CHAPTER XXIII

THE TRIAL OF YUCÉ FRANCO--(_Concluded_)

It might now be said that, thanks to the patient efforts which the

inquisitors themselves have been exerting for close upon a year, the

prosecutor is at last furnished with the evidence necessary to support

his original charge against Yucé Franco.

To this end he appears before the court on that same October 21, 1491,

to present in proof of his denunciation the entire _dossier_, as taken

down by the notary of the tribunal. He begs that Yucé be brought into

the audience-chamber to hear the additions which he has to make to the

original charge. These additions are the matters lately extracted from

Ocaña and Benito Garcia: that Yucé used vituperative words to the child

when he was being crucified, and that these vituperations were really

aimed at our Lord Jesus Christ and His Holy Catholic Faith; that he

struck the boy many times, and that he drew blood from the boy’s arm

with a penknife. Wherefore, he begs the inquisitors to abandon the

prisoner to the secular arm, as is right and proper.[203]

He does not, however, add that Yucé’s brother had procured the child,

and that Yucé was one of those who brought him to the cave and who

summoned the Francos to attend--an omission which shows the credit

attached to Ocaña’s statement and its lack of corroboration.

Yucé’s answer is a denial of all that is alleged and added by the

Fiscal, the lad protesting that he never did or said anything beyond

what he has, himself, confessed.

Guevára, thereupon, petitions the court to permit him to submit his

proofs of the matters of which he accuses the prisoner, and the court

having accorded him this petition, he puts in as evidence the entire

_dossier_ from which we have drawn these pages on the subject.[204]

Five days later both parties are again before the court, Guevára now

petitioning their Reverend Paternities to pass to the publication of

witnesses, that the trial may be brought to its conclusion. Dr. Villada

announces his readiness to do so, but accords the defendants three days

within which to lodge any objection to any of the matter contained in

the depositions.

Yucé begs through his advocate that copies be given him of all the

depositions of those who were present at the crucifixion, with the name

of each hostile witness and a statement of the day, month, year, and

place in which anything alleged against him is said to have taken place.

But Guevára immediately objects, urging that in the copies of the

depositions to be given defendant, no names shall appear of any of the

witnesses who had deponed, and no circumstances shall be included which

might enable Yucé to conjecture the names. It seems a purely formal

objection; for after the confrontations there have been it appears to

serve very little purpose. But some purpose it does serve, because

those confrontations after all were limited to Ocaña and Benito, and

from the moment that it was not considered necessary to proceed to

confrontation with any of the other prisoners it would seem that they

had needed no such spur to drive them into depositions hostile to Yucé.

However, the reverend inquisitor replies loftily enough that he will

do what justice demands, and he orders the notary to deliver to Yucé

copies of all the depositions against him. But from Yucé’s advocate’s

plea on October 29--upon the expiry of the three days appointed--it is

plain that the particulars claimed have been withheld.

From the fact that the advocate Sanç has drawn up so strong an

objection on behalf of his client, it is perfectly clear that even at

this date Yucé’s guilt of heresy cannot be considered as established.

If that were the case, Sanç, in obedience to the oath imposed upon him

when entrusted with the defence, would have been compelled to lay down

his brief and withdraw.

Yucé denies all the allegations against him which charge him with

having taken any active part in the crucifixion of the boy, and he

protests that he is unable properly to defend himself because the

copies of the depositions supplied him do not mention time or place

of the alleged offences nor yet the names of the witnesses by whom

these allegations are made. Upon the assumption, however, that these

deponents are Benito Garcia, Juan Franco, and Juan de Ocaña, he

proceeds to answer the charges as best he can.

This answer consists of a repudiation of those depositions as

inadmissible upon the grounds that they do not agree one with another,

and that each refers to a separate circumstance, no two confirming any

one particular accusation, and all being contrary to what the same

witnesses had stated in confrontation with the defendant, when each had

acknowledged that Yucé’s relation of the events was the true one. Hence

it is established that on one or the other of these occasions they must

have lied, from which it follows that they are perjured and unworthy of

faith.

Further, he claims that they may not be admitted as witnesses because

they were, themselves, participators in the crime committed. Finally,

he declares that their implication of himself is an act of spite and

vengeance upon him. It is his full and faithful confession which has

placed the inquisitors in possession of the facts of the case and the

names of the offenders, and the latter are determined that since they

themselves must die, Yucé shall die with them--out of which malice and

enmity they have accused him.

