CHAPTER VII.

ADDITIONAL ACTS TO THE FIRST CONSTITUTION OF THE HOLY OFFICE;

CONSEQUENCES OF THEM, AND APPEALS TO ROME AGAINST THEM.

The inquisitor-general judged it necessary to augment the laws of the

holy office; and added eleven new articles to them; the substance of

them is as follows:--

1st. That each inferior tribunal should consist of two inquisitors as

civilians, an attorney, an alguazil, a recorder and other persons, if

necessary, who were to receive a fixed salary. The same article

prohibits the admission of the servants or creatures of the inquisitors

into the tribunal.

2nd. That if any of the persons employed should receive presents from

the accused or his family, he should be immediately deprived of his

office.

3rd. That the holy office should employ an able civilian at Rome, under

the title of agent, and that this expense, should be supported by the

money arising from the confiscations.

4th. That the contracts signed before the year 1479, by persons whose

property had since been seized, should be regarded as valid; but if it

was proved that any deception had been used in the transactions, that

the culprits should be punished by a hundred strokes of a whip, and

branded on the face with a red-hot iron.

5th. That the nobles who should receive fugitives in their estates,

should be compelled to deliver up to government the property committed

to their care; and if they claimed the fulfilments of contracts signed

by the accused for their profit, that the attorney should commence an

action to reclaim the property at belonging to the revenue.

6th. That the notaries of the Inquisition should keep an account of the

property of the condemned persons.

7th. That the stewards of the holy office could sell the confiscated

property, and receive the rents of the estates which might be let.

8th. That each steward should inspect the property belonging to his

tribunal.

9th. That a steward could not sequestrate the property of a condemned

person, without an order from the Inquisition; and even in that case,

that he should be accompanied by an alguazil, and place the effects and

an inventory of them in the hands of a third person.

10th. That the steward should pay the salaries of the inquisitors

quarterly, that they might not be obliged to receive presents.

11th. That in all circumstances not foreseen in the new regulations, the

inquisitors should conduct themselves with prudence, and apply to the

government in all difficult cases.

The nature of these articles proves that the number of confiscations

had been considerable. Ferdinand and Isabella often gave the property of

the condemned persons to their wives and children, granted them pensions

on the property, or a certain sum to be paid by the receiver-general.

These sums, and the care which people took to conceal their effects,

diminished the funds of the Inquisition; besides which, most of the _New

Christians_ were merchants or artisans, and it often happened that the

receivers who paid the royal gifts were unable to pay the salaries of

the inquisitors. Torquemada, in 1488, decreed that the royal gifts

should not be paid, until the salaries and other expenses of the

Inquisition had been defrayed, and wrote to request the approbation of

Ferdinand, who refused it. The inquisitor-general was then obliged to

permit the inquisitors to impose pecuniary penalties on reconciled

persons (which permission was afterwards revoked). As experience showed

that the revenue of the Inquisition was never sufficient, on account of

the great number of prisoners which it was obliged to maintain, and the

expenses incurred by the agent at Rome, Ferdinand and Isabella requested

the Pope to place at the disposal of the holy office, a prebendary in

each cathedral in their dominions; to which he consented in 1501. The

receivers finding themselves unable to defray the expenses of the

administration, demanded restitution of many persons whom they accused

of retaining estates belonging to the Inquisition. This conduct caused

so many complaints, that the council of the Inquisition was obliged to

prohibit the receivers from molesting the proprietors of estates which

had been sold before the year 1479. It is not surprising that the

receivers should employ such measures to augment the revenue, when the

inquisitors contributed to impoverish it themselves, by disposing of it

according to their caprices, and without the permission of the

sovereigns. This abuse rose to such a height, that Ferdinand and

Isabella complained to the Pope, who prohibited the inquisitors from

disposing of their revenues without an order from the king, on pain of

excommunication. The inquisitors were afterwards obliged to refund the

sums which they had seized.

In 1488 the inquisitor-general formed, with the assistance of the

supreme council, a new ordinance, which consisted of fifteen articles.

The first decreed that the regulations of 1484 should be followed in all

things, except in regard to the confiscations, which were to be

regulated by the rules of equity.

The 2nd enjoins the inquisitors to proceed in a uniform manner, on

account of the abuses produced by a contrary system.

The 3rd prohibits inquisitors from delaying to pass sentence, on the

pretence of waiting for the full proof of the crime.

The 4th imports, that as there are not in all the tribunals civilians of

sufficient ability to be consulted in the preparation of the definitive

sentences, the inquisitors shall send the writings of the trials to the

inquisitor-general, in order to be examined by the civilians of the

supreme council.

The 5th decrees that no person shall be allowed to hold any

communication with the prisoners, except the priests, who were obliged

to visit the prisons once in a fortnight.

The 6th commands that the testimony of witnesses shall be received in

the presence of as small a number of persons as possible, that secrecy

may not be violated.

The 7th, that the writings and papers belonging to the Inquisition shall

be kept in the place of residence of the inquisitors, and locked up in a

chest; the key of which shall be kept by the notary of the tribunal, who

must not give it up, on pain of losing his place.

The 8th article decrees, that if the inquisitors of a district arrest a

man already pursued by another tribunal, all the papers relating to his

trial shall be placed in the hands of the first.

