CHAPTER VII.

PROPOSITIONS.

[Sidenote: _DELATION HABITUAL_]

Although the Spanish Inquisition was founded for the suppression of

crypto-Judaism, it promptly vindicated its jurisdiction over all

aberrations from the faith. There were, at the time, no other formal

heresies in Spain, but the people at large were not universally versed

in all the niceties of theology, and the supineness of the spiritual

courts permitted a licence of speech in which the trained theologian

could discern potentialities of error. All this the Inquisition

undertook to correct and ultimately, under the general denomination of

"Propositions," there developed an extensive field of action, which

towards the end became the principal function of the institution.

Reckless or thoughtless expressions, uttered in anger or in jest, or

through ignorance or carelessness, gave to pious zeal or to malice the

opportunity of secret denunciation, which in time impressed upon every

Spaniard the necessity of caution, and left its mark upon the national

character. As we have seen, the closest family ties did not release from

the obligation of accusation, and every individual lived in an

atmosphere of suspicion, surrounded by possible spies of his own

household.[305] Men of the highest standing for learning or piety,

moreover, were exposed to the torture of prolonged prosecution and

possible ruin, for words spoken or written to which an heretical intent

could be ascribed, in relation to the obscurest points of theology, and

thus the development of the Spanish intellect was arrested at the time

when it promised to become dominant in Europe. From every point of view,

therefore, the miscellaneous offences, grouped under the general term

of Propositions, was by no means the least noteworthy subject of

inquisitorial activity.[306]

How soon began the espionage, which eventually brought every man under

its baneful influence, is seen in the case of Juan de Zamora, condemned

in the Saragossa auto of February 10, 1488, to perpetual prison, because

at Medina, in chatting with some casual aquaintances, he was said to

have spoken disrespectfully of the Eucharist and to have denied the real

presence, while, in the auto of May 10, 1489, Juan de Enbun, a notary,

was penanced for saying that he cared more for ten florins than for

God.[307] Even more significant of the danger overhanging every man was

the case of Diego de Uceda, before the Toledo tribunal, in 1494, on the

very serious charges of having said that the Eucharist was only bread,

that so villanous a crew as the Jews could not have put Christ to death,

and that he ate meat on fast-days. He explained that, some six or eight

years before, at Fuensalida, a priest in celebrating found the wafer

broken and angrily cast it on the floor, ordering the sacristan to bring

him another; the people were scandalized and Diego sought to quiet them

by explaining that the wafer before consecration was only bread. The

next charge arose from a remark in a discussion on an exuberant sermon

on the Passion. As for the third, he proved that he was a devout

Catholic, punctual in all observance, with a special devotion to St.

Gregory, to whose intercession he attributed his relief from a chronic

trouble of stomach and liver, that had forced him at one time to eat

meat on fast-days. He lay in the secret prison for six months, with

sequestration of property, and was finally sentenced to compurgation,

which he performed with the Count of Fuensalida and two priests as his

compurgators, but had he not been a man of standing and influence he

might have been burnt as an impenitent heretic.[308] There was no

prescription of time for heresy, and trivial matters occurring years

before might thus at any moment be brought up, when they had faded from

the memory of all but those who had a grudge to satisfy.

The ever-present danger impending over every man is well illustrated by

the case of Alvaro de Montalvan, a septuagenarian, in 1525. Returning to

Madrid, after a day's pleasure excursion in the country, Alonso Rúiz, a

priest, who was of the party, took occasion to moralize on the troubles

of life, in comparison with the prospects of future bliss. Alvaro (who

subsequently pleaded that he was in his cups) remarked that we know what

we have here but know nothing of the future. Some six months later, one

of the party, in his Easter confession, chanced to mention this, and was

instructed to denounce Alvaro. He was arrested and, on searching the

records, it was found that, nearly forty years before, in 1486, during a

term of grace, he had confessed to some Jewish observances without

intention, and was discharged without reconciliation or penance. On this

new charge he was made to confess intention and was sentenced, October

18, 1525, to reconciliation, confiscation and perpetual prison, the

latter being commuted, November 27, 1527, to confinement in his own

house.[309]

[Sidenote: _TRIVIALITIES_]

There was scarce anything, however innocently spoken, that might not be

tortured into a censurable sense and as, in so wide and vague a region,

no formal rules could be enunciated to restrain inquisitorial zeal, it

afforded ample opportunity for oppression and cruelty, especially before

the tribunals were thoroughly subordinated to the Suprema. The

occasional visitations by an inspector might reveal abuses but could

not prevent them. That of de Soto Salazar at Barcelona affords ample

evidence of the recklessness with which inquisitors exercised their

power. In 1564 we hear of a physician, Maestre Pla, prosecuted for

saying that his wife was so exhausted that she looked like a crucifix

dead with hunger. Juan Garaver, a swineherd, was forced to appear in an

auto with a mitre, followed by scourging, for saying that if he had

money and enough to eat, the devil might take his soul--which the

Suprema decided to belong to episcopal and not to inquisitorial

cognizance. It rebuked the tribunal sharply for relaxing Guillen

Berberia Guacho for a single proposition, without calling in learned men

to persuade and advise him, especially as one of the witnesses stated

that he uttered the words in French. Clemensa Paresa was fined ten

ducats and penanced for saying "You see me well enough off in this world

and you will not see me punished in the other," and Juana Seralvis, for

the same utterance was condemned to public penance. Badia, priest of

Falset, was fined twenty ducats, with spiritual penances, for saying

that he would not forgive God. Juan Canalvero was fined six ducats and

penanced for saying that he would cheat his father or God in buying or

selling. There were many other similar cases, in some of which the

Suprema ordered the fines to be returned and the names to be stricken

from the registers.[310]

The very triviality of these cases illustrates the atmosphere of

suspense and distrust in which the Spanish population existed, nor can

their full import be realized unless we remember that, slight as the

penalties may seem, they were the least part of the punishment, for

penancing by the Inquisition was fatal to limpieza. How readily a man's

career could thus be ruined by rivals or enemies is seen in the case of

the Dominican Alonso de los Raelos in the Canaries. In 1568 some

assertions of his respecting purgatory attracted attention, but led to

no formal trial, because he did not deny its existence, and theologians

are not agreed as to its exact locality and character. Some years later,

there were feuds in the Order, due to an attempt to erect the Canaries

into a separate province, when the prior, Blas de Merino, who hoped to

become provincial, and who regarded Fray Alonso as a possible rival,

accused him to the tribunal for this proposition. He was thrown into

prison and, in 1572, was sentenced to penance and reclusion, thus

rendering him ineligible.[311]

We have seen in the previous chapter the penalties regarded as

sufficient for the crime of seduction in the confessional, and a

comparison between these and the punishments inflicted for utterances in

the heat of discussion and indicative of no settled tendency to heresy,

reveal the very curious standard of ethics prevalent at the period. In

1571, a priest named Miguel Lidueña de Osorio was accused in Valencia of

having said that the bishops at the Council of Trent deserved to be

burnt, because they assumed to be popes, and moreover that St. Anne was

deserving of higher honor than St. Joaquin. For this he was required to

abjure _de vehementi_, he was suspended from orders, recluded for six

years and banished perpetually from Valencia.[312] It was not often that

flagrant cases of solicitation were visited with such severity.

[Sidenote: _RULES OF PROCEDURE_]

The infinite varieties and intangible nature of the offence rendered

impossible the formulation of hard and fast rules for the tribunals,

which were thus left to their discretion in a matter which was

constantly forming a larger portion of inquisitorial business. The space

devoted to it by Rojas, in his little book, indicates its growing

importance, and he tells us that he was led to treat it thus at length

because so many of the accused admit the facts, while denying belief and

intention, and he had seen such diametrically opposite modes of

treatment and punishment adopted in different tribunals. He is emphatic

in insisting on the allowance to be made for the ignorance and rusticity

of most of the culprits, and he points out that, in view of the

restrictions on the defence, the inquisitor should be especially careful

to give weight to whatever could be alleged in favor of the accused,

whether he were ignorant and rude, or learned and subtle. The manner and

occasion of the utterance ought to be carefully considered, as well as

the nativity of the speaker, if he comes from lands where heresy

flourishes. How much depended on the temper of the tribunal is exhibited

in a case in which a man, going to hear mass and finding that it was

over, said "faith alone suffices" and was prosecuted for the remark.

