It will be seen from this presentation of facts from the records that

the inquisitorial process, as developed in the Spanish Holy Office, so

far from being the benignant and equitable procedure asserted by its

representatives and re-echoed by modern apologists, was one which

violated every principle of justice. The guilt of the accused was

assumed in advance; the prosecution was favored in every way; the

defence was so crippled as to be scarce more than a pretext, while the

judge, who was in reality the prosecutor, was shielded, by impenetrable

secrecy, from all responsibility except to the Suprema. Many cases cited

above show that the arbitrary power thus conferred was not always

abused, for the individuals were not necessarily as vicious as the

system, but the power existed and its exercise for good or for evil

depended on temperament and temptation.[244]

BOOK VII.

PUNISHMENT.

CHAPTER I.

THE SENTENCE.

In the infliction of punishment, the Inquisition differed from secular

courts in one important respect. Public law provided for impenitent

heresy death by fire and confiscation, and visited on the penitent and

on descendants certain disabilities, but apart from these, in its

extensive field of jurisdiction over penitent heresy, suspected heresy

and other offences, the Inquisition had full discretion and was bound by

no rules. It was the only tribunal known to the civilized world which

prescribed penalties and modified them at its will. In this, as in so

much else, it combined the legislative and the executive functions.[245]

* * * * *

The culmination of the work of the tribunal was the sentence which

embodied the result of its labors and decided the fate of the accused.

In all cases that appeared in public autos de fe, the sentence was

publicly read, and the opportunity was not lost of impressing on the

minds of the people the lofty duties of the Holy Office and the enormity

of the guilt which merited such chastisement. It afforded an occasion

for the display of power, which was turned to the best account.

There were two forms of sentence--_con meritos_ and _sin meritos_. The

former recited at length the misdeeds of the culprit; the latter was

briefer and merely stated the character of the offence. The consulta de

fe, when it agreed upon a verdict, usually defined which form should be

used, and also whether or not the culprit should appear in a public

auto. This, in itself, was a severe infliction, aggravated by the

reading of a sentence _con meritos_. For lighter cases the sentence was

read in an _auto particular_, in the audience-chamber, of which there

were several varieties, as will be seen hereafter.

The sentence _con meritos_ commenced with a full recital of the details

of the trial, through all the various steps of the cumbrous process,

represented as a suit between the fiscal and the accused, and it

specified the crimes proved against or confessed by the culprit. It was

thus sometimes enormously long. In the famous case of Magdalena de la

Cruz, a fraudulent _beata revelandera_, whose fictitious sanctity and

miracles had deceived all Spain throughout a long career, the reading of

the sentence at Córdova, May 13, 1546, occupied from six in the morning

until four in the afternoon.[246] In the sentence of Don Pablo de Soto,

convicted of bigamy at Lima, in 1761, all the examinations are detailed

at full length, including information volunteered by him concerning

persons and matters in no way connected with the case; the secretary

appears to have copied verbatim the records of the successive audiences,

as though to prolong the shame of the penitent.[247] After these prolix

recitals there followed the verdict "Christi nomine invocato," in which,

if the trial had resulted in conviction, the inquisitors found that the

fiscal had duly proved his charges, wherefore they must declare the

accused guilty of the heresy alleged, with its corresponding

penalties.[248]

* * * * *

[Sidenote: _DELAYED UNTIL THE AUTO DE FE_]

As a rule, prisoners were left in ignorance of their fate until, on the

morning of the auto de fe, they were prepared for it by being arrayed in

the insignia which designated their punishments. So jealously were they

kept in the dark that, when the customary proclamation was made of an

auto, fifteen days in advance, with drum and trumpet, the officials were

not allowed to approach the Inquisition, lest the inmates should hear

the sounds and guess what was in preparation. At the great auto of Lima,

in 1639, we are told that, when the proclamation was made, the negro

assistants of the gaoler were shut up in a place where they could not

hear it, so that they might not carry the information to the prisoners,

and the workmen employed in making the mitres, sanbenitos and crosses

were assigned a room in the Inquisition where they could labor unseen,

under an oath of secrecy.[249] The effect of the sudden revelation, when

it came, is indicated in the advice that it was better to give to those

who were to appear their breakfasts in their cells than to wait until

they were all brought together for the procession, for then there was

shame and confusion and suffering, the fathers seeing their sons and the

daughters their mothers in the sanbenitos and other insignia that

designated their punishments.[250] The despair induced by the preceding

long-drawn suspense occasionally found expression, as in the case of

Diego González, who was reconciled for Judaism in the Valladolid auto of

July 25, 1644. On the morning of that day, when the gaoler entered his

cell to give him breakfast, he was found pale and faint, with the blood

flowing freely from a wound in his arm, made with a nail from his

bedstead, under the impression that he was to be burnt, and he had to be

carried to the solemnity in a sedan-chair. Llorente recounts a similar

case, of which he was an eyewitness, in 1791, when a Frenchman named

Michel Maffre des Rieux hanged himself in consequence of being thus kept

in ignorance.[251]

The object of the delay in thus communicating the sentence was to

prevent appeals to the Suprema. We have seen how, in opposing appeals to

Rome, the Inquisition and the monarchs argued that they were wholly

superfluous, in view of the appellate jurisdiction of the

inquisitor-general, who was always prompt to rectify injustice committed

by the tribunals, but this nominal opportunity was rendered for the most

part illusory by this device of withholding knowledge of the sentence

until appeal was impossible. This came about by degrees. Originally it

would seem that the tribunals exercised discretion as to withholding the

sentence until the auto, although exceptions were rare. The Instructions

of 1561, while admitting a right of appeal in some cases, nullified it

by ordering, in such cases, the tribunals to send the proceedings in

advance to the Suprema, without allowing the accused to know of it.[252]

There evidently were contending influences, of justice on one side and

convenience on the other, for in 1568 it was ordered that, in cases not

of heresy, when the penalty was arbitrary, the culprit should be

notified in advance of the auto de fe, and this was extended, in 1573,

by instructions that, in cases admitting appeal, the parties should be

notified in time to enable them to do so. This concession to justice

caused trouble and, on April 11, 1577 the tribunals were ordered to

report on the evils arising from it. Apparently the inquisitors reported

adversely for, on September 18th, they were ordered to return to the

former practice of not notifying culprits prior to the auto de fe.[253]

There was, however, quite an extensive class of cases in which the right

of appeal was not completely cut off by this. These were the more

trivial ones, in which the sentence was rendered in the

audience-chamber, and in these both parties, the culprit and the fiscal,

were required to assent on the spot, when either could appeal, for the

fiscal had the same right as his opponent; it was included, in the

commission issued to fiscals, in the long enumeration of their powers

and duties, and was a right not infrequently exercised.[254] Although

the culprit thus had an opportunity to appeal, he was obliged to act

without advice. In the case of María Cazalla, in Toledo, December 19,

1534, when called upon to assent to her sentence in the

audience-chamber, she asked for delay; then, in the afternoon, she

begged to be allowed to consult her husband or her counsel and, on this

being refused, she accepted the sentence.[255] Still, as public autos

diminished and private _autillos_ multiplied, the opportunity for

appeals became more frequent and were sometimes successful.

[Sidenote: _APPEALS_]

This was more apt to benefit ecclesiastics than laymen for, except in

cases involving degradation, they were never exhibited in public autos;

their sentences were read in the audience-chamber, and they were more

likely than the ordinary culprit to possess the education and

intelligence requisite to profit by the opportunity. Cases of appeal by

them are consequently not infrequent. Fray Lucas de Allende, Guardian of

the Franciscan convent of Madrid, was one of the dupes of Lucrecia de

Leon, an impostor who pretended in dreams to have converse with God and

the saints. He busied himself in writing out her revelations and was

tried at Toledo, where he lay in prison from June, 1590, until April,

1596. He was sentenced to a reprimand and warning not to meddle with

such matters, to accept certain definitions laid down by the tribunal,

and to strict reclusion in a convent for a year. He vigorously protested

that the sentence was absurd and he appealed from it, to which the

fiscal retorted by likewise interjecting an appeal. The Suprema heard

both appeals and decided, July 30, 1596, by confirming the sentence as

to reprimand and warning, and omitting the rest. Even this did not

satisfy the obstinate Franciscan for when read to him, August 2d, he

refused to accept it and appealed to the pope, but, on being warned to

reflect well, he on the same day withdrew this appeal and submitted.

There can be little doubt however that the inquisitors suppressed the

revocation of part of the sentence, for there follows a petition from

him to be allowed to visit his native Villarubia before entering upon

his reclusion, deceit of this kind being perfectly practicable in the

profound secrecy of the tribunals.[256] More successful was the

Geronimite Fray Martin de Cazares, prosecuted in Valladolid for

superstitious curing of the sick and sentenced, in 1655, to reprimand

and four years' exile from certain places. The Suprema had confirmed the

sentence and yet on appeal from him it remitted the exile.[257] By this

time the Suprema was supervising all action of the tribunals and, as it

gradually became the whole Inquisition, appeals grew to be superfluous,

yet the custom of withholding the sentence was persistent.

There was one class of cases, however, in which notification of the

sentence was always made prior to the auto de fe--those in which the

culprit was condemned to relaxation. The object of this was to give him

a chance of saving his soul by confession and conversion; in the earlier

period the notification was short, being only at midnight before the

auto, but this, as we shall see hereafter, was subsequently extended to

three days.

* * * * *

In the medieval Inquisition, the inquisitor, when rendering sentence,

always reserved the right to modify it, in the direction either of mercy

or of severity, or to remove it wholly. He could do this, for he was

practically independent and irresponsible to any superior, the only

authority over him being the distant and almost inaccessible Holy See.

The Spanish inquisitor occupied a wholly different position, being held

in strict and constantly increasing subordination to the Suprema and, as

commutations early became a source of large revenue, it is easy to

understand that the tribunals were not permitted to participate in the

proceeds. Already in 1498, the Instructions thus undertook to limit the

power of inquisitors to modify sentences, by ordering that they should

not grant commutations for money or favor or without just cause and,

when such existed, the commutation must be into fasts, almsgiving and

other pious uses; there could be no release from wearing the sanbenito

and the rehabilitation of descendants was reserved for the

inquisitor-general.[258] It was difficult to enforce restrictions which

recognized any right of inquisitors to modify sentences and, in 1513,

Ximenes deprived them of it wholly and concentrated the power in the

hands of the inquisitor-general.[259] It was wholly a matter of finance

and we have seen (Book <small>V</small>, Chap, iii) how it was thenceforth utilized.

The tribunal was recognized to have no power to modify a sentence when

once pronounced; as an experienced writer says, although by common law

inquisitors and Ordinaries can change or mitigate sentences, it is

otherwise under the Instructions which declare that this is reserved for

the inquisitor-general, the reason being that they have exhausted their

powers.[260]

[Sidenote: _SEVERITY OR BENIGNITY_]

In the Indies, where distance rendered application to the Suprema

virtually impossible, the tribunals seem to have retained the power of

modifying sentences, even though they may rarely have exercised it. In

1663 an old woman, known as Isabel de Montoya, tried for sorcery in

Mexico, was sentenced to appear in an auto de fe with the sanbenito, to

receive two hundred lashes and to serve for life in a hospital. In the

audience-chamber, November 5th, the sentence was read to her, in

presence of the fiscal and her advocate. With the assent of the latter,

she begged that the sanbenito and the scourging be omitted; she had only

been an impostor and had had no pact, expressed or implied, with the

demon, and in view of her age and sickness and crippling in the torture

she supplicated mercy. On November 7th the fiscal replied to this,

asking an aggravation of punishment because it proved her to be an

impenitent in denying her pact and intention. November 21st the consulta

de fe assembled and unanimously confirmed its former sentence.

The auto de fe was not celebrated until May 4, 1664; on the 6th she was

duly scourged through the streets and on the 15th she was delivered to

the Hospital del Amor de Dios. Her pitiful prayer, urging age and

sickness, was justified for, on June 17th, a messenger from the hospital

announced her death, and the inquisitors briefly ordered it to bury

her.[261]

* * * * *

As regards cruelty, it is impossible to generalize, where in the earlier

periods so much discretion was allowed to the tribunals, and so much

depended on the temper of the inquisitors, who might be stern or humane.

