CHAPTER I

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THE INQUISITION IN SPAIN

Beginning and growth of religious persecution—Temporal power of the Papacy—Pope Innocent III creates the first "Inquisitors"—Domingo de Guzman founder of the Inquisition—Founder of the Dominican Order of Friars—The "ancient" Inquisition—Penances inflicted—Persecution of the Jews in Spain—Institution of the "modern" Inquisition under Ferdinand and Isabella—Headquarters at Seville—Frequent autos da fÉ—Thomas de Torquemada the first Inquisitor-General—The privileges of the office—Torquemada's life and character—Sufferings of accused persons.

The record of religious persecution furnishes some of the saddest pages in the world's history. It began with the immediate successors of Constantine the Great, the first Christian prince. They promulgated severe edicts against heretics with such penalties as confiscation, banishment and death against breaches of Catholic unity. In this present tolerant age when every one may worship God after his own fashion, it is difficult to realise how recent a growth is toleration. For more than six centuries the flames of persecution burned fiercely throughout Christendom, lighted by the strong arm of the law, and soldiers were constantly engaged to extirpate dissent from the accepted dogmas with fire and sword. The growth of the papacy and the assumption of the temporal power exalted heresy into treason; independence of thought was deemed opposition to authority and resistance to the universal supremacy of the Church. The popes fighting in self-defence stimulated the zeal of their followers unceasingly to stamp out heresy. Alexander III in the 12th century solemnly declared that every secular prince who spared heretics should be classed as a heretic himself and involved in the one common curse.

When the temporal power of the popes was fully established and acknowledged, the papacy claimed universal sovereignty over all countries and peoples and was in a position to enforce it by systematic procedure against its foes. Pope Innocent III, consumed with the fervour of his intolerant faith, determined to crush heresy. His first step was to appoint two "inquisitors" (the first use of the name) and two learned and devout friars, who were really travelling commissioners, were sent to perambulate Christendom to discover heresy. They were commended to all bishops, who were strictly charged to receive them with kindness, treat them with affection, and "help them to turn heretics from the error of their way or else drive them out of the country." The same assistance was expected from the rulers of states who were to aid the inquisitors with equal kindness.

The mission began in the south of France and a crusade was undertaken against the Albigensians and Waldensians, those early dissidents from the Church of Rome, who drew down on themselves the unappeasable animosity of the orthodox. The campaign against these original heretics raged fiercely, but persecution slackened and might have died out but for the appearance of one devoted zealot whose intense hatred of heresy, backed by his uncompromising energy, revived the illiberal spirit and organised fresh methods of attack. This was Domingo de Guzman, a Spanish monk who accompanied Foulques, Bishop of Toulouse, when he left his desolated diocese to take part in the fourth Lateran Council, assembled at Rome in 1215. This Domingo, historically known as St. Dominic, was the founder of the Dominican order of friars.

Though generally accepted as such by Church historians, it is now argued that St. Dominic was not really the founder of the Inquisition[1] and that although he spent the best years of his life in combating heresy he took no more prominent part in persecution than hundreds of others. His eulogistic biographer describes him as "a man of earnest, resolute purpose, of deep and unalterable convictions, full of burning zeal for the propagation of the faith, yet kindly in heart, cheerful in temper and winning in manner.... He was as severe with himself as with his fellows.... His endless scourgings, his tireless vigils, his almost uninterrupted prayer, his superhuman fasts, are probably only harmless exaggerations of the truth." The Dominicans boasted that their founder exhaled "an odour of sanctity" and, when his tomb was opened, a delicious scent issued forth, so penetrating that it permeated the whole land, and so persistent that those who touched the holy relics had their hands perfumed for years.

Whatever the personal character of Dominic and whether or no he laboured to carry out the work himself, there can be no doubt that his Order was closely identified with the Inquisition from the first. Its members were appointed inquisitors, they served in the prisons as confessors, they assisted the tribunals as "qualificators," or persons appointed to seek out proof of guilt, or estimate the extent or quality of the heretical opinions charged against the accused; the great ceremonials and autos da fÉ were organised by them; they worked the "censure" and prepared the "Index" of prohibited books. The Dominicans were undoubtedly the most active agents in the Inquisition and they owed their existence to him, even if he did not personally take part in its proceedings.

