1907

COPYRIGHT,

and

Set
up

COMPANY

MACMILLAN

THE

BY

electrotypcd,

Published

January,

11)07

CONTENTS

BOOK

VI"

OF

VOL.

PRACTICE

CHAPTER

Ill

(CONTINUED).

VII"

-TORTURE.
PAGE

Use

General
The

exceptionally cruel
than

moderate
Preliminaries

Threat

to

the

Roman

1
2

Office

Holy

its Abuse

prevent

of Torture

justifying torture
of Witnesses

Torture

Torture

"

in

caput

alienum

11

admitted

exemptions

13

of Torture

Limitations
The

Courts

More

Conditions

No

in Secular

Inquisition not

Formal
The

of Torture

14

of Torture

Administration

16

of Torture

Varieties

18

Severity of Torture

22

of Administration

Record

24

Confession

under

Repetition

of Torture

28

Endurance

without

30

Frequency

of Use

Fees

of the

Torture

be

must

27

Confession

33

of Torture

35

Torturer

VIII"

CHAPTER

Gradual

ratified

Audience"

The

Charges

The

Accusation

Three

The

TRIAL.

36

of Procedure

development

The

THE

37

Monitions

39

Withheld

41

:
.

The

Advocate

for the

The

Curador

for Minors

Defence

"

His

42

Function

50
(v)

CONTENTS

vi

PAGK

The Patrones

Teologos

fil

Publication of Evidence
The

-Recusation

Defence"

f";"
of

Judges

f"("

Insanity

,r)"S

and

Tacha

Argument

Examination
The

(":"

for the Defence

Evidence
The

Abonos

Consulta

(" I

of tlioAdvocate

GO

of the Accused

70

de Fe

71

Delays

7r"

Prosecution of the Dead

SI

of the Absent

SO

BOOK

VII"

CHAPTER

The

Forms

two

"

PUNISHMENT.

Tmo

RENTTCNOK.

of Sentence

"):$

The

Culpritkept in Ignorance
Appeals

94

Modification

07

"f"

of Sentence

Severityor Benignity
Enforcement

09

of tho Sentence

1,01

Acquittal
Suspension

108

Admission

Ill

105

to Bail

Computation or Wager of Law

Used by the Inquisition
in Doubtful
Formula

|j;$
GUHOH

of Procedure

CHAPTER

1M

117

II

"

MINOR

PENALTIES.

Reprimand

121

Abjuration

12;*

Exile

120

Razing Houses

12H

Penances
Spiritual

131

Unusual

i;-j2

Penalties

CONTENTS

CHAPTER

III

HARSHER

"

The

vji

PENALTIES.

Scourge

135

Vergiicnza
The

138

Galleys

The

"

Presidio

139

Reconciliation
The

14(3

Prison

Perpetual

151

Commutations
The

160

Sanbenito
Its

'

162

display

in

Churches

164

Disabilities
Clerical

172

Offenders

180

CHAPTER

for

Burning

of

Responsibility
Conversion

or

the

"

Partial

Public

Law

after

of

STAKE.

Europe

183
184

Sentence

"

relaxation

entailing

Denial

the

THE

"

Church

the

before

Conditions

The

in

heresy

IV

Strangling

before

Pertinacity

"

198

the

"

Dogmatizer

Diminuto

199

Heresiarch

or

200

Relapse

202

of

Disappearance

relaxation

CHAPTER

the

of

Imprcssiveness

Auto
It

Particular

Auto

the

Replaces

Celebration
The

or

do

as

"

THE

Publico

AUTO

General

DE

FE.

209

Celebration

213

Autillo

220

General

Public,

Auto

spectacular

221
224

Churches

in
fe

208

Auto

and

Preparations
The

190
195

Negative

confession

Burning

Entertainment

227

CONTENTS

vifi

VIII"

BOOK

SPHERES

CHAPTER

ACTION.

OF

JEWS.

"

PAGE

Neglectof

Instruction

Slenderness

of Proof

of coerced

Converts

231

requiredfor Prosecution

232

Disappearanceof Judaism

Gradual
Influx of

Portuguese Judaizers
Treatment

Portugal
"

234

after the

of Jewish

Strugglein

Rome

the

Inquisition

Joao and the New

between

unrestricted

an

238

....

Christians

Inquisition

Tribunal

Organizationof the

259

but not in Brazil

261

PortugueseInquisition

Buchanan

and Damiao

262

de Goes

George
Increased activity
after the SpanishConquest
Cases of

The

General

The

Portuguese New

Active

Pardon

Discussions
Rebellion
Padre

to

as

XI

Innocent

265

....

267

Christians in

Spain

270

Portugal

273

Expulsion

275

Joao IV favors the New

of 1640"

Antonio

263

....

of 1604
in

Persecution

Vieira S. J.

appealsfor them

Christians
.

to Rome

orders Modifications of Procedure

Dread

Prejudicein Spain Olivares

of Jewish

Propaganda

Obsolescence

Restriction of

Case of

"

Persistent Persecution
Gradual

opposes

"

of

Lope

the

de Vera
.

Majorca

Recrudescence

of Persecution

300
303
305

after the War

of Succession
.

Extinction of Judaism in Spain

Exclusion of ForeignJews
Readmission

to

Toleration of the Mud6jares

and Ximenes

Risingof the Moors

Isabella

"

311

II

"

of 1869

315

MORISCOS.

of Granada
Capitulations

"

in Granada
Enforced

compelsConversion

308
311

Constitution

Spainunder

CHAPTER

Talavera

293
296

Observances

Emigrationor Expulsion

Catastropheof

284

Inquisition290

Portuguese

of Jewish

280

289

....

Unabated

239
253

Activity of the Inquisition

established in Goa

237
237

obtains

Joao

Portugal

Refugees

III resolves to introduce

Joao

Conquest of

317
319

Conversion

in Castile

"

Instruction

322

neglected

324

CONTENTS

Persecution of the

new

ix

Converts

328

Situation in Granada

331

OppressiveEdict

of

PhilipII

in 1567

334

Rebellion

of the Moriscos

They

deported and scattered"their Prosperity

are

333

339

...

The

under

Moors

the Crown

of

Aragon
Coercive Baptism by the Germania
Valencia
as to its Extent and Character
Investigation

342

........

346

"

Decision

Charles V

to enforce Adhesion

givesall Moors

348

to the Faith

351

the Alternative of Exile

or

Baptism
"

they submit
The

The

Concordia

of

352
1528

grants them

Exemption
Inquisition
the Agreement
Inquisition
disregards

from

the
357
358

Fines substituted for Confiscation

Activityof the

InquisitionCase
"

360
of Don

Cosme

Abenamir
.

362

Futile Efforts at Instruction and Conversion

365

Edicts of Grace"

371

their Failure

Intermittent Trials of Moderation

DeplorableCondition
Questionsas

373

of the Moriscos

"

Emigrationforbidden

^Baptism,

Meat
Marriage,
Slaughtering

375

380

Dangerous Discount of the Moriscos

the Coast
on
Ravages of Moorish^Corsairs

382

Powers for a Rising

foreign
the
Plans to avert
Danger Expulsionresolved on
Its execution in Valencia,September,1609
Expulsionfrom Granada and Andalusia in January, 1610
from Castile
simultaneously
from Aragon and Catalonia in May, 1610
Final rootingout of the Moriscos antiguos
Expulsiondelayedin Murcia until January, 1614

384

383

Plots with

388

"

....

Number

and

398

399
401
403
404

Exaggerationof

Freedom

of

of

Erasmus

Catholics

Foreigners

Native Protestants

Movement

in

Spain

.411
.

Speech"-Erasmus

in
Repression,

Enchiridion

409

III" PEOTESTANTISM.

the Protestant

Pre-Reformation
First Efforts of

406

the Confiscations

GHA.PTER

Protestant

Fate of the Exiles

Squanderingof

The

393

412
413

1521
"

Persecution

of Erasmists

"

of
414
421
423

CONTENTS

PAGE

Dr.

the Seville Protestants"

Egidio and

ganda
Propa-

the Protestant

424
The

of Valladolid

Protestants

General

"

Alarm

exploitedby
429

Valdes
The

de fe of

Autos

May 21, and October

8, 1559
of 1559, 1560, 1562,

in Seville" Autos

Prosecutions

437
1564

and
442

1565
Native

Dread

"

scatteringcases

448

suspectedProtestantism
Treaties with England,
Intercourse
real

for
Foreigners

of

Obstruction

of commercial

Holland

IV

the

Papal

power
Licences to

leads the

grantedin

472

Army

476

"

CENSORSHIP.

of the State

a Function
Censorshiporiginally

Revolt

480

to
Inquisition

it in 1521

assume

482
.

482

1539

printissued by the State

"

Books

by the

condemned

Inquisition
The

Index Dibrorum

Examination

Savage law
Use

483

Prohibitorum

or

of all Libraries and

of

PhilipII

484

Expurgandorum.

487

Book-shops

in 1558

488

of the Edict of Faith and of the Confessional

490

....

of Expurgation
Triviality
and the Holy See
Divergencebetween the Inquisition
Successive Indexes"
of Quiroga,Sandoval,Zapata, Sotomayor,
.

Vidal
"Practice of

Marin, Prado

y Cuesta and the Indice Ultimo

and Libraries" the Escorial

ExpurgatingBooks

Vigilant Supervision

457

462

and France

exceptin
Foreigners,
Heretics
of foreign

Lutheran

"

CHAPTER

The

or

of

Conversion

452

of native Protestants

Prosecution

Exclusion

foreignPropaganda

of

Ideas

and
Few

crushed

Protestantism

over

Book-shops and

Libraries

"

492

491

493
497

Estates

of the Dead

501

and internal Traffic

over
Supervision
Importations
and Culture
Impediments to Commerce
Precautions against
Smuggling Vistias de Navtos

504

....

508
510

"

....

Interference with Commerce

The Case of Bilbao
Become purely financial" Effort to revive them in 1819
Licences to read prohibited
Books
"

Penaltiesfor Disregardof the Censorship

Prohibitionof vernacular Bibles
Various Abuses of Censorship

.,

513
519

521
525
527
530

CONTENTS

xi

PAGE

Quarrel

with
its

It

turns

Rome

the

over

Regalistas

The
"

Inquisition

secures

Independence
the

against

533

Crown

Carlos

III

"

controls

its

Censorship

539
.

directed

Censorship
Censorship
Influence

of
of

Morals

and

Revolution

542

Art

545

Censorship

Statistics

APPENDIX

the

against

548

of

Offences

and

Penalties

551

"

DOCUMENTS

555

THE

INQUISITION

BOOK

VI.

OF

SPAIN.

(Continued).

CHAPTER

VII.

TORTURE

the

To

modern

mind

the

judicial use

of

torture, as

means

of

ascertaining truth, is so repellant and illogicalthat we

are
the
most
ancient
apt to forget that it has, from
times, been
With
practised by nearly all civilized nations.
the device
us
of the jury has relieved
the judge of the responsibility resting
him

upon

had

in other

be

to

doubtful

met;

systems

of

decision

had

and, where

jurisprudence.
be

to

evidence

That

reached,

responsibility
in the

even

defective

most

and

conflicting,
use
as
an
expedient to obtain a confession,or,
by its endurance, to indicate innocence, has seemed, until modern
times, after the disuse of compurgation and the judgements of
of relievingthe judicial conscience.
God, to be the only means
admitted
to be dangerous and
It was
fallacious,to be employed
only with circumspection,but there was nothing to take its place.1
of
be used
it should
That
matter
a
by the Inquisition was
for the crime
of heresy was
often one
peculiarlydifficult
course,
cases

of

the

thirteenth

the

of

torture

confession

to prove;

was

In

"Res

est

the

at

is true

Castile,which

X, notwithstanding

Alfonso

middle

employment

of

torture

quse

in

spreading
cent
obsoles-

of the

expense

loath
to
Spain was
rejected the Inquisition,

that

admiration

his

fragiliset periculosaet

the

efficient factor

the most

It

customs.

the innovation.

admit

XLVIII,

been

and, from

cases

habitual

the

throughout Christendom,

use

Barbarian

in all

sought

century,

by the Holy Office had

its

was

veritatem

of the

fallit."
"

Roman

L.

law,

1, " 23, Dig.

xviii.
VOL.

ni

TOETUKE

requiredthat

confession

[Boos:

VI

be

voluntary and insisted that,

if obtained
by torture,it must subsequentlybe freelyratified,
threats or pressure.1 In the kingdoms of Aragon,
without
admitted
the Inquisition,
and it
which
torture remained
illegal,
of Clement
V that it was
was
only by the positivecommands
employed, in 1311, on the Templars.2 By the time that the
was
organized,
however,torture in Castile was
Spanish Inquisition
in dailyuse by the criminal courts,and there could be no question
to the proprietyof its employment by the Holy Office. In
as
Aragon, Pena tells us that,althoughit was forbidden in secular
it was
freelypermittedin matters of faith. Yet
jurisprudence,
its use was
watched, for when the aid of torture was
jealously
iar,
sought in the case of a prisoneraccused of the murder of a familthe C6rtes of 1646
complained of it as an unprecedented
innovation,which was only preventedby the active intervention
of the diputadosand viceroy.3Valencia had been less rigidin
excludingtorture from its courts, but so limited its use that,
of unnatural
crime
in 1684, the tribunal reportedthat,in cases
subjectto the condition of trial by
(of which it had cognizance,
it no longerused torture,because the methods
secular process),
permittedby the fueros were so lightthat the accused felt no
useless in extracting
confession.4
fear of them, and they were
We

shall

see

that

must

tribunals abused
occasionally

the

use

of torture,

torturepopularimpressionthat the inquisitorial

of exceptional
refinement in cruelty,of
the scene
chamber
was
and of peculiar
ingeniousmodes of inflicting
specially
agony,
in extortingconfessions,
is an error due to sensational
persistence
evil in
writers who
have exploitedcredulity. The system was
at
conception and in execution,but the Spanish Inquisition,
not responsiblefor its introduction and, as a rule,
least,was
and
less cruel than
the secular courts in its application,
was

but

confined

the

In
to a few well-known methods.
strictly
less
that its use of torture was
reasonably assume
its scientific system of breakingdown resistance,
in

itself more

fact,we may
frequent,for

its long-drawnprocedure,
was

speedierpracticeof
1

more

effective than

the secular courts

where, as

the ruder
we

are

told

and

by

Partidas,P. m, Tit. xiii,

leyes4, 5.
See "History of the Inquisitionof tlie Middle Ages,"III,313, 315.
3
Bibl. nacional,
110 in Eymerici Director. P. m."
Pegnse Comment.
MBS.,
Mm., 122.
4 Archivo
hist, nacional,
de Valencia,Leg. 61.
Inquisicion
2

MORE

VII]

CHAP.

MODERATE

Archbishop Pedro
confessed

one

no

de

Castro

THAN

of

IN

ROME

Granada, it

except when

We

placed on

it

that all who

the

of

use

confessed

of

were

see

Spanish and
of the

in Rome

it

convicted in matters
this there

to

and
were

the

former.

the limitations

discoveryof the truth

addition

accomplices.In
in which

torture,while

or

tortured for the further

of

presentlyto

that

by torture.1

overcome

this respect, the comparison between

the
is also eminently in favor
Roman
Inquisition
occasion

notorious

was

In

shall have

which

the rule

was

of faith

were

the revelation

classes

many

employed by Rome to extort confession

and in which it was
forbidden in Spain those involving
phemy
presumption of heresy,such as solicitation,
sorcery, blasMoreover
in Rome
etc.
the in arbitrio judicum applied

cases

torture

was

"

mere

only

not

to the kind

and

duration

of the torture

but also to its

Spanish writers on practice,therefore,

repetition.3
were
fied
justiin claimingfor their own
tribunals a sparinguse of torture
in Italy,
the frequencywith
unknown
while,as regardsits severity,
which

in the trials we

would

indicate that

find that the accused

habituallyit

was

not

overcame

carried to

the torture

extremity,

in the secular courts.

No torture-chamber
was
frequently
of the corregidor
who
in the Inquisition
possessedthe resources
of
labored for three hours, in 1612, to obtain from Diego Duke

it so

as

confession

Estrada

of

homicide

the water

"

torture,the

man-

hot bricks for the stomach

cuerda,the potro,hot irons for the feet,
known
the trampa
as
and buttocks, garrotillos
bone-breakers,
this

legsand the bostezo

every-day matter
an

the

to tear
was

distend

to

of criminal

the mouth

and

"

all

justice.3

Granada, fol. 275 (Granada, 1638).

me). Decreta
Congr. Sti Officii,
p. 407 (MS. penes
Fondo
Sac. Congr. Sti Officii,
p. 569 (Bibl. del B,. Archivio di Stato in Roma,
li
Delitti
Ristretto
vol.
del
S.
cerca
3).
Officio,
pin frequenti
camerale,Congr.
Praxis procedendi, Cap. 18, n. 2,
nel S. Officio,
p. 18, 148 (MS. penes me).
3, 5 (Archive hist, nacional,Inquisicionde Valencia).
3
(Mem. hist, espafiol,
Vida de Don Diego Duque de Estrada
XIII, 55-60.
hundred
two
relates that,after the torture, he paid the executioner
Estrada
painful,
ducats to preserve him from being crippled. The
very
process was
with
ointment
of
limbs
and
an
the
of
rubbing
composed
stretching
consisting
melted
slow
and
over
a
frog,
equal parts of fat of man, snake,bear,lion,viper
fire with oil of sweet almonds, of pericon,camomile, rosado and balsam of the
eccles. de

Pedraza, Hist,

Collectio Decretor.

S.

"

"

"

The

East.
For

over

treatment

frightful

case

more

than

Bas Autrichiens,
pp.

was

successful.

vals
Antwerp, as late as 1792,extending at interles
La
Torture
dans
a
Paysyear, see Euglne Hubert,
1897),
124-9 (Bruxelles,
of torture

in

TOETURE

4:

indirect torture

for
the
but

VI

of

harsh imprisonment was

especially
unknown
and was
to the Inquisition,
occasionally
employed
the purpose of breaking down
obstinacy. It was not, as in
medieval Inquisition,
prescribedas an ordinary resource,

The
not

[BOOK

it

at

was

the discretion of the tribunal

and

could

at

any

broughtinto play,as in the case of a pertinacious

heretic,
1512,who was consignedto the most noisome part of the prison,

time be
in

and

afflictedin various

ways,

in

the

his
hope of enlightening
leisurely
action,protracted

understanding.1In the later periodof

resorted to,in the hope of inducing
imprisonmentwas frequently
repentance and conversion,when wearing anxiety and despair
the sharperagonies of the
the will as effectually
as
weakened
frequently
pulleyand rack. There was also the ingeniousdevice,
by which the fiscal concluded his formal accusation
effective,
with a demand
that,if necessary, the accused should be tortured
unknown
in the earlier period,
This was
until he confessed.
but

the Instructions of 1561 recommend

also that torture

and
good results,

prosecutorand

its
it,givingas a reason
requiresa demand from the
defendant,who is unprepared

notification to the

the univerfor it at this stage of the trial.2 After this it became

sal
in all cases
custom
admittingof torture,and the profound

impressionproduced on

the -unfortunate

prisonercan

be

readily

conceived.

however, was regardedas too serious to be left

itself,
to the arbitrary
and was
temper of a baffled or angry inquisitor,
preceded by formalities designedto prevent its abuse. It was
Torture

the last resort when

the result of

and
After the prosecution
assembled

de fe had
too weak
not

to await

trialleft doubts

defence

had

to consider the

for condemnation

it could
clear,

Even

the consulta

sentence,if the evidence

while the innocence

adopt a vote

the outcome.

closed,and

to be satisfied.

to torture and

of the accused

was
was

postpone the decision

in the

of the earlyperiod
ferocity
this deliberateness was
frequentlyobserved,althoughin the
reckless haste of procedureit was
often omitted.
Thus, in the
accused of having said twenty
of Diego Garcia,a priest
case
a boy, that the sacrament
was
years before,when
bread, the
held two
consulta
meetings, January 18 and 19, 1490, and
There was
voted torture.
haste however
and it was
no
finally

1
2

Archive

de

Instrucciones

Libro 939, fol. 121.

Simancas, Inquisition,
de 1561,? 21 (Arguello,
fol. 30)

CHAP.

not

PRELIMINARIES

VII]
until

February

moderate

llth

obtained

he

had

to

celebrate

Garcia

of about

water-torture
was

that

and

he

exposed to

was

quart of

water.

untied,with

was

the

been

the very
No
fession
con-

protest that
not repeated

sufficiently
tortured,but it was
and, on February 26th,he was
acquittedand restored to his
and honor, though, with the curiouslyperverse
fame
torial
inquisih
e
made
to abjure de vehementi and forbidden
logic, was
not

however

for six months.1

mass

The

of

vote

the

consulta

universal

and, in 1518, the Suprema ordered it

but a clause in the Instructions of 1561,
to be always observed,
reminding inquisitorsthat they must not inflict torture until
not

was

after

hearingthe

defence

their

arbitraryaction.2

shows

how

Even

in

difficult it

to restrain

was

the

earlyeighteenthcentury,
in reviewinga summary
of cases
of Valencia,
from 1705 to 1726,
the Suprema rebuked the tribunal for torturing
Sebastian Antonio
but at this periodthe
Rodriguez without previous consultation,
consulta de fe was
becoming obsolete and everythingwas
tering
cenin the Suprema.3
The vote of the consulta was
stillonly preliminary.After it,
the accused was
where all
brought into the audience-chamber,
and the episcopal
the inquisitors
Ordinary were
requiredto be
notified of the decision of the consulta;if he
present. He was
his confession had failed to
a diminutOjthe pointsin which
was
pointedout; if anegatiw, no explanasatisfythe evidence were
tions
were

necessary;

if it

was

it.

He

or

in

caput alienum

adjured,in the name

without false
of God
and the Blessed Virgin,to confess fully,
evidence as to himself or others and, if this failed to move
him,
sentence of torture was
a formal
signedby all the judgesand read
It recited that,in view of the suspicions
to him.
arising
against
him to be tortured for
him from the evidence,
they condemned
in order that he might
such lengthof time as they should see fit,
tell the truth of what had been testified againstMm, protesting

he

was

made

to

understand

intention

on

that,if in the torture

mutilation,it should
not
care

the
telling
was

Archive

taken

truth.

he should
not

die

or

suffer effusion of blood

be attributed to

If the torture

to make

was

no

was

them, but

to discover

allusion to him

and

to

to him

or

for

accomplices,
give him no

Toledo, Leg. 99, n. 25.

