernaldez himself baptized a -hundred of them at Palacios, and from what he beheld, -“I considered fulfilled,” he writes, “the prophecy of -David—‘Covertentur ad vesperam et famen patiuntur -ut canes et circundabunt civitatem.’”</p> - -<p>The priest of Palacios estimates at 36,000 the -Jewish families that accepted banishment,<a id="FNanchor_247" href="#Footnote_247" class="fnanchor">247</a> which -would represent some 200,000 souls. But Salazar de -Mendoza and Zurita set the total exiles at twice -that number,<a id="FNanchor_248" href="#Footnote_248" class="fnanchor">248</a> whilst Mariana carries it as high as -800,000.<a id="FNanchor_249" href="#Footnote_249" class="fnanchor">249</a> More reliable perhaps than any of these -is the estimate left by the Jewish writers, who say -that in the year 5252 of the Creation 300,000 Jews -left Spain, the land in which their forbears had dwelt -for close upon 2,000 years.<a id="FNanchor_250" href="#Footnote_250" class="fnanchor">250</a></p> - -<p>These figures bring home to us the gravity of the -step taken by the Sovereigns when they consented to -the banishment of the Jews; and if anything had been -wanting to make us appreciate the irresistible quality -of Torquemada and of the fanaticism for which he -stood, these figures would supply it.</p> - -<p>The proposed expulsion must fully have been discussed -in council before the edict was promulgated;<a id="FNanchor_251" href="#Footnote_251" class="fnanchor">251</a> -and it must have been obvious that Spain could not -fail to be left materially the poorer if some 40,000 -industrious families were driven out. It is unthinkable -that king or councillor should not have raised the -question of the inexpediency, of the positive danger -attaching to such a measure. Yet certain it is that -neither councillor nor king could stand against the -stern, uncompromising friar, in whom they saw the -representative of a God that was not to be trifled -<span class="pagenum" id="Page_375">375</span> -with—a God whom their conceptions transformed -into some vindictive pagan deity.</p> - -<p>Torquemada’s crucifix so dramatically flung into -the scales had definitely settled the question.</p> - -<p>The Sultan Bajazet, who welcomed and sheltered -not a few of the fugitives in Turkey, was overcome -with amazement at this blunder of statecraft, so that -he is reported to have asked whether this king were -seriously to be taken for a great statesman who -impoverished his kingdom to enrich another’s.</p> - -<p>What the Grand Turk perceived so readily, priest-ridden -Ferdinand dared not perceive.</p> - -<p>In banishing Jew and Moslem from her soil—for -the Moor was soon to follow, though temporarily permitted -to remain by virtue of the terms of the capitulation -of Granada—Spain banished her merchants and -financiers on the one hand, and her agriculturists and -artisans on the other; in short, she banished her -workers, the productive section of her community. -It is accounted by many that she did so with the fullest -consciousness of the consequences—an act of heroic -sacrifice to principle and to religious convictions. And -it may be that she accounted herself God-rewarded by -the gift of a new world for this sacrifice to God.</p> - -<p>The arts, the industries, manufactures, agriculture, -and commerce have been bewailing for four hundred -years the lack of hands to serve them. The New -World proved but an illusory and transient compensation. -Its gold could not furnish Spain with the -workers that she lacked. On the contrary, it increased -that lack. The New World repaid herself with interest -for what she gave. In return for the gifts she poured -into the lap of Spain she took to herself the very -children of Spain, luring them overseas with the -fabulous tales of riches easily to be acquired. Driven -by this greed of gold, multitudes of families emigrated -to increase the depopulation of their country. And -when, in the course of time, those children of Spain in -the New World had grown to a sufficient strength to -<span class="pagenum" id="Page_376">376</span> -claim their emancipation, they threw off the yoke of -the motherland and distributed among themselves her -vast possessions. They left her bare indeed, who by -her own act was without home-resources, to realize -perhaps at last what manner of service had been -rendered her by the Prior of Holy Cross.</p> - -<hr class="tb" /> - -<p>The Moors of Granada, meanwhile, had obtained -from Ferdinand a promise that the Inquisition should -not be set up in Granada within the following forty -years, nor yet any prosecution instituted of Moriscoes -(baptized Moslems) for the observance of Mohammedan -customs.</p> - -<p>The term, however, set too great a strain upon -priestly patience. In 1526—long before the expiry of -the period marked—the Holy Office crept slyly into -Granada upon the pretext that it was requisite to -watch the many suspected Marranos who had gone to -reside there in the shelter of the immunity enjoyed by -the Moriscoes. That it was the merest pretext is -shown by the circumstance that already, as early as -1505, the Holy Office of Cordova had been moving -in Granada and instituting there, when occasion arose, -proceedings against Judaizers. -<span class="pagenum" id="Page_377">377</span></p> - -<h2 id="CHAPTER_XXVII">CHAPTER XXVII<br /> - -<span class="medium">THE LAST “INSTRUCTIONS” OF TORQUEMADA</span></h2> - -<p>The expulsion of the Jews may be considered the -supreme and crowning work of Torquemada’s life. -It marks the high meridian of his achievement. -Hereafter his career dwindles gradually in importance -in a measure as it sinks slowly to its setting.</p> - -<p>In Rome, meanwhile, in that year 1492, a new -Pontiff—Roderigo Borgia—had ascended the throne -of St. Peter under the title of Alexander VI, and from -this Pontiff’s hands Torquemada received his confirmation -in the great office which he held—a confirmation -which, being couched in the otiose terms of -affection not uncommon in papal bulls, seems to have -led many to believe that Alexander viewed Torquemada -and the Holy Office of Spain with particular -fondness. As a matter of fact, this Pope’s attempts -to curb the excessive rigour of the Grand Inquisitor -were less lethargic—we dare not say more energetic—than -those exerted by Sixtus IV and Innocent VIII; -and it was Alexander VI who, weary of complaints, -finally contrived the retirement of the Prior of Holy -Cross.</p> - -<p>But that was not yet. Before that came to pass, -the scandals of secret absolutions sold and subsequently -rescinded by the Holy See were now -repeated. Vigorous appeals were made to the Holy -Father against the procedure of the Grand Inquisitor, -and the Holy Father, acting upon the advice of the -<span class="pagenum" id="Page_378">378</span> -Apostolic Court, dispatched his briefs of absolution. -Torquemada, incensed once more by this fresh interference -with his jurisdiction, made his appeal to the -Sovereigns, and jointly with them laid his protests -before the Pope, who complacently cancelled the -briefs that had been paid for—or rather that part of -the absolution which concerned the temporal courts. -For the moneys received it could be shown that full -value had been given, since these absolutions still -held good in the tribunal of conscience. We are -familiar by this time with the argument.</p> - -<hr class="tb" /> - -<p>Torquemada’s enemies in Spain were increasing -now at an alarming rate. But, secure in the royal -protection, this old man steadily and ruthlessly -advanced along the path of intolerance, undismayed -by ill-will. Conscious of the hatred he provoked, he -may have gloried in the maledictions hurled against -him by the persecuted, conceiving that the malevolence -of the infidel would render his deeds the -more acceptable in the sight of his God. But whatever -the equanimity with which he may have confronted -spiritual hostility, he took his measures to secure himself -from its temporal manifestations. That he went -in dread of attack is evinced not only by the fact that -he was never seen abroad without his numerous escort -of armed familiars, but further by the circumstance -that he never sat down to dine without a horn of -unicorn upon his table as a charm against poison.<a id="FNanchor_252" href="#Footnote_252" class="fnanchor">252</a></p> - -<p>So arbitrarily and arrogantly did he widen the -sphere of autocratic jurisdiction accorded him that -soon he was usurping the functions of the civil courts, -thereby provoking a still deeper resentment. He -conducted the business of the Holy Office in such a -manner that all other courts of the kingdom became -subservient to it, and where the magistrates, resenting -these encroachments, attempted to withstand him, or -even to question his authority, they were—as had -<span class="pagenum" id="Page_379">379</span> -happened in the case of the Captain-General of -Valencia—promptly charged with lack of zeal and -even impeached as hinderers of the Holy Office. They -were compelled to submit to humiliating penances, -which in the case of magistrates entailed a total loss -of dignity and prestige. And such was the ascendancy -this man had gained by now that complaints or -appeals to the Sovereigns were useless.</p> - -<p>Meanwhile, however, and by his own act, his -enemies at home had found two powerful mediators -with the Pope, two powerful advocates to plead their -cause before the Apostolic Court. These were Juan -Arias Davila, Bishop of Segovia, and Pedro de Aranda, -Bishop of Calahorra.</p> - -<p>Torquemada’s frenzied intolerance of men of Jewish -blood was by no means confined to those who practised -the Law of Moses. It extended to those who had -accepted baptism and to their descendants, and it kept -alive his mistrust of them.</p> - -<p>Very markedly is this exhibited in the proceedings -he instituted against the two bishops mentioned, notwithstanding -the Papal decree which inhibited inquisitors -from proceeding against prelates save by -special pontifical authority.</p> - -<p>The Bishop of Segovia—Juan Arias Davila—was -the grandson of a Jew who had received baptism in -the reign of Henry IV, and had held an honourable -position at the court of that king by whom he had -been ennobled. Considering the ecclesiastical eminence -attained by his grandson—now a very old man—one -would imagine that the latter should have been secure -from inquisitorial attacks on the score of alleged -offences committed by his ancestor against the Faith. -But the terrible Torquemada contrived to rake up -some matters against the long-deceased <i>converso</i>, -accused him of having re-Judaized before his death, -and instituted proceedings which must have resulted in -the destitution, degradation and infamy of the bishop, -his descendant. -<span class="pagenum" id="Page_380">380</span></p> - -<p>“It sufficed,” says Llorente on this subject,<a id="FNanchor_253" href="#Footnote_253" class="fnanchor">253</a> “that -a deceased Jew should have been fortunate and wealthy -to seek cause of suspicion upon his faith and religion, -such was the ill-will against those of Jewish blood, -such the desire to mortify them, and such the covetousness -to absorb their property.”</p> - -<p>To these proceedings Davila set up a stout resistance -and made appeal to the Pope, whereupon Torquemada -experienced his first serious check. The Pope -ordered him to stick to the letter of the law, and to -lay the matter before the Apostolic Court, as was due. -Thither went the Bishop also, to defend his grandfather’s -bones from the accusation lodged. He was -well received by the Pontiff, who ultimately gave -him the victory over Torquemada, for when the -case was tried his father’s memory was cleared of all -guilt.<a id="FNanchor_254" href="#Footnote_254" class="fnanchor">254</a></p> - -<p>In the meanwhile, however, Davila had not only -received a very kindly welcome at the Vatican, but, -pending his trial, he was given a position of honour, -and he was associated with Cardinal Borgia of Monreale -(Alexander’s nephew) when the latter went as papal -legate to Naples, to crown Alfonso II of Aragon.<a id="FNanchor_255" href="#Footnote_255" class="fnanchor">255</a></p> - -<p>Less fortunate was Pedro de Aranda, the other -accused Bishop. In his case, too, the proceedings -instituted were based upon the alleged Judaizing of his -deceased father—a Jew who had been baptized in the -time of St. Vincent Ferrer.</p> - -<p>His case was tried at Valladolid, but the inquisitors -and the diocesan ordinary disagreed in their findings, -and in 1493 the Bishop, accompanied by his bastard -son Alfonso Solares, set out for Rome, to present in -person his appeal to the Pontiff. Him, too, the Pope -received with the utmost kindliness. His Holiness -issued a brief inhibiting the inquisitors, and relegating -<span class="pagenum" id="Page_381">381</span> -the case to the Bishop of Cordova and the Prior of -the Benedictines of Valladolid.</p> - -<p>The case being tried by them, a verdict entirely -favourable to the Bishop was obtained, and his father’s -memory was acquitted of the charge preferred against -it. But the tribulations of the living son were not -permitted to end there. Torquemada would not suffer -that his prey should escape so easily.</p> - -<p>Already in 1488 the Bishop had been defamed by -a suspicion of judaizing, and the Grand Inquisitor now -pressed that he should be called to answer to that -charge, forwarding the indictment under seal to Rome.</p> - -<p>Pending the solution of the matter by the Apostolic -Court, Alexander not only treated Aranda well, but -heaped honours and favours upon him and his son. -The Bishop was sent to Venice as papal legate, he -was appointed Master of the Sacred Palace, whilst -upon his offspring was conferred the position of -apostolic prothonotary.<a id="FNanchor_256" href="#Footnote_256" class="fnanchor">256</a></p> - -<p>But despite the papal favour which he enjoyed, and -notwithstanding the fact that he called upwards of a -hundred witnesses to testify in his defence, he was -found guilty. It is said that his own witnesses helped -to bring about his conviction. The Pontifical Court -was obliged to sentence him to loss of all ecclesiastical -dignities and benefices, to degrade him and reduce -him to the lay estate, whereafter he was imprisoned in -Sant’ Angelo, and there he died a few years later.<a id="FNanchor_257" href="#Footnote_257" class="fnanchor">257</a></p> - -<p>Notwithstanding the sentence of the Apostolic -Court, Llorente finds it impossible to believe that -Aranda was really guilty of Judaizing. “It seems incredible -that it should have been so, considering that -he had preserved the reputation of good Catholic for -so long and with such applause that the Queen Donna -Isabella should have named him President of the -Council of Castile. His celebrating the Synodal -<span class="pagenum" id="Page_382">382</span> -Council in his bishopric argues zeal for the purity of -religion and its dogmas. That the witnesses called -should have deponed to any words or actions of his -that were contrary to this does not signify as much as -may at first appear, for we know, from a multitude of -instances, that to fast on Sunday, to abstain from work -on Saturday, to refuse to eat pork, to dislike the blood -of animals, and other similar matters, sufficed as grounds -upon which to declare a man a Judaizing heretic, and -this notwithstanding that, as any one knows to-day, -these are circumstances not at all at issue with a firm -adherence to the Catholic dogmas.”<a id="FNanchor_258" href="#Footnote_258" class="fnanchor">258</a></p> - -<p>His sentence, however, was not pronounced until -1498. Until then he enjoyed, as we have seen, great -favour at the Papal Court. Taking advantage of this, -he and the Bishop of Segovia not only acted as -mediators to lay their countrymen’s grievances against -Torquemada before the Pope, but, in their very natural -resentment at the injustice of the prosecutions instituted -against themselves, they went so far as to urge the -Pope to depose the Grand Inquisitor from his office. -And Llorente—who states this upon the authority of -Lumbreras—adds that these petitions would, of themselves, -have prevailed but for the royal protection -which Torquemada continued to enjoy.<a id="FNanchor_259" href="#Footnote_259" class="fnanchor">259</a></p> - -<hr class="tb" /> - -<p>But the complaints of the Grand Inquisitor’s abuse -of his power continued to pour into Rome. They -multiplied to such an extent, they were of such a -nature, and they were presented by Spaniards of such -eminence at the court of the Spanish Pontiff, that thrice -was Torquemada forced to send an advocate to defend -<span class="pagenum" id="Page_383">383</span> -him before the Holy See.<a id="FNanchor_260" href="#Footnote_260" class="fnanchor">260</a> And in the end Alexander -considered it necessary to take measures to circumvent -the royal protection which continued to oppose the -deposition of the Prior of Holy Cross.</p> - -<p>Since to depose him were too aggressive a course -to adopt towards the Sovereigns, with whom the -Pontiff desired to preserve the friendliest relations, at -least Torquemada’s power must be curtailed. And so, -by a brief of June 23, 1494, indited with all the craft -and diplomacy of which Roderigo Borgia was a master, -a brief in which he assures the Grand Inquisitor that -“he cherishes him in the very bowels of affection for -his great labours in the exaltation of the Faith,” and -charged with tender solicitude for Torquemada’s failing -health, the Pontiff puts forward these infirmities as a -reason for assuming him no longer equal to discharge -single-handed the heavy duties of his office. Therefore -His Holiness considers it desirable to appoint him -assistants who will lighten the labour of his declining -years.</p> - -<p>The assistants appointed by Alexander were -Martin Ponce de Leon, a Castilian nobleman who -was Archbishop of Messina, Don Inigo Manrique, -Bishop of Cordova (nephew of the prelate of the -same name who was Archbishop of Seville), Don -Francisco Sanchez de la Fuente, Bishop of Avila, -sometime Dean of Toledo and Councillor of the -Suprema, and Don Alonso Suarez de Fuentelsaz, -Bishop of Mondonedo, who had also held the -position of inquisitor.</p> - -<p>These assistants were equipped by the Pontiff -with the amplest powers—powers as ample as -Torquemada’s own—so that they were in no sense -subservient to the Prior of Holy Cross. The term -“assistant” was a papal euphuism, serving thinly to -veil the fact that Torquemada’s autocratic rule was -virtually at an end.</p> - -<p>Such was the absolute equality of the authority -<span class="pagenum" id="Page_384">384</span> -of each of the five Grand Inquisitors now in existence, -that it was explicitly set forth that any one of them -had power singly to determine any matter, or singly -to conclude any case that might have been initiated -by one of the other four.<a id="FNanchor_261" href="#Footnote_261" class="fnanchor">261</a></p> - -<p>But of the four assistants appointed only two -accepted office jointly with Torquemada. These -were the Bishop of Avila and the Archbishop of -Messina, who at once took up their duties.</p> - -<p>The Pope went a step further on November 4 -following, when by a supplementary brief he appointed -Sanchez de la Fuente (Bishop of Avila) to be Judge -of Appeal in cases of the Faith. And from now -onwards it is to Sanchez de la Fuente that the Pope -addresses his briefs concerning the conduct of the -affairs of the Holy Office. It was to him personally -that Alexander gave orders that when a bishop was -unable or unwilling to perform upon an offending -cleric of his diocese the ceremony of degradation, -this should be undertaken by the Bishop of Avila -himself, or else by a bishop by him appointed.</p> - -<p>Thus it would seem that Torquemada had virtually -been superseded, and that Sanchez de la Fuente had -been rendered his superior. If so, that superiority -cannot have been more than nominal. In spite of -it, Torquemada remained the guiding spirit of the -Holy Office in Spain, the supreme arbiter and law-giver, -as we shall see when we come to consider his -last “Instructions,” published in 1498.</p> - -<hr class="tb" /> - -<p>In spite of these measures taken by the Pope with -a view to softening inquisitorial severity and bringing -it within more reasonable bounds, complaints to Rome -seem to have continued unabatedly.</p> - -<div id="i_384" class="figcenter"> -<img src="images/i_384.jpg" alt="" /> -<p class="small"><i>Photo by Donald Macbeth.</i></p> - -<p class="caption">SPAIN AND PORTUGAL.<br /> -From Colmenar’s “Délices d’Espagne.”