Rojas decided that he was not to be held as asserting that faith without

works suffices, which would be heretical, for doubtful words are to be

interpreted according to circumstances, but a more zealous or less

conscientious inquisitor could readily have convicted him. For ordinary

cases, he tells us, the accused should rarely be confined in the secret

prison; the abjuration may be _de levi_ or _de vehementi_ according to

circumstances, and the extraordinary punishment should be scourging or

fines.[313]

As the Suprema gradually assumed control over the tribunals, there grew

up certain more or less recognized rules of procedure. Thus, if there

was evidence of heretical utterances, and the accused confessed them but

denied intention, he was to be tortured; if this brought confession of

intention, he was to be reconciled with confiscation in a public auto as

a formal heretic; if he overcame the torture he had to abjure _de

vehementi_ in an auto, with scourging, vergüenza, exile etc., according

to his station and the character of the propositions. This, we are told,

was merciful, for the common opinion of the doctors was that, if the

propositions were formally heretical, the offender should be relaxed, in

spite of his denying intention. Mercy was carried even further for, if

ignorance was alleged with probable justification, the accused was not

tortured nor condemned as a heretic, but abjured _de levi_, with

discretional penalties. There was moreover, as we have seen, a vast

range of propositions in which heresy was only inferential,

characterized as scandalous, offensive to pious ears etc., for which

abjuration _de levi_ was considered sufficient, with spiritual

penances.[314]

In this enumeration of penalties there is no allusion to fines, which,

however, were by no means neglected. In 1579, for instance, the

Bachiller Montesinos, in defending an adultress, put in an argument of

cynical ingenuity to prove that she had committed no sin. This was

transmitted to the Toledo tribunal, whose calificadores found in it four

heretical propositions besides a citation from St. Paul amounting to

heretical blasphemy. Montesinos threw himself on the mercy of the

tribunal, wept and wrung his hands, protested that he must have been out

of his senses, owing to old age, and offered every excuse that he could

suggest. He escaped with abjuration _de levi_, six months' suspension

from his functions as an advocate, and a fine of eight thousand

maravedís. Many similar cases could be cited from the Toledo record, but

two more will suffice. In 1582, the Bachiller Pablo Hernández denounced

himself for having, in the heat of discussion, been led on to say that

in canonizations the pope had to rely upon witnesses who might be false

and therefore it was not necessary to believe that all so canonized were

saints. He was sentenced to abjure _de levi_, to pay six thousand

maravedís, and to have his sentence read in his parish church while he

heard mass. From this he appealed to the Suprema, which remitted the

humiliation in church, but thriftily increased the fine to twenty

thousand maravedís. In 1604 the tribunal had a richer prize, in an old

German named Giraldo Paris, a resident of Madrid who seems to have been

a dabbler in alchemy. He was accused of saying that the Old Testament

was a fable, that St. Job was an alchemist, the Christian faith was a

matter of opinion and much more of the same kind. The evidence must have

been flimsy for, serious as were these charges, there was _discordia_ on

the question of arresting him, and it required an order from the Suprema

before he was confined in the secret prison. He gradually confessed the

truth of the charges, but was not sentenced to reconciliation, escaping

with absolution _de vehementi_, a year's reclusion in a monastery, the

surrender of all books and papers dealing with alchemy and

quintessences, and a fine of three thousand ducats. The general

impression produced by a group of these cases is that scourging was

reserved for those too poor to pay a moderate fine, and that fines were

scaled rather upon the ability of the culprit than on the degree of his

guilt.[315] In determining penalties, however, it was advised that

considerable weight in extenuation should be allowed for drunkenness,

and for the readiness and frankness of the culprit in confessing, as

well as for his ignorance or simplicity.[316]

* * * * *

[Sidenote: _MARRIAGE BETTER THAN CELIBACY_]

There were two special propositions, which were so widely held and came

so repeatedly before the tribunals that they almost form a special

class. One of these was the assertion that the married state is as good

as or better than that of celibacy as prescribed for clerics and

religious. That this was plainly heretical could not be doubted after

the anathema of the Council of Trent in 1563, and its prevalence is a

noteworthy fact.[317] In the Toledo record, from 1575 to 1610, there

are thirty cases of this: in strictness, as the assertion of a doctrine

contrary to the teachings of the Church, and condemned as heretical, it

should have been visited with reconciliation, or at least with

abjuration _de vehementi_ and heavy penalties, but, as the heresy was

one of Tridentine definition and a novelty, it was mercifully treated

with abjuration _de levi_ and usually with a moderate fine or vergüenza,

or even with less. Extreme leniency was shown to Sebastian Vallejo, in

1581, who had declared that if he had a hundred daughters he would not

make nuns of them, in view of the licentiousness of the frailes, for

those in the convents were as lecherous as those outside; no parent

should put his children in religion until they were of full age and, as

to marriage, he advanced the customary argument that it was established

by God, while monachism was the work of the saints. He came to denounce

himself and pleaded drunkenness in extenuation, which probably explains

his escape with a reprimand. Soon after this María de Orduña was treated

with equal mercy, on denouncing herself for the same offence, the reason

alleged being that she was a very simple-minded woman.[318] As the

offence was thus lightly regarded, it follows that torture was not

permitted in the prosecution.[319] The error was difficult of

eradication. In 1623 a writer calls attention to the number of cases

still coming before the tribunals, and suggests for its repression that

the sentences be read in the churches of the offenders, so that a

knowledge of the erroneous character of the assertion should be

disseminated.[320] Some twenty years later it still was sufficiently

frequent to be treated as a separate class, though we are told that it

was visited with less severity than of old, as it presumably arose from

ignorance and was not to be considered as a heresy.[321] This is

remarkable in view of the ease with which it might have been regarded as

Lutheran.

A still more frequent proposition, which gave much trouble to eradicate,

was that fornication between unmarried folk is not a mortal sin.

Although the theologians held that this assertion in itself was a mortal

sin,[322] there was really in it nothing that savored of heresy, and its

cognizance by the Inquisition was an arbitrary extension of

jurisdiction without justification. Perhaps there was some confused

conception that it was derived from the Moors whose sexual laxity was

well known, but the usual argument offered in its defence, by those who

entertained it, was the toleration by the State of public women and of

brothels, whence the inference was natural that it could not be a mortal

sin.

[Sidenote: _FORNICATION NOT SINFUL_]

It seems to have been between 1550 and 1560 that the Inquisition

commenced its efforts to suppress this popular error. The earliest

record of its action that I have met occurs in the great Seville auto of

September 24, 1559, where there were no less than twelve cases, of whom

eight abjured _de levi_, one _de vehementi_, six were paraded in

vergüenza, four were scourged with a hundred lashes (of whom one was a

woman) and two heard mass as penitents.[323] The requirement of

abjuration shows that suspicion of heresy was already attributed to the

proposition, but this as yet was not universally accepted for, in 1561,

the Suprema wrote to the tribunal of Calahorra that Pedro Cestero, whom

it had penanced for this offence, ought to have been prosecuted as a

heretic, for it would seem to be heresy.[324] Thus heresy was injected

into it and we speedily find it to be a leading source of business in

the Castilian tribunals. Seville was notably active. In the auto of

October 28, 1562, there were nineteen cases.[325] In that of May 13,

1565, out of seventy-five penitents, twenty-five were for this

proposition. The punishments were severe. All abjured _de levi_ and

appeared in their shirts with halter and candle; all but one were

gagged; fourteen were scourged with an aggregate of nineteen hundred

lashes; five were paraded in vergüenza, two were fined in two hundred

ducats apiece, and two others in a thousand maravedís each; six were

exiled and one was forbidden to leave Seville without permission.

Besides these there was one man who had a hundred lashes for saying that

there was no sin in keeping a mistress, and three women were penanced

for saying the same of living in concubinage, of whom two had a hundred

lashes apiece and the third was paraded in vergüenza. Two men appeared

for saying that keeping a mistress was better than marriage, of whom one

had the infliction of the gag. To these we may add two who held that

marriage was better than the celibacy of the frailes, and we have a

total of thirty-three cases, or nearly one-half of all in the auto, for

errors concerning the relations of the sexes.[326]

Active as was this work it did not satisfy the Suprema which, in a carta

acordada of November 23, 1573, speaks of the prevalence of the offence

as indicated in the reports of autos, and the little progress thus far

made in its suppression; greater vigor was therefore ordered and, in

future, all delinquents were to be prosecuted as heretics. This was

followed by another, October 2, 1574, ordering the proposition to be

included in the Edict of Faith, and yet another December 2^{d}, of the

same year, repeating the complaint of its frequency and the little

improvement accomplished. It was apparently an error of ignorance and,

to remedy this, a special edict was ordered to be published everywhere,

declaring it to be a heresy condemned by the Church, and that all

uttering and believing it would be punished as heretics; all preachers

moreover were to be instructed to warn and admonish the people from the

pulpits.[327]

All this was wholesome, and yet it is difficult to understand this

ardent zeal for the morals of the laity, when compared with the

slackness as to solicitation. Be this as it may, the activity of the

tribunals under this stimulus was rewarded with an abundant harvest of

culprits. We chance to hear of eight cases in the auto of 1579 at

Llerena and of five at Cuenca in 1585.[328] A more effective showing is

that of the Toledo record from 1575 to 1610, in which the number of

cases is two hundred and sixty-four--by far the largest aggregate of any

one offence, the Judaizers only amounting to a hundred and seventy-four

and the Moriscos to a hundred and ninety.[329] These statistics

comprehend only the tribunals of the crown of Castile; those at hand for

the kingdoms of Aragon are scanty but, from such as are accessible, it

would appear probable either that there was less energy or a much

smaller number of culprits. The only cases that I have happened to meet

are two in a Saragossa auto of June 6, 1585, while, in a Valencia list

for the five years 1598-1602, comprising in all three hundred and

ninety-two cases, there are but four of this offence and not a single

one in the reports for the three years 1604-6.[330]

Notwithstanding the characterization of the offence as heresy, torture

was not to be employed in the trial, although confinement in the secret

prison and sequestration were permitted.[331] The energy and severity

with which it was prosecuted virtually suppressed it in time. In 1623 a

writer speaks of it as less common than formerly and, in a list of the

cases tried at Toledo, commencing in 1648, the first one of this offence

occurs in 1650, the next in 1665 and the third in 1693. Thenceforth it

may be said practically to disappear from the tribunals, although as

late as 1792, Don Ambrosio Pérez, beneficed priest of Candamas was tried

for it in Saragossa and in 1818 there was a case in Valencia.[332] Thus

the Inquisition succeeded in suppressing the expression of the opinion

though, as it took no action against the sin, its influence on the side

of morality was inappreciable.

* * * * *

[Sidenote: _INTELLECTUAL REPRESSION_]

A reference to the cases of propositions tried by the Toledo tribunal

between 1575 and 1610 (see Vol. II, p. 552) will indicate the very

miscellaneous character of the utterances for which its interposition

was invoked. These involved culprits of all classes of society and as,

for the most part, they concerned theological questions of more or less

obscurity, this method of enforcing purity of faith frequently brought

under animadversion the foremost intellects of Spain and rendered the

Inquisition the instrument through which rivals or enemies could mar the

careers of those in whom lay the only hope of intellectual progress and

development. What between its censorship and the minute supervision,

which exposed to prosecution every thought or expression in which

theological malevolence could detect lurking tendencies to error, the

Spanish thinker found his path beset with danger. Safety lay only in the

well-beaten track of accepted conventionality and, while Europe, in the

seventeenth and eighteenth centuries, was passing through a period of

evolution, Spanish intellect became atrophied. The splendid promise of

the sixteenth century was blasted by the steady repression of all

originality and progress, and Spain, from the foremost of the nations,

became the last.