The following quotation from Prescott's "History of Ferdinand and Isabella" may well be inserted here. "Some Catholic writers would fain excuse St. Dominic from the imputation of having founded the Inquisition. It is true he died some years before the perfect organisation of that tribunal; but as he established the principles on which, and the monkish militia by whom it was administered, it is doing him no injustice to regard him as its real author." The Sicilian writer, Paramo, indeed, in his heavy quarto, traces it up to a much more remote antiquity. According to him God was the first inquisitor and his condemnation of Adam and Eve furnished the models of the judicial forms observed in the trials of the Holy Office. The sentence of Adam was the type of the Inquisitional "reconciliation," his subsequent raiment of skins of animals was the type of the sanbenito, and the expulsion from Paradise, the precedent for the confiscation of the goods of heretics. This learned personage deduces a succession of inquisitors through the patriarchs, Moses, Nebuchadnezzar, and King David, down to John the Baptist, and he even includes our Saviour in whose precepts and conduct he finds abundant authority for the tribunal.

The "Ancient Inquisition," as that first established in Spain is generally called, had many of the features of the "modern" which dates from the reign of Ferdinand and Isabella, and which will presently be described at some length. Its proceedings were shrouded in the same impenetrable secrecy, it used the same insidious modes of accusation, supported them by similar tortures, and punished them with similar penalties. A manual drawn up in the fourteenth century for the guidance of judges of the Holy Office prescribes the familiar forms of artful interrogation employed to catch the unwary, and sometimes innocent victim. The ancient Inquisition worked on principles less repugnant to justice than the better known, but equally cruel modern institution, but was less extensive in its operations because in the earlier days there were fewer heretics to persecute.

The ancient Inquisition was so unsparing in its actions that it almost extirpated the Albigensian heresy. The punishments it inflicted were even more severe than in the modern. Upon such as escaped the stake and were "reconciled," as it was styled, a terrible "penance" was imposed. One is cited by Llorente[2] as laid down in the ordinances of St. Dominic. The penitent, it was commanded, should be stripped of his clothes and beaten by a priest three Sundays in succession from the gate of the city to the door of the church; he must not eat any kind of meat during his whole life; must abstain from fish, oil and wine three days in the week during life, except in case of sickness or excessive labour; must wear a religious dress with a small cross embroidered on each breast; must attend mass every day, if he has the means of doing so, and vespers on Sundays and festivals; must recite the service for the day and night and repeat the paternoster seven times in the day, ten times in the evening, and twenty times at midnight. If he failed in any of these requirements, he was to be burned as a "relapsed heretic."

Chief among the causes that produced the new or "modern" Inquisition was the envy and hatred of the Jews in Spain. Fresh material was supplied by the unfortunate race of Israel, long established in the country, and greatly prosperous. They had come in great numbers after the Saracenic invasion, which indeed they are said to have facilitated, and were accepted by some of the Moorish rulers on nearly equal terms, and were treated with a tolerance seldom seen among Mahometans, though occasional outbursts of fanaticism rendered their position not quite secure. Under these generally favourable auspices the Jews developed in numbers and importance. Their remarkable instinct for money making and their unstinting diligence brought them great wealth. Their love of letters and high intelligence gave them preËminence in the schools of the Moorish cities of Cordova, Toledo and Granada, where they helped to keep the flame of learning bright and shining through the darkest ages. They became noted mathematicians, learned astronomers, devoted labourers in the fields of practical and experimental science. Their shrewdness in public affairs and their financial abilities commended them to the service of the state, and many rose to the highest civic dignities at both Christian and Moorish courts. Often, despite prohibitory laws, they collected the revenues and supervised the treasuries of the kingdoms of Castile and Aragon, while in private life they had nearly unlimited control of commerce and owned most of the capital in use.

After the Christian conquest, their success drew down upon them the envy and hatred of their less flourishing fellow subjects, who resented also that profuse ostentation of apparel and equipage to which the Jewish character has always inclined. Their widespread practice of usury was a still more fruitful cause for detestation. Often large sums were loaned, for which exorbitant rates of interest were charged, owing to the scarcity of specie and the great risk of loss inherent to the business. As much as twenty, thirty-three, and even forty per cent. per annum was exacted and paid. The general animosity was such that a fanatical populace, smarting under a sense of wrong, and urged on by a no less fanatical clergy broke out at times into violence, and fiercely attacked the Jews in the principal cities. The JuderÍas, or Jewish quarters, were sacked, the houses robbed of their valuable contents, precious collections, jewels and furniture were scattered abroad, and the wretched proprietors were massacred wholesale, irrespective of sex and age. According to the historian, Mariana, fifty thousand Jews were sacrificed to the popular fury in one year, 1391, alone.

This was the turning point in Spanish history. Fanaticism once aroused, did not die until all Jews were driven out of Spain. It brought into being another class also, the Conversos, or "New Christians," i. e. Jews who accepted Christian baptism, though generally without any spiritual change. At heart and in habits they remained Jews.

