CHAPTER I

The History and Romance of Crime

FROM THE EARLIEST TIMES TO THE PRESENT DAY

[Illustration]

THE GROLIER SOCIETY

LONDON

[Illustration]

Spanish Prisons

THE INQUISITION AT HOME AND ABROAD

PRISONS PAST AND PRESENT

_by_

MAJOR ARTHUR GRIFFITHS

_Late Inspector of Prisons in Great Britain_

_Author of

"The Mysteries of Police and Crime

"Fifty Years of Public Service," etc._

_The Inquisitor-General and the Catholic Sovereigns_

The mandate of expulsion of the Jews from Spain was

issued by Ferdinand and Isabella in 1492. This edict no doubt

originated with Torquemada, who was very bitter against the

Jews. When he learned that a number of their leaders were

in conference with the King and Queen, and offering an immense

ransom, Torquemada rushed into the presence bearing

a crucifix on high and crying in stentorian tones that the

sovereigns were about to act the part of Judas Iscariot.

"Here He is!" he exclaimed. "Sell Him again, not for

thirty pieces of silver, but for thirty thousand!" and flinging

the crucifix on the table he ran out in a frenzy. This turned

the tables and the decree for expulsion was confirmed.

THE GROLIER SOCIETY

Spanish Prisons

THE INQUISITION AT HOME AND ABROAD

PRISONS PAST AND PRESENT

_by_

MAJOR ARTHUR GRIFFITHS _Late Inspector of Prisons in Great Britain_

_Author of "The Mysteries of Police and Crime

"Fifty Years of Public Service," etc._

[Illustration]

THE GROLIER SOCIETY

EDITION NATIONALE

Limited to one thousand registered and numbered sets.

NUMBER 307

INTRODUCTION

A considerable portion of this volume is devoted to the Spanish

Inquisition, which was, for three centuries, the most important force

in Spain. Thousands were condemned by its tribunals, and its prisons

and punishments make up a large part of the penal history of that

country. Much exaggeration has crept into the popular accounts, but the

simple truth must cause a shudder, when read to-day.

The institution was created to deal with heresy, that is, with a

departure from the accepted canons. The idea that there can be unity

in diversity was not understood. The spiritual and the temporal powers

were closely related, and bishop and king, pope and emperor, all

believed that uniformity was necessary. Hence, heresy was everywhere

treated as high treason not only to the Church but to the State

as well. The Spanish Inquisition was a state affair as well as an

ecclesiastical court.

We shall see that the jurisdiction of the Inquisition was not confined

to the suppression of heresy. Many crimes which to-day are purely

state concerns, were then punished by it, including bigamy, blasphemy,

perjury, unnatural crimes, and witchcraft. The Spanish Inquisition

deserves credit for discouraging persecution of the last named offence,

and thereby saved the lives of thousands, who, in any other state would

have been executed.

The adaptation to penal purposes of ancient buildings, to be found

throughout the length and breadth of Spain, was very common, as these

were immediately available although generally unsuitable. Chief among

them are the many monastic buildings vacated when the laws broke up

religious houses in Spain and which were mostly converted into prisons,

but little deserving the name. Some of these houses have been utilised

as gaols pure and simple; some have served two or more purposes as at

Huelva, where the convent-prison was also a barrack.

Spain has been slow in conforming to the movements towards prison

reform. She could not afford to spend money on new constructions

along modern lines, and the introduction of the cellular system is

only of recent date. The model prison of Madrid, which has replaced

the hideous Saladero, was only begun in 1887. But a few separate

prisons had already been created, such as those of Loja, Pontevedra,

Barcelona, Vittoria and Naval Carnero. These establishments are new to

Spain but their methods and aims are too well known to call for fresh

description. More interest attaches to the older forms that have so

long served as places of durance.