The minuteness of the captious criticism which exposed the most eminent

men to the horrors of inquisitorial prosecution can best be understood

by two or three cases. Of these perhaps the most notable is that of the

Augustinian Fray Luis de Leon, who was not only one of the most eminent

theologians of his day, and who was unsurpassed as a preacher, but who

ranks as a Castilian classic in both prose and poetry.[333] It is so

suggestive of inquisitorial procedure in such matters that it is worthy

of examination in some detail.

To a brilliant intellect Luis de Leon united a personal activity which

led him to take a prominent part in the feverish life of the schools,

not only in disputations but in the frequent rivalries and competitions,

through which professorial vacancies were filled, for in Salamanca the

professors were elected for terms of four years by the students of the

faculty to which the chair belonged, after a disputation between the

candidates. In these he had abundant opportunities of making enemies

for, at the age of 34, he had been elected to the chair of Thomas

Aquinas, from which he passed to that of Durandus. These opportunities

he largely improved, if we may trust his characterizations of the

numerous opponents whom he sought to disable as witnesses in the course

of his trial. Even in his own Order he had enemies, owing to his active

and influential participation in its internal politics.

Theological disputes are rarely wanting in rancor, no matter how minute

may be the points at issue. In Salamanca, not only were there frequent

disputations but, as the leading school of theology, questions were

frequently submitted to it by the Suprema on which conferences and

congregations were held, leading to interminable wrangles. Azpilcueta

tells us that this disputatious mania led the participants to uphold

what was false, for the purpose of exhibiting their dexterity, not only

misleading their auditors but often blinding themselves to the truth,

and Luis de Leon himself says that the warmth of debate sometimes

carried them beyond the bounds of reason, and so confused them that they

could scarce recall what they themselves had said. One of his witnesses,

Fray Juan de Guevara, corroborates this with the remark that Maestro

Leon de Castro (Luis de Leon's chief accuser) sometimes might not

understand what was said, but this happened to all theologians when

heated in the disputations.[334]

A fairer field for inquisitorial intervention could scarce be devised

and, from one point of view, its restraint of this dialectic ardor might

not be amiss, but its influence on intellectual development was

deplorable, when it made every man feel that he stood on the brink of an

abyss into which, at any moment, he might be precipitated. Nor was such

dread uncalled for; while Luis de Leon was on trial, three other

Salamanca professors were in the same predicament--Antonio Gudiel,

Gaspar de Grajal and Martin Martínez, while yet another, Dr. Barrientos,

was released just prior to the arrest of Luis. Denunciation was an easy

recourse for a defeated disputant; an incautious utterance in heated

debate, imperfectly understood, or distorted in remembrance, furnished

the means. Even lectures in the ordinary courses contributed their

share, when zealous students disagreed with their teachers or made

mistakes in their hasty notes.

[Sidenote: _LUIS DE LEON_]

The two prime movers in the prosecution of Fray Luis were Leon de Castro

and Bartolomé de Medina. De Castro was an elderly man, a _jubilado_

professor of Grammar, who had frequent wordy encounters with Fray Luis,

usually to his discomfiture.

He had based great hopes on a Commentary on Isaiah, the publication of

which was delayed by the Suprema requiring him to submit it to

examination; he had to spend some months at the court before he could

obtain permission for its sale, and then it proved a failure, entailing

on him a loss of a thousand ducats--all of which he attributed to Fray

Luis, who happened at the time to be in Madrid. Bartolomé de Medina was

a younger man, ambitiously working his way upward, and meeting several

rebuffs from Fray Luis, which accentuated the traditional hostility

between the Dominicans and Augustinians, to which they respectively

belonged. They were habitually opposed in the disputations, but it seems

somewhat eccentric to find Medina accusing Luis and his friends Grajal

and Martínez of introducing novelties and innovations, seeing that his

own reputation is chiefly based on his invention of the greatest novelty

of the period--the Probabilism which revolutionized the ethical teaching

of the Church and gave rise to the new science of Moral Theology.[335]

It was not difficult for these enmities to find means of gratification.

Robert Stephen's edition of the Latin Bible, with the notes of François

Vatable, had involved that printer in endless disputes with the

Sorbonne, which accused him of having hereticated the comments of the

thoroughly orthodox editor. In 1555, the University of Salamanca

undertook its correction, but the result did not satisfy the

sensitiveness of Spanish theology, and the edition was forbidden in the

Index of 1559. Yet the work was wanted in Spain and, at command of the

Suprema, in 1569, the university undertook the task anew. Numerous

congregations were held, in which every point was hotly disputed.

Medina, who had not yet attained his master's degree, took no part in

the meetings, but Leon de Castro and Fray Luis had many passages at

arms. De Castro accused him of scant respect for the Vulgate text of the

Bible, and of preferring the authority of the Hebrew and Greek

originals. He stigmatized Luis, who was of converso descent, of being a

Jew and a Judaizer and, on one occasion, declared that he ought to be

burnt. In truth the question of the Vulgate was one of importance. The

new heresies were largely based on the assumption of its imperfection,

and sought to prove this by reference to the originals. Scholastic

theology rested on the Vulgate and, in self-defence, the Council of

Trent, in 1546, had declared that it was to be received as authentic in

all public lectures, disputations, preaching and expositions, and that

no one should dare to reject it under any pretext.[336] Yet it was

notorious that, in the course of ages, the text had become corrupt; the

Tridentine fathers included in their decree a demand for a perfected

edition, but the labor was great and was not concluded until 1592, when

the Clementine text was issued, with thousands of emendations. Meanwhile

to question its accuracy was to venture on dangerous ground and to

invite the interposition of the Inquisition. As one of the

calificadores, during Fray Luis's trial, asserted "Catholic doctors

affirm that now the Hebrew and Greek are to be emended by the Vulgate,

as the purer and more truthful text. To emend the Vulgate by the Hebrew

and Greek is exactly what the heretics seek to do. It is to destroy the

means of confuting them and to give them the opportunity of free

interpretation."[337] Fray Luis not only did this in debate but, in a

lecture on the subject four years before, he had maintained the accuracy

of the Hebrew text, contending that St. Jerome the translator was not

inspired, nor were the words dictated by the Holy Ghost, and moreover

that the Tridentine decree in no way affirmed such verbal

inspiration.[338]

On another point he was also vulnerable. Ten or eleven years previously,

at the request of Doña Isabel de Osorio, a nun in the convent of Santo

Spirito, he had made a Castilian version of the Song of Solomon, with an

exposition. This he had reclaimed from her but, during an absence, Fray

Diego de Leon, who was in charge of his cell, found it and made a copy,

which was largely transcribed and circulated. At a time when vernacular

versions were so rigidly proscribed this was, at the least, a hazardous

proceeding and Bartolomé de Medina heightened the indiscretion by

charging that, in his exposition, he represented the work as an amatory

dialogue between the daughter of Pharaoh and Solomon.

[Sidenote: _LUIS DE LEON_]

In December 1571, de Castro and Medina presented formal denunciations of

Fray Luis, Grajal and Martínez, to the Salamanca commissioner of the

Valladolid tribunal, charging them with denying the authority of the

Vulgate and preferring the interpretations of the rabbis to those of the

fathers, while the circulation of Canticles in the vernacular was not

forgotten. Other accusers, including students, joined in the attack,

making thirteen in all, with a formidable body of denunciations. Grajal

was soon afterwards arrested and Fray Luis, warned of the impending

danger, presented himself, March 6, 1572, to Diego González, the former

inquisitor of Carranza, then on a visitation at Salamanca, with a copy

of his lecture on the Vulgate and the propositions drawn from it, and

also his work on Canticles. He asked to have them examined and professed

entire submission to the Church, with readiness to withdraw or revoke

anything that might be found in the slightest degree objectionable.[339]

In any other land, this would have sufficed. The inculpated works would

have been expurgated or forbidden, if necessary. Luis would have

retracted any expressions regarded as erroneous, and the matter would

have ended without damage to the faith. Under the Inquisition, however,

the utterance of objectionable propositions was a crime to be punished,

and the submission of the criminal only saved him from the penalties of

pertinacious heresy. On March 26th the warrant for the arrest of Fray

Luis was issued and, on the 27th he was receipted for by the alcaide of

the secret prison of Valladolid. He was treated with unusual

consideration, in view of his infirmities and delicate health for, on

his petition, he was allowed a scourge, a pointless knife to cut his

food, a candle and snuffers and some books.[340] The trial proceeded at

first with unusual speed. By May 15th the fiscal presented the formal

accusation, in which Fray Luis was charged with asserting that the

Vulgate contained many falsities and that a better version could be

made; with decrying the Septuagint and preferring Vatable and rabbis and

Jews to the saints as expositors of Scripture; with stating that the

Council of Trent had not made the Vulgate a matter of faith and that, in

the Old Testament, there was no promise of eternal life; with approving

a doctrine that inferred justification by faith, and that mere mortal

sin destroyed faith; with circulating an exposition of Canticles

explaining them as a love-poem from Solomon to his wife--all of which

was legitimately based on the miscellaneous evidence of the adverse

witnesses.[341] This, as required, Fray Luis answered on the spot,

article by article, attributing the charges to the malice of his

enemies, denying some and explaining others clearly and frankly.