In the case of the obstinate heretic or of the _impenitente negativo_

there was no question; the law of the land and universal public opinion

alike condemned him to the stake but, in the wide sphere of the penitent

heretic and of the numerous offences of which the Inquisition had

cognizance, there was an ample field for the display of severity or

benignity. Against the barbarity of a case like that of Isabel de

Montoya, which had too many parallels, may be set the tendencies of the

Toledo tribunal about 1600. In its reports to the Suprema at that period

there, frequently occur explanatory remarks, as though to apologize for

the mildness of the sentences, which indicate its readiness to temper

its judgements--such expressions as "she was a poor and ignorant woman,"

"she was simple and ignorant," "she was spared heavier penance because

she was only sixteen years old," "she seemed a very simple and a very

good woman," "recent baptism and drunkenness." Occasionally, in bigamy

cases, involving scourging and the galleys according to rule, the

omission of these is justified by the age or weakness of the culprit.

Sometimes, but not often, the suffering which the prisoner has endured

during prolonged imprisonment is taken into consideration, and is

admitted as part of the punishment.[262] This tendency towards mercy

becomes more marked in the period of decadence, when the humanitarian

development of the age made itself felt even in the Inquisition, and it

offers a suggestive contrast to the savage fanaticism of the secular

courts of a land which claimed to be more enlightened than Spain. In

1765 a wooden crucifix on the bridge at Abbeville was mutilated and the

Bishop of Amiens published a _monitoire_ ordering, under pain of

excommunication, any one having knowledge of the matter to denounce the

offender. Duval de Saucourt, a counsellor in the court of Abbeville, who

was inimical to the Abbess of Villancourt, accused her nephew, the

Chevalier de la Barre, a youth of nineteen. The only evidence was that

he had once passed a procession without lifting his hat, that he had

talked against the Eucharist and had sung impious and licentious songs.

He was doubtless irreligious and debauched, and his evil reputation

sufficed, in the court of Abbeville, to justify a sentence of amputating

his tongue and right hand and burning him alive. Appeal was made to the

Parlement of Paris which, by a vote of fifteen to ten, confirmed the

sentence, with the mitigation of beheading before concremation and this

was duly executed, July 1, 1766.[263] The annals of the Spanish

Inquisition offer nothing more hideous than this, and the comparison is

the more instructive in that its penalty for sacrilegiously outraging an

image of Christ, the Virgin or the saints, with aggravating

circumstances, was merely appearance in an auto de fe with the insignia

of a blasphemer, abjuration _de levi_ and a hundred lashes or vergüenza

or exile, according to the character of the offence and of the

culprit.[264]

The Inquisition boasted that it was no respecter of persons and, in one

point at least, its rules offer a favorable contrast to those of the

secular law. In Spanish law the privileges of gentility were fully

recognized and, for many crimes, the penalties assigned to gentle blood

were much milder than those inflicted on the commonalty. This was

reversed in the Inquisition, where it was prescribed that, in matters of

faith, nobles should be punished more severely than plebeians.[265] This

was doubtless owing to the assumption that they were more intelligently

trained and less exposed to error, besides the fact that their example

was more impressive. On the other hand, however, the clergy, for whom

less excuse could be found, were treated with much greater leniency than

the laity and, far from being utilized as examples, their frailties and

errors were shielded as much as possible from public view, in order not

to diminish popular reverence for the Church.

[Sidenote: _NON-PERFORMANCE_]

The penal resources of the Inquisition, as we shall see, were endless.

While, for certain well-defined offences, certain penalties were

customary, the discretion of the consultas de fe was bound by no

definite limitations as to what were known as _penas extraordinarias_,

and they could devise whatever seemed appropriate to special cases.

Infinite gradations and intricate combinations were resorted to in the

effort to fit the penalty to the offence of each individual, and also

doubtless often to secure unanimity in the consulta de fe, so that not

infrequently there are six or eight separate and distinct inflictions in

a single sentence. It would be too much to expect that, in so composite

an institution, during more than three centuries of existence, there

should have been strict consistency in the exercise of this discretional

power, but, making allowance for the infirmities of human nature under

the temptation of irresponsibility, it can scarce be said that it

habitually abused its authority, according to the barbarous standard of

the times, except in the infliction of pecuniary penalties on which its

finances depended, and in the vindication of its authority against all

who dared to question its supremacy. It was callous to the sufferings of

those whom it prejudged as guilty; it devised the most atrocious

formulas of procedure; but, when it had secured confession or

conviction, it was not systematically and ferociously cruel as has so

often been asserted.

* * * * *

As regards the enforcement of the sentence, it is to be observed that

the penalties divide themselves into two classes. Some, such as

relaxation, confiscation, fines, scourging, the galleys, reconciliation

and abjuration, were within the power of the tribunal. Others, like

imprisonment, the sanbenito, exile and reclusion, depended to a greater

or less degree on the will or the fears of the penitent. Theoretically,

as we have seen, punishment was regarded as penance, voluntarily

accepted by the penitent for the salvation of his soul, but the

Inquisition, unlike the father confessor, did not rely wholly on the

penitential ardor of the sinner. Punishment retained enough of the

character of penance to justify the theologian in treating its

non-performance as a proof that repentance had been feigned, and that

the offender had relapsed into heresy, the penalty for which, under the

canons, was death by fire without trial. In the earlier time this was

enforced in so far as was possible. Thus, in 1486, at Saragossa, Rodrigo

de Gris, who had been condemned to perpetual imprisonment in a

designated house, with the penalty of relapse for leaving it, escaped

and was burnt in effigy as a relapsed and, in 1487, Cristóval Gelva, to

whom the Hospital of Nuestra Señora de la Gracia was assigned as a

perpetual prison, was burnt in effigy for escaping.[266] This continued

for some time to be the theory but, in practice, while summoning the

fugitive as an impenitent relapsed, to appear for judgement, it was

deemed safer to proceed against him in the ordinary way _in absentia_,

waiting for a year and prosecuting him for contumacy. Such a case

appears to be that of Bartolomé Gallego, who escaped in 1525 from the

penitential prison of Toledo and was condemned to relaxation in effigy,

November 3, 1527.[267] Some forty years later, Pablo García explains

that the suspicion arising from flight, joined with that of remaining

under excommunication for a year, afforded sufficient proof for

declaring the fugitive a relapsed heretic and relaxing his effigy. It

was only when evidence could be had of subsequent acts of heresy that

direct proceedings for relapse were justified, and this was decided in a

case where a fugitive was relaxed in effigy, and the Suprema revoked the

sentence and rescinded the confiscation.[268]

[Sidenote: _NON-PERFORMANCE_]

The theory of relapse was evidently giving way. Simancas tells us that,

although supported by high authorities, it is cruel and false and not

founded in law; the fugitive is impenitent, not relapsed; if he returns

or is captured he is to be heard, and if prepared to obey the Church,

his flight only deserves an increase of penalty.[269] How rapidly the

ancient severity was disappearing is manifested by a case in Valencia,

in 1570. Pedro Luis Verga was prosecuted for Protestantism on a vague

accusation that, when studying in Paris in 1555, he had consorted with

the dreaded Juan Pérez and had shared his opinions, for which he was

reconciled and sentenced not to leave the kingdom. He disobeyed and, in

1570, he was heard of in Genoa, giving utterance to heretical opinions.

Now this was a case of relapse, as well as of non-fulfilment of penance,

but he was prosecuted for contumacy as a simple fugitive.[270] It was an

evidence that the old rule had become obsolete when inquisitors

sometimes prescribed in their sentences that the penance was to be

performed under pain of impenitent relapse, as in the case of Juan

Franco, condemned at Toledo, in 1570, to eight years of galleys for

Protestantism, and of Juan Cote, by the same tribunal, in 1615, to

irremissible perpetual prison for the same heresy.[271] Towards the

middle of the seventeenth century, Alberghini gives the various opinions

held on the subject, and concludes that that of Simancas was commonly

accepted.[272]

Cases of non-fulfilment were not infrequent for, as we shall see, the

discipline of the penitential prisons was exceedingly lax; any penitent

could absent himself and then throw off the sanbenito, which was the

customary accompaniment of imprisonment, but, although this was

canonically relapse, such cases were treated with what in those days

might be considered as mercy. Thus Diego González, reconciled for

Judaism at Valladolid, in 1644, and condemned to prison and habit, was

recognized in 1645, at Medina de Rioseco, without the sanbenito. On

being tried for this, the consulta de fe was not unanimous and the

Suprema sentenced him to a hundred lashes.[273] It was the same with

sentences of exile. In 1667, at Toledo, Francisco López Rodríguez, who

had been reconciled in 1665 and had already been prosecuted for

non-fulfilment of penance, was tried for doing so again, and was

condemned only to a hundred lashes and two years more of exile. So in

1669, Juan López Peatin, for infraction of exile, had only two years

added to the original term.[274]

A curious case, however, in 1606, shows how penitents were expected to

fulfil their penances. Gaspar Godet, a Morisco, had been condemned at

Valencia to reconciliation, a hundred lashes, and perpetual prison, of

which the first eight years were to be passed in the galleys. After five

years' service, his galley was captured by the English, near Lisbon, and

he was set free. He ought strictly to have conveyed himself on board of

another galley to serve out his term, but he seems to have imagined that

he was released from his sentence; he quietly returned to his native

Torre de Llovis and resumed his profession of surgeon. He was, of

course, reported to the tribunal, which seized him in August, 1606, and

condemned him not only to complete his sentence but to undergo a hundred

lashes and to pay a fine of two hundred libras, although the maximum

fine that could legally be imposed on a Morisco was ten ducats.[275]

The renewed activity of the Inquisition, in the early eighteenth

century, seems to have been accompanied with a recrudescence of severity

in these cases. In the Valencia auto de fe of February 24, 1723, Antonio

Rogero was reconciled and condemned to irremissible prison and

sanbenito. He escaped but was captured and, in the auto of March 12,

1724, he was condemned to two hundred lashes and five years of galleys,

after which he was to be returned to prison, but the inquisitor-general

mercifully commuted the scourging and galleys to five years of presidio,

or labor in an African garrison. So, in the Valencia auto of June 25,

1724, Joseph Ventura, of Fez, a Moorish convert, had been reconciled

with three years of prison and sanbenito; he fled, was captured and, in

the auto of July 1, 1725, his prison was made perpetual and

irremissible; again he fled, to be again caught and, in the auto of

September 17, 1725, he was condemned to five years of galleys, after

which he was to be returned to prison.[276]

[Sidenote: _NON-FULFILMENT OF PENANCE_]

All these were cases of formal heresy, for relapse in which the

canonical punishment was burning. For offences less heinous, which

inferred only suspicion of heresy, there was an occasional practice of

including in the sentence a penalty for non-fulfilment of the penance.

This was in every respect an arbitrary matter, concerning which no

generalization can be formulated, for it is frequently impossible to

divine why, in a group of similar cases, some sentences should carry

this threat and some should not. This apparently objectless diversity is

markedly exhibited in the auto of May 13, 1565, at Seville, where there

were a large number of penitents thus arbitrarily differentiated. In the

cases where the threat was employed, there was slender indication of

mercy, for where exile for life or for a term of years was imposed, the

penalty for non-fulfilment was that it should be completed in the

galleys. In one case, that of Abel Jocis, for conveying arms to Barbary,

the sentence was merely a prohibition to sail to Barbary, but a

violation of this was visited with the galleys for life.[277] It should

be added, however, for the credit of the Inquisition, that it not

infrequently made threats which it had not the cruelty to execute. Thus

the tribunal of Toledo, on a charge of divination, banished from Spain a

priest named Fernando Betanzas, with a threat of the galleys for

disobedience. Not long afterwards the Bishop of Salamanca found and

arrested him, and the Suprema, December 22, 1636, ordered the tribunal

of Valladolid to investigate the case, after which the Suprema contented

itself with deporting him to Portugal, and warning him that, if he

returned again, he should be sent to the galleys.[278]

The case of the Augustinian Fray Diego Caballero, in 1716, indicates how

non-fulfilment of penance might convert into formal heresy that which

was mere suspicion. For uttering unacceptable propositions, he had been

sentenced by the tribunal of Córdova to reclusion for four years in the

convent of Guadix. He fled from there and continued to repeat his

erroneous utterances, for which the Toledo tribunal pronounced him to be

relapsed in grave crime and sentenced him to abjure _de vehementi_, to

be suspended from his orders for a year, to perpetual deprivation of

preaching, confessing and the right to vote and be voted for, to ten

years' exile from a number of places, to four years' reclusion in a

designated house, where for six months he was to be confined in a cell.

He was also to wear a sanbenito, while his sentence was read in the

audience-chamber, and the next day it was to be read to the assembled

brethren of his Toledo convent, who were to administer to him a circular

discipline, and he was to forfeit half his peculium--and all this under

pain of being held as an impenitent relapsed.[279] What is noteworthy

here is not only the severity of this long accumulation of penalties,

but also the abjuration _de vehementi_ which rendered reincidence in the

abjured errors a matter for the stake.