356."Boletin,XXIII, 335-7." Instructions

hist, national, Inquisitionde

de 1561,
Ibidem, Leg. 54, n.
" 50 (Arguello,fol. 34).
3 Arehivo
de Valencia,Leg. 3, n. 7, fol. 393.
hist, national,Inquisition
2

TORTURE

chance

of

himself,for
clearing

he

[BOOK
assumed

was

to be

VI

already

convicted.1
Even

this sentence

a
for,if the
necessarily
finality
accused offered a new
it had to be considered and acted
defence,
before proceedingfurther.2 Moreover he had theoretically
upon
from this,as from all
a rightto appeal to the inquisitor-general
This
other interlocutorysentences.
right varied at different
A rulingby the Suprema, in 1538, appears
to indicate
times.
that it was
granted as a matter of right,but the Instructions
of 1561 tell inquisitors
that, if they feel scruple,they should
they should
grant it,but if satisfied that the sentence is justified
Still the rightto
refuse the appealas frivolous and dilatory.3
ask it was
so fully
that,if the accused was not twentyrecognized
five years of age and thus a minor, his curador or guardianwas
requiredto be present,in order to interjectan appeal if he saw
fit,and I have met with an instance of this in the case of Angela

not

was

P6rez,a Morisco slave,before the Toledo tribunal in 1575,where it

for the Suprema confirmed the sentence.4
as usual unsuccessful,
was
not infrequently
Tribunals seem
to have allowed appeals,but,

growing centralization in
superfluousand a formula,drawn
attention be paid to them.5
the indications of guiltwere
When
with

the

the

consulta

de fe sometimes

the
up

Suprema, they
in

1690, directs that

too slender to

voted

became

to

no

torture,
justify

threaten

torture.6

and read to the

formally drawn
up
accused,he was taken to the torture-chamber,
strippedand perhaps
the potro or escalera,
tied on
without proceeding
further.
Then

the

A curious

sentence

case

was

of this

was

that of Leonor

Perez

who,

at the age of

to be placed
sentenced,May 3, 1634, in Valladolid,
seventy, was
When
in conspectu tormentorum.
stripped,on May 10th, the
of previous torture;the proceedings
executioner reportedmarks
were
suspended and, on May 13th, she admitted that, twenty

years

before,she

Pablo

Archive

had

Garcia,Orden

been

tortured in Coimbra.

On

de

June

14th

Processar,fol. 27-8.
Valencia,Leg. 299, fol.80.
3
Archive
de Simancas, Inquisition,
Leg, 939. fol. 113. Instrucciones de
fol.
50
34).
(Arguello,
1561, ?
"
de Alcala,Hacienda, Leg. 544s (Lib. 6)." MSS. of Library of Univ.
Archive
of Halle,Yc, 20, T. I.
5
de Simancas, Inquisition,
Archive
Lib
934.
6 Siinancse
Tit.
33.
Enchirid.,
LIT, n.
hist, national, Inquisition
de

"

CHAP.

the

VII]

CONDITIONS

sentence

to

was

confession.
1637

The

but

guenza,

and

condemned

was

then

days

two

and

it

ponement
post-

revoked

until

not

was

ducats and

of her

fainted.

later she

abjurede

to

hundred

two

stillhear

we

beliefs and

dragged on

case

exile,a fine of

of

Jewish

some

necessary

she

that

again executed, but, before being stripped,

was

she confessed

her

August 1,

vehementi,to six years

to be

paraded in verprison,early in 1639.1 It

this threat of torture,with

in

as

to endure
required strong nerves
its terrifying
formalities and adjurations,
and

it

frequently

was

effective.

The
"

conditions

charged was

held

that the offence

justifytorture were
gravity,and that the evidence,while

to

of sufficient

such that the accused should have the

was
wholly decisive,
opportunity of purging" it,by endurance proportionateto its
the inquisitor's
strength. From
point of view, it was a favor

not

"

to the

accused,as

it gave him

condemnation

whose

resolved

was

which

chance

denied to those

was

This is illustrated

upon.

by

in the Toledo tribunal in 1488.

Juan
case
highlysignificant
del Rio had
lived long in Rome, where
he was
present in
the jubilee
of 1475; by the arts of the courtier he won
the favor
of Sixtus IV and returned to Spain about 1483, loaded with
a

benefices
which

excited

cupidityand enmity.

had

he

he had

loose and

was

left there

could not

much

long sojournedthere

so

himself

return, accommodate

He

inconsiderate
was

Toledo

more;

the

cathedral

an

-Old

new

the

Rome

where

he could not, on his

order of things,and

his reckless talk gave the opportunityof making vacancies

his numerous
preferments.The evidence against him
of the

the
flimsiest;
unable

had

been

had

petulantlywished

would

had

have

as

could

grasp

rent

to pay

it at

chance

that,when

chargewas

on

account

the

to purge

deviL

of the
At

the evidence

of
was

tenant

he
Inquisition,
later period he

by the

water-

permittedhim; he was hurried to the

leavinghis spoilsto those who
pertinacious
negative,

torture,but this
stake

serious

most

"

Christian,
be suspected
of Judaism,
chatterer;in the Spain
was

in
licence,

was

to

the

in

prebend

Biscayan descent,who

of pure
but he
which

them

among

"

was

not

them.2

Leg. 552, fol. 17, 22, 23.

Inqulsieion,
nacional,Inquisicion de Toledo, Leg. 176, n. 679.

Archive

de Simancas,

Archive

hist,

CHAP.

VII]

for six
his

months,

with

died in
to

torture

was

When

instructions to observe

him

we

this

all the

delicate matter.2

very

inquire as

to

come

for its

requiring torture

of the

attempts

it all ended

how

carefully. As
disappearsfrom the records, he probably
the hospital.1 It is evident that the Inquisitiondid not
heart the warning issued by the Suprema, in 1533, that
after

name

take

CONDITIONS

in

the

to

character

elucidation,
we
legiststo

leavingthe

lay

find how

down

matter

of

illusorywere

absolute
the

to

evidence

rules,and

discretion

of the

As

tribunal.

confession,though desired,was
essential to
not
conviction,the negativewho was convicted on sufficient evidence
not to be tortured,but was
to be relaxed.
was
Even
this rule,
however, could be set aside at the capriceof the judge, though
he was
warned, in such cases, to put on record a protest that
he did not direct the torture against the matters
that had been

proved,for
them

purge
to

the very

and

logicalformula

frame

that

which

that

in its essence

definition of evidence

accurate

an

yet sufficient for

conviction

for

that endurance
of torture might
good reason
nullifythe proof.8 It was impossible to reduce

semiplena evidence

authority will tell

us

that

that

It

torture.

what

but
suffices,

or
illogical,

was

was

was

insufficient
easy

to

singlewitness,even

an

say

One

semiplena?

was

to

accomplice,

that
accomplice witnesses are
torture,
justifies
requisite. One impartialand unexceptionable
witness,again, is
another

held

sometimes
records

are

to

full of

requirepublic fame
in which

cases

of

unsupported testimony
less

or

more

three

as

torture

an
was

The

singlewitness.

confirmatoryevidence

was

also

adjuvant, but
employed on

weight of

the
the

other

out
keenly debated,with-

before arrest,
reachingsubstantial agreement whether flight
ined,
exambreaking gaol,or vacillation and equivocation when
is
It
not
prising,
sureven
or
pallor,was sufficient justification.4
that
result,we are told
therefore,that, as a practicrl
"

or

de Simancas, Inquisicion,Leg. 552, fol. 36

Archive

Ibidem, Lib. 939, fol 110

Lib. 4).

1 21 (Archive de Alcala,Hacienda, Leg. 244.2

Officii,
tiones
ElucidaArchive
hist, nacional,Inquisicion de Valencia,Leg. 299, fol. 80.
Sancti Officii,
" 22 (ubi sup.). Bibl. nacional, MSS., V, 377, Cap. ii,
Simancse
110 in Eymerici Direct. P.m.
"" 3, 4; Cap. v, " 4." Pegnse Comment.
3

Elucidationes

Sti

"

"

"

de

Cath.

Archive

Institt. Tit. LXV,

n.

23-34;

Ejusd. Enchirid.

de Simancas, Inquisicion,Lib. 933.

Tit. LIII,

n.

17,

19."

TORTURE

10

all these

be useless to

it would

and

bunals

be left to the discretion of the

questionsmust

decided in each

to be

sometimes

[BOOK

individual

case.1 Under

such

VI

judge,

conditions

expect consistencyof practicein all tri-r

at all periods. We

have

above

seen

evidence

suspended because
in 1584,
Toledo tribunal,

had

that

cases

been

not

were

ratified,

Lope el Gordo for

that very reason, because
the chief witness againsthim
had
it is satisfactory
not ratified his testimony,and
to add that
and thus earned suspensionof his
Lope endured the torments
yet the

tortured

case.2
did not

The

diminuto,whose confession
to rule,to
evidence,
was, according
he

to be

was

but
the

be tortured in order to account

without

deficiency.If he endured

for the

thus purge the evidence,he

in
sometimes
done
galleys.This was

Toledo

some

he had

if he did not

apparentlyto gratifythe curiosityof

was

further

the basis of what

punished on

case

of Antonio

de

caution

used

in

the

matters

to be sent

to

surplusage,
in the
as
tribunal,
mere

to elucidate

assured

are

we

in

torturingdiminutos, and

unless the omitted

was

admission,
confessed,

1585,who confessed what

his punishment, but, as there were

Andrada,

amply sufficient for

tortured
was
omissions,
century, however,

all the adverse

cover

were

such

them.
that

In the
there

that it

was

teenth
seven-

much

was

done

not

to call for relaxation.

as

If

the culprit
however, whom
was
they concerned accomplices,
he was
tortured in caput alienum.
tion
Retracsuspectedof shielding,
or vacillation of confession
required torture to
necessarily
reconcile the contradiction;this occurred
chieflywith timid
of the fiscal for torture,and
by the demand
persons, frightened
thus led to make
admissions which they subsequently
recalled,
thus bringingupon themselves what
they had sought to avoid.3
The questionof intention,in the performance of acts in themselves

indifferent,
was,
torture,as there

of

of the

was

as
no

period,which

we

have

other
was

means

bent

on

the

frequentoccasion
known
to the jurisprudence
the secrets
ascertaining

seen,

of the offender's mind.

1

Archive

hist, national,

Inquisitionde Valencia,Leg. 299, fol. 80. Pegnse,

loc. cit.
Institt.,
2
MSS. of Libraryof Univ. of Halle,Yc, 20. T. I.
3
hist, nacional,Inquisition de Valencia,Leg. 299, fol. 80.
Archive
MSS.
of Library of Univ. of Halle,Yc, 20,T. I." Bibl. nacional,
MSS., Pp, 28; Ibidem,
V, 377, Cap. ii,?" 6, 7; Cap. v.
loc. rit. Simancae
"

"

de Cath.

"

CHAP.

VII]

WITNESSES

it is

Yet

possiblethat in some
there may
be pure surplusage,
to the salvation
contributing

to

of

confirminghis conversion;for
God

glory of

induced

cases, when

have

been

torture

appears

the

kindly intention
of the sufferer,
by inducingor
habitual persecutionfor the greater

state

11

of mind

precludingall

rational

intellectual processes, where

the faith was
concerned.
Ptojastells us that there should be no hesitation in the

torture,when
that he

so

the

he

of Rene

case

of the

soul
culprit's

might be reconciled to the Church

through which
the

salvation

of the tribunal

His

crime

but
publicand unquestionable,

was

of

use

of

involved,
and undergo penance
reasoningwas urgedin

might be saved.1 This

in 1624, by some
Perrault,

of Toledo.

Thus

was

of the consultores

maltreatingthe

he had

varied

Host

in his statements

to his

in orderfaith;the consulta de fe was unanimous

ing
to
discover possibleaccomplices,
torture
but some
of the
desired a specialadditional torture in order to confirm
members
as

in the faith and

him

his soul.2

save

witnesses should be

That

in order to obtain or confirm

tortured,
their testimony,
is an abuse which,repulsive
it may
to
as
seem
less disguise,
a
or
practicewherever
us, has been, with more
has been

torture

that

who

one

It is true that the Roman

used.

had

his

admitted

to that of another,and this

became

part of the

own

prohibited

guiltshould be examined

adopted
principle,
lawr.3
earlycanon

as

in the False Decretals,

however, regardedthe conviction of

denounce

law

heretic

as

The

Inquisition,
only the preliminary

his

associates;the earliest
its use of torture,
prescribed
papalutterance,in 1252, authorizing
to

forcinghim

to

to discover
accomplicesand
employment of this means
convicted
Paid IV and Pius V decreed that all who were
finally
be tortured
and confessed should,at the discretion of the inquisitors,
for this purpose.4 The
questionprealableor definitive,

the

the convict

in which

became,
of the criminal
1

Rojas

MSS.

Const.

was

tortured to make

through the influence of the

of
jurisprudence

him

reveal his

ciates,
asso-

a
Inquisition,
part

all lands in which

Haeret.,P. I, n. 374.
Library of Univ. of Halle,Yc, 20, T. VI.
17, Cod. ix, ii. Pseudo-Julii Epist. n, Cap. xviii.

torture

was

de
of

"

"

P. n, Cans, v, q. 3, c. 5.
4
Innocent. P P. IV Bull. Ad

Opus judicialeInquisitor,
p.

Roman.
extirpanda,$26 (Bullar.
477 (Romse, 1570).

Gratiani

Decret.

1,91).
"

Locati

TOETUEE

12

[BOOK

VI

the torture of witnesses,

It was, in reality,
for the
and he was
criminal's fate had been decided,
thus used only to

employed.

give testimony againstothers.

a general
SpanishInquisition
only following
was, therefore,
in
it
when
those
who had confessed
tortured, caput alienum,
practice
No
confession
their guilt.
was
acceptedas completeunless
the penitentknew
of those whom
to be guilty
it revealed the names

The

of heretical acts, if there

was

suspect that he
in this respect,torture

his conscience
fullydischarging
doomed

the

Even

natural resort.

clearlyto understand

in these

the rule

his

secure

confession

own

in 1596,
fail,

this

who

given
party,

the

from

exercised

be

thus

and

conversion.

ture
tor-

case

demned
con-

againsthis
endeavoring

We

of Manuel

be

to

was

have

seen

Diaz, nor

Lima, in 1639, with Enrique

successful in

was

that
inquisitors

opportunityof

an

and

in the Mexican

the

exception in Spain, than

of the negative,
againstwhom

and

presumable accomplicesafforded

was

the

case

had,

was

as

him

save

him
torture,the device of torturing

without

to

should

rather

In the

evidence

conclusive

not

not

to be

was

witness and not

would

was

who
relapsed,

1561,however, warn

was

in Rome.1

as

consideration

much

cases

as

was

of torture

caput alienum

in

it

Instructions of

The

stake.

the

thus to be tortured and

that

his endurance

that

and

impenitentor

was
relaxation,

to

to

reason

de Paz

was

it

Mello,
different. He
was
persistently
although the final outcome
of evidence,as testidenied through five successive publications
mony
more

accumulated

againsthim
He

sentenced

was

it

to

relaxation

administered with

was

in the

and

trials of his associates.

torture

he

fresh evidence

was

de

fe,in which

he

as

to himself and

without
great severity

was

to be

others and

The

his sentence

was

was

the

torture

of witnesses

permittedwhen

other witnesses
1

Praxis

was

Cap, 18, n.
procedendi,

Valencia).-"Simancae

who

they varied

that it

EncMrid.

caput alienum;

overcoming his
as
publications
before

burnt, he weakened.

while good use was

galleys,
againstthirtyof his accomplices.2
and

'in

persistedthrough five other

gathered. Yet at midnight

fortitude,and

not

were

or

16-21

made

necessary

under

Archive

de Simancas,

auto

ciliation
recon-

lations
reve-

trial

contradicted

thus

to ascertain

(Archive hist, national,Inquisitionde

Tit. LII, n.31.

"

"45 (ArguInstruccionesdel561,

ello,fol. 33).
2

to

of his

themselves
so

the

confessed

He

modified

or
retracted,

-deemed

Lib. 812, Lima, fol. 20-24.

Inquisition,

CHAP.

VII]

NO

truth; but whether

the

subjectof debate.

EXEMPTIONS

13

clerical witnesses could be

As

rule torture in such

treated

so

cases

was

was

directed

to be

moderate, neither lightnor excessive,

but when
testimony
it could be repeated
revoked
three
to
As
inflictions.1
up
have seen above (Vol.II,p. 537) slaves testifying
in the cases
of

was
we

their masters

could

their evidence.

1488, as

always be

tortured if necessary
to confirm
prosecutionof Juan de la Caballerfa,in
to the murder
of San Pedro Arbues,his slave-

In the

accessory

girlLucia

gave compromising evidence

retract,with the result that she

to

confirmed

which

she
twice

was

persuaded

was

tortured

and

it.2

Like majestas,in heresythere were

classes exempt
no
privileged
from torture.
Nobles were
ecclesiastics
subjectto it and so were
of all ranks,but the latter were
to be tortured less severely
than

laymen, unless
to

the

case

clerical torturer

was

if

very

and

grave,

could be found

one

they were

entitled

perform the office.

to

As in their arrest,so in torture the sentence,by a carta acordada

of 1633, had to be submitted
to the Suprema for confirmation.3
As

to have been none

regardsage, there seems
exemption. Llorente,indeed,in describinga
of

woman

aged
have

with such

met

that consideration

rule.

should be

In 1540

given to

the
and, if advisable,

accused

trary
Cuenca, says that this was conorders of the Suprema which
prescribedthat the
only be placed in conspectu tormentomm^ but I

should
never

in which

case

tortured at

ninety was

the

to

that conferred

the

Suprema ordered
qualityand age of the

should

torture

while the Instructions of 1561, which

the

are

very

be very

moderate,
full,
impose no limit

age and leave everythingto the discretion of the tribunal.5

with
Cases are by no means
infrequentin which age combined

of

infirmityis given as a reason

it with moderation, but age
Toledo

de fe

find Isabel

we

n.

13

de France, fonds

Comment.

110

in

""

Archive
48-55

"

Praxis

procedendi,

n.
espagnol,

81.

de Cath.
Simancse
Eymerici Director. P. m.
of Royal Library of Copenhagen,21S*",p. 269.

Institt. Tit. LXV, n. 50." MSS.

4
Cap. xvni,
Llorente,Hist, crit.,
6

Valencia,Leg. 61.

or

(Ibidem).

Bibl. nationale

Pegnge

inflicting
offered no
exemption. At
Canese, aged seventy-eight,

omitting torture

alone

de
hist, nacional,Inquisition

Archive

Cap. 18,
2

auto

for

"

Art. 1,

n.

24.

Lib. 939, fol.110."

de Simancas, Inquisicion,

(Arguello,fol. 33-4).

Instrucciones de 1561,

TORTURE

14

who

promptly

confessed

before

[BOOK
the torture

had

VI

proceededvery

far,and Isabel de Jaen, aged eightywho, at the fifth turn of the

revived
with
In
cords fainted and was
difficulty.1
1607, at
after confessingcertain
aged seventy-six,
Valencia,Jaime Chuleyla,
accused by a new
witness of being an alfaqui;
matters, was
and

duly tortured.2
cia,
Not much
more
respectwas paid to youth. In 1607,at Valenof thirteen,
who was
Isabel Madalena, a girl
vaguelyaccused
the torture and
of Moorish
was
tortured,overcame
practices,
was
penanced with a hundred lashes. In the same
year that
consideration for Joan de Heredia,a boy
tribunal showed
more
of ten or eleven,whom
a
lyingwitness accused of going to a
house where
Moorish
doctrines were
taught. On his steadfast
denial,he was sentenced to be placedin conspectu tormentorum,
which was
carried out in spiteof an appealby his procurator,
and the case
but he persistedin assertingMs innocence
was
short of insanity,
not often
was
suspended.3 Mental incapacity,
allowed exemption and it is creditable to the Valencia tribunal
that when, about
1710, the Suprema ordered the torture of
Joseph Felix,for intention with regard to certain propositions,
and representedthat he was
it remonstrated
too ignorantto
comprehend the objectof the torture.4
this he denied

It

was

limb

was

universal

law

and, althoughthis

that torture

should

not

endanger life

often

the work
when
disregarded
it called for a certain amount
under way,
of preliminary
was
caution to see that the patientwas in condition promisingendurance
in theory but
caution admitted
not always observed in
practice.When there was doubt, the physicianof the Inquisition
called in, as in the case
of Rodrigo Perez,at
sometimes
was
cate
Toledo,in 1600, who was sick and weak, and the medical certifithat torture would endangerhealth and life sufficed to save
not so considerate when, in 1636, it
him, but the Suprema was
ordered the Valencia tribunal to torture JosephPujalbefore transferring
done afterwards on account
him to the hospital,
as was
or

was

"

1
2

MSS.

Library of Univ. of HaUe, Yc, 20, T. I.

Inquisitionde Valencia,Leg. 2, n. 10, fol. 74.
Ibidem, Leg. 2, n. 7, fol. 5; n. 10, fol. 37. 79.
Archivo
hist, national,Inquisitionde Valencia, Leg. 3, n. 7, fol. 346.
of

Archivo

hist, national.

CONDITION

VII]

CHAP.

of his illness.1
for at

reason

rack,-while

garrote sharp
"

of

15

1690, only makes

on

applyingthe
cords, two

the limb

around

bound

PATIENT

Pregnancy has always been deemed

least postponing the infliction,
but

tribunal,in instructions
placingpregnant women
the

OF

was

regarded,at

and

I have

Madrid

concession

each

and

arm

twisted with

each

on

short lever.2

on

of the

torture

two

of

leg,

Hernia

least in the earlier

with

met

the

seat,in placeof binding them

exceedinglysevere

on

and

the

sufficient

several

time, as precludingtorture,
in which it served to exempt

cases

patientbut, in 1662, the officialinstructions of the Suprema

order that no exceptionsbe made
that account, save
the
on
omission of the trampazo vigoroso}
which causes
downward
strain;
in the other tortures a good strong truss suffices to avert clanger
and it should always be kept on hand in readiness for such subjects.3
the

In

accordance

orders for hernia

As

women.

have

been

this the

the

torture

who

Maria

in

1690,
providedfor pregnant

there
suckling,

were

In

tribunal

1575,when

seems

the Valencia

Gilo,the physicianwho

to

nal
tribucalled

was

it would

risk and
expose the child to imminent
abandoned.
In 1608, however, at Toledo,

was

purpose
the same
when

Madrid

of the seat

use

established rule.

no

the consulta

the

cases

regardswomen

proposed to
reportedthat

in

with

question arose
voted

in the

in discordia and

case

the

of Luisa

de

Narvaez,

ordered

Suprema

her to

tortured.4

be

Besides
in which

these

there
generalities,

torture

abandoned

was

were

occasional

in consequence

specialcases

of the condition

patient heart disease,excessive debility,

repeatedfaintThe physician
ings during the administration and other causes.
called
and the surgeon were
the
when
always
prisoner
in,
examine
him
and
hand
to
to be
they were kept at
was
stripped,
of the

"

in

summoned

case

of accident.