It was a special favor that he was at once provided with counsel and

allowed to arrange his defence--a favor which brought upon the tribunal

a rebuke from the Suprema, January 13, 1573, as contrary to the

_estilo_, which must be followed, no matter what might be the

supplications of the accused. Fray Luis identified many of the

witnesses--out of nineteen he recognized eight--and he drew up six

series of interrogatories, mostly designed to prove his allegations of

mortal enmity. Of these the inquisitors threw out three as "impertinent"

and the answers to the others were, to a considerable extent,

unsatisfactory, as was almost inevitable under a system which made the

accused grope blindly in seeking evidence. As time wore on in this

necessarily dilatory business, Fray Luis grew impatient at the

stagnation which seemed to preclude all progress, not being aware that

in reality it had been expedited irregularly.[342]

It would be wearisome to follow in detail the proceedings which dragged

their slow length along. Additional witnesses came forward, whose

depositions had to go through the usual formalities; Fray Luis presented

numberless papers as points occurred to him; he defended himself

brilliantly and, through the course of the trial there were few of the

customary prolonged intervals, for his nervous impatience kept him

constantly plying the tribunal with arguments and appeals which it

received with its habitual impassiveness. At length, after two years,

early in March, 1574, it decided that there was no ground for suspicion

against him in the thirty articles drawn from the testimony of the

witnesses, while he could not be prosecuted criminally on the seventeen

propositions extracted from his lecture on the Vulgate, seeing that he

had spontaneously presented them and submitted himself to the Church.

The fiscal, however, appealed from this to the Suprema and his appeal

must have been successful, for the trial took a fresh start.[343]

[Sidenote: _LUIS DE LEON_]

After some intermediate proceedings, Fray Luis, on April 1st was told to

select _patrones theólogos_ to assist in his defence. He at once named

Dr. Sebastian Pérez, professor in the royal college which Philip II had

founded at Párraces, in connection with San Lorenzo del Escorial, and

two days later he added other names.

In place of accepting them the tribunal endeavored to compel him to take

men of whom he knew nothing and who, in reality, were the calificadores

who had already condemned his propositions. The struggle continued

until, on August 3d, the Suprema wrote that he could have Pérez, but his

limpieza must first be proved and Philip's consent to his absence be

obtained. We have seen how prolonged, costly and anxious were

investigations into limpieza and, as Fray Luis remarked, this was to

grant and to refuse in the same breath. At last, after endless

discussions, in October he despairingly accepted Dr. Mancio, a Dominican

and a leading professor of theology at Salamanca. Mancio came in

October, again towards the end of December, and finally on March 30,

1575, while Fray Luis meanwhile was eating his heart in despair. At

length, on April 7th Mancio approved of Fray Luis's defence, declaring

that he had satisfied all the articles, both the series of seventeen and

that of thirty, which had been proved against him or which he had

admitted having uttered.[344]

If Fray Luis imagined that this twelve months' work to which such

importance had been attributed, had improved his prospects, he was

speedily undeceived. We hear nothing more of Dr. Mancio or of his

approval. The propositions, with the defence, were submitted again to

three calificadores (men who had been urged upon him as patrones) and it

illustrates the uncertainties of theology and the hair-splitting

subtilties in which the doctors delighted, that not only were the

original seventeen articles declared to be heretical for the most part,

but five new ones, quite as bad, were discovered in the defence which

had elicited Dr. Mancio's approval, and these five thenceforth formed a

third category of errors figuring in the proceedings.[345] It is not

easy for us to comprehend the religious conceptions which placed men's

lives and liberties and reputation at the hazard of dialectics in which

the most orthodox theologians were at variance.

When Fray Luis was informed that five new heretical propositions had

sprouted from the hydra-heads of the old ones, he was dismayed. Sick and

exhausted, the prospects of ultimate release from his interminable trial

seemed to grow more and more remote. Arguments and discussions continued

and were protracted. New calificadores were called in, who debated and

opined and presented written conclusions on all three series of

propositions. It would be useless to follow in detail these scholastic

exercises, of which the chief interest is to show how, in these

infinitesimal points, one set of theologians could differ from another

and how completely the enmity of the two chief witnesses, Leon de Castro

and Bartolomé de Medina, was ignored. Thus wore away the rest of the

year 1575 and the first half of 1576. There was no reason why the case

might not be continued indefinitely on the same lines, but the

inquisitors seem to have felt at last that an end must be reached, and a

consulta de fe was finally held, in which Dr. Frechilla, one of the

calificadores who had condemned the propositions, represented the

episcopal Ordinary.[346]

The case illustrates one incident of these protracted trials. During its

course it had been heard by seven inquisitors, of whom Guijano de

Mercado was the only one who served from the commencement to the end,

and his colleague in the consulta, Andrés de Alava, had appeared in it

only in November, 1575, and had not been present in any audiences after

December. There was, moreover, an unusual feature in the presence of a

member of the Suprema, Francisco de Menchaca, indicating perhaps that

the case was regarded as one of more than ordinary importance. There

were five consultors, Luis Tello Maldonado, Pedro de Castro, Francisco

Albornoz, Juan de Ibarra and Hernando Niño, but the two latter fell

sick, when the examination of the voluminous testimony was half

completed, and took no further part in the proceedings.

[Sidenote: _LUIS DE LEON_]

On the final decision, September 18, 1576, Menchaca, Alava, Tello and

Albornoz voted for torture on the intention, including the propositions

which the theologians had declared that Fray Luis had satisfied, after

which another consulta should be held. They humanely added that it

should be moderate in view of the debility of the accused. Those better

acquainted with the case, Guijano and Frechilla, were more lenient. They

voted for a reprimand, after which, in a general assembly of professors

and students, Fray Luis should read a declaration, drawn up by the

calificadores, pronouncing the propositions to be ambiguous, suspicious

and likely to cause scandal. Moreover his Augustinian superior was to be

told, extra-judicially, to order him privately to employ his studies in

other directions and to abstain from teaching in the schools. The

vernacular version of Canticles was to be suppressed, if the

inquisitor-general and Suprema saw fit.[347] Comparatively mild as this

sentence might seem, it gratified to the full the vindictiveness of his

enemies--it humiliated him utterly and destroyed his career.

As there was discordia the case necessarily reverted to the Suprema,

which seems to have recognized that both votes assumed the nullity of

the laborious trifling, by which the calificadores had found dangerous

heresies in his acknowledged propositions. Discussion must have been

prolonged however, for the final sentence was not rendered until

December 7th. This fully acquitted Fray Luis of all the charges, but

ordered a reprimand in the audience-chamber and a warning to treat such

matters in future with great circumspection, so that no scandal or

errors should arise. The Suprema could scarce say less, if the whole

dismal farce, of nearly five years, was not to be admitted as wholly

unjustifiable, and it enclosed the sentence in a letter instructing the

tribunal to order Fray Luis to preserve profound silence and to avoid

dissension with those whom he suspected of testifying against him. It

was probably on December 15th that the sentence was read and the

reprimand administered. Fray Luis took the necessary oaths, he made the

promises required, and was discharged as innocent after an

incarceration, _incomunicado_, which had lasted for four years, eight

months and nineteen days. His requests were granted for a certificate

_de no obstancia_ and for an order on the paymaster of the schools to

pay him his professorial salary from the date of his arrest to the

expiration of his quadrennial term.[348]

During this prolonged imprisonment, Fray Luis seems to have been treated

with unusual consideration. He was allowed to send for all the books

needed for his defence and for study--even for recreation, for we find

him, July 6, 1575, asking for the prose works of Bembo, for a Pindar in

Greek and Latin and for a copy of Sophocles.[349] He relieved the

distractions of his defence and the anxieties of his position by the

composition of his _De los Nombres de Christo_, which has remained a

classic. Yet these were but slender alleviations of the hardships and

despairing tedium of his prison cell. On March 12, 1575, he is begging

for the sacraments; though he is no heretic, he says, he has been

deprived of them for three years. This petition was forwarded to the

Suprema, which replied by drily telling the tribunal to complete the

cases of Fray Luis, Grajal and Martínez as soon as opportunity would

permit.[350] At an audience of August 20th, of the same year, when

remanded to his cell, he paused to represent that, as the inquisitors

well knew, he was very sick with fever; there was no one in his cell to

take care of him, save a fellow-prisoner, a young boy who was simple;

one day he fainted through hunger, as there was no one to give him food,

and he asked whether a fraile of his Order could be admitted to assist

him and to aid him to die, unless they wished him to die alone in his

cell. This was not refused but, as the condition was imposed that the

companion should as usual share his imprisonment to the end, the request

was in vain. Then, on September 12th, in his reply to the five

propositions suddenly sprung upon him, he feelingly referred to the

years of prison and the sufferings caused by the absence of comforts in

his weakness and sickness, as a torture long and cruel enough to purge

all suspicions.[351] Even more pitiful was a petition to the Suprema in

November of the same year--"I supplicate your most illustrious body, by

Jesus Christ, on my giving ample security, to order me to be placed in

one of the convents of this city, even in that of San Pablo (Dominican),

in any way that it may please you, until sentence is rendered, so that

if, during this time, God should call me, which I greatly fear, in view

of my much trouble and feeble health, I may die as a Christian among

religious persons, aided by their prayers and receiving the sacraments,

and not as an infidel, alone in prison with a Moor at my bed-side. And

since the rancor of my enemies and my own sins have deprived me of all

that is desirable in life, may the Christian piety of your most

illustrious body give me this consolation in death, for I ask nothing

more."[352] It is perhaps needless to say that this touching appeal did

not even receive an answer.

