PRISONS AND PUNISHMENTS Prisons, usually, a part of the building occupied by court—Better than civil prisons—Torture inflicted—No new methods invented—Description of various kinds—Two Lutheran congregations broken up—Description of some famous autos da fÉ—Famous victims—Englishmen punished—Archbishop Carranza's trial. The prisons of the Inquisition fall under two great heads, the "secret prisons" in which those awaiting trial were confined, and the "penitential prisons" where sentences were served. Generally there were also cÁrceles de familiares where officers of the institution charged with wrong-doing were confined. In some tribunals there were others variously called cÁrceles medias, cÁrceles comunes, and cÁrceles pÚblicas, where offenders not charged with heresy might be confined. The secret prisons, however, have most fired the imagination. A man might disappear from his accustomed haunts, and for years his family and friends be ignorant of his condition, or even of his very existence, until one day he might appear at an auto da fÉ. What went on within the walls was a These prisons were almost invariably a part of the building occupied by the tribunal. In Valencia, it was the archbishop's palace; in Saragossa, the royal castle; in Seville, the Triana; in Cordova, the AlcÁzar, and so on. In some, there were cells and dungeons already prepared, in others, they were constructed. There was no common standard of convenience or sanitation. In many cases, generally, perhaps, they were superior to the common jails in which ordinary prisoners were confined. Yet we know that some were entirely dark and very damp. Others were so small that a cramped position was necessary, and were hardly ventilated at all. Sometimes they were poorly cared for, and loathsome filth and vermin made them unendurable. Many places were used for prisons during the three hundred years of the Inquisition, and no statement is broad enough to cover them all. The mortality was high, yet not so high as in the prisons generally. Since many were unsuitable and often unsafe, the wearing of fetters was common. Prisoners often, incidentally, speak of their chains. Occasionally more than one prisoner occupied the same room, and much evidence was secured in this way, as each hoped to lighten his own punishment by inculpating others. Writing materials were per Yet entire secrecy was not always secured. Attendants were sometimes bribed, and by various ingenious methods, communications occasionally found their way in or out. Again in cases of severe sickness, the prisoner might be transferred to a hospital, which however must account for him if he recovered. Cardinal Adrian, the inquisitor-general, reminded the tribunals that the prison was for detention, not for punishment, that prisoners must not be defrauded of their food, and that the cells must be carefully inspected. These and similar instructions issued at intervals were not always obeyed, for inquisitors were often negligent. According to Lea, "no general judgment can be formed as to the condition of so many prisons during three centuries, except that their average standard was considerably higher than that in other jurisdictions, and that, if there were abodes of horror, such as have been described by imaginative writers they were wholly exceptional." We may briefly recapitulate the various processes of the Inquisition in order, as they obtained. First came the denunciation, followed by seizure and the commencement of an inquiry. The several offences imputed were next submitted to those logical experts named "qualifiers" who decided, so to speak, "whether there was a true bill," in which case the procurator fiscal committed the accused to durance. Three audiences were given him, and the time was fully taken up with cautions and monitions. The charges were next formulated but with much prolixity and reduplication. They were not reduced to writing and delivered to the accused for slow perusal and reply, but were only read over to him, hurriedly. On arraignment he was called upon to reply, then and there, to each article, to state at once whether it was true or false. The charges were usually originated by an informer and resort was had, if necessary, to "inquiry," the hunting up of suspicious or damaging facts on which evidence was sought, in any quarter and from any one good or bad. If the accused persisted in denial he was allowed counsel, but later the counsel became an official of the Inquisition and naturally made only a perfunctory defence. An appeal to torture was had if the prisoner persisted in denying his guilt, in the face of plausible testimony, or if he confessed only partially to the charges against him, or if he refused to name his accomplices. A witness who had retracted his testimony or had contradicted himself, It was admitted, however, that torture was by no means an infallible method for bringing out the truth. "Weak-hearted men, impatient of the first pain, will confess crimes they never committed and criminate others at the same time. Bold and strong ones will bear the most severe torments. Those who have been already on the rack are likely to bear it with greater courage, for they know how to adapt their limbs to it and can resist more powerfully." It may be admitted that the system was so far humane that the torture was not applied until every other effort had been tried and had failed. The instruments of torture were first exhibited with threats, but when once in use, it might be repeated day after day, "in continuation," as