The

tribunals

to have

seem

been

Suprema which,in its instructions

avoid sentencingto torture
who
of 1662, reproved inquisitors
of a broken
of weakness
or
account
arm.
on
This,it says, is
not proper, because it forfeits the opportunityof obtainingcon-

more

tender-hearted

MSS.

of

than

the

Halle,Yc, 20, T. L"

Leg. 9, n. 1, fol. 102, 148.
Lib. 934.
Simancas, Inquisicion,

Library of

Univ.

of

Archivo

hist, national,

Inquisicionde Valencia,
2

8
4

of

Archivo

de

Ibidem, Lib. 977, fol. 267.

de Valencia,Leg. 396.
Archivo
hist, national,Inquisicion
Univ. of Halle,Ye, 20. T. I.

"

MSS.

of

Library

CHAP

THE

VII]

1587, at Valencia,we
as

assistants and

to

EXECUTIONER

17

hear

and portero served

that the messenger
the Suprema ordered the work
to be entrusted

confidential familiar.1

Eventually however

tribunals

the

skilled
public executioner of the town, who was
in his vocation.
Isabel Lopez
When, in 1646, at Vallaclolid,
be
tortured on November
ordered to
was
23d, the alcaide reported
that the publicfunctionarywas
absent and the time of his return
uncertain; the torture was
was
necessarilypostponed and, on
the 27 th,Isabel took it into her head to confess and thus escaped
to August, 1681, Alonso
the infliction.2 In Madrid, from March
de Alcala,the cityexecutioner,
was
paid by the tribunal fortyat four ducats apiece.3 It
four ducats, for eleven torturings,
to the torturer
seems
strange that objectionshould be made
but, in 1524, the Suprema forbade him to wear a
beingdisguised
mask or to be wrapped in a sheet;subsequentlyhe was
permitted
to wear
and to change his garments and, in the seventeenth
a hood
if it were
century, a mask and other disguisewere
permissible,
thought best that he should not be recognized.4
after readingthe sentence,
At every stagein the preliminaries,
taking the prisonerdown to the torture-chamber,callingin the
executioner,strippingthe prisonerand tying him to the trestle,
there was
a
solemnly adjured to tell the
pause in which he was
did not desire to see
truth for the love of God, as the inquisitors
the

employed

suffer.5 The

him

aggravationbut
and

shoulders
of the
well

for the

men

as

was

from

front

body and,

of the surface
as

was
stripping

necessary,
the belt at the waist

arms,

the

of

exposure

that had
were

at

to

with

cords

cords

had

wanton

mere

around

the

passingfrom
to

back, requiredaccess

the end

not

not

every

of the torture,there

its due share

subjectedto this,the

or
decency being the zaraguettes
panos

thighs
it

over

tion
por-

little

was

Women
of agony.
slightconcession to

de la verguenza,

kind

to
but the denudation
seems
bathing-trunks,
put on.6 The patient
complete before these were

abbreviated

of

hava

been

hist, national,Inquisicionde Valencia, Leg. 5,

de Simancas, Inquisicion,Leg. 552, fol. 35.

Archive

Archive

Ibidem, Leg. 1480, fol. 13.

In

the

accounts

these

n.

are

3, fol. 143.

mostly described

discreetlyas "diligenciasseeretas."
de Valencia,
4
Ibidem, Lib. 939, fol. 110." Archive hist, nacional,Inquisicion
Leg. 299, fol. SO.
5
Lib. 934.
de Simancas, Inquisicion,
Archive
8
Thus in the trial of Isabel de Montoya, after she is stripped"luego se le mandaron poner los panes de la verguenza" (MS. penes me),
VOL.

in

18

TORTURE

admonished

was

not

[BOOK VI

to tell falsehoods about

and, during the torture,the only words

"Tell

were

the

truth.

mentioned

"

No

himself

to be

questionswere

or

addressed

to

be

others
to him

put and

no

him, for the reason, as we are told,that

the sufferers in their agonieswere
ready to say anythingthat was
in any way suggested,
and to bear false-witnessagainstthemselves
and others. The executioner was
not to speak to the patient,
make
faces
or
at him, or threaten him, and the inquisitors
should
that
he so arrangedthe cords and other devices as not to cause
see
or breakingof the bones.
The work was
permanent crippling
to
proceed slowlywith due intervals between each turn of the garrotes or hoist in the garrucha,
the effect was lost,
or otherwise
and
names

the

to

patient was

It was
unless

apt

the torture.

to overcome

universal rule that torture

could be

appliedonly once,
supervened which requiredpurging,but this
easily evaded.
Though torture could not be

evidence

new

restriction

was

repeated,it could be continued and, when

told that the

was

were
inquisitors

not

it was

over, the

but
satisfied,

were

patient

obliged

suspend it for the present,and that it would be resumed at

another time, if he did not tell the whole truth. Thus it could
be repeated from time to time as often as the consulta de fe
recorded all
might deem expedient.1 The secretary faithfully
that passed, even
to the shrieks of the victim,his despairing
and his piteous appealsfor mercy
ejaculations
to be put to
or
death, nor would it be easy to conceive anythingmore
fitted to
excite the deepest compassion than these cold-blooded,
matterof-fact reports.
to

As
be

for the varieties of torture

borne

the

in mind

that

the

and
publicexecutioners,

currentlyemployed, it must
Inquisitionlargelydepended on
its methods
thus were
necessarily

identical with

those of the secular courts; while even

when
its
officialsperformed the duty, they would
naturallyfollow

own

the

customary

routine.

refinements of torture
of

and

The

thus
Inquisition
indeed,so far as I

it confined
investigation,

of the abundant

itself to

have
few

no

special

had

tunity
oppormethods
out

repertoryof the publicfunctionaries.

In the earlier periodonly two tortures

the

had

garrucha or pulleys and

were

in vogue
generally

the water-torture.

Instrucciones de 1561,1 49 (Arguello,

fol. 34). ArchivQ
de Valencia,
fol.80,
299,
Leg,
"

These

^re

"

the

hist,national,
sition
Inqui-

'

CHAP.

VII]

VARIETIES

alluded to

only ones
and

19

by Pablo Garcia and both of them

well-established

forms.1

The

in

former,known

old

were

Italy

as

strappado,consisted in tyingthe patient'shands behind his

back and then, with a cord around his wrists,hoisting
him from
the floor,with or without weightsto his feet,keeping Mm
pended
susthe

long as

as

fall

him

distance

short

that
prescribes

desired and

was

with

perhapsoccasionally
letting
jerk. About

the

elevatingmovement
it is rapid the pain is not lasting;
for a
be kept at tiptoe,
that his feet scarce
so
hoisted he
thrice

should

be

held

weightsis

for the space

of two

increasing
weightsas
The

water-torture

placed on an
edged rungs across
in which
throat

or

than

lower

was

often

was

and

the feet

long as

as

"

kind

ladder.

writer

slow,for

if

patientshould
the

when
floor;

psalm

Miserere

is

ished
repeatedlyadmon-

lowered,one

of

he is to be hoisted

being repeated with

be judged expemay
dient.2

complicated. The

potro

or

process

and,

sank, while

of

It slanted

at the lower
an

patient was
with' sharptrestle^

iron band

end

that the head

so
was

around

depression

the forehead

kept it immovable.

cut into the

trestle and

which
Sharp cords,called cordeles,
and legsto the side of the
attached the arms
flesh,

others,known
like

twisted around

and

the

his feet and

to

more

it like

the head

touch

he is to be

the
Misereres,

escalera

time the

If this fail he is to be

to be attached

be

should

while

and
repeatedslowlyin silence,
to tell the truth.

the

there

1620

as
a

garrotes,from

sticks thrust in them

tourniquettillthe cords

cut

more

or

twined around the upper and

were
flesh,
iron prong,
or
the thighsand the calves;a bostezo,
lower arms,
thrust down
distended the mouth, a toca, or stripof linen,was
slowlyfrom a jarraor jar,
the throat to conduct water trickling
than a quart. The patient
"alittlemore
strangled
holdingusually
the toca was
drawn
withand gaspedand suffocated and, at intervals,
and he was
adjured to tell the truth. The severityof
of jarsconsumed,
measured by the number
the inflictionwas
sometimes
reachingto six or eight. In 1490, in the case of the
and he
quart satisfiedthe inquisitors
priestDiego Garcia,a single
the

less

deeply into

was

In
acquitted.8

1
2

the Mexican

case

of Manuel

Diaz, in 1596,

Pafelo Garcia, Orden de Processar,fol. 29.

de Valencia, Leg. 299, fol. SO.
hist, nacional, Inquisition
Archive
de Toledo, Leg. 99, n. 25." In the record
hist, nacional,
Inquisition
Archive

there is

on

the margin

rude outline of the

thus jj
escalera,

MINT

TORTURE

20

cordeles

the

around

were

and

arms

[BOOK

applied;then
legs,the toca was
a
pint each were

twisted

garrotes were

seven

VI

his throat and

thrust down

drip through it,

the
up four times during the operation. In
of Mari Rodriguez,in 1592, the operationwas
the Toledo case
seated on the
divided,the cordeles being appliedwhile she was
and were
given eightturns; she was then transferred
banquillo,
and the garroteswere
to the trestle,
used,followed by the water;
untied and
she was
at the second jarrashe vomited
profusely;
allowed

jarrasof
toca being drawn

twelve

fell to the floor.

chemise; she

was

would

torture

truth and

be

it

lifted her up and put on her

told that if she would
not tell the truth the
executioner

The

continued;she protestedthat

her

cell,then the consulta de fe voted

she

was

to

she

told the
left in

was

suspend the

and

case

name.1

in God's

told to be gone

she had

nine months

For

suspended.

was

to

probablynot long after this that these forms of torture

replacedby others which
graduallyfell into disuse and were
apparentlywere regardedas more merciful. In 1646 the Suprema
appliedto the tribunal of Cordova for information concerning
of the trampa and
the garrucha and silla and for a description
trampazo which it used, with an estimate of their severity.
because
The tribunal repliedthat the sillahad been abandoned
It

was

it could
of the
years

its

use

scarce

danger

the
as

be called
of

with

seven

sueno
tablillas,
escarabajOj

cordeles and

the

vuelta

de

as

and

garrucha

For

account

on

than

more

the secular courts,had

also the brazier of

toca

the

causing dislocations.

as well
tribunal,

bricks, the

and

torture

thirty

discontinued

coals,heated platesof metal,hot

pints of water, the depinoncillo,
others.

garrotes,of which

trampdj the mancuerda

The

there

and

the potro or rack.

The letter proceedsto describe at

methods
were

in

three

the
stretching

use

were

kinds,the
accused

in

great length and in much

In abandoningthe
complicatedprocesses.
pulleysand the water-jar,the patientgained little. He was
adjustedfor torment by a belt or girdlewith which he was swung
tied togetheracross
from the ground; his arms
his breast
were
attached by cords to ringsin the wall. For the trampa
and were
detail these somewhat

trampazo the ladder in the potro had

or

me).

Proceso

contra

Manuel

Diaz; Proceso

contra

one

Marl

of its rungs

removed

Rodriguez (MSS.

penes

VII]

CHAP.

to enable

as

so

VARIETIES

edge was

the

legsto

set below

it and

forciblypulledby

were

with

around

turn

21

through;another bar with a sharp

through this narrow
opening the legs

pass

of

means

the ankle.

cord fastened

Each

vuelta,or

cord,gained about three inches;five

most
rigoroustorture, and three were
with

even

the most

the

next

robust.

step

the

was

ordinary practice,

mancuerda, in

which

cord

the arms, which

the executioner wound
threw himself backward, castinghis whole

and

stretched in this position,

passed around
himself

to the

reckoned

were

the

Leavinghim

given

turn

vueltas

the toes

around

was

around

weight
potro. The cord,we are
would
cut through skin and muscle to the bone, while the
told,
body of the patientwas stretched as in a rack,between it and the
cords at the feet. The belt or girdleat the waist,subjected to
and

pushing with

these

alternate

his foot

forces

againstthe

forced

was

back

and

forth and

uted
contrib-

further to the

suffering.This was
repeatedsix or eight
times with the mancuerda, on different parts of the arms, and
the patientsusuallyfainted,
if they were
women.
especially
this the potro came
in
the trampa and mancuerda

After
from

head

cord

would
arm,

the forehead.

across

similar ones

The

belt

garrotesor sticks

with

put

were

each

on

The ends

twelve in all.

loosened

was

were

carried to

one

skin

turn, six

or

usual

not

same

was

abandoned

All

this,the

was

These

so

exceed
done
as

maestra

These

once.

and

torture

of

manner

of

half round

it was

less

the

was

with

five,even

with

Cordova

remained

Suprema,

Each

of which

seven

or

to

the

it is less

flesh.

and

the

strong
the

the
practically

in

vuelta
was

Formerly

men.

forehead,but this
their sockets.

very

the abandoned

tortures

not

but it

maximum,

concludes,is

dangerous than

worked

limbs,carrying

to start the eyes from

tribunal

each upper
of the potro

reckoned

was

the cord around

apt

it

tight;two
each calf,
making
garroteby which

on

around
only by compressionbut by travelling
away

that

so

to twist them

thighand

control all at

could

executioner

the

and

Three cords were

sliparound.
passedaround
the ends being carried into ringson the sides

furnished

and

released

patientwas

placedon the eleven sharp

of the potro, his ankles rigidly
tied to the sides and his
held immovable
where it was
sinkinginto a depression
by

rungs

play. The

use.

violent,but
methods.
In 1662

the

the
orderingthe tribunal of Galicia to "continue"
Antonio
Mendez, called upon it to report as to its
of May 13th shows
Its answer
torture.
administering

in

TORTURE

22

[BOOK

VI

and potro,though after a someusingthe mancuerda

what
primitivefashion. To this,by order of the 'Suprema,
Gonzalo
Bravo
replied,May 22d with elaborate instructions,
to the trampazo, indicating
that substantially
the
as
especially
methods
described by C6rdova were
Galicia
officially.
recognized
this until September 19th,when it
to have puzzledover
appears
apologizedfor its lack of experienceand asked for detailed plans
and drawings of the form of potro required. It is fairly
presumable

that it was

all this that

from

adopted
There

The

mental

and

could be

and

was

uncertain

as

regulationdetermines
truth;the

this discretion

tribunal.
be

never

One

in which

that of Antonio

eight o'clock
crippledarm;
Gabriel

rare.

severity

certain rule

no

left to the discretion of

and

conscience.2
of

All

can

judges,to
that

be

Gonzalo

1662, is that its

proper

the

customary compassion of the Holy

it shall neither exceed

exercised

dependedwhollyon

authority

tells

half

than

fall short.

nor

it lasted for two

that

us

and

temper
should

torture

hour,-but

an

the

the

cases

are

three hours.

even

In

in 1648, it commenced
at
L6pez, at Valladolid,
and continued until eleven,leavinghim with a
to strangle
in a fortnight
he endeavored
himself,

died within

he

and

was

prolongedmore

numerous

the

on

cation
just decision of cases, and the verifidiscretion and prudence of the judgesmust

tempered by
this,
that
in such way
Office,
of

were

the

look to

the

wherefore

men,

say, in the Instructions

can

of

absolute limitation

no

strengthamong

given,but it must be
governed by law, reason

How

methods

new

Instructions of 1561 say that the law recognizes

and dangerous in view of the difference in bodily

be

Bravo

these

in all the tribunals.1

of torture.

it

thenceforward

Such

month.3

cases

were

Rodriguez,at Valencia,about

by no
1710, was

means

tor-

letter and Galicia correspondence

to the kindness
copy of the C6rdova
Vicente
Riva
General
Don
of
Palacio
Mexico.
Their existence there
of the late
1

owe

would
of the

indicate that

Suprema

are

they

were

sent

in the Simancas

to all the tribunals.

The

1662

Lib.
archives,Inquisicion,

instructions

934; Lib. 977,

fol. 267.
fol. 33).
1561,? 48 (Arguello,
Cap. 18, n. 29 (Archivo hist, nacional,Inquisicionde
procedendi,

Instrucciones

Praxis

Valencia).
"

Paul

III when
an

de Simancas,

Inquisicion,
Leg. 552, fol. 36.
in 1548, criminal practicein Rome
regulating,

Archivo

prolongedfor
supper."

de

hour

-Pauli PP.

or more,
or
Ill Const. Ad

that it should
onus

be

Apostolic","

forbade

for
interrupted
6

torture

dinner

(Bullar.I. 776),

or

SEVERITY

VII]

CHAP.

condemned

tured thrice and

muted

he

findingthat

on

Nor

tortura."1

death

was

Diego Enriquez,

te

the process an
his cell. On the
be removed

to

in such

by

"

15th

the

tortured
and

was

done

was

There

with

of

j*at

Decemb^
he

physicianreportedthat

hospital,which

cari^^l
he shc*\

the

greatest

is somethinghideouslysuggestive

of fact record

matter

unknown?; k said

means

any

accident7' occurred

and he died there.

secrecy

was

was
Valladolid,

at

In

bdi"tI have to
galleys,
say
crippled"por la ires theyare
the

to

that of Blanca Rodriguez

as

simply says that she was voted to

torture,May 21, 1655,and it having been executed she died the
same
day; the case was continued againsther fame and memory
19th.2
and, in due course, was suspended,November
of cases recorded in which the accused
The very largenumber

Matos,

at

which
Valladolid,

the

overcame

torture

frequentlylight. This

was

confession would

without

is doubtless

true

to

argue
a

that

it

great extent,

displayedshows that
de Leon, at Valladolid,
Thus Tomas
this was
not always the case.
November
subjectedto all the successive
5, 1638, was
found
varieties and overcame
them,,althoughat the end it was
broken.
So, in 1643,in the same tribunal,
was
that his left arm
sixty years of age, had a toe
EngraciaRodriguez,a woman
the

but

endurance
surprising

off while

wrenched

in
proceededuntil,

It then

broken.

in the

sometimes

balestilla. Nevertheless
of the

mancuerda, an arm
stopped without having extorted a

the firstturn

was

the torture
was
fession,
con-

for fresh evidence

her fortitude availed her little,
she confessed
supervenedagainsther and, some ten months later,
but

practices.Another of the same

three turns
Leon, endured the balestilla,
to Jewish

but
potro without confessing,

the

reconciliation and

she

group, Florencia de
and
of the mancuerda

did

not

escape

without

prison.3

stood
the patientcan best be underprocess and its effects on
business-like reports of the secretary,
from the passionless
in which the incidents are recorded to enable the consulta de fe
They are of various degreesof horror and
to vote intelligently.
The

I select
are

one

which

usuallyset
1

2
3

omits the

forth.

screams

It is a very

and cries of the victim

moderate

case

of water-torture,

nacional,Inquisicionde Valencia, Leg. 3, n. 7, foL

Leg. 552, foL 2, 40.
Archive
de Simancas, Inquisicion,
Ibidem, Leg. 552, fol. 23, 31.

Archive

hist,

that

436.

CHAP.