Upon these grounds, and insisting that he has told them the utter and

complete truth, and that he himself was no more than a witness of the

events, and in no way a participator, Yucé bases his defence, and begs

that the depositions should cease to weigh against him.[205]

Guevára’s answer, if it inclines to the grotesque, is quite typical,

and is certainly more to the taste of the court.

He denies that the witnesses are inspired by any such animosity as Yucé

suggests, and he asserts that they have deponed “with devout zeal of

faith, and to deliver their souls from peril.” And amongst these, be it

remembered, was Benito Garcia, who conceived that the worst thing he

had ever done in his life had been to get himself baptized a Christian,

and who continued firm in his resolve to die a Jew at all costs. Only

at the very stake itself--as we shall see--did he recant again, that he

might earn the mercy of strangulation. Yet Guevára does not hesitate

to say--what he must know to be untrue--that these men have confessed

“with devout zeal of faith.”

On these grounds Guevára urges that the depositions must be admitted

as made in good faith and as proof; and since the said Yucé Franco

would not spontaneously confess all that he had done, their Reverend

Paternities should put him to the question of torture, as by law

prescribed in such circumstances as the present.[206]

The court agrees with its Fiscal and proceeds to draw up a list of

fifteen questions to be put to the accused.[207]

With this list the inquisitors Villada and Santo Domingo, accompanied

by their notary, go down into the prisons of the Inquisition on

November 2, and order Yucé Franco to be brought before them.

“Very lovingly and humanely” they admonish him to tell the whole truth

of the things known to him that are the business of the Holy Office,

and particularly in answer to the questions they have prepared. These

questions being summed up amount to the following: Whence was the child

that was crucified? Whose child was it? Who brought it to the cave? Who

first set on foot this affair?

They promise him that if he makes truthful answer they will use him as

mercifully as the law and their consciences permit.

Yucé has cause to mistrust any such promises. His first confession

was made three months ago under a promise of pardon, and he has every

reason to suppose that it has been the ruin of him.

He says, however, that being in the cave on the occasion when they

foregathered there for the enchantment--about fourteen days after the

crucifixion--he heard Tazarte inquire whence was the child, and Juan

Franco replied before all that it was from a place whence it would

never be missed, “as stated in his confession.”

(When last asked this question--at the time of making his

confession--he had attributed these words to Tazarte.)

He protests that he can remember no more than he has already confessed.

Their Reverend Paternities deplore his stubbornness. They tell him that

since he will not speak the entire truth of what he knows--as they

have proof--they must proceed to other measures. They summon Diego

Martin, the torturer, and into his hands they deliver the prisoner,

with orders to take him to the torture-chamber, strip him naked, and

bind him to the _escalera_--intending, if necessary, to proceed to the

water-torture.

This is done, and Yucé is stretched naked and cruelly bound with ropes

that bite into his flesh as a foretaste of the _garrote_ by which his

torments will commence. The inquisitors enter--possibly after a delay

sufficient to allow the mental torture of anticipation to terrorize the

patient into a more amenable frame of mind.

Again they admonish him for his own sake to speak what he knows, and

they even point out to him that it is his duty as a God-fearing Jew

to speak the truth. Again they promise to deal mercifully with him if

he will answer their questions fully and truthfully; and lastly they

protest that if his blood is shed in the course of what is to follow,

or should he suffer any other harm, or mutilation of limb, or even

death, the blame must fall entirely upon himself and nowise upon their

reverences.

Fully intimidated by this skilful accumulation of terrorizing agents,

Yucé implores them to repeat their questions, which he will do his best

to answer.

“Whence,” they ask him again, “was the boy who was crucified at La

Guardia?”

“Juan Franco,” he replies, “brought him from Toledo.” He adds that Juan

Franco announced this before them all, and told them that he had kept

the child concealed in La Hos de La Guardia for a day before bringing

him to the cave to be crucified.

[Illustration:

_Photo by Donald Macbeth._

SANBENITO OF PENITENT RELAPSED.

From Limborch’s ‘Historia Inquisitionis.’]

What is not to be explained is why Yucé should have waited until he was

strapped to the _escalera_ before making this statement. Why did he not

make it when the question was asked him at his last examination--if

not in his original confession? It cannot be pretended that he was

endeavouring to screen Juan Franco, because he has very amply betrayed

him in other ways. Is the explanation that under fear of torture he

felt the need to invent an answer likely to satisfy the inquisitors?

It can hardly be that, because Juan Franco himself is to admit--as we

shall see--the truth of this detail. It only remains to be supposed

that the lively fear of torture had sharpened the young Jew’s memory.