* * * * *

In the medieval Inquisition it may be said that acquittal was virtually

prohibited--a sentence of not proven might possibly be rendered, but

acquittal was an admission of fallibility and was regarded as a bar to

subsequent proceedings in case further evidence was obtained.[280] This

principle was maintained in the Roman Inquisition, although, in the

eighteenth century, exception was made in cases where the adverse

evidence was clearly proved to be fraudulent.[281] The Spanish Holy

Office was not quite so sensitive, and had no hesitation as to repeated

prosecutions, so that to it acquittal was a less serious matter.

Moreover, while sentences of not proven were not unknown, there was an

equivalent device by which the accused could be dismissed without

admitting his innocence--suspending the case and discharging him,

subject to the liability of its being reopened at any time.

The furious zeal of Torquemada rendered acquittal peculiarly distasteful

to him, and we have seen above (Vol. I, p. 175) a case in which he set

aside acquittals at Medina del Campo, and insisted on conviction

although, at his instance, the parties had been tried twice and had been

tortured without confession. This temper on his part could not but

impress itself on his subordinates, and yet we occasionally meet with

acquittals in this early time--acquittals, however, which manifest a

strange mental confusion, and betray the unwillingness to admit the

prosecution of the innocent, for they couple acquittal with punishment.

Thus at Guadalupe, in 1485, in the case of Andrés Alonso of Trogillano,

the sentence recites that the fiscal had not proved his accusation as

fully as he ought, wherefore the inquisitors absolved the accused but,

as the evidence aroused some suspicion in their hearts, for the

satisfaction of their consciences and his, they sentenced him to abjure

_de levi_ and, as some infamy had accrued to him from the accusation,

they removed it and restored him to his former good repute, and lifted

the sequestration on his property. Whereupon he duly abjured _de levi_,

renouncing all manner of heresy, and especially that of which he was

accused, promising to be always obedient to the Church, after which he

was absolved _ad cautelam_ from any excommunication which he might have

incurred, and of all this he asked to have a certificate.[282] All the

acquittals that I have met, of this period, bear this illogical

character, sometimes even requiring abjuration _de vehementi_ and

inflicting penalties for the offence of which the accused is pronounced

innocent.

[Sidenote: _ACQUITTAL_]

In Barcelona, the Inquisition had been established twelve years before

the first acquittal was granted, and, from such record as we have, it

would appear that there were acquittals of more than one

kind--conditional and unconditional. Thus, in 1499, Jayme Castanyer and

Eufrosina Pometa were acquitted, but were required to abjure publicly on

May 2d, and, on October 5th, Luys Palau was acquitted. In 1500, on

September 18th, four women were acquitted absolutely, two men were

acquitted with penance, and two women and a man were acquitted with

abjuration. Then, on October 5th, the memory and fame of Juan de Ribes

Altes were cleared and, on December 20, 1501, Blanquina Darla was

acquitted absolutely.[283]

In a record of the Toledo tribunal, from 1484 to 1531, there are

eighty-six cases of acquittal, or an average of somewhat less than two

per annum which, in view of the intense activity of the earlier period,

indicates how few escaped when once the Inquisition had laid its hand

upon them. Some of these cases show how long the conditional acquittal

persisted. Thus of those acquitted, Hernando Parral was required to

abjure, and Francisca Ramírez and Catalina beata negra abjured _de

vehementi_. Unless there is a mistake by the scribe, Leonora de la Oliva

of Ciudad Real was acquitted and scourged, October 3, 1521, and again

had the same sentence October 13, 1530. In 1520 Alonso Hernández was

acquitted with public penance and, in 1513, Sancho de Ribera was

acquitted with confiscation. One entry is difficult of

comprehension--that of Inez González, who was voted to acquittal with

reconciliation and confiscation, but the confiscation was remitted.[284]

Practically acquittal amounted only to a sentence of not proven. In the

formula for it, Pablo García calls special attention to the omission of

the word "definitive," pointing out that it is not final, for the case

could be reopened at any time that fresh evidence was obtained--and even

without it, as we have seen in the case of Villanueva. In matters of

faith there was no finality, no _cosa juzgada_, and it was so declared

by Pius V, in the bull _Inter multiplices_, invalidating all letters of

absolution and acquittal issued by inquisitors and other spiritual

judges.[285] In strict accordance with this principle was the rule that

sentences of acquittal of the living were not to be read at the autos de

fe, unless at their especial request, while acquittals of the dead were

read; in either case, the sentence simply stated that he had been

accused of heresy and no details were given; if living he did not appear

at the auto and if dead there was no effigy.[286] All this was in

direct contradiction to the glowing eulogy of Páramo who, as we have

seen, states that the inquisitors used every means to prove the

innocence of the accused and, when they succeeded, took care that he

should go forth like a conqueror crowned with laurel and the palm of

victory.[287] Yet Páramo had some justification in the fact that there

were rare exceptional cases in which the acquitted was thus honored. The

only instance of this that I have met in Spain was that referred to

above (Vol. II, p. 561), where fourteen residents of Cádiz were falsely

accused. In Peru, however, several cases are recorded. In the Lima auto

of 1728 Doctor Agustin Valenciano appeared in the procession on a white

horse, with a palm, and proclamation was made of his innocence. In the

great auto of January 23, 1639, there were seven thus honored after

their three years of incarceration, and in that of October 19, 1749, the

effigy of Don Juan de Loyola, who had died in prison in 1745, headed the

procession, bearing a palm. This last case is perhaps explicable by

Jesuit influence, for he was of the family of St. Ignatius, and further

reparation was made by creating his brother, Don Ignacio de Loyola y

Haro alguazil mayor of the tribunal, while three nephews were made

familiars.[288]

The reluctance of the tribunals to pronounce a sentence of acquittal is

illustrated in the case of Francisco Marco, tried at Barcelona for

bigamy, in 1718. Unable to prove the charge, which was punishable with

scourging and galleys, the tribunal sentenced him to have his sentence

_con meritos_ read in the audience-chamber, to be reprimanded and

threatened, and to be banished from Barcelona and Madrid for six years.

In the earlier period this sentence would have stood, but by this time

the Suprema was in full control and it expressed great surprise at so

unjust a decision, inflicting so foul a stigma on the accused. It

declared null and void all the acts of the process, it ordered Marco to

be discharged at once, and that the inquisitors should defray out of

their salaries all the cost of his imprisonment.[289]

[Sidenote: _SUSPENSION_]

The indisposition to acquit found expression in the device known as

suspension. When the effort to convict failed, the case could be

suspended, thus leaving matters as they stood; the accused was neither

acquitted nor convicted, the case could at any moment be reopened and

prosecuted to the end, and it hung over the unfortunate victim while it

saved the infallibility of the tribunal. The earliest allusion to it

that I have met occurs in the Instructions of 1498, which show that it

was a usage already established and abused, for it is forbidden in

prosecutions of the dead, except when further evidence is expected, and

acquittal is ordered when the proof is imperfect, because there are many

cases of suspension that inflict hardship through the sequestrations

continuing in force.[290]

Suspension was a convenient resource for a tribunal, unable to convict

yet unwilling to acquit, and desirous to conceal its failure. At first

it was comparatively rare, but in time it became a favorite method of

escaping a decision and, as it gradually, for the most part, replaced

acquittal, in its development it might even remove the stigma; in the

great majority of cases it was practically the end of the matter, and it

was usually accompanied with lifting the sequestration. Some authorities

held that a case could not be entered as suspended, if there was enough

in it to justify a reprimand, or even when the offence was trivial and

the defendant was cautioned not to speak or act in that fashion, but

this rigidity of definition was not observed in practice. When

suspension was decided upon, the accused was not permitted to know it.

He was simply brought into the audience-chamber; if he had been confined

in the secret prison he was put through the customary inquiries as to

what he had seen and heard, and was sworn to secrecy; he was told that

for just reasons he was granted the favor of returning home and that he

must seek to discharge his conscience for his case was still

pending.[291] This mystery served to keep him in suspense, but, after he

found the sequestration or embargo lifted from his property, he could

doubtless fathom its meaning. If he demanded a definite sentence of

conviction or acquittal, he had the right to do so, but I have met with

no instance of this, and few could have been hardy enough thus to tempt

their fate. If he asked for a certificate that he was freely discharged,

or that his case was suspended, it was not to be given, but the Suprema

might grant him one to the effect that he was discharged without penance

or condemnation.[292]

Suspension wholly without penance was, however, unusual, for the

infallibility of the Inquisition was commonly emphasized by accompanying

it with some infliction, more or less severe. The lightest of these was

the reprimand and warning administered when discharging the accused. In

1650 the tribunal of Toledo summarily got rid of quite a number of cases

in this fashion--four on June 18th, two on the 25th and three on the

30th, and those were fortunate who escaped so lightly. About the same

time, Doña Gabriela Ramírez de Guzman, accused of superstitious sorcery,

was not only reprimanded, when her case was suspended, but was banished

for a year from Toledo and Madrid, and the same penance was assigned to

Domingo de Acuña, when his trial for propositions was suspended.[293]

How little incongruity was recognized in this is illustrated by the case

of Martin Mitorovich, at Madrid, in 1801, when one of the inquisitors

voted to suspend the case and confine him for life in the hospital of

Ceuta.[294] In fact, as suspension grew more frequent in the closing

years of the Inquisition, it was often coupled with severe inflictions.

Thus, August 30, 1815, the tribunal of Llerena suspended the case of

María del Carmen Cavallero y Berrocal, but sentenced her to reprimand,

two hundred lashes and three years' seclusion in a hospital; at the same

time, in view of her ingenuous confession, the scourging was suspended

until her amendment should earn its forgiveness, and the same phrases

were used with her accomplice, Nicolás Sánchez Espinal, who was

sentenced to reprimand, certain spiritual exercises and perpetual exile

from the province.[295]

[Sidenote: _ADMISSION TO BAIL_]

In cases like these, however, suspension had somewhat outgrown its

original purpose of a substitute for acquittal, and was a more than

doubtful mercy, for the case remained unconcluded, though visited with

full penalties, and could at any moment be reopened. That originally it

was merely a convenient device for escaping the admission of having

prosecuted the innocent is manifested by cases of which the records are

full. Thus, in 1607, Francisco Dendolea, a Morisco of Xea, was tried at

Valencia on the evidence of a witness that, when _limosnero_ or almoner

of Xea, he had, under pretext of begging for the poor, used his office

to serve notices of the commencement of the fast of Ramadan and give

other ceremonial instructions. He proved that he never was limosnero

and the charge fell to the ground, but the case was merely suspended.

So, in 1653, Doña Isabel del Castillo was prosecuted for Judaism at

Toledo. She had previously been reconciled at Valladolid, and it was

found that the evidence related to a period prior to the reconciliation.

She of course ought to have been acquitted, but the case was

suspended.[296] Even more self-evident is the case of the Benedictine

Padre Francisco Salvador, tried at Valladolid, in 1640, for sundry

propositions presented in a competition for a professorship. The

consulta de fe voted to suspend the case and the Suprema, in confirming

the sentence, added that a certificate should be given to him that no

offence had been found that would in any way prejudice him.[297]

There was also a kind of imperfect or informal acquittal, which

consisted in admitting the accused to bail at the end of the trial. It

saved the tribunal from the trouble of a decision and of an

acknowledgement that the prosecution had been in error, but it was cruel

to the party involved, as it left him but partly liberated and with the

stigma of heresy. Its working is fairly exemplified by the case of

Petronila de Lucena, tried in 1534, at Toledo on a charge of

Lutheranism. After nearly a year's incarceration, her brother, also

under trial, revoked in the torture the evidence which he had given

against her. There was no other testimony, yet she was not acquitted but

merely released, March 20, 1535, under bail of a hundred thousand

maravedis, to present herself when summoned. The security was furnished

and she was delivered to the bondsmen as her gaolers. On June 27th, she

petitioned for release, for the discharge of the bondsmen and for the

removal of the sequestration, which included some articles of personal

necessity in the hands of the gaoler; she was, she pleaded, poor and an

orphan, she needed the property and wished to be free to dispose of

herself. No notice was taken of this and, sixteen months later, on

October 20, 1536, she applied again; this time an order to lift the

sequestration was issued, but there is no record of her having been

released from subjection to bail. She thus remained under the ban and,

at the age of 25, the two careers open to a Spanish woman--marriage and

the nunnery--were virtually closed to her.[298]

There was yet another kind of acquittal, still more informal, in which

the accused was simply discharged and bade to be gone, without a

sentence, leaving him under the dreadful uncertainty of what might be

his position. An instance of this is the case of Miguel Mezquita, tried

for Lutheranism at Valencia, in 1536. The evidence was of the flimsiest,

and the inquisitors merely ordered him to be released from prison

without making further provision.[299]

The comparative frequency of these various forms of release, in the

earlier period, may be inferred from the record of the Toledo tribunal

from 1484 to 1531, in which there are eighty-six cases of acquittal, to

only four of suspension, four of release under bail, and two of simple

discharge--the latter forms thus being negligible quantities.[300] The

proportions changed rapidly with time, showing how much more in harmony

with the spirit of the institution were the forms which evaded

acknowledgement of error. A record of the same tribunal, from 1575 to

1610, contains an aggregate of eleven hundred and seventy-two cases of

all kinds, in which there were fifty-one acquittals, ninety-eight

suspensions and thirty simple discharges.[301] This tendency continued

with increasing development. A Toledo record from 1648 to 1694,

comprises twelve hundred and five cases, of which but six ended in

acquittal, one in discharge for mistaken identity, and a hundred and

four in suspension, nearly all of the latter coupled with a reprimand in

the audience-chamber--apparently a scolding for having given the

tribunal so much bootless trouble. The suspensions were, in nearly every

case, ordered by the Suprema, as though the inquisitors shrank from the

admission which it involved.[302]

[Sidenote: _COMPURGATION_]

This repugnance existed to the last. In 1806, Don Matias Brabo, an

ex-Agonizante and calificador of the Saragossa tribunal, was tried in

Madrid on the charge of uttering certain propositions; he was acquitted

but, in view of his disorderly life, especially in regard to the sixth

commandment, he was sentenced to a reprimand, to fifteen days of

spiritual exercises, and to make a general confession at such time as he

could do so without disrepute.[303]

The same spirit is seen in the instructions of the Suprema, October 14,

1819, to the Cuenca tribunal, authorizing the arrest and trial of María

Martínez for propositions. In case, it says, the trial shows that she

has not erred in the matters charged, or in anything else, she is to be

reprimanded and warned and told that the tribunal is keeping a watch

over her acts.[304]

There was another kind of suspension, by far the most frequent of all.