REPORTS

VII]

25

"I don't remember

tellme what I have to say
I will tell all that is wanted, Senores
they are
loosen
little
I
did
t
hat
said of
arms
me
is
a
breaking my
everything
tellin
detail
told
to
what
She
she
She
did.
said "What
me."
was
truly
?
I
tell
loosen
wanted
I
to
for
don't
I
remember
me
everything"
am
don't
tell
what
am?
have
to
weak
I
I
Oh! Oh!
see
a
what
woman
you
turns were
ordered and as theywere
are breaking." More
given
my arms
Oh!
loosen
for
I
don't
"Oh!
know
what
I
have
cried
me
Oh
to
she
say
don't
what
know
I
have
I
if I did I would tellit."
to say
my arms!
ordered to be tightened
when she said "Senores have you
The cords were
?" She was
told,yes, ifshe would tellthe truth.
a sinful woman
on
no pity
it." The cords were
She said,"Senor tellme, tell me
tightened
again,
"I
have
said
that I did it." She was
said
she
ordered to
already
and
she said "I don't know how to tellit senor, I
to which
tellit in detail,
Then the cords were
don't know."
separatedand counted, and there
in
and
the
last
turn the cord broke.
sixteen turns,
giving
were
then ordered to be placedon the potro. She said "Senores,
She was
why will you not tellme what I have to say ? Sefior,
putme on the ground
told to tell it. She said
I not said that I did it all?" She was
"have
take me
I did what the witnesses say."
".I don't remember
away

many
O

"

and went
wretched me!
times

on

"

"

"

"

"

^did

"

"

"

"

"

"

"

told to tell in detail what the witnesses said. She said "Senor,
She was
told you, I do not know for certain. I have said that I did all
as I have
it."
that the witnesses say. Senores release me, for I do not remember
Oh!
do
"I
know
Oh!
said
it.
it.
She
not
tell
told
to
theyare
She was
I
let
that
did
said
it
me
go." She was
tearingme to pieces I have
it
does
not
to
said
me
"Senores,
She
tellit.
help
told to
say that I did it
has
done
I
have
what
broughtme to this suffering
and I have admitted that
Senor, you know the truth Senores, for God's sake have mercy on
Senor release me,
Oh
Senor, take these thingsfrom my arms"
me.
she was
tied on the potrowith the cords,
She was
me."
theyare killing
ordered
be
to
the
and
truth
w
ere
tightened.
tellthe
garrotes
admonished to
me?
Senor,
She said "Senor do you not see how these peopleare killing
it.
told
tell
She
said
She
to
was
let
sake
God's
go."
me
for
I did it"
have
Senores
know"
did
I
not
mercy upon me
"Senor, remind me of what
I did it" take me
"let me go for God's sake" theyhave no pityon me"
told to
She was
I
what
cannot
remember
here."^
from here and I will
"Remind
of
said
She
me
tellthe truth,orthe cords would be tightened.
for I don't know it I said that I did not want to eat
what I have to
"

"

"

say

"

many
it I know onlythat I did not want to eat it,"and thisshe repeated
it.
She
to
want
eat
did
not
said,
she
tell
told
to
why
times. She was
ittell
how
to
know
I
don't
that the witnesses say"
"For the reason
and
I
did
it
I
my
miserable that I am that I don't know how to tellit" say
how
do
did
she
not
it,
said
she
as
that,
Then
it?"
God how can I tell
these peoplewant to kill
could she tell it" "They will not listento me"
admonished
to tell
me_release me and I will tellthe truth." She was again
how I did it" I did it for
the truth. She said,"I did it,I don't know
and I don t
go" I have lost my senses
what the witnesses say" let me
Then she said
truth.
know how to tellit" loosen me and I willtellthe
I
tell it as the
but
tell
it,
"Senor I did it,I don't know how I have to
from here" Senor as the witwitnesses say" I wish to tellit" take me

TORTURE

26
nesses

say,

so

I say

said "I don't know

and confess it." She

how to say it I have

[BOOK
was

VI

told to declare it. She

no
Lord, you are
memory
I
else
would
anything
say it. I know
I
it
that
it." She said
God
than
did
and
knows
to say
nothingmore
You, Lord, hear that
times,"Senores,Senores,nothinghelpsme.
many
order
out my soul
are
I tellthe truth and can say no more
they
tearing
do
Then she said,"I
not say that I did it I said
them to loosen me."
I
it
did
observe that Law."
she
She
to
more."
Then
"Senor,
said,
no
''The
Law
She
that
the
witnesses
I
asked what Law.
said,
was
say
what Law it was
declare it all Senor, and don't remember
O, wretched
asked
She
bore
me."
what
the
that
Law
she
mother
was
was
the
was
the Law that she said the witnesses say. This was
and what was
meant
silent and at last said that she did not
but she was
asked repeatedly,
told to tellthe truth or the garroteswould be tightened
She was
know.
ordered on the garrotes and
Another turn was
but she did not answer.
She said "If 1 knew what
Law
what
it
to
she was admonished
was.
sav
Senor, I don't know what I have to say
to say I would
say it. Oh
if theywould tellme what
me
Oh! Oh! they are killing
Oh, Sen"ores!
Oh, my heart!" Then she asked why they wished her to tell what she
"6, miserable me!" Then she said
could not telland cried repeatedly
without my beingable to
witness
that
bear
"Lord
me
theyare killing
told that if she wished to tell the truth before the
confess." She was
should do so and discharge
her conscience.
she
She
water
was
poured
that
she was
sinner. Then the
said that she could not speak and
a
"Take
it away, I am
her
and
said
she
linen toca was
[in
throat]
placed
A
the
stomach."
sick
of
in
and am
then
water
was
jar
strangling
told
tellthe
which
she
truth.
She
to
after
clamored
was
down,
poured
for confession,sayingthat she was
dying. She was told that the torture
admonished
would be continued tillshe told the truth and was
to tell it,
she remained silent. Then
but though she was
repeatedly
questioned
the inquisitor,
seeingher exhausted by the torture, ordered it to be

witness

"

how

that if I knew

"

to say

"

"

"

"

"

"

"

"

suspended.
It is

scarce

worth

while

to continue

this

detail.
pitiful

Pour

for experience
snowed
that an interval,
elapse,
the limbs,rendered repetition
more
by stiffening
painful.
the
torture-chamber
she
but
to
broke
She was
again brought
down when
strippedand piteously
begged to have her nakedness
her replies
went
The interrogatory
under
covered.
on, when
torture
more
were
rambling and incoherent than before,but
reached and the inquisitors
her limit of endurance
was
finally
of
confession
of
Judaism and a
had the satisfaction
a
eliciting
and penance.1
prayer for mercy
It is' impossibleto read these melancholy records without
and contradictory
-that the incoherent
admissions
amazement

days

allowed

were

Archive

to

hist, nacional, Inquisicion

de

Toledo,Leg. 138.

CHAP.

VII]

RATIFICATION

which

through
to devise

the

to tell the

and
a

victim, in

lawgiversas

27

increasingagonies, sought
been

regardedby

possessed of intrinsic value.

and

of such fibres and

of

not

veracity. In

The

one

mand
com-

statesmen
result

case

we

was

find

that all the efforts of the torturer

nerves

fail to elicit aught but

flesh to the bone

his

truth,should have

test of endurance

man

CONFESSION

in satisfaction of the monotonous

statement

some

OF

denial

the cords may

rasp through the
and limbs be wrenched
to the breakingwithout
"

his constancy. In another,when

affecting
few turns of the
a
have
twisted
cord
into his arm
a single
garrote
at the
or
even
of
the torture-chamber,
mere
with its grimly suggestive
aspect
"

machinery" he will yield and

himself

and

all the comrades

dizziness of his

of

name

whose

he

names

suffering.Yet, with

centuries the secular and

of Christendom

confess all that is wanted

full

the

justice,
perpetratedan

of

use

of the

to

recall in the

knowledge

ecclesiastical courts

persistedin

can

as

of

this,for
greaterpart

system which, in the

infinite series of atrocities.

though stillmore

to deprivethe system of
effectually
all excuse, the confession obtained at such cost was
practically
To legalize
admitted
to be in itself worthless.
it,a ratification
was
required,after an interval of at least twenty-four hours,
threats and apart from the tortureto be freelymade, without
essential in all jurisdictions,
and the formula
chamber.
This was
in the Inquisition
to bring the prisonerinto the audiencewas
chamber, where his confession was read to him as it had been

Yet,

written

as

He

down.

was

asked

add

or

had

anything to
expected to declare
no
change to make

he

whether

to omit

it

was

true

or

whether

and, under his oath, he

was

properlyrecorded,that he had
and that he ratified it,not through fear of
the
torture, or from any other cause, but solelybecause it was
when the confession
Such ratification was
truth.
requiredeven
made on hearingthe sentence of torture read or when placed
was
that it

was

This was
customarily done on the
in conspectu tormentorum.1
afternoon of the next
day, to allow the full twenty-four hours
to

there

expire,but

in the

case

was

of Catalina

sometimes

Hernandez, at

July 13, 1541, it was

being stripped,

Pablo

Garcia,Orden

longer interval. Thus,

Toledo,who confessed on

not

until the 27th that her

de Processar, fol. 30.

TORTURE

28

preventedit

had

VI

that press of
taken, the inquisitorsexplaining

ratification was
business

[BOOK

earlier.1

fear

that it was not made through

ratification,
tion
of torture was
a falsehood,
a retracfor,in all jurisdictions,
of torment, and in
of the confession called for a repetition

fact

we

declaration in the

The

sometimes
warned

prisonerwas
would

find that when

not

to retract

"continued."2

be

the confession

This

for,if he did

possiblyto

was

made

was

the

so, the torture

evade

larly
singu-

provisionin the Instructions of 1484, to the effect

the accused is to be dulypunished,
that,ifthe confession is ratified,
from the trial,
but if he retracts,in view of the infamy resulting
the heresy of which he is suspectand
he is to abjurepublicly
be subjectedto such penance as the inquisitors
ately
compassionmay
is
modified
of
however,
considerably
this,
assign. The mercy
by a succeedingclause that it is not to deprivethem of the
rightto repeat the torture in cases where by law they can and
it was
probably the first portionof the
ought to do so.3 Still,
in 1528, in the case
provisionthat guided the Toledo tribunal,
At the sightof
of Diego de Uceda, on trial for Lutheranism.
humane

he broke

the torture-chamber

down

and

all that the

admitted

but could not remember

wjhat it was.
testified,
As this was
evidentlyinspiredby fear,the torture went on when,
himself so eagerly
he inculpated
at the first turn of the garrote,
warned
not
to bear false-witness againsthimself.
that he was

witnesses had

and

declared it to be the truth

He

called upon

to fear and

faith of the

Church,and

sayingthat

he

accordance

out

was

declared himself
week

of his

senses

ready to

under

months

Proceso

See the

He

was
later,

was

in

to appear in an auto
to be fined at the discretion of

repeat the torture,when

was

"

fe,to abjurede vehementi and

the inquisitors.4
and
Such cases, however,were
exceptional
to

he

die for the

the torture.

again and

de

was

Before

later he ratifiedthis revocation,

his sentence, some

with the Instructions of 1484

tortured

untied.

he asked for an audience in which he ascribed

ratify,

to

his confession

not

was

contra
case

Marl

confession

the

regularpractice
followed by another

Lopez la Salzeda,fol. 7 (MS. penes me).

Gonzalez,at Guadalupe,in 1485 (Boletin,
XXIII,

of Manuel

337).
8

Instrucciones

Archive

de

1484, ?

15

fol. 6).
(Arguello,

hist, .national,
Inquisitionde Toledo, Leg. 112, n.

74, fol. 82-5.

CHAP.

VII]

REPETITION

revocation,subjectedthe victim
the

could

be

carried

29
to

third torture.1

Whether

doubtful
was
a
indefinitely
answered
in the negative on
questionwhich some
the
legists
abhorred
assumption that nature and justice
generalphilosophic
but
this
infinity,
reasoning,however, academicallyconclusive,
process

respected in practicewhen

not

was

There

on

conviction

desired.

was

dissuasive from

which was
revocation,
brought to
bear when
the
culpritsgave unreasonable trouble,which was
This is illustrated,
also the
penaltyincurred by revocantes.
as
was

one

troublesome
the

by

case

in 1644.
he

which

commenced
until

an

which
have

questionswhich

perplexed the tribunals,

of

Miguel de Castro,tried for Judaism,at Valladolid,

As a negative,he was
tortured and confessed,after
revoked
and ratified again. A process was
ratified,
tortured again,
againsthim for revoking;he was
dislocated and he lost two fingers,
arm
was
during

he confessed
been

tortured

him

and

then revoked

third time had

him

declared

to

be

unable

to

the confession.
not

the

endure

He

would

geon
physicianand surit. The Suprema

relaxed to the secular arm, if he could not be

to repent and return to the Church,when, under
the

ordered

induced

to be

persuasionof
to himself

as

sometimes

and
lashes

as

executed

he begged for mercy and confessed

calificadores,
and others. Finallyhe was
sentenced to reconciliation
irremissible prisonand sanbenito,
with a hundred
specialpunishment for revocation,which was
two

January 21, 1646.2

we
are
told,cunninglytook advantage of the
culprits,
jected
subat once, as soon
as
by confessing
opportunityof retraction,
to torture, then recantingand
repeatingthis process
A writer
to the no small disgustof the inquisitors.
indefinitely,

Some

of the

close of the
that the

seventeenth

century, who

then in

mentions

indeterminate

this,
condition,

an
subjectwas
by suggestingas a remedy that they should be subjectedto
A case
at Cuenca, in 1725, in which
extraordinarypenalties.3
indicates that by that time a third
these tactics were
successful,
Dr. Diego Matheo
not recognized
torture was
as lawful.
L6pez

shows

(De Oath. Instt. Tit. LXV, n. 81) pronounces decidedlyagainsta

authorities favor it and I have met
third torture,though he says that many
Toledo in 1585 (MSS. of Library of
at
with such cases, e. g., Manuel
Henriquez
Univ. of Halle,Yc, 20, T. I.).
2
Archive
de Simancas, Inquisicion,
Leg. 552, fol. 33.
5
\ 22 (Archivo hist, nacional,Leg. 5442,Lib. 4).
Elucidationes Sa Officii,
*

Simancas

TORTURE

30

Zapata, as
that

he

was

soon

as

ready

the torturer
to

[BOOK
was

confess,and

VI

ready to begin,exclaimed
made

detailed confession

practicesfollowed for nearlyfiftyyears. The next

day he revoked and,when the torture was resumed, he repeated
his confession,
only to revoke it as before. The tribunal appears
itself with making him
to have been powerlessand contented
diately
with a sanbenito to be immein an auto de fe as a penitent,
appear
removed, abjurationde vehementi and twenty years'exile
At an earlier periodhe would
from Cuenca, Murcia and Madrid.1
have escaped without scourging,
scarce
galleysand irremissible
prison.
of Judaic

without eliciting
a confession,
administered,
the logical
conclusion,if torture proved anything,was that the
dence
accused was
innocent.
In legalphrase,he had purged the evientitled to acquittal.2
the
and was
Such, indeed,was
to being baffled,
to
or
a natural
law, but there was
repugnance
and excuses
had been so cruelly
admit that innocence
persecuted,
were
readilyfound to evade the law. On such a subjectthere
and the situation
could be no definiteline of practice
prescribed,
is reflected by the Instructions of 1561,which tell the inquisitor
that,in such cases, he must consider the nature of the evidence,
of
the degree of torture employed,and the age and disposition
that he has fullypurged the evidence,
the accused;if it appears
but if it seems
that he has not been
he should be fullyacquitted,
tortured he can be requiredto abjureeither for light
sufficiently
or some
or vehement
suspicion,
pecuniarypenaltycan be imposed,
although this should be done only with great consideration.3
left to the discretion of the
Thus
the matter
was
practically
with the impliedadmission that,
when
torture proved
tribunal,
it was
unsuccessful,
merely surplusage.
The authorities naturallyare not wholly at one
with regard
of these principlesexcept that
to the practical
applications
should rarelybe grantedand, in fact,
while the records
acquittal
When

torture

was

"

full of

are

unusual

1
2

22
8

cases

in which

to find the

torture

overcome,

partiesacquitted,or

Bibl. national,MSS., Kk, 53.

Srmancse
de Cath. Instt. Tit. LXV,

(Archive de

was

n.

their

it is somewhat
cases

74r-75." Elucidationes

Alcala,Hacienda, Leg. 5442,Lib. 4)

Instrueciones de 1561, J 54 (Arguello,
fol. 34).

even

Sti

sus-

Officii,

ENDURANCE

VII]

CHAP.

About

pended.
treated

with

WITHOUT

1600

CONFESSION

writer tells us

gl

that these

cases

to

are

extraordinarypenaltyor with acquittalor

suspension,accordingto the degreeof suspicionthat remains,
that Moriscos,however
but
must
lightthe suspicion,
appear in
auto de fe and abjure de vehementi and, if there has been
an
evidence by single
witnesses,they must be sent to the galleys
with other culprits,
for three years or more;
if the suspicionis
be acquittalor suspension,
there may
but suspension is
light,
be

the

It all

usual.

more

has been

evidence

rule

The

purged by the

as

to Moriscos

the

torture.1

scourging

or

is borne

there

1607, in which

degreein which the

As this degreewas
a

fines.2

out

by the Valencia

With

visited with

were

their

unlimited.

was

appeared sixteen who

of whom

torture, most

the

depends upon

discretion
purelyconjectural,
inquisitorial

matter

fe of

some

expulsionin

further call for

had

auto

de

overcome

imprisonment,
1609-10, there
general practice

and the
discrimination,
is expressedabout 1640, by an experienced
who tells
inquisitor,
when there have been several single
the accused
us that,
witnesses,
the torture should be subjectedto some
who
overcomes
severe
such
de
with
as
extraordinarypunishment,
abjuring vehement!,
no

was

confiscation

of half his

property, or a heavy fine the latter

it is more
easilycollected and the culprit

being preferableas
endures

in

it better

reflects the

current

"

order

to

preserve

practicewould

his credit.3

appear

from

That

Cuenca

this
auto

fe,June 29, 1654. Don Andres de Fonseca had been required

to abjurede vehementi,
at Valladolid in 1628; the evidence of his
relapsewas strong,but insufficient for conviction;he endured
then further evidence supervened and
torture without confessing;
he appeared in
he was
ill-success;
again tortured with the same
with ten years'exile and
the auto as a penitent,
abjuredde levi,
de

fine of five hundred

the torture
fine of

been

and

Dona

ducats.
had

three hundred

Paula

had

come
over-

abjurationde levi,six years'exile and

ducats.

tortured
unsuccessfully

Dona

and

was

Isabel de Miranda
sentenced

to

two

had

years'

So, after fruitless torture,

Isabel Henriquez had the same
Dona
punishment, and Manuel
sentenced to abjurationde vehementi,
Lorenzo
Madureyra was
exile and

three

hundred

Theodora

ducats.

5442

Archive

de

Archivo

de
hist, nacional,Inquisicion

28, 38, 39,

3

Alcala,Hacienda, Leg.

(Lib.4).
Valencia,Leg. 2, n. 10, fol. 13,14, 16,

79.

Bibl. nacional,MSS., V, 377, Cap. 4, ? 5,

CHAP.

VII]

FREQUENCY

sionallythere is less reticence.

alluded

to

that

"

there

could not

is

conceal it

givesa

is stated

wholly,but

very

in the

of

number

of the

of the

had,

of

in

1610.

form

to

in

eight,besides two cases

of
of the fainting
account
five

cases

about

by

the

it
trial,

her she admitted

the

fragmentarydata,however,can
tribunal between

the

one

hundred

and

eleven

of

torture,

use

and

nine,and twice

to be

stopped

in which

seven

it commenced.
was

1575

the

it had

patient,and

accused
say

hundred

admittingof

in which

before

all,we may
thirty-two per

There

con-

also

were

placedin conspectu

on

tormen-

here its agency

invoked
was
of heretical prosecutions.This

that

cent,

In a number
the average.
of cases
tried
between
tribunal of Lima
1635 and 1639, nearly all the

probably less

is

the

In

torum?
in

in which

Campo (seep. 24),

estimate
reasonably accurate
which
it was
employed during the

on

was

admitting

Doctor

this period it tried four

obtained

in

Zapata, in 1725,
havingbeen employed.2

record of the Toledo

During

inquisitors

for heretical offences

persons
used once
and in these it was
on

fession

as

of

it

times
Some-

impossibleto compile statistics of

cases

the

the

of the incidents of the

with
diligencias,"

Inquisition. Some

as

found

1551.1

shame

certain

of Elvira del

sentence

be

course

I have

sentence

Toledo, in
it;as though

felt

detailed account

torture-chamber,or

and

at

is alluded to
diligencia"

It would

be

Gomez,

that,on using "mas

"cierta

career

one

in the sentence

charges,and

the

In

veiled allusion to

it openly. Thus
which

of Mari

33

than

to have been
tortured,while the report of the
appear
that of eleven cases
of
tribunal of Valladolid for 1624 shows

accused

and

Judaism
in

one

1655, every

case

tortured and,
Protestantism,eleven were
of Judaism, nine in number, was
subjected

of

torture.4

to

numbers, however they may impressthe imagination,

all,
of the
not supremely important. They are simply a measure
are
greateror less activityof the tribunals and not of the principles
doubt to solve,whether
there was
Whenever
as
involved.
a
After

Proceso

contra

Archive

hist,

MBS., Kk,

138.

"

Bibl. national,

53.

Universityof Halle,Yc, 20, T. I.

Libro 812, Lima, fol. 20-1; Leg.
Simancas, Inquisicion,

of Library of

MSS.

Archive
VOL.

Mari G6mez
(MS. penes me).
nacional,Inquisitionde Toledo, Leg.

de
in

552.

TOETURE

34

[BOOK

of the evidence,the intention

sufficiency
completenesswith which he had denounced

to the

the
or

inscrutable

other

In not

course.
an

matter,

few

to torture

recourse

indeed, there

cases,

infantile confidence in its power

almost

of the

his
was

to

seems

as

VI

accused,
associates,
a
thing of

have

been

universal solvent.

trialat Valencia for Judaism,

on
Castellon,
baptized and was promptly tortured to find

1710, Fernando

About
claimed

to be

not

out, but without

success.1

deal with

Moreno,

Anton

views

liberal

too

In
an

to

as

the Toledo

1579

tribunal had

aged peasant, accused

of entertaining

seemed

salvation;torture

to

the

only

the turns of the garrote,he was

of definition and, between
means
made
to express his opinionsas to the savingeffects of death-bed
repentance and the viaticum on a sinner who had been duly

baptizedwith

in the

ludicrousness
the beliefs of
of

the water

scholastic

of the

Holy Ghost.

ghastly

was

to ascertain
attempt, under such persuasion,

old man,
theology,ending with

an

There

untutored

of

on

these subtle

the

result

abjurationde

questions

that

he

was

levi,with

a repriadjudged to be worthy only

mand
in the audience-chamber.2
and hearingof a mass
in the latter half
of the Inquisition
As the activity
diminished,
of the eighteenth
century, the use of torture naturallydecreased
for it
but, until the suppressionin 1813, the formal demand
was
preservedin the accusation presentedby the fiscal. One

VII, on his restoration in 1814,

early acts of Fernando
the issue of a cedula,July25th,addressed to all officersof justice,
in
the
Council
learned
when
that, 1798,
Royal
reciting
that,

of the
was

accused

subjectedto the severest

it investigated
the matter and found
pressure to extort confessions,
and
other methods
less rigorous
that thumb-screws
or
more
were
sequently
employed,and that this was without authorityof law: conin the courts of

Madrid, the

were

February 5, 1803, the discontinuance of these was

ordered,except fetters to the feet,and at the same time inquiries
on

made

of all courts in the

kingdom showed that various kinds of

compulsionwere used whereby the innocent were sometimes compelled
themselves
In
of
to convict
allof this Fernando
falsely. view
ordered that in future no judgeshould use any kind of
now

pressure

or

torment

to

obtain

confession

testimony from witnesses,all usages

1

Archive

hist, national, Inquisition

de

MSS.

Library of Univ. of

to the

from

or

contrarybeing abol-

Valencia,Leg. 3, n. 7, fol.443.
Halle,Yc, 20, T, I.
'

of

the accused

CHAP.

VII]

FEES

This

ished.1
lander

the

before

it

April

tribunals

the

to

doubting

for

reason

no

Bullarium

the

According

to

if

real

to

the

sufferer

the

if

that,
and

is

took

upon

the

to

trial

from

accused

the

C6dulas

de

Llorente,

Ordenanzas

guardar
4

Roma,

Deer.

was

where

los

Hist.

concejo

Relatores,

Sac.
Fondo

Cap.

crft.

del

Cong.

etc.,
Stt

Camerale,

the

of

XLIV,

de

Real

fol.

Officii,
Congr.

p.

Art.

xxv

p.

del

su

S.

lay

of

the

arrest

necessarily
the

1681,
end

not

included

with
the

among

sequestrated

In

estate.

much

so

in

vision
pro-

money.3

in

did

used

nothing

torture,

seen,

was

courts

is

receive

tribunal

which

cases

more

relieved

1614,

fee.4

(Valencia,

99

1,

n.

1814)

38.