[Sidenote: _LUIS DE LEON_]

After the term of his professorship had expired, about March 1, 1573,

his special enemy, Bartolomé de Medina, was elected in his place and was

promoted, in August 1576, to the leading chair in theology, while Fray

García del Castillo succeeded to that of Durandus. On Fray Luis's

return, he was warmly and honorably received in an assembly of the

Senate, convoked for the purpose, where the Commissioner of the

Inquisition declared that the Holy Office had ordered his restoration

to honor and to his professorship. Luis however refused to disturb

Castillo and, in January 1577, an extraordinary chair on the Scriptures

was created for him. The next year, on the chair of moral philosophy

falling vacant, he obtained it and subsequently he became regular

professor of Scripture--one of the highest positions in the University.

His colleague Grajal had been less fortunate, having perished in prison

before the termination of his trial.[353]

Fray Luis's mental vigor was unimpaired, although his delicate frame

never wholly recovered from the effects of his long imprisonment. Such

an experience of the dangers attendant on the discussions of the schools

might seem sufficient to dampen his disputatious ardor, but in a

theology, which sought to reduce to hard and fast lines all the secrets

of the unknown spiritual world, there was risk of heresy in every

speculation. In an _acto_ of the University, held January 20, 1582, the

debate widened into a discussion upon predestination and free-will, in

which Fray Luis and Fray Domingo de Guzman were bitterly opposed to each

other. It was continued in another theological Act the next week; the

students became excited and called upon Father Bañez to repress these

novelties, which he did in a lecture declaring that the views of Fray

Luis savored of Pelagianism. The latter was angered and the next day, in

an assembly of all the faculties, the question under debate was: If God

confers equal and sufficing grace on two men, nothing else interfering,

can one be converted and the other reject the aid? The discussion

between Fray Luis and Bañez was hot, and the excitement increased. Then

on January 27th there was another assembly which wrangled over the

intricate questions involved in prevenient aid and human

coöperation.[354]

This was the commencement of the long debate _De Auxiliis_, between

Jesuits and Dominicans, which lasted for a century, until both sides

were silenced by the Holy See, without either being able to claim the

victory. Fray Luis had excited many enmities--though not as many as he

was in the habit of claiming--and the occasion was favorable for

striking at him and at those whom he supported. Fray Juan de Santa Cruz

drew up an account of the discussions, with a censure of the erroneous

and heretical propositions defended; it was not a personal denunciation

of any one, but he declared that the agitation and disquiet of the

schools demanded a settlement by the Inquisition. This he presented,

February 5th, at Valladolid, to the inquisitor, Juan de Arrese and, from

the marginal notes, it appears that, besides Fray Luis, two Jesuits and

a Benedictine were marked for prosecution. In March, Inquisitor Arrese

came to Salamanca on a mission to suppress astrology and took the

opportunity to gather testimony on the scholastic quarrel. Various

witnesses, some of them Augustinians, came forward spontaneously with

evidence, and the Mercenarian, Francisco Zumel presented a series of

propositions, purporting to be drawn from a lecture by Fray Luis on

predestination, of which the worst was that Christ on the cross was

destitute of God and was provoked to sin. Zumel was a bitter enemy of

Luis, who had defeated him, four years before, in competition for the

chair of moral philosophy; both had their partizans and their quarrels

were the cause of much trouble.[355]

[Sidenote: _LUIS DE LEON_]

Fray Luis's experience of the Inquisition naturally led him to seek

exculpation. Three times he appeared voluntarily before Arrese and made

verbal and written statements, in which he rendered an account of his

share in the debates. He admitted that he had defended a position

opposite to what he had previously taught, which was not without a

certain temerity, as differing from the ordinary language of the

schools, and not proper for public debate, as it was delicate, difficult

of comprehension and liable to lead the hearers into error. He protested

that he had not intended to offend Catholic doctrine and, if he had said

anything inconsiderately, he submitted it to the censure and correction

of the holy tribunal. He also laid much stress on the notorious hatred

of the Dominicans towards him, and the manner in which they lost no

opportunity of decrying his doctrine, his person and his morals.[356]

Inquisitor Arrese returned to Valladolid with the evidence, after which

there was pause before the case of Fray Luis was taken up. There would

seem to have been some hesitation concerning it, for the Suprema took

the unusual step of summoning him before it, from which he excused

himself on the plea of illness and forwarded a physician's certificate

in justification. The next document in the case is a letter of August

3d, from the Suprema to the tribunal, calling for the papers in the

cases of the Salamanca theologians, with its opinion concerning them. In

its reply the tribunal said that Fray Luis had confessed to everything

testified against him, submitting himself to correction, and conceding

that what he had said was not devoid of temerity; he had evidently

spoken with passion and after the debate had begged pardon of Domingo de

Guzman for telling him that what he advocated was Lutheran heresy. In

view of all this the tribunal proposed to call him before it and examine

him when, if nothing further resulted, he should be gravely reprimanded

and, as the school of Salamanca was gravely excited and, as some

Augustinians were boasting that his utterances had been accepted by the

tribunal as true, he should be required publicly to read in his chair a

declaration drawn up for him censuring the propositions, and also to

declare that he had spoken wrongly when he had characterized the

opposite as heresy.[357]

This would have been a profound humiliation for the proud and

domineering theologian, but again Quiroga seems to have interposed to

save him. There is a blank in the records for eighteen months,

explicable by the affair being in the hands of the Suprema. What

occurred during the interval is unknown, but the outcome appears in the

final act of the trial, February 3, 1584, at Toledo. There Fray Luis

stood before Inquisitor-general Quiroga who reprimanded and admonished

him charitably not in future to defend, publicly or privately, the

propositions which he had admitted were not devoid of temerity, adding a

warning that otherwise he would be prosecuted with all the rigor of the

law, to all of which Fray Luis promised obedience.[358] That he had in

no way lost the respect of his fellows is seen in his election to the

Provincialate of the Augustinian Order, in 1591, shortly before his

death.

In addition to their exhibiting the attitude of the Inquisition towards

the most distinguished intellects of the period, these two trials of

Fray Luis illustrate its arbitrary methods, operating as it did in

secret. His fault, if fault there was, was the same in both cases--the

enunciation of opinions on which the most learned doctors differed. In

both cases he denounced himself, freely confessed what he had spoken or

written, and submitted himself unreservedly to the judgement of the

church. In the first case he was arrested; he endured nearly five years

of incarceration and only escaped torture or the ruin of his career

through the kindly interposition of Quiroga. In the second, there was no

arrest, the case was decided on the _sumaria_, or suspended, and

although Quiroga probably again intervened, it was only to save the

accused from a humiliation which would have gratified malevolence.

Judged by its own standard, the Inquisition abused its powers--either,

in one case, by unpardonable severity or in the other by excessive

moderation, but it was responsible to no one and had no public opinion

to dread.

* * * * *

[Sidenote: _FRANCISCO SANCHEZ_]

Just as the case of Fray Luis was ending, prosecution was commenced

against another Salamanca professor, of equal or even greater

distinction. As a man of pure letters, no one at the time was the peer

of Francisco Sánchez, known as el Brocense, from his birth-place, las

Brozas. Vainglorious, quarrelsome, caustic and reckless of speech, he

made numerous enemies, but probably he would have escaped the

Inquisition had he confined himself to his chair of grammar and

rhetoric. He delighted however in paradoxes, and he held himself so

immeasurably superior to the theologians, and was so confident in the

accuracy of his own varied learning, that he could not restrain himself

from ridiculing their pretensions, from exposing the errors of pious

legends and denouncing some of the grosser popular superstitions, thus

rendering himself liable to inquisitorial animadversion, whenever malice

or zeal might call the attention of the tribunal to his eccentricities.

He flattered himself that he did not meddle with articles of faith, but

he failed to realize how elastic were the boundaries of faith, and that,

in attacking vulgar errors, he might be regarded as undermining the

foundations of the Church. Scandal was a convenient word which bridged

over the line between the profane and the sacred.[359]

His habitual intemperance of speech was stimulated by a custom in the

Salamanca lecture-rooms of students handing up questions for the

lecturer to answer, and it would appear that malicious pleasure was felt

in thus provoking him to exhibit his well-known idiosyncrasies. It was

an occasion of this kind that prompted the first denunciation, January

7, 1584, by Juan Fernández, a priest attending the lectures. Others

followed, and the character of his utterances appears in the

propositions submitted to the calificadores:--That Christ was not

circumcised by St. Simeon but by his mother the Virgin.--That there

ought to be no images and, but for apparent imitation of the heretics,

they would have been abolished.--That those were fools who, at the

procession of Corpus Christi, knelt in the streets to adore the images,

for only Christ and his cross were to be adored.--Only saints in heaven

were to be adored and not images, which were but wood and

plaster.--Christ was not born in a stable, but in a house where the

Virgin was staying.--That the eleven thousand virgins were only

eleven.--Doubts whether the Three Kings were kings, as Scripture speaks

only of Magi.--That the Magian kings did not come at Christ's birth, but

two years after, and found him playing with a ball.--That theologians

know nothing.--That many Dominicans thought the faith was based on St.

Thomas Aquinas; this was not so and he did not care a ---- for St.

Thomas.--When asked why St. Lucia was painted without eyes, he said that

she had not torn them out, but she was reckoned the patron saint of eyes

from her name--Lucia _a lucere_.