But that again seems hardly satisfactory as an explanation.

“Where,” they ask him next, “is La Hos?”

“It is,” he replies, “a meadow by the River Algodor,” and he goes on to

explain that Juan Franco had told them all that he had taken a load of

wheat to Toledo to sell, and that, having sold it, he went to an inn,

and later on he found the boy in a doorway and coaxed him away with

_nuégados_ (a sweetmeat composed of flour, honey, and nuts--nougat).

Thus he got him into his cart and brought him to La Guardia.

Yucé doesn’t know who were the child’s parents, nor in what street of

Toledo he was taken by Juan Franco, as the latter did not mention those

particulars.

“Who were the first to propose the affair? Did the Jews engage the

Christians in it, or the Christians engage the Jews?”

He answers that the Francos of La Guardia, fearing the Inquisition,

performed an enchantment in the first instance with a consecrated

wafer, as he has already confessed (October 11), and then repaired to

Tazarte asking him to do something more efficacious, as the sorcery

with the wafer had had no result. Tazarte agreed, and bade them procure

a Christian boy for the purpose. When Juan Franco brought him, it

was decided to cut out his heart, that with this heart and a wafer a

stronger enchantment might be performed.

“Why was he done to death by crucifixion rather than in any other way?”

Yucé believes that the crucifixion was preferred in vituperation of

Jesus Christ. But again he protests that his own share was no more than

he has confessed already.

“What were the particular vituperations used to the child, and by whom?”

His answer to this question incriminates all those who were present

at the affair; the vituperations which he tells the inquisitors were

employed were rather indecent, and include a scurrilous version of the

Incarnation which would, no doubt, be current at the time among Jews

and other enemies of Christianity in Spain and elsewhere--a story, it

is needless to add, entirely idle and foolish, and rather the obvious

thing to be conceived in those days against any historical character

who might be detested.

He says that Tazarte was the leader in all the vituperations (which

sounds likely enough, as Tazarte was the celebrant), that the others

uttered them after him, and he admits that he himself said some of the

things which he has mentioned, but he doesn’t enter into particulars.

“For what purpose were the heart and the Host required, and what good

purpose was expected to be served by these sorceries?”

He replies that these things were done to the end that the inquisitors

or any others who should aim at molesting these Christians concerned

should die of rabies.

“What advantage did the Jews look to gain?”

He states that Tazarte had assured them that as a consequence of the

enchantment all Christians in the land must either perish or become

Jews, so that the Law of Moses should triumph and prevail.

“To whom were the heart and the Host to be delivered for the said

enchantment?”

“To Mosé Abenamias at Zamora.”

“Was Abenamias himself to perform the enchantment?”

“No; he was to give orders for its performance to a wizard of Zamora.”

“Does he, or do any of the others, know the said wizard, and what is

his name?”

He cannot answer the question, beyond telling them that he had heard

Tazarte say that he knew Abenamias and the wizard, and that he had been

to school with the latter.

“How many times did they assemble to decide upon the crucifixion?”

He knows that all (with the exception of himself) assembled in the same

cave to perform an enchantment with a Host on an occasion previous to

that of the boy’s crucifixion. He knows this because he was invited to

the gathering; he did not wish to go, and so stayed away, but he was

told afterwards by the others what had been done.

“What Christians does he know to have kept the Sabbath, the Passover,

and to have performed Jewish rites?”

He says that Benito once came to their house at Tenbleque and spent

a Sabbath with them, doing no work, eating _adafinas_ and drinking

_Caser_ wine; and that he came upon another occasion and asked them

when was the fast of _Tisabeaf_ (the eve of Purim), and that he

believes that, being informed of this, he kept that fast.

He can remember no others, excepting one Diego de Ayllon and three of

his daughters and a son, all of whom kept the Sabbath and observed

the law of Moses in secret; and the widow of one Juan de Origuela,

deceased, who sometimes kept Jewish fasts; and Juan Vermejo of

Tenbleque, whom he knows once to have kept the great fast.

These names are duly noted on the margin of the notary’s document as

matters of importance which need inquiring into.

“Whence was the wafer procured, and how does he know that it was

consecrated?”

He answers that when they assembled, a fortnight after the crucifixion,

he heard Alonso Franco say that he had taken it from the monstrance in

the Church of Romeral, replacing it by an unconsecrated wafer.

“Was this the wafer given to Tazarte with the heart?”

He believes so, but he is not sure, nor does he know what became of it.