Magestad

(Valladolid,
508

there

Congregation,

the

78,

n.

for
to

have

we

torture

of

the

half

'to

or

In

lieu

the

the

against

VII,

Fernando

in

undoubtedly

payment

executioner

justifying

as

In

ducats.

decision

and,

payment
four

charged

indiscriminately,

offences

the

the

torture,

garments

last

at

1553,

is

see

in

disgrace.

tormentor,

sequestration,

Inquisition,

Roman

his

municated
com-

this

executioner

for

outlay

the

the

of

costs

the

increased

confiscation,

the

with

itself

his

all

appears

that

threatened.

pay

where,

Inquisition

had

fee

to

be

of

administering

only

take

to

accompanied

was

for

poor,

allowed

not

the

In

is

he

fee-list, of

this

brief

assume

relieved

31st,
in

Portugal.3

such

no

of

torture

that
and

may

career

or

was

obliged

we

its

real

infliction
was

and

VII,

one

France

France

March

of

use

ordered

this, although

arancelj

an

the

of

closed

Office

entitled

was

Pius

of

Holy

Spanish

ambassadors

de
of

and,

removed

were

Rome

but,

heresy

Gazette

from

had

Inquisition
actual

doubts

the

forbidden
and

with

all

letter

Inquisition,

the

the

to

do

to

that

us

had

pope

the

of

tells

contained

1816,

that

stating

little

reorganized,

Llorente

VII.

applied

it had

thoroughly

was

14,

have

scarce

Restoration,

Pius

by

can

35

los

Aranzeles

que

han

de

1556).

(Bibl.

del

R.

Officio,

Vol.

3.

Archivio

di

Stato

in

CHAPTER

VIIL

TRIAL

THE

procedure

THE

rather

conviction

resemblance

salvation

seek

to

bear

and

hardened

as

and
The

arrest,

have

Evidence

great

extent

and,
to

while

in

every

settled
if

or

way
in

the

suspicion

of

was

It

outward

the

conviction;

and,

in

of

the

when

in

that

remained,

itself

treated

was

his

by careful

guilt

was

and

either

embarrassed

cloubt, it

was

reservation

crime

was

tribunal,

about

bring

the

years,
he

prison,
of the

business

all this

naries.
prelimi-

for

cases

secret

with

always

confess,

aggravating

limited

of

him.

on

to

evidence,

the

was

outcome

torture-chamber,

refusal

his

justice, to

defence

contritely

imposed

some

the

was

forms

expected

penalty.

into

thrown

scientificallybrought

was

preceded

accumulated,

bore

accused

was

and

be

mercy

severest

was

it

of the

conscience

sufficient

the

prejudged.

preserving

confession

who

bodily,

seen,

was

accused

the

guilt

sinner

confession, and

worthy

we

as

when

The

pertinacious impenitence,

him

rendering

in

considered

was

procuring

to

respects

some

his

and

induce

to

of what

face

in the

as

might

penance

him

upon

in

unburdening

kinds, mental

of all

Pressure

treated

was

by

whatever

accepting

to

he

directed

was

confessional.

of the

and

assumed,

was

justice, and

than

that

to

Inquisition

the

of

was

that,
due

deserving

punishment.
In

earliest

the

period

method

estilo,or recognized
crowded

despatch

the
in

the

trials

paid
are

the

upon

business,

the

success

enormous

hasty

and

imperfect, showing

forms

that

might
meant

needs
(36)

of the

de

autos

delay.

cause

to

with

situation

supplement
such

and

the

the

the

this

was

is

records

Instructions
traditional

regulations
to

in

seen

of

the

little attention

that
The

work

object

main

The

fe.

absolute

no

enormous

attained

frequent

crude, merely
the

and

and

the

In

procedure.

inexperienced tribunals,

inquisitorial procedure
to

of

formalities

few

were

and

are

to

of

there

as

intentions

should
of

of

was

1484

system

adapt
Ferdinand

of
it

CHAP.

and

AUDIENCES

VIII]
Isabella.

They

37

largelydevoted to the questionsof confiscation

and the fines accruingunder the Edicts of Grace and,
for the rest,they conclude by sayingthat,as all circumstances
be foreseen and provided for,everything
cannot
is left to the
discretion of the inquisitors
who, in all that is not especially
scribed,
premust
conform
themselves to the law and act according
are

to the dictates of their consciences

for the service of God

and

the

sovereigns.1The result of this discretion was that,in the assembly

in 1488, a long debate was
of the inquisitors
requiredto reach
the conclusion that there should be uniformityin the procedure
and acts of all the tribunals,
the existing
diversity
having led
embarrassments.2

to many

It is therefore

worth

scarce

while

to

examine

in detail the

simple and varying forms of this period,

except as we shall find
them
in comparison with later practice.The desired
interesting
uniformitywas graduallyattained by the Suprema which, under
the independentorganization
of the SpanishHoly Office,
developed
elaborate system of procedure,
set forth in the Instructions of
an
in 1568, with all necessary
formulas in the
1561 and furnished,
Or den de Processar of Pablo Garcia.
Subject to such changes
the standard
as subsequentexperience
demanded, this remained
less exactitude by
to the last and was
or
followed,with more
the tribunals.

the accused

When
in the

was

into the secret

thrown

heard

was
hurry of the earlier period,

promptitude,but subsequentlyit became

to exercise their discretion as
inquisitors

prisonhis

case,

and

despatchedwith

the

custom

for the

they would
and
shall see what
exasperating
interposed.He could,however,
when

to

them, and we
calculated delaysthey sometimes
invariable rule to
an
ask for an audience at any time, and it was
that he might have an impulse
grant such requests,for the reason
to repentand confess which might be transitory.Such audiences,
When
moned
sumhowever, did not count in the progress of the case.
to tellthe truth
sworn
to his firstregularaudience,he was
call him

before

in this and
he
1

might

all future

see

Instrucciones

hearingsand

or

hear, and

de

1484,?

28

as

to

keep silence as to all that

everythingconnected with his
to

fol. 8). Substantially

repeated in the
(Arguello,
ters,
the addition that,in important matthe sovereignsfor orders.
Arguello,fol. 11-12.
f
ol.
9).
(Arguello,

of 1485, with

supplementary Instructions
shall applyto
inquisitors
2

Instrucciones

de 1488, g

"

TRIAL

affair. He

own

made

was

[Boos:

VI

to declare his name,

his age, his birthplace,

length of time since,his arrest.

occupationand the
if the case was
After these formalities,
of heresy,there came
one
into his genealogy. This, which
accumulated
an
investigation
and facilitated
of information as to all infected families,
a mass
not a feature of the early
was
greatlyresearches into limpieza,
stillvery informal,
in those of from 1530 to 1540, it was
trials;
but by the middle of the centuryit had become minute, extending
all uncles,
back to two generations
and including
aunts and cousins,
of what race they were, whether any of them had
describing
been tried by the Inquisition
and, if so, how punished. The
his

of this takes

ludicrous aspect
in the trial at Lima, in 1763, of a Mandingo negro slave for superstitious
and
had
of
been
He
cures.
was
brought
seventy years
age
from
Guinea when
but
a
was
interrogatedminutelyas to
child,

punctiliousobservance

parents and

uncles
grandparents,

declare that

they

that

of them

none

been

had

The
by the Inquisition.1

aunts, and

and

made

was

to

of negroes, and
penanced,reconciled or punished

all of the

were

somewhat

and

race

accused

caste

then

was

his

to
as
interrogated
the rites of religion;

baptism,confirmation and observance of

he was made to signand cross himself,
repeatthe creed and usual
of his past life.
to give an account
prayers, and finally
the results were
of which
After these .preliminaries,
carefully
he
h
e
asked
whether
or
was
knew, presumed
recorded,
suspected
the cause
the replywas
in
With rare exceptions,
of his arrest.
the

negativeand

three monitions.
but toward

followed

then

There

1490

an

is

known

was

as

the first of

trace of these in the earliest trials,

no

informal

what

monition

makes

its appearance

and

the Instructions of

presentedwithin
that time

the

the formal accusation to be

1498, in requiring
that within
ten days after arrest,prescribed

shall be

admonitions

necessary

given.2 In

1525

letterof

Manrique shows that these monitions then were three,

observed,and in trialsfrom that
they stillwere
negligently

but
time

until 1550

they vary

After the Instructions

established rule in
1

2
8

Pablo

of
of

cases

none

to three.3

1561, the three monitions became

heresy,while

fol. 9." MSS.

Garcfa,Orden de Processar,

Instructions
Archive
de

from

de

1498, "

y Mari Serrana

n.

sufficed in

of Bibl. national

lighter
de Lima.

(Arguello,fol. 12).

Lib. 933.
de Simancas, Inquisition,

Toledo, Leg. 231,

one

the

72, fol.

(MSS. penes me).

46.

"

"

Archivo

Procesos

hist,

contra

national,Inquisition

Maria de Paredes

CHAP.

THE

VIII]
The

matters.

THREE

formula

MONITIONS

formidable.

was

that, in

the

evidence

of

no
Holy Office,
his having done

or

to the free exercise of the

faith

the

believe

that

he

the

Therefore,by
blessed
memory

has

and

been

one

accused

arrested without

was

told

was

sufficient

witnessed

or

due

to

admonished

was

The

something contrary to
so that he must
Inquisition,

brought hither

reverence

Mother, he

39

confess the whole

on

such

information.

his

gloriousand

God

and

and

charged to

truth

to what

as

search

he

his

feels himself

of other persons, without concealment

or knows
inculpated,
for in so doing he will dischargehis conscience
or
false-witness,
he will save
his soul and his case
will be
as a Catholic Christian,
but otherwise
despatchedwith all speed and befitting
mercy,
justicewill be done. At intervals a second and a third monition
were
given,the last one ending with the warning that the fiscal
desired to present an accusation againsthim, and it would be for
his benefit,
both for the relief of his conscience and
for the
favorable and speedy despatchof his case, if he would
tell the
truth before its presentation,
thus he could be treated with
as
the mercy which the Holy Office was
to show to good conwont
fessors;
otherwise
and

he

justicewould

was

warned

that the fiscal would

be heard

be done.1

exceedinglyeffectual pressure to bear upon

whether
the anxious prisoner,
when the system of delay,
especially
left him for months, and
calculated or merely procrastinating,
shut out from the world,brooding
perhapsyears, to lie in his cell,
himself with conjectures
dence
his fate,
and torturing
as to the eviover
He
assumed
to be conclusive againsthim*
so confidently
to dischargehis conscience,
was
being kept
simply admonished
This

in the

brought an

dark

as

to the

to search his heart and

before

of which

crimes

guess
the terrible tribunal.

as

to what

This

he

was

he had

had

accused, and left

bringhim
that
utility

done to

the further

it led to confession of derelictions unknown

in many
cases
the prosecution,
his impassiblejudgescoldlyacceptinghis
and

remanding

and
his memory
This cruel device of

search

him

to

his cell with

1540

Pablo

lations
reve-

adjurationsto

clear his conscience.

withholdingall knowledge of
introduced gradually. In some

appears to have been

intimations of the nature
about 1530, slight

given,but by

fresh

to

completereticence
Garcia,Orden

seems

the

charge
cases, of

of the accusation
to be

are

general. There

de Processar, fol. 10, 15.

CHAP.

VIII]

dupes

of

THE

some

ACCUSATION

41

pretendingto

women

all arrested and

he

thrown

have

revelations.

They

in

prisonSeptember 9, 1649.
In repeated audiences
he vainly sought to learn the charges
againsthim; he fairlygrovelledat the feet of the inquisitors;
he made
of everythingconcerninghimself
profuse statements
he submitted himself humbly to the Church
and his accomplices;
and was
ready to confess whatever was requiredof him, but all
The strain proved too great for a mind not overly
to no purpose.
and it began to give way.
The first symptoms
well-balanced,
after an incarwere
complaintsof demoniacal possession,
ceration
followed,
of two years and a half,
by his writinga paper full of the
wild imaginingsof a disordered brain,in which he denounced the
as
a
Inquisition
congregationof demons and the Jesuits as the
most detestable enemies of God.
Then he lay in his cell for more
than two years, until,
herent
July 23, 1654, he presentedanother incothan
Finallyhe died,April30, 1656, after more
paper.
six and a half years of imprisonment,without ever
learningof
what he was
His body was
accused.
thrust into unconsecrated
continued againsthis fame and
was
ground and the prosecution
On
May 11, 1657, the fiscal at last presented an
memory.
informal accusation for the purpose
of summoning the kindred to

were

was

the case; on October 22,

the arrest,the formal accusation
defend

de

Brunon
impracticable,
burnt in the auto
was
effigy

was

than

1659, more

ten

presentedand,

was

Vertiz

as

condemned

was

de fe of November

of the

after

years

defence
and

same

his

year.1

warned
monition, the accused was
that,
there
the fiscalwould presentan accusation,
if he did not confess,
was
implied deceit for,whether he confessed or not, the trial

When,

went

on

in the third

in its inevitable

audience,after he
introduced
This

had

with the

formidable

It

course.

to
replied

the

usuallyin
monition,that the

to which he
accusation,

document

was

framed

the

was

so

swore
as

same

fiscal was

and then retired.

to be

as

terrifying

that the
represented

accused,
possible.In cases
the fear
being a Christian baptizedand confirmed,disregarding
with greatcontempt for
of God and of the Inquisition,
of the justice
of his own
scandal of the peopleand condemnation
soul,
religion,
an
perjurednegativoand
had been and was a heretic,
impenitent,
of heresy it

as

This ease, from the

detail in "Chapters from

MSS.
the

Fergusson Esq., is given in greater

ReligiousHistory of Spain," pp. 362-73.
of

Daniel

TRIAL

THE

42

[BOOK

VI

feignedconfessor;that he had committed many and most grievous

crimes againstthe divine majesty and the free exercise of the
fautor and receiver of heretics.
Then
and was
a
Inquisition,
followed the recitalof the acts developedby the evidence,arranged
in the most
and exaggerated
and presented
in articles,
reduplicated
odious light. Besides this he was
a
by refusingto
perjurer,
after swearing to tell the truth,from
confess in the audiences,
which it was
presumablethat he was guiltyof other and greater
accused generallyand would
be
now
crimes, of which he was
Wherefore
the fiscal prayed that the
in due time.
specifically
accused should be found
demning
guilty of the crimes recited,conhim
to confiscation and
relaxinghis person to the
and declaringhim to have incurred all the other
secular arm
and disabilitiesprovided by papal letters,
instructions
penalties
of the Holy Office,
and pragmaticasof the kingdoms, executing
them with all rigorso as to serve
and
as
a punishment for him
an
example to others. After this followed the terrible clause,
known
the Otrosi,
as
demanding that he be tortured as long and
to force him to confess the whole
as often as might be necessary
truth.
feature of the accusation was
thoroughlyunjustifiable
that,
evidence of other misdoingsof the accused,wholly
if there was
of the Inquisition,
outside of the jurisdiction
they were inserted
One

because, as the Instructions of

aggravationof his heresies

be derived

may

As

soon

article

as

and

indications

and
by article,
taken

the

remark, they

show

his unchristian

to matters

as

the accusation

1561

was

as

an

whence
life,

of faith.1

read,it was

accused, while

serve

gone

over

stillconfused

again,
by its

advantage,wholly unprepared and without

assistance of any kind, was
each on the spot,
requiredto answer
his repliesor explanations
being taken down by the secretary
menaces,

as

an

part of

the record of the

advocate

The

at

case.

After this he

was

told to choose

to aid in his defence.

of

allowingcounsel in criminal cases is so comparatively

recent in Englishlaw that their admission by the Inquisition
be regardedas an evidence of desire to render justice.
may
In Spain,however,it was
customary, and defendants too poor to
retain them
were
suppliedat the publicexpense. In the royal
custom

Instrucciones de 1561, ? 18 (Arguello,fol, 29)

CHAP.

THE

VIII]

ADVOCATE

FOR

THE

DEFENCE

as
chaneelleria,
organizedby Ferdinand

abogadosde

two

los pobres.1In the

its earlier

counsel
centuries,

it became

undertook

settled
the

defence

and

functions

of
principle

the

and

there were
Isabella,
medieval Inquisition,
during
allowed to the accused

not

were

and

law that advocates who

canon

of heretics

43

suspended from

were

perpetuallyinfamous.2

the

close

of the fifteenth century, however, in witchcraft trials,

we
advocates admitted,but under the strictlimitations that we

find

clients

of their

defence

showed

themselves too zealous in

subject to excommunication

were

When

heresy.3
the Spanish Inquisition
was

matter

of

of

trained

in

that the accused

course

attended

who

shall

as

of

fautors

those who

Spain, and

in

see

were

Towards

their

some

lawyers and

founded,it

therefore

was

should be allowed the assistance

only this but of procurators,

to the business of the defence,
the functions,
performing
while the letrado
sort, of the English solicitor,

the
represented

not

barrister and drew

of trialsat Ciudad

considerable freedom

the

up

argument. In

ber
num-

Real,in

1483,there appears to have been

the accused selecting
of choice,
both cates
advo-

,at Guadalupe,
procurators. During the persecution
in 1485, the defendants were
mostly representedby Doctor de
and

Villaescusa
the

and
This

was

advocate

as

and

arguments in defence
in

de Texeda

Juan

were

with

accordance

order that if the accused

by

the

well and

procurator,

forcibly
presented/

Instructions

shall ask for

as

of

1484, which
advocate and procurator,

an

from the advocate

shall grant the request,receiving
inquisitors
without cavils or malicious delays,
oath to assisthim faithfully,
an
but that if,at any stage of the case, he finds that his client has
his side,he will help him no
not justice
on
longer and report
if the accused has property,they shall be
to the inquisitors;
paid from it,but if he has none they shall be paid out of other
Yet
for such are the orders of the sovereigns.5
confiscations,
nullifiedby the clause requiringadvocates to
this liberality
was
the

de

Real

de

Lib.
Espafia,

II, 55.
Castillo,
2
de
Clavasio
Angeli
8

cap.

i, Tit.

1.

ix,ley

"

Colmeiro; Cartes

de

Leon

\ 20.
Angelica,s. v, HosreticuSj
Lib. iii,
de Strigimag.,
Prierias
35.
P, in, Q. 10, 11,
Malleus Maleficarum,
Summa

"

3.

Inquisicionde Toledo, Leg. 133, n. 46; Leg. 140,

162; Leg. 148,n. 262; Leg. 154, n. 356, 375." Boletin,XXIII, 295, 306.
5
foL 6),
Instrucciones de 1484, | 16 (Arguello,

n.

Fuero

ArcMvo

hist, nacional,

THE

44

TRIAL

[Boos

VI

thus destroying
all confidence between them
betray their clients,
the defence.
It was, however, in accordance
and fatally
crippling

with

the ethics of the age, and

to render

manner

It would

rules and

asserted discretion to
and

to conduct

developedin

it

how

see

services of the advocate.

chafed under

that the tribunals sometimes

seem

advocate

had

the
illusory

shall

for,in

disregardthem

Diego Garcia,in 1488, when

priest,

of the
an

we

he

these

the

case

told to select

was

procurator,the fiscalrefused consent, and he

his own
defence,though,at a subsequent stage
a

trial,Diego Tellez appeared for him.1

It

possibly
and of other impediments to the
of such cases
in consequence
defence,that the Suprema issued a provisionthat all prisoners
should be allowed to take a procuratorand advocate,
providedthey
Also that the children and kindred of the
were
fitting
persons.
from consulting
accused should not be prohibited
as they
as freely
pleasedwith the counsel,and that he should have copiesof the
the depositions
of the witnesses and other papers in
accusation,
of the

conformitywith the Instructions.3 All this,which

of justice,
by the simplestdemands
became, as
dead

was

was

demanded

we

shall see,

letter.

dangerawaitinga too zealous advocate was not purely

is seen
nand's
in the case of Casafranca,
deputy of Ferdihypothetical
of Catalonia,who
burnt in the
was
treasurer-general
That

the

January 17, 1505, and his wife in that of June 23d;

his father-in-law had been reconciled and his mother, after condemnation,
died in the secret prison. Francisco
Franch, the
had defended
royal advocate-fiscal,
Casafranca,and the Inquisition
unsuccessful
for
him
his
his
to
avert
prosecuted
attempt
client'sfate,
althoughat that time he had risen to the positionof
auto

de fe of

Regent

of the

deputed

to hear the case, but

royal Chancellery.Ferdinand,who felt much

interest in his behalf,
Deza
made Inquisitor-general
write in his
favor to Francisco Pays de Sotomayor, an
inquisitor
specially
humiliation and

dishonor.

sentence
to induce

the

-he

in which

this did not

save

him

from

bitter

February 28, 1505, Sotomayor

his offence

was

described

as

nounced
proendeavoring

witness to revoke his

and as impeding
testimony,
by useless and procrastinating
delays,by which
Inquisition
had incurred excommunication, and moreover
he was
guilty
a

Archivo

hist, nacional,Inquisicionde Toledo,Leg. 99, n. 25.

Archivo

de

Lib. 933, p.
Simancas, Inquisicion,

259.

CHAP.

VIII]

OFFICIAL

ADVOCATES

45

of

perjury by assertinga false and erroneous

for
conclusion,
all of which he had humbly begged pardon and mercy.
After
obtainingabsolution from a priesthe was to stand the next day
before the high altar of Santa Maria de Jesu during mass, with
a lighted
candle,in penitential
guise,and forfeit all payment for
his services

which

"

Both

estate.

but there

have

he

delayin

and

the fiscal acceptedthe

fiscated
con-

sentence,

his

inserted since it was

appeal to

of Casafranca's

out

come

public penance, for he refused to utter

interlined in the sentence,which he asserted had

was

certain words
been

would

read to him.

The

fiscal threatened to

the

and demanded
that Franch
be
inquisitor-general
detained in prison until the appeal was
decided,whereupon
he yieldedand the ceremony
was
performed on March 1st.1
When

the efforts of counsel in behalf of their clients were

thus

effectually
discouraged,
nothingbut the most perf
unctory sendees
could be expectedfrom them, and the inquisitors
need apprehend
trouble.
Even this,
little
however,was thoughtto givethe accused
too much

by deprivinghim
the function to

zeal

was

averted

of the

one

relied upon

be

all risk of inconvenient

chance, and
or

rightto select his defender and confining

two appointees
of the tribunal,
who could

to favor

the faith.

The

first intimation

of this

in the memorials
of Jaen and Llerena in 1506,
policy comes
that the inquisitors
which
refuse to allow the
complain bitterly
accused to select their advocates and procurators,forcingthem
will do their bidding. The
to take such as they appoint who
enemies
of the people,who
describes them
Jaen memorial
as
desire arrests to be multiplied,
they charge three thousand
as
in every case which, for the two hundred
maravedis
prisoners,
This abuse, probablyorigithousand.2
amounts
to six hundred
nating
with

Lucero,

was

so

conformable

to

the tendencies

of

Holy Office that it graduallybecame the rule. In 1533, one

should
that prisoners
of the Cortes of Monzon
the petitions
was

the
of

and to this
procurators,
made.3
In 1537 the abogados de los presos
direct answer
was
no
officialsappointedby the tribunals.
as
already recognized
were
entitled to conduct the defence and, in
exclusively
They were
be allowed to select their advocates

Carbonell

de

Gestis

Hseret.

and

(Coll. de Doc. de la C. de Aragon, XXVIII,

167,169, 171, 213).