CONTENTS

CHAPTER PAGE

INTRODUCTION 5

I. THE INQUISITION IN SPAIN 11

II. PERSECUTION OF JEWS AND MOORS 32

III. PRISONS AND PUNISHMENTS 63

IV. THE INQUISITION ABROAD 91

V. THE INQUISITION IN PORTUGAL AND INDIA 110

VI. EARLY PRISONS AND PRISONERS 123

VII. PRESIDIOS AT HOME AND ABROAD 150

VIII. LIFE IN CEUTA 182

IX. BRIGANDS AND BRIGANDAGE 212

X. A BRIGHT PAGE IN PRISON HISTORY 236

List of Illustrations

THE GRAND INQUISITOR AND THE CATHOLIC

SOVEREIGNS _Frontispiece_

THE ALHAMBRA PALACE, GRANADA _Page_ 52

THE QUESTION " 116

CASTEL DELL' OVO " 150

SPANISH PRISONS

CHAPTER I

THE INQUISITION IN SPAIN

Beginning and growth of religious persecution--Temporal power of the

Papacy--Pope Innocent III creates the first "Inquisitors"--Domingo de

Guzman founder of the Inquisition--Founder of the Dominican Order of

Friars--The "ancient" Inquisition--Penances inflicted--Persecution

of the Jews in Spain--Institution of the "modern" Inquisition under

Ferdinand and Isabella--Headquarters at Seville--Frequent _autos da

fé_--Thomas de Torquemada the first Inquisitor-General--The privileges

of the office--Torquemada's life and character--Sufferings of accused

persons.

The record of religious persecution furnishes some of the saddest

pages in the world's history. It began with the immediate successors

of Constantine the Great, the first Christian prince. They promulgated

severe edicts against heretics with such penalties as confiscation,

banishment and death against breaches of Catholic unity. In this

present tolerant age when every one may worship God after his own

fashion, it is difficult to realise how recent a growth is toleration.

For more than six centuries the flames of persecution burned fiercely

throughout Christendom, lighted by the strong arm of the law, and

soldiers were constantly engaged to extirpate dissent from the accepted

dogmas with fire and sword. The growth of the papacy and the assumption

of the temporal power exalted heresy into treason; independence of

thought was deemed opposition to authority and resistance to the

universal supremacy of the Church. The popes fighting in self-defence

stimulated the zeal of their followers unceasingly to stamp out heresy.

Alexander III in the 12th century solemnly declared that every secular

prince who spared heretics should be classed as a heretic himself and

involved in the one common curse.

When the temporal power of the popes was fully established and

acknowledged, the papacy claimed universal sovereignty over all

countries and peoples and was in a position to enforce it by systematic

procedure against its foes. Pope Innocent III, consumed with the

fervour of his intolerant faith, determined to crush heresy. His

first step was to appoint two "inquisitors" (the first use of the

name) and two learned and devout friars, who were really travelling

commissioners, were sent to perambulate Christendom to discover heresy.

They were commended to all bishops, who were strictly charged to

receive them with kindness, treat them with affection, and "help them

to turn heretics from the error of their way or else drive them out

of the country." The same assistance was expected from the rulers of

states who were to aid the inquisitors with equal kindness.

The mission began in the south of France and a crusade was undertaken

against the Albigensians and Waldensians, those early dissidents from

the Church of Rome, who drew down on themselves the unappeasable

animosity of the orthodox. The campaign against these original heretics

raged fiercely, but persecution slackened and might have died out

but for the appearance of one devoted zealot whose intense hatred of

heresy, backed by his uncompromising energy, revived the illiberal

spirit and organised fresh methods of attack. This was Domingo de

Guzman, a Spanish monk who accompanied Foulques, Bishop of Toulouse,

when he left his desolated diocese to take part in the fourth Lateran

Council, assembled at Rome in 1215. This Domingo, historically known as

St. Dominic, was the founder of the Dominican order of friars.

Though generally accepted as such by Church historians, it is

now argued that St. Dominic was not really the founder of the

Inquisition[1] and that although he spent the best years of his life

in combating heresy he took no more prominent part in persecution than

hundreds of others. His eulogistic biographer describes him as "a man

of earnest, resolute purpose, of deep and unalterable convictions, full

of burning zeal for the propagation of the faith, yet kindly in heart,

cheerful in temper and winning in manner.... He was as severe with

himself as with his fellows.... His endless scourgings, his tireless

vigils, his almost uninterrupted prayer, his superhuman fasts, are

probably only harmless exaggerations of the truth." The Dominicans

boasted that their founder exhaled "an odour of sanctity" and, when his

tomb was opened, a delicious scent issued forth, so penetrating that it

permeated the whole land, and so persistent that those who touched the

holy relics had their hands perfumed for years.