That these free-spoken propositions should be duly characterized by the

calificadores as heretical, rash, erroneous, insulting and so forth was

a matter of course and, on May 18th, the consulta de fe voted for

imprisonment in the secret prison with sequestration, subject to

confirmation by the Suprema. The latter delayed action until August 29th

and then manifested unusual consideration for the eccentricities of

Sánchez, which were doubtless well known. He was merely to be summoned

before the tribunal, to be closely examined and to be severely

reprimanded, with a warning to give no further occasion for scandal, as

otherwise he would be treated with all rigor.[360]

His first audience was held on September 24th. There is a refreshing and

characteristic frankness in his reply to the customary question whether

he knew the cause of his summons. He supposed it was because, about

Christmas-time, in his lecture-room, he was asked why St. Lucia was

painted with her eyes on a dish and why she was patron saint of eyes,

when he replied that she was not such a fool as to tear out her eyes to

give them to others; the vulgar believed many things that had no

authority save that of painters, and it was on account of her name that

she was patron saint of eyes. Then, he added, some days later he was

asked why he talked against what the Church holds; this angered him and

he told them they were great fools who did not know what the Church is;

they must think that sacristans and painters are the Church; he would be

speaking against the Church if he spoke against the Fathers and

Councils. If they saw eleven thousand virgins painted in a picture, they

would think that there were eleven thousand, but in an ancient calendar

there was only _undecim M. virgines_--there were ten martyrs and Ursula

made the eleventh. Then, some three years ago, the Circumcision was

represented in the cathedral of Salamanca, where appeared the Virgin,

Simeon and the child Jesus. He said to many of those present that it was

a pity such impertinences were permitted in Salamanca; that the Virgin

did not go to the temple until the forty days were expired, and no

priest was required for the circumcision, for it is rather believed that

the Virgin performed it in her own house. He mentioned various other

criticisms which he had made on pictures, such as the Last Supper, where

Christ and the apostles should be represented on triclinia, and the

Sacrifice of Abraham where Isaac should be a man of 25. For this all he

was called in Salamanca a rash and audacious man, and he supposed this

was the cause of his summons; if there was more, let him know it and he

would obey the Church; if in what he had said he had caused scandal, he

was ready to retract and to submit to the Church.[361]

[Sidenote: _FRANCISCO SANCHEZ_]

This fearless frankness was preserved in the examination that followed

on the charges not explained in his avowal. When asked whether he knew

these things to be heretical and if his intention was to oppose the

Church, he replied that in the form of the charges he held them to be

heretical, but he had uttered them only in the way he stated, with the

intention of a good Christian and for the instruction of others, but, if

he had erred, he begged mercy with penance, and was ready to make

whatever amends were required. His confessions were duly submitted to

calificadores who reported, reasonably enough, that he denied some,

explained others and left others as they were, but that as a whole he

deserved to be reprimanded and punished, because he exceeded his

functions without discretion and, if not restrained, he would come to

utter manifold errors and heresies. Under ordinary routine his

punishment would have been exemplary, but the tribunal was controlled by

the instructions of the Suprema and, on September 28th, he was duly

reprimanded and warned to abstain in future from such utterances, for

they would be visited with rigorous punishment. He promised to do this

and was dismissed.[362]

With any one else this narrow escape, which shows the strong

disinclination to deal harshly with him, would have ensured lasting

caution, and even on Sánchez it seems to have imposed restraint for some

years. The impression, however, wore away and the irrepressible desire

to manifest his contempt for theology and theologians, and to display

the superior accuracy of his wide learning, gradually overcame prudence.

In 1588, he printed a little volume entitled _De erroribus nonnullis

Porphyrii et aliorum_ which, when subsequently examined by

calificadores, was said to prove that the author was insolent, audacious

and bitter, as were all grammarians and Erasmists; that, if its

conclusions were true, we might burn all the theology and philosophy

taught by the schoolmen, from the Master of Sentences to Caietano, and

by all the universities, from Salamanca to Bologna. Another of his works

bore the expressive title of _Paradoxos de Theulugia_, which went to two

editions and was censured as requiring expurgation. Theology seems to

have had for him the fatal fascination of the candle for the moth and,

with his temperament, he could not touch it without involving himself in

trouble. He gradually resumed his free speech and repeated his old

assertions which he had promised to suppress, and to these he added new

ones, such as approving the remark of a canon of Salamanca that he who

spoke ill of Erasmus was a fraile or an ass, adding that, if there were

no frailes in the world, none of the works of Erasmus would have been

forbidden. From 1593 to 1595, Dr. Rosales, the commissioner at

Salamanca, repeatedly forwarded to the Valladolid tribunal reports and

evidence as to his relapse in these evil ways, and urged that he should

be summoned and corrected and told not to meddle with theology but to

confine himself to his grammar, for he knew nothing else.[363]

The tribunal had these various charges submitted to calificadores, who

duly characterized them in fitting terms, but it took no action until

May 18, 1596, when it commissioned Rosales to put in shape the

informations against Sánchez. Rosales was replaced by Francisco Gasca de

Salazar, who was instructed, September 17th, to finish the matter

without delay. He returned the papers as completed, September 29th,

adding that Sánchez was so frank that he said these things publicly, as

a man unconscious of error and, if examined, would tell the truth and

give his reasons; he did not seem to err with pertinacity but like the

grammarians, who usually deal in paradoxes, for which reason Gasca said

that he had taken no notice of them.[364]

[Sidenote: _FRANCISCO SANCHEZ_]

Probably some restraint exercised by the Suprema explains why, after

these preparations, four years were allowed to pass without action. If

so, this restraint was suddenly removed, for there is no evidence that

any fresh imprudences on the part of Sánchez stimulated the tribunal

when, September 25, 1600, it took a vote that, in view of the previous

warning and continued repetition of the same propositions and additional

ones, and especially of the _De Erroribus Porphyrii_ and other books

suspect in doctrine, he should be summoned to the tribunal and a house

be assigned to him as a prison, while all his books and papers should be

seized. The Suprema confirmed this; on October 20th the summons was

issued and, on November 20th, the books and papers were forwarded. On

November 10th Sánchez appeared before the tribunal and, with kindly

consideration, the house of his son, Dr. Lorenzo Sánchez, a physician

residing in Valladolid, was assigned as his prison. Three audiences were

held, on November 13th, 16th, and 22d, in which he said that, if he had

uttered or done anything contrary to the faith, he was ready to confess

it and reduce himself to the unity of the Church. As the charges were

not as yet made known to him, he tried to explain various matters which

were not contained in them, such as denying free-will, as holding the

opinion that Magdalen was not the sister of Lazarus, and that Judas did

not hang himself.[365]

No more audiences were held. The next document is a petition, dated

November 30th, in which Sánchez set forth that he was mortally sick and

given over by the physicians; that he had through life been a good

Christian, believing all that the Holy Roman Church believes, and now,

at the hour of death, he protested that he died in and for that belief.

If, having labored for sixty years in teaching at Salamanca and

elsewhere, he had said or was accused of saying anything against the

holy Catholic faith, which he denied, if yet by error of the tongue it

was so, he repented and begged of the Inquisition pardon and penance in

the name of God. When taking pen in hand he had always recommended

himself to God and, if in his MSS. there should be found anything

ill-sounding, he desired it stricken out and, if there were useful

things, he asked the Inquisition to permit their printing, as he left no

other property to his children, and also that his enemies and rivals

might be confounded. Finally, as he was in prison, by order of the

Inquisition, he supplicated that he might have honorable burial,

suitable to his position, and that the University of Salamanca be

ordered to render him the customary honors.[366]

Thus closed, in sorrow and humiliation, the career of one of the most

illustrious men of letters that Spain has produced. Under the existing

system the Inquisition could do no otherwise than it had done, and its

treatment of him had been of unexampled forbearance. That forbearance,

however, seems to have ceased with his death. The records are imperfect,

and we have no knowledge of the course of his trial which, as usual, was

prosecuted to the end, but the outcome apparently was unfavorable. On

December 11th the calificadores who examined his papers made an

unexpectedly moderate report. There was a certain amount of minute and

captious verbal criticism, but the summing up was that he seemed

somewhat free in his expositions of Scripture, attaching himself too

much to human learning and departing too readily from received opinions,

but he was easily excusable as these were private studies and mostly

unfinished, so that his final opinions could not be assumed.[367]

Notwithstanding this, his dying requests were not granted. The interment

was private and without funeral honors. As regards the University of

Salamanca, Dr. Lorenzo Sánchez reported, on December 22d, that his

father had many enemies there, that there was much excitement and

scandal, and it was proposed not to render him the customary honors, to

the great injury of his children's honor, wherefore he petitioned for

orders to pay the honors and also the salary for the time of his

detention. To this supplication no attention was paid, and the same

indifference was shown when, long afterwards, on June 25, 1624, another

son, Juan Sánchez, a canon of Salamanca, represented that malicious

persons asserted that his father had died in the secret prison,

wherefore he petitioned for a certificate that his father had not been

imprisoned in either the secret or public prison, and that no sentence

had been rendered against him. The influence of all this on the fortunes

of his descendants can readily be estimated. As for the MSS. which had

occupied the dying man's thoughts, the final judgement passed upon them

left little to be delivered to the children.[368]

* * * * *

[Sidenote: _JOSEPH DE SIGUENZA_]

Another contemporaneous case is worthy of mention if only because the

Geronimite Joseph de Sigüenza has customarily been included among the

victims of the Inquisition, in place of which he sought its jurisdiction

in order to protect himself against the machinations of his brethren. At

an early age he had entered the Order, where his talents and varied

learning gained him rapid advancement. When the Escorial was completed,

Philip II sent for him to preach the first sermon in the church of San

Lorenzo; since then he had preached oftener than any one else and many

of the gentlemen and ladies of the court had selected him as their

confessor. Philip placed him in charge of the royal archives and of the

_sagrarios_ and reliquaries of the two libraries, which brought him into

frequent communication with the king, and he had utilized this to cause

appointments and dismissals, and to institute reforms in the college of

Párraces. This caused jealousy and enmity, and Diego de Yepes, the prior

of his convent of San Lorenzo, endeavored to procure his removal. Then

he incurred the hostility of the prior of the college, Cristóbal de

Zafra, who was a florid preacher. In a sermon before the king on the

previous Nativity of the Virgin (September 8th) he had said that the

Minotaur was Christ and the Labyrinth was the Gospel and Ariadne was Our

Lady and the child she bore to Theseus was faith, and if any one desired

to enter the Labyrinth he must pray to the Virgin for her child. Such

sermons were the fashion, and Diego de Yepes eclipsed this, on January

1st, when he told his audience that when Delilah had exhausted Samson

she removed him from her and delivered him to the Philistines, so when

the Virgin had exhausted God she removed him and placed him in the

manger, with other equally filthy topics. Fray Joseph sought to repress

this style of preaching, insisting that it should be confined to

expositions of the Evangel and moral instruction, which gained him

enemies among those whose eccentricities and bad taste he reproved.