2

Leg. unico, fol. 43, 44.

Real, Inquisicion,
fol.
47, 48.
Barcelona,Cdrtes,Leg. 17,

ArcMvo

de Simancas, Patronato

Ibidem,

Inquisicionde

TRIAL

THE

46

[BOOK

VI

said that,if the party

1540, the Suprema, in replyto a petition,
desired a different advocate,it could only be on condition that he
act in consultation

should

withdrawn

was
privilege

official counsel should

for,in 1562, Valdes

communicate

with

this poor
decreed that the

able to find

not been

had

could select one,

accused

Even

other advocate.1

no

that,in 1551, the Suprema had admitted

is true

the

with the officialone.

that,if

It

the tribunal

lawyer for appointment,

fitting
but this was
merely yieldingto
a

necessity.2
for an
his
The chief qualification
abogado de los presos was
limpiezaand that of his wife; his subservience to the tribunal
assured by his dependentposition,
was
but,to render this more
tribunal
about 1580 the Suprema ordered the Lima
absolute,
and
an
probably all others to make its advocates familiars,
"

"

office which

bound

them

to the

strictest obedience.3

Allowing

there is probablytruth in the

for natural exaggeration,

description
given,in 1559, by Antonio Nieto,a prisonerin Valencia,to his
Luis Verga, who, after his first audience,
cell-mate Pedro
was
himself on Inquisitor
felicitating
Arteaga'spromise to give him
and

advocate

an

procurator. Nieto

told him

not

to

count

might givehim an advocate he

for,though the inquisitor
would
give him nothinggood, but a fellow who would do only
wanted
what the inquisitor
and, if by chance he asked for an
advocate or a procuratornot of the Inquisition,
they would not
serve
for,if they went contrary to the inquisitor's
wishes,he
false
would get up some
belief or want of respectand
charge of
upon

it

cast

them

The

into

advocate

prison.4
thus

became

of the officialsof the

tribunal,
working
duly
inquisitors.
find him of Valencia petitioning
In 1584, we
to have
a
place
assignedto him in the autos de fe,where he could be recognized
as such
and, at his ease, see his clients sentenced. The petition
was
grantedand he was allottedthe last placeamong the salaried
officers.5 This became the established rule,
and commissioned
but
in time professional
at thus beingrelegated
dignitywas wounded
inferior to the messengers and apparitors
to a position
and gaolers.
salaried and

Archive

Ibidem, fol. 19.

MSS.

de

one

in full accord

with

Lib. 939, fol.

Simancas;Inquisition,

of Bibl. national

the

98.

Lima, Protocolo 223, Expediente

hist, national,Inquisition
Archive
de Valencia,
Leg. 377*
fol.
81.
Ibidem, Leg. 5, n. 1,
de

5270,

CHAP.

FUNCTION

VIII]

Valladolid

In

to outrank

and

OF

Granada

THE

the

ADVOCATE

advocates

47
obtained

promotion

the

physiciansand surgeons and, in 1670, the Licentiate

Juan
Marquez, advocate in the Seville tribunal,addressed
to the Suprema a formidable memorial
of seventy-five
quarto
of
and
fifteen
text
of
t
he
index,representing slightthus
pages
and
forth
the dignity
of the legal
put upon them,
setting
profession,
the

respectdue

to its

and,
learning

regards the advocates of

the confidential position occupied and
prisoners,
the fidelity
with which they served the tribunals. It seems
to have
never
occurred to him to put forward a claim based upon
to
fidelity
as

their clients.1
In

fact,the so-called advocate

simplyan officialinstrument
for securingconfession and conviction,
for which
his ostensible
positionof friendlyadviser gave him peculiaropportunity.No
between
communication
him and his client was
allowed,except
the
of
in presence
and of the secretary,who
made
inquisitors
record of all that passed between
them, thus keeping watch to
that he performed his duty. It is true that he was
see
sworn
and diligence
to defend the prisonerwith all care
and fidelity,
if there was
ground for it,and if not to undeceive him, but his
real duty is described as urgingthe prisonerto confess fullyas
and to throw himself upon
the mercy
to himself and others,
of
the tribunal,for by denial he would
his case and
onlyprejudice
suffer in the end.2
How
this was
treated,
any deviation from
in
in
the
of Benito Ferrer, 1621, before the Toledo
case
appears
his advocate Argendona suggested
tribunal. In the consultation,
who promptly
to the inquisitors,
some
pointsof defence displeasing
ordered

him

out

was

of the audience-chamber
and

to his cell to refresh his memory

and

two

days later Argendona had

to

and

sent Benito

back

dischargehis conscience,
put in the

written

defence

The Licentiate Egas

without further opportunityof conference.
had a more
accurate
conceptionof his duty, when servingas
advocate

for Isabel

Toledo.

The

to induce

officialrecord

Arcn
2

that, after unavailingefforts

any enemies
she named

wanted to despatchthe
Inquisidores
this would avail her nothing,for there was

juridicoque por

los Abogados

de

Presos,etc. (BodleianLibrary,

Seld, i. 23).
Archivo

in

the Senores

ease, he told her that

Memorial

Protestantism

confess,he asked whether she had

which he could frame a defence,when

several,
but,as

states

her to

disable,on

to

in 1571, for
Reynier,tried,

de Alcala, Hacienda,

Leg.

5442 (Lib. 6)

CHAP.

PROCURATORS

VIII]

NOT

ADMITTED

49

depositions.To repress all initiative on his part-he was

hibited
profrom puttingforward any defence save
the
accused
what
in
their
might suggest,
open consultations in the audience-chamber,
to call for any

or

witnesses whom

the latter did not name,

and the
instructed to punish any infractions of this rule
troublesome
and impeded the course
of business.1

were
inquisitors

they

because

If
had

were

advocate

an

him
rightto interrogate

the

defence, the

the

defence

knowledge
would

in

sources

every

was

zeal,the inquisitors

to the measures

as

of his information

and

obligedto play

was

way

fiscaPs hand

the

while

suspectedof undue

was

carefullyguarded,

was

permitted as served

to confuse

taken

for

other

details;
sur
table,
only such

cartes

and

and

mislead.

It

under such regulations,

that advocates
likely,
would be guilty
of reallyassisting
their clients,
but to guard against
derelictions of duty,inspectors
such possible
were
ordered,when
to
visitingtribunals, inquirewhether they defend the accused
whether
"maliciously" and employ cavils for delay and finally,
not they are necessary.3
or
At the same
the Inquisition
time, in its affectation of fairness,
insisted on the accused having counsel. When, in 1565, Pedro
seem

scarce-

Hernandez

was

at Toledo

tried

conversion
professed

once,

select

advocate

an

for him

he

to have

and

for

Calvinism,he confessed

begged for mercy.

When

refused,until informed that itwas

one

to conduct

his defence.

Of

at

told to

tive
impera-

course

this

formalityfor he was duly burnt in the auto de fe of

17th.3 Inquisitors,
June
were
requiredto admit all
moreover,
offered to them, and to listen to any one
who might
documents
was

have

mere

the hardihood

to appear

in favor

of

prisoner.4

Simultaneously with the development of restrictions on the

of the procuratorcompletedthe sysadvocate,the disappearance
tem
to control the defence as well as
of enablingthe inquisitor
the prosecution.One of the latest references to the procurator
is a regulation
of 1545, which infers that, if the accused made
the tribunal would grant him one, with the reservation
application,
entitle the kindred

that this did not

1

Archive

Orden
2

de

aid in the defence.5

Lib. 939, foL 98, 103."

Inquisicion,

de Simancas,

Processar,fol.

Archive

to

Pablo

Garcia,

24.

de Simancas,

Leg. 250,
Inquisicionde Canarias,Exptes de Yisitas,

Lib. i, fol. 8; Lib. in, fol. 3.

" MSS.
of Library of Univ. of
*

Archivo
VOL.

de
in

Halle,Yc, 20, T. VTEI.

Lib. 939, foL 98,
Simancas, Znquisicion,
4

99.

Ibid, fol,98.

THE

50

jealousyof outside

This

TRIAL

assistance

VI

[BOOK

increased
constantly

and

some

to refuse
Cordova, commenced
of the absent
admission to procurators,except in prosecutions
of witnesses to
and dead; the kindred might suggestthe names
who
would summon
and examine them.
Finally
the inquisitor,
Cervantes,when in 1560 he made a reporton Barcelona,
Inquisitor
of pointingout the disadvantagesof such
took the opportunity
of the accused;throughthem, he argued,the case
representatives
became
known, they anticipatethe witnesses before they give
them and furnish to the accused
evidence,they are able to identify
The Bishop of Avila,a member
of
for disablingthem.
reasons
the Suprema, promptly admitted the force of this,and declared
that procurators
ought no longer to be allowed. This opinion
prevailedand, in the Instructions of 1561, their admission was
forbidden,although in case of necessity,specialpowers might
be given to the advocate.1 They continued, however, to be
appointedin trials of the absent and dead, where it was

tribunals,such

unavoidable.
of the

as

The

Spanish and

Seville and

did not follow this example

Inquisition
allowed the employment of procurators.2

Roman

Besides the advocate

known

as

there appears

curador, or

the

trials a personage
livingevidence of the

in many

guardian,a

toward the helpless.Followingthe

fatherlycare of the Inquisition
traditions of the Roman
law, Spanishjurisprudence
providedthat,
had
attained
the full
not
in suits and actions involvingthose who
years, the assent of a curador,either permanent
age of twenty-five
acts of the
or
temporary ad hoc,was necessary to validate the legal
of the youthful
intended for the protection
minor.3 This provision,
and

incapable,was

because

it

was

of the Inquisition,
retained in the practice

necessary

to render valid the various

acts of the accused in the successive steps of his

that it might not

by any chance be of value

the custom was
Holy Office,

the secrecy of the

the
the advocate or preferably

or
gaoler,

to

compulsory
but in order
trial,

him, and

to preserve

adoptedof appointing

messenger, or some
As it was
curador.

underling of the tribunal to serve as

whollysubversive of the objectfor which the function was

other
thus

created,

de Barcelona,Leg. 15, foL 2.

(Arguello,foL 31-2).
2
Decret. Sac. Ccmgr. S* Officii,
p. 496 (BibL del R. ArcMvio di Stato in Roma,
Fondo camerale,Congr. del S. Officio,Yol. 3).
3
Partidas, P. vi, Tit. xvi, leyes 12, 13, 14." Hugo de Celso,Reportorio de
las Leyes, s. v. Curador (Alcala*,
1540).
1

Archive

Instrucciones

de Simancas,
de

1561, " 35

Visitas
Inquisicion,

"

CHAP.

VIII]

there is
which

THE

CURALOE

51

grotesque cynicismin the pompous

the curador

formalities through

into the proceedings.He took

interjected
solemn oath that he would
a
and faithfully
defend his
diligently
all that was
to his advantageand
ward, alleging
preventingall
that was
injurious,
advisingwith his advocate and doing all that
could
do for a ward.
a good guardian
And, if the latter,
through
his negligence,
suffered injury,
he pledgedhis person and property
it good,givingas security
to make
another person (a fellow subordinate
who united with him in the liability,
and severally,
jointly
all
defence
and placing
renouncing
legal
themselves and all their
in
possessions the hands of the inquisitors.1
Being thus a mere
rather a deception,
or
formality,
involvingthe perjuryof those
who took the formidable oath,it may
be dismissed from further
consideration,
except to cite a case illustrative of the rigidformalism
of procedure. In 1638, at Valladolid,
Blanca Enrfquez,
trial for Judaism, representedherself as twenty-two years of
on
given a curador. She confessed to having
age and as usual was
been reconciled at C6rdova, nine or ten years before;a vote in
was

discordia carried the

to the

Suprema, which discovered that

her previoustrial had occurred in 1623, when
she was
fifteen
case

and

consequentlyshe

had

rendered

to be

the

repeatedfrom

There

was

thirty.The curador
trial irregular,
and the Suprema
the beginning.2

another

was

form

therefore

now

ordered

of assistance allowed to the

it

accused,

questionsat issue involved nice theological

points,
beyond the capacityof the ordinaryadvocates. Learned doctors
to aid the accused,after he
called in as patrones tedlogos,
were
In
had been heard in defence of his incriminated propositions.
the propositions
and his answers
read to
were
ordinary practice,
explained
them; to each one they said whether he had satisfactorily
when

the

Processar,fol. 19.
Leg. 552, foL 23.
Inquisicion,
Simancas,
of appointingas curador the advocate or a subordinate official
For the custom
Praxis
procedendi
see
cap. 9, n. 4 (Arch. hist, nacional,Inq. de Valencia).
Arch, de Alcald,Hacienda, Leg. 5442 (Lib. 6). Arch. hist, nacional,Inq. de
Toledo, Leg. 110, n. 31; Leg. 112, n. 64. The object of the appointment of
the curador is frankly admitted
by Pablo Garcia (Orden de Processar,foL 14).
tellsus that,if the
that a recent apologist
Yet it is of this travesty of justice
tribunal
selected for him, from
less than 25 years of age, the
accused was
to assist him
advocates of the city,one
eminent
throughout
the most
among
1

Pablo

Archive

Garcia, Orden

de

de

"

"

"

the

trial." L'Abbe*

1905)

L.-A,

et Inquisitions
Gaffre,Inquisition
p.

105

(Paris,

it

not;

or

he

whether

or

[BOOK

TRIAL

THE

52

whatever

ought to retract,or

other

VI

clusion
con-

they might reach; then the whole was submitted to the

who
pronounced their final censure.1 Nominally
calificadores,
selected by the accused but in this,as in everything
the patroneswere
defence.
the
control
to
When,
sought
else,the Inquisition
told that he could have patrones,
in 1574, Fray Luis de Leon was
from

four

named

he

various

referred the nominations to the

it

whom

accustomed

was

places. The Valladolid tribunal

by asking
Suprema, which replied
give from

to

followed.
who

should

that the routine custom

and, on being informed, ordered

be

its calificadores

among

cadores,
Fray Luis's protestthat he did not want califiset aside;
had alreadypronouncedagainsthim, was
him

but to undeceive

tellhim

and

the accused

defend

to

meant

not

patrones were

what

in his

heresies,

he should believe.

It is

receded from this position

but,by
Suprema finally
take
a man
jugglecontinued for months, Fray Luis was forced to
true that the

did not want, and who was

conference between them
calificador;

whom

he

which

the

course

for

patron rendered

was

only a new and disguised

was
denied,and the opinion

withheld from

the hands

in
theologian,

of the

The

Mm.3

was
Inquisition,

wisest
that

Nieba, in 1642, when on trial at

Valladolid for certain conclusions defended by him in scholastic
He refused both advocate and patrones,sayingthat he
debate.
adopted by Fray

de

Thomas

gians,
subjectto correction by the Church and by learned theolo-

was

he did not

and

propose

to defend the

that,after the accusation

propositions.3
inculpated

read and

answered,
told to choose an advocate.
the prisoner
Possiblytwo names
was
often only
mentioned to him, both equallyunknown; more
were
to refuse and, on his giving
He was
not at liberty
name.
a single
have

We

seen

was

kept in readiness in the

assent,the advocate,who

had

been

called in.

The

proceedingsup to that pointwere

performed the duty of urging his

was

read

him, and

to

client to confess.

he

at

once

Whether

thingin order
announced
similarly

successful
to

that the next

was

in,who

that he

Pablo

Proceso

contra

Archivo

de

Garcfa, Orden

or

not

in

this,he stated

conclude;the fiscal was

and
concluded,

chamber,
ante-

the

called

inquisitors

de Proeessar,fol. 77-8.

Fray Luis de Leon (Col.de Documentos, X. 564-5; XI. 12-49).

Leg. 552, fol.29,
Simancas, Inquisdcion,

CHAP.

VIII]

PUBLICATION

OF

EVIDENCE

53

notified both

partiesof the conclusion. These formalities being

was
formallyreceived to proof. The fiscal asked
over, the case
that his witnesses be ratified and publication
of evidence be made.
have seen, frequently
as we
Ratification,
caused considerable
until
device
the
invented of ratifying
delay,
was
at the time of
When
the evidence was
thus in proper
deposition.
shape,the
its so-called publication.
next move
was
This might or might
not be the final step of the prosecution,
for it never
was
precluded
from bringingin new
and there ^might
be half a dozen
evidence,
successive publications,
more
or
when
of
a
especially
group
trialand they broke down one by one and told
Judaizers were
on
what

they knew

is illustrated
in

by

After

1643.

about

their associates.

the

case

her

case

consulta de fe voted her to

The

effectivenessof this

of

Engracia Rodriguez at Valladolid,

had apparentlyreached its end, the
torture,which was
duly administered,

Then from time to time came

a confession.
eliciting
new
o
f
until
her
resolution
publications evidence,
gave way and, at
eleven months
the seventh
after her torture,she
publication,
confessed to Judaism.
She probablyrecognized
that her kindred
and friends were
after another and incriminating
one
yielding,
her, and that it was useless to resist longer,with the certainty

without

"

of which

would

her

advocate

doubtless

end
indubitably

negatwa.1
of
As this publication

in her

evidence

informed

her

that

"

burningalive as

an

the

ence
persist-

impenitent

onlyinklingafforded to
the accused of what was the case against
him,and as it was assumed
of defence,
itisworth a littlespecial
to givehim ample opportunity
nesses
witconsideration. We have seen that the pretextof protecting
of their names
the suppression
and
held as justifying
was
of all circumstances that might lead to their identification. Even
this crippled
the defence,
under the most rigid
construction,
greatly
not common
but rigidconstruction of their powers
was
among
admitted that portionsof the
it was
When
the tribunals.
once
the selection of what should
be suppressed,
evidence could lawfully
became
known
be made
largelydiscretional.
The endeavor to lay down rules for guidanceas to this led to
less rigidor lax. In 1498,
of instructions,
more
or
an
infinity
the Suprema called attention to the evils that had hitherto followed
wherefore in future care must be taken to omit all
publication,
1

Archive

de Simancas,

was

Inquisicion,
Leg. 552, foL

31.

THE

54

VI

and
clue to the identityof the witnesses,
holding
of withrepeatedin 1499.1 Yet the glaringinjustice

givinga

circumstances
this

[Boos

T"IAL

was

knowledge of details that might enable

but all instructions
recognized,
him to disprovethe charges was
authorized
framed with an "if" that virtually
this were
forbidding
of time and place
For instance,the specification
the wrong.
sable,
indispensaid to have been performedwas
act was
at which
an
false
chance of detecting
to have
a
if the accused were
the
lead him to identify
swearing,yet such detailsmight possibly
gave rise to a series of varying
witness,and these opposingreasons
the
indicate how the Suprema vacillated between
orders which
the advantageand the consciousness of the wrong.
desire to secure
the accused

from

In 1525

it condemned

time

the

place.

and

of the
practice

It

was

Toledo

difficult to

make

tribunal in omitting
the

inquisitors

and, in 1527, a generalorder was issued to state the

less. In
nor
evidence as the witnesses had givenit,neither more
1530 it made a concession by orderingthat it should be consulted
observe

this

statingthe month or year.

rule that placeand time
Then, in 1532, it laid down the positive
that the witness
be stated,for the principle
and persons must
to be construed as preventing
only direct
be protected
must
was
again modified,in
recognitionand not inferential. This was
1537, when, while again orderingthat all the evidence must be
by the old injunctionto suppress all
qualified
given,this was
there

when

circumstances

1560, some

instructions to Barcelona

order that the time should

be indicated in such

generalterms

as

in the definitiveInstructions
Finally,
and placeare ordered to be given,but at the same
is prescribedof all that may
betray the witness.

betraythe witness.

shall not

1561, time

of

in

by which the witnesses could be identified. About

while placeis to
stated,

be

the omission
A

"inconvenience"

was

caution

that

givesa

no

evidence

hint of other

is to be used that is not

of even
irregularities

in the
more

lication
pub-

serious

nature.2

being a matter of supreme importance,it was

publication
trust
to draw it up, and not enpersonally
duty of the inquisitors
who
nically
techwas
least of all to the fiscal,
it to subordinates,
issued in 1529;
the prosecutor.Orders to this effect were

The
the

Archive

de Simancas,

Lib.
Inquisicion,

933.

Lib. 939, fol. 100, 101,102; Visitas de

Archive
de Simancas, Inquisicion,
II. 308." Instrucciones de 1561, ""
Leg. 15, fol. 2." Llorente, Afiales,
Barcelona,
*

31, 32,

34

(Arguello,foL 31).

CHAP.

VIII]

PUBLICATION

OF

EVIDENCE

55

repeatedin the Instructions of 1561 but, in 1568, the

was
obligedto take the Barcelona tribunal to task for

they were
Suprema

allowingthe fiscal to
continued
inquisitors

do
to

it,and

later writer informs

shirk the labor and

that

us

threw it upon

the

secretaries.1
labor

The

and

was

doubtless great,
when

and
loquacious,

the delicate

duty was

fearful
by subordinates,
much

to be known.

The

custom

the witnesses

witness

to

numerous

apt to be recklessly
formed
per-

of rebuke
was

were

if

they allowed

givethe

evidence

too

of each

as deposed by
separately,
person" and, when
it
divide
to
each coveringa separate
practicable,
up into articles,
chargeor fact. In this process the elimination of all circumstances
that might give a clue to the identity
of the witnesses was
easy,
and there was
little scruplein misleadingthe defendant or in
the case.
In
omittingwhatever might be thought to weaken
read to Marl Gomez
the publication
la Sazeda,when
trial at
on

Toledo

"a

in
as

certain

1544, the evidence of one witness is divided and represented

the
with
noted
the
as
given by two,
object,
on
margin,

him.2
In the case of Caspar
preventingher from identifying
tribunal in 1531, the publication
de Torralva,before the same
bears such notes as "the evidence of the seventh witness omitted/'
"the evidence of the eighthwitness omitted/'3
There was
no
control
the
discretion
of the
over
this;
possiblesupervisionor
absolute and the prisoner
at their mercy.
was
was
inquisitors
In many
than a slovenly
the publication
more
was
cases
scarce
of.the fiscaPs accusation and afforded to the accused
repetition
aid in his defence,
de la Barra,
as in that givento Juan
no
possible
of

tried for Lutheranism

at

Toledo, in 1656.4

"When

it

was

drawn

it became
elaborately,
confusingin the highestdegree.
One reads the long array of the assertions,
or the conjectures,
or
the gossipretailed by twenty-five
or
thirtywitnesses,vaguely
said
certain
forth
what
set
or thoughtabout another
as
a
person"
of time or place,and one
certain person, with no specifications
could even
to form
wonders how the prisoner
grasp it sufficiently
of the character and weightof the evidence
any definiteconception
up

more

"

Archive

Lib. 939, foL 101 ; Visitas de Barcelona,

de Simancas, Inquisicion,
fol. 31)." MSS. of Royal
de 1561, 2 32 (Arguello,

Leg. 15,fol.20." Lastrucciones

"

Library

of

Copenhagen,218b,p.

