CHAPTER XII

THE JURISPRUDENCE OF THE HOLY OFFICE--THE AUDIENCE OF TORMENT

Eymeric’s cold-blooded directions for leading an accused who refused

to confess into contradictions that should justify his being put to

torture have already been considered.

The inquisitors could not proceed to employ the question--as the

torture was euphemistically called--save under certain circumstances

prescribed by law; and the strict letter of the law, as you have seen,

and as you shall see further, was a thing inviolable to these very

subtle judges.

These circumstances, as expounded by Eymeric in his “Directorium,”[107]

are (_a_) the inconsistence of the accused’s replies upon matters of

detail whilst denying the main fact; (_b_) the existence of semi-plenal

proof of his offence.

This semi-plenal proof is considered forthcoming--

(_a_) When an accused is “reputed” to be a heretic and there

is but one witness against him who can depone to having seen

or heard him do or say that which is against the Faith. (Two

witnesses were by law required to establish his guilt.)

(_b_) When in the absence of witnesses there are grounds for

vehement or violent suspicion.

(_c_) When there is no evil “reputation” attaching to the

accused, but one witness against him and _grounds_ for

vehement or violent suspicion--_i.e._ not actual suspicion but

indications of it; a suspicion of suspicion, as it were. The

distinction is most elusively fine.

The scholiast Pegna adds in his commentaries that this combination

of “reputation” (or grounds for suspicion) and one witness is not

necessary to justify submitting the accused to the question--

(_a_) When to evil reputation are added evil morals, which

lead easily to heresy--thus those who are incontinent and

very greatly addicted to women persuade themselves that this

incontinence is not in itself a sin. (Such an opinion if

proclaimed would amount to heresy, therefore one who acts as if

he held it lays himself open to suspicion of heresy.)

(_b_) When the accused who has incurred evil reputation shall

have fled. (The circumstance of his flight is accepted as

evidence of evil conscience.)[108]

Eymeric further enjoins that the question shall be employed only when

all other means of obtaining the truth shall have failed, and he

recommends the use of exhortation, gentleness, and ruse to draw the

truth from the prisoner.[109]

He observes that, after all, not even the torture can be depended upon

always to extract the truth. There are weak men who under the first

torments confess even what they have not done; and there are others so

stubborn and vigorous that they can suffer the greatest pains; there

are those who having already undergone torture are able to endure it

with greater fortitude, knowing how to adapt themselves to it; and

there are others still who, by having recourse to sorcery, remain

almost insensible to the pain and would die before divulging anything.

These last, he warns inquisitors, use passages from the Gospel

curiously inscribed upon virgin parchment, intermingling in these

the names of angels that are unknown, designs of circles, and magic

characters. These charms they bear about their bodies.

“I don’t yet know,” he confesses, “what remedies are available against

these sorceries; but it will be well to strip and closely to examine

the patient before putting him to the question.”

He recommends that when the accused has been sentenced to torture, and

whilst the executioners are making ready to perform it, the inquisitor

should continually endeavour to induce the accused to confess. The

torturers should strip him with precipitation, but with a sorrowful air

and almost as if troubled for him (_quasi turbati_). When stripped, he

should be taken aside and once more exhorted to confess. His life may

be promised him, provided that the crime of which he is accused is not

such as to make it forfeit.

If all proves vain the inquisitor shall proceed to the question,

beginning by interrogating him upon the more trivial matters of which

he is accused, as he would naturally acknowledge these more readily

(and when acknowledged they can be made the stepping-stones to more),

the notary being at hand to write down all that is asked and answered.

If he persists in his denials he is to be shown further implements of

torture, and assured that he will have to undergo them all unless he

speaks the truth.

If he still denies, the question may be _continued_ on the second or

third day, but not _repeated_.

Here again we have them observing the letter and flagrantly violating

the spirit of the law. Torture must not be repeated because it is by

law forbidden to put an accused to the question more than once, unless

in the meantime fresh evidence has been forthcoming; but it is not

forbidden to continue it--not forbidden because those who formulated

that law never dreamt of such a quibble being raised.

It is almost incredible that men should juggle with words in this way.

But here is the passage itself:

“Ad continuandum non ad iterandum, quia iterari non debent, nisi novis

supervenientibus indiciis, sed continuari non prohibentur.”

Lest they should be in danger of having to repeat the torture, they

took care to suspend it as soon as the patient was at the limit of

his endurance, and merely resumed or continued it two or three days

later, to suspend again and continue again as often as they might deem

necessary.

That it can have made no difference to the wretched patient whether

they described the procedure by one verb or the other does not appear

to have weighed with them. There was a difference--an important verbal

difference.