The law was invoked, too, to aggravate their condition. Legislative enactments of a cruel and oppressive kind were passed. Jews were forbidden to mix freely with Christians, their residence restricted to certain limited quarters, they were subject to irksome, sumptuary regulations, debarred from all display in dress, forbidden to carry valuable ornaments or wear expensive clothes, and they were held up to public scorn by being compelled to appear in a distinctive, unbecoming garb, the badge or emblem of their social inferiority. They were also interdicted from following certain professions and callings. They might not study or practise medicine, might not be apothecaries, nurses, vintners, grocers or tavern keepers, were forbidden to act as stewards to the nobility or as farmers or collectors of the public revenues, although judging from repeated re-enactments, these laws were evidently not strictly enforced, and often in some districts were not enforced at all.

Fresh fuel was added to the fiery passions vented on the Jews by the unceasing denunciation of their heresy and dangerous irreligion, and public feeling was further inflamed by grossly exaggerated stories of their hideous and unchristian malpractices. The curate of Los Palacios has detailed some of these in his "Chronicle," and they will serve, when quoted, to show what charges were brought against the Jew in his time. "This accursed race (the Israelites)," he says, speaking of the proceedings taken to bring about their conversion, "were either unwilling to bring their children to be baptised, or if they did, they washed away the stain on the way home. They dressed their stews and other dishes with oil instead of lard, abstained from pork, kept the passover, ate meat in Lent, and sent oil to replenish the lamps of their synagogues, with many other abominable ceremonies of their religion. They entertained no respect for monastic life, and frequently profaned the sanctity of religious houses by the violation or seduction of their inmates. They were an exceedingly politic and ambitious people, engrossing the most lucrative municipal offices, and preferring to gain their livelihood by traffic, in which they made exorbitant gains, rather than by manual labour or mechanical arts. They considered themselves in the hands of the Egyptians whom it was a merit to deceive and rob. By their wicked contrivances they amassed great wealth, and thus were able often to ally themselves by marriage with noble Christian families."

The outcry against the Jews steadily increased in volume. The clergy were the loudest in their protests against the alleged abominations, and one Dominican priest, Alonso de Hojeda, prior of the monastery of San Pablo in Seville, with another priest, Diego de Merlo, vigorously denounced the "Jewish leprosy" so alarmingly on the increase and besought the Catholic sovereigns to revive the Holy Office with extended powers as the only effective means of healing it. The appeal was strongly supported by the papal nuncio at the Court of Castile. Ferdinand and Isabella, as devout Catholics, deplored the prevalence of heresy, which they acknowledged to be rampant, and yet they hesitated to surrender any of their independence. No other state in Europe was so free from papal control or interference. Some of the Conversos held high places about the court and they, of course, used every effort to strengthen the reluctance of the queen, particularly. On the other hand, the Dominican monk, Thomas de Torquemada, her confessor in her youth, strove to instil the same spirit of unyielding fanaticism that possessed himself, and earnestly entreated her to devote herself to the "extirpation of heresy for the glory of God and the glorification of the Catholic faith." She long resisted but yielded at last to the unceasing importunities of the priests around her, and consented to solicit a bull from the pope, Sixtus IV, to introduce the Modern Inquisition into Castile. It was issued, under the date of November 1st, 1478, and authorised the appointment of two or three ecclesiastical inquisitors for the detection and suppression of heresy throughout Spain.

One difference from the usual form establishing such tribunals was the location of the power of appointment of inquisitors, which was vested in the king and queen instead of in Provincials of the Dominican or Franciscan Orders. Heretofore the appointment of inquisitors had been considered a delegation of the authority of the Holy See, something entirely independent of the secular power. But so jealous of outside interference were the Spanish rulers and the Spanish people, that the pope was forced to give way. Though he and his successors vainly strove to recover the power thus granted, they were never entirely successful, and the Spanish Inquisition remained to a large extent a state affair, and this fact explains much which otherwise is inexplicable. For example the confiscations passed into the royal instead of into the papal treasury.

At first mild measures were to be tried. Cardinal Mendoza, Archbishop of Seville, had drawn up a catechism instructing his clergy to spare no pains in illuminating the benighted Israelites by a candid exposition of the true principles of Christianity. Progress was slow, and after two years the results were so meagre that it was thought necessary to proceed to the nomination of inquisitors, and two Dominican monks, Fra Miguel de Morillo, and Juan de San Martin, were appointed with full powers, assisted by an assessor and a procurator fiscal.