“Who brought the other wafer given to Benito, and whence was it

obtained?”

Alonso brought it, and said that he had obtained it in the church of La

Guardia, and that it was consecrated. But Yucé doesn’t know if anyone

gave it to him.[208]

This confession Yucé ratified two days later, adding now that Juan

and Garcia Franco together had brought the boy, and that one had

remained at La Hos with him whilst the other had come to La Guardia.

Further, he adds that the letter to Abenamias at Zamora bore six

signatures--Tazarte’s, Alonso Franco’s, Benito Garcia’s, Yucé Franco’s

own, his brother’s, and one other which he can’t recall.[209]

We have already indicated that a mystery attaches to this letter. What

has become of it? We are told that Benito bore it together with the

Host. How does it happen that it was not taken together with the Host

when he was arrested at the inn at Astorga? Possibly it was. But in

that case, and since it bore Yucé’s signature, why is it not included

in the _dossier_, and why can we find no trace of any use having been

made of it by the inquisitors? The only plausible explanation--and

it may be forthcoming when the _dossiers_ of the other accused are

discovered--is that the Host found upon Benito Garcia was not the one

sent with the letter by his hand some time in 1487 or 1488.

On November 3 the octogenarian Ça is examined in the torture-chamber,

strapped, as was his son, to the _escalera_. But the mere fear of

torture is not sufficient to loosen the tongue of this aged Jew. He

resists their questions, and will add nothing to what he has confessed,

until the executioner has submitted him to that frightful torment and

given him one jar of water. He then affords them, at last, the further

information they require, telling them the precise vituperations that

were addressed to the crucified boy, and admitting that this was done

in mockery of the Passion of Jesus Christ. He says that Tazarte uttered

the insults, and that the others--first the Jews, and after them the

Christians--repeated them. Further, he confesses that the child was

crucified and the sorceries performed that the inquisitors and all

Christians should enrage and die.[210]

On the same day Juan Franco was tied to the _escalera_, beyond which

it was not necessary to proceed with him, for he there satisfied the

inquisitors by confessing to the vituperations employed against the

crucified boy.[211]

On the 4th further confirmation of this is obtained from Juan de Ocaña,

who confesses to the vituperations, and says that they were first

uttered by the Jews, who then compelled the Christians to repeat them.

He does not remember the terms used, nor would he ever have known them

but for the Jews.[212]

Benito is next examined, and warned by the inquisitors to answer

truthfully, as the truth is already fully known to them. He admits that

many vituperations were used; he cites them, and in the main they agree

with what has already been deponed.

“Who,” he is asked, “were the first to utter these things?”

He replies that Ça Franco, his sons, and Tazarte (_i.e._ the Jews)

were the first, and that he and the other Christians repeated them

afterwards.

Lastly, on November 5, Alonso Franco affords the fullest confirmation

to all this that has been confessed by the other accused.[213]

The trial is now rapidly drawing to a close. On the 7th Yucé is again

before the court, and--sinister feature--this time he comes alone.

His counsel has vanished, in acknowledgment of the fact that it is no

longer tenable with his duty to God that he should continue to defend

one of whose “heresy” he is himself convinced. Yucé himself, in view

of this, must realize that he is lost, and must abandon his last shred

of hope.

Guevára, the prosecutor, is there, and Dr. Villada announces that

additional proof is now before the court. He orders copies of the

latest depositions, obtained in the torture-chamber, to be delivered

to the defendant, and he accords the latter three days within which he

must lodge any objection to anything contained in them.

But Yucé does not require so long. He realizes that all is lost, and

he forthwith confesses that what has been deponed by the witnesses

against him concerning the vituperations he used is true with certain

exceptions, and these were the most blasphemous and insulting.

Upon that the fiscal Guevára formally petitions the court to pass

sentence. The inquisitor Santo Domingo declares the trial to be at an

end, and dismisses both parties, requiring them to come before the

court again in three days’ time to hear the sentence.[214]

Yet, before proceeding to this, on the 14th day of that month of

November, the inquisitors ordered all the prisoners (with the exception

of Juan Franco) to be introduced together into the audience-chamber.

There, in the presence of his co-accused, each was bidden to recite

what he had already confessed, this being done with the aim of

obtaining a greater unanimity upon details.

Last of all, Juan Franco is brought in, and he now admits that it is

true that he brought the boy from Toledo, that they had crucified

him as he has confessed, that he himself had opened the boy’s side

and taken out his heart, and that his brother Alonso had opened the

veins of the child’s arms, etc.--all as confessed--and further that it

is true that he and his brother Alfonso had afterwards buried their

victim.