it was called, and if any "irregularity" occurred, such as the death of a victim, the inquisitors were empowered to absolve one another. Nobles were supposedly exempted from torture, and it was not permissible by the civil laws in Aragon, but the Holy Office was nevertheless authorised to torture without restriction all persons of all classes. Torture was not inflicted as a punishment by the Inquisition, nor was it peculiar to its trials. Until a comparatively recent date it was a recognised method of securing testimony, accepted in nearly all courts of Europe as a matter of course. The Inquisition seems to have invented no new methods, and Some sorts were abandoned because of the danger of permanent harm, and others less violent, but probably no less painful, were substituted. Often the record states that the prisoner "overcame the torture," i. e. was not moved to confess. Evidently, though the whole idea is abhorrent to us to-day, torture as inflicted was less awful than some writers would have us believe. A curious memento of the methods employed by the Holy Office has been preserved in an ancient "Manual of the Inquisition of Seville," a thin quarto volume bound in vellum, with pages partly printed, partly in manuscript. It bears the date 1628, and purports to be compiled from ancient and modern instructions for the order of procedure. It was found in the Palace of the Inquisition at Seville, when it was sacked in the year 1820. One part of this manual details the steps to be taken, "when Here follows in manuscript the description of the torments applied to one unfortunate female whose name is not given. "On this she was ordered to be taken to the chamber of Torment whither went the Lords Inquisitors, and when they were there she was admonished to tell the truth and not to let herself be brought into such great trouble. "Her answer is not recorded. "Carlos Felipe, the executor of Justice, was called and his oath taken that he would do his business well and faithfully and that he would keep the secret. All of which he promised. "She was told to tell the truth or orders would "She was told to tell the truth or orders would be given to cut off her hair. It was taken off and she was examined by the doctor and surgeon who certified that there was no reason why she should not be put to the torture. "She was commanded to mount the rack and to tell the truth or her body should be bound; and she was bound. She was commanded to tell the truth, or they would order her right foot to be made fast to the trampazo." After the trampazo of the right foot that of the left followed. Then came the binding and stretching of the right arm, then that of the left. After that the garrote or the compression of the fleshy parts of the arms and thighs with fine cords, a plan used to revive any person who had fainted under the torture. Last of all the mancuerda was inflicted, a simultaneous tension of all the cords on all the limbs and parts. The water torture was used to extort confession. The patient was tightly bound to the potro, or ladder, the rungs of which were sharp-edged. The head was immovably fastened lower than the body, and the mouth was held open by an iron prong. A strip of linen slowly conducted water into the mouth, If these persuasions still failed of effect, or if the hour was late, or "for other considerations" the torment might be suspended with the explanation that it had been insufficiently tried and the victim was taken back to his prison to be brought out again after a respite. If, on the other hand, a confession was secured, it was written down word for word and submitted to the victim for ratification after at least twenty-four hours had elapsed. If he revoked the confession, he might be tortured again. When a number of cases had been decided, the Suprema appointed a day, usually a Sunday or a feast day, for pronouncing sentence. This was an auto da fÉ, literally an "act of faith." The greater festivals, Easter day, Christmas day, or Sundays in Advent or Lent were excepted because these holy days had their own special musical or dramatic entertainments in the churches. The day fixed was announced from all the pulpits in the city (Seville or Madrid or Cordova as the case might be) and notice given that a representative of the Inquisition would deliver a "sermon of the faith" and that no other preacher might raise his voice. The civil authorities were warned to be ready to receive their victims. At the same time officials unfurled a banner and On the eve of the great day a gorgeous procession was organised, for which all the communities of friars in the city and neighbourhood assembled at the Holy House of the Inquisition, together with the commissaries and familiars of the Holy Office. They sallied forth in triumphal array, followed by the "qualifiers" and experts, all carrying large white tapers, lighted. In their midst a bier was borne covered with a black pall, and, bringing up the rear, was a band, instrumental and vocal, performing hymns. In this order the procession reached the public square, when the pall was removed from the bier and a green cross disclosed which was carried to the altar on the platform, and there erected surrounded by a dozen candles. The white cross was carried to the burning place. Now a strong body of horse and a number of Dominican friars took post to watch through the night and the rest of the actors dispersed. At the same time those After the sermon, the secretary read to all the people the oath pledging them to support the