* * * * *

Upon this point the apologist Garcia Rodrigo, in his “Historia

Verdadera de la Inquisicion,” very daringly draws attention to the

meekness of the courts of the Inquisition as compared with the civil

tribunals. He contrasts the methods of the two, and to make out a case

in favour of the former, to prove to us that those who preached a

gospel of mercy knew also how to practise mercy, he tells us, rather

disingenuously, that whilst in civil courts a prisoner might be ordered

three times to the torture, in the courts of the Inquisition this

could not be imposed upon him more than once--_its rules forbidding

repetition_.

He does not consider it worth while to add that the “Directorium” in

which he found that rule points out, as we have seen, how it may be

circumvented

It is much easier to set up a case for the other side, to show that the

greater mercy in the matter of torture was practised by the secular

courts. In these, for instance, a nobleman was immune from torture.

Not so in the courts of the Inquisition, which proceeded, no doubt,

upon the grounds that all are equals in the sight of God. No exception

was made there in favour of any man. And in Aragon, where the torture

was never applied in civil trials, it was none the less resorted to by

the inquisitors.

* * * * *

When the accused shall have endured torture without confessing, the

inquisitors may order his release by sentence, stating that after

careful examination they are unable to find anything against him on

the score of the crime of which he is accused--which, of course, is no

acquittal, since he may at any time be re-arrested and put upon his

trial once more.

In his commentaries Pegna tells us[110] that there are five degrees

of torture. He does not mention them in detail, saying that they

are sufficiently well known to all. These five degrees are given in

Limborch.[111]

The first four are not so much torture as terror--or mental torture; it

is only in the fifth degree that this becomes physical. The conception

is of an almost fiendish subtlety; and yet its aim, we must believe,

was merciful, since they accounted it more merciful to torture and

terrify the mind than to bruise the flesh.

Eymeric’s directions are the basis of this, although Eymeric himself

does not break up the procedure into degrees. These are:

(1) The threat of torture.

(2) Being conducted to the torture-chamber and shown the implements and

their functions.

(3) Stripping and preparing for the ordeal.

(4) Laying and binding upon the engine.

(5) The actual torture.

The actual torture was of various kinds, any of which the inquisitor

might employ as he considered most suitable and effective, but Pegna

admonishes him not to resort to unusual ones. Marsilius, the scholiast

informs us, mentions fourteen different varieties, and adds that he had

imagined others, such as that of depriving a prisoner of sleep. In this

he appears to have received the approval of other authors, but he does

not receive Pegna’s. Even the scholiast is shocked at an ecclesiastic’s

fertility of invention in this branch, and confesses that such

researches are better suited to executioners than theologians.

It must be admitted that the records show none of that fiendish

invention which is so widely believed to have been exercised. The cruel

subtleties of the inquisitors were spiritual rather than physical,

and we have just seen Pegna’s censure of an inquisitor who gave his

attention to the devising of novel and ingenious torments.

It is very clear, from the records we have, that the Holy Office must

have been content to depend upon the engines already in existence,

or, rather, upon a limited number of the most efficacious. There

were exceptions, of course. The torture of fire--which consisted in

toasting the feet of the patient after anointing them with fat--appears

upon rare occasions to have been employed; and a barbarous piece of

supererogative cruelty was practised at a great Auto de Fé held at

Valladolid in 1636: ten Jews convicted of having whipped a crucifix

were made to stand with one hand nailed to an arm of a St. Andrew’s

cross whilst sentence of death was being read to them.

As a rule, however, both in torturing and in punishing the inquisitors

avoided novelties. For the question they usually resorted to one of

three methods: the rack; the _garrucha_, which is the torture of the

hoist, the _tratta di corda_ of the Italians; and the _escalera_, or

_potro_, or ladder, or water torture.

The inquisitors attended in person--as prescribed by Torquemada--to

question the patient, accompanied by their notary, who wrote down in

fullest detail an account of the proceedings.

The hoist was the simplest of all engines; it consisted of no more

than a rope running through a pulley attached to the ceiling of the

torture-chamber.

The patient’s wrists were pinioned behind him, and one end of the rope

was attached to them. Slowly then the executioners drew upon the other

end, gradually raising the patient’s arms behind him as far as they

would go, backwards and upwards, and continuing until they brought him

to tip-toe and then slowly off the ground altogether, so that the whole

weight of his body was thrown upon his straining arms.

At this point he was again questioned and desired to confess the truth.