376.

la Sazeda, fol. 55 (MS. penes me).

Proceso

contra

Archive

hist, nacional, Inquisicion de

Ibidem, Leg, 111, fol, 47.

Man

Gomez

Toledo, Leg. 112, n. 71, fol.

52.

CHAP.

prove

THE

VIII]
a

imposed

negative,which
can

character

or

that

do.

He

RECUSATION

57

in most
virtually,
Then he proceedsto

was

the accused.

on

defendant

show

DEFENCE"

call

cases,

the task

define what

the

witnesses to prove his religious

to disable for enmity the opposingwitnesses,
to
or

at

can

certain

attributed to him.

time

Then

on

place he did

or

there

not

say

what

was

generalpleasin abatement,
extreme
youth, second
childishness,
insanity, drunkenness,
of fear
the pressure
thoughtlessspeech,ignorance,jocularity,
under
the judge,
threats,or intense grief.Or he may recuse
should be referred to the Suprema and not to arbiters,
which
much
who cause
delay.1
of a judge was
Recusation
in the traditional
a right
recognized
of Spain.3 It was
admitted in the Inquisition
and we
legislation
have seen, in the cases
of Carranza
and Villanueva,
how little
accused
the
profitedthereby,even when nominallysuccessful.
It was
a recourse
practically
open only to the powerfulor to the
and of necessity
had
trained,at best but a dangerousexpedient,
to be done at the commencement
of a trial. It evidently
not
was
employed often enough for a definite form of procedureto have
Instructions of 1561 requirethat,if an
been provided. The
he must abandon
be recused,
the case to his colleague;
inquisitor
if he has none, or if both are recused,
the matter must await the
decision of the Suprema.3 This would indicate that the recused
nueva
judge retired as a matter of course, but the Carranza and Villaof the prisonerhad to be
cases
prove that the objections
demonstrated
and this is further indicated when
as
legitimate
the troublesome

Jesuit,Padre

are

Juan

Bautista

Poza's

extravagant

approved in Spain.
It took seven
Deiparcehad been
years after his Elucidarium
sition
Index,in 1628, before the SpanishInquiplacedon the Roman
could be compelledby the nuncio to prosecutehim for Ms
condemned

Mariolatrywas

rebellious defiance.

When

at

on

Rome

trial

and

by the Toledo

tribunal,he

examined
were
Cienfuegos;his reasons
Inquisitor
and the
by the Suprema, which consulted the other inquisitors
this proceedingis
unusual was
sustained. How
recusation was
indicated by the boast of his triumphantbrethren that this was
recused

the

Simahcse

EneMrid.

Tit.

XLTO.

Fuero Juzgo, Lib. n, Tit. i,ley 22." Fuero

tidas,P. m, Tit. iv, ley 22.
5

Instrucciones

de

Real, Lib.

1561, ? 52 (Arguello,fol. 34).

i, Tit.

vii,ley 9."

Par-

THE

58

of the remarkable

one
an

half years

obstacle

of any

[BOOK

that had

events

incident in the trial of

taken

TRIAL

Fray

occurred

Luis de Leon

Spain.1 Yet
the advantage

in

shows

prevent recusation. After

seclusion in prison from the world, he

of

VI

to

two
asked

and
to

and members
existing
inquisitor-general
he
of the Suprema, in order that he might recuse
any whom
regarded as inimical,yet this elementarypiece of information
in which his counsel
was
denied,in spiteof repeatedapplications,
him
debarred from telling
joined,showing that the latter was
of public notoriety,2
what
was
Strictlyspeaking,recusation
to it,and its rarity
not a defence but merely a preliminary
was
renders it of minor
importance.
enumerated
Of the pleasin abatement
by Simancas,that of
have seen, as soon
the age
to littlefor,as we
as
youth amounted
of responsibility
was
reached,the offender was liable to punishment,
know

the

of the

names

and

there

when
device,

the

littlemercy

was

was
culprit

the sentence

below

until he had

of much

Insanitywas
and
as
irresponsible
infrequently
pleaded,and

shown.

In

fact,there

of

of postfourteen,
poning

the age

attained that
The

greatermoment.

was

age.3
insane

were

nized
recog-

hospitals.It was not

the tribunals were
the
on
constantly
watch to protectthemselves againstdeception,
yet it was
long
before definite rules were
with
the
to
matter.
adopted
regard
In the enlightened
view taken by the Inquisition
craft,
regardingwitchinstructions of 1537 indicate a disposition
to regardreputed
witches as insane; whenever
the inquisitors
considered this to
be the case, all acts and words leadingto such conclusion were
detailed in the records. Barcelona at the time
to be scrupulously
had on hand a witch named
Juana
the physiwhom
Rosquells,
cian
and consultors considered to be out of her mind; not knowing
what
to do they referred to the Suprema, which
ordered her
dischargeand somewhat
inconsistently
requiredher to be put
under bail.4 Even more
tentative was the case of Toledo,in 1541,
of Juan
favored with revelations of the
Garcfa,a day-laborer,
wildest kind.
In his audiences he repliedunintelligibly
to the
before the consulta
questionsasked and, when the case came
de fe, it summoned
him and asked whether
he would
take a
1

Cartas

Proceso

3
4

de Jesuitas

were

sent

to

(Mem. hist, espafiol,

XV, 112).

Fr. Luis de Leon

(Col.de Documentos,X, 567; XI, 23, 29).

Arch. hist, nacional,Inquisicionde Valencia,Leg. 299, fol. 80
Archive de Simancas,Lib. 78, fol. 145, 146.
contra

CHAP.

THE

VIII]

hundred
declined

lashes

or

both,

and

DEFENCE"

confinement

the consulta

with

have

in

de fe when

hundred

whether
lashes,

told to be gone
and

cases

sensibly

vote

that his

in the most
voted

superficial
acquit him,

to

insane

He

not.

or

ingly
accord-

was

name.1

yet

as

very

persistedin his wild talk he should

in God's

was
evidently

done

with

reassembled

that if he

with such

hospital.He

was

warning

There

59

the session terminated

This
sanity be investigated.
way,

INSANITY

method

no

it is somewhat

prescribedfor dealing

remarkable

that the Instructions

allude

of 1561

in
only to those,by no means
infrequent,
which prisoners
became
demented
and in these it
during trial,
is only ordered that they be provided with a curador, which

infers that the trial was

this,at Granada, in 1665,

heretic and his

and

In

prisonerwho

furnished

was
confessing,
the
case
was
auspices

after

as

continued.2

to be

with

conformity with

had

become

curador

carried to conclusion.

He

insane

under

whose

condemned

was

confessed
confiscated;
as he had

propertywas

begged for mercy

so

censures

while stillin his senses, he was absolved from

that he might enjoythe suffrages
of the Church, while

requiringsanityfor

the penances

their

performance,such

as

to

as

reconciliation,
abjuration,exile,
etc.,their determination

postponed till he

should

regain his
and

after conviction

occurred

should

reason.3

that the

for
restored,
punished
perhaps the culpritmay repent and he is sufficiently
it is feignedthis should be done,
Even when
by the madness.
for it is a less evil that the crime should be unpunished than to
destroy his soul by puttinghim to death impenitent. In any
execution

event

the accused

to transfer him

to

was
a

decided

wiling to
as

receive such

by

appeals

an

was

plan adopted
1570 the Suprema required
not always
were
Hospitals

to be insane the

but
hospital,

to be consulted before this

so,

is

reason

confiscation is to be enforced.4

When
was

be

the

madness

tells us

sentence,Pena

postponed until

When

was

in

done.

but they were

patients,
order of the Suprema

constrained
in

to

do

1574, in such

case.5
The

obscure
of insanityis sufficiently
diagnosis
de
List, nacional,Inquisicion

Archive

Instracdones

Elucidationes

Pegnse Comment.

Archive

de

Toledo,Leg. 114, n.

to

modern

14.

foL 35).
1561, " 60 (Arguello,
de
S" Officii,
Aleald,Hacienda, Leg. 544s,Lib 4).
" 57 (Archive
de

Eymerici Director. P. m.
Lib. 939, fol
Simancas, Inquisicion,
22 in

92.

THE

60

and
science,

TRIAL

[BOOK

VI

it is not

that the Inquisition

surprising
experienced
i
tself
in
which
againstattempts at imposition,
difficulty protecting
regarded as frequent. Pena informs us that insanitywas
were
but
as
probably fictitious,
always looked upon with suspicion,
he can
only suggest that the gaolersshould keep careful watch,
threaten or employ torture,to which
there
and the inquisitors
risk of death, and which was
unless there was
no
objection,
was
an

effective

as

we

other
it

have

detectingimposture.1
hesitation in having

no

seen,

but
failed,

means

was

of

means

ready

There

all its

to exhaust

in

resources

fact,

it when

to

recourse

it is to the credit of the

in

was,

that
Inquisition

doubtful

cases,

to

clusions
questionof sanity,however much its ultimate conmight be warped by prejudiceor preconceptions.
that of Benito
An
Ferrer,
exceedinglyillustrative case was
in
arrested
Madrid,
garments,
a wandering beggar,wearingpriestly
confined
and
in
the
police
archiepiscopal
August 24, 1621,by
the spiritual
prison. He was about to be dischargedwhen, on
September 20th,while mass was being celebrated in the oratory,

determine

the

he sprang
the hands

forward

at the elevation of the

Host, snatched it from

celebrant,crushed it and cast part of it on the

The
exclaiming"0 traitor God, now you shall pay me!"
floor,
caused the greatestexcitement
and indigof course
nation.
sacrilege
of the

The

and

was

claimed
the

case.

court
archiepiscopal

about to
him

and

Before
when

act

dischargeBenito

leavingMadrid
he

as

to Toledo

sent him

he

cognizanceof

the

matter

the Inquisition
crazy, when
for trial,
with orders to push
examined

missioner,
by the comasserted his entire sanity and explained his

that the Host

by asserting

and everyone
Benito was

took

else whom

he

was

saw

were

was

not

for
consecrated,

enchanted

the

priest

demons.

undoubtedlya
for,in his subsequent
since
audiences,he stated that,in 1609, he had been bewitched,
he met was
much
other wild talk.
when
a demon, with
everyone
into his sanity,
asked for an investigation
which
His advocate
with the result that his
was
performed somewhat perfunctorily
pronounced to be feigned. Still the consults
extravagance was
de fe, on November
23d, voted in discordia and the Suprema
ordered

monomaniac

further

examination

into his record

and

antecedents.

he had endeavored
before,in his native Catalonia,

Twenty

years

to enter

two
religion;

convents

had refused to receive him

Pegna, loc. cti.

and two

THE

VIU]

CHAP.

others had

expelledhim

and

Valencia

as

INSANITY

after

Barcelona

the friars of that time

of

DEFEXCE"

months.

set to work

were

dead

were

few

61

The

tribunals

of

these faint traces;

scattered,
but, after six months

or

on

search,two or three were found who vaguely remembered

him
of little
a melancholy person
sense, who seemed to be possessed.
followed

Then

further examinations

of

and phyfellow-prisoners
sicians
insanitywas a fiction,

concurringin the belief that his

made

and fruitlesseffortswere

to induce him

to admit

it.

Another

fe,held September 10, 1622, voted unanimously for

not yet satisfiedand
relaxation,but the Suprema was
ordered
consulta

torture

de

as

last resort.

When

the sentence

read to him

was

he

he

was
simply said that
ready for what the Divine Majesty
might be pleasedto do with him. Then for three hours he was
exposed to the extremityof torment, the blood drippingto the
floor from his lacerated flesh,
but, amid his shrieks and groans,
could be extracted from him than "God
suffered
nothing more
I am
here to serve
Ms pleasure"and an offer that,if they
more;
would give him a Bible,he would prove them all to be demons.
If torture meant
anythingas a test,this proved his insanityto
but two days later a consulta de fe unanimouslyvoted
be real,

his

relaxation

was

not

as

an

impenitentenegative. Still the Suprema

it thought that the

satisfied;

and

him

it ordered

who

should

sane

in

strictwatch

with

been

cient
insuffi-

of

persons

dence,
confi-

him.

on
Accordingly,
November
panions
23d, his cell was
changed and he was given as comtwo friars and a physicianawaitingtrial,
duly sworn
examined
and
and instructed.
February 8, 1623, they were
pronounced him sane, but Dr. Antonio G6mez, who examined
liable to delusions;many
Mm, thought Mm
persons, he said

were

keep

confined

to be

had

torture

everything but

wMch
observations,
the

when
result,

same

The

for relaxation.
these
was
as

another

Suprema

consulta de fe
could

hold

repeated convictions;it confirmed

burnt

alive

as

the conclusion

wMch

topic,on

one

they

an

may

4th, with
unanimously voted

out

longeragainst

no

the

sentence

to us, it

was

not

reached

such
prolonged and conscientious investigation,
of the periodwould have givento such a

\'.
of Library of Univ.

of

as

no

case,

Halle,Yc, 20, T.

and

he

Erroneous

January 21, 1624.1

impenitent,
seem

were

continued

Suprema hesitated and ordered

were
prolongeduntil November

Still the

insane.

over

X.

without

bunal
other tri-

though the

62

THE

authorities
archiepiscopal

[Boos: VI

wiser,when

were

they promptly recognized

madness.

Benito's

in

nymphomaniac,

TRIAL

of

longer term
March
28th, as an

1688, caused

the Valencia

perplexity.Francisca

Garcia

tribunal

an

arrested,
mysticsagainstwhom
warfare.
She franklyadmitted
the Inquisition
waged unrelenting
even

alumbrada

one

"

was

of the

in obedience to the voice

her sexual excesses, which she said were
of God.
so
During audiences at long intervals her talk was

suspected.Physicianswere

insanitywas
reportedthat she

irrational that

in, who
weakness,and
it

to

suffer from

mental

some

the alcaide said that he could not determine

weakness

was

seemed

called

or

further

postponed for

Calificadores were

malice.

decision

the

whether

who
consulted,

questionwhether

she

was

for two years

on
hallucinated,
crazy, or possessed.So it went
and a half until,
on
September 19, 1690,it was resolved to keep
the accusation,
another
her in prisonbut that,before presenting
consultation with calificadores should he had.
They examined
her and reportedthat she cried aloud and wept and ejaculated
but stillasserted that carnal
questionsdirectly,
indulgencewas embracing God, so they reserved their opinions
tillanother time.
Eighteenmonths passed away and, in March,
1692, she sought an audience in which she threw herself on the
ground and with tears begged to be taught; she knew that she
and

answered

ought

to be

no

content

with

her

husband

and, with

and

screams

cries she declared that she could not resist temptationsave

the aid of God.

consulta de fe

promptlyheld,and another
her detention,
in
only recommend
was

January, 1693, which could

view of the evils to be apprehended if she
in

with others.
with

with

Then

two

years

allowed

were

and

half

more

to

municate
com-

elapsed,

occasional

to the
reports from the alcaide and secretary,
the poor creature no longertalked lasciviously,
effect that latterly

in view
should

of which
be

it was

voted, July 1, 1695, that

the accusation

that calificadores should

again examine
her. To the report of this the Suprema repliedin vigorous
only recommencing the
language,pointing out that this was
eternal round, and that the case
promised to be immortal; it
ordered that the prosecution
should be promptly carried on in
presentedand

the usual way and the sentence be submitted

Here
the record before us
breaks off and

for its approbation.

the final action

is

to be
was
unknown, but it is evident that the unfortunate woman
treated as responsible,
the hesitation of the tribunal having only

CHAP.

VIII]

resulted

THE

in

dungeon

her

incarceration

(calabozo)where,

became

in the

so

It marks

whether

on

he

knew

mental

in

to

if the

accused

disturbance

taking testimony,

made.

This

was

softening

of

treatment

of the

temper

of Pedro

case

than

more

insane

Benito

might

in

years

first,she

probably
ment.1
confine-

be, prejudice

and

instructions

This

is well

from

commissioners

to

exhibited

him

in

1818, in the
the Suprema
ordered

in which
with

especialkindness, and to
dential
compatible with his safe-keeping. Confithe physicians,are
to be admitted
to
as

to treat

in friendly talk could

form
him, who
an
also
condition,while investigationswere
the
Still,

suffered

or

directed
inquirieswere
alwaj^s to be
praiseworthy precaution, and the modern
produced a marked
improvement in the

well

as

drunkard

these

Lobarinas,

Santiago tribunal
give him every comfort
persons,

was

and, in

insane.

the

of abode.

at

seven

despair of interminable

intentions

them

63

cruelty.
progressiveimprovement when, in time, it became
receivinga denunciation,to interrogatethe informer

customary,

for

and

humane

misled

ignorance

INSANITY

if not

darkness

However

any

DEFENCE"

outcome

of the

case

estimate
to

be

shows

made

of his mental
at

his

place

the conflict between

dread
His
of doctrinal
offence
error.
humanity and extreme
was
propositions" and, in view of his sanity in all
simply some
to be handed
else,and his experience as a garden laborer, he was
walled
convent
to prevent his
to the gardener of some
as
so
over
with
and to forbid his speaking
any
one, so that he might
escape,
"

have

chance

no

his

disseminate

to

heresies.2

pleas in abatement, such as intoxication,

the
sudden
thoughtlessness,ignorance, jocularity and
anger,
in minor
like,they could only be advanced
cases, like blasphemy
and
propositions not involving formal heresy. In such matters
and
often alleged in extenuation
or
were
given more
they were
less consideration,according to the temper of the tribunal, the
in consequence.
penalties,not infrequently,being moderated
As

for

other

the

Defence, when
limited
of

tachas

to

witnesses

Archive

accused

the
and

denied

abonos"

the

by proving enmity

or

practically
charge, was
former
being the disabling
other
disability,the latter

hist, nacional, Inquisicion de Valencia, Leg. 2,

fol. 126.
2

Archive

the

de Simancas,

Inquisicion,Lib*

890.

n.

15; Leg. 12,

n.

2,

CHAP.

of

VIII]

EVIDENCE

examining such

forth all that

FOR

THE

witnesses

they might

as

DEFENCE

admitted,or

were

have

65

of

drawing

to tell. If

residents
they were
would summon
inquisitor
them; if at a distance,
the interrogatories
sent to a commissioner; the witness,to
were
of the

each

the
city,

bald

would
question,

answer

give some

details or say
vague
the takingof testimonyended.

partieswho

althoughthe

yes or no, or perhaps might

that he knew
nothing,and there

If

directed against
were
inquiries
had not testified,
they were
generallysuppressed,
instructions were
to investigate
them
also,in order

to keep the accused in the dark, and

it was
perfectly
also
suggestedthat they be examined personallybecause,as enemies,
they might have additional damaging testimonyto give. When
the witnesses for the defence,as frequently
happened,were widely
considerable time, during which
scattered,all this consumed
the prisonerin his cell was
gnawing his heart in suspense, and
when
it was
finished he was
brought into the audience-chamber,
curtlyinformed that what he had requestedhad been duly attended
Under the Instructo say.
tions
to,and asked if he had anythingmore
of 1561, the results of the interrogations
were
carefully
withheld from him as we have seen
above
(Vol. II, p. 543).
In this system, in which the burden of proof was
thrown upon
in every way as to the means
the accused,while he was
crippled
could only be averted by judges
of provinginnocence,injustice
in placeof which
as counsel for the defence,
they
actingvirtually
more

served
habitually

as

best be understood

can

In

prosecution.How it worked
with varyingresults.
few instances,
Zamora
was
prosecutedfor Judaism
the

to
parties

by

of

1494, Diego Sdnchez

teenth
trained,from his fourwhere he bad risen,twenty years
year, in the cathedral,
before,to the positionof organistand beneficiary.There were
Pedro de Toledo, a chaplainof
but two witnesses againsthim
urday
the archbishop,who testifiedto seeinghim eat squabs on a Sat-

in the tribunal of Toledo.

had

He

been

"

and
was

eggs

in Lent

remove

fat from

quemad"ro,being urged to
said that
by denouncing her accomplices,
on

to the

her way

sick his father told him

that he would

not

The

meat.

burnt
Cruz, a servant-girl,

de Santa

Maria

and

for

other

heresy,who

clear her conscience

once

when

he

was

get well unless he sent

She

oilto the synagogue,

whereupon he sent both oil and candles.
was
beyond the reach of vengeance but, as usual,her name

and

the

some

circumstances

in the efforts made

VOL.

were

suppressed.There

by Sdnchez

and
5

his advocate

is

grim comedy

to unravel

this

THE

66

had

chez

been

once

occurred

then;

to be

to

put

and

re-examined

recalled and

her,and

the truth of the

delirious for

formal

have

to

delirium,all

have

drawn

up

to be examined

to prove
met with
the inquisitors

were

which

of

be

days and it might

was
interrogatories

eightwitnesses

to

fixed,for S"n-

the date

some

series of

witness

dead

the

repeatedly requested

They

story.

VI

[BOOK

TRIAL

Then, in hopes of discoveringall possible

was
enemies who
a long series of quarrels
might have testified,
of his family and others.
detailed which he had had with members
Maria de la Cruz, who had
In this he chanced to stumble upon
thief and, becoming pregnant,had
been his servant, but was
a

profound

silence.

accused

man-servant

of his

as

He

the father.

dismissed

them

and
the man;
the girlfell into evil courses
scourgedthrough the streets,which she attributed to him

both, but took back

was

He failed to identifyPedro
repeatedlythreatened revenge.
in the cathedral
de Toledo, but he proved an irreproachable
career
de levi
for twenty-five
years, and he escapedwith abjuration
and suspensionfor a year from
mass
enough to
celebrating

and

"

him.1

dishonor

hopelessflounderingin

This

the

effort to rebut

evidence of

carefullyconcealed appears stillmore

stronglyin the case of Diego de Uceda, in 1528, before the same
on
a
tribunal,
charge of Lutheranism, founded on a chance talk
with a strangerat Cerezo,while travelling
from Burgos to C6rwhich

the

source

was

so

suppressionof
threw him
on
publication,
dova.

time

and

placeand

in the
details,
false scent and he imagined the
a
accusation to have arisen from a conversation some
nightslater
of Arjona,and all his energies
at Guadarrama, with the Archpriest
The

wasted

were

the

on

blameless,leavingthe real
It

was

him

to

attempt

Cordova,
he had

and

in which

the

procedure. He

clavero

followed

or

of suspense endured by the

inevitable delaysarising
from the

agony

chamberlain

was

treasurer

the court,and
scattered. Six months

of the Order of

ArcMvo

hist,

of Fernando

were

de

Calatrava;as such

his witnesses in dbono

were

sarily
neces-

in

consumed

securingtheir testimony,during which

1

was

uncontroverted.

allowed
inquisitors
the record
hopelessly. Incidentally,

entangle himself
affords a vivid pictureof the
prisonerin his cell during the
of

that the latter talk

testimonyagainsthim

at cross-purposes,

game

to

method

prove

of

he

findingthem
sought repeated

national,Inquisitionde Toledo, Leg. 183, n. 779.