Inquisition. Then sentences were pronounced, beginning with the lesser offenders and proceeding to the graver. The punishments ranged from a reprimand, through abjuration, fines, exile, for a longer or shorter period, destruction of residence, penance, scourging, the galleys, imprisonment, wearing the sanbenito or penitential garment, up to "relaxation to the secular arm;" i. e. death by fire. These penalties carried with them civil disability, and tainted the blood of the descendants of the condemned as well. Penance might be inflicted in various forms. The condemned, perhaps, might be required to fast one day in every week, to recite a specified number of prayers on appointed days, or to appear at the church door with a halter around his neck on successive Sundays. When scourging was inflicted, the penitent, naked to the waist, was placed astride an ass, and paraded through the principal streets preceded by the town crier. Meanwhile the executioner, accompanied by a clerk to keep tally, plied the penca or leather strap, but was charged most solemnly not to draw blood. Usually two hundred lashes was the limit. Theoretically a heretic who escaped the stake by confession was sentenced to perpetual imprisonment. The trial and sentence of the bodies of the dead was common, but it was not peculiar to the Inquisition. As late as 1600, in Scotland, the bodies of the Earl of Gowrie and his brother were brought into court, and sentenced to be hanged, quartered and gibbeted. Logan of Restalrig, in 1609, three years after his death, was tried on the charge of being concerned in the same conspiracy, was found guilty and his property was confiscated. In recounting the punishments imposed by the Inquisition, we must not forget that it assumed jurisdiction over many crimes which to-day are tried by the civil courts. Bigamy was punished as, by a second marriage, the criminal denied the authority of the Church which makes marriage a sacrament. Certain forms of blasphemy also were brought before it, and perjury as well. Personation of the priesthood, or of officials of the Inquisition, was punished, and later it gained jurisdiction over unnatural crimes. Sorcery and witchcraft, which in other states, including the American colonies, were considered subjects for the secular courts, were within the jurisdiction of the Spanish Inquisition. Strange as it may appear at first thought, the attitude of the Inquisition toward the witchcraft delusion was one of skepticism almost from the beginning. Individual inquisitors, influenced by the well nigh universal belief, were occasionally active, but the Suprema moderated their zeal. In 1610 an auto was held at LogroÑo, which was the centre of wild excitement. Twenty-nine witches were punished, six of whom were burned, and the bones of five others who had died in prison were also consumed. The eighteen remaining were "reconciled." In 1614, however, the Suprema drew up an elaborate code of instructions to the tribunals. While not denying the existence of witchcraft, these instructions treated it as a delusion and practically made proof impossible. As a result of this policy the victims of the craze in Spain can be counted almost by the score, while in almost every other country of Europe, they are numbered by the thousand. In Great Britain the best estimate fixes the number of victims at thirty thousand, and as late as 1775 the great legal author, Sir William Blackstone, says that to deny "the actual existence of witchcraft and sorcery is at once flatly to contradict the revealed word of God." Heresy, of course, according to the views not only of Catholics but of Protestants, deserved death as a form of treason. Tolerance is a modern idea. Calvin burned Servetus at Geneva and was ap Protestant doctrines were introduced into Spain either by foreigners or by natives who travelled or studied in foreign lands, but made slow headway. In 1557 a secret organisation, comprising about one hundred and twenty members, was discovered in Seville. The next year another little band of about sixty was found in Valladolid. The almost simultaneous exposure of these two heretical organisations, both of which included some prominent people, created great commotion. Charles V, then living at San Yuste, whither he had retired after his abdication, wrote to his daughter Juana, who was acting as regent in the absence of Philip II, urging the most stringent measures and advocating that the heretics be pursued mercilessly. Little stimulation of the Inquisition was necessary, and the two little congregations were destroyed. A part of those condemned at Valladolid were sentenced at a great auto da fÉ held on Trinity Sunday, May 21st, 1559, in Valladolid, not before Philip II, who was abroad, but his sister, Princess The sixteen who survived the horrors of the day were haled back to the prison of the Inquisition to Philip II was present at the second great auto in Valladolid in October of the same year, when the remainder of the Protestants were sentenced. His wife, Queen Mary of England, was dead, and he returned to Spain by way of the Netherlands, embarking at Flushing for Laredo. Rough weather and bad seamanship all but wrecked his fleet in sight of port, and Philip vowed if he were permitted to set foot on shore, to prosecute the heretics of Spain unceasingly. He was saved from drowning and went at once to Valladolid to carry out his vow. The ceremony was organised with unprecedented pomp and splendour. The king came in state, rejoicing that several notable heretics had been