If he refused to speak, or if he spoke to no such purpose as his

questioners desired, he was hoisted towards the ceiling, then allowed

to drop a few feet, his fall being suddenly arrested by a jerk that

almost threw his arms out of their sockets. Again was the question put,

and if he continued stubborn he was given a further drop, and so on

until he had come to the ground once more, or until he had confessed.

If he reached the ground without confessing, weights were now attached

to his feet, thus increasing the severity of the torture, which was

resumed. And so it continued. The weights were increased, the drops

were lengthened--or else he might be left hanging--until confession was

extracted, or until with dislocated shoulders the patient had reached

the limit of his endurance.[112]

In the latter case the torture might be suspended, as we have seen,

to be continued two or three days later, when the prisoner should

sufficiently have recovered.

The notary made a scrupulous record of the _audiencia_--the weights

attached, the number of hoists endured, the questions asked and the

answers delivered.

The potro, or water-torture, was more complex, far more cruel, and

appears to have been greatly favoured by the Holy Office.

The patient was placed upon a short narrow engine, in the shape of a

ladder, and this was slanted a little so that his head was below the

level of his feet, for reasons that will soon be apparent. His head

was now secured by a metal or leather band which held it rigidly in

position, whilst his arms and legs were lashed to the sides of the

ladder so tightly that any movement on his part must cause the whipcord

to cut into his flesh.

In addition to these bindings garrotes were applied to his thighs and

legs and arms. This was a length of cord tied firmly about a limb--upon

occasion round the whole torso over the arms; a stick was thrust

between the cord and the flesh, and by twisting this stick a tourniquet

was formed; first strangury, then the most agonizing pain was thus

occasioned, whilst if the twisting was carried far enough the cords

would sink through nerve and sinew until they reached the bone.

The mouth of the patient was now distended and held so by a prong

of iron--called a _bostezo_. His nostrils were plugged, and a long

strip of linen was placed across his jaws, and carried deep into his

throat by the weight of water poured into his gaping mouth. Down this

_toca_--as the strip was called--water continued to be slowly poured.

As this water filtered through the cloth, the patient was subjected to

all the torments of suffocation, the more cruel because he was driven

by his instincts to make futile efforts to ease his condition. He would

constantly exert himself to swallow the water, hoping thus to clear the

way for a little air to pass into his bursting lungs. A little would

and did pass in--just enough to keep him alive and conscious, but not

enough to mitigate the horrible sufferings of asphyxiation, for the

cloth was always wet and constantly charged with water.

From time to time the _toca_ was brought up, and the gasping wretch

would be invited to confess. Further to combat stubbornness on his

part, and also, it would seem, to revive him when he was failing, the

executioners would give an agonizing turn or two to the garrotes upon

his--or her--limbs; for the Holy Office did not discriminate between

the sexes in these matters.

To prevent the vomiting which any form of torture might produce, and

the _potro_ in particular, the inquisitors, with their never-failing

attention to detail, provided that no patient should be given

food for eight hours before the question was applied. The notary

present at this _audiencia de tormento_ was required to set down, in

addition to questions asked and answers returned, the fullest details

of the torture applied, and particularly how many jars of water

were administered, these being the measure of the severity of the

ordeal.[113]

The rack is too well-known to need describing here, having in its time

been used in all European countries. Cruel as it was, it was perhaps

one of the least cruel engines of torture that have been employed.

* * * * *

It was required by law that any confession extracted under torture

should afterwards be ratified by the prisoner. This was one of the

prescriptions of Alfonso XI in the Partidas code. It recognizes that

a man might be driven by pain to say that which is not true, and

therefore it forbids the courts to accept as evidence what might be

declared under torture.

Therefore on one of the three days after the question had been

applied--as soon, presumably, as the prisoner was sufficiently

recovered to attend--the prisoner was brought once more into the

audience-chamber.

His confession, reduced to writing by the notary, was placed before

him, and he was invited to sign it--the act being necessary to convert

that confession into admissible evidence. If he signed, the proceedings

now ran swiftly and uninterruptedly to their end. If he refused to

sign, repudiating the statements made, the inquisitors proceeded upon

the lines laid down by Torquemada in Article XV of his “Instructions”

to meet the case.

* * * * *

Pegna warns inquisitors against delinquents who feign madness to avoid

the torture. They should not, he says, delay on that account, for the

torture may be the best means of ascertaining whether the madness is

real or simulated.[114]

Finally let it be added upon this gruesome subject that it was not

only the accused who was liable to be put to the question. A witness

suspected of falsehood, or one who had lapsed into contradictions

in the course of his evidence, might be put to torture _in caput

alienum_.[115]

Torquemada and the Spanish Inquisition: A History · 第 12 / 27 章