He now corroborates Benito’s statement that on the day they stole the

child he and Benito went together to Toledo, and that they agreed

that one should seek in one quarter of the city whilst the other

sought in another. And further, he says that he found the child in the

doorway--known as the Puerta del Perdon--of the cathedral, as he has

already stated in his confession (which is not before us).[215]

On the next day Guevára appears before the inquisitors to petition that

in view of what has been deponed against the deceased Mosé Franco, Yucé

Tazarte, and David Perejon, their Paternities should order it to be

recorded _ad perpetuam rei memoriam_, to enable the execution of the

deceased in effigy, the confiscation of their property, and the infamy

of their heirs.

That is on November 15. On the 16th the last scene of this protracted

trial is played in the market-square of Avila.

There, near the church of St. Peter, the scaffolds have been erected

for the Auto de Fé. On one, in their hideous yellow _sanbenitos_,

are grouped the eight prisoners and the three effigies. On the other

are the inquisitors, Dr. Pedro de Villada and Frey Antonio de Santo

Domingo, with all the _personnel_ of the Holy Office, their notaries,

the fiscal Guevára, familiars, and apparitors. Round the scaffolds

thronged the greater part of the inhabitants of Avila and many who had

come in from the surrounding country districts, whence it is clear

that the Auto had been announced some days before. The popular feeling

against the Jews runs high, and it is an angry, turbulent mob that

witnesses the Auto. Avila, indeed, is in uproar, and no Jew dare show

himself abroad without risk of being insulted or assaulted in the

street.[216]

The sentences are read by the notary Antonio Gonçales, commencing with

a very full narrative of the crimes of each of the accused, which we

need not render here as it is a summary of all that has been gone

through and practically a repetition of the matter contained in the

“Testimonio.”

They are sentenced all to be abandoned to the secular arm of the

Corregidor Don Alvaro de Sant’ Estiban, who, advised some days before,

is in attendance with his lieutenants and _alguaziles_.

The usual exhortation being duly pronounced, they are seized by the men

of the Corregidor and led away out of the city to the burning-place.

The inquisitors order their notaries to accompany the doomed men, that

they may record their final confessions at the stake.

In Yucé’s _dossier_ are included not only his own confession--made at

the last moment--but also Benito Garcia’s, Juan de Ocaña’s, and Juan

Franco’s, all recorded by the notary Gonçales. Further, this _dossier_

contains a letter written on the morrow of the event by the same notary

of the Holy Office to the authorities of La Guardia, accompanying a

relation of the crime and the sentences pronounced, for publication in

La Guardia, where the offences were committed.

From this we learn that Benito, in spite of his protestations that he

would die a Jew betide what might, accepted at the stake the spiritual

comforts of the Church, and thus earned the mercy of being strangled

before the faggots were fired.[217]

Similarly Juan de Ocaña and Juan Franco accepted the ministrations of

the attendant friars and returned to the Church from which they had

secretly seceded. But the Jews--the stalwart old man of over eighty

and his son--held staunchly to their faith, and refused to avoid by

apostasy any part of the agony prepared them. Wherefore, in a spite

that seems almost satanic, their flesh was torn with red-hot pincers

before they were consumed over slow fires.

“They refused,” writes the reverend notary, “to call upon God or the

Virgin Mary or to make so much as a sign of the Cross. Do not pray for

them,” he concludes, impatiently it seems to us, “for they are buried

in Hell.”

Finally, the notary begs the authorities of La Guardia not to permit

that the place where Juan Franco said that the Holy Child was buried

should be ploughed over, but to see that it is left intact. Their

Highnesses and the Cardinal of Spain, he adds, may desire to visit it,

and he prays that God “may reveal to us the bones of the infant.” It

is expedient to mark the spot, he concludes, because, in view of the

merits of such a place, he hopes that it may please God that the earth

of it will work miracles.

The sentence is sent, it should be added, with order that it shall be

read from the pulpit of La Guardia on the following Sunday, and this

under pain of excommunication.

In Avila the popular feeling against the Jews as a consequence of this

affair was so bitter that their lives were not safe, and it is on

record that one was stoned to death in the streets. It became necessary

for the Aljama of that city to petition the Sovereigns for protection,

and M. Fidel Fita quotes a royal letter commanding such protection

to be extended, with threats of rigour against any who should molest

them.[218]

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