[1] Lea. History of the Inquisition. Vol. I. p. 299.

Whatever the personal character of Dominic and whether or no he

laboured to carry out the work himself, there can be no doubt that

his Order was closely identified with the Inquisition from the first.

Its members were appointed inquisitors, they served in the prisons as

confessors, they assisted the tribunals as "qualificators," or persons

appointed to seek out proof of guilt, or estimate the extent or quality

of the heretical opinions charged against the accused; the great

ceremonials and _autos da fé_ were organised by them; they worked the

"censure" and prepared the "Index" of prohibited books. The Dominicans

were undoubtedly the most active agents in the Inquisition and they

owed their existence to him, even if he did not personally take part in

its proceedings.

The following quotation from Prescott's "History of Ferdinand and

Isabella" may well be inserted here. "Some Catholic writers would

fain excuse St. Dominic from the imputation of having founded

the Inquisition. It is true he died some years before the perfect

organisation of that tribunal; but as he established the principles

on which, and the monkish militia by whom it was administered, it is

doing him no injustice to regard him as its real author." The Sicilian

writer, Paramo, indeed, in his heavy quarto, traces it up to a much

more remote antiquity. According to him God was the first inquisitor

and his condemnation of Adam and Eve furnished the models of the

judicial forms observed in the trials of the Holy Office. The sentence

of Adam was the type of the Inquisitional "reconciliation," his

subsequent raiment of skins of animals was the type of the _sanbenito_,

and the expulsion from Paradise, the precedent for the confiscation of

the goods of heretics. This learned personage deduces a succession of

inquisitors through the patriarchs, Moses, Nebuchadnezzar, and King

David, down to John the Baptist, and he even includes our Saviour in

whose precepts and conduct he finds abundant authority for the tribunal.

The "Ancient Inquisition," as that first established in Spain is

generally called, had many of the features of the "modern" which dates

from the reign of Ferdinand and Isabella, and which will presently be

described at some length. Its proceedings were shrouded in the same

impenetrable secrecy, it used the same insidious modes of accusation,

supported them by similar tortures, and punished them with similar

penalties. A manual drawn up in the fourteenth century for the guidance

of judges of the Holy Office prescribes the familiar forms of artful

interrogation employed to catch the unwary, and sometimes innocent

victim. The ancient Inquisition worked on principles less repugnant to

justice than the better known, but equally cruel modern institution,

but was less extensive in its operations because in the earlier days

there were fewer heretics to persecute.

The ancient Inquisition was so unsparing in its actions that it almost

extirpated the Albigensian heresy. The punishments it inflicted were

even more severe than in the modern. Upon such as escaped the stake

and were "reconciled," as it was styled, a terrible "penance" was

imposed. One is cited by Llorente[2] as laid down in the ordinances of

St. Dominic. The penitent, it was commanded, should be stripped of his

clothes and beaten by a priest three Sundays in succession from the

gate of the city to the door of the church; he must not eat any kind of

meat during his whole life; must abstain from fish, oil and wine three

days in the week during life, except in case of sickness or excessive

labour; must wear a religious dress with a small cross embroidered on

each breast; must attend mass every day, if he has the means of doing

so, and vespers on Sundays and festivals; must recite the service for

the day and night and repeat the paternoster seven times in the day,

ten times in the evening, and twenty times at midnight. If he failed in

any of these requirements, he was to be burned as a "relapsed heretic."

[2] History of the Inquisition.