</p> -</div> - -<p>Far from restricting inquisitorial jurisdiction—as -was intended—the appointment of these assistant -Grand Inquisitors appears to have widened it. They -now went so far as themselves to sell and dispose -<span class="pagenum" id="Page_385">385</span> -of confiscated property—a matter which hitherto had -been conducted by the officers of the royal treasury. -And this was more than Ferdinand could stomach. -Where humanitarian considerations, where arguments -of political expediency had failed to curb his bigotry, -acquisitiveness seems easily to have carried the victory. -So that at last we see the King himself turning in -appeal to the Pope against this despotism of a court -upon which he had conferred the power to become -mightier than himself in his own kingdom.</p> - -<p>The response to his appeal was the bull of -February 1495, commanding the inquisitors under -pain of excommunication to desist from their course, -and never to resort to it again save under royal -sanction. The power to proceed against inquisitors -in case of fraud or irregularity in this matter was -vested in the famous Francisco Ximenes de Cisneros.<a id="FNanchor_262" href="#Footnote_262" class="fnanchor">262</a></p> - -<p>This man, who has been called the Richelieu of -Spain, had risen from very humble beginnings, as a -barefoot friar-mendicant, to the very splendid eminence -of Primate of Spain—in which office he had just -succeeded Cardinal Mendoza, who died in that year -(1495).</p> - -<hr class="tb" /> - -<p>In the following year Torquemada made his exit -from the Court, where for a decade he had been a -figure of an importance second only to that of the -Sovereigns themselves.</p> - -<p>Crippled by gout, he withdrew to his monastery -at Avila.<a id="FNanchor_263" href="#Footnote_263" class="fnanchor">263</a> There he now dwelt in retirement, an -emaciated old man in his seventy-sixth year, debilitated -and racked with bodily infirmities, but with all his -vigour and energy of mind unimpaired, his severity -as uncompromising as of old, his conscience entirely -at peace in the conviction that he had given of his best—indeed, -his all—to the service of his God.</p> - -<p>But even now his retirement can have been little -<span class="pagenum" id="Page_386">386</span> -more than physical. His attention continued focussed -upon the Inquisition and engrossed by it. To the last -do we find him actively directing the procedure of that -tribunal of the Faith.</p> - -<p>In the spring of 1498 he summoned the principal -inquisitors of the kingdom to the monastery of St. -Thomas of Avila, to the end that with himself they -might concert the promulgation of further decrees to -check abuses which had crept into the administration -of the justice of the Holy Office, proving inadequate -his enactments of 1484, 1485, and 1488.</p> - -<p>These, the fourth “Instructions” of Torquemada, -were published on May 25, 1498. They contain a -good deal that seems calculated to soften the rigour -of the earlier decrees, yet much of this is more or less -illusory.</p> - -<p>Let us very briefly consider the sixteen articles of -which they consist.</p> - -<p>The first three provide: (I) that of the two inquisitors -appointed to each court one shall be a jurist and -the other a theologian, and that they shall not proceed -other than jointly to decree prison, torture, or publication -of witnesses; (II) that the inquisitors shall not -permit their officers to bear weapons in those places -where the bearing of weapons is forbidden; (III) that -no one shall be arrested save upon sufficient proof of -his guilt, and that all cases be disposed of with dispatch -and not delayed in the hope of discovering increased -justification to sentence.</p> - -<p>This last clause merely repeats an earlier one that -we have already seen, and from this repetition we are -led to suppose that the former expression of the same -command had not received proper attention and obedience. -The stipulation that no arrest should be made -save where there was sufficient proof of guilt is not as -generous as it sounds. It is dependent upon what the -inquisitors would consider “sufficient proof”; this is -revealed by the jurisprudence of the Holy Office: -the accusation of a spiteful or malevolent person, or -<span class="pagenum" id="Page_387">387</span> -a delation wrung from some wretch under torture, -would be accounted “sufficient proof” to justify the -arrest and its sequel. To abolish the inequitable -character of this it would have been necessary to have -rescinded the decree which accounted “semiplenal -proof” sufficient ground for taking action.</p> - -<p>Very merciful in its terms is Article IV, which -sets forth that in proceedings against the dead the -inquisitors must absolve promptly where complete -proof of crime is not forthcoming, and not delay in the -hope of obtaining further proof, as legal delays are -very injurious to the children, who are unable to contract -marriage whilst such matters are <i>sub judice</i>. But -it comes a little late in the day. It comes when the -great harvest from the wealthy dead has been safely -garnered. Besides, no conditions imposed could -mitigate the horrible rigour of the enactment to -exhume and burn the bones of the dead together -with their effigies, and to reduce the children or grandchildren -to destitution and infamy, even when the -person convicted was known to have died penitent -and comforted by the sacraments of the Church—in -consequence of which, by their own Faith, the inquisitors -believed him to be saved.</p> - -<p>Article V provides that when the tribunal shall -be short of money for salary, no further pecuniary -penances be imposed than would be the case if the -court had funds in hand.</p> - -<p>Conceive, if you can, the notions of equity prevailing -in a tribunal which needed to have it decreed that -fines were to be governed by the offence committed, -and not by the court’s need of money at the time!</p> - -<p>Similarly illumining is Article VI, which sets forth -that imprisonment or other corporal penances must not -be commuted to fines, and that only the inquisitors-general -shall have power to dispense an offender from -wearing the <i>sanbenito</i> and to rehabilitate the children -of heretics so that they shall have liberty in the matters -of apparel and employment. -<span class="pagenum" id="Page_388">388</span></p> - -<p>As Llorente points out,<a id="FNanchor_264" href="#Footnote_264" class="fnanchor">264</a> the very existence of this -decree shows of what abuses of power the inquisitors -were guilty for the purpose of increasing their already -considerable profit.</p> - -<p>Article VII is thoroughly imbued with the inquisitorial -spirit of mercilessness. It warns inquisitors to be -cautious in the matter of admitting to reconciliation -those who confess their fault after arrest, since, considering -how many years have passed since the -institution of the Inquisition, the contumacy of such -offenders may be taken as established.</p> - -<p>On the subject of Article VIII, which enjoins inquisitors -to punish false witnesses with public pains, -Llorente is particularly interesting in a commentary:</p> - -<p>“Properly to understand this article, it is necessary -to realize that there were two ways of being a false -witness: one by calumniating, another by denying -knowledge of heretical words or deeds upon which a -person might be questioned in the course of proceedings -against an accused. I have seen many records of -proceedings against those of this second class, but -very rarely (<i>rarissima vez</i>) any against those of the -first. Nor could it be easy to prove that a calumniator -has borne false witness, for the unfortunate accused -would have to guess his identity, and though he were -to guess correctly the court would not admit it.”<a id="FNanchor_265" href="#Footnote_265" class="fnanchor">265</a></p> - -<p>Article IX provides that in no tribunal shall there -be two persons who are related or one who is the -servant of another, even though their respective offices -should be entirely different and separate.</p> - -<p>Articles X, XI, and XVI are calculated to increase -the secrecy of inquisitorial proceedings. The first -makes provision for the secret custody of all documents -and for punishing any notary who shall betray -his trust; the second enacts that a notary must not -receive the depositions of witnesses save in the presence -of the inquisitor; the last decrees that after the -<span class="pagenum" id="Page_389">389</span> -witnesses shall have been sworn by the inquisitors in -the presence of the fiscal, the latter must withdraw so -as not to be present when the delations are made.</p> - -<p>The remaining four articles are concerned with -such matters as the setting up of courts of the -Inquisition where these have not yet been established, -the submission of difficult questions that may -arise to the Suprema for decision, the provision of -separate prisons for women and for men, and the -stipulation that officers of the court shall work six -hours daily.</p> - -<hr class="tb" /> - -<p>In addition to the foregoing sixteen articles, he -promulgated in that same year special instructions -concerning the <i>personnel</i> of the Holy Office. They -speak for themselves, and very vividly suggest the -abuses they were framed to suppress.</p> - -<p>For governors of prisons and constables he decreed -that they must permit no one to visit the prisoners -with the exception of the persons appointed to bear -them food, and that these must be bound by oath to -preserve the “secrecy” inviolate, and to examine all -food to ascertain that no written matter is concealed -in it. Food, it is added, shall be conveyed to the -prisoners by persons specially appointed for that duty, -and never by a constable or gaoler.</p> - -<p>All officers are to be sworn to preserve inviolate -secrecy upon all things they may see or hear.</p> - -<p>Receivers are commanded that in the event of the -acquittal of a person whose property has been sequestered, -they must restore the property according to the -inventory drawn up at the time of effecting the -sequestration—but if there are debts to be satisfied -by such a person, these may be paid by order of the -inquisitors without awaiting the consent of the debtor.</p> - -<p>If amongst confiscated property there should be -any that is in litigation, the matter is to be judicially -decided; and if it is found that any property which -should have formed part of a confiscation shall have -<span class="pagenum" id="Page_390">390</span> -passed into the hands of third parties, action is to be -taken to recover it.</p> - -<p>Confiscated property is to be sold after thirty days, -and the receivers are not to purchase any under pain -of greater excommunication and a fine of 100 ducats. -Each receiver is authorized to give vouchers for property -up to the value of 300,000 maravedis.</p> - -<p>For the inquisitors themselves it is provided that -upon assuming office they shall be bound by oath -to discharge their duties well and faithfully and to -observe the secrecy; that no inquisitor or officer of -the Inquisition shall receive any gift of whatsoever -nature from a prisoner, under pain of loss of office and -a fine of twice the value of the gift plus 100,000 -maravedis, whilst any who shall have knowledge of -such matter and fail to divulge it shall be subject to -the same penalty.</p> - -<p>Inquisitors are to make oath never to be alone with -a prisoner, and neither an inquisitor nor any officer of -the court shall hold two offices or receive two salaries. -Lastly, in any district where the Inquisition’s tribunal -is established, the inquisitors must pay for their own -lodgings, and must never receive any hospitality from -<i>conversos</i>.<a id="FNanchor_266" href="#Footnote_266" class="fnanchor">266</a></p> - -<hr class="tb" /> - -<p>We have seen Torquemada’s efforts strained to -obtain the fullest possible control over subjects of -inquisitorial jurisdiction in Spain, and to establish -himself the sole arbiter in matters concerning heresies -there committed. And we have seen his frequent -conflicts with Rome in consequence of what he -accounted undue interference on the part of the Holy -See in affairs which he considered purely within his -own province. Despite repeated protests which had -resulted in the annulment of absolutions granted by -the Apostolic Court, the Holy See had ever continued -to receive those who fled thither from Spain in quest -of a reconciliation that was procurable in Rome upon -<span class="pagenum" id="Page_391">391</span> -terms far easier than were accorded by Torquemada’s -delegates.</p> - -<p>Never, however, had the fugitives to Rome been -so numerous as they were now in the reign of -Alexander VI. Never before had so many Judaizers—who -were liable, if discovered in Spain, to perpetual -prison or the fire—sought at the hands of the Pontiff -the absolution which, subject to penitence and penance, -the Holy Father was willing and ready to accord -them.</p> - -<p>On July 29, 1498, an Auto de Fé was held in -Rome in the vast square before St. Peter’s, when -180 Spanish Judaizers came to be reconciled to the -Church.<a id="FNanchor_267" href="#Footnote_267" class="fnanchor">267</a></p> - -<p>It is worth while to take a glance at this, and to -mark the difference between the Act of Faith in the -very heart of Christendom, and the spectacles provided -under the same title by Spanish bigotry and -fanaticism.</p> - -<p>There were present the Governor of Rome, Juan -de Cartagena, the Spanish Orator at the Vatican, the -Apostolic auditors, and the Master of the Sacred -Palace, whilst the Pope himself surveyed the scene -from the balcony above the steps of St. Peter’s.</p> - -<p>The penitents received the <i>sanbenitos</i>, which were -put on over their ordinary garments, and arrayed in -these they entered St. Peter’s. There all were assembled -and reconciled, whereafter they were taken in procession -to the Church of Santa Maria della Minerva. -In this temple they put off their <i>sanbenitos</i>, and each -one withdrew to his home without further bearing the -insignia of shame and infamy.<a id="FNanchor_268" href="#Footnote_268" class="fnanchor">268</a> -<span class="pagenum" id="Page_392">392</span></p> - -<p>The view taken by Torquemada of a Pope who so -little understood what the former considered to be the -duties of Christ’s earthly Vicar is to be gathered from -the attitude of the Sovereigns in the matter of these -reconciliations, and their protests—protests which, -beyond doubt, would be inspired by the Grand -Inquisitor.</p> - -<p>Alexander advised the Sovereigns in reply—by a -brief of October 5—that in according these absolutions -one of the pains imposed upon the penanced was that -they must never return to Spain without the special -sanction of the Catholic Sovereigns.<a id="FNanchor_269" href="#Footnote_269" class="fnanchor">269</a></p> - -<p>In this manner, clearly, there was no infringement -by the Pontiff of the power relegated to the Spanish -inquisitors, since as long as the penitents remained -abroad they were beyond the jurisdiction of the Holy -Office of Spain. As for the prohibition to return being -a part of the penance imposed, it was surely supererogative, -for we cannot think that any of those who -had so fortunately obtained absolution would easily -incur the risk of coming within reach of the talons -of a court that would disregard, or else find a way -to cancel or circumvent, the Roman reconciliation.</p> - -<hr class="tb" /> - -<p>But by the time the brief reached Spain, Frey -Tomás de Torquemada, the arch-enemy of the Jews, -had breathed his last in his beautiful monastery of -St. Thomas at Avila.</p> - -<p>He passed away in peace, laying down the burden -of life and sinking to sleep with the relief and thankfulness -of the husbandman at the end of a day of -diligent, arduous, and conscientious toil. His honesty -of purpose, his integrity, his utter devotion to the task -he had taken up are to be weighed in the balance of -historic judgment against the evil that he wrought -so ardently in the unfaltering conviction that his work -was good.</p> - -<p>His name has been execrated and revered at once. -<span class="pagenum" id="Page_393">393</span> -He has been vituperated as a fiend of cruelty, and all -but worshipped as a saint; and there is bias in both -judgments—both are no better than gratifications of -prejudice.</p> - -<p>Perhaps Prescott is nearest the truth when he -says that “Torquemada’s zeal was of so extraordinary -a character that it may almost shelter itself under the -name of insanity.”<a id="FNanchor_270" href="#Footnote_270" class="fnanchor">270</a></p> - -<p>Garcia Rodrigo speaks of the barbarians of the -nineteenth century who desecrated the monastery of -St. Thomas, and whose “revolutionary hammers” -smashed so many of the sepulchral and other marbles. -He turns the medal about for us when he pours -his fierce invective upon anti-religious fanaticism -and speaks of these broken marbles as evidences -of “perversity, intolerance, and want of enlightenment.”<a id="FNanchor_271" href="#Footnote_271" class="fnanchor">271</a></p> - -<p>The anti-religious fanaticism and intolerance must -be admitted. But it must be admitted that they are -the inevitable fruits that fanaticism and intolerance -produce. Men reap as they sow. And what but -thistles shall be yielded by the seed of thistles?</p> - -<p>The same author inveighs against the political -fanaticism of Spanish Liberalism, which in the hour -of reaction sought fiercely for the bones of the first -Grand Inquisitor. He denounces it indignantly for -disturbing the peace of sepulture. In the main we -share his feelings; and yet can we avoid perceiving -here a measure of retributive justice? Can we fail to -see in this fanatical act the vengeance of humanity for -the almost obscene violation of a thousand graves by -that same Grand Inquisitor’s fanaticism? -<span class="pagenum" id="Page_394">394</span></p> - -<p>He was laid to rest in the chapel of his monastery, -and his tomb bore the following simple inscription:</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">HIC JACET REVERENDUS P. F. THOMAS DE TURRE-CREMATA<br /></span> -<span class="i0">PRIOR SANCTÆ CRUCIS, INQUISITOR GENERALIS<br /></span> -<span class="i0">HUJUS DOMUS FUNDATOR. OBIIT ANNO DOMINI<br /></span> -<span class="i0">MCDLXLVIII, DIE XVI SEPTEMBRIS.<a id="FNanchor_272" href="#Footnote_272" class="fnanchor">272</a><br /></span> -</div></div> -</div> - -<p>But his work survived him. His spirit—through -his enactments—continued for three centuries after his -death to be the guiding spirit of the Inquisition, -executor of the stern testament he left inscribed upon -the walls of his monastery—</p> - -<h3>PESTEM FUGAT HÆRETICAM. -<span class="pagenum" id="Page_395">395</span></h3> - -<h2 id="BIBLIOGRAPHY">BIBLIOGRAPHY</h2> - -<blockquote class="list"> - -<p>Ariz, Luys: “Historia de Avila.” Alcalá, 1607.</p> - -<p>Babut, Charles E.: “Priscillian et le Priscilliantisme.” Paris, 1909.</p> - -<p>Bernaldez, Andrés: “Historia de los Reyes Catolicos.” 1870.</p> - -<p>Bleda, Jaime: “Coronica de los Moros de España.” Valencia, 1618.</p> - -<p>Burchard, Johannes: “Diarium sive Rerum Urbanarum Commentarii” (Ed. Thuasne). Paris.</p> - -<p>Castillo, Hernando del: “Historia General de Santo Domingo.” Valladolid, 1612.</p> - -<p>Colmenar, Juan Alvarez de: “Delices d’Espagne.” Leyden, 1715</p> - -<p>Colmenares, Diego de: “Historia de Segovia.” Madrid, 1640.</p> - -<p>“Copilacion de las Instrucciones hechas, etc.” Madrid, 1576.</p> - -<p>Didron, A. N.: “Iconographie Chrétienne.” Paris, 1835.</p> - -<p>Douais, C.: “Les Hérétiques du Midi au XIII Siècle.”</p> - -<p>Emeric, David: “Histoire de la Peinture.” Paris, 1842.</p> - -<p>Eymericus, Nicolaus: “Directorium Inquisitorum.” Romæ, 1578-79.</p> - -<p>Fita, Fidel: in “Boletin de la Real Academia de la Historia,” vols, v., vi., ix., xv., xvi., xvii., and xviii.</p> - -<p>Frazer, Jas. Geo.: “The Golden Bough.” London, 1900.</p> - -<p>Guidonis, Bernardus: “Practica Inquisitionis.” Paris, 1886.</p> - -<p>Lecky, W. E. H.: “Rationalism in Europe.” London, 1865.</p> - -<p>Limborch, Phillippi a: “Historia Inquisitionis.” Amstelodami, 1692.</p> - -<p>Llorente, Juan Antonio: “Anales de la Inquisicion de España.” Madrid, 1812.</p> - -<p>Llorente, Juan Antonio: “Historia Critica de la Inquisicion de España.” Madrid, 1822.</p> - -<p>Llorente, Juan Antonio: “Memoria Historica.” Madrid, 1812.</p> - -<p>Loeb, Isidore: in “Revue des Etudes Juives,” vols. xv., xviii., xix., and xx. -<span class="pagenum" id="Page_396">396</span></p> - -<p>Mariana, Juan de: “Historia General de España.” Madrid, 1849-51.</p> - -<p>Marin, Julio Melgares: “Procedimientos de la Inquisicion.” Madrid, 1886.