reserved to die in torments, for his especial delectation. His heir, Don Carlos, Prince of Asturias, was The victims at this great auto da fÉ were many and illustrious. One was Don Carlos de Seso, an Italian of noble family, the son of a bishop, a scholar who had long been in the service of the Emperor Charles V, and was chief magistrate of Toro. He had married a Spanish lady and resided at LogroÑo, where he became an object of suspicion as a professor of Lutheranism, and was arrested. They took him to the prison of Valladolid, where he was charged, tortured and condemned to die. When called upon to make confession, he wrote two full sheets denouncing the Catholic teaching, claiming that it was at variance with the true faith of the gospel. The priests argued with him in vain, and he was brought into church next morning, gagged, and so taken to the burning place, "lest he should speak heresy in the hearing of the peo Much grief was felt by the Dominicans at the lapse of one of their order, Fray Domingo de Rojas, who was undoubtedly a Lutheran. On his way to the stake he strove to appeal to the king who drove him away and ordered him to be gagged. More than a hundred monks of his order followed him close entreating him to recant, but he persisted in a determined although inarticulate refusal until in sight of the flames. He then recanted and was strangled before being burned. One Juan Sanchez, a native of Valladolid, had fled to Flanders, but was pursued, captured and brought back to Spain to die on this day. When the cords which had bound him snapped in the fire, he bounded into the air with his agony but still repelled the priests and called for more fire. Nine more were burned in the presence of the king, who was no merely passive spectator, but visited the various stakes and ordered his personal guard to assist in piling up the fuel. The congregation at Seville were sentenced at autos held in 1559 and 1560. On December 22d of the latter year, there were fourteen burned in the flesh and three in effigy. The last were notable people. One was Doctor Egidio, who had been a leading canon of Seville Cathedral, and who had been tried and forced to recant his heresies in 1552. Chief among the living victims was Julian Hernandez, commonly called el Chico, "the little," from his diminutive stature. Yet his heart was of the largest and his courage extraordinary. He was a A citizen of London, one Nicholas Burton, was a shipmaster who traded to Cadiz in his own vessel. He was arrested on the information of a "familiar" of the Inquisition, charged with having spoken in slighting terms of the religion of the country. No reason was given him, and when he protested indignantly, he was thrown into the common gaol and detained there for a fortnight, during which he was moved to administer comfort and preach the gospel to his fellow-prisoners. This gave a handle to his persecutors and he was removed on a further charge of heresy to Seville, where he was imprisoned, heavily ironed in the secret gaol of the Inquisition in the Triana. At the end he was condemned as a The story does not end here. Another Englishman, John Frampton, an attorney of Bristol, was sent to Cadiz by a part-owner to demand restoration of the ship. He became involved in a tedious law suit and was at last obliged to return to England for enlarged powers. Bye and bye he went out a second time to Spain, and on landing at Cadiz was seized by the servants of the Inquisition and carried to Seville. He travelled on mule back "tied by a chain that came three times under its belly and the end whereof was fastened in an iron padlock made fast to the saddle bow." Two armed familiars rode beside him, and thus escorted and secured, he was conveyed to the old prison and lodged in a noisome dungeon. The usual interrogatories were put to him and it was proved to the satisfaction of the Holy Office that he was an English heretic. The same evidence sufficed to place him on the rack, and after fourteen months, he was taken to be present as a penitent at the same auto da fÉ which saw Burton, the ship's captain, done to death. Frampton went back to prison for another year and was forbidden to leave Spain. He managed to escape and returned to England to make full revelation of his wrongs, Other Englishmen fell from time to time into the hands of the Inquisition. Hakluyt preserved the simple narratives of two English sailors, who were brought by their Spanish captors from the Indies as a sacrifice to the "Holy House" of Seville, though the authenticity of the statement has been attacked. One, a happy-go-lucky fellow, Miles Phillips, who had been too well acquainted in Mexico with the dungeons of the Inquisition, slipped over the ship's side at San Lucar, near Cadiz, made his way to shore, and boldly went to Seville, where he lived a hidden life as a silk-weaver, until he found his chance to steal away and board a Devon merchantman. The other, Job Hortop, added to his two years of Mexican imprisonment, two more years in Seville. Then "they brought us out in procession," as he tells us, "every one of us having a candle in his hand and the coat with S. Andrew's cross on our backs; they brought us up on an high scaffold, that was set up in the place of S. Francis, which is in the chief street in Seville; there they set us down upon benches, every one in his degree and against us on another scaffold sate all the Judges and the Clergy on their benches. The people wondered and gazed on us, some pitying our case, others said, 'Burn those