Chief among the causes that produced the new or "modern" Inquisition

was the envy and hatred of the Jews in Spain. Fresh material was

supplied by the unfortunate race of Israel, long established in the

country, and greatly prosperous. They had come in great numbers after

the Saracenic invasion, which indeed they are said to have facilitated,

and were accepted by some of the Moorish rulers on nearly equal terms,

and were treated with a tolerance seldom seen among Mahometans, though

occasional outbursts of fanaticism rendered their position not quite

secure. Under these generally favourable auspices the Jews developed

in numbers and importance. Their remarkable instinct for money making

and their unstinting diligence brought them great wealth. Their love of

letters and high intelligence gave them preëminence in the schools of

the Moorish cities of Cordova, Toledo and Granada, where they helped

to keep the flame of learning bright and shining through the darkest

ages. They became noted mathematicians, learned astronomers, devoted

labourers in the fields of practical and experimental science. Their

shrewdness in public affairs and their financial abilities commended

them to the service of the state, and many rose to the highest civic

dignities at both Christian and Moorish courts. Often, despite

prohibitory laws, they collected the revenues and supervised the

treasuries of the kingdoms of Castile and Aragon, while in private life

they had nearly unlimited control of commerce and owned most of the

capital in use.

After the Christian conquest, their success drew down upon them the

envy and hatred of their less flourishing fellow subjects, who resented

also that profuse ostentation of apparel and equipage to which the

Jewish character has always inclined. Their widespread practice of

usury was a still more fruitful cause for detestation. Often large sums

were loaned, for which exorbitant rates of interest were charged, owing

to the scarcity of specie and the great risk of loss inherent to the

business. As much as twenty, thirty-three, and even forty per cent.

per annum was exacted and paid. The general animosity was such that a

fanatical populace, smarting under a sense of wrong, and urged on by a

no less fanatical clergy broke out at times into violence, and fiercely

attacked the Jews in the principal cities. The _Juderías_, or Jewish

quarters, were sacked, the houses robbed of their valuable contents,

precious collections, jewels and furniture were scattered abroad, and

the wretched proprietors were massacred wholesale, irrespective of sex

and age. According to the historian, Mariana, fifty thousand Jews were

sacrificed to the popular fury in one year, 1391, alone.

This was the turning point in Spanish history. Fanaticism once aroused,

did not die until all Jews were driven out of Spain. It brought into

being another class also, the _Conversos_, or "New Christians," _i. e._

Jews who accepted Christian baptism, though generally without any

spiritual change. At heart and in habits they remained Jews.

The law was invoked, too, to aggravate their condition. Legislative

enactments of a cruel and oppressive kind were passed. Jews were

forbidden to mix freely with Christians, their residence restricted

to certain limited quarters, they were subject to irksome, sumptuary

regulations, debarred from all display in dress, forbidden to carry

valuable ornaments or wear expensive clothes, and they were held up to

public scorn by being compelled to appear in a distinctive, unbecoming

garb, the badge or emblem of their social inferiority. They were also

interdicted from following certain professions and callings. They might

not study or practise medicine, might not be apothecaries, nurses,

vintners, grocers or tavern keepers, were forbidden to act as stewards

to the nobility or as farmers or collectors of the public revenues,

although judging from repeated re-enactments, these laws were evidently

not strictly enforced, and often in some districts were not enforced at

all.

Fresh fuel was added to the fiery passions vented on the Jews by the

unceasing denunciation of their heresy and dangerous irreligion, and

public feeling was further inflamed by grossly exaggerated stories

of their hideous and unchristian malpractices. The curate of Los

Palacios has detailed some of these in his "Chronicle," and they

will serve, when quoted, to show what charges were brought against

the Jew in his time. "This accursed race (the Israelites)," he says,

speaking of the proceedings taken to bring about their conversion,

"were either unwilling to bring their children to be baptised, or if

they did, they washed away the stain on the way home. They dressed

their stews and other dishes with oil instead of lard, abstained from

pork, kept the passover, ate meat in Lent, and sent oil to replenish

the lamps of their synagogues, with many other abominable ceremonies

of their religion. They entertained no respect for monastic life, and

frequently profaned the sanctity of religious houses by the violation

or seduction of their inmates. They were an exceedingly politic and

ambitious people, engrossing the most lucrative municipal offices, and

preferring to gain their livelihood by traffic, in which they made

exorbitant gains, rather than by manual labour or mechanical arts. They

considered themselves in the hands of the Egyptians whom it was a merit

to deceive and rob. By their wicked contrivances they amassed great

wealth, and thus were able often to ally themselves by marriage with

noble Christian families."