</p> - -<p>Marineo, L.: “Cronica d’Aragon.” Valencia, 1524.</p> - -<p>Mendoza, Salazar de: “Cronica de el Gran Cardinal.” Toledo, 1625.</p> - -<p>Mendoza, Salazar de: “Monarquia de España.” Madrid, 1770.</p> - -<p>Moreno, Martin Martinez: “Historia del Martirio del Santo Niño de La Guardia.” Madrid, 1786.</p> - -<p>Paramo, Ludovicus a: “De Origine et Progressu Sanctæ Inquisitionis.” Madrid, 1598.</p> - -<p>Pulgar, Hernando del: “Chronica de los Reyes Catholicos.” Valencia, 1780.</p> - -<p>Pulgar, Hernando del: “Claros Varones de Castilla.” Madrid, 1789.</p> - -<p>Rios, José Amador de los: “Estudios sobre los Judios de España.” Madrid, 1848.</p> - -<p>Rios, José Amador de los: “Historia de los Judios de España y Portugal.” Madrid, 1875.</p> - -<p>Rodrigo, Francisco Xavier Garcia: “Historia Verdadera de la Inquisicion.” Madrid, 1877.</p> - -<p>Rule, W. H.: “History of the Inquisition.” London, 1874.</p> - -<p>St. Hilaire, Rosseeuw: “Histoire d’Espagne.” Paris, 1845.</p> - -<p>Torrejoncillo, Francisco de: “Centinela contra Judios.” Pamplona, 1720.</p> - -<p>Trasmiera, Diego Garcia de: “Epitome de la Vida de Pedro de Arbués.” Madrid, 1664.</p> - -<p>Zuñiga, Diego Ortiz de: “Anales de Sevilla.” Madrid, 1677.</p> - -<p>Zurita, Geronimo: “Anales de la Corona de Aragon.” Madrid, 1852.</p></blockquote> - -<p><span class="pagenum" id="Page_397">397</span></p> - -<h2 id="INDEX">INDEX</h2> - -<ul class="index"><li class="ifrst"><span class="smcap">Abadia, Juan de</span>—conspires against Inquisition, <a href="#Page_218">218</a>;</li> -<li class="isub1">arrested, <a href="#Page_221">221</a>;</li> -<li class="isub1">commits suicide, <a href="#Page_222">222</a></li> - -<li class="indx"><span class="smcap">Abarbanel, Isaac</span>—<a href="#Page_365">365</a>;</li> -<li class="isub1">on sufferings of the Jews, <a href="#Page_372">372</a></li> - -<li class="indx"><span class="smcap">Abdurrahman the Omayyad</span>—founds Amirate of Cordova, <a href="#Page_51">51</a></li> - -<li class="indx"><span class="smcap">Abenamias, Mosé</span>—in affair of La Gardia, <a href="#Page_289">289</a>;</li> -<li class="isub1">consecrated wafer sent to, <a href="#Page_312">312</a>, <a href="#Page_325">325</a>, <a href="#Page_338">338</a>;</li> -<li class="isub1">letter to, <a href="#Page_340">340</a></li> - -<li class="indx"><span class="smcap">Abgarus of Edessa</span>—recipient of portrait of Christ, <a href="#Page_21">21</a></li> - -<li class="indx"><span class="smcap">Abjuration</span>—<a href="#Page_146">146</a></li> - -<li class="indx"><span class="smcap">Abolafio, Juan Fernandez</span>—conspires, <a href="#Page_115">115</a>;</li> -<li class="isub1">burnt, <a href="#Page_116">116</a></li> - -<li class="indx"><span class="smcap">Adrian</span>—approves Christianity, <a href="#Page_20">20</a></li> - -<li class="indx"><span class="smcap">Agustin, Antonio</span>—denounces J. P. Sanchez, <a href="#Page_226">226</a></li> - -<li class="indx"><span class="smcap">Agustin, Pedro</span>—procures release of Sanchez, <a href="#Page_226">226</a>;</li> -<li class="isub1">arrested, <a href="#Page_227">227</a></li> - -<li class="indx"><span class="smcap">Alarcon, Dr. Alonso de</span>—sent to Zaragoza, <a href="#Page_221">221</a></li> - -<li class="indx"><span class="smcap">Albigenses</span>—<a href="#Page_32">32</a></li> - -<li class="indx"><span class="smcap">Alcantara, Knights of</span>—<a href="#Page_59">59</a></li> - -<li class="indx"><span class="smcap">Alexander Severus</span>—<a href="#Page_20">20</a></li> - -<li class="indx"><span class="smcap">Alexander VI, Pope</span>—confirms Torquemada in office, <a href="#Page_377">377</a>;</li> -<li class="isub1">curtails power of Torquemada, <a href="#Page_383">383</a>;</li> -<li class="isub1">bull of, <a href="#Page_385">385</a>;</li> -<li class="isub1">fugitives to Rome under, <a href="#Page_391">391</a></li> - -<li class="indx"><span class="smcap">Alfaro, Juan de</span>—constable of Holy Office, <a href="#Page_240">240</a></li> - -<li class="indx"><span class="smcap">Alfonso I</span>—founds Kingdom of Galicia, <a href="#Page_51">51</a></li> - -<li class="indx"><span class="smcap">Alfonso V of Portugal</span>—invades Spain, <a href="#Page_54">54</a></li> - -<li class="indx"><span class="smcap">Alfonso VIII</span>—Jews under, <a href="#Page_76">76</a></li> - -<li class="indx"><span class="smcap">Alfonso XI</span>—promulgates “Partidas,” <a href="#Page_78">78</a></li> - -<li class="indx"><span class="smcap">Alfonso of Aragon</span>—in Zaragoza riots, <a href="#Page_220">220</a>;</li> -<li class="isub1">at penance of Infante of Navarre, <a href="#Page_224">224</a></li> - -<li class="indx"><span class="smcap">Almoravides</span>—empire of, <a href="#Page_52">52</a></li> - -<li class="indx"><span class="smcap">Antoninus Pius</span>—tolerates Christians, <a href="#Page_20">20</a></li> - -<li class="indx"><span class="smcap">Aranda, Pedro de</span>—Bishop of Calahorra, <a href="#Page_379">379</a>;</li> -<li class="isub1">prosecuted by Torquemada, <a href="#Page_380">380</a>;</li> -<li class="isub1">convicted at Rome, <a href="#Page_381">381</a></li> - -<li class="indx"><span class="smcap">Arbués de Epila, Fr. Pedro</span>—<a href="#Page_213">213</a>;</li> -<li class="isub1">appointed inquisitor in Zaragoza, <a href="#Page_216">216</a>;</li> -<li class="isub1">murdered, <a href="#Page_219">219</a> et seq.;</li> -<li class="isub1">avenged by Inquisition <a href="#Page_223">223</a>;</li> -<li class="isub1">miracles and sanctity of, <a href="#Page_229">229</a>;</li> -<li class="isub1">canonized, <a href="#Page_230">230</a></li> - -<li class="indx"><span class="smcap">Arcos, Count of</span>—New-Christians shelter in dominions of, <a href="#Page_112">112</a></li> - -<li class="indx"><span class="smcap">Arias Davila, Juan</span> (Bishop of Segovia)—inquires into case of ritual murder, <a href="#Page_79">79</a>;</li> -<li class="isub1">prosecuted by Torquemada, <a href="#Page_379">379</a>;</li> -<li class="isub1">protected by Pope, <a href="#Page_380">380</a></li> - -<li class="indx"><span class="smcap">Arius</span>—heresy of, <a href="#Page_23">23</a></li> - -<li class="indx"><span class="smcap">Augustine, St.</span>—Manichæan, <a href="#Page_24">24</a>;</li> -<li class="isub1">denounces religious liberty, <a href="#Page_25">25</a> et seq.</li> - -<li class="indx"><span class="smcap">Aurelian</span>, <a href="#Page_21">21</a></li> - -<li class="indx"><span class="smcap">Autos de Fé</span>—the first in Seville, <a href="#Page_116">116</a> et seq.;</li> -<li class="isub1">the second, <i>ib.</i>, <a href="#Page_126">126</a>;</li> -<li class="isub1">Voltaire on, <a href="#Page_201">201</a>;</li> -<li class="isub1">where to be held, <a href="#Page_205">205</a>;</li> -<li class="isub1">in Toledo, <a href="#Page_244">244</a>;</li> -<li class="isub1">described, <a href="#Page_247">247</a> et seq.;</li> -<li class="isub1">ceremonial with clerics, <a href="#Page_252">252</a>;</li> -<li class="isub1">ceremonial with deceased, <a href="#Page_254">254</a>;</li> -<li class="isub1">in Rome, <a href="#Page_391">391</a></li> - -<li class="indx"><span class="smcap">Avila</span>—Monastery of St. Thomas built by Torquemada, <a href="#Page_262">262</a>;</li> -<li class="isub1">Auto de Fé in, <a href="#Page_343">343</a>;</li> -<li class="isub1">feeling against Jews, <a href="#Page_344">344</a></li> - -<li class="indx"><span class="smcap">Avila, Antonio de</span>—attends Yucé Franco, <a href="#Page_286">286</a></li> - -<li class="ifrst"><span class="smcap">Bajazet, Sultan</span>—on banishment of Jews from Spain, <a href="#Page_375">375</a></li> - -<li class="indx"><span class="smcap">Barcelona</span>—resists Torquemada’s authority, <a href="#Page_231">231</a> -<span class="pagenum" id="Page_398">398</span></li> - -<li class="indx"><span class="smcap">Barco, Lopez de</span>—<a href="#Page_109">109</a></li> - -<li class="indx"><span class="smcap">Barroso, Pedro</span> (Archbishop of Seville)—suspends Martinez, <a href="#Page_83">83</a></li> - -<li class="indx"><span class="smcap">Beltraneja, La</span>—bastard daughter of Juana of Portugal, <a href="#Page_54">54</a></li> - -<li class="indx"><span class="smcap">Berber Tarik</span>—invades Peninsula, <a href="#Page_51">51</a></li> - -<li class="indx"><span class="smcap">Bernaldez, Andrés</span>—on Isabella’s moral reforms, <a href="#Page_65">65</a>;</li> -<li class="isub1">on introduction of Inquisition, <a href="#Page_70">70</a>;</li> -<li class="isub1">on Jews, <a href="#Page_95">95</a>;</li> -<li class="isub1">on Susan, <a href="#Page_116">116</a>;</li> -<li class="isub1">on <i>Quemadero</i>, <a href="#Page_128">128</a>;</li> -<li class="isub1">on banishment of Jews, <a href="#Page_368">368</a>, <a href="#Page_370">370</a>;</li> -<li class="isub1">baptizes Jews, <a href="#Page_374">374</a></li> - -<li class="indx"><span class="smcap">Bernardone, Francesco</span>—goes to Rome, <a href="#Page_39">39</a></li> - -<li class="indx"><span class="smcap">Bobadilla, Beatriz de</span>—<a href="#Page_61">61</a>;</li> -<li class="isub1">escapes from Segovia, <a href="#Page_62">62</a></li> - -<li class="indx"><span class="smcap">Bobadilla, Pedro de</span>—seized by Maldonado, <a href="#Page_61">61</a></li> - -<li class="indx"><span class="smcap">Borgia, Rodrigo</span>—Cardinal of Valencia, <a href="#Page_133">133</a>;</li> -<li class="isub1">becomes Pope, <a href="#Page_377">377</a> (see Alexander VI.)</li> - -<li class="indx"><span class="smcap">Borgia of Monreale</span>—Cardinal, <a href="#Page_380">380</a></li> - -<li class="ifrst"><span class="smcap">Caballeria, Alonso de</span>—in council of Tarragona, <a href="#Page_216">216</a>;</li> -<li class="isub1">prosecuted by Inquisition, <a href="#Page_224">224</a>;</li> -<li class="isub1">appeals to the Pope, <a href="#Page_225">225</a></li> - -<li class="indx"><span class="smcap">Cabrera, Andrés de</span>—Seneschal of Segovia, <a href="#Page_60">60</a>;</li> -<li class="isub1">conspired against, <a href="#Page_61">61</a>;</li> -<li class="isub1">rescued by Isabella, <a href="#Page_63">63</a></li> - -<li class="indx"><span class="smcap">Calatrava, Knights of</span>—<a href="#Page_59">59</a></li> - -<li class="indx"><span class="smcap">Caletrido, Juan</span>—spies upon Jews, <a href="#Page_266">266</a></li> - -<li class="indx"><span class="smcap">Canonical Purgation</span>—<a href="#Page_160">160</a></li> - -<li class="indx"><span class="smcap">Carillo, Alonso</span>—councillor of Suprema, <a href="#Page_137">137</a>;</li> -<li class="isub1">in council of Tarragona, <a href="#Page_216">216</a></li> - -<li class="indx"><span class="smcap">Casar de Palomero</span>—outrage upon crucifix at, <a href="#Page_266">266</a></li> - -<li class="indx"><span class="smcap">Cathars</span>—<a href="#Page_32">32</a></li> - -<li class="indx"><span class="smcap">Cebrian, Fr. Alonso de</span>—appointed inquisitor by Pope, <a href="#Page_131">131</a>;</li> -<li class="isub1">“<i>Centinela contra Judios</i>”—<a href="#Page_360">360</a></li> - -<li class="indx"><span class="smcap">Chamarro, Prince</span>—alleged letter of, <a href="#Page_361">361</a></li> - -<li class="indx"><span class="smcap">Claudius</span>—expels Nazarenes from Rome, <a href="#Page_19">19</a></li> - -<li class="indx"><span class="smcap">Clement VI, Pope</span>—excommunicates persecutors of Jews, <a href="#Page_81">81</a></li> - -<li class="indx"><span class="smcap">Columbus, Christopher</span>—discovers New World, <a href="#Page_52">52</a></li> - -<li class="indx"><span class="smcap">Colvera, Fr. Juan</span>—sent to Zaragoza, <a href="#Page_221">221</a></li> - -<li class="indx"><span class="smcap">Constantine</span>—supported by Christians, <a href="#Page_21">21</a>;</li> -<li class="isub1">embraces Christian Faith, <a href="#Page_22">22</a></li> - -<li class="indx"><span class="smcap">Cordova</span>—tribunal established by Torquemada, <a href="#Page_136">136</a></li> - -<li class="indx"><i>Coroza</i>—for convicts of heresy, <a href="#Page_209">209</a></li> - -<li class="indx"><span class="smcap"><i>Cortes</i></span>—consider Jewish question, <a href="#Page_208">208</a>;</li> -<li class="isub1">held at Tarragona, <a href="#Page_215">215</a></li> - -<li class="ifrst"><span class="smcap">Deceased</span>—proceedings against, <a href="#Page_161">161</a></li> - -<li class="indx"><span class="smcap">Decius</span>—<a href="#Page_21">21</a></li> - -<li class="indx"><span class="smcap">Diego of Aragon</span>—defeats Saracens, <a href="#Page_52">52</a></li> - -<li class="indx"><span class="smcap">Diocletian</span>—<a href="#Page_21">21</a></li> - -<li class="indx"><span class="smcap">Dominic, St.</span>—see <span class="smcap">Guzman</span></li> - -<li class="indx"><span class="smcap">Domitian</span>—persecutes Christians, <a href="#Page_19">19</a></li> - -<li class="ifrst"><span class="smcap">Ecija, Canon of</span>—see <span class="smcap">Martinez, Hernando</span></li> - -<li class="indx"><span class="smcap">Effigies burnt</span>—<a href="#Page_248">248</a></li> - -<li class="indx"><span class="smcap">Eli, Leonardo</span>—arrested, <a href="#Page_217">217</a></li> - -<li class="indx"><span class="smcap">Enriquez, Fr. Alonso</span>—sent to Yucé Franco, <a href="#Page_286">286</a></li> - -<li class="indx"><span class="smcap">Enriquez, Fadrique</span>—his quarrel with Guzman, <a href="#Page_57">57</a>;</li> -<li class="isub1">disobeys Isabella, <a href="#Page_58">58</a>;</li> -<li class="isub1">banished, <a href="#Page_59">59</a></li> - -<li class="indx"><span class="smcap">Esperandeu, Juan de</span>—conspires against Inquisition, <a href="#Page_218">218</a>;</li> -<li class="isub1">murders Arbués, <a href="#Page_219">219</a>;</li> -<li class="isub1">arrest and execution of, <a href="#Page_221">221</a>, <a href="#Page_222">222</a></li> - -<li class="indx"><span class="smcap">Eymeric, Nicolaus</span>—“Directorium” of, <a href="#Page_139">139</a>;</li> -<li class="isub1">quoted, <a href="#Page_144">144</a> et seq.;</li> -<li class="isub1">on abjuration, <a href="#Page_148">148</a>;</li> -<li class="isub1">on canonical purgation, <a href="#Page_160">160</a>;</li> -<li class="isub1">on children of heretics, <a href="#Page_164">164</a>;</li> -<li class="isub1">enjoins guile, <a href="#Page_174">174</a>;</li> -<li class="isub1">on torture, <a href="#Page_184">184</a>;</li> -<li class="isub1">on <i>relapsos</i>, <a href="#Page_200">200</a></li> - -<li class="ifrst"><span class="smcap">Familiars of the Holy Office</span>—<a href="#Page_227">227</a></li> - -<li class="indx"><span class="smcap">Ferdinand of Aragon</span>—marries Isabella, <a href="#Page_52">52</a>;</li> -<li class="isub1">elected Grand-Master of Santiago, <a href="#Page_60">60</a>;</li> -<li class="isub1">favours Inquisition, <a href="#Page_98">98</a>, <a href="#Page_109">109</a>;</li> -<li class="isub1">attitude examined, <a href="#Page_110">110</a>;</li> -<li class="isub1">protests to Pope, <a href="#Page_132">132</a>;</li> -<li class="isub1">holds <i>Cortes</i> at Tarragona, <a href="#Page_215">215</a>;</li> -<li class="isub1">reluctant to expel Jews, <a href="#Page_268">268</a>;</li> -<li class="isub1">in conquest of Granada, <a href="#Page_356">356</a>;</li> -<li class="isub1">unable to resist Torquemada, <a href="#Page_364">364</a>;</li> -<li class="isub1">rebuked by Torquemada, <a href="#Page_367">367</a>;</li> -<li class="isub1">appeals against inquisitorial despotism, <a href="#Page_385">385</a></li> - -<li class="indx"><span class="smcap">Fita, Fidel</span>—publishes <i>dossier</i> of Yucé Franco’s trial, <a href="#Page_269">269</a></li> - -<li class="indx"><span class="smcap">Francis of Assisi, St.</span>—see <span class="smcap">Bernardone</span></li> - -<li class="indx"><span class="smcap">Franco, Alonso</span>—arrested, <a href="#Page_289">289</a>, <a href="#Page_307">307</a>;</li> -<li class="isub1">incriminated by Yucé Franco, <a href="#Page_315">315</a>;</li> -<li class="isub1">obtained consecrated wafer, <a href="#Page_340">340</a>; -<span class="pagenum" id="Page_399">399</span></li> -<li class="isub1">confirms confessions made, <a href="#Page_341">341</a>;</li> -<li class="isub1">burnt, <a href="#Page_344">344</a></li> - -<li class="indx"><span class="smcap">Franco, Ça</span>—arrested, <a href="#Page_285">285</a>;</li> -<li class="isub1">examined, <a href="#Page_313">313</a>;</li> -<li class="isub1">admissions of, <a href="#Page_314">314</a>;</li> -<li class="isub1">confrontation of, <a href="#Page_328">328</a>;</li> -<li class="isub1">further incriminated by Ocaña, <a href="#Page_329">329</a>;</li> -<li class="isub1">tortured, <a href="#Page_340">340</a>;</li> -<li class="isub1">burnt, <a href="#Page_344">344</a></li> - -<li class="indx"><span class="smcap">Franco, Garcia</span>—arrested, <a href="#Page_289">289</a>, <a href="#Page_307">307</a>;</li> -<li class="isub1">incriminated by Yucé Franco, <a href="#Page_315">315</a>;</li> -<li class="isub1">communicates with Yucé Franco, <a href="#Page_323">323</a>;</li> -<li class="isub1">burnt, <a href="#Page_344">344</a></li> - -<li class="indx"><span class="smcap">Franco, Juan</span>—in Legend of <i>Santo Niño</i>, <a href="#Page_272">272</a>;</li> -<li class="isub1">arrested, <a href="#Page_289">289</a>, <a href="#Page_307">307</a>;</li> -<li class="isub1">incriminated by Yucé Franco, <a href="#Page_315">315</a>;</li> -<li class="isub1">tortured, <a href="#Page_324">324</a>;</li> -<li class="isub1">confrontation of, <a href="#Page_328">328</a>;</li> -<li class="isub1">further admissions of, <a href="#Page_328">328</a>;</li> -<li class="isub1">bound on rack, <a href="#Page_341">341</a>;</li> -<li class="isub1">admits that he procured boy in Toledo, <a href="#Page_342">342</a>;</li> -<li class="isub1">burnt, <a href="#Page_344">344</a></li> - -<li class="indx"><span class="smcap">Franco, Lope</span>—arrested, <a href="#Page_289">289</a>;</li> -<li class="isub1">burnt, <a href="#Page_344">344</a></li> - -<li class="indx"><span class="smcap">Franco, Mosé</span>—<a href="#Page_284">284</a>;</li> -<li class="isub1">deceased, <a href="#Page_286">286</a>, <a href="#Page_307">307</a>, <a href="#Page_325">325</a></li> - -<li class="indx"><span class="smcap">Franco, Nicolao</span>—Legate <i>a latere</i>, <a href="#Page_98">98</a></li> - -<li class="indx"><span class="smcap">Franco, Yucé</span>—arrested, <a href="#Page_285">285</a>;</li> -<li class="isub1">ill in prison, <a href="#Page_286">286</a>;</li> -<li class="isub1">lured to betray himself, <a href="#Page_287">287</a>;</li> -<li class="isub1">examined at Segovia, <a href="#Page_292">292</a>;</li> -<li class="isub1">at Avila, <a href="#Page_293">293</a>;</li> -<li class="isub1">indictment of, <a href="#Page_294">294</a>;</li> -<li class="isub1">denies accusations, <a href="#Page_296">296</a>;</li> -<li class="isub1">defended, <a href="#Page_297">297</a>;</li> -<li class="isub1">unable to prove innocence, <a href="#Page_302">302</a>;</li> -<li class="isub1">placed in communication with Benito Garcia, <a href="#Page_303">303</a>;</li> -<li class="isub1">learns of his father’s arrest, <a href="#Page_304">304</a>;</li> -<li class="isub1">examined in prison, <a href="#Page_306">306</a>;</li> -<li class="isub1">confessions of, <a href="#Page_308">308</a>;</li> -<li class="isub1">promised pardon, <a href="#Page_310">310</a>;</li> -<li class="isub1">admits attending enchantment, <a href="#Page_311">311</a>;</li> -<li class="isub1">further examined, <a href="#Page_312">312</a>;</li> -<li class="isub1">admits witnessing crucifixion, <a href="#Page_314">314</a>;</li> -<li class="isub1">further admissions of, <a href="#Page_318">318</a>;</li> -<li class="isub1">explains statement made in Segovia, <a href="#Page_322">322</a>;</li> -<li class="isub1">confrontation of, <a href="#Page_327">327</a>;</li> -<li class="isub1">further incriminated by Ocaña, <a href="#Page_329">329</a>, <a href="#Page_330">330</a>;</li> -<li class="isub1">incriminated by Benito Garcia, <a href="#Page_330">330</a>;</li> -<li class="isub1">denies taking part in crucifixion, <a href="#Page_332">332</a>;</li> -<li class="isub1">repudiates charges, <a href="#Page_333">333</a>;</li> -<li class="isub1">questions asked him, <a href="#Page_333">333</a>;</li> -<li class="isub1">impugns witnesses, <a href="#Page_334">334</a>;</li> -<li class="isub1">confessions upon the rack, <a href="#Page_336">336</a>;</li> -<li class="isub1">ratifies, <a href="#Page_340">340</a>;</li> -<li class="isub1">abandoned by his advocate, <a href="#Page_341">341</a>;</li> -<li class="isub1">burnt, <a href="#Page_344">344</a></li> - -<li class="indx"><span class="smcap">Frazer, Dr. J. G.