heretics.' When we had sat there two hours, we had a sermon made to us, after which one called Bresina, secretary to the In "Then, I, Job Hortop and John Bone, were called and brought to the same place, as the others and likewise heard our sentence, which was, that we should go to the galleys there to row at the oar's end ten years and then to be brought back to the Inquisition House, to have the coat with St. Andrew's cross put on our backs and from thence to go to the everlasting prison remediless. "I, with the rest were sent to the Galleys, where we were chained four and four together.... Hunger, thirst, cold and stripes we lacked none, till our several times expired; and after the time of twelve years, for I served two years above my sentence, I was sent back to the Inquisition House in Seville and there having put on the above mentioned coat with St. Andrew's cross, I was sent to the everlasting prison remediless, where I wore the coat four years and then, upon great suit, I had it taken off for fifty duckets, which Hernandez de Soria, treasurer of the king's mint, lent me, whom I was to serve for it as a drudge seven years." This victim, too, escaped in a fly-boat at last and reached England. The records of the Inquisition of this period contain the name of an eminent Spanish ecclesiastic who offended the Holy Office and felt the weight of its arm. This was Bartolome de Carranza, Archbishop of Toledo, Primate of Spain, a Dominican,—whose rise had been rapid and who was charged with leanings toward Lutheranism. In early life he had passed through the hands of the Inquisition and was censured for expressing approval of the writings of Erasmus, but no other action was taken. His profound theological knowledge indeed commended him to the Councils of the Church, for which he often acted as examiner of suspected books. Carranza's connection with English history is interesting. At the time of Queen Mary's marriage with Philip II, he came to London to arrange, in conjunction with Cardinal Pole, for the reconciliation of England to Rome. He laboured incessantly to win over British Protestants, "preached continually, convinced and converted heretics without number, ... guided the Queen and Councils and assisted in framing rules for the governance of the English Universities." He was particularly anxious for the persecution of obstinate heretics, and was in a measure responsible for the burning of Thomas Cranmer, Archbishop of Canterbury. His zeal and his great merits marked him down as the natural successor to the archbishopric of Toledo, when it became vacant, and he was esteemed as a Yet when nearing the topmost pinnacle he was on the verge of falling to the lowest depths. He had many enemies. His stern views on Church discipline, enunciated before the Council of Trent, alienated many of the bishops, who planned his ruin and secretly watched his discourses and writings for symptoms of unsoundness. ValdÉs, the chief inquisitor, was a leading opponent and industriously collected a mass of evidence tending to inculpate Carranza. He had used "perilous language" when preaching in England, especially in the hearing of heretics, and one witness deposed that some of his sermons might have been delivered by Melancthon himself. He had affirmed that mercy might be shown to Lutherans who abjured their errors, and had frequently manifested scandalous indulgence to heretics. ValdÉs easily framed a case against Carranza, strong enough to back up an application to the pope to authorise the Inquisition to arrest and imprison the primate of Spain. Paul IV, the new pope, permitted the arrest. Great circumspection was shown in making it because of the prisoner's rank. Carranza was invited to come to Valladolid to have an interview with the king, and, with some misgivings, the archbishop set out. A considerable force of men was gathered together by the way— On reaching Valladolid the prisoner begged he might be lodged in the house of a friend. The Holy Office consented but hired the building. The trial presented many serious difficulties. Here was no ordinary prisoner; Carranza was widely popular, and the Supreme Council of the Kingdom was divided as to the evidences of his guilt. Nearly a hundred witnesses were examined, but proof was not easily to be secured. Besides, Carranza had appealed to the Supreme Pontiff. Year after year was spent in tiresome litigation and a fierce contest ensued between Rome and the Spanish court which backed up the Inquisition. At length, after eight years' confinement, the primate was sent to Cartagena to take ship for Rome, accompanied by several inquisitors and the Duke of Alva, that most notorious nobleman, the scourge and oppressor of the Netherlands. All landed at Civita Vecchia and the party proceeded to the Holy City, when Carranza was at once lodged in the Castle of St. Angelo, the well known State prison. He was detained there nine years, until released by Pope Gregory XIII. He was censured for his errors, and required to abjure the Lutheran principles found in his writings, and was relieved from his functions as archbishop, to which, however, his strength, impaired by age and suffering, was no longer equal. While visiting the Those who saw him in his last days record that he bore his trials with dignity and patience. But this learned priest who had been called to the highest rank of the ecclesiastical hierarchy, only to be himself assailed and thrown down, was the same who had sat in cruel judgment upon Thomas Cranmer and compassed his martyrdom. |