The outcry against the Jews steadily increased in volume. The clergy

were the loudest in their protests against the alleged abominations,

and one Dominican priest, Alonso de Hojeda, prior of the monastery of

San Pablo in Seville, with another priest, Diego de Merlo, vigorously

denounced the "Jewish leprosy" so alarmingly on the increase and

besought the Catholic sovereigns to revive the Holy Office with

extended powers as the only effective means of healing it. The appeal

was strongly supported by the papal nuncio at the Court of Castile.

Ferdinand and Isabella, as devout Catholics, deplored the prevalence

of heresy, which they acknowledged to be rampant, and yet they

hesitated to surrender any of their independence. No other state in

Europe was so free from papal control or interference. Some of the

Conversos held high places about the court and they, of course, used

every effort to strengthen the reluctance of the queen, particularly.

On the other hand, the Dominican monk, Thomas de Torquemada, her

confessor in her youth, strove to instil the same spirit of unyielding

fanaticism that possessed himself, and earnestly entreated her to

devote herself to the "extirpation of heresy for the glory of God and

the glorification of the Catholic faith." She long resisted but yielded

at last to the unceasing importunities of the priests around her, and

consented to solicit a bull from the pope, Sixtus IV, to introduce

the Modern Inquisition into Castile. It was issued, under the date of

November 1st, 1478, and authorised the appointment of two or three

ecclesiastical inquisitors for the detection and suppression of heresy

throughout Spain.

One difference from the usual form establishing such tribunals was the

location of the power of appointment of inquisitors, which was vested

in the king and queen instead of in Provincials of the Dominican or

Franciscan Orders. Heretofore the appointment of inquisitors had been

considered a delegation of the authority of the Holy See, something

entirely independent of the secular power. But so jealous of outside

interference were the Spanish rulers and the Spanish people, that the

pope was forced to give way. Though he and his successors vainly strove

to recover the power thus granted, they were never entirely successful,

and the Spanish Inquisition remained to a large extent a state affair,

and this fact explains much which otherwise is inexplicable. For

example the confiscations passed into the royal instead of into the

papal treasury.

At first mild measures were to be tried. Cardinal Mendoza, Archbishop

of Seville, had drawn up a catechism instructing his clergy to spare no

pains in illuminating the benighted Israelites by a candid exposition

of the true principles of Christianity. Progress was slow, and after

two years the results were so meagre that it was thought necessary to

proceed to the nomination of inquisitors, and two Dominican monks, Fra

Miguel de Morillo, and Juan de San Martin, were appointed with full

powers, assisted by an assessor and a procurator fiscal.

The Jews played into the hands of their tormentors. Great numbers

had been terrified into apostasy by the unrelenting hostility of the

people. Their only escape from the furious attacks made upon them had

been conversion to Christianity, often quite feigned and unreal. The

proselytising priests, however, claimed to have done wonders; one, St.

Vincent Ferrer, a Dominican of Valencia, had by means of his eloquence

and the miraculous power vouchsafed him, "changed the hearts of no less

than thirty-five thousand of house of Judah." These numerous converts

were of course unlikely to be very tenacious in their profession of

the new faith, and not strangely laid themselves open to constant

suspicion. Many were denounced and charged with backsliding, many more

boldly reverted to Judaism, or secretly performed their old rites.

Now uncompromising war was to be waged against the backsliding "new

Christians" or Conversos.

The inquisitors installed themselves in Seville, and made the Dominican

convent of San Pablo their first headquarters, but this soon proved

quite insufficient in size and they were allowed to occupy the fortress

of the Triana, the great fortress of Seville, on the right bank of

the Guadalquivir, the immense size and gloomy dungeons of which were

especially suitable. This part of the city was much exposed to

inundations, and when, in 1626, it was threatened with destruction by

an unusually high flood, the seat of the tribunal was removed to the

palace of the Caballeros Tellos Taveros in the parish of San Marco. In

1639 it returned to the Triana which had been repaired, and remained

there till 1789, when further encroachments of the river caused it to

be finally transferred to the College of Las Beccas. The Triana is now

a low suburb, inhabited principally by gipsies and the lower classes.

It was at one time the potters' quarter where the famous _azulejo_

tiles were made, and its factories to-day produce the well known

majolica vases and plates with surface of metallic lustre.