</span>—on ritual murder, <a href="#Page_79">79</a></li> - -<li class="indx"><span class="smcap">Frederic II, Emperor</span>—and the friars preachers, <a href="#Page_43">43</a>;</li> -<li class="isub1">excommunicated, <a href="#Page_44">44</a></li> - -<li class="ifrst"><span class="smcap">Garcia, Benito</span>—in Legend of <i>Santo Niño</i>, <a href="#Page_271">271</a> et seq.;</li> -<li class="isub1">arrest of, <a href="#Page_282">282</a>;</li> -<li class="isub1">tortured, <a href="#Page_283">283</a>;</li> -<li class="isub1">confesses to Judaizing, <a href="#Page_284">284</a>;</li> -<li class="isub1">placed in communication with Yucé Franco, <a href="#Page_303">303</a>;</li> -<li class="isub1">inveighs against Inquisitors, <a href="#Page_304">304</a>;</li> -<li class="isub1">incriminated by Yucé Franco, <a href="#Page_318">318</a>;</li> -<li class="isub1">tortured, <a href="#Page_322">322</a>;</li> -<li class="isub1">confrontation of, <a href="#Page_327">327</a>;</li> -<li class="isub1">incriminates Yucé Franco, <a href="#Page_330">330</a>;</li> -<li class="isub1">further admissions of, <a href="#Page_341">341</a>;</li> -<li class="isub1">burnt, <a href="#Page_344">344</a></li> - -<li class="indx"><span class="smcap">Granada</span>—funds for war against, <a href="#Page_150">150</a>;</li> -<li class="isub1">conquered, <a href="#Page_356">356</a>;</li> -<li class="isub1">Holy Office established in, <a href="#Page_376">376</a></li> - -<li class="indx"><span class="smcap">Gregory IX, Pope</span>—gives stable form to Inquisition, <a href="#Page_44">44</a> et seq.</li> - -<li class="indx"><span class="smcap">Gribourg, Abbé</span>—<a href="#Page_353">353</a></li> - -<li class="indx"><span class="smcap">Guevára, Alonso de</span>—accuses Yucé Franco, <a href="#Page_294">294</a>;</li> -<li class="isub1">furnished with evidence, <a href="#Page_331">331</a>;</li> -<li class="isub1">submits proofs, <a href="#Page_332">332</a>;</li> -<li class="isub1">petitions torture of Yucé Franco, <a href="#Page_334">334</a>;</li> -<li class="isub1">petitions sentence, <a href="#Page_342">342</a>;</li> -<li class="isub1">at Auto de Fé, <a href="#Page_343">343</a></li> - -<li class="indx"><span class="smcap">Gui, Fr. Bernard</span>—his manual, <a href="#Page_139">139</a></li> - -<li class="indx"><span class="smcap">Guzman, Domingo de</span> (St. Dominic), goes to Rome, <a href="#Page_38">38</a>;</li> -<li class="isub1">and the Albigensian heretics, <a href="#Page_39">39</a>;</li> -<li class="isub1">founds order of preachers, <a href="#Page_40">40</a> et seq.;</li> -<li class="isub1">first ordained inquisitor, <a href="#Page_42">42</a>;</li> -<li class="isub1">penitential garb prescribed by, <a href="#Page_206">206</a></li> - -<li class="indx"><span class="smcap">Guzman, Ramiro de</span>—his quarrel with Enriquez, <a href="#Page_57">57</a>;</li> -<li class="isub1">offends Isabella, <a href="#Page_59">59</a></li> - -<li class="ifrst"><span class="smcap">Henry II</span>—sells Jews into slavery, <a href="#Page_82">82</a></li> - -<li class="indx"><span class="smcap">Henry IV</span>—his character, <a href="#Page_53">53</a></li> - -<li class="indx"><span class="smcap">Holy Office</span>—see <span class="smcap">Inquisition</span>.</li> - -<li class="indx"><span class="smcap">Honorius III, Pope</span>—creates the brotherhoods of St. Dominic and St. Francis, <a href="#Page_41">41</a>;</li> -<li class="isub1">protects Jews, <a href="#Page_75">75</a></li> - -<li class="indx"><span class="smcap">Hussée, Prince</span>—alleged letter of, <a href="#Page_362">362</a></li> - -<li class="ifrst"><span class="smcap">Innocent III, Pope</span>—and the Albigensian heretics, <a href="#Page_32">32</a>;</li> -<li class="isub1">founds Inquisition, <a href="#Page_33">33</a> et seq.;</li> -<li class="isub1">papal luxury in his day, <a href="#Page_37">37</a></li> - -<li class="indx"><span class="smcap">Innocent VIII, Pope</span>—inhibits proceedings against Caballeria, <a href="#Page_225">225</a>;</li> -<li class="isub1">confirms Torquemada in his office, <a href="#Page_232">232</a>;</li> -<li class="isub1">cancels briefs of absolution, <a href="#Page_258">258</a>;</li> -<li class="isub1">issues bulls of absolution, <a href="#Page_259">259</a>;</li> -<li class="isub1">simony of, <a href="#Page_259">259</a>;</li> -<li class="isub1">bull of concerning Pico della Mirandola, <a href="#Page_264">264</a> -<span class="pagenum" id="Page_400">400</span></li> - -<li class="indx"><span class="smcap">Inquisition</span>—founded, <a href="#Page_33">33</a>;</li> -<li class="isub1">not concerned with Jews, <a href="#Page_89">89</a> et seq.;</li> -<li class="isub1">proposed to Isabella, <a href="#Page_92">92</a>;</li> -<li class="isub1">established in Spain, <a href="#Page_106">106</a>;</li> -<li class="isub1">inaugurated in Seville, <a href="#Page_112">112</a>;</li> -<li class="isub1">espionage by, <a href="#Page_126">126</a>;</li> -<li class="isub1">confiscations by, <a href="#Page_141">141</a>;</li> -<li class="isub1">unstable form of, <a href="#Page_135">135</a>;</li> -<li class="isub1">cupidity of, <a href="#Page_161">161</a>;</li> -<li class="isub1">methods of procedure, <a href="#Page_173">173</a> et seq.;</li> -<li class="isub1">tortures employed by, <a href="#Page_184">184</a> et seq.;</li> -<li class="isub1">employs secular arm, <a href="#Page_194">194</a> et seq.;</li> -<li class="isub1">not favoured in Castile, <a href="#Page_213">213</a>;</li> -<li class="isub1">power of, <a href="#Page_214">214</a>;</li> -<li class="isub1">system of police, <a href="#Page_227">227</a>;</li> -<li class="isub1">religious and political institution, <a href="#Page_232">232</a>;</li> -<li class="isub1">expenses of, <a href="#Page_237">237</a>;</li> -<li class="isub1">activity of, <i>ib.</i>;</li> -<li class="isub1">set up in Toledo, <a href="#Page_239">239</a>;</li> -<li class="isub1">banner of, <a href="#Page_249">249</a></li> - -<li class="indx"><span class="smcap">Isabella the Catholic</span>—<a href="#Page_51">51</a>;</li> -<li class="isub1">marries Ferdinand of Aragon, <a href="#Page_52">52</a>;</li> -<li class="isub1">in war with Portugal, <a href="#Page_54">54</a>;</li> -<li class="isub1">Pulgar’s portrait of, <a href="#Page_54">54</a>;</li> -<li class="isub1">founds <i>Hermandad</i>, <a href="#Page_56">56</a>;</li> -<li class="isub1">attitude towards the nobles, <a href="#Page_57">57</a> et seq.;</li> -<li class="isub1">banishes Enriquez, <a href="#Page_59">59</a>;</li> -<li class="isub1">contrives Ferdinand’s election to Grand-Mastership of Santiago, <a href="#Page_60">60</a>;</li> -<li class="isub1">quells riot in Segovia, <a href="#Page_62">62</a>;</li> -<li class="isub1">restores order in Seville, <a href="#Page_63">63</a>;</li> -<li class="isub1">revokes grants, <a href="#Page_64">64</a>;</li> -<li class="isub1">controls mints, <i>ib.</i>;</li> -<li class="isub1">purifies court and convents, <a href="#Page_65">65</a>;</li> -<li class="isub1">goes barefoot to thanksgiving-service, <a href="#Page_66">66</a>;</li> -<li class="isub1">suppresses clerical usurpations, <i>ib.</i>;</li> -<li class="isub1">urged to deal with Judaizers, <a href="#Page_88">88</a>;</li> -<li class="isub1">Inquisition proposed to her, <a href="#Page_92">92</a>;</li> -<li class="isub1">rejects proposal, <a href="#Page_97">97</a>;</li> -<li class="isub1">seeks conversion of Jews, <a href="#Page_99">99</a>;</li> -<li class="isub1">influenced by Torquemada, <a href="#Page_106">106</a>;</li> -<li class="isub1">last efforts of to avoid Inquisition, <a href="#Page_107">107</a>;</li> -<li class="isub1">her antipathy to the Inquisition, <a href="#Page_108">108</a>;</li> -<li class="isub1">her patience exhausted, <a href="#Page_109">109</a>;</li> -<li class="isub1">attitude towards Inquisition, <a href="#Page_110">110</a>;</li> -<li class="isub1">petitions Pope to establish court of appeal in Spain, <a href="#Page_133">133</a>;</li> -<li class="isub1">petitions Pope to give the Inquisition a settled form, <a href="#Page_135">135</a>;</li> -<li class="isub1">in conquest of Granada, <a href="#Page_356">356</a>;</li> -<li class="isub1">unable to resist Torquemada, <a href="#Page_364">364</a>;</li> -<li class="isub1">rebuked by Torquemada, <a href="#Page_366">366</a></li> - -<li class="indx"><span class="smcap">Isabella, The Infanta</span>—at Segovia, <a href="#Page_60">60</a></li> - -<li class="ifrst"><span class="smcap">Jaen</span>—tribunal established at by Torquemada, <a href="#Page_136">136</a></li> - -<li class="indx"><span class="smcap">Jaime de Navarre</span>—penanced by Inquisition, <a href="#Page_224">224</a></li> - -<li class="indx"><span class="smcap">James the Apostle, St.</span>—shrine at Compostella, <a href="#Page_59">59</a>;</li> -<li class="isub1">his mission to Iberia, <a href="#Page_73">73</a></li> - -<li class="indx"><span class="smcap">Jesus Christ</span>—iconography of, <a href="#Page_20">20</a>;</li> -<li class="isub1">cited as authority for the burning of heretics, <a href="#Page_206">206</a></li> - -<li class="indx"><span class="smcap">Jews in Spain</span>—71 et seq.;</li> -<li class="isub1">attitude of Christians towards, <a href="#Page_73">73</a>;</li> -<li class="isub1">their attitude towards Christians, <a href="#Page_74">74</a>;</li> -<li class="isub1">their numbers in thirteenth century, <a href="#Page_75">75</a>;</li> -<li class="isub1">control finances, <a href="#Page_76">76</a>;</li> -<li class="isub1">their wealth and arrogance, <a href="#Page_77">77</a>;</li> -<li class="isub1">accusations against, <a href="#Page_78">78</a>;</li> -<li class="isub1">charged with ritual murder, <a href="#Page_79">79</a>;</li> -<li class="isub1">massacred, <a href="#Page_81">81</a>;</li> -<li class="isub1">sold into slavery <a href="#Page_82">82</a>;</li> -<li class="isub1">synagogues demolished, <a href="#Page_83">83</a>;</li> -<li class="isub1">massacred throughout Spain, <a href="#Page_84">84</a>;</li> -<li class="isub1">driven to accept baptism, <a href="#Page_85">85</a>;</li> -<li class="isub1">their privileges forfeited <a href="#Page_86">86</a>;</li> -<li class="isub1">laws against them relaxed, <a href="#Page_87">87</a>;</li> -<li class="isub1">tolerated in Rome, <a href="#Page_91">91</a>;</li> -<li class="isub1">old repressive laws revived, <a href="#Page_108">108</a>;</li> -<li class="isub1">when subject to inquisitorial jurisdiction, <a href="#Page_141">141</a>;</li> -<li class="isub1">shatter a crucifix, <a href="#Page_267">267</a>;</li> -<li class="isub1">popular feeling against, <a href="#Page_356">356</a>;</li> -<li class="isub1">finance war of Granada, <a href="#Page_356">356</a>;</li> -<li class="isub1">their expulsion urged by Torquemada, <a href="#Page_357">357</a>;</li> -<li class="isub1">they plead with the Sovereigns, <a href="#Page_358">358</a>;</li> -<li class="isub1">Dominicans preach against them, <a href="#Page_359">359</a>;</li> -<li class="isub1">letter of, <a href="#Page_361">361</a>;</li> -<li class="isub1">calumniated, <a href="#Page_363">363</a>;</li> -<li class="isub1">appeals of, <a href="#Page_365">365</a>;</li> -<li class="isub1">banished, <a href="#Page_367">367</a> et seq.;</li> -<li class="isub1">exploited, <a href="#Page_368">368</a>;</li> -<li class="isub1">attempts to convert them, <a href="#Page_369">369</a>;</li> -<li class="isub1">encouraged by their rabbis, <a href="#Page_370">370</a>;</li> -<li class="isub1">exodus from Spain, <a href="#Page_371">371</a>;</li> -<li class="isub1">their sufferings, <a href="#Page_372">372</a>;</li> -<li class="isub1">apostates, <a href="#Page_373">373</a></li> - -<li class="indx"><span class="smcap">Juan, Prince</span>—illness of, <a href="#Page_359">359</a></li> - -<li class="indx"><span class="smcap">Judaizers</span>—<a href="#Page_93">93</a>;</li> -<li class="isub1">discovered, <a href="#Page_101">101</a>;</li> -<li class="isub1">in Seville, <a href="#Page_109">109</a>, <a href="#Page_111">111</a>;</li> -<li class="isub1">“edict of grace” to, <a href="#Page_120">120</a>;</li> -<li class="isub1">trapped, <a href="#Page_121">121</a>;</li> -<li class="isub1">signs by which known, <a href="#Page_121">121</a> et seq.;</li> -<li class="isub1">seek absolution in Rome, <a href="#Page_132">132</a>;</li> -<li class="isub1">number convicted in Toledo, <a href="#Page_256">256</a>;</li> -<li class="isub1">Auto of in Rome, <a href="#Page_391">391</a></li> - -<li class="ifrst"><span class="smcap">Lachaves, Juan Gutierrez de</span>—appointed assessor, <a href="#Page_136">136</a>;</li> -<li class="isub1">councillor of the Suprema, <a href="#Page_137">137</a></li> - -<li class="indx"><span class="smcap">La Gardia, The Holy Child of</span>—crucified, <a href="#Page_269">269</a>;</li> -<li class="isub1">legend of, <a href="#Page_271">271</a> et seq.;</li> -<li class="isub1">“Testimonio” quoted, <a href="#Page_276">276</a>;</li> -<li class="isub1">paternity of, <a href="#Page_329">329</a>;</li> -<li class="isub1">why crucified, <a href="#Page_337">337</a>;</li> -<li class="isub1">evidence considered, <a href="#Page_346">346</a> et seq.;</li> -<li class="isub1">discrepancies in evidence, <a href="#Page_350">350</a> et seq.;</li> -<li class="isub1">an operation in magic, <a href="#Page_353">353</a>;</li> -<li class="isub1">worship of, <a href="#Page_354">354</a></li> - -<li class="indx"><span class="smcap">La Gardia, Sacristan of</span>—arrested, <a href="#Page_346">346</a></li> - -<li class="indx"><span class="smcap">Lea, H. C.</span>—on “solicitation,” <a href="#Page_172">172</a></li> - -<li class="indx"><span class="smcap">Lecky, W. E. H.</span>—on persecution, <a href="#Page_9">9</a></li> - -<li class="indx"><span class="smcap">Llorente, J. A.</span>—sketch of career, <a href="#Page_6">6</a> et seq.;</li> -<li class="isub1">on ritual murder, <a href="#Page_78">78</a>;</li> -<li class="isub1">on blood-lust of inquisitors, <a href="#Page_117">117</a>; -<span class="pagenum" id="Page_401">401</span></li> -<li class="isub1">on <i>Quemadero</i>, <a href="#Page_127">127</a>;</li> -<li class="isub1">on Torquemada, <a href="#Page_136">136</a>;</li> -<li class="isub1">on “solicitation,” <a href="#Page_171">171</a>;</li> -<li class="isub1">on trials in Zaragoza, <a href="#Page_225">225</a>;</li> -<li class="isub1">on case of Aranda, <a href="#Page_381">381</a>;</li> -<li class="isub1">on false witnesses, <a href="#Page_388">388</a></li> - -<li class="indx"><span class="smcap">Loeb, Isidore</span>—his theory on the affair of La Gardia, <a href="#Page_319">319</a>, <a href="#Page_348">348</a></li> - -<li class="ifrst"><span class="smcap">Maldonado, Alonso</span>—conspires against Cabrera, <a href="#Page_61">61</a></li> - -<li class="indx"><span class="smcap">Manrique, Gomez</span>—arrests Toledo conspirators, <a href="#Page_241">241</a></li> - -<li class="indx"><span class="smcap">Manrique, Iñigo</span>—appointed to assist Torquemada, <a href="#Page_383">383</a></li> - -<li class="indx"><span class="smcap">Marinæus, Lucius</span>—on Isabella’s reforms, <a href="#Page_69">69</a></li> - -<li class="indx"><span class="smcap">Martin, Alonso</span>, reputed father of “<i>Santo Niño</i>,” <a href="#Page_329">329</a></li> - -<li class="indx"><span class="smcap">Martinez, Hernando</span>, Canon of Ecija, denounces Jews, <a href="#Page_82">82</a>;</li> -<li class="isub1">defies authority, <a href="#Page_83">83</a>;</li> -<li class="isub1">causes massacre in Seville, <a href="#Page_84">84</a></li> - -<li class="indx"><span class="smcap">Medina, Juan Ruiz de</span>—<a href="#Page_109">109</a></li> - -<li class="indx"><span class="smcap">Medina Sidonia, Duke of</span>—New-Christians shelter in his dominions, <a href="#Page_112">112</a></li> - -<li class="indx"><span class="smcap">Medina, Tristan de</span>—appointed assessor, <a href="#Page_136">136</a>;</li> -<li class="isub1">councillor of the Suprema, <a href="#Page_137">137</a></li> - -<li class="indx"><span class="smcap">Mendoza, Pedro Gonzalez de</span>—Primate of Spain, <a href="#Page_97">97</a>;</li> -<li class="isub1">entrusted with conversion of Jews, <a href="#Page_99">99</a>;</li> -<li class="isub1">introduction of Inquisition ascribed to, <a href="#Page_100">100</a>;</li> -<li class="isub1">delegated to appoint inquisitors in Castile, <a href="#Page_109">109</a>;</li> -<li class="isub1">instrumental in the proclamation of the “edict of grace,” <a href="#Page_120">120</a></li> - -<li class="indx"><span class="smcap">Mendoza, Salazar de</span>—on foundation of Kingdom of Spain, <a href="#Page_72">72</a>;</li> -<li class="isub1">ascribes introduction of Inquisition to Cardinal Mendoza, <a href="#Page_100">100</a></li> - -<li class="indx"><span class="smcap">Merlo, Diego de</span>—charged with conversion of Jews, <a href="#Page_107">107</a></li> - -<li class="indx"><span class="smcap"><i>Militia Christi</i></span>—<a href="#Page_227">227</a></li> - -<li class="indx"><span class="smcap">Monterubio, Fr. Pedro de</span>—sent to Zaragoza, <a href="#Page_221">221</a></li> - -<li class="indx"><span class="smcap">Montfort, Simon de</span>—<a href="#Page_33">33</a></li> - -<li class="indx"><span class="smcap">Moors</span>—see <span class="smcap">Moslem</span></li> - -<li class="indx"><span class="smcap">Moreno, Martinez</span>—his “<i>Historia del Santo Niño</i>,” <a href="#Page_269">269</a>;</li> -<li class="isub1">on miracles of “<i>Niño</i>,” <a href="#Page_355">355</a></li> - -<li class="indx"><span class="smcap">Morillo, Fr. Miguel</span>—inquisitor in Seville, <a href="#Page_109">109</a>;</li> -<li class="isub1">vindictive procedure of, <a href="#Page_116">116</a>;</li> -<li class="isub1">his hatred of the Jews, <a href="#Page_126">126</a>;</li> -<li class="isub1">Pope protests against his rigour, <a href="#Page_128">128</a>;</li> -<li class="isub1">confirmed in office by Torquemada, <a href="#Page_136">136</a></li> - -<li class="indx"><span class="smcap">Moriscoes</span>—immunity enjoyed by, <a href="#Page_376">376</a></li> - -<li class="indx"><span class="smcap">Moslem</span>—in Peninsula, <a href="#Page_89">89</a>;</li> -<li class="isub1">banished, <a href="#Page_375">375</a>;</li> -<li class="isub1">in Granada, <a href="#Page_376">376</a></li> - -<li class="ifrst"><span class="smcap"><i>Negativos</i></span>—<a href="#Page_194">194</a>;</li> -<li class="isub1">deemed impenitent, <a href="#Page_197">197</a></li> - -<li class="indx"><span class="smcap">Nero</span>—persecutes Christians, <a href="#Page_19">19</a></li> - -<li class="indx"><span class="smcap">New-Christians</span>—<a href="#Page_87">87</a>;</li> -<li class="isub1">objects of malevolence, <a href="#Page_93">93</a>;</li> -<li class="isub1">in offices of eminence, <a href="#Page_94">94</a>;</li> -<li class="isub1">fly from Seville, <a href="#Page_112">112</a>;</li> -<li class="isub1">terrorized, <a href="#Page_114">114</a>;</li> -<li class="isub1">their peril, <a href="#Page_125">125</a>;</li> -<li class="isub1">seek refuge in Rome, <a href="#Page_128">128</a>;</li> -<li class="isub1">complain to Pope, <a href="#Page_129">129</a>;</li> -<li class="isub1">in Aragon, <a href="#Page_215">215</a>;</li> -<li class="isub1">appeal against tribunal of Zaragoza, <a href="#Page_216">216</a>;</li> -<li class="isub1">their despair, <a href="#Page_217">217</a>;</li> -<li class="isub1">their panic in Zaragoza, <a href="#Page_223">223</a>;</li> -<li class="isub1">seek secret absolutions, <a href="#Page_257">257</a>;</li> -<li class="isub1">swindled, <a href="#Page_258">258</a></li> - -<li class="indx"><span class="smcap">Nicæa</span>—Council of, <a href="#Page_23">23</a></li> - -<li class="ifrst"><span class="smcap">Ocaña, Juan de</span>—incriminated by Benito Garcia, <a href="#Page_284">284</a>;</li> -<li class="isub1">arrested, <a href="#Page_286">286</a>;</li> -<li class="isub1">incriminated by Yucé Franco, <a href="#Page_318">318</a>;</li> -<li class="isub1">tortured, <a href="#Page_324">324</a>;</li> -<li class="isub1">confrontation of, <a href="#Page_327">327</a>;</li> -<li class="isub1">further incriminates Yucé and Ça Franco, <a href="#Page_329">329</a>, <a href="#Page_330">330</a>;</li> -<li class="isub1">further admissions of, <a href="#Page_341">341</a>;</li> -<li class="isub1">burnt, <a href="#Page_344">344</a></li> - -<li class="indx"><span class="smcap">Ojeda, Fr. Alonso de</span>—urges establishment of Inquisition, <a href="#Page_93">93</a>;</li> -<li class="isub1">resisted by Isabella, <a href="#Page_97">97</a>;</li> -<li class="isub1">renews efforts, <a href="#Page_98">98</a>;</li> -<li class="isub1">supplied with fresh argument, <a href="#Page_101">101</a>;</li> -<li class="isub1">charged with conversion of Jews, <a href="#Page_107">107</a>;</li> -<li class="isub1">at burning of Susan, <a href="#Page_117">117</a>;</li> -<li class="isub1">dies of plague, <a href="#Page_118">118</a></li> - -<li class="indx"><span class="smcap">Optatus</span>—urges massacre of the Donatists, <a href="#Page_25">25</a></li> - -<li