CHAP.

VIII]

EVIDENCE

FOR

THE

DEFENCE

audiences,
the inquisitors
for
imploring
his

At

case.

time

one

the

second

67

love of God

messenger

patch
des-

to
sent

was

at

his expense, to Burgos and to

with long instructions,
Vallaclolid,
and he counted the days that it would take at ten
leaguesa day,
the customary allowance for foot-couriers. At last he
was
moned
sumto an
audience and told that all his witnesses save
four

had

been

This he

examined

he had
declined;

but of

he

in

de

auto

appear
sixtyducats and
an

others

name

in their

produced ample testimony as

tortured,confessed

was

could

place.

to character

had failed to rebut the evidence of the unknown

had denounced him.
have
As we
already seen,

course

witnesses who
he

and

and

fe,to

revoked

and

sentenced

was

with
abjure de vehement*,

to

fine of

spiritual
penances,

ored
leavinghim a dishonfor a few careless words to a stranger.1
man
It is to the credit of the tribunals that
they seem
generally
ready to make all effort necessary to obtain the testimonyof the
witnesses whom
In 1573, the Suprema orders
they admitted.
the Barcelona tribunal to advise a French prisoner
so that he could
from the King of France a safe-conduct for the
procure
persons
he sends thither to procure
whom
evidence for him, and the
receiver is instructed to pay sixty-four
ducats for the expenses
of the commission
of course
out of the sequestrated
property.2
In 1682,in the trial at Barcelona of MargaritaAltamira,a worthless
she named
she
as
a witness
a
day-laborerwhom
woman,
knew only as Isidro. He was
hunted for in the city without
some

and ruined

"

and effortswere

success

Giralt
Then

it

Maya,

him

and
and

and

and

he

but

might

the commissioner

send him
no

to trace

examined

thought that

was

of

vain

found

was

made

of the

one

then asked

and

him.

be somewhere

in the
ordered

was

man.

parish
to find

Barcelona,but the search

could be found

name

Isidro

an

to be the

proved not

of Solsona

his wife to

In Cardona

there.

was

Margarita

if she could

give any further indications to aid

in findinghim: she thought that perhaps Maria Barranco
might
know
but
Maria
found
to be
was
on
something,
investigation
was

dead.
to her

in

Then

she

mentioned

and
good character,

other witnesses

theywere

who

duly summoned

Archive

de Toledo, Leg. 112,

hist, nacional,Inquisicion

Archive

de

125.

Lib. 82,
Simancas, Inquisicion,

similar case, the tribunal is ordered

could

fol. 75, 76.

not to send

"

n.

and

testify
inter-

74, fol. 53.

In 1574, however,

to France,

"

Ibidem, fol.

rogated.1 All this

was

the

prisonerhad

power

no

VI

the

be, but it dependedon

it should

as

of the tribunal and

temper

CBooK

TRIAL

THE

68

help

to

himself.

customary defence

This

mostly blind

althoughit was

successful. The
met

have

of

Vayona,

him,

for he

this

less than

no

his wife and

reason

There

of the tacha that I

in 1531.
Caspar Torralba,
merely an effortto get rid
of

In his

feared.

and

hundred

defence^he

persons,including
fifty-two

and

In

their enmity.
amply justified
comprehensive drag-net he succeeded in catchingnearly
in

each

which

case

all of the adverse

and, in addition,he adduced abonos

vance.
obserreligious
his orthodoxy and regular

witnesses

indirectas to prove
the nature of the
The tribunal evidently
recognized

and

he

with

the

enemies, and he gave

his mortal

daughter,as

use

village
neighbor,in the little
witnesses against
thirty-five
were

hated
generally

was

enumerated

was

truculent

Chinchon.

near

of

case

Lutheranism

and

troublesome

extensive

most

in the Toledo

occurs

for
prosecution

His

the witnesses for enmity,

disabling
times
somethem, was
gropingto identify

of

admitted

was

escaped
bail,July 1, 1532, and finally

penance.2

moderate

to

sation;
accu-

been

have

Life must

worth

scarce

let loose.

livingin Vayona when he was

in 1604, there
At Valencia,

group of cases showing

Gaspar Alcadi,
Moriscos.
successful disablingof witnesses among
tianity,
of sayingthat he did not believein Chrisaccused by two women
and proved enmity, so that his case was
identified them
One

suspended.
and

Vicente

Fay

and

Barday

three

and

Alamin,

two

Vicente

men,

Sabdon

Angela Bastant, Angela

women,
but they all succeededin fastening

pension
with the result of a susshowing her hostility,
cases
prosecutions.In 1607 there were severalmore
kind.3 A stillmore
strikinginstance occurred in

her and

it upon

of
of the

quitea

accused

woman

Ger6nima

was

same

1658, at Valladolid,when

dissolute

woman

accused three

men

to
They seem
her and
in identifying
and disabling
little difficulty
have found
however,
all acquitted,February 1, 1659.4 In general,
were
of the accused,in
that the main
the records show
recourse

and

thirteen

Proceso

women

contra

Maria

of Sanabria

as

Judaizers.

Altamira,fol. 175, 178, 180

sqq

(MSS. of

Am.

Philos.

Society).
2

5
*

national,Inquisitionde Toledo,Leg. 112, n. 71, fol. 66-72.

79.
Ibidem, Inquisicionde Valencia,Leg. 2, n. 7, fol. 10; n. 10, fol.
Archivo
de Simancas, Inquisicion,
Leg. 552, fol. 41.

Archive

hist,

CHAP.

VIII]

THE

DEFENCE

69

and disable witnesses for enmity,was

seekingto identify

rarely

successful.
After the wholesale forcible conversions
defence

sometimes

was

baptizedand

advanced

by

consequently not

of the
jurisdiction

involved in this,on

of Jews

the accused

Christian

Moors

and

that

he

was

not

subject to the

nor

There
subtile questions
Inquisition.
were
which theologians
not wholly in accord,
were

practicethe main point turned on whether the fiscal was

obligedto prove the baptism. Againstthis was urged a decree
of Paul IV, in 1556, when
some
Portuguesein Italydefended
with
this plea,and he ordered the prosecutionsto
themselves
proceedon the ground that,if they had not been baptized,they
would not have been tolerated in Portugal. An old inquisitor,
about 1640 says that in Saragossahe had a case of a Morisco who
advanced such a pleaand, on examination of his parishregisters,
record of his baptism could be found, although there were
no
brother.
In spiteof this,on the
those of his elder and younger
went
the prosecution
and his
on
strengthof the papal decision,
confirmed
of reconciliation was
by the Suprema.1
sentence
but in

reduced to a minimum.
In all this the function of the advocate was
to his client except to
He
no
to make
suggestions
was

confess;he

witnesses of his

or

to name

to

abandon

to disable any

not to advise him

was

His sole

own.

heretic
pertinacious

and

of the witnesses

duty,we

to admonish

told,was

are
a

Christian

he
gain outside information,
but to the inquisitors
it to the prisoner
not to communicate
was
and, if any friend or kinsman spoke to him about the case, he was
nothing of it. So, in the written defence
to say that he knew
which he was
requiredto present,he could use no information
to tell the truth.

If he

chanced

could only set them

forth.

friends,even
tribunalfixed his fee,which was

prisoneror

his

such circumstances

Under

cate
facts,and the advo-

for the accused alone could state

of his own,
the

to

the

He

could receive

after the

paid to

case

him

was

nothingfrom
ended; the

by the receiver.2

argument which

he would

frame

be of any benefit to his client. If he were

young,
the
tribunal
to
endeavor
he
impress
brightand ambitious, might
was

not

to
likely

Thom"s

de Cath. Institt. Tit. xxxi,

2

Archive

Cap. vii,n. 36." Simancas

nacional,MSS., V, 377, Cap. n, ? 18,

Sdnchez, In PrseceptaDeealogi,Lib.
de

n.

5." Bibl.

Alcala,Hacienda, Leg.

544*

n,

(Lib. 6).

[BOOK

TRIAL

THE

70

VI

although the strict secrecy imposed deprived

ability,
would give. For the most
him
of the incentive which publicity
duties with as
part, however, he would dischargehis nominal
he had nothingto gainby zeal,
littlewaste of energy as possible;
and fiscal on
and would be careful not to offend the inquisitors
occasionally
he was
dependent. While, therefore,we
whom

with

his

meet

with

and pointingout
of the accused in the most favorable light,
and weakness of the evidence,
and illegality
irregularities
of no real service to the
the defence is perfunctory,

case

the
in

the
careful and well-reasoned argument, presenting

general

accused,while ostensiblygivinghim

enablingthe tribunal to overrule

trained lawyer and

be

allegedin

the benefit of defence

what

by

might

his favor.
*

sub-

Meanwhile, at each stage of the case, the accused was

this had to be conducted
examination.
By rule,
] ected to searching
required
and if there were
two, both were
by the inquisitors,
1520, this was
to be present;as the Suprema declared,about
The fiscal,
very
to enable them to vote intelligently.1
necessary
ordered

were

present,and the notaries or

not allowed to be

was
properly,

confine themselves

to

taries
secre-

ing
to their duties in record-

interposequestions. The general instructions

are
praiseworthy.In 1518 the Suprema
for these examinations
it might
as
questioning,
ordered the avoidance of superfluous
lead the accused to contradict himself through ignoranceand, in
and

not

to

1529, as the result of

visitation of

Saragossa,it rebuked

the

for asking irrelevant questionsinstead of confining

inquisitors
themselves to the subjectmatter, as requiredby the Instructions.
to be clearlyand intelligibly
The questionswere
put, and the

accused
not

to

was

to be

deceived

evidence where

was

about

misled by being made

existed,nor

none

unless
accomplices,
them.2

kind

or

categorically,
yes or

them

answer

Unlike

there

the

were

medieval

was

no.

He

was

to believe that there

he to be

questioned

sufficient indications
where
Inquisition,

cerning
con-

every

into mising
was
comprocia,
Garfinal
Pablo
the
rules,formallyexpressedby
himself,

of deceit

were

allowed

to

entrap the accused

abstain from interrogating

must
carefully
inquisitors
prisonerabout matters not included or indicated

that the
the

Lib. 72, fol. 76.

de Simancas, Inquisition,

Archive

Ibidem, Lib. 76, fol. 227; Lib. 939, fol. 72, 95, 96.

CHAP.

EXAMINATION

VIII]

in the

evidence,and

OF

from

leadinghim

knowledgefounded

were

THE

the monitions
inconsistency,

ACCUSED

to

71

believe that

mere

picions
sus-

proof.1 Yet, with marked

with which the trialsopened, assumed,
on

of the prisoner,
that ample information
seen, the guilt
existed of it,and that his confession was
for his own
wanted
we

as

have

salvation.

rule,in these earlier audiences,no questions were

put
except to ask the accused what he had remembered, and he was
left to spontaneous confession,
without a guide as to what was
As

expected of him. Sometimes, however, in the later periodsa

specialaudiencia de preguntas was
ordered,which might last
for several days, as in the case of Beatrix Lopez, at Valladofid,
in 1697.2
Ordinarily the real examinations
the
began when
accused answered to the accusation,
and were
continued after his
to
the
At
publication. any time,moreover, if he made
replies
admissions or a partialconfession,
the opportunity
was
taken,
to bring him, step by step,to full acknowledgement
by skilful questioning,
of his offences. In this,leadingquestionswere
bidden.
forAll examinations
to be searchingand thorough
were
and, in 1654,the Supreniacomplainedthat many crimes remained
unpunished because of the carelessness and looseness with which
in generalwere, therefore,
this duty was
performed. Inquisitors
instructed to repeat their questions
again and again,until evendetail of time, placeand circumstance was
ascertained*3
prosecutionand

the

When

the latter

their resources,

pronouncedto

was

it again,if new
from

this

as

had

thus

exhausted

all

requiredto conclude and the

was

concluded,
althoughthe

evidence

from

but the

be

defence

appeared,and

was

then

not authorized

were
inquisitors

fiscalcould open

the accused

It

all other sentences.

case

could

ripefor

appeal
ment,
judge-

to pronounce

tence
sen-

necessityfor

episcopalconcurrence
required
of the bishopof the prisoner's
the intervention of a representative
diocese and, in addition,the rule of the Old Inquisition
was
graduatesin law and theologywere
preservedunder which some
alone.

assembled

to

The

deliberate and

called consultors and

Garefa, Orden

we

vote

have

seen

with
that

the others.

they

were

These
a

were

recognized

de Processar, fol. 13.

Pablo

Leg. 552, fol. 52.

Inquisicion,
de
Inquisicion
Praxis pracedendi,
Cap. 8, n. 4 (Archivo hist, nacional,
Ibidem, Leg. 10, n. 2, fol. 36.

Archivo

de Simancas,

encia),"
Val-

CHAP.

COXSULTA

wholly wanting.

not

was

THE

VIII]

In

DE

the

FE

of

case

73

Diego Garcia, at

the

consulta held

January IS, 1490, eightvoted for torture and three

for perpetualprison,
but at a meetingnext claythey were
mous
unanifor torture,which Diego endured
thus escapedwith moderate
penance.1
In those

earlydays it was

done, to read the whole

hurried

the
proceedings,
of

the documents
be

might
and

there

within the power

it desired.

of

"

deemed

was

were

brief.

In later times when

perhapsover hundreds" or it
this was
folios,
manifestlyimpossible,
to the consulta only an
abstract containing
important,when of course it would be

of the tribunal to present it in such fashion as

limitation on this by the Suprema,
a salutary
was

There

1560, when

and

as the records inform

possible,
us
was
from beginningto end, for,in those

records

submitted

was

confession

trial extended

thousands

what

in

case

without

it forbade

the

preparationof these abstracts by

for such prohibition
is suggestive
of
necessity

but the
fiscal,
abuses.2
Occasionallythe consulta exercised the power
existing
have seen
of summoning and examining the accused, as we
in

the

the
his

Garcia,in 1541, when

of Juan

case

sanity. It did the

which

with Juan

same

there

doubts

were

Toledo

Vazquez,at

the case.3
dismissing
the consultors
these assemblies,

in

as

to

1605,

resulted in

Whether, in

had

deliberative

discussion.
merely a consultative vote, was a matter of some
In 1515, Cardinal Adrian, and in 1518 the Suprema, instructed
that though they must
not render judgement without
inquisitors
they need not follow their advice,but could
consultingjurists,
or

the previous
rejecting
opinions.4Arnaldo Albertino,on the contrary, after debating
decides that,under the canon
the questionat length,
law,inquisitors
bound
are
by the majorityvote.5 This ignored the selfand Rojas
dependent organizationof the Spanish Inquisition,
that the vote of the consultors is consultative
asserts positively
consult others and

and

decisive.6

not

are
inquisitors

hist,

Archive

Instrueciones

the

state

Simancas

reasons

for

decides that the true rule is that the

although
by the opinionof the consultors,

not bound

de Toledo, Leg. 99,

naeional,Inquisiclon
de 1561, " 40

25.

n.

fol.32)." Aichivode
(Arguello,

Simancas, Inqui-

sicion,Lib. 939, fol. 68.

3
*
6
8

Halle,Yc, 20, T. I.
Lib. 939, fol.
de Simancas, Inquisicion,
Archivo
Q.
Arnald. Albert, de Agnoscendis Assertionibus,
422-3.
Rojas de Hseret. P. I, n. 409,
MSS.

of

Library of

IMv.

of

104.
XXYI,

n.

13, 15.

THE

74

[BOOK

TEIAL

VI

questionis debated; the Suprema instructed the tribunal of

and Ordinary are in accord,their
C6rdova
that,if the inquisitors
that of all the consultors,
over
yet in Valladolid,
opinionprevails
if the inquisitors
and Ordinary
unless there is a majority,even
agree, there is discordia and the case is referred to the Suprema.1

the

All this

settled

was

by

Instructions

the

and
that,if the inquisitors
decisive

was

there

more

the

between

declared

1561, which

unanimous, their

Ordinarywere

againstconsultors

discordia

was

of

vote

but that,whenever
numerous,
former, the matter was to be

Suprema and, in importantcases, even when there

the vote.2
was
unanimity,it was to be consulted before executing
how the gradual centralization in the Suprema
We
have seen
requiredall sentences,whether of torture or judgement,to receive
referred to the

Under

its confirmation.

this influence the consulta de fe declined

importance,and tribunals began to neglectthe formalityof

summoning it or even of appointingconsultors. The concurrence
but that sufficed,
of the Ordinarywas
theoretically
indispensable,
and the Suprema was
quite content to overlook irregularities
the diminishing
which marked
importanceof the tribunals. Thus,
of Dr. Estevan
in 1717, at Barcelona,in the case
Perpinan for
the Ordinary could not attend and the
impeding the Inquisition,
voted on it alone;they could not agree on a sentence,
inquisitors
and the Suprema sent the case
back with orders to vote on it
again,in conjunctionwith the Ordinary;they did so, but this
time all three disagreedand the Suprema finally
rendered the
It seems
to have thought of instructing
sentence.3
them
never
in

to

call in

experts and

form

coeval
institution,

honored

in the thirteenth
votes

consulta

with

the

Thus

establishment

century,

came

of the tribunal of

de fe.

to

an

end.

the time-

of the
In

Madrid,
extendingthroughthe

sition
Inqui-

series of

eighteenth

century,there is no indication of consultors beingcalled in.

times
Some-

with the Ordinaryand sometimes

inquisitors
two
without the Ordinary,and occainquisitors
sionally,
one; sometimes
a
himself.4
In
the
though rarely, singleinquisitor
by
of the personnel
of all the tribunals,
enumeration
about the middle
of the century,the insignificant
of Majorcahad eightconsultors,
one
Granada
had four, C6rdova
Cuenca and Santhree,Valladolid,
there

are

two

Simancse

Instnicciones

Archive

Ibidem, Lib. 877, fol. 96.

de

de

Oath. Institt. Tit. XLI,

de

1561, " 66

11, 14.
(Arguello,fol. 36).
n.

Sala 39, Leg. 4,

Simancas, Inquisicion,

fol. 71.

VIII]

CHAP.

DELAYS

tiagoone each and the

rapidlydying out and men
So it was

to it.

of
in

periodwhich

the

"without
Before

the

the

institution
the honor

the Restoration.

there is

seen

no

Suprema had

it is united

rendered

was

of belonging

In the sentences
reference

which
Canary tribunal,

because

evidence
collecting

for

The

none.

longeraspiredto

no

I have

consultor

others had
under

pronounced by

some

75

have

to it save

the clause

in the

Ordinary."1
mere
agencies
formalities of trials,

the tribunals

and

attendingto the
the consulta de fe may
have been of service in
occasionally
venting
preor
diminishinginjustice.Incidents related above show
that the consultors formed
opinionsof their own, and that the
votes

far from

often

unanimous.

This

encouraged by
voting,in which the consultors voted first and the
senior inquisitor
when
there had been
last,although doubtless,
the views of the inquisitors
had been
a
preliminarydiscussion,
were

was

the routine of

known.

made

we
Occasionally

of the consulta

member

with

meet

accompanies

debates

in which

his vote with

each

exposition
sometimes
with elaborate written opinof his reasons,
even
ions,
showing a conscientious expenditure of thought and labor.
Unfortunately,doubts and disagreementsgenerallywere
promised
comto torture,after which
the consulta would
by recourse
an

and

be reconvened
the

Not

to

formulate

the

least cruel feature

interminable delay to which

In

of the

trial was
inquisitorial

the victim

was

in
especially
practice,

ordinarycriminal
seek perhaps
may

where
Inquisition,

outside
own

definitive sentence.

world, and

case, the

he
was

was

denied

kept

in

commonly exposed.
cused
capitalcases, the acevil day, but in the

all communication

with

ignoranceas to the progress

concerninghimself and
suspense

of

agony

postpone the

to

the

the

of his
those

a most
duringdreary months and years was, in itself,
stood,
and protracted
punishment. This was thoroughlyundersevere
the repeateddespairingcries of prisoners
not only from
to have their cases
despatched,but from the habitual promise
The
for confession.
of such despatchheld out as an inducement

dear to him

slow

of

torture

to
Inquisition

delay

procure

interval between

was

well-understood device of the Old

when
confession,

arrest

and

sentence

except in specialcases, this would

Spain.

It is rather
1

Archivo

seem

to be the

motive

attributable to callous indifference and

Lib. 890.
Inquisicion,
Inquisitionof the Middle Ages, I, 419.

de Simancas,

History of

not

five,ten, or twenty years'

not infrequent,2
was
but,
in
the

THE

76

habit
and

of

procrastination.The

good

no

Christian

need

bodily,of

and

mental

TRIAL

[BOOK

prisoner was
presumably guilty
sympathy on the sufferings,

waste

heretic too

VI

for confession
pertinacious

conversion.

and

Spain,speedy justicewas

constantlyurged on the tribunals

the mad
rush of the earlyyears was
While this
over.
as
as soon
for haste was
necessitated
lasted such urgency
was
superfluous,
of work to be done, and was
amount
stimulated
by the enormous
ities
though the formalby impatiencefor the fines and confiscations,
In

of

and

cumbrous

procedure were

there

multitudes

were

of

each other as they wore

jostling
throughtheir several stages.
In the greatauto de fe at Ciudad Real,February 23, 1484,where
besides
there were
seventy-sixburnings in person or in effigy,
there could have
of reconciliations,
been no
the large number
cases

wasted

time

each

on

Among

case.

trial commenced

relaxed

Juan

was

December

1, 1483,when
ber
the inquisitors
proof. On Decemgrantednine days for presenting
10th,the fiscal asked an extension of time in