It often happened, especially in the later periods, that the _sumaria_,

or collection of evidence against a presumed offender, proved

insufficient to justify prosecution. In such cases it would be quietly

voted to suspension; it was filed away in its place among the records,

ready to be exhumed at any time, when further information might supply

deficiencies and induce active proceedings. Thousands of these abortive

processes reposed in the _secreto_ of the tribunals, the subjects of

which were unconscious of the dangers which had threatened them, or that

their names were on the lists of suspects of the dreaded tribunal. That

they were kept under surveillance is indicated by an occasional note,

such as one respecting a certain Johann Wegelin, a Calvinist--"there is

a sumaria which has been withdrawn because he became insane and returned

to his own country," or in another case "suspended because he died in

1802."[305]

* * * * *

Yet, taking it as a whole, when we consider that the inquisitorial

system was so framed as to put every temptation in the way of the judges

to condemn, for the sake of confiscations, fines, penances,

dispensations and commutations, it is rather creditable that acquittals

and suspensions should occur in the records even as frequently as we

find them there, though of course we have no means of knowing whether

those who thus escaped were among the wealthy or the poor.

* * * * *

There was still another possible form of sentence. The Barbarians who

overthrew the Roman Empire brought with them an ancestral custom, known

as compurgation or, in England, as the Wager of Law, by which a

defendant, in either a civil or criminal action, could maintain his

title or his innocence by taking an oath and bringing a specified number

of men who swore to their belief in its truth. They were known as

conjurators or compurgators and were in no sense witnesses; they

pretended to no knowledge of the facts but only to their confidence in

the veracity of their principal. This crude method of establishing the

truth was maintained in all the lands occupied by the Teutonic tribes

except in Spain, where the Wisigoths early yielded to the influence of

the Roman law. It was eagerly adopted by the clergy, who found in it a

convenient means of escaping from the harsher expedients of the ordeal

or the wager of battle, so that it acquired the name of canonical

purgation.[306] In the thirteenth century, the Inquisition found it used

in the trial of heretics and necessarily included it among the resources

for doubtful cases, although inquisitorial methods were too thorough to

call for its frequent employment.

The Spanish Inquisition naturally inherited compurgation among the other

traditions of the institution. When conviction could not be had by

evidence or torture, and yet the suspicion was too grave to justify

acquittal, it could sentence the accused to undergo compurgation. He

could not demand it, nor could he decline it, though he might appeal

from the sentence; and failure in compurgation was equivalent to

conviction, while success was not acquittal but required abjuration and

penance at the discretion of the tribunal, because, although legally

shown not to be a heretic, the accused had to be punished for

"suspicion."

[Sidenote: _COMPURGATION_]

The early Instructions are silent on the subject, and such cases of the

period as I have met indicate that there was no rigidly prescribed

method of procedure, although, in the main, they accord in showing it to

be a kind of trial by jury, after the tribunal had failed to reach a

decision. The general features of the process can be gathered from the

case at Saragossa of Beatriz Beltran, wife of the Juan de la Caballería,

accused of complicity in the murder of San Pedro Arbues, who died in

prison and was relaxed in effigy in the auto of July 8, 1491. She was

put on trial for Judaism in 1489; the evidence against her was by no

means decisive, while the defence discredited the witnesses and proved

by abundant testimony her devotion to the Church, her regular attendance

at mass and confession for more than twenty years, her liberality in the

celebration of masses and her long hours spent in daily prayer. She

could not be tortured in view of her advanced age and severe infirmities

and, on August 9, 1492, the consulta de fe voted unanimously that, as

torture was out of the question, she be sentenced to canonical

purgation, at the judgement of the inquisitors when, if she should purge

herself, she should abjure publicly as vehemently suspect of heresy and

of Judaizing, and should perform penance at the discretion of the

tribunal. The next day the inquisitors pronounced that she was not

convicted but vehemently suspect, wherefore she should purge herself

with twelve conjurators. They were duly selected and a term of three

days was assigned, within which the ceremony should be performed. They

assembled in the Aljafería on August 23d, when the publication of

evidence and the defence were read to them. She was sworn to tell the

truth and was asked whether she had committed these crimes, to which she

replied in the negative and was then removed from the room. The

inquisitors again read the accusatory evidence and the defence, the

compurgators were sworn to tell the truth, and the inquisitors polled

them. The first one, Pedro Monterde, said that he believed Beatriz to

have sworn truly, for he had known her for fifteen years and had always

held her to be a good Christian, the rest unanimously concurred and the

purgation was successful. Then, on September 8th, she appeared in an

auto as a penitent and, on the 17th, she abjured all heresies and

especially those of which she was vehemently suspected, after which the

inquisitors rendered sentence, declaring her to be vehemently suspect of

the crimes which she had abjured and, as these suspicions and crimes

could not be left unpunished, they penanced her with forbidding her to

commit these crimes, with the payment of all costs of her trial, the

taxation of which they reserved to themselves, and with performing such

penance as they might impose on her. The record fails to inform us what

was that penance, but it probably transferred to the tribunal a large

portion of the property that had escaped her husband's

confiscation.[307]

The threat that failure would imply condemnation was by no means an idle

one. About this time, Fray Juan de Madrid was tried before the tribunal

of Toledo; there was much adverse evidence in full detail, and the only

defence lay in disabling the witnesses. This was partially successful,

but enough remained to justify the inquisitors in saying in the sentence

that he could have been condemned on it but that, in benignity and

mercy, he was offered compurgation. He willingly accepted it and named

his compurgators, but half of them refused to sustain his oath of

denial, declaring that through their knowledge of him they held him as

suspect. This was conclusive; he was considered to be convicted of the

charges and the consulta de fe had no hesitation in voting him to

relaxation. In like manner, on February 3, 1503, Jayme Benet was burnt

at Barcelona because he failed in the compurgation enjoined on him.[308]

A change, probably attributable to the growing desire for absolute

secrecy, prescribed by the Instructions of 1500, altered profoundly the

prevailing theory of compurgation, for it prohibited the reading to the

compurgators of the evidence and defence. In their presence the accused

was to deny under oath the charges which were recapitulated by the

inquisitors, and the compurgators were simply to be asked whether they

believed that he swore the truth, and no other questions.[309] There

seems to have been some trouble in abrogating the custom of reading the

evidence, for the prohibition had to be repeated in 1514.[310]

[Sidenote: _COMPURGATION_]

In the project presented to Charles V, in 1520, by the Conversos, with

the object of rendering the inquisitorial process less effective, there

was included a modification of compurgation in such wise as to

facilitate escape.[311] Of course no attention was paid to this, but

that some alteration of the process was required by justice is manifest

from one or two minor reforms soon afterwards. In 1523 it was ordered

that the fiscal should not be present after the compurgators were sworn,

which is suggestive of his influencing them adversely. Still more

essential was a regulation of 1529, forbidding those who had testified

against the accused from serving as his compurgators.[312] Apparently it

was one of the results of suppressing the names of witnesses that the

poor wretch, in his ignorance, would sometimes call upon those to save

him who had been procuring his destruction, and the inquisitors had not

sufficient sense of justice to exclude them, although they had power to

refuse admission to any one supposed to be friendly to him. There was

also a favorable modification of the ancient practice requiring

unanimity on the part of the conjurators, for Simancas tells us that the

inquisitors, when specifying the number to act, could also designate how

many defections would be allowed without prejudicing the result.[313]

Yet by the middle of the century, when Simancas wrote, compurgation was

becoming obsolete. He denounces it as blind, perilous and deceitful, and

says that it especially should not be forced upon those of Jewish or

Moorish descent, for it is equivalent to sending them on the direct road

to the stake, since no one could help thinking ill of them, or at least

doubting their innocence. Besides, nearly all men are now so corrupt,

and Christian charity is so cold, that scarce any one can be found who

will purge another, or who will not have an evil suspicion and interpret

matters for the worst. To defeat the accused it suffices for the

conjurators to say that they do not know, or that they doubt whether he

has told the truth, and who is there who will not feel uncertain when he

knows that no one is exposed to purgation unless he is vehemently

suspected.[314]

This is echoed by the Instructions of 1561, which indicate how

compurgation was passing out of use by the brief allusion vouchsafed to

it. It is to be performed in accordance with the Instructions, with such

number of compurgators as the consulta de fe may prescribe, but

inquisitors must bear in mind that the malice of men at the present time

renders it perilous, that it is not much in use, and that it must be

employed with the utmost caution.[315]

Still, subsequently to this, Pablo García gives full and curious details

as to procedure, which show how it had become hedged around with

limitations that rendered it a desperate expedient for the accused. The

compurgators had to be Old Christians, zealous for the faith, who had

known the accused for a specified number of years, and were not of kin

or well disposed towards him. He was required to name more than the

number designated, so as to allow for those who might have died or be

absent, showing that he had to act in the solitude of the cell where

perhaps he had been confined for years. When the sentence of

compurgation was announced to him, he was given a certain term in which

to make his selection and, if he allowed this to elapse, he was at the

discretion of the tribunal. No communication with the compurgators was

allowed, and when they were assembled each one was separately and

secretly examined to ascertain whether he lacked any of the necessary

qualifications, what were his relations with the accused, whether he

would give anything to secure his discharge, whether any one had spoken

with him and asked him to serve, or whether he had intimated to any of

the kindred that he was willing to act. While thus carefully guarding

against possible friendship, it is significant that there is no

instruction to inquire into possible enmity.

The ceremony was performed with considerable impressiveness. On the

table of the audience-chamber there were placed with much solemnity a

cross, the gospels, and two lighted candles. The prisoner was brought

in, his list of selections was read to him and he was asked if he

recognized them, to which he assented and said that he presented them as

his compurgators. They were then asked if they wished to serve or not;

if they accepted, a solemn oath was taken by the prisoner to tell the

truth and not to conceal it for fear of death or of loss of property or

of honor or for any other reason. The inquisitors then recited the

charges which created vehement suspicion and asked him, under his oath,

whether he was guilty of them and, after he had answered, he was led

back to his cell. Then, if necessary, the nature of compurgation was

explained to the compurgators and they were sworn to answer truly and

not to deny the truth for hate, or love, or fear, or affection, or other

motive. They were kept apart, without communication with each other, and

each was examined separately and in secret whether he understood what

had passed and whether, in accordance with what he knew of the accused,

he believed that he had told the truth, and after replying he was made

to promise secrecy under pain of excommunication. The answers were

carefully taken down and were signed by the compurgators.[316]

[Sidenote: _COMPURGATION_]

Conducted after this fashion it is easy to understand why compurgation

should be characterized as blind and perilous. The accused had to make

his selection blindly, and the qualifications required of conjurators

almost insured their unfavorable opinion, at a time when the operations

of the Inquisition had caused every man to look upon his neighbor with

suspicion, especially when that neighbor was one whom the tribunal

required to undergo compurgation. Yet, although the Inquisition thus

risked little in subjecting doubtful cases to it, there was ample reason

for allowing it to fall into desuetude. Secrecy had become a cardinal

principle in all inquisitorial proceedings and it was violated by

calling in a dozen laymen to see the prisoner, to hear the charges

against him and to participate in the judgement to be passed upon him.