class="indx"><span class="smcap">Orozco, Sebastian de</span>—<a href="#Page_239">239</a>;</li> -<li class="isub1">on plot in Toledo, <a href="#Page_241">241</a>;</li> -<li class="isub1">on first Auto de Fé in Toledo, <a href="#Page_244">244</a></li> - -<li class="indx"><span class="smcap">Ortega, Juan</span>—organizes <i>Hermandad</i>, <a href="#Page_56">56</a></li> - -<li class="ifrst"><span class="smcap">Pantigoso, Juan de</span>—Yucé Franco’s advocate, <a href="#Page_297">297</a></li> - -<li class="indx"><span class="smcap">Paramo, Ludovicus Á</span>—on source of Inquisition, <a href="#Page_17">17</a>;</li> -<li class="isub1">ascribes to Mendoza introduction of Inquisition to Castile, <a href="#Page_100">100</a></li> - -<li class="indx"><span class="smcap">Pecuniary Penances</span>, <a href="#Page_150">150</a></li> - -<li class="indx"><span class="smcap">Pegna, Francesco</span>, the scholiast, <a href="#Page_143">143</a>;</li> -<li class="isub1">on canonical purgation, <a href="#Page_160">160</a>;</li> -<li class="isub1">on children of heretics, <a href="#Page_164">164</a>;</li> -<li class="isub1">on examination of accused, <a href="#Page_173">173</a>;</li> -<li class="isub1">enjoins guile, <a href="#Page_174">174</a> et seq.;</li> -<li class="isub1">his honesty, <a href="#Page_180">180</a>;</li> -<li class="isub1">on torture, <a href="#Page_185">185</a>;</li> -<li class="isub1">on execution of innocent men, <a href="#Page_197">197</a>;</li> -<li class="isub1">on formal intercession, <a href="#Page_204">204</a>;</li> -<li class="isub1">on Auto de Fé, <a href="#Page_205">205</a></li> - -<li class="indx"><span class="smcap">Pelagius</span>—heresy of, <a href="#Page_24">24</a> -<span class="pagenum" id="Page_402">402</span></li> - -<li class="indx"><span class="smcap">Penitentiaries</span>—ordered by Torquemada, <a href="#Page_237">237</a></li> - -<li class="indx"><span class="smcap">Perejon, David</span>—in affair of La Gardia, <a href="#Page_318">318</a>, <a href="#Page_325">325</a></li> - -<li class="indx"><span class="smcap">Pico della Mirandola, Giovanni</span>—eludes Inquisition, <a href="#Page_264">264</a></li> - -<li class="indx"><span class="smcap">Pius IX, Pope</span>—canonizes Arbués, <a href="#Page_230">230</a></li> - -<li class="indx"><span class="smcap">Priscillian</span>—burnt, <a href="#Page_27">27</a></li> - -<li class="indx"><span class="smcap">Pulgar, Hernando del</span>—on state of Castile, <a href="#Page_53">53</a>;</li> -<li class="isub1">on Isabella’s reforms, <a href="#Page_69">69</a>;</li> -<li class="isub1">on judaizing, <a href="#Page_71">71</a>;</li> -<li class="isub1">a New-Christian, <a href="#Page_94">94</a>;</li> -<li class="isub1">on Mendoza’s catechism, <a href="#Page_100">100</a></li> - -<li class="ifrst"><span class="smcap"><i>Quemadero</i></span>—built, <a href="#Page_127">127</a>;</li> -<li class="isub1">demolished by Bonaparte’s soldiers, <a href="#Page_128">128</a></li> - -<li class="indx"><span class="smcap">Quintanilla, Alonso de</span>—Isabella’s chancellor, <a href="#Page_56">56</a></li> - -<li class="ifrst"><span class="smcap">Raymond of Toulouse</span>—<a href="#Page_33">33</a></li> - -<li class="indx"><span class="smcap"><i>Relapsos</i></span>—<a href="#Page_149">149</a>, <a href="#Page_194">194</a>;</li> -<li class="isub1">defined, <a href="#Page_198">198</a></li> - -<li class="indx"><span class="smcap">Riario, Raffaele</span>,—<a href="#Page_67">67</a></li> - -<li class="indx"><span class="smcap">Ribera, Hernando de</span>—in affair of La Gardia, <a href="#Page_291">291</a>, <a href="#Page_326">326</a>;</li> -<li class="isub1">convicted, <a href="#Page_347">347</a></li> - -<li class="indx"><span class="smcap">Rios, Amador de los</span>—on first appearance of Jews in Spain, <a href="#Page_73">73</a>;</li> -<li class="isub1">on Jewish community in thirteenth century, <a href="#Page_75">75</a>;</li> -<li class="isub1">on ritual murder, <a href="#Page_80">80</a>;</li> -<li class="isub1">on Susan’s daughter <a href="#Page_115">115</a>;</li> -<li class="isub1">on banishment of Jews, <a href="#Page_369">369</a></li> - -<li class="indx"><span class="smcap">Ritual Murder</span>—charges of, <a href="#Page_78">78</a> et seq.</li> - -<li class="indx"><span class="smcap">Rodrigo, F. J. Garcia</span>—<a href="#Page_8">8</a>;</li> -<li class="isub1">on Susan’s conspiracy, <a href="#Page_116">116</a>;</li> -<li class="isub1">on <i>Quemadero</i>, <a href="#Page_128">128</a>;</li> -<li class="isub1">on torture, <a href="#Page_187">187</a>;</li> -<li class="isub1">on prisons, <a href="#Page_263">263</a>;</li> -<li class="isub1">on fanaticism, <a href="#Page_393">393</a></li> - -<li class="indx"><span class="smcap">Rule, Dr. W. H.</span>—<a href="#Page_8">8</a>, <a href="#Page_31">31</a>;</li> -<li class="isub1">on <i>Quemadero</i>, <a href="#Page_128">128</a></li> - -<li class="ifrst"><span class="smcap">St. Hilaire, Rosseeuw</span>—on Torquemada, <a href="#Page_6">6</a>;</li> -<li class="isub1">on Isabella’s reforms, <a href="#Page_69">69</a></li> - -<li class="indx"><span class="smcap">St. Peter the Martyr</span>—Confraternity of, <a href="#Page_117">117</a>, <a href="#Page_227">227</a></li> - -<li class="indx"><i>Sanbenito</i>—revived by Torquemada, <a href="#Page_149">149</a>;</li> -<li class="isub1">its origin and history, <a href="#Page_206">206</a> et seq.;</li> -<li class="isub1">considered salutary by Torquemada, <a href="#Page_209">209</a>;</li> -<li class="isub1">its various forms, <a href="#Page_209">209</a>;</li> -<li class="isub1">preserved after Autos de Fé, <a href="#Page_255">255</a></li> - -<li class="indx"><span class="smcap">Sanç</span>—Yucé Franco’s attorney, <a href="#Page_297">297</a>;</li> -<li class="isub1">abandons case, <a href="#Page_341">341</a></li> - -<li class="indx"><span class="smcap">Sanchez de la Fuente, Francisco</span>—appointed assistant to Torquemada, <a href="#Page_383">383</a></li> - -<li class="indx"><span class="smcap">Sanchez, Guillerme</span>—procures his brother’s release, <a href="#Page_226">226</a>;</li> -<li class="isub1">arrested, <a href="#Page_227">227</a></li> - -<li class="indx"><span class="smcap">Sanchez, Juan Pedro</span>—conspires against Inquisition, <a href="#Page_217">217</a>;</li> -<li class="isub1">burnt in effigy, <a href="#Page_222">222</a>;</li> -<li class="isub1">arrested in Toulouse, <a href="#Page_226">226</a>;</li> -<li class="isub1">released, <a href="#Page_226">226</a>;</li> -<li class="isub1">his befrienders arrested, <a href="#Page_227">227</a></li> - -<li class="indx"><span class="smcap">San Martino, Fr. Juan de</span>—inquisitor in Seville, <a href="#Page_109">109</a>;</li> -<li class="isub1">vindictive procedure of, <a href="#Page_116">116</a>;</li> -<li class="isub1">hatred of Jews, <a href="#Page_126">126</a>;</li> -<li class="isub1">Pope protests against rigour of, <a href="#Page_128">128</a>;</li> -<li class="isub1">confirmed in office by Torquemada, <a href="#Page_136">136</a></li> - -<li class="indx"><span class="smcap">Santa Cruz, Gaspar de</span>—escapes to Toulouse, <a href="#Page_228">228</a>;</li> -<li class="isub1">amends imposed upon his son, <a href="#Page_228">228</a></li> - -<li class="indx"><span class="smcap">Santangel, Luis de</span>—conspires against Inquisition, <a href="#Page_217">217</a>;</li> -<li class="isub1">arrested, <a href="#Page_221">221</a></li> - -<li class="indx"><span class="smcap">Santiago</span>—Knights of, <a href="#Page_59">59</a>;</li> -<li class="isub1">Grand-Mastership of, <a href="#Page_60">60</a></li> - -<li class="indx"><span class="smcap">Santillana, Francisco de</span>—<a href="#Page_106">106</a></li> - -<li class="indx"><span class="smcap">Santo Domingo, Fr. Fernando de</span>—delegated to try affair of La Gardia, <a href="#Page_289">289</a>;</li> -<li class="isub1">at Auto de Fé, <a href="#Page_343">343</a></li> - -<li class="indx"><span class="smcap"><i>Santo Niño</i></span>—see La Gardia, Holy Child of</li> - -<li class="indx"><span class="smcap">Sauli, Manuel</span>—conspires, <a href="#Page_115">115</a>;</li> -<li class="isub1">burnt, <a href="#Page_116">116</a></li> - -<li class="indx"><span class="smcap">Secret Absolutions</span>—<a href="#Page_257">257</a>;</li> -<li class="isub1">bulls of, <a href="#Page_251">251</a></li> - -<li class="indx"><span class="smcap">Secular Arm</span>—euphemistic expression, <a href="#Page_194">194</a>;</li> -<li class="isub1">abandonment to, <a href="#Page_204">204</a></li> - -<li class="indx"><span class="smcap">Segovia</span>—riots in, <a href="#Page_60">60</a></li> - -<li class="indx"><span class="smcap">Seneor, Abraham</span>—<a href="#Page_365">365</a></li> - -<li class="indx"><span class="smcap">Seville</span>—visited by Isabella, <a href="#Page_63">63</a>;</li> -<li class="isub1">judaizing in, <a href="#Page_109">109</a>, <a href="#Page_111">111</a>;</li> -<li class="isub1">Inquisition established in, <a href="#Page_114">114</a> et seq.;</li> -<li class="isub1">first burnings in, <a href="#Page_118">118</a>;</li> -<li class="isub1">numerous arrests in, <a href="#Page_119">119</a>;</li> -<li class="isub1">number burnt in, <a href="#Page_127">127</a>;</li> -<li class="isub1">permanent tribunal established in by Torquemada, <a href="#Page_136">136</a></li> - -<li class="indx"><span class="smcap">Siliceo, Cardinal Juan Martinez</span>—discovers Jewish letter, <a href="#Page_361">361</a></li> - -<li class="indx"><span class="smcap">Sixtus IV, Pope</span>—opposed by Isabella, <a href="#Page_67">67</a>;</li> -<li class="isub1">orders Inquisition, <a href="#Page_89">89</a>;</li> -<li class="isub1">grants bull for establishment of Inquisition in Castile, <a href="#Page_107">107</a>;</li> -<li class="isub1">protests against rigour of Seville inquisitors, <a href="#Page_128">128</a>;</li> -<li class="isub1">revokes right of Sovereigns to appoint inquisitors, <a href="#Page_129">129</a>;</li> -<li class="isub1">appoints inquisitors, <a href="#Page_131">131</a>;</li> -<li class="isub1">letter of to Isabella, <a href="#Page_133">133</a></li> - -<li class="indx"><span class="smcap">Solares, Alfonso</span>,—<a href="#Page_380">380</a></li> - -<li class="indx">“<span class="smcap">Solicitation</span>”—sin of, <a href="#Page_169">169</a></li> - -<li class="indx"><span class="smcap">Solis, Alonso de</span>—charged with conversion of Jews, <a href="#Page_107">107</a></li> - -<li class="indx"><span class="smcap">Suarez de Fuentelsaz, Alonso</span>—appointed assistant to Torquemada, <a href="#Page_383">383</a>; -<span class="pagenum" id="Page_403">403</span></li> -<li class="isub1">virtually supersedes Torquemada, <a href="#Page_384">384</a></li> - -<li class="indx"><span class="smcap">Suprema, Council of</span>—<a href="#Page_137">137</a></li> - -<li class="indx"><span class="smcap">Susan, Diego de</span>—conspiracy of, <a href="#Page_114">114</a>;</li> -<li class="isub1">betrayed by his daughter, <a href="#Page_115">115</a>;</li> -<li class="isub1">burnt, <a href="#Page_116">116</a> et seq.</li> - -<li class="ifrst"><span class="smcap">Tablada</span>—meadows of, <a href="#Page_118">118</a>;</li> -<li class="isub1">permanent burning platform erected there, <a href="#Page_127">127</a></li> - -<li class="indx"><span class="smcap">Tazarte, Yucé</span>—procures consecrated wafer, <a href="#Page_306">306</a>;</li> -<li class="isub1">enchantment performed by, <a href="#Page_308">308</a>;</li> -<li class="isub1">his sorceries examined, <a href="#Page_320">320</a></li> - -<li class="indx"><span class="smcap">Teruel</span>—in revolt, <a href="#Page_231">231</a></li> - -<li class="indx"><span class="smcap">Toledo</span>—tribunal established in, <a href="#Page_136">136</a>, <a href="#Page_239">239</a>;</li> -<li class="isub1">plot against Inquisition in, <a href="#Page_240">240</a>;</li> -<li class="isub1">activity of Inquisition in, <a href="#Page_243">243</a>;</li> -<li class="isub1">first Auto de Fé in, <a href="#Page_244">244</a>;</li> -<li class="isub1">second Auto in <a href="#Page_246">246</a>;</li> -<li class="isub1">secular arm, <a href="#Page_247">247</a>;</li> -<li class="isub1">burning-place of, <a href="#Page_251">251</a>;</li> -<li class="isub1">further Autos in, <a href="#Page_252">252</a> et seq.;</li> -<li class="isub1">Judaizers convicted in, <a href="#Page_256">256</a></li> - -<li class="indx"><span class="smcap">Torquemada, Fr. Juan de</span> (Cardinal of San Sisto)—<a href="#Page_94">94</a>, <a href="#Page_104">104</a></li> - -<li class="indx"><span class="smcap">Torquemada, Lope Alonso de</span>—<a href="#Page_104">104</a></li> - -<li class="indx"><span class="smcap">Torquemada, Pero Fernandez de</span>—<a href="#Page_105">105</a></li> - -<li class="indx"><span class="smcap">Torquemada, Fr. Tomás de</span>—advocates Inquisition, <a href="#Page_102">102</a>;</li> -<li class="isub1">his name and family, <a href="#Page_104">104</a>;</li> -<li class="isub1">Prior of Santa Cruz, <a href="#Page_105">105</a>;</li> -<li class="isub1">Isabella’s confessor, <a href="#Page_105">105</a>;</li> -<li class="isub1">influence with Isabella, <a href="#Page_106">106</a>;</li> -<li class="isub1">asceticism of, <a href="#Page_106">106</a>;</li> -<li class="isub1">withdraws to Segovia, <a href="#Page_107">107</a>;</li> -<li class="isub1">delegated to appoint inquisitors in Castile, <a href="#Page_109">109</a>;</li> -<li class="isub1">appointed inquisitor by Pope, <a href="#Page_131">131</a>;</li> -<li class="isub1">created Grand-Inquisitor of Spain, <a href="#Page_135">135</a>;</li> -<li class="isub1">reconstitutes the Holy Office, <a href="#Page_136">136</a>;</li> -<li class="isub1">president of the Suprema, <a href="#Page_137">137</a>;</li> -<li class="isub1">assembles his subaltern inquisitors, <a href="#Page_138">138</a>;</li> -<li class="isub1">formulates his code, <a href="#Page_142">142</a>;</li> -<li class="isub1">the articles of his first “instructions,” <a href="#Page_144">144</a> et seq.;</li> -<li class="isub1">revives <i>sanbenito</i>, <a href="#Page_149">149</a> and <a href="#Page_209">209</a>;</li> -<li class="isub1">decrees “secrecy,” <a href="#Page_157">157</a>;</li> -<li class="isub1">on prosecution of the dead, <a href="#Page_161">161</a>;</li> -<li class="isub1">seeks to extend inquisitorial jurisdiction, <a href="#Page_168">168</a>;</li> -<li class="isub1">on <i>negativos</i>, <a href="#Page_197">197</a>;</li> -<li class="isub1">on <i>relapsos</i>, <a href="#Page_200">200</a>;</li> -<li class="isub1">his power, <a href="#Page_214">214</a>;</li> -<li class="isub1">stirs Aragonese tribunal into activity, <a href="#Page_215">215</a>;</li> -<li class="isub1">convenes council at Tarragona, <a href="#Page_216">216</a>;</li> -<li class="isub1">delegates Arbués and Yuglar, <a href="#Page_217">217</a>;</li> -<li class="isub1">his action on murder of Arbués, <a href="#Page_221">221</a>;</li> -<li class="isub1">orders proclamation of Autos, <a href="#Page_222">222</a>;</li> -<li class="isub1">attempts to withstand papal authority, <a href="#Page_225">225</a>;</li> -<li class="isub1">resisted in Aragon, <a href="#Page_231">231</a>;</li> -<li class="isub1">his decrees of 1485, <a href="#Page_233">233</a>;</li> -<li class="isub1">ordered by Pope to re-edit his “code of terror,” <a href="#Page_235">235</a>;</li> -<li class="isub1">his decrees of 1488, <a href="#Page_236">236</a>;</li> -<li class="isub1">orders building of penitentiaries, <a href="#Page_237">237</a>;</li> -<li class="isub1">renders delation compulsory, <a href="#Page_242">242</a>;</li> -<li class="isub1">his fanatical hatred of Jews, <a href="#Page_243">243</a>;</li> -<li class="isub1">complaints of his rigour, <a href="#Page_256">256</a>;</li> -<li class="isub1">resents papal interference, <a href="#Page_257">257</a>;</li> -<li class="isub1">protests to Pope, <a href="#Page_260">260</a>;</li> -<li class="isub1">his wealth, <a href="#Page_260">260</a>;</li> -<li class="isub1">his character, <a href="#Page_261">261</a>;</li> -<li class="isub1">treatment of his sister, <a href="#Page_261">261</a>;</li> -<li class="isub1">builds Monastery of St. Thomas, <a href="#Page_262">262</a>;</li> -<li class="isub1">fanaticism of, <a href="#Page_263">263</a>;</li> -<li class="isub1">arrogance of, <a href="#Page_264">264</a>;</li> -<li class="isub1">violates equity, <a href="#Page_266">266</a>;</li> -<li class="isub1">urges expulsion of Jews, <a href="#Page_268">268</a>;</li> -<li class="isub1">accused of inventing affair of La Gardia, <a href="#Page_269">269</a>;</li> -<li class="isub1">intends to direct trial of Y. Franco, <a href="#Page_288">288</a>;</li> -<li class="isub1">entrusts this to his delegates, <a href="#Page_289">289</a>;</li> -<li class="isub1">goes to Andalusia, <a href="#Page_292">292</a>;</li> -<li class="isub1">in connection with affair of La Gardia, <a href="#Page_353">353</a>;</li> -<li class="isub1">exploits the affair, <a href="#Page_354">354</a>, <a href="#Page_356">356</a>;</li> -<li class="isub1">advocates banishment of Jews, <a href="#Page_357">357</a>, <a href="#Page_363">363</a>;</li> -<li class="isub1">purity of his aims, <a href="#Page_364">364</a>;</li> -<li class="isub1">rebukes Sovereigns, <a href="#Page_366">366</a>;</li> -<li class="isub1">desires conversion of Jews, <a href="#Page_369">369</a>;</li> -<li class="isub1">irresistible, <a href="#Page_374">374</a>;</li> -<li class="isub1">his service to Spain, <a href="#Page_376">376</a>;</li> -<li class="isub1">confirmed in office by Alexander VI., <a href="#Page_377">377</a>;</li> -<li class="isub1">protests against papal briefs, <a href="#Page_378">378</a>;</li> -<li class="isub1">his enemies increasing, <i>ib.</i>;</li> -<li class="isub1">ascendancy of, <a href="#Page_379">379</a>;</li> -<li class="isub1">prosecutes bishops, <a href="#Page_380">380</a>;</li> -<li class="isub1">appeals to Pope against him, <a href="#Page_382">382</a>;</li> -<li class="isub1">his power curtailed, <a href="#Page_383">383</a>;</li> -<li class="isub1">virtually superseded, <a href="#Page_384">384</a>;</li> -<li class="isub1">crippled by gout, <a href="#Page_385">385</a>;</li> -<li class="isub1">last “instructions” of, <a href="#Page_386">386</a> et seq.;</li> -<li class="isub1">his death, <a href="#Page_392">392</a>;</li> -<li class="isub1">his epitaph, <a href="#Page_394">394</a></li> - -<li class="indx"><span class="smcap">Torralba, Bartolomé</span>—conspires, <a href="#Page_115">115</a>;</li> -<li class="isub1">burnt, <a href="#Page_116">116</a></li> - -<li class="indx"><span class="smcap">Torre, De la</span>—conspires, <a href="#Page_240">240</a>;</li> -<li class="isub1">arrested, <a href="#Page_241">241</a></li> - -<li class="indx"><span class="smcap">Torrejoncillo, Fr. Francisco de</span>—scurrilous publication of, <a href="#Page_360">360</a></li> - -<li class="indx"><span class="smcap">Torture</span>—by inquisitors, <a href="#Page_155">155</a>;</li> -<li class="isub1">when employed, <a href="#Page_184">184</a> et seq.;</li> -<li class="isub1">the five degrees of, <a href="#Page_188">188</a>;</li> -<li class="isub1">engines employed, <a href="#Page_189">189</a> et seq.;</li> -<li class="isub1">ratification of confession, <a href="#Page_192">192</a></li> - -<li class="indx"><span class="smcap">Trasmiera, Diego Garcia de</span>—in praise of “secrecy,” <a href="#Page_157">157</a>;</li> -<li class="isub1">on Mercy and Justice, <a href="#Page_211">211</a>;</li> -<li class="isub1">on murder of Arbués, <a href="#Page_221">221</a>;</li> -<li class="isub1">on Autos de Fé, <a href="#Page_222">222</a></li> - -<li class="indx"><span class="smcap">Triana, Castle of</span>—prison of the Inquisition, <a href="#Page_119">119</a> -<span class="pagenum" id="Page_404">404</span></li> - -<li class="indx"><span class="smcap">Uranso, Vidal de</span>—conspires against Inquisition, <a href="#Page_218">218</a>;</li> -<li class="isub1">murders Arbués, <a href="#Page_219">219</a>;</li> -<li class="isub1">put to torture, <a href="#Page_221">221</a>;</li> -<li class="isub1">his confession betrays all sympathizers, <a href="#Page_222">222</a></li> - -<li class="ifrst"><span class="smcap">Val, Domingo de</span>—crucified by Jews, <a href="#Page_78">78</a></li> - -<li class="indx"><span class="smcap">Valencia</span>—resists Inquisition, <a href="#Page_231">231</a>;</li> -<li class="isub1">attempted crucifixion in, <a href="#Page_360">360</a></li> - -<li class="indx"><span class="smcap">Valencia, Poncio de</span>—councillor of Suprema, <a href="#Page_137">137</a></li> - -<li class="indx"><span class="smcap">Valencia, Captain-General of</span>—humiliated, <a href="#Page_264">264</a></li> - -<li class="indx"><span class="smcap">Valerian</span>—<a href="#Page_21">21</a></li> - -<li class="indx"><span class="smcap">Vaudois</span>—see <span class="smcap">Waldenses</span></li> - -<li class="indx"><span class="smcap">Vazquez, Martin</span>—Yucé Franco’s advocate, <a href="#Page_297">297</a></li> - -<li class="indx"><span class="smcap">Vegas, Damiano de</span>—his “Memoria” of the <i>Santo Niño</i>, <a href="#Page_269">269</a></li> - -<li class="indx"><span class="smcap"><i>Verguenza</i></span>—<a href="#Page_244">244</a></li> - -<li class="indx"><span class="smcap">Villada, Dr. Pedro de</span>—Provisor of Astorga, <a href="#Page_282">282</a>;</li> -<li class="isub1">examines Benito Garcia, <a href="#Page_283">283</a>;</li> -<li class="isub1">delegated to try affair of La Gardia, <a href="#Page_289">289</a>;</li> -<li class="isub1">visits Yucé Franco in prison, <a href="#Page_306">306</a>;</li> -<li class="isub1">enjoins Yucé Franco to make full confession, <a href="#Page_316">316</a>;</li> -<li class="isub1">at Auto de Fé, <a href="#Page_343">343</a></li> - -<li class="indx"><span class="smcap">Villa Real</span>—tribunal established in by Torquemada, <a href="#Page_136">136</a></li> - -<li class="indx"><span class="smcap">Vincent Ferrer, St.