Another source of enmity was that he was entrusted with the selection of

students to attend the lectures on Hebrew of Arias Montano, when he came

to San Lorenzo, which angered those who were omitted. A formidable cabal

was formed for his ruin; careful watch was kept on his utterances in

unguarded moments and in the pulpit, and it was not difficult to collect

propositions which, when exaggerated or distorted, might furnish

material for prosecution.

It was safer to trust to a prejudiced court within the Order than to the

Inquisition. A visitation of the convent and college was ordered, with

instructions to withdraw the licence of any preacher or confessor found

to be insufficient. The visitors came on April 13, 1592 and reported on

the 17th. The frailes were examined separately and secretly and, of

twenty-two, all but one offered objections to opinions uttered by Fray

Joseph. From their testimony was extracted a series of nineteen

propositions, most of them utterly trivial. He was accused of decrying

scholastic theology, of holding that preaching should be based on the

bare Scriptures, of exaggerated praise of Arias Montano at the expense

of other expounders of Holy Writ, of advising a fraile to study

Scripture in place of books of devotion and much else of the same

nature. The frailes had learned the processes of the Inquisition; they

submitted these propositions for qualification to Gutiérrez Mantilla,

the chief professor of theology in the college, who rendered three

opinions, varying in tone, but the final one declared that some of the

propositions inclined to Lutheranism and Wickliffitism and others to

Judaism. Moreover, on May 18th he wrote to the king, announcing the

discovery of a dangerous heresy in the college of San Lorenzo which, if

not checked at the outset, might bring upon Spain the dangers developed

in other lands. It had spread among the students, some of whom, by the

vigilance of the prior, were already in the Inquisition of Toledo, and

he begged Philip to urge on the prior unrelaxing efforts to avert the

evil.

All this had been done in secret, but enough reached the ears of Fray

Joseph to convince him of the ruin impending at the hands of his

brethren. Such matters belonged exclusively to the jurisdiction of the

Inquisition and they could not prevent his appealing to that tribunal,

in which he lost no time. On April 23d he presented himself at Toledo,

with a letter from his prior, Diego de Yepes, stating that he was

learned, able and a prior of the Order, but that some of his expressions

in preaching and conversation had created scandal, in consequence of

which he had been tried by visitors; this trial Yepes was ready to

submit to the tribunal, and he asked that Fray Joseph be treated with

its customary benignity. With this Fray Joseph handed in a written

statement, containing what he had been able to gather as to the

accusations, and submitting himself to the judgement of the Inquisition,

both in correcting what was wrong and in accepting whatever punishment

might be imposed.

The tribunal sent for the papers of the trial and assigned to him the

convent of la Sisla as a prison, which he was not to leave without

permission under the customary penalties. This confinement, however, was

scarce more than nominal for, on May 14th, he represented that the king

and court were at San Lorenzo, and his absence would be a great dishonor

to him, wherefore he asked to have, by return of his messenger,

permission to go there, which was immediately granted. Subsequently he

was allowed the unusual favor of consulting with his counsel at the

latter's house and, on October 21st, he asked licence to return to San

Lorenzo for a month, because he was suffering from fever and his

physician stated that his life was at risk at la Sisla--a request which

was doubtless granted. The contrast is marked between his treatment and

that of Luis de Leon.

[Sidenote: _THEOLOGICAL TRIVIALITIES_]

Meanwhile the trial was in progress with all customary formalities. The

propositions were submitted to calificadores and, on July 30th, the

fiscal presented the accusation, denouncing him as an apostate heretic

and excommunicated perjurer, demanding his relaxation and asking that he

be tortured as often as necessary. He duly went through the

examinations on the accusation and publication of evidence, and

presented eight witnesses, who testified to his distinguished reputation

for learning, piety and orthodoxy, also that Fray Cristóbal de Zafra was

noted for bringing fables and poetry into his sermons, and that Fray

Justo de Soto, who had accused him of saying that Jews and Turks could

be saved, was an ignoramus, knowing little of grammar and nothing of

theology.

It was not until October 22d that was held the consulta de fe, which

voted unanimously for acquittal; the Suprema confirmed the sentence, on

January 25, 1593, when Fray Joseph was probably absent, for it was

nearly a month before he appeared, on February 19th to hear it read. At

his request a copy of it was given to him and thus ended a case in which

the Inquisition was the protector of innocence against fraternal

malignity.[369]

* * * * *

The extent to which Spanish intellect wasted itself in interminable

controversies over the infinitely little, and the dangers to which all

men were exposed who exercised the slightest originality, are

illustrated in the case of Padre Alonso Romero, S. J., lector, of

theology in the Jesuit college of Valladolid. For a proposition

concerning the intricate question whether a man violates the law of

fasting by eating nothing on a fast-day, his fellow-Jesuit, Fernando de

la Bastida, with a number of students, denounced him to the Inquisition,

August 29, 1614. The main proposition, and a number of others, on which

it was based, or which were deduced from it, were pronounced by the

calificadores, or at least by some of them, to be false, scandalous,

rash and approximating to error. No less than seventeen witnesses were

examined against him and when, on January 9, 1615, he presented himself,

he admitted uttering the proposition, but said that he had consulted

many learned men and the principal universities and he offered in

defence the signatures of many Jesuits and of professors of Salamanca,

Alcalá and Valladolid, to the effect that it was not subject to

theological censure. The case proceeded to a vote _in discordia_,

October 15th, when the Suprema ordered his confinement in a Jesuit

house, that he should cease lecturing, and that the papers in his cell

should be examined. On October 29th, while he was detained in the

audience-chamber, his keys were taken and his papers were seized,

although during this audience he stated that, when he found that many

learned men condemned his proposition, he had retracted it publicly and

had defended the opposite, which he offered to do again. To the ordinary

mind this would appear to render further proceedings superfluous, but

the assumed injury inflicted on the faith demanded reparation, and the

case went on.

Thirty-three propositions, dependent on the first one, were submitted to

calificadores and condemned as before, while nineteen others, extracted

from his papers, were explained by him and dropped. Drearily and slowly

the proceedings dragged along. On March 3, 1616, the accusation was

presented, but it was not until June 6, 1619, that the publication of

evidence was reached. Yet the case seems still to have been in the

preliminary stage for on July 10th the Suprema ordered that the

propositions, which had now grown to fifty-seven in number, should be

submitted to calificadores and on their report the tribunal should

decide whether to transfer him to the secret prison. It waited more than

six months before it reached a decision, February 5, 1620, to make no

change but, when the Suprema learned this, it ordered him to the prison

of familiars, which was done on August 12th. Then, on the 18th, he

selected patrones to advise him and, on September 25th, he presented the

interrogatories for the witnesses in defence. On May 12, 1621, he was

informed that all that he had required had been done for him. On July

5th the consulta de fe voted that he should be warned and required to

retract the proposition respecting fasting and those derived from

it--which he had already done spontaneously six years before; as for the

others, he was acquitted. The Suprema took nearly a year to consider

this and did not confirm it until June 2, 1622, when the trial ended

with the reading of the sentence on June 30th.[370] All this reads like

a travesty and might well be the subject of ridicule were it not for the

serious import on a nation's destiny of a system under which eight years

of a man's life could be consumed on a matter which the outcome showed

to be so frivolous, to say nothing of the indefinite number of

calificadores and officials whose energies were wasted on this solemn

trifling.

* * * * *

[Sidenote: _THE PULPIT_]

Preachers were as liable as professors to prosecution for their

utterances, and Spanish pulpit eloquence, as we have seen it

illustrated in the case of Fray Joseph de Sigüenza, afforded ample

field for censure. The auditor who took exception to anything heard in a

sermon had only to denounce the speaker and, if the proposition was

exceptionable, prosecution followed. Thus, in 1580, Fray Juan de Toledo,

a Geronimite of the convent of Madrid, was denounced to the Toledo

tribunal for having, in a sermon before Philip II, asserted that the

royal power was so absolute that the king could take his vassals'

property and their sons and daughters to use at his pleasure. Possibly

this exuberance of loyalty might have escaped animadversion, had not the

preacher called attention to the enormous revenues of the bishops,

squandered on their kindred, and urged that the king and pope should

unite to reduce them to apostolic poverty. On trial he admitted his

remarks in a somewhat less offensive form; he attempted to disable the

witnesses and presented evidence of good character without much success.