The 9th article decrees, that if there are papers in the archives of a

tribunal which may be of use to another, the expenses incurred in

sending them shall be paid by it.

The 10th article declares, that as there are not prisons enough for all

who are condemned to perpetual imprisonment, they shall be permitted to

remain in their houses, but not to go out, on pain of being punished

with the utmost severity.

In the 11th, the inquisitors are recommended to execute rigorously all

those laws which prohibit the children and grandchildren of condemned

persons from exercising any honourable employment, and from wearing any

garment of silk, or fine wool, or any ornament of gold, silver, or

precious stones.

The 12th article decrees, that males cannot be admitted to

reconciliation and abjuration before the age of fourteen years, or

females before that of twelve; if they had abjured before that age, a

ratification was necessary.

The 13th prohibited the receivers from paying the royal gifts, until the

expenses of the Inquisition were defrayed.

The 14th declares, that the holy office should petition the sovereigns

to build a prison in each town where it was established, for the

reception of those who might be condemned to that punishment. It also

recommends that the cells should be arranged in such a manner, that the

prisoners might exercise their respective professions, and thus maintain

themselves.

The 15th and last article obliged the notaries, fiscals, and alguazils,

and other officers of the Inquisition, to perform their functions in

person.

The inquisitor-general found that these regulations were not sufficient

to prevent abuses; he therefore convoked a junta of inquisitors at

Toledo. The decrees of this assembly were published at Avila in 1498,

and were as follows:--

First, that each tribunal should be composed of two inquisitors, one a

civilian, the other a theologian. They were prohibited from inflicting

imprisonment or torture, or communicating the charges made by the

witnesses, without the consent of both.

Secondly, that the inquisitors should not allow their dependents to

carry any defensive arms, except where their office obliges them to do

so.

Thirdly, that no person should be imprisoned if his crime had not been

sufficiently proved; and that when the arrest had taken place, his

judgment should be immediately pronounced, without waiting for fresh

proofs.

Fourthly, that the Inquisition should acquit deceased persons, if

sufficient proof was not produced, and not delay the trial to wait for

fresh accusations, as it was injurious to the children, whose

establishment was prevented, from the uncertainty of the result of the

trial.

Fifthly, that the entire failure of the funds of the holy office should

not occasion the imposition of a greater number of pecuniary penalties.

Sixthly, that the inquisitors should not change imprisonment, or any

other corporeal punishment, to a pecuniary penalty, but for the

punishment of fasting, alms, pilgrimages, or other similar penances.

Seventhly, that the inquisitors should carefully examine into the

expediency of admitting to reconciliation those who confessed their

crimes after their arrest, since they might be considered as

contumacious, as the Inquisition had been established many years.

Eighthly, that the inquisitors should punish false witnesses publicly.

Ninthly, that two men related in any degree should not be employed in

the holy office, nor a master and his servant, even in case their

functions should be entirely distinct.

Tenthly, that each tribunal should have archives secured by three locks,

the keys of which should be placed in the hands of the two notaries and

the fiscal.

Eleventhly, that the notary should receive the testimony of witnesses

only in the presence of an inquisitor, and that the two priests

commissioned to prove the truth of the deposition should not belong to

the tribunal.

Twelfthly, that the inquisitor should establish the Inquisition in all

towns where it did not already exist.

Thirteenthly, that in all difficult cases the inquisitors should consult

the council.

Fourteenthly, that the women should have a prison separated from that of

the men.

Fifteenthly, that the officers of the tribunal should perform their

functions six hours in a day, and that they should attend the

inquisitors whenever they were required.

Sixteenthly, that after the inquisitors had received the oath of the

witnesses in presence of the fiscal, he should be obliged to retire.

Besides these ordinances, Torquemada established several particular

regulations for each individual belonging to the tribunal: all the

persons employed were obliged to take an oath that they would not reveal

anything they might see or hear: the inquisitor was not allowed to

remain alone with the prisoner; the gaoler could not allow any person to

speak with him, and was obliged to examine if any writings were

concealed in the food which was given him. These were the last

regulations framed by Torquemada, but Diego Deza, his successor,

published a fifth _instruction_ at Seville, in 1500.

Such were the laws of the holy office in Spain. This code caused the

emigration of more than a hundred thousand families useful to the state,

and the loss of many millions of francs which were spent at the court of

Rome, either for the bulls which it expedited, or by those who repaired

thither to solicit their absolution from the Popes. The holy see was far

from complaining of this practice, as it brought immense sums to the

treasury, and no person who presented himself with his money before the

apostolical penitentiary, failed of obtaining the absolution he

solicited, or an order for absolution elsewhere.

This conduct displeased the inquisitors: depending on the protection of

Ferdinand and Isabella, they expostulated with the Pope, who annulled

the absolutions already granted, thus deceiving those who had spent the

greatest part of their fortunes in endeavouring to obtain them. He then

promised new pardons on new conditions, contrary to the engagement he

had entered into with Ferdinand, to abolish every means of appeal to the

Court of Rome. Such was the constant practice of the holy see during

thirty years after the establishment of the Inquisition in Spain.

The History of the Inquisition of Spain from the Time of its Establishment to the Reign of Ferdinand VII. · 第 7 / 30 章