</span>—converts Jews, <a href="#Page_85">85</a></li> - -<li class="indx"><span class="smcap">Voltaire</span>—on Auto de Fé, <a href="#Page_201">201</a></li> - -<li class="ifrst"><span class="smcap">Waldenses</span>—<a href="#Page_32">32</a></li> - -<li class="indx"><span class="smcap">Wendland, P.</span>—on ritual murder, <a href="#Page_80">80</a></li> - -<li class="ifrst"><span class="smcap">Ximenes de Cisneros, Francisco</span>—<a href="#Page_385">385</a></li> - -<li class="ifrst"><span class="smcap">Yusuf Ben Techufin</span>—defeats Christians, <a href="#Page_52">52</a></li> - -<li class="ifrst"><i>Zamarra</i>—see <i>Sanbenito</i></li> - -<li class="indx"><span class="smcap">Zaragoza</span>—Inquisition established in, <a href="#Page_216">216</a>;</li> -<li class="isub1">first Auto held in, <a href="#Page_217">217</a>;</li> -<li class="isub1">riot in, <a href="#Page_220">220</a>;</li> -<li class="isub1">Autos during 1486 in, <a href="#Page_222">222</a>;</li> -<li class="isub1">reign of terror in, <a href="#Page_223">223</a></li> - -<li class="indx"><span class="smcap">Zosimus, Pope</span>—banishes Pelagius, <a href="#Page_24">24</a></li></ul> - -<p class="caption"><i>Printed in Great Britain by Hazell, Watson & Vincy, Ld.,<br /> -London and Aylesbury.</i><br /> -</p> - -<div class="footnotes"> - -<h2 id="FOOTNOTES">FOOTNOTES:</h2> - -<div class="footnote"> - -<p><a id="Footnote_1" href="#FNanchor_1" class="label">1</a> - Paramo, “De Origine et Progressu Sanctæ Inquisitionis,” p. 588.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_2" href="#FNanchor_2" class="label">2</a> - Possibly the images of the Saviour prevalent in the third century -may have contributed to the apparent fitness of this. For at this epoch—and -for some three hundred years after—these images embodied the -Greek ideas of divinity; they represented Christ as a youth of superb -grace and beauty, and they appear largely to have been founded upon -the conceptions of Orpheus. Indeed, in one representation which has -survived, we see Him as a beardless adolescent, seated upon a mountain, -grasping an instrument with whose music he has charmed the wild -beasts assembled below. Another picture in the catacombs (included in -the illustrations of Didron’s “Iconographie Chrétienne”), representing Him -as the Good Shepherd, depicts a vigorous youth, beardless and with short -hair, in a tunic descending to the knees; His left hand supporting a lamb -which is placed across His shoulders, His right holding a shepherd’s pipe. -</p> -<p> -That such pictures were not accepted as portraits by the fathers, -but merely as idealistic representations, is clear from the disputes which -arose in the second century (and were still alive in the eighteenth) -on the subject of Christ’s personal appearance. St. Justin argued that to -render His sacrifice more touching He must have put on the most -abject of human shapes; and St. Cyril, also holding this view, uncompromisingly -pronounced Him “the ugliest of the sons of men.” But others, -imbued with the old Greek notions that beauty was in itself a mark of -divinity, protested: “If He is not beautiful, then He is not God.” -</p> -<p> -St. Augustine formally states that no knowledge existed in his day -(the fourth century) of the features of either the Saviour or His Mother. -“Nam et ipsius Dominicæ facies carnis, innumerabilium cogitationum -diversitate variatur et fingitur, quæ tamen una erat, quæcumque erat.... -Neque enim novimus faciem Virginis Mariæ. Nec novimus omnino, nec -credimus” (“De Trinitate,” lib. viii. cap. 4). -</p> -<p> -It is clear, therefore, that the two miraculous portraits were not known -in St. Augustine’s time—<i>i.e.</i> the Veronica, or the Holy Face (which is -preserved at St. Peter’s, Rome), and another portrait of similar origin, -which it was alleged Christ had, Himself, impressed upon a cloth and -sent to Abgarus, Prince of Edessa (as related by St. John of Damascus, -in the eighth century). To preserve it, Abgarus glued the cloth upon -wood, and thus it came later to Constantinople and thence to Rome, -where it is still believed to be treasured in the Church of St. Sylvester in -Capite. -</p> -<p> -These portraits, and still more a letter purporting to have been -written to the Roman Senate by Lentulus (who was pro-consul in Judea -before Herod) and believed to have been forged to combat the generally -repugnant theory that Christ was ugly and deformed (“sine decore et -specie”), supply the materials for the representations with which we are -to-day familiar. That letter contained the following description: -</p> -<p> -“At this time there appeared a man who is still living and who is gifted -with great power. His name is Jesus Christ. His disciples call him the -Son of God; others consider him a mighty prophet.... He is tall of -stature and his countenance is severe and full of power, so that to look -upon him is to love and to fear him. The hair of his head is of the -colour of wine; as far as the roots of the ears it is dull and straight, but -from the ears to the shoulders it is curled and glossy; from the shoulders -it falls over the back, divided into two parts, after the manner of the -Nazarenes. His brow is pure and level; his countenance is without -blemish and delicately tinted; his expression is gentle and gracious; his -nose and mouth are of perfect beauty; his beard is copious, of the colour -of his hair, and forked. His eyes are blue and extremely bright. His -face is of marvellous grace and majesty. None has ever seen him laugh, -but rather weeping. Erect of body, he has long, straight hands and -beautiful arms. In speech he is grave and weighty, and sparing of words. -He is the most beautiful of the sons of men (Pulcherrimus vultu inter -homines satos).” -</p> -<p> -It is clear, however, that there was no knowledge either of this description -or of the miraculous portraits mentioned as late as the fourth -and fifth centuries, during which Christ continued to be represented as the -lithe, beardless adolescent. And it is no doubt by these representations -that Michelangelo was inspired to present Christ in “The Last Judgment” -in a manner so unusual and startling to modern eyes. -</p> -<p> -Similarly there were no portraits of the Virgin Mary, and it is fairly -established that none came into existence until after the Council of -Ephesus, and that some seven pictures attributed to St. Luke—four of -which are in Rome—are the work of an eleventh-century Florentine -painter named Luca. -</p> -<p> -Whilst on the subject it may be added that the crucifix, as the emblem -of Christianity, was not introduced until the seventh century, when it was -established by the Quinisexte Council at Constantinople. Its nature -rendered its earlier adoption dangerous, if not impossible; since—as the -familiar Roman gallows—it was liable to provoke the scorn and derision -of the people. -</p> -<p> -For further information on this subject see Emeric-David, “Histoire de -la Peinture,” A. N. Didron, “Iconographie Chrétienne,” and Marangoni, -“Istoria della Capella di Sancta Sanctorum.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_3" href="#FNanchor_3" class="label">3</a> - IX. of the Theodosian Code.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_4" href="#FNanchor_4" class="label">4</a> - Epist. clxvi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_5" href="#FNanchor_5" class="label">5</a> - “History of Rationalism in Europe,” vol. ii. p. 8.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_6" href="#FNanchor_6" class="label">6</a> - The decretal of Siricius, five years after the execution of Priscillian, -strictly enjoined celibacy on all in holy orders above the rank of a sub-deacon, -and dissolved all marriages of the clergy existing at the time. -Leo the Great, in the middle of the fifth century, further extended the -rule so as to include the sub-deacons hitherto excepted. This was -largely the cause of the split that occurred between the Greek and Latin -Churches.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_7" href="#FNanchor_7" class="label">7</a> - See E. C. H. Babut, “Priscillian et le Priscilliantisme.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_8" href="#FNanchor_8" class="label">8</a> - “History of the Inquisition,” vol. i. p. 14.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_9" href="#FNanchor_9" class="label">9</a> - And yet Dr. Rule’s statement is perilously akin to a truth untruly -told, for the persecuting spirit, which is the impugnable quality of the -Holy Office, has been present in other churches than that of Rome—<i>vide</i> -the Elizabethan persecution of all who were not members of the Anglican -Church.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_10" href="#FNanchor_10" class="label">10</a> - See C. Douais, “Les Hérétiques du Midi au XIII<sup>e</sup> Siècle.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_11" href="#FNanchor_11" class="label">11</a> - Eymericus, “Directorium Inquisitorum,” p. 58.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_12" href="#FNanchor_12" class="label">12</a> - Concilium Avenionense, A.D. 1209.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_13" href="#FNanchor_13" class="label">13</a> - Eymericus, “Directorium Inquisitorum,” p. 60.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_14" href="#FNanchor_14" class="label">14</a> - “Concilium Lateranense IV,” A.D. 1215.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_15" href="#FNanchor_15" class="label">15</a> - See Cæsar, “De Bello Gallico,” p 13., libca vi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_16" href="#FNanchor_16" class="label">16</a> - “Paradiso,” C. xi. v. 37-39.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_17" href="#FNanchor_17" class="label">17</a></p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“Ma il suo peculio di nuova vivanda<br /></span> -<span class="i1">E’ fatto ghiotto si, ch’ esser non puote<br /></span> -<span class="i1">Che per diversi salti non si spanda;<br /></span> -</div> - -<div class="stanza"> -<span class="i0">“E quanto le sue pecore remote<br /></span> -<span class="i1">E vagabonde più da esso vanno,<br /></span> -<span class="i1">Più tornano all’ ovil di latte vote.”<br /></span> -</div> - -<p class="author"><span class="smcap">Dante</span>, “Paradiso,” C. xi. v. 124-9.</p> -</div></div> -</div> - -<div class="footnote"> - -<p><a id="Footnote_18" href="#FNanchor_18" class="label">18</a> - Limborch, “Historia Inquisitionis,” lib. i. cap. 12.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_19" href="#FNanchor_19" class="label">19</a> - Limborch, “Historia Inquisitionis,” lib. i. cap. 12.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_20" href="#FNanchor_20" class="label">20</a> - 1231, N. 14, 16-17.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_21" href="#FNanchor_21" class="label">21</a> - Or, say, 1½ ft. by 1, ft.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_22" href="#FNanchor_22" class="label">22</a> - Llorente, “Historia Critica,” i. p. 135. Raynaldus 1233.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_23" href="#FNanchor_23" class="label">23</a> - Pulgar, “Chronica,” Part II. cap. li.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_24" href="#FNanchor_24" class="label">24</a> - Pulgar, “Cronica,” II. cap. iv.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_25" href="#FNanchor_25" class="label">25</a> - Pulgar, “Cronica,” II. cap c.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_26" href="#FNanchor_26" class="label">26</a> - The Jesuit Mariana is among those who doubt the story of St. James’s -visit to Spain and the presence of his body at Compostella, but he considers -that “it is not desirable to disturb with such disputes the devotion -of the people.”—“Hist. General de España.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_27" href="#FNanchor_27" class="label">27</a> - Colmenares, “Historia de Segovia,” cap. xxxiv, §§ xii and xiii; Pulgar, -“Cronica,” II. cap. lix.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_28" href="#FNanchor_28" class="label">28</a> - Cap. cc. Bernaldez was the parish priest of Palacios at the time -of the Queen’s death. He has left us a rather intimate history of the -Catholic Sovereigns, fairly rich in vivid detail.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_29" href="#FNanchor_29" class="label">29</a> - “Hizo corrigir y castigar la gran disolucion y dishonestidad que -habian en sus reinos cuando comenzó de reinar entre los frailes y monjas -de todas las ordenes, y fizo encerrar las monjas de muchos monasterios -que vivian muy dishonestas, asi en Castilla como en los reynos de Aragon -y Cataluña.”—<span class="smcap">Bernaldez</span>, “Historia de los Reyes Catolicos,” cap. cc.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_30" href="#FNanchor_30" class="label">30</a> - St. Helena’s memory was prominently before the public attention -just then, owing to the discovery in Rome of a silver box containing -what was alleged to be the label that had been hung upon the Cross. -Its recovery from the Holy Land was, of course, attributed to St. Helena, -and it was supposed that it had been brought by her to Rome.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_31" href="#FNanchor_31" class="label">31</a> - The ducat was worth 7<i>s.</i> 6<i>d.</i> of our present money, with fully five -times the purchasing power of that sum; so that, roughly, this would be -equivalent to-day to £200,000.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_32" href="#FNanchor_32" class="label">32</a> - Salazar de Mendoza, “Cronica del Gran Cardenal,” I. cap. lii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_33" href="#FNanchor_33" class="label">33</a> - “Histoire d’Espagne,” tom. v. p. 432.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_34" href="#FNanchor_34" class="label">34</a> - “Historia General de España,” lib. xxiv. cap. xvii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_35" href="#FNanchor_35" class="label">35</a> - “Chronica de los Reyes Catholicos,” Pt. II. cap. lxxvi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_36" href="#FNanchor_36" class="label">36</a> - To Judaize (<i>Judaizar</i>) was to embrace the Mosaic law, and the term -was applied particularly to the relapse of those who had been converted -to Christianity.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_37" href="#FNanchor_37" class="label">37</a> - Toledo, Mendoza tells us, was founded by Hercules, who sailed to -Spain in the ship <i>Argo</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_38" href="#FNanchor_38" class="label">38</a> - Tomás Tamayo de Vargas maintains that the Jews in Toledo at the -time of the Crucifixion sent a letter of warning and disapproval to their -brethren in Jerusalem. This letter—which it is alleged was translated -into Castilian when Toledo fell into the hands of Alfonso VI—the historian -quotes. Amador de los Rios, in his able and exhaustive history -of the Jews in Spain, pronounces the document to have been manufactured -to impose upon the credulity of the ignorant, since to any one -acquainted with the growth and development of the Castilian language -a glance is sufficient to prove its apocryphal character. -</p> -<p> -It is in this letter that the legend of the Jewish incursion into Spain -after the fall of Babylon has its roots. It concludes with the following -statement: “... You know that it is certain your temple must soon be -destroyed, for which reason our forefathers, upon issuing from the -Babylonian captivity, would not return to Jerusalem, but with Pyrrhus -for their captain—sent by Cyrus, who gave them many riches taken from -Babylon in the year 69 of the captivity—they came to Toledo and built -here a great aljama.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_39" href="#FNanchor_39" class="label">39</a> - “Historia de los Judios en España,” vol. i. pp. 28, 29.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_40" href="#FNanchor_40" class="label">40</a> - A case is at present before the Russian law courts, arising out of a -charge of this nature urged by an officer of police.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_41" href="#FNanchor_41" class="label">41</a> - Rios, “Hist. de los Judios,” i. cap. x.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_42" href="#FNanchor_42" class="label">42</a> - See also Torrejoncillo’s “Centinela contra Judios.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_43" href="#FNanchor_43" class="label">43</a> - This engrossing subject is exhaustively treated with great force and -suggestiveness by J. G. Frazer in “The Golden Bough,” bk. iii. cap. iii., -and also by P. Wendland in “Jesus als Saturnalien-König.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_44" href="#FNanchor_44" class="label">44</a> - The decree is quoted by Amador de los Rios in “Historia de los -Judios de España y Portugal,” vol. ii. p. 571.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_45" href="#FNanchor_45" class="label">45</a> - See Ortiz de Zuñiga, “Anales de Sevilla,” under <i>año</i> 1391.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_46" href="#FNanchor_46" class="label">46</a> - See Rosseeuw St. Hilaire, “Hist. d’Espagne,” liv. xix. chap. I.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_47" href="#FNanchor_47" class="label">47</a> - “Chronica,” II. cap. lxxvi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_48" href="#FNanchor_48" class="label">48</a> - See Gregorovius, “Geschichte der Stadt Rom,” bk. ix. cap. ii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_49" href="#FNanchor_49" class="label">49</a> - Pulgar, “Chronica,” II. cap. lxxvi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_50" href="#FNanchor_50" class="label">50</a> - In “Claros Varones de España,” Pulgar says that even in the veins -of her sometime confessor, Frey Juan de Torquemada, Cardinal of San -Sisto, there was a strain of Jewish blood. But the authority is insufficient, -and Pulgar, himself a New-Christian, is perhaps anxious to include as -many illustrious men of his day as possible in the New-Christian ranks. -Zurita, on the other hand, says that the Cardinal’s nephew, Fr. Thomas -de Torquemada, the Grand Inquisitor, was of “clean blood”—de limpia -linaje (lib. xx. cap. xlix.). The term “clean” in this connection arose out -of the popular conception that the blood of a Jew was a dark-hued fluid, -distinguishable from the bright red blood of the Christian.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_51" href="#FNanchor_51" class="label">51</a> - Bernaldez, “Historia de los Reyes Catholicos,” cap. xliii: “Modo de -vivir de los Judios.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_52" href="#FNanchor_52" class="label">52</a> - “Anales,” lib. xii. año 1478.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_53" href="#FNanchor_53" class="label">53</a> - “Chronica,” II. cap. lxxvii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_54" href="#FNanchor_54" class="label">54</a> - “De Origine et Progressu Sanctæ Inquisitionis,” lib. ii. tit. ii. -cap. iii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_55" href="#FNanchor_55" class="label">55</a> - The “relapsos”—of whom we shall hear more presently—were -those who, having been converted to Christianity, were guilty of relapsing -into Judaism.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_56" href="#FNanchor_56" class="label">56</a> - Paramo, “De Origine,” lib. ii. tit. ii. cap. iii.; Zuniga, “Anales,” 1477.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_57" href="#FNanchor_57" class="label">57</a> - “Anales,” cap. ii. 10.