The consulta de fe voted in discordia, and the Suprema sentenced him to

abjure _de levi_, to recant, in the pulpit on a feast-day, the

propositions, in a formula drawn up for him, to be recluded in a convent

for two years, to be suspended from preaching for five years, and to

perform certain spiritual penances.[371]

The severity of this sentence shows how little ceremony there was in

restraining the eccentricities of the Spanish pulpit, even when it would

be difficult to discern where suspicion of heresy came in. The formula

of retraction prescribed rendered the humiliation of the ceremony most

bitter. There were forms suited for the different characters of

propositions, but all bore the essential feature that the culprit in the

pulpit admitted having uttered the condemned expression; that the

inquisitors had ordered him to retract it; that he recognized that it

ought to be retracted and, as an obedient son of the Church and in

fulfilment of the command, he declared, of his own free will, that he

had uttered a proposition heretical and contrary to express passages of

Holy Writ and, as such, he retracted and unsaid it and confessed that he

did not understand it when he said it nor, for lack of knowledge, did he

understand the evil contained in it, nor did he believe it in its

heretical sense, nor understand that it was heresy and, as he had spoken

evil and given occasion to be justly suspected that he said it in an

heretical sense, he was grieved and begged pardon of God and the holy

Roman Catholic Church, and begged pardon and mercy of the Holy Office. A

notary with a copy followed his words and, if the performance was

correct, made an official attestation of the fact.[372]

Instances of this sharp censorship of pulpit eloquence were by no means

rare. Thus in the single tribunal of Toledo, after Madrid had been

separated from it, Fray Juan de Navarrete, Franciscan Guardian of

Talavera, was sentenced, December 19, 1656, for an heretical proposition

in a sermon, to make a retraction. On April 21, 1657, Fray Diego Osorio,

regent of studies in the Augustinian convent of Toledo, was required to

retract, was suspended for two years from preaching and was banished for

the same period from Madrid and Mascaraque. On April 23, 1659, the

Mercenarian, Maestro Lucas de Lozoya, Definidor General of his Order and

synodal judge of the province, was condemned to retract, was suspended

from preaching for two years and was exiled from Madrid and Toledo.

Similar sentences were pronounced July 14, 1660, on the Trinitarian

Jacinto José Suchet, and August 31st on the Franciscan Juan de Teran.

The Trinitarian, Juan de Rojas Becerro, December 24, 1660, was allowed

to retract in the audience-chamber, but was suspended and banished for

one year. Juan Rodríguez Coronel, S. J., on June 28, 1664, was suspended

and banished for two years, but was not required to retract. These

instances will suffice to indicate the frequency of these prosecutions

and the manner in which such cases were treated. They offer a curious

contrast to the mercy shown, January 31, 1665, to Sebastian Bravo de

Buiza, assistant cura of Fresno la Fuente, who was only reprimanded and

required to explain in the pulpit the most offensive proposition that

the Virgin was a sinner and died in sin.[373]

This last case suggests that favoritism sometimes intervened to shield

culprits and this would seem to be confirmed by the leniency shown, in

1696, to Fray Francisco Esquerrer. He was the leading Observantine

preacher and theologian in Valencia and teacher of theology in the

convent of San Francisco in Játiva. It was an episode in the quarrel

between Dominicans and Franciscans over the Immaculate Conception, when,

November 13, 1695, the Dominican Fray Juan Gascon denounced him to the

Valencia tribunal for having defended at Játiva, October 9, 1693, the

proposition that Christ, in the three days of his death, was sacramented

alive in the heart of the Virgin; that he who should die in defence of

the Immaculate Conception would die a martyr, for it was a point of

faith settled by Scripture, by the Council of Trent, by the Apostolic

Council of Jerusalem and by the cult of the Church. Gascon had denounced

this at the time, but the tribunal had taken no notice of it, and he now

repeated the charge, adding that Esquerrer, preaching in 1693 at

Olleria, had held it to be a point of faith that the adoration of

_latria_ was due to St. Francis; in the same year at Játiva he preached

that Christ owed more to St. Antony of Padua than St. Antony owed to

Christ. Also, when preaching about an image known as the Virgin of

Salvation, he said that she was rather the Mother of Salvation than the

Mother of Christ. Then, on August 28, 1695, preaching to the

Augustinians of Játiva, he proved logically that the wisdom of St.

Augustin was greater than the wisdom of the Logos and, on November 6,

1695, to the Franciscans of Játiva, he declared that the Immaculate

Conception had been made a point of faith by Alexander VII and Innocent

XI. Then the tribunal at last was spurred to action; it gathered

evidence and procured from the calificadores a definition that some of

the propositions were blasphemous, others heretical and others

ill-sounding. Early in 1696 Esquerrer was thrown into the secret prison;

he endeavored to explain away the propositions; the trial proceeded with

unwonted celerity and, on September 9th, the case was suspended with

merely the usual reprimand and the suppression of the propositions of

October 9, 1693.[374] Apparently the Inquisition was content to have the

people fed upon such doctrines.

It was probably less to favoritism than to indolence that we may

attribute the outcome of the case of the Minim, Fray N. Serra, lector in

the Barcelona convent of S. Francesco de Paula. On St. Barbara's day,

December 4, 1721, he preached a sermon in which, among various other

ineptitudes, he said that St. Barbara was a virgin and yet pregnant, and

that Christ was the fourth person of the Trinity. An artillery regiment

in quarters had been taken to the church and, in the evening, some of

the officers, visiting Doña Bernarda Vueltaflores, amused themselves by

repeating his grotesque utterances. A week later she chanced to mention

the matter to Fray Antonio de la Concepcion and he, for the discharge

of his conscience, carried the tale to the tribunal. Doña Bernarda was

sent for, told what she remembered and furnished the names of the

witnesses. They were summoned and gave their evidence. The fiscal fussed

over it, said that he had only two concurrent witnesses, and wanted

others of the audience looked up and examined, which was not done. The

registers were searched, but no former complaints against Fray Serra

were found. Then the fiscal asked that all the other tribunals of Spain

be written to, which was postponed. On April 22, 1722 he had the

propositions submitted to calificadores, five of whom unanimously

pronounced that the one relating to Christ was formally heretical and

the others scandalous and irreverent, rendering the culprit vehemently

suspect and of little sense. Then ensued a pause until 1726, when in

July replies were received from all the tribunals that they had nothing

against Fray Serra. Then followed another pause, until June 27, 1728,

when the inquisitors resolved that the case should be suspended after

consulting the Suprema, which assented with the mild rebuke that, as the

sumaria had been formed in 1721, it should have been acted upon at once,

in place of waiting until 1728.[375]

* * * * *

Cognizance of the more or less trivial utterances of individuals

continued to the last and formed an increasing portion of inquisitorial

business as Judaism gradually disappeared. How the people were still

taught to keep a watch over their fellows is exhibited in the case of

Manuel Ribes, of Valencia, in 1798. He was a boy only nine years of age,

attending a primary school, who was denounced by a fellow-pupil for an

heretical expression. That the case was seriously considered is

inferable from the fact that it was suspended, not dismissed, and

remained of record against the child in case of future offences. How

keen, moreover, was the inquisitorial eye to discern peril to the faith,

is visible in the prosecution at Murcia, in 1801, of Don Ramon Rubin de

Celis y Noriega, a dignitary of the cathedral of Cartagena and rector of

the conciliar seminary, for a proposition concealed in his printed plan

for instruction in Latin.[376]

[Sidenote: _RELIGION AND POLITICS_]

Under such impulses it is not a matter for surprise that, in this later

period "propositions" furnished half the business of the tribunals. In

the register compiled in Valencia of all the cases tried in Spain, after

1780 until the suppression of the Inquisition in 1820, the aggregate is

6569 cases, out of which 3026, or not far from one-half, are designated

as for propositions. Of these latter 748 are noted as suspended or laid

aside in Valencia, leaving 2278 carried on through trial. Of the 3543

cases for other offences, 1469, as we have seen, were for solicitation,

leaving only 2074 as the total number for the miscellaneous business of

the tribunals. Those accused for propositions represent every sphere of

life, but a larger portion than of old belong to the educated

classes--clerics, professional men, officers of the army, municipal

officials, professors in colleges and the like.[377]

That this class of business should increase was natural in view of the

infiltration of the irreligious philosophy and liberal ideas of the

later eighteenth century, which escaped the censorship and watchfulness

at the ports. The Napoleonic war poured a flood of this upon the land,

traversed in almost every part by armies, whether hostile like the

French or heretic allies like the English. After the Restoration, the

duty of the Inquisition was largely the extirpation of these seeds of

evil in a political as well as a spiritual sense, and propositions

_antipoliticas_, as we shall see, were as freely subject to its

jurisdiction as the _irreligiosas_. The punishments inflicted were not

usually severe, but the trial itself was a sufficient penalty, for the

accused was thrown into the secret prison during the dilatory progress

of his case, his property was embargoed and his career was ruined, while

in most cases he was subsequently kept under strict surveillance, for

which the inquisitorial organization furnished special facilities.

As a typical case it will suffice to allude to that of two merchants of

Cádiz, Julian Borrego and Miguel Villaviciosa, sentenced in 1818 by the

Seville tribunal, for "propositions and blasphemies," to abjure _de

vehementi_ and to ten years' exile from Cádiz, Seville and Madrid,

including service in a presidio. In consideration, it is said, of the

extraordinarily long imprisonment which they had endured, the service of

the former was only to be four years in Ceuta and of the latter six

years in Melilla. As was so frequently the case at this time, the

Suprema interposed in favor of leniency and reduced the term to presidio

for both to two years. They were married men; the trial and sentence

virtually meant ruin, and probably influence was exerted in their

behalf for, after six months, the Suprema allowed them to return to

Spain to support their families.[378]

What was the precise nature of the propositions the record does not

inform us, but, had the offence been political, it is improbable that

this mercy would have been shown. If it were religious, it may have been

the deliberate expression of erroneous belief, or a hasty ejaculation

called forth by an ebullition of wrath for, as of old the Inquisition

took cognizance of everything and, in its awe-inspiring fashion,

undertook to discipline the manners as well as the faith of the people.

In 1819, the sentence of Bartolomé López of Córdova, for propositions,

warns him on the consequences of his unbridled passion for gambling and

lust, which had caused his offence, and, in another case, the culprit's

inconsiderate utterances are ascribed to his quarrels with his wife,

with whom he is urged to reconcile himself.[379]

* * * * *

Thus to the last the Inquisition, in small things as in great, sought to

control the thoughts and the speech of all men and to make every

Spaniard feel that he was at the mercy of an invisible power which, at

any moment, might call him to account and might blast him for life.

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