The Jews played into the hands of their tormentors. Great numbers had been terrified into apostasy by the unrelenting hostility of the people. Their only escape from the furious attacks made upon them had been conversion to Christianity, often quite feigned and unreal. The proselytising priests, however, claimed to have done wonders; one, St. Vincent Ferrer, a Dominican of Valencia, had by means of his eloquence and the miraculous power vouchsafed him, "changed the hearts of no less than thirty-five thousand of house of Judah." These numerous converts were of course unlikely to be very tenacious in their profession of the new faith, and not strangely laid themselves open to constant suspicion. Many were denounced and charged with backsliding, many more boldly reverted to Judaism, or secretly performed their old rites. Now uncompromising war was to be waged against the backsliding "new Christians" or Conversos.

The inquisitors installed themselves in Seville, and made the Dominican convent of San Pablo their first headquarters, but this soon proved quite insufficient in size and they were allowed to occupy the fortress of the Triana, the great fortress of Seville, on the right bank of the Guadalquivir, the immense size and gloomy dungeons of which were especially suitable. This part of the city was much exposed to inundations, and when, in 1626, it was threatened with destruction by an unusually high flood, the seat of the tribunal was removed to the palace of the Caballeros Tellos Taveros in the parish of San Marco. In 1639 it returned to the Triana which had been repaired, and remained there till 1789, when further encroachments of the river caused it to be finally transferred to the College of Las Beccas. The Triana is now a low suburb, inhabited principally by gipsies and the lower classes. It was at one time the potters' quarter where the famous azulejo tiles were made, and its factories to-day produce the well known majolica vases and plates with surface of metallic lustre.

One of the first steps of the Inquisition was to put a summary check to the exodus of the Jews who had been fast deserting the country. All the magnates of Castile, dukes, counts, hidalgos and persons in authority, were commanded to arrest all fugitives, to sequestrate their property and send them prisoners to Seville. Any who disobeyed or failed to execute this order were to be excommunicated as abettors of heresy, to be deposed from their dignities and deprived of their estates. Such orders were strange to the ears of the turbulent nobles who had been accustomed to pay little heed to pope or king. A new force had arisen in the land.

On the Castle of the Triana,[3] already described, a tablet was erected over the portals with an inscription, celebrating the inauguration of the first "modern Inquisition" in Western Europe. The concluding words were:—"God grant that for the protection and augmentation of the faith it may abide unto the end of time. Arise oh Lord, judge Thy cause! Catch yet the foxes (heretics)!"

Just now, by an ill-advised move, the Conversos lost the sympathy of all. Diego de Susan, one of the richest citizens of Seville, called a meeting of the "New Christians" in the church of San Salvador. It was attended by many high officials, and even ecclesiastics of Jewish blood. Susan suggested that they collect a store of arms, and that at the first arrest, they rise and slay the inquisitors. The plan was adopted but was betrayed by a daughter of Susan, who had a Christian lover. The plotters were arrested at once, and on February sixth, 1481, six men and women were burned and others were severely punished.

The hunt was cunningly organised. An "Edict of Grace" was published promising pardon to all backsliders if they would come voluntarily and confess their sins. Many sought indulgence and were plied with questions by the inquisitors to extract evidence against others. On the information thus obtained the suspected were marked down, seized and carried off to the prisons. Any adherence to Jewish customs gave opportunity for denunciation, and the severe measures rapidly reduced the numbers of the backsliding Jewish-Christians. In Seville alone, according to Llorente, two hundred and ninety-eight persons were burnt in less than a year, and seventy-nine were condemned to perpetual imprisonment. Great sums ought to have passed into the treasury, then and afterwards, from the confiscated property of rich people who perished at the stake or were subjected to fine and forfeiture. But the great engine of the Inquisition was excessively costly. The pageants at the frequent autos da fÉ were lavishly expensive, a great staff of officials, experts, familiars and guards was maintained, and, in addition, the outlay on the place of execution, the "quemadero" or burning place, a great pavement on a raised platform adorned with fine pillars and statues of the prophets, was very considerable, while the yearly bill for fuel, for faggots and brush wood rose to a high figure. Undoubtedly there was considerable embezzlement also.

There was evidently too much work for two men, so in February, 1482, seven additional inquisitors were commissioned by the pope on the nomination of the sovereigns, and some of these were exceedingly zealous. There was, however, much confusion because of the lack of a unifying authority. The sovereigns were determined that the institution must be kept under the control of the state, and so a council of administration usually called la Suprema was added to those already existing, and was charged with jurisdiction over all measures concerning the faith. At the head was placed a new officer, later called the inquisitor-general. The inquisitor-general was hardly a subject. He had direct access to the sovereign and exercised absolute and unlimited power over the whole population and was superior to all human law. No rank, high or low escaped his jurisdiction. Royal personages were not exempt from his control, for the Holy Office invaded the prince's palace as well as the pauper's hovel. There was no sanctity in the grave, for corpses of heretics were ruthlessly disinterred, mutilated and burned.