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_58" href="#FNanchor_58" class="label">58</a> - “Historia Verdadera de la Inquisicion,” by D. F. J. G. Rodrigo, -vol. ii. p. 111. This history is to be read with the greatest caution. It -is an attempt to justify the Inquisition and to combat Llorente’s writings; -in his endeavours to achieve this object the author is a little reckless and -negligent of exactitude.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_59" href="#FNanchor_59" class="label">59</a> - Paramo, p. 157, and Hernando de Castillo in “Historia de Santo -Domingo y de su Orden,” part iii. cap. lxxiv.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_60" href="#FNanchor_60" class="label">60</a> - “Coronica de los Moros de España,” p. 879.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_61" href="#FNanchor_61" class="label">61</a> - Llorente, “Anales,” cap. ii. § 14.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_62" href="#FNanchor_62" class="label">62</a> - “Historic Verdadera,” ii. p. 71.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_63" href="#FNanchor_63" class="label">63</a> - Mendoza, “Monarquia de España,” iii. p. 336. Bleda says that there -were 100,000 apostates in that diocese (“Coronica de los Moros,” -p. 880).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_64" href="#FNanchor_64" class="label">64</a> - Zuñiga, “Anales,” lib. xii. año 1480.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_65" href="#FNanchor_65" class="label">65</a> - Bernaldez, cap. xliv.; Garcia Rodrigo, i. cap. xx.; Amador de los -Rios, “Historia de los Judios,” lib. iii. cap. v. -</p> -<p> -Amador de los Rios adds in a foot-note, on the score of this girl: -“Don Reginaldo Rubino, Bishop of Tiberiades, informed of the delation -and of the state of la Fermosa Fembra, contrived that she should enter one -of the convents of the city to take the veil. But dominated by her sensual -passions, she quitted the convent without professing, and bore several -children. Her beauty having been dissipated by age, want overtook the -unnatural daughter of the millionaire Diego de Susan, and in the end she -died under the protection of a grocer. In her will she disposed that her -skull should be placed over the doorway of the house in which she had -pursued her evil life as an example and in punishment of her sins. This -house is situated in the Calle de Ataúd, opposite to its entrance from the -direction of the Alcazar, and there the skull of la Fermosa Fembra has -continued until our own times.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_66" href="#FNanchor_66" class="label">66</a> - Llorente says “January 6,” an obvious mistake considering that the -inquisitors published their first edict on the 2nd of that month, and that -Susan’s offence was subsequent to that publication.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_67" href="#FNanchor_67" class="label">67</a> - See Garcia Rodrigo, vol. i. cap. xx.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_68" href="#FNanchor_68" class="label">68</a> - Bernaldez tells us (cap. xliv.) that in the town of Aracena alone, -where the Inquisitors sought refuge from the pestilence, they set up a -tribunal and burnt twenty-three persons alive in addition to the number of -bodies they exhumed for the purpose.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_69" href="#FNanchor_69" class="label">69</a> - Bernaldez, cap. xliv.; Zuñiga, “Anales,” lib. xii. año 1481.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_70" href="#FNanchor_70" class="label">70</a> - “Historia de los Reyes Catolicos,” cap. xliv.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_71" href="#FNanchor_71" class="label">71</a> - See Llorente, “Historia Critica,” tom. i. p. 256 <i>et seq.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_72" href="#FNanchor_72" class="label">72</a> - Fidel Fita in “Boletin de la Real Academia de la Historia,” xxiii. -p. 370.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_73" href="#FNanchor_73" class="label">73</a> - “Chronica,” part ii. cap. lxxvii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_74" href="#FNanchor_74" class="label">74</a> - This, however, is a statement in which a misconception seems -obvious. If the statues were of plaster (and it is Llorente himself who -says so) they would not have stood the heat of furnaces placed beneath -them. Moreover, since death in such ovens would have been more -lingering and painful than at the stake, it is difficult to think upon what -possible grounds, where all were equally guilty, any of the condemned -should have been relegated to this further degree of torment, or—conversely—those -who died at the stake should have been spared it. Besides, -it is to be remembered that it was desired, and held desirable, that the -victims should suffer in full view of the faithful. But the mistake which -has crept in can be indicated. What Bernaldez actually says is: “Ficieron -facer aquel quemadero en Tablado con aquellos quatro profetas de yeso -en que los quemaban.” The “en que” may refer either to the Quemadero -generally or to the statues in particular. But there can be little doubt -that it refers to the Quemadero, and that Llorente was mistaken in -assuming it to refer to the statues. -</p> -<p> -A curious instance of adapting the shape of a fact so that it will fit -the idea to be conveyed is afforded in this connection by Dr. Rule, who -calmly alters the substance of the statues, translating <i>yeso</i> as “limestone.” -“Hist. of the Inquisition,” vol. i. p. 134.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_75" href="#FNanchor_75" class="label">75</a> - Garcia Rodrigo tells us that the architect of this elaborate altar of -intolerance was a New-Christian of such zeal that he found employment -in the Holy Office as one of its receivers, but that being discovered in -Judaizing practices he was himself burnt on the Quemadero he had -erected. No authority is furnished for the story, nor does Llorante -mention it, and one is inclined to place it in the category of fables such -as that which relates how the first head to be shorn off by the guillotine -was that of its inventor, Dr. Guillotin.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_76" href="#FNanchor_76" class="label">76</a> - Paramo, “De Origine,” p. 133. Llorente quotes this brief from -Lumbreras, adding that the original is in the royal library. See his -“Memoria Historica,” p. 260.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_77" href="#FNanchor_77" class="label">77</a> - “... e fueron aplicados todos sus bienes para la Camara del Rey y -de la Reyna, los cuales fueron en gran cantidad.”—Pulgar, “Cronica,” -cap. xcv.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_78" href="#FNanchor_78" class="label">78</a> - Paramo, “De Origine,” p. 136.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_79" href="#FNanchor_79" class="label">79</a> - See letter quoted in Appendix to Llorente’s “Memoria Historica.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_80" href="#FNanchor_80" class="label">80</a> - The bull of nomination is quoted in full by Paramo, “De Origine,” -p. 137.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_81" href="#FNanchor_81" class="label">81</a> - “Hist. Critica,” tom. i. art. i. §. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_82" href="#FNanchor_82" class="label">82</a> - Afterwards Ciudad Real.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_83" href="#FNanchor_83" class="label">83</a> - “Copilacion de las Instrucciones hechas, etc.” Press-mark C. 61. e. 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_84" href="#FNanchor_84" class="label">84</a> - Eymeric, “Directorium,” pars iii. Quæst. xli. <i>et seq.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_85" href="#FNanchor_85" class="label">85</a> - The compendious tome including these very ample annotations and -commentaries was published first in Rome, 1585.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_86" href="#FNanchor_86" class="label">86</a> - Tennyson’s “Queen Mary,” Act V. sc. i.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_87" href="#FNanchor_87" class="label">87</a> - See Eymeric, “Directorium,” pars iii. p. 315 <i>et seq.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_88" href="#FNanchor_88" class="label">88</a> - See Fidel Fita in “Boletín de la Real Academia de la Historia,” -vol. xi. p. 296.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_89" href="#FNanchor_89" class="label">89</a> - “Vida de Arbués,” p. 56. -</p> -<p> -It is interesting to turn to modern writers who defend this secrecy—such, -for instance, as the Rev. Sidney Smith, S.J., whose good faith there -is no cause to doubt. He writes as follows: “To pass over the question -of injury often done to the reputation of third parties, it has occasionally -been forced on public attention that crimes cannot be put down because -witnesses know that by giving evidence they expose themselves to great -risks, the accused having powerful friends to execute vengeance in their -behalf. This was exactly the case with the Inquisition. The Marranos -had great power through their wealth, position, and secret bonds of alliance -with the unconverted Jews. These would certainly have endeavoured to -neutralize the efforts of the Holy Office had the trials been open. Torquemada, -in his statutes of 1484, gives expressly this defence of secrecy, etc.”—“The -Spanish Inquisition,” p 17, in “Historical Papers.” -</p> -<p> -The argument is specious, and it is fundamentally true. But when it -is considered that the delator, so carefully screened from all danger, was -protected entirely at the expense of the accused, it becomes clear that such -a procedure must argue a reckless eagerness to accumulate convictions. -It suffices to reflect that, whilst all the arguments advanced to justify this -secrecy could with equal justice have been urged by the contemporary -civil courts of Europe, it is impossible to point to a single one that had -recourse to so inequitable a measure. The inquisitorial point of view may -be appreciated, even with a certain sympathy, by the extremely tolerant. -It cannot be justified.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_90" href="#FNanchor_90" class="label">90</a> - “Directorium,” pars iii. p. 312.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_91" href="#FNanchor_91" class="label">91</a> - “Historia Critica,” vol. ii. p. 15.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_92" href="#FNanchor_92" class="label">92</a> - Pars iii. quæst. cxiv. and cxv.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_93" href="#FNanchor_93" class="label">93</a> - See “Directorium,” pars iii. p. 387.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_94" href="#FNanchor_94" class="label">94</a> - See Llorente’s “Historia Critica,” I. cap. xxviii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_95" href="#FNanchor_95" class="label">95</a> - “Las delaciones sobre solicitacion en el confessionario se deben -recibir con gran cuidado, haciendo que la denunciante declare todas las -circunstancias siguientes: -</p> -<p> -“En que dia, hora y en que confessionario, si fué antes de la confession -ó despues, ó ella mediante; si estaba de rodillas y se avia ya -persignado, ó si simulaba confession, que palabras la dijo el confessor, -ó que acciones ejecutó, poniendo las palabras como ellas se dixeron; -quantas veces sucedió, y si despues la absolvió, si alguna persona lo pude -oir ó entender, ó si ella se lo ha dicho a alguien, y si sabe que el dicho -confessor ó otro aya solicitado a otras, ó si ella ha sido solicitada por otro. -Y declare la edad y señas personales del dicho confessor, y tambien en -caso de aver pasado tiempo del delito, porque no lo ha delatado antes al -Santo Oficio, y si sabe la residencia del dicho confessor.” -</p> -<p> -“Orden de Procesar,” compiled by Fr. P. Garcia, published by the -Press of the Holy Office, Valencia, 1736.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_96" href="#FNanchor_96" class="label">96</a> - “Historia Critica,” I. cap. xxviii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_97" href="#FNanchor_97" class="label">97</a> - “History of the Spanish Inquisition,” vol. iv. p. 135.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_98" href="#FNanchor_98" class="label">98</a> - “Historia Critica,” I. cap. xxviii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_99" href="#FNanchor_99" class="label">99</a> - Eymeric, pars iii. p. 286—“Modus interrogandi reum accustum.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_100" href="#FNanchor_100" class="label">100</a> - “Directorum,” pars. iii. Schol. xix.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_101" href="#FNanchor_101" class="label">101</a> - Schol. xxvii (pars iii.).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_102" href="#FNanchor_102" class="label">102</a> - “Directorium,” iii. p. 293.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_103" href="#FNanchor_103" class="label">103</a> - Schol. xxix. (lib. iii.).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_104" href="#FNanchor_104" class="label">104</a> - See “Directorium,” iii. Schol. xxix.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_105" href="#FNanchor_105" class="label">105</a> - “Directorium,” iii. Schol. xxvi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_106" href="#FNanchor_106" class="label">106</a> - Schol. xxvi. lib. iii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_107" href="#FNanchor_107" class="label">107</a> - Pars iii. quæst. lxi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_108" href="#FNanchor_108" class="label">108</a> - Schol. cxviii.; lib. iii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_109" href="#FNanchor_109" class="label">109</a> - “Directorium,” pars iii. p. 313 <i>et seq.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_110" href="#FNanchor_110" class="label">110</a> - Schol. cxviii.; lib. iii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_111" href="#FNanchor_111" class="label">111</a> - “Historia Inquisitionis,” p. 332.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_112" href="#FNanchor_112" class="label">112</a> - See, <i>inter alia</i>, Melgares Marin, “Procedimientos de la Inquisicion,” -i. p. 253. This author says that sometimes the patient would be left -hanging for as long as three hours.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_113" href="#FNanchor_113" class="label">113</a> - See Melgares Marin, “Procedimientos,” i. p. 256.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_114" href="#FNanchor_114" class="label">114</a> - Schol. cxviii. lib. iii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_115" href="#FNanchor_115" class="label">115</a> - “Directorium,” pars iii. quæst. lxxiii</p></div> - -<div class="footnote"> - -<p><a id="Footnote_116" href="#FNanchor_116" class="label">116</a> - “Directorium,” pars ii. quæst. xxxiv.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_117" href="#FNanchor_117" class="label">117</a> - “Directorium,” iii. p. 338.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_118" href="#FNanchor_118" class="label">118</a> - “Sed si fortassis per iniquos testis est convictus, ferat id æquo -animo ac lætatur quod pro veritatem patiatur.” “Directorium,” pars iii. -Schol. lxvi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_119" href="#FNanchor_119" class="label">119</a> - Schol. lxviii. pars iii.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_120" href="#FNanchor_120" class="label">120</a> - Eymeric, lib. ii.; quæst. lviii. and Pegna, lib. ii.; Schol. lxiv.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_121" href="#FNanchor_121" class="label">121</a> - Lib. iii. p. 331.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_122" href="#FNanchor_122" class="label">122</a> - Lib. ii. Schol. lxiv.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_123" href="#FNanchor_123" class="label">123</a> - Eymeric, lib. iii. p. 331.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_124" href="#FNanchor_124" class="label">124</a> - See “Essai sur les Mœurs.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_125" href="#FNanchor_125" class="label">125</a> - “Rogamus tamen et efficaciter dictam curiam sæcularem quod, -circa te, citra sanguinis effusionem et mortis periculum sententiam suam -moderetur.”—“Directorium,” pars iii.—“Forma Ferendi Sententiam,” -p. 549.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_126" href="#FNanchor_126" class="label">126</a> - “Vida de Arbués,” p. 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_127" href="#FNanchor_127" class="label">127</a> - Llorente, “Anales,” vol. i. p. 116.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_128" href="#FNanchor_128" class="label">128</a> - Zurita, “Anales,” lib. xx. cap. lxv.; Amador de los Rios, “Historia -Social,” lib. iii. p. 262; Garcia de Trasmiera, “Vida de Pedro Arbués.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_129" href="#FNanchor_129" class="label">129</a> - Llorente, “Anales,” vol. i. p. 181.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_130" href="#FNanchor_130" class="label">130</a> - “Vida de Arbués,” p. 82.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_131" href="#FNanchor_131" class="label">131</a> - Llorente, “Memoria Historica,” p. 112, and “Historia Critica,” vol. i. -p. 205.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_132" href="#FNanchor_132" class="label">132</a> - “Historia Critica,” vol. ii. cap. vi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_133" href="#FNanchor_133" class="label">133</a> - “Historia Critica,” vol. ii. cap. vi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_134" href="#FNanchor_134" class="label">134</a> - Another advantage was that any member of this confraternity was -entitled to plead benefit of clergy, so that no civil court could take proceedings -against him.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_135" href="#FNanchor_135" class="label">135</a> - See “Instrucciones hechas en 1485, etc.,” in the “Copilacion de las -Instrucciones.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_136" href="#FNanchor_136" class="label">136</a> - “Historia Verdadera,” vol. iii. p. 165.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_137" href="#FNanchor_137" class="label">137</a> - “Historia de los Judios,” vol. iii. p. 272.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_138" href="#FNanchor_138" class="label">138</a> - See “Instrucciones hechas en 1488, etc.,” in “Copilacion de las -Instrucciones.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_139" href="#FNanchor_139" class="label">139</a> - “Boletin de la Real Academia,” xi p. 296 <i>et seq.</i>, which see, and also -Llorente, “Anales,” ii. 110 <i>et seq.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_140" href="#FNanchor_140" class="label">140</a> - “Quia si in virido ligno hæc faciunt, in arido quid fiet?” (Luke -xxiii. 31). See Garcia Rodrigo, “Hist. Verdadera,” i. p. 373.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_141" href="#FNanchor_141" class="label">141</a> - Later on a cage was substituted for the stool.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_142" href="#FNanchor_142" class="label">142</a> - See “Boletin,” xi. p. 310 <i>et seq.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_143" href="#FNanchor_143" class="label">143</a> - See “Anales” under the dates given.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_144" href="#FNanchor_144" class="label">144</a> - “Boletin de la Academia, etc.,” vol. xi. p. 296 <i>et seq.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_145" href="#FNanchor_145" class="label">145</a> - Lumbreras, quoted by Llorente, “Anales,” i. p. 132. The bull is -quoted in full by M. Fidel Fita, “Boletin,” xvi. p. 315.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_146" href="#FNanchor_146" class="label">146</a> - Llorente, “Historia Critica,” tom. ii. p. 118.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_147" href="#FNanchor_147" class="label">147</a> - Lumbreras, quoted by Llorente, “Anales,” vol. i. p. III.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_148" href="#FNanchor_148" class="label">148</a> - Lumbreras, quoted by Llorente in “Anales,” vol. i. p. 138.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_149" href="#FNanchor_149" class="label">149</a> - “De Origine,” p. 276.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_150" href="#FNanchor_150" class="label">150</a> - “Historia Critica,” tom. ii. p. 146.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_151" href="#FNanchor_151" class="label">151</a> - Paramo, “De Origine,” p. 157.