One of the first steps of the Inquisition was to put a summary check to

the exodus of the Jews who had been fast deserting the country. All the

magnates of Castile, dukes, counts, hidalgos and persons in authority,

were commanded to arrest all fugitives, to sequestrate their property

and send them prisoners to Seville. Any who disobeyed or failed to

execute this order were to be excommunicated as abettors of heresy, to

be deposed from their dignities and deprived of their estates. Such

orders were strange to the ears of the turbulent nobles who had been

accustomed to pay little heed to pope or king. A new force had arisen

in the land.

On the Castle of the Triana,[3] already described, a tablet was

erected over the portals with an inscription, celebrating the

inauguration of the first "modern Inquisition" in Western Europe.

The concluding words were:--"God grant that for the protection and

augmentation of the faith it may abide unto the end of time. Arise oh

Lord, judge Thy cause! Catch yet the foxes (heretics)!"

[3] The counts of San Lucar were hereditary alcaldes of Triana, and in

return for surrendering the castle, they were granted the dignity of

Alguazil Mayor of the Inquisition. It was worth 150,000 maravedis a

year and the holder of the office provided a deputy. The maravedi, once

a gold coin of some value, latterly represented only 3/8 of a cent.

Just now, by an ill-advised move, the Conversos lost the sympathy of

all. Diego de Susan, one of the richest citizens of Seville, called

a meeting of the "New Christians" in the church of San Salvador. It

was attended by many high officials, and even ecclesiastics of Jewish

blood. Susan suggested that they collect a store of arms, and that at

the first arrest, they rise and slay the inquisitors. The plan was

adopted but was betrayed by a daughter of Susan, who had a Christian

lover. The plotters were arrested at once, and on February sixth, 1481,

six men and women were burned and others were severely punished.

The hunt was cunningly organised. An "Edict of Grace" was published

promising pardon to all backsliders if they would come voluntarily

and confess their sins. Many sought indulgence and were plied with

questions by the inquisitors to extract evidence against others. On

the information thus obtained the suspected were marked down, seized

and carried off to the prisons. Any adherence to Jewish customs gave

opportunity for denunciation, and the severe measures rapidly reduced

the numbers of the backsliding Jewish-Christians. In Seville alone,

according to Llorente, two hundred and ninety-eight persons were burnt

in less than a year, and seventy-nine were condemned to perpetual

imprisonment. Great sums ought to have passed into the treasury, then

and afterwards, from the confiscated property of rich people who

perished at the stake or were subjected to fine and forfeiture. But the

great engine of the Inquisition was excessively costly. The pageants

at the frequent _autos da fé_ were lavishly expensive, a great staff

of officials, experts, familiars and guards was maintained, and, in

addition, the outlay on the place of execution, the "_quemadero_" or

burning place, a great pavement on a raised platform adorned with fine

pillars and statues of the prophets, was very considerable, while the

yearly bill for fuel, for faggots and brush wood rose to a high figure.

Undoubtedly there was considerable embezzlement also.

There was evidently too much work for two men, so in February, 1482,

seven additional inquisitors were commissioned by the pope on the

nomination of the sovereigns, and some of these were exceedingly

zealous. There was, however, much confusion because of the lack

of a unifying authority. The sovereigns were determined that the

institution must be kept under the control of the state, and so a

council of administration usually called _la Suprema_ was added to

those already existing, and was charged with jurisdiction over all

measures concerning the faith. At the head was placed a new officer,

later called the inquisitor-general. The inquisitor-general was hardly

a subject. He had direct access to the sovereign and exercised absolute

and unlimited power over the whole population and was superior to

all human law. No rank, high or low escaped his jurisdiction. Royal

personages were not exempt from his control, for the Holy Office

invaded the prince's palace as well as the pauper's hovel. There was

no sanctity in the grave, for corpses of heretics were ruthlessly

disinterred, mutilated and burned.

The first inquisitor-general under the new organisation was Thomas

de Torquemada, who has won for himself dreadful immortality from the

signal part he played in the great tragedy of the Inquisition. He was

a Dominican monk, a native of old Castile, who had been confessor and

keeper of the Queen's conscience to Isabella in her early days and

constantly sought to instil his fiery spirit into her youthful mind.

"This man," says Prescott, "who concealed more pride under his monastic

weeds than might have furnished forth a convent of his order, was one

of that class with whom zeal passes for religion and who testify their

zeal by a fiery persecution of those whose creed differs from their

own; who compensate for their abstinence from sensual indulgence by

giving scope to those deadlier vices of the heart, pride, bigotry

and intolerance which are no less opposed to virtue and are far more

extensively mischievous to society." The cruelties which he perpetrated

grew out of a pitiless fanaticism, more cruel than the grave. He was

rigid and unbending and knew no compromise. Absolutely fearless,

he directed his terrible engine against the suspect no matter how

high-born or influential.

Torquemada was appointed in 1483 and was authorised from Rome to frame

a new constitution for the Holy Office. He had been empowered to create

permanent provincial tribunals under chief inquisitors which sat at

Toledo, Valladolid, Madrid and other important cities, and his first

act was to summon some of these to Seville to assist him in drawing

up rules for the governance of the great and terrible engine that

was to terrorise all Spain for centuries to come. The principles of

action, the methods of procedure, the steps taken to hunt up victims

and bring them under the jurisdiction of the court, secure conviction

and enforce penalties, are all set out at length in the record of the

times. "A bloody page of history," says the historian, "attests the

fact that fanaticism armed with power is the sorest evil that can

befall a nation." For generations the Spanish people, first the Jews,

then the Moriscos, lastly the whole native born community lay helpless

in the grip of this irresponsible despotism. Few, once accused,

escaped without censure of some sort. Llorente declares with his usual

exaggeration that out of a couple of thousand cases, hardly one ended

in acquittal and the saying became proverbial that people if not

actually roasted by the Inquisition were at least singed.

In order to appreciate fully the harshness of the Spanish Inquisition

and the cruelties perpetrated for several centuries, under the guise of

religion, we must trace the steps taken by the Holy Office, its guiding

principles and its methods of procedure.

The great aim at the outset was to hunt up heretics and encourage the

denunciation of presumed offenders. Good Catholics were commanded by

edicts published from the pulpits of all churches to give information

against every person they knew or suspected of being guilty of heresy,

and priests were ordered to withhold absolution from any one who

hesitated to speak, even when the suspected person was a near relation,

parent, child, husband or wife. All accusations whether signed or

anonymous were accepted, but the names of witnesses were also required.

On this sometimes meagre inculpation victims might be at once arrested,

though in some cases, censors must first pass upon the evidence. Often

not a whisper of trouble reached the accused until the blow actually

fell.

Kept thus in solitary imprisonment, cut off entirely from his friends

outside, denied the sympathy or support he might derive from their

visits or communications, he was left to brood despairingly, a prey

to agonised doubts, in ignorance even of the charges brought against

him. A few brief extracts from the depositions of witnesses might be

read to him, but the statements were so garbled that he could get no

clue to names or identities. If there were any facts favourable to him

in the testimony they were withheld from him. If he could, however,

name as mortal enemies some of the witnesses, their testimony was

much weakened. Facts of time, place and circumstance in the charges

preferred were withheld from him and he was so confused and embarrassed

that unless a man of acuteness and presence of mind he might become

involved in inextricable contradictions when he attempted to explain

himself.

On the other hand judges were guided and supported by the most minute

instructions. "It is the high and peculiar privilege of the tribunal

that its officers are not required to act with formality; they need

observe no strict forensic rules and therefore the omission of what

ordinary justice might exact does not invalidate its actions, provided

only that nothing essential to the proof be wanting." The first

essential of justice, as we understand it, was ignored. An accused

person arraigned for heresy was expected to incriminate himself, to

furnish all necessary particulars for conviction. Testimony could

be received from persons of any class or character. "They might be

excommunicate, infamous, actual accomplices, or previously convicted

of any crime." The evidence of Jews and infidels might be taken also,

even in a question of heretical doctrine. Wife, children, relatives,

servants, might depose against a heretic. "A brother may declare

against a brother and a son against a father." The witnesses met with

no mercy. If any one did not say all he could, or seemed reluctant to

speak, the examiners occasionally ruled that torture should be applied.

Spanish Prisons The Inquisition at Home and Abroad, Prisons Past and Present · 第 1 / 10 章