The first inquisitor-general under the new organisation was Thomas de Torquemada, who has won for himself dreadful immortality from the signal part he played in the great tragedy of the Inquisition. He was a Dominican monk, a native of old Castile, who had been confessor and keeper of the Queen's conscience to Isabella in her early days and constantly sought to instil his fiery spirit into her youthful mind. "This man," says Prescott, "who concealed more pride under his monastic weeds than might have furnished forth a convent of his order, was one of that class with whom zeal passes for religion and who testify their zeal by a fiery persecution of those whose creed differs from their own; who compensate for their abstinence from sensual indulgence by giving scope to those deadlier vices of the heart, pride, bigotry and intolerance which are no less opposed to virtue and are far more extensively mischievous to society." The cruelties which he perpetrated grew out of a pitiless fanaticism, more cruel than the grave. He was rigid and unbending and knew no compromise. Absolutely fearless, he directed his terrible engine against the suspect no matter how high-born or influential.

Torquemada was appointed in 1483 and was authorised from Rome to frame a new constitution for the Holy Office. He had been empowered to create permanent provincial tribunals under chief inquisitors which sat at Toledo, Valladolid, Madrid and other important cities, and his first act was to summon some of these to Seville to assist him in drawing up rules for the governance of the great and terrible engine that was to terrorise all Spain for centuries to come. The principles of action, the methods of procedure, the steps taken to hunt up victims and bring them under the jurisdiction of the court, secure conviction and enforce penalties, are all set out at length in the record of the times. "A bloody page of history," says the historian, "attests the fact that fanaticism armed with power is the sorest evil that can befall a nation." For generations the Spanish people, first the Jews, then the Moriscos, lastly the whole native born community lay helpless in the grip of this irresponsible despotism. Few, once accused, escaped without censure of some sort. Llorente declares with his usual exaggeration that out of a couple of thousand cases, hardly one ended in acquittal and the saying became proverbial that people if not actually roasted by the Inquisition were at least singed.

In order to appreciate fully the harshness of the Spanish Inquisition and the cruelties perpetrated for several centuries, under the guise of religion, we must trace the steps taken by the Holy Office, its guiding principles and its methods of procedure.

The great aim at the outset was to hunt up heretics and encourage the denunciation of presumed offenders. Good Catholics were commanded by edicts published from the pulpits of all churches to give information against every person they knew or suspected of being guilty of heresy, and priests were ordered to withhold absolution from any one who hesitated to speak, even when the suspected person was a near relation, parent, child, husband or wife. All accusations whether signed or anonymous were accepted, but the names of witnesses were also required. On this sometimes meagre inculpation victims might be at once arrested, though in some cases, censors must first pass upon the evidence. Often not a whisper of trouble reached the accused until the blow actually fell.

Kept thus in solitary imprisonment, cut off entirely from his friends outside, denied the sympathy or support he might derive from their visits or communications, he was left to brood despairingly, a prey to agonised doubts, in ignorance even of the charges brought against him. A few brief extracts from the depositions of witnesses might be read to him, but the statements were so garbled that he could get no clue to names or identities. If there were any facts favourable to him in the testimony they were withheld from him. If he could, however, name as mortal enemies some of the witnesses, their testimony was much weakened. Facts of time, place and circumstance in the charges preferred were withheld from him and he was so confused and embarrassed that unless a man of acuteness and presence of mind he might become involved in inextricable contradictions when he attempted to explain himself.

On the other hand judges were guided and supported by the most minute instructions. "It is the high and peculiar privilege of the tribunal that its officers are not required to act with formality; they need observe no strict forensic rules and therefore the omission of what ordinary justice might exact does not invalidate its actions, provided only that nothing essential to the proof be wanting." The first essential of justice, as we understand it, was ignored. An accused person arraigned for heresy was expected to incriminate himself, to furnish all necessary particulars for conviction. Testimony could be received from persons of any class or character. "They might be excommunicate, infamous, actual accomplices, or previously convicted of any crime." The evidence of Jews and infidels might be taken also, even in a question of heretical doctrine. Wife, children, relatives, servants, might depose against a heretic. "A brother may declare against a brother and a son against a father." The witnesses met with no mercy. If any one did not say all he could, or seemed reluctant to speak, the examiners occasionally ruled that torture should be applied.


                                                                                                                                                                                                                                                                                                           

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