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_152" href="#FNanchor_152" class="label">152</a> - See H. del Castillo, “Historia General de Santo Domingo.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_153" href="#FNanchor_153" class="label">153</a> - “Boletin de la Academia,” vol. xxiii. p. 413.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_154" href="#FNanchor_154" class="label">154</a> - Castillo, “Historia de Sto. Domingo,” pt. i. p. 486.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_155" href="#FNanchor_155" class="label">155</a> - Ariz, “Historia de Avila,” vol. i. p. 46.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_156" href="#FNanchor_156" class="label">156</a> - Paramo, “De Origine,” p. 158.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_157" href="#FNanchor_157" class="label">157</a> - “Historia Verdadera,” vol. ii. p. 115.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_158" href="#FNanchor_158" class="label">158</a> - The case of the “Santo Niño of La Guardia.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_159" href="#FNanchor_159" class="label">159</a> - Fidel Fita in “Boletin,” vol. xvi. p. 315.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_160" href="#FNanchor_160" class="label">160</a> - Llorente, “Anales,” vol. i. p. 168, and Torrejoncillo, “Centinela -contra Judios.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_161" href="#FNanchor_161" class="label">161</a> - Fidel Fita in “Boletin,” vol. xi. p. 160.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_162" href="#FNanchor_162" class="label">162</a> - “Historia del Santo Niño,” p. 40.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_163" href="#FNanchor_163" class="label">163</a> - “Rummage” is the only word that does justice to the original: -“El judio andaba buscando el corazon, revolviendo las entrañas con su -mano carniciera, y no lo hallando, le preguntó: ‘Que buscas, Judio? Si -buscas el corazon yerras buscandolo en esa parte, buscalo al otro lado y -lo incontrarás.’”—“Historia del Santo Niño,” p. 50.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_164" href="#FNanchor_164" class="label">164</a> - “Historia del Santo Niño,” p. 95.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_165" href="#FNanchor_165" class="label">165</a> - “Historia del Santo Niño,” p. 98 <i>et seq.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_166" href="#FNanchor_166" class="label">166</a> - There is a great deal more of this, but the alleged insults become too -obscene for translation.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_167" href="#FNanchor_167" class="label">167</a> - But they did not find the body—a circumstance which appears to -be here slurred over.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_168" href="#FNanchor_168" class="label">168</a> - Fidel Fita in “Boletin de la Real Academia,” vol. xi. p. 35. “Mas -de lo que sabia” is the actual and rather ambiguous phrase. It may mean -either that he had related more than was known to him at the time of the -torture—<i>i.e.</i> more than was actually true; or that he had said more than -he knew—<i>i.e.</i> more than he could recall—now, at the time of his conversation -with Yucé Franco.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_169" href="#FNanchor_169" class="label">169</a> - See this upon his own word, as related in Yucé Franco’s depositions -(“Boletin,” xi. p. 35 <i>et seq.</i>) and admitted by himself.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_170" href="#FNanchor_170" class="label">170</a> - “Boletin,” xi. p. 60.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_171" href="#FNanchor_171" class="label">171</a> - “... estava alli sobre una <small>MITA</small> de <small>NAHAR</small> que avido sido como de -la manera de <span class="smcap">Otohays</span>.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_172" href="#FNanchor_172" class="label">172</a> - See Loeb in “Revue des Etudes Juives,” vol. xv. p. 218.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_173" href="#FNanchor_173" class="label">173</a> - This is not only in the depositions of Frey Alfonso Enriquez and the -physician Avila (“Boletin,” xi. pp. 56 and 57), but it is also admitted and -corroborated in detail by Yucé Franco himself in his examination of -September 16, 1491 (<i>ibid.</i> p. 58).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_174" href="#FNanchor_174" class="label">174</a> - “Boletin,” vol. xxiii. p. 413.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_175" href="#FNanchor_175" class="label">175</a> - “Boletin,” xi. p. 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_176" href="#FNanchor_176" class="label">176</a> - “Boletin,” xi. p. 29.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_177" href="#FNanchor_177" class="label">177</a> - By Eymeric in the “Directorium.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_178" href="#FNanchor_178" class="label">178</a> - “Boletin,” vol. xi. p. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_179" href="#FNanchor_179" class="label">179</a> - Such is the consistent but obviously inaccurate spelling of the name.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_180" href="#FNanchor_180" class="label">180</a> - “Boletin,” xi. p. 16.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_181" href="#FNanchor_181" class="label">181</a> - “Boletin,” xi. p. 21.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_182" href="#FNanchor_182" class="label">182</a> - “Boletin,” xi. p. 32.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_183" href="#FNanchor_183" class="label">183</a> - <i>Ibid.</i> p. 46.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_184" href="#FNanchor_184" class="label">184</a> - “Boletin,” xi. p. 32 <i>et seq.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_185" href="#FNanchor_185" class="label">185</a> - “Boletin,” xi. p. 46.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_186" href="#FNanchor_186" class="label">186</a> - <i>Ibid.</i> p. 32.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_187" href="#FNanchor_187" class="label">187</a> - <i>Ibid.</i> p. 46.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_188" href="#FNanchor_188" class="label">188</a> - “Boletin,” xi. pp. 30-38.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_189" href="#FNanchor_189" class="label">189</a> - <i>Ibid.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_190" href="#FNanchor_190" class="label">190</a> - <i>Ibid.</i> p. 31.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_191" href="#FNanchor_191" class="label">191</a> - “Boletin,” xi. p. 39.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_192" href="#FNanchor_192" class="label">192</a> - “E que lo diesen palabra e seguro de perdón e seguridad de todos -sus errores e de su persona e de su padre.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_193" href="#FNanchor_193" class="label">193</a> - “Que les plasia con tanto que en todo dixiese enteramente la -verdad, porque ellos bien conoscerian poco más ó menos si la diria.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_194" href="#FNanchor_194" class="label">194</a> - “Boletin,” xi. p. 26.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_195" href="#FNanchor_195" class="label">195</a> - “Revue des Etudes Juives,” vol. xv. p. 232.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_196" href="#FNanchor_196" class="label">196</a> - “Boletin,” xi. 52.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_197" href="#FNanchor_197" class="label">197</a> - “Boletin,” xi. p. 55.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_198" href="#FNanchor_198" class="label">198</a> - <i>Ibid.</i> p. 50.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_199" href="#FNanchor_199" class="label">199</a> - “Boletin,” xi. p. 52.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_200" href="#FNanchor_200" class="label">200</a> - <i>Ibid.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_201" href="#FNanchor_201" class="label">201</a> - Which was framed upon the sentence ultimately passed.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_202" href="#FNanchor_202" class="label">202</a> - All this is contradicted by Juan Franco’s later confession that he -himself procured the child from Toledo, and brought him to the cave. -The name of the child’s father is as much a fiction as the rest of this -vindictive deposition.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_203" href="#FNanchor_203" class="label">203</a> - “Boletin,” xi. p. 24.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_204" href="#FNanchor_204" class="label">204</a> - “Boletin,” xi. p. 26.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_205" href="#FNanchor_205" class="label">205</a> - “Boletin,” xi. p. 72.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_206" href="#FNanchor_206" class="label">206</a> - <i>Ibid.</i> p. 78.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_207" href="#FNanchor_207" class="label">207</a> - <i>Ibid.</i> p. 80.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_208" href="#FNanchor_208" class="label">208</a> - “Boletin,” xi. p. 80.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_209" href="#FNanchor_209" class="label">209</a> - <i>Ibid.</i> p. 87.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_210" href="#FNanchor_210" class="label">210</a> - “Boletin,” xi. p. 91.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_211" href="#FNanchor_211" class="label">211</a> - <i>Ibid.</i> p. 90.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_212" href="#FNanchor_212" class="label">212</a> - <i>Ibid.</i> p. 91.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_213" href="#FNanchor_213" class="label">213</a> - <i>Ibid.</i> p. 89.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_214" href="#FNanchor_214" class="label">214</a> - “Boletin,” xi. p. 97.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_215" href="#FNanchor_215" class="label">215</a> - “Boletin,” xi. p. 94.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_216" href="#FNanchor_216" class="label">216</a> - <i>Ibid.</i> p. 421.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_217" href="#FNanchor_217" class="label">217</a> - “Boletin,” xi. p. 113.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_218" href="#FNanchor_218" class="label">218</a> - “Boletin,” xi. p. 421.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_219" href="#FNanchor_219" class="label">219</a> - “Boletin,” xii. p. 169.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_220" href="#FNanchor_220" class="label">220</a> - “Revue des Etudes Juives,” vol. xv. p. 232.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_221" href="#FNanchor_221" class="label">221</a> - See “Boletin,” xiii. p. 113.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_222" href="#FNanchor_222" class="label">222</a> - “Y se halló la verdad y demonstracion de todo ello.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_223" href="#FNanchor_223" class="label">223</a> - See the phrases quoted in the “Testimonio.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_224" href="#FNanchor_224" class="label">224</a> - “Historia del Martirio,” p. 83.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_225" href="#FNanchor_225" class="label">225</a> - “Historia,” p. 146.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_226" href="#FNanchor_226" class="label">226</a> - Amador de los Rios, “Historia de los Judios,” vol. iii. p. 292.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_227" href="#FNanchor_227" class="label">227</a> - “Cronica,” cap. xlvi.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_228" href="#FNanchor_228" class="label">228</a> - The castellano was worth 480 maravedis.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_229" href="#FNanchor_229" class="label">229</a> - “Anales,” vol. i. p. 199.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_230" href="#FNanchor_230" class="label">230</a> - See “Centinela,” p. 153.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_231" href="#FNanchor_231" class="label">231</a> - See Llorente, “Anales,” vol. i. p. 196, and “Centinela,” p. 86.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_232" href="#FNanchor_232" class="label">232</a> - See “Centinela,” p. 152.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_233" href="#FNanchor_233" class="label">233</a> - Llorente, “Anales,” vol. i. p. 182.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_234" href="#FNanchor_234" class="label">234</a> - Paramo, “De Origine,” p. 143; Llorente, “Historia Critica,” ii. p. 114.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_235" href="#FNanchor_235" class="label">235</a> - The edict is quoted in full in Appendix IV. of Amador de los Rios’ -“Historia de los Judios.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_236" href="#FNanchor_236" class="label">236</a> - See the text of the edict in Rios’ “Historia de los Judios,” Appendix -IV.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_237" href="#FNanchor_237" class="label">237</a> - Amador de los Rios (iii. p. 310) very reasonably questions their -being permitted to take money in bills of exchange, although the statement -is contained in Bernaldez’ “Chronicle,” and is mentioned by other -contemporaries.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_238" href="#FNanchor_238" class="label">238</a> - “Historia,” tom. i. cap. cx.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_239" href="#FNanchor_239" class="label">239</a> - “Historia de los Judios,” vol. iii. p. 311.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_240" href="#FNanchor_240" class="label">240</a> - Colmenares, “Hist. Segovia,” cap. xxxv. § ix.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_241" href="#FNanchor_241" class="label">241</a> - “Historia,” tom. i. cap. cx.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_242" href="#FNanchor_242" class="label">242</a> - Llorente, “Anales,” vol. i. p. 190.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_243" href="#FNanchor_243" class="label">243</a> - Bernaldez, “Historia,” tom. i. p. 339.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_244" href="#FNanchor_244" class="label">244</a> - “Historia,” tom. i. cap. cx.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_245" href="#FNanchor_245" class="label">245</a> - The cruzado is of the value of a florin, but with the purchasing power -then of at least five times that sum.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_246" href="#FNanchor_246" class="label">246</a> - “Historia,” tom. i. p. 344.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_247" href="#FNanchor_247" class="label">247</a> - <i>Ibid.</i> p. 338.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_248" href="#FNanchor_248" class="label">248</a> - Zurita, “Anales,” lib. i. cap. iv.; Salazar de Mendoza, “Monarquia de -España,” iii. p. 338.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_249" href="#FNanchor_249" class="label">249</a> - “Historia,” lib. xxvi. cap. i.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_250" href="#FNanchor_250" class="label">250</a> - See Amador de los Rios, “Historia de los Judios,” vol. iii. p. 316.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_251" href="#FNanchor_251" class="label">251</a> - Paramo states that it was. See “De Origine,” p. 143, and also -Salazar de Mendoza, “Monarquia de España,” iii. p. 337.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_252" href="#FNanchor_252" class="label">252</a> - Paramo, “De Origine,” p. 156.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_253" href="#FNanchor_253" class="label">253</a> - “Historia Critica,” tom. ii. p. 125.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_254" href="#FNanchor_254" class="label">254</a> - Colmenares, “Hist. Segovia,” cap. xxxv., and Paramo, “De Origine,” -lib. ii. cap. iv. Paramo says that the Bishop had “causa propria” as well -as the defence of his grandfather’s bones to take him to Rome.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_255" href="#FNanchor_255" class="label">255</a> - Burchard, “Diarium” (Thuasne Ed.), ii. p. 163.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_256" href="#FNanchor_256" class="label">256</a> - Burchard, “Diarium” (Thuasne Ed.), ii. pp. 409 and 494.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_257" href="#FNanchor_257" class="label">257</a> - Limborch, lib. xiv. cap. 41; Llorente, “Historia Critica,” tom. ii. -p. 126; Burchard, “Diarium,” ii. 494, iii. 13—.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_258" href="#FNanchor_258" class="label">258</a> - Llorente, “Hist. Critica,” ii. p. 126. It was alleged against Aranda -that in the course of his Judaizing, when praying he would always say -“Gloria Patri” purposely omitting the “Filio et Spiritu Sancto,” that he -took food before celebrating Mass, that he ate meat on Good Fridays and -other days of abstinence, that he denied the efficacy of indulgences, and -did not believe in Hell or Purgatory, and much else. See Burchard, -“Diarium,” iii. p. 14.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_259" href="#FNanchor_259" class="label">259</a> - “Anales,” tom. i. p. 214.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_260" href="#FNanchor_260" class="label">260</a> - Paramo, “De Origine,” p. 156.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_261" href="#FNanchor_261" class="label">261</a> - Lumbreras, quoted by Llorente, “Anales,” tom. i. p. 215.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_262" href="#FNanchor_262" class="label">262</a> - Llorente, “Anales,” tom. i. p. 222.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_263" href="#FNanchor_263" class="label">263</a> - Paramo, “De Origine,” p. 159.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_264" href="#FNanchor_264" class="label">264</a> - “Historia Critica,” tom. ii. p. 77.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_265" href="#FNanchor_265" class="label">265</a> - <i>Ibid.</i> ii. p. 78.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_266" href="#FNanchor_266" class="label">266</a> - See “Copilacion de las Instrucciones,” under date.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_267" href="#FNanchor_267" class="label">267</a> - This is the figure given by Burchard, and is the most authoritative -(“Diarium,” ii. 492). Llorente says “250,” and Sanuto (“Diario,” i. -col. 1029) “zercha 300 marrani.”</p></div> - -<div class="footnote"> - -<p><a id="Footnote_268" href="#FNanchor_268" class="label">268</a> - Llorente, “Anales,” tom. i. p. 238; Burchard, “Diarium,” ii. pp. 491-2. -Sanuto the Venetian diarist reports the matter from letters received -from Rome with a sarcasm entirely characteristic: “The Pontiff sent some -300 <i>marranos</i> in penitence to the Minerva, dressed in yellow, candle in -hand: this was their public penance; the secret one would be of their -money....” (“Diario,” i. col. 1029).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_269" href="#FNanchor_269" class="label">269</a> - Lumbreras, quoted by Llorente, “Anales,” tom. i. p. 238.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_270" href="#FNanchor_270" class="label">270</a> - “History of Ferdinand and Isabella,” vol. i. p. 286. -</p> -<p> -Llorente estimates the number of Torquemada’s victims at 8,800 burnt, -6,500 burnt in effigy, and 90,000 penanced in various degrees. These -figures, however, are unreliable and undoubtedly exaggerated, although -they are in themselves a correction of his earlier estimate, which fixes the -number of burnt at upwards of 10,000—an estimate flagrantly preferred by -Dr. Rule and other partisan writers on the subject.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_271" href="#FNanchor_271" class="label">271</a> - “Hist. Verdadera,” vol. ii, p. 113.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_272" href="#FNanchor_272" class="label">272</a> - Paramo, “De Origine,” p. 159.</p></div> -</div> - -<div class="transnote"> - -<h3>Transcriber’s Note:</h3> - -<p>Inconsistent spelling and hyphenation are as in the original.</p> -</div> - - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of Torquemada and the Spanish Inquisition, by -Rafael Sabatini - -*** END OF THIS PROJECT GUTENBERG EBOOK TORQUEMADA, SPANISH INQUISITION *** - -***** This file should be named 53021-h.htm or 53021-h.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/3/0/2/53021/ - -Produced by Josep Cols Canals, Wayne Hammond and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive/Canadian Libraries) - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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