Besides, it was an acknowledgement that there were cases in which the

assumed omniscience and infallibility of the Holy Office were at fault,

and had to be supplemented by the random opinions of a few men selected

by the accused. As practised for centuries in the ecclesiastical courts,

it had been an easy method for the guilty to escape merited

chastisement; as modified by the Inquisition, it became a pitfall for

the innocent; it was wholly at variance with the inquisitorial process

as developed in Spain and, while its place in the canon law prevented

its formal abolition, the tribunals had exclusive discretion as to its

employment, and that discretion was used to render it obsolete. Still,

it maintained its place as a legal form of procedure. Even as late as

1645, among the interrogatories provided for a visitation, the question

was still retained as to whether the forms of the Instructions were

observed in canonical compurgation, although a writer of the same period

tells us that it is not to be employed because, if the accused overcomes

sufficient torture, he is to be discharged.[317]

In the Roman Inquisition we find compurgation ordered as late as 1590,

in the case of a priest of Piacenza, accused of certain heretical

propositions; the compurgators were to be five beneficed priests of good

character and acquainted with the life of the accused. If the purgation

was successful he was to be proclaimed of good repute as to the faith,

and was to perform salutary penance for the imprudence of his

utterances.[318] By the middle of the seventeenth century, however,

Carena tells us that it had been virtually disused by the Congregation,

as most perilous, fallacious and uncertain.[319]

* * * * *

From this brief review of the various characteristics of the sentence,

it will be seen that the Inquisition had at hand formulas adapted to

every possible exigency, in the administration of its extensive and

highly diversified jurisdiction. Until the development of the authority

of the Suprema over the local tribunals, the use made of these formulas

depended on the temperament of the individual inquisitors, shielded as

they were from responsibility by secrecy and by the virtual suppression

of the right of appeal, except in trivial matters. It must be borne in

mind, moreover that, even when their sentences may seem merciful, there

was always behind them the most grievous infliction of an infamy which

affected the honor and the fortunes of a whole lineage.

CHAPTER II.

MINOR PENALTIES

In the preceding chapter the general penal system of the Inquisition has

been considered, but for its proper comprehension a brief exposition of

its several penalties is requisite. In this it is unnecessary to treat

of confiscation and pecuniary penance which have already been discussed

as constituting the financial basis of the existence of the Holy Office.

REPRIMAND.

Of the minor inflictions, the most nearly universal was the reprimand.

It is naturally absent from the severer sentences of reconciliation and

relaxation but, with these exceptions, scarce any defendant escaped it,

no matter how groundless the accusation was proved to be, or how plainly

his innocence was manifested. The freedom with which it was administered

is evidenced in a phrase of frequent occurrence in the reports of the

Toledo tribunal--"as no offence was proved, he was reprimanded and

warned for the future."[320] We have seen that some strict

constructionists held that reprimand was incompatible with suspension,

but that this principle was universally disregarded. The same authority

asserts that no reprimand was to be administered without a formal

sentence, but cases are numerous in which it is expressly recorded that

the party was reprimanded without a sentence, and sometimes this was by

the special command of the Suprema. In the Valladolid tribunal there

were eight such cases in the year 1641.[321] To scold the defendant was

one of the prerogatives of the inquisitor, from the use of which he

rarely abstained, especially as it afforded the opportunity of

expatiating on the benignity which imposed penalties so incommensurate

with the offences.

The severity of the infliction varied with his temper and power of

invective, but constant practice rendered him skilful in detecting the

sensitive places, and in applying the lash where it would be most keenly

felt. There were those among the victims who regarded this as a severer

penalty than a pecuniary penance, and it is not surprising that it

occasionally drew forth remonstrance and retort, which were promptly

suppressed by the infliction of a fine for the expenses of the

tribunal.[322] No record was made of reprimands, beyond the fact of

their utterance, but there is one which chances to have been preserved

as it seems to have been carefully elaborated and reduced to writing. It

was administered by the Licentiate Juan de Mañozca, who had been

President of the Chancellery of Granada, to an unlucky gentleman

prosecuted for having said that belief in matters of faith was good

breeding. He had made the case worse by arguing, in his defence, that he

could conceive of no word more applicable to the matter than _cortesía_,

and that his long residence at the court had familiarized him with all

the niceties of the Castilian tongue. For this, as a proposition

ill-sounding and savoring of heresy, Mañozca belabored him through ten

closely-written pages of savage ridicule. "In the Andalusian tunny

fishery" he said "there may be seen an infinity of tunnies, the smallest

of them as big as you, and yet not one of them will show the least

particle of salt, although they have lived in the midst of salt." So he

went on, quoting the Scriptures, the classic poets and Plato, to prove

that the unfortunate culprit was an ignoramus, closely approaching a

heretic. Such ignorance was likened to the unfruitful ears of corn

which, according to Christ, are only fit to be swept up and burnt, and

the diatribe concluded with the significant warning that it was the

Inquisition which gathered such worthless stocks and delivered them to

the secular arm, that they might pass through temporal to eternal

flame.[323] Doubtless the culprit was a fool, but his folly merited no

such terrific warning.

ABJURATION.

Suspicion of heresy, as we have seen, was, in itself, a crime requiring

punishment. In accusations of formal heresy which failed of proof, there

remained, as a rule, at least suspicion, and there was besides a number

of offences which, though not in themselves heretical, were brought

under the jurisdiction of the Inquisition by a more or less forced

assumption that they inferred suspicion of heresy--that no one who

believed rightly as to sacraments and points of doctrine could be guilty

of them. In the Old Inquisition, this suspicion was classified as light,

vehement or violent and these distinctions were retained in the New.

Violent suspicion, however, may be discarded from consideration here,

for it sufficed for condemnation and, in practice, it admitted of no

disproof or explanation for, although theoretically it might be

explained away, this was but a bare possibility. As Peña says, it

created presumption of law, as when a man remained for a year under

excommunication.[324]

The distinction between light and vehement suspicion was somewhat

nebulous. Like everything else in the vague region of morals, it was

incapable of accurate definition, and each case had to be decided on its

own merits, according to the temper of the judges. Alberghini's

attempted test of infrequent or habitual performance of acts inferring

suspicion fails utterly in practice and moreover leaves unsettled the

more important and common class of cases where testimony was

insufficient for conviction and yet too strong for acquittal.[325]

Moreover, suspicion might be modified by exterior circumstances, as when

Miguel Calvo tells us that, with Moriscos, however slender may be the

suspicion, it must be treated as vehement.[326] It was evidently

impossible to prescribe any absolute rule, and it is to the credit of

the Inquisition that it rarely pronounced suspicion to be vehement,

while light suspicion occurs in almost all sentences short of

reconciliation. Thus, in the Toledo record from 1648 to 1794, there are

three hundred and fourteen abjurations _de levi_ and only fifty-one _de

vehementi_--or about an average of one every three years.[327]

Whatever other punishment might be visited on suspicion, abjuration of

heresy in general, and especially of the heresy suspected, was

indispensable. This could be administered either in the

audience-chamber, or in a public auto de fe, and was an impressive

ceremony. In the face of a cross and with his hand on the gospels, the

culprit swore that he accepted the Catholic faith and detested and

anathematized every species of heresy, and especially that of which he

was suspect. He pledged himself always to keep the faith of the Church

and to be obedient to the pope and the papal decrees. He declared that

all who opposed the Catholic faith were worthy of condemnation,

promising never to join them, but to persecute them and denounce them to

prelates and inquisitors. He swore to receive patiently and humbly all

penance imposed on him, and to fulfil it with all his strength. If the

abjuration was for light suspicion, he consented and desired that, if he

failed in any part of this, he should be held as impenitent and he

submitted himself to the correction and severity of the canons, so that

the penalties prescribed in them should be executed on his person, and

finally he called upon the notary to record it and on all present to

serve as witnesses. If the abjuration was for vehement suspicion, he

consented and desired that, if he failed in his promises, he should be

held and considered as a relapsed and suffer the penalties provided for

relapse. This was the difference between abjuration _de levi_ and

abjuration _de vehementi_, so often alluded to above, and it was of no

small import under the canons. After the former, reincidence in the

offence entailed no special penalty; it was at the discretion of the

tribunal merely to repeat the previous sentence, or to aggravate it, as

the case might appear to deserve. But, after the latter, reincidence was

relapse, for which the canons decreed irrevocable burning, _ipso facto_

and without trial. To impress this on the penitent, his abjuration _de

vehementi_ was written out and he was made to sign it. Then, on the next

day after the auto de fe, he was brought into the audience-chamber, it

was read to him and he was warned to observe its conditions for, if he

should again fall into any heresy whatever, he would be treated as a

relapsed without mercy, and it would be the same if he did not perform

the penance imposed.[328]

[Sidenote: _ABJURATION_]

In spite of these impressive formalities, I think it doubtful whether,

after the first furious rush of persecution was past, the extreme

penalty of relaxation, for reincidence after abjuration _de vehementi_,

was customary. As a rule, in the later periods, inquisitors rather

endeavored to avoid relaxation and, while they were callous, they were

not apt to be unnecessarily cruel. I have not happened to meet with such

a case, while I have found more than one in which the canons were not

observed. In fact, a learned writer of the second half of the

seventeenth century argues elaborately, with the citation of many

authorities, to show that reincidence after abjuration _de vehementi_

does not incur the punishment of relapse, despite the penalties

expressed in the formula, and this would appear to have been tacitly

accepted, for a custom arose of specifying in the sentence whether or

not the abjuration should entail the penalty. Thus, in 1725 at Cuenca,

Doctor Zapata, accused of Judaism, was required to abjure _de vehementi_

with liability to relaxation, while in 1794, at Toledo, Damaso José

López de Cruz, for heretical propositions, was sentenced to similar

abjuration without such liability.[329] There was another distinction

between the two forms of abjuration, for those who abjured _de

vehementi_ were subject to the disgrace of appearing in an auto de fe

and of wearing a sanbenito _de media aspa_--or with one band of color

across it, before and behind.[330]

The Instructions of 1561 state that, when there is semi-proof, or such

indications that the accused cannot be acquitted, there are three

remedies, compurgation, torture or abjuration; but this is scarce

correct, for those who succeeded in compurgation were always, and those

who overcame torture were generally, required to abjure. The

Instructions add that abjuration, whether for light or vehement

suspicion, is rather a measure to inspire fear for the future than a

punishment for the past, and therefore it is usually accompanied with

pecuniary penance.[331] In fact, it was only in trifling cases, or in

suspensions, that abjuration was not associated with much severer

penalties. This was inevitable in the large class of offences which, by

a strained construction, inferred suspicion of heresy. In these, when

guilt was proven, it received its appropriate punishment, perhaps of

scourging or the galleys, and the abjuration was a mere formality to

satisfy the artificial ascription of heretical belief. In cases of

suspicion of real heresy, abjuration, whether _de levi_ or _de

vehementi_, was a necessary adjunct to the punishment. Thus in the

Toledo auto of February 7, 1694, Luis de Vargas, for "suspicions of

Judaism," was sentenced to abjure _de levi_, to pay a fine of two

hundred ducats and to be exiled for six years from various places. So,

in 1715, at Toledo, the Carmelite Fray Francisco Martínez de Salazar,

"for crimes vehemently suspect of heresy," appeared in the

audience-chamber with a sanbenito _de media aspa_, in the presence of

twelve priests; he abjured _de vehementi_, was sternly reprimanded and

threatened, and sentenced to a long list of penalties, including

deprivation of functions, reclusion for six years in a convent and a

circular discipline in the Carmelite house of Toledo.[332] On this

composite sentence the consulta de fe had evidently exhausted its

ingenuity, and the abjuration was merely a formal necessity to justify

the rest. Yet, while abjuration in itself can scarce be termed a

punishment it was, even when only _de levi_, an infliction of no little

severity, in consequence of the infamy which it entailed, as we have

seen in the Villanueva case, where the victim and his kindred struggled

for so many years in Rome to have it removed.

EXILE.

[Sidenote: _EXILE_]

Frequent allusions above to exile as occurring in sentences indicate how

customary a feature it was in the penal system of the Inquisition. By

itself, or in combination with other penalties, it was an unfailing

resort in offences that did not incur the graver punishment of

imprisonment. It could be varied indefinitely, to suit the peculiarities

of each case, and the tribunals exercised the widest discretion in its

employment. In its usual form it designated certain places and a fixed

number of leagues around them, which the penitent was forbidden to

enter. The list of proscribed localities as a rule included Madrid, or

rather the royal residences, the seat of the tribunal, the

dwelling-place of the culprit, if this was not comprised in the others,

and any other towns, sometimes amounting to four or five, where he had

been known in his guilty career. Although this was a convenient

resource to the tribunal, it was a somewhat irrational penalty, the

severity of which could hardly be guessed at, for while it might be

scarce more than an inconvenience to one offender, it might be the

destruction of a career to a merchant established in business, or to a

professional man with an assured _clientèle_. Considerations of this

kind, however, rarely influenced the tribunals and, in the Toledan

record of 1575-1610 we find exile included in a hundred and sixty-seven

sentences.

The length of exile was always specified, and varied from some months to

a life-time, but it usually was a term of a few years. Sometimes it was

divided into two portions, the first _preciso_ or absolute, the second

_voluntario_ or dependent upon the will of the tribunal--apparently as

an incentive to amendment. A variant of this occurs in the case of Diego

de Toro, sentenced for bigamy at Toledo in 1652, to four years of exile

absolutely and four years more which he was to fulfil whenever the

tribunal should see fit to order it, thus holding it over him

indefinitely.[333]

It was not often that the Inquisition exercised the power of banishment

from Spain, but it did not hesitate to assume such authority when it saw

fit, and a converse to this was the occasional prohibition to leave

Spain, of which an instance is cited above (p. 102). Another form, in

which the wide discretion of the tribunals was exhibited, was forbidding

the penitent to approach within a specified distance of the sea-coast.

This was not infrequent in sentences on Moriscos, whose relations with

Barbary always excited apprehension, but it is not apparent why the

Valladolid tribunal, in 1659, when sentencing Diego de la Peña for

Jewish tendencies, should have included an inhibition to approach within

eight leagues of any sea-port without a special licence.[334]

Again, we sometimes find a penitent exiled to some particular place for

a term of years, and this is frequently combined with provisions for

keeping him under surveillance. Thus the Valladolid tribunal, in 1659,

sentenced Isabel Rubía and María Martin, for sorcery, to reside for four

years in a place to be designated, where there was an official to whom

they must present themselves monthly and who would report as to their

amendment.[335] This was sometimes a form of commutation for

imprisonment, as in the case of Isabel Núñez, sentenced at Cuenca to

prison and Sanbenito, which was modified to four years' exile at San

Clemente. December 24, 1657, she presented a notarial certificate of her

being there and begged that, as she was 74 years old and very poor and

miserable, she might be released, in honor of the birth of the prince

(Felipe-Prosper) or at least have the place changed to Alcalá,

Guadalajara or Pastrana, where there were people who would help her.

This pitiful petition was simply endorsed to be filed with the papers of

the case, which indicates that it was refused.[336] A more rigorous

example of this, which shows that no limit was placed on the discretion

of the Inquisition, was the banishment for life to the Philippines, in

1802, of two frailes concerned in the imposture of Isabel María Herraiz,

known as the Beata of Cuenca.[337] Conversely, a penitent might be

prohibited to leave a designated place, as when, in 1599, Rodrigo

Ramírez, a Morisco of Yepes, was forbidden for three years to leave

Yepes without licence.[338]

As the ordinary form of exile was easily violated, the sentence, as we

have seen above, was frequently accompanied with a threat of increased

penalties for non-fulfilment. In Toledo this seems ordinarily to be a

doubling of the original term, but frequently it was more severe as, in

1604, at Valencia, the sentence of Bartolomé Posca added to this a

hundred lashes and, in 1607, Francisco Xiner, condemned to five years'

exile, was threatened with three years of galleys.[339] It was probably

to check, in some degree, the facility for evasion that the Suprema, in

1665, required the tribunals to furnish it with a description of the

culprit whenever they pronounced a sentence of exile. As this always

comprised Madrid and, as the capital was likely to attract the homeless

waifs, details which might assist in their identification were

useful.[340]

RAZING HOUSES.

[Sidenote: _RAZING HOUSES_]

In the imperial jurisprudence, houses in which heretics held their

conventicles were forfeited to the Church and this provision was

adopted in the legislation of Alfonso X.[341] When prosecution was

systematized in the thirteenth century, this was modified to tearing

down all houses in which heretics were found, the site remaining forever

accursed and unfit for human habitation. This was accepted by the Church

and found its way into all the lands that admitted the Inquisition.[342]

Aragon adopted it and when, about 1340, the Spiritual Franciscan Fray

Bonanato was burnt, and his disciples were scattered, the building which

they had occupied at Villafranca del Panadés, near Barcelona, was

levelled to the ground.[343]

In the early days of the Spanish Inquisition, the strict enforcement of

the rule would have led to great destruction and serious impairment of

the value of confiscations. It seems therefore to have been reserved for

buildings in which the heretics or apostates had been accustomed to

assemble, and then the king, as the recipient of confiscations, decided

the matter. A letter of Ferdinand, May 23, 1501, to Aliaga his receiver

at Valencia, states that the inquisitors have asked him to decree the

destruction of a house in which a synagogue had been found, to which he

assents with the suggestive addition that the civic authorities must be

ordered to offer no opposition. It turned out that Ferdinand had already

given the house to Juan Pérez, the scrivener of sequestrations,

whereupon he ordered Aliaga to have it appraised and to pay the value to

Pérez.[344] He seems to have offered no opposition to Lucero's

operations in Córdova, where a number of houses were torn down as having

served as synagogues, and he ordered them rebuilt when the Congregacion

Católica assembled at Valladolid, in 1509, pronounced the prosecutions

fictitious.[345]

When the confiscations passed to the Inquisition, financial

considerations apparently got the better of zeal, for when, in 1539, at

Valencia, trials of a number of Judaizers revealed that a crucifix had

been maltreated in a house used for their assemblies, and the tribunal

desired authority for its destruction and the erection of a memorial

chapel, the Suprema replied cautiously with a number of questions as to

value, location and expense, as there were no funds for the purpose,

and it ordered the auto de fe to be held, reserving decision as to the

house.[346] The subsequent proceedings against the convicts, who revoked

their confessions, show that the house was still standing four or five

years later.

There was no such hesitation in the stimulated excitement following the

discovery of Protestantism in high places in 1559. When, in the

Valladolid auto de fe of May 21, the Cazalla family were nearly

exterminated, the house of the mother, Leonor de Vibero, where the

little group used to assemble, was razed, and a pillar was erected on

the spot, with an inscription that can still be read--"During the

pontificate of Paul IV and the reign of Philip II, the Holy Office of

the Inquisition condemned this building of Pedro de Cazalla and Leonor

de Vibero his wife to be torn down and levelled with the ground, since

here the Lutherans assembled to hold meetings against our holy Catholic

faith and the Church of Rome, May 21, 1559." Similarly in the great auto

of Seville, September 24, 1559, the houses of Luis de Alerego and Isabel

de Baena, which had served as Protestant conventicles, were

destroyed.[347]

[Sidenote: _SPIRITUAL PENANCES_]

A thrifty disposition to restrain inconsiderate zeal for obliterating

the receptacles of heresy was manifested by the Suprema, in 1565, when

it forbade the razing of a house unless it belonged to the delinquents

and thus would not have to be paid for.[348] This restriction, however,

was not observed on an occasion which was perhaps the latest as well as

the most conspicuous example of the practice. In the great Madrid auto

of July 4, 1632, which was honored by the presence of Philip IV, among

those who were burnt were Miguel Rodríguez and his wife Isabel Núñez

Alvárez, in whose house not only were held Jewish meetings, but an image

of Christ had been scourged and when it shed blood and thrice spoke to

them they consumed it with fire. Of course it was doomed and on the day

after the execution the Inquisition ordered it to be appraised in order

that the owner might be compensated. He was the Licentiate Barquero, a

highly respected jurist, who protested against its destruction until he

received good security for its value. No time was lost. On the 6th the

Inquisitor Cristóval de Ibarra, accompanied by the Admiral of Castile,

the Duke of Medina de la Torres and other gentlemen, many familiars and

a crowd of workmen, and preceded by a guard of halberdiers with banner

and drums, marched to the spot, where a secretary read a proclamation of

the Toledo tribunal to the effect that it ordered the demolition of the

house where a holy Christ had been scourged and maltreated. Then the

drums beat and the workmen assailed the structure so zealously that by

nine o'clock that night there was not a vestige of it left, the populace

eagerly aiding them in tearing the stones from the walls and carrying

off the timbers. The site was not left, as the canons direct, to be a

receptacle of filth. Money was raised and a Capuchin convent was

erected, known as La Paciencia, in remembrance of the patience with

which Christ had borne the indignities heaped upon him.[349]

SPIRITUAL PENANCES.

It might be presupposed that, in dealing with spiritual offences, and

professing that its main object was the salvation of souls, the

Inquisition would incline rather to spiritual exercises than to

pecuniary and corporal punishments--that it would seek to instruct and

elevate the spirit rather than to afflict the body. Religious

persecution, however, has always preferred the harshness of coercion,

and has held that the surest way to bring conviction to the soul was to

torment the flesh. We need therefore not be surprised to see how

insignificant a place spiritual penances held in the sentences of the

Holy Office, and it would scarce be worth while to consider them except

to note how little was the importance attributed to them by the

tribunals.

Except in trifling cases, which merited no real punishment, such

spiritual penances as we occasionally meet with are conjoined with

material penalties. A man sentenced to imprisonment may perhaps be

required to fast on Fridays for six months or a year, and to recite on

those days a prescribed number of Ave Marias and Paternosters or other

prayers. Pilgrimages to shrines as distant as St. Thomas of Canterbury

or St. James of Compostela, so frequently prescribed in the medieval

Inquisition, were unknown. It is true that the formula of sentence on

the reconciled, condemning them to prison, requires them on Saturdays

to make a pilgrimage to some designated shrine in the vicinity, where on

their knees they must repeat with devotion five Paters, Ave Marias,

Credos and Salve Reginas, but this was not often used in practice.[350]

Clerical offenders, sentenced to reclusion in convents, frequently had

spiritual exercises included among numerous other inflictions. While

this moderation was the rule, occasionally of course the unlimited

discretion of the tribunals made exceptions, as in a singularly

ill-judged penance imposed at Toledo, in 1653, on Gerónima Mendes, a

child ten years of age, convicted of Judaism, who was sentenced to a

month's instruction in the faith and the daily recitation of the rosary

for a year. Seeing that the rosary consists of seventeen Paternosters,

sixteen Gloria Patris, a hundred and fifty-three Ave Marias and the

Apostles' Creed, one can estimate the burden imposed on a child of such

tender years and how little it would conduce to training the youthful

penitent in a love for the faith.[351] Such an infliction however was

exceptional, and it frequently happens, in the reports of the tribunals,

after detailing the material portions of a sentence, that there is a

mere general allusion to "some spiritual penances," which suggests how

slender was the consideration bestowed on them. There is one type of

better promise, not infrequent in the later period, such as a sentence

pronounced at Toledo, in 1777, on Antonio Rubio and Diego González,

condemned for heretical acts and blasphemy, the former to five years'

labor in the arsenal of Cartagena and the latter to three years in the

presidio of Ceuta, both of whom were required, before leaving prison, to

perform fifteen days of spiritual exercises under a director who would

instruct them.[352]

The hearing of mass as a penitent, which was a very frequent infliction,

cannot be classed as a spiritual penance--it was a simple humiliation

and was so intended, especially when performed publicly in church.

UNUSUAL PENALTIES.

[Sidenote: _UNUSUAL PENALTIES_]

A few instances will indicate how the tribunals sometimes used their

wide discretion in adapting to any given case what was deemed an

appropriate penalty. It is true that when Valencia, in 1539, made Fray

Torres, a priest, appear in a public auto de fe, with a bridle in his

mouth and a pannier of straw on his back, the Suprema rebuked it and

forbade such eccentricities for the future.[353] So when, in 1568,

Inquisitor Morales reported that, during his visit to San Sebastian, he

had condemned certain offenders to have sermons preached at their

expense, the Suprema mildly remarked that this was a novelty.[354] In an

auto de fe at Llerena, in 1579, there was a negress named Catalina, the

slave of a man of Zafra. It was doubtless through consideration of his

interests that she was spared the corporal chastisement visited on her

accomplices, but there was a distinct invasion of his rights in a

prohibition to him to sell her without licence from the

inquisitors.[355] In 1607, at Valencia, a single witness accused María

Tubarri, a Morisca midwife, of using Moorish ceremonies in baptising

infants, and of circumcising the males; the proof, against her denial,

was not thought sufficient to justify torture and she was required only

to abjure _de levi_, but she was deprived for life of practising her

profession.[356] There was wisdom, if a trifle arbitrary, in a sentence

at Toledo, in 1685, on Lucas Morales for blasphemy, for it included,

among other penalties, a prohibition to gamble--a sensible provision

against relapse, for gaming was recognized as the most prolific source

of blasphemy.[357]

There was the same latitude in vindictive as in deterrent punishments.

At Valladolid, from 1635 to 1637, there were several Judaizers convicted

of maltreating an image of Christ. The consultors voted for relaxation,

but the Suprema approved the decision of the inquisitors that they

should have the right arm nailed to a stake in the form of a cross,

while their sentences were being read in an auto de fe.[358] Less

symbolical and still more original was a spectacle devised for the

Mexican auto of December 7, 1664, where one of the penitents was

stripped to the waist, while two Indians smeared him with honey and

covered him with feathers, in which guise he was made to stand in the

sun for four hours on the staging.[359] Even recruiting for the army was

not beneath the dignity of the tribunal as when, in 1650, Toledo

condemned Andrés de Herrera Calderon, for blasphemy, to serve for four

years in the campaigns against Portugal and Catalonia, where doubtless

he enriched his vocabulary of expletives.[360]

There evidently was no defined limit to the power of suiting the penalty

to the inquisitorial conception of the offence, and the tribunals made

ample use of their prerogative.

CHAPTER III.

HARSHER PENALTIES.

THE SCOURGE.

Although at first sight the use of the lash, as a persuasive to correct

religious belief, may appear somewhat incongruous, it must be borne in

mind that, under the euphemy of the discipline, it has always formed a

prominent feature of penance, especially among the monastic orders

where, in the daily or weekly chapters, it was liberally administered

for all infractions of the Rule or other sins, as a preliminary to

absolution. In fact, the touching of the penitent's shoulder with a wand

by the priest in absolution from excommunication, is a symbol of the

discipline which was anciently indispensable. In the Old Inquisition it

was in frequent use, although there it was rendered a matter of

edification, through its infliction by priests during divine service or

in religious processions. That it should form part of the penal

resources of the Spanish Holy Office was therefore natural, although it

lost its penitential aspect and became purely punitive and vindictive.

It was no longer the priest who wielded the discipline with an

indeterminate number of strokes during an indeterminate series of

feast-days. The tribunal prescribed the number of lashes and they were

laid on by the vigorous arm of the public executioner. The penitents who

had to suffer appeared in the auto de fe with halters around their

necks; if there was one knot in the halter, it signified a hundred

lashes, if two, two hundred and so on, one hundred being the unit and

the minimum number. The next day the populace was treated to the

spectacle. Mounted astride of asses, bared to the waist, with halter and

mitre bearing inscription of their offences and a _pié de amigo_ holding

the head erect, they were paraded through the accustomed streets, with a

guard of mounted familiars and a notary or secretary to make record,

while the executioner plied the _penca_, or leather strap, on the naked

flesh, until the tale was complete, and the town-crier proclaimed that

it was by order of the Inquisition for the crimes specified. A clause

in the proclamation, after the great Madrid auto of 1680, forbidding,

under pain of excommunication, any one to throw stones at the penitents,

indicates that the populace had a playful habit of thus manifesting its

detestation of heresy.[361]

In 1568 the Suprema rebuked the Barcelona tribunal for condemning to

public scourging penitents reconciled for heresy. This, it said, was

contrary to the _estilo_ of the Inquisition, and in future the lash was

not to be used unless there was some other crime than heresy.[362] This

indicates how completely the scourge had become punitive and how it was

dissociated from the ancient discipline, but if such regulation existed

it met with scant recognition. All the offences subjected to the

Inquisition were constructively heretical, and there never seems to have

been any discrimination exercised between them. Indeed, we have seen

that the lash was especially indicated for heretics who were tardy or

variable in their confessions, and Judaizers are constantly seen to be

subjected to it.

[Sidenote: _SCOURGING_]

Scourging was a favorite penalty which was lavishly and often

mercilessly employed. In the Saragossa auto of June 6, 1585, out of a

total of seventy-nine penitents, twenty-two were scourged; in that of

Valencia, in 1607, of forty-seven penitents, twenty-four received the

lash.[363] This, however, exceeds the average. The Toledo reports, from

1575 to 1610, present a hundred and thirty-three cases of scourging

which, allowing for a break in the record, give about four per

annum.[364] On the other hand, a collection of autos de fe celebrated

between 1721 and 1727, embracing in all nine hundred and sixty-two

cases, affords two hundred and ninety-seven sentences of scourging, or

about thirty per cent.[365] When we recall that, in the list of

officials reported by Murcia, in 1746, there figures Joseph García

Bentura as _notario de açotaciones_--a notary of scourgings--to keep

record of the stripes, with a salary of about 2500 reales, we realize

how prominent a feature it was in inquisitorial penology.[366] The

brutalizing effect on the populace of these wholesale exhibitions of

flogging, especially of women, can readily be estimated.

The usual number of lashes prescribed was two hundred, though in

occasional cases a hundred sufficed. In the two hundred and ninety-seven

just alluded to, two hundred and ninety were of two hundred lashes and

only seven of one hundred. It was rare that two hundred were exceeded in

any one infliction, though sometimes it was mercilessly duplicated, as

in the Seville auto of September 24, 1559, Martin Fernando Saldrian, a

shepherd, for blasphemy was scourged in Seville and again in his native

town; Alonso Martin of Carmona, for Lutheranism, was scourged in both

Seville and Carmona and Juan de Aragon of Málaga, who had pretended to

be a familiar, was scourged in Málaga and again in the scene of his

offence.[367]

Probably two hundred lashes were about the limit of safety, especially

with those enfeebled by prolonged incarceration, for the infliction was

excessively severe. We hear of Margarita Altamira reduced to such

extremity after a scourging that the viaticum was administered to

her.[368] There was no mercy for age or sex. In the Valencia auto of

January 7, 1607, Isabel Madalina Conteri, a Morisca girl of 13, after

overcoming torture, had a hundred lashes, Jayme Chulayla, a Morisco of

76, who had been tortured, had a hundred and the same was administered

to Francisco Marquino, aged 86 for sorcery in treasure-seeking, while

Magdalena Cahet, aged 60, who had escaped torture on account of

heart-disease, was not spared a hundred.[369]

As the eighteenth century advanced there appears to be more readiness to

remit the execution of sentences of scourging on account of age and

infirmities and of "accidentes," which probably mean crippling by

torture. Then there developes a tendency to spare women and finally men;

the sentences continue to be pronounced, but they are remitted by the

inquisitor-general. In 1769, at Toledo, Gerónimo Clos, for bigamy, was

pardoned the two hundred lashes of his sentence, which could not have

been for infirmity, as he was not released from hard labor for five

years in the royal works at Cartagena.[370] From this time scourging may

be regarded as obsolescent and soon to become obsolete. Under the

Restoration, from 1814 to 1820, in the _votos secretos_, there is not a

case in which the lash was inflicted, for when included in the

sentences, it was always remitted by the Suprema.[371]

The clergy, of course, were not subjected to the disgrace of public

scourging. In their cases it took the form known as a circular

discipline, administered in a convent by all the inmates in turn.

VERGÜENZA.

Vergüenza, or shame, was the same as scourging, with the lashes omitted.

The culprit, stripped to the waist and with the _pié de amigo_, was

paraded through the streets, with the insignia of his offence, while the

town-crier proclaimed his sentence. It was naturally regarded as less

severe than scourging and was sometimes substituted for the latter, when

the penitent was too aged or feeble to endure the lash. For the beldams

and ruffians who were often its subjects it could have had but few

terrors, but it was greatly dreaded by those of sensitive nature. The

inquisitors took little count of this, when dealing with Judaizers and

Moriscos, who had a keen sense of personal dignity, and Pedraza informs

us that those exposed to it regarded death as a mercy, preferring to die

rather than to endure a life of infamy.[372] To young women the exposure

was especially humiliating, yet, on the whole, it may be regarded as

more humane than the pillory of our forefathers, for the penitent was

not exposed to the missiles of a brutal populace.

Vergüenza was a comparatively infrequent punishment. In the Toledo

reports of 1575-1610 it occurs in but twenty-six sentences, which may be

compared with the hundred and thirty-three scourgings, and the records

of the same tribunal from 1648 to 1794 present but ten vergüenzas to

ninety-two scourgings. In the very severe series of autos de fe between

1721 and 1727, the comparison is thirteen to two hundred and

ninety-seven.

[Sidenote: _THE GAG--THE GALLEYS_]

MORDAZA.

The _mordaza_ or gag, as we have seen, was regarded as increasing

greatly the severity of the infliction of which it formed part. It was

sometimes used in scourging and vergüenza, when the so-called penitent

was a hardened blasphemer or likely in some way to create scandal. It

was likewise employed in the autos de fe, on pertinacious and impenitent

heretics of whom it was feared that they might on their way to the stake

produce an impression on those not firm in the faith.[373] Its use was

not frequent, although, in the dread inspired by Protestantism, in 1559,

at the great Seville auto of September 24th, twelve of the victims wore

the mordaza. There were also twelve thus gagged in the Madrid auto of

1680, but these numbers were exceptional.[374]

THE GALLEYS.

Enslavement in the galleys, to labor at the oar, would appear to be even

more incongruous than scourging as penance for spiritual offences. It

was a Spanish device, unknown to the elder Inquisition, and had its

origin in the thrifty mind of Ferdinand. We shall presently see how

exercised were the monarch and the Holy Office over the problem

presented by the maintenance of those condemned to the canonical penalty

of perpetual prison, and Ferdinand, whose Sicilian possessions required

a powerful navy, bethought him of the expedient of utilizing his

able-bodied prisoners to man his galleys--the galley propelled by oars

being as yet the equivalent of the modern battle-ship. Galley-service

was recognized as so severe that the old fueros of Aragon forbade it

under heavy penalties, except with the free assent of the individual,

and it was not until the curtailment of ancient privileges, in the

Córtes of Tarazona in 1592, that judges were permitted to use it as a

punishment for robbers.[375] In Castile, the pressure for slaves to man

the galleys is indicated by a royal cédula of November 14, 1502,

commuting the death-sentence of criminals in the secular courts, and

ordering them to be sent to the galleys.[376] It was probably about this

time that Ferdinand turned to the Inquisition, which was bound by no

laws, for relief from overcrowded prisons and undermanned galleys. Even

the callous morality of the age seems to have been shocked at this and,

as usual, the sanction of the Holy See was sought for the iniquity. It

was of course granted, and Alexander VI, in a brief addressed to the

inquisitors, May 26, 1503, recited that Ferdinand and Isabella had

represented to him that those condemned to perpetual prison relapsed

into heresy; that there was a lack of prisons in which they could be

confined without perverting others, and that multiplication of prisons

would lead to dissemination of heresy; that their power to commute

imprisonment into other perpetual punishment had been called into

question, and that they had asked him to provide a remedy. As the chief

solicitude of the inquisitors should be the prevention of relapse, he

therefore empowered them to change the perpetual prison of penitents

into other penalties--deportation to the colonies, or imprisonment in

the royal galleys, where, in perpetual confinement, they might render

enforced service, or to any other perpetual punishment, according to

their quality and offences.[377]

[Sidenote: _THE GALLEYS_]

That full advantage was taken of this there can be no doubt, to the

relief of the prison funds and the facilitation of the conquest of

Naples. We chance to hear of the transfer at Barcelona, January 24,

1505, of nineteen prisoners from the gaol of the Inquisition to the

galleys of Ramon de Cardona, which we may fairly accept as an example of

what was on foot everywhere.[378] In fact, the eagerness of the

tribunals to disembarrass themselves of their prisoners seems to have

led to their discharging on the galleys those in every way unfit for the

service, for the Suprema was obliged, in 1506, to declare that men over

60, clerics and women were exempt from the punishment of the

galleys.[379] Even Ferdinand himself, towards the close of his career,

seems to have shrunk from the responsibility of openly authorizing an

extension of this heartless business for when, in 1513, the Inquisitor

of Sicily asked permission to send to the galleys those condemned to

perpetual prison, Ferdinand threw the decision back on him; to build

prisons will cost much money, he said, but the galleys may deter men

from confessing their heresy; the inquisitor is therefore to think the

matter over and do what he deems best.[380] The conclusion reached is

unknown, but we may reasonably surmise that the Palermo tribunal did not

waste its funds in constructing prisons.

Ferdinand's hesitation seems to have been shared by Charles V for, in

1527, the Suprema ordered that penitents should not be sent to the

galleys but should have other penances.[381] The motive for this humane

provision, however, did not long withstand the more pressing economical

considerations. In 1529, Rodrigo Portuondo, captain-general of the

galleys, was instructed that no one sent to them by the Inquisition

should hold any office or administration, or have charge of the rations,

showing that the prohibition had been rescinded.[382] Apparently the

superior intelligence of the penitents had rendered them more useful as

petty officers and accountants than as slaves of the oar, but this

alleviation of their misery did not satisfy the spirit of persecution

and it was probably to prevent it that the formula of the sentence was

service at the oar without pay--unless, indeed, the penitent was of

gentle blood, in which case he could be sent to serve as a gentleman or

as a soldier.[383]

We have already seen to what profitable account the Inquisition turned

the power which it had assumed to grant dispensations from this

abhorrent servitude, and a case in 1558 indicates how it guarded against

any invasion of its prerogative. Philip II was led to interest himself

in the case of Andrés de Frias, condemned to the galleys, and asked to

have him dispensed from the remainder of his term. To this the Suprema

demurred, saying that the statement of Frias was untrue, for in Rome he

had treacherously stabbed to death the procurator of the Inquisition,

Doctor Puente, after dining with him and promising to sup with him;

moreover the seventeen months which he claimed to have served had not

been as a galley-slave, as required by his sentence. Still, if he would

present himself and manifest repentance there might be opportunity for

the king to show him mercy, but otherwise it would greatly impair the

authority of the Inquisition.[384]

Philip was not given to interceding for those sent to his galleys, for

galley-slaves continued to be in great demand. In 1567 the Venitian

envoy, Antonio Tiepolo, explains the weakness of the Spanish navy by the

fact that its galleys were manned with slaves and _forçats_, who were

not numerous enough to keep many galleys at sea. It would be, he says,

impossible to man them with free-men, as in Venice, for no one would

serve voluntarily, as the ill-treatment of the crews is notorious and

their dying for lack of the necessaries of life.[385] It is true that

there was a curious source of supply, besides the ordinary criminals and

heretics, for the prelates of the religious Orders were accustomed to

condemn their peccant brethren to the galleys, from the same economical

motive that had actuated Ferdinand--to save the expense of maintaining

them in prison.[386] Still, the needs of the armadas were pressing;

Philip turned to the Inquisition for aid, and, in 1567, the Suprema

issued two decrees intended to assist in manning the royal galleys. One

bore that sentences must not be for less than three or four years, for

otherwise the penitents cost the king more than the service he got from

them, and this was enforced by a royal cédula of 1584.[387] The other

suggested--suggestion being equivalent to an order--that sentences to

the galleys could be substituted for those to prison and sanbenito. The

practical deduction drawn from this is expressed by a writer of the

period, who says that, if the accused confesses but does not satisfy the

evidence, he is to be tortured and, if he still fails to satisfy the

evidence, it is customary to send him to the galleys, but this must be

for not less than three years.[388] To appreciate fully this atrocity,

it must be borne in mind that torture could only be used in cases of

doubt where the evidence was defective, so that, besides the torture the

victim was sent to the galleys for suspicion of heresy.

[Sidenote: _THE GALLEYS_]

Even this did not satisfy the royal exigency and a further inexcusable

step was taken. We have seen that tardy and imperfect confessions were

visited with scourging and sometimes with the galleys, while the _buen

confitente_, who confessed promptly and freely, was allured with

promises of special consideration and mercy. Yet, in 1573, the Suprema

issued a carta acordada ordering that Conversos, even when _buen

confitentes_, should be sent to the galleys, and this it repeated in

1591, with injunctions for its enforcement.[389] The name of religion

has not often been more brutally prostituted than in these provisions,

and their success may be measured by a report of the inquisitors of

Saragossa to Philip, of an auto celebrated June 6, 1585, in which they

call his special attention to their zeal in furnishing him with

twenty-nine galley-slaves for six years, besides three left over from a

previous auto--and this in Aragon, which forbade galley-service as a

punishment for the most heinous crimes.[390]

The galley-captains naturally were not punctilious in discharging the

men when their terms had expired, giving rise to perpetual friction. The

sentence ordinarily was to a term of prison or exile, of which the first

three years or more were to be passed at the oar, and this was set forth

in the certificates given to the penitents. The tribunals kept watch

over them, and demanded their return to serve out the rest of their

sentences, but this was not an easy task. The vigilance exercised is

illustrated by a royal cedula addressed to the captain of a galley,

ordering him to release two men whose terms had expired, and warning him

that in future all such persons were to be returned to the tribunal that

had sentenced them.[391] This was followed, in 1568, by general

instructions to Don John of Austria, as Captain-general of the Sea, and

to all captains of galleys, reciting the complaints of the Sicilian

tribunal that its reclamations of its penitents were not complied with,

and ordering their restoration to their tribunals without waiting for

demands.[392] This was ineffectual and, in 1575, we find the Barcelona

tribunal instructed to prosecute the captains who impede the discharge

of those who had served out inquisitorial sentences.[393] The trouble

was perennial and, in 1645, we have a formula of requisition for the

return of the party specified, under pain of excommunication and of five

hundred ducats, and the tribunal of the port where the galleys lie is

requested to see to its execution. A significant note however adds that

this is scantly courteous to such great men as the generals of the

galleys, and that it is better to ask the tribunal of the port to

procure the release by friendly negotiation.[394]

The cases could not have been infrequent in which men, utterly unfit for

the privations and ill-usage of the galley-slave, were condemned to this

hard service, and no doubt many perished in consequence. Yet exemptions

on this ground were reluctantly admitted, if we may judge from a rebuke

administered, in 1665, by the Suprema to the Barcelona tribunal, in a

case where this was asked; the opinions of the physician and surgeon

were insufficient; other professionals must be called in and examination

be made as to the penitent's condition when, if it appears that he is

unfit for the service, the sentence can be commuted to eight years of

exile as proposed.[395] It is a marked expression of the humanitarian

development of the eighteenth century that, even in the fierce

persecution of its first quarter, in 1721 it was ordered that, before

imposing a sentence to the galleys, the delinquent should be examined by

the physician and surgeon and, if incapacitating weakness appeared, it

should be mentioned in the vote of the consulta de fe that, in

consequence of it, the sentence was commuted to irremissible

imprisonment.[396] The succeeding autos show that this bore fruit in

sundry commutations, although the alternative of irremissible prison was

not observed, and less severe penalties were sometimes substituted.[397]

[Sidenote: _THE GALLEYS_]

In the sixty-four autos de fe between 1721 and 1727, of which we possess

details, there were ninety-two sentences to the galleys and seven to

service in the presidios. There was a certain relation between the two.

In the seventeenth century legislation on offences connected with the

coinage, the galleys were provided for commoners and presidio service

for gentlemen and, as the century drew to a close, we find the

Inquisition no longer sending gentlemen to serve as soldiers on the

galleys but to Oran, Ceuta, Gibraltar, Badajoz, Peñon and other royal

works and garrisons.[398] In the eighteenth century Inquisition, the

galleys for all classes were gradually supplanted by the presidio, if we

include in the term enforced labor in the royal dock-yards and arsenals

as well as in the African garrisons. Galleys were disappearing from the

sea and, in the Inquisition, they were superseded by the _bagne_, in its

various forms of hard work. In 1742, the Toledo tribunal condemned

Rafael Nuñez Hernández, for certain errors, to eight years of exile of

which the first five were to be passed serving the king in the

unwholesome quicksilver mines of Almaden, and the last sentences to the

galleys that I have met occur in 1745, when Nicholas Serrano was

condemned at Toledo for bigamy to eight years of service in them, and

Miguel Gutiérrez and Francisco García, at Valladolid, for relapse into

Judaism, to ten years. After this the galleys may be said to be

obsolete, even for bigamy, as is seen in a sentence of the Valencia

tribunal in 1781.[399]

The presidio continued as a punishment under the Restoration, but cases

were so rare that there was question as to the reception of the convicts

in their places of destination. In 1818, the Seville tribunal sentenced

three persons--two for propositions and one for bigamy--to two years'

service in Ceuta or Melilla, and it asked the Suprema to get the

minister of war to issue orders to the governors to receive them. The

Suprema replied that this was the business of the tribunal; it must do

as on former occasions, and if necessary could write to the governors.

The _forçats_ were duly received and, it is pleasant to add that, in six

months, the Suprema humanely remitted the punishment in order that they

might return and support their families. For this an order from the

secretary of the Council of War was required and procured.[400]

For women, the equivalent of the galleys was service without pay in

hospitals, houses of correction and similar institutions. Apparently

these female convicts were not always regarded as desirable inmates and

though, in the pre-revolutionary times, no opposition was ventured,

under the Restoration there was sometimes difficulty in securing their

admission. In 1819 the Seville tribunal appealed to the Suprema,

representing that it had been unable thus to dispose of Juana de Luna,

for the same reasons which it had experienced in the cases of Ana

Barbero and Leonor Macias. The Inquisition inspired no such terror as of

old, for the Suprema could suggest no means of overcoming the

difficulty, and could only instruct the tribunal to devise some method

of executing its sentences.[401]

* * * * *

It is not to the credit of the Roman Inquisition that it followed the

example of the Spanish and included the galleys in its list of

punishments. Carena, indeed, tells us that it was the most usual of all

and was the customary penalty in a wide variety of offences.[402]

RECONCILIATION.

That reconciliation to the Church, which was represented as a loving

mother, eager to welcome back to her bosom her erring children, should

be regarded as a punishment, seems a contradiction in terms, yet so it

was, and the Suprema did not hesitate to speak of those "who had been

condemned to reconciliation."[403] It would not be easy to invent a more

emphatic illustration of the perversion of the spirit of religion by

persecuting fanaticism.

The apostate or the heretic, who had abandoned the Church after

admission through the waters of baptism, could only be reincorporated by

abjuring his errors and applying for reconciliation. In the case of

Conversos, who secretly adhered to the Mosaic or Mahometan law, there

could be no question as to this, nor was there with such heretics as

Protestants. To what extent other errors might constitute formal heresy

requiring reconciliation, or might infer suspicion of heresy, light or

vehement, was a problem for the calificadores, and sometimes was an

intricate one, for the gradations of theological error are infinite and

subtile.

[Sidenote: _RECONCILIATION_]

In the tumultuous proceedings of the early period when, under Edicts of

Grace, penitents came forward by the thousand, confessing their errors

and begging for reconciliation, the ceremony was naturally simple. Under

the Instructions of 1484, the form described by Joan Andrea was to be

used: the inquisitors declared that the penitent had been an apostate

heretic, who had followed the rites and ceremonies of the Jews and had

incurred the penalties of the law but, as he now says that he has been

converted and desires to return to the faith, with a pure heart and

faith unfeigned, and is ready to accept and perform the penances to be

imposed, they must absolve him from the excommunication incurred through

the said crime and must reconcile him to Holy Mother Church, if, as he

says, he is converted to the holy faith truly and without fiction.[404]

No mention is made here of any subsequent ceremonies, although at least

abjuration must probably have followed. When procedure was less hurried

and there had been time for its elaboration, the process became

impressive. The sentence recited that the penitent was admitted to

reconciliation; that as penance he was to appear in an auto de fe,

without girdle or cap, in a penitential habit of yellow cloth, with two

red _aspas_ or bands forming a St. Andrew's cross, and a candle in his

hand when, after his sentence is read, he should publicly abjure the

errors confessed and all other errors and apostasy, after which "we

order him to be absolved and we absolve him from any excommunication

which he has incurred and we unite and reincorporate him in the bosom

and union of the Holy Mother Catholic Church, and we restore him to

participation in the holy sacraments and communion of the faithful"--to

which was appended a recital of the various punishments to which he was

condemned. After the auto de fe was ended, the abjuration was

administered. This was similar to the abjuration _de vehementi_ already

given and in it he consented, in case of relapse, to submit to the

penalties of the canons. On the conclusion of this, he was formally

absolved and the next day his abjuration was read over to him, with a

warning that in case of relapse he would be burnt.[405]

As described in an account of the Madrid auto de fe of 1632, this

ceremony was imposing. The penitents to be reconciled were brought

before the inquisitor-general who was presiding. While they kneeled

before him he read a short catechism, comprising the creed with some

additions, to each question of which they answered "Yes, I believe."

Then the secretary recited the abjuration, in which they followed him.

The inquisitor-general then pronounced the exorcism and the customary

prayers and the royal chapel chanted the Miserere, during which the

chaplains of the Inquisition struck the penitents with rods on the

shoulders. After this the inquisitor-general recited the customary

verses and prayers and the royal chapel sang a hymn, while the black

cloth was removed from the cross, which had been covered as a sign of

mourning, and the inquisitor-general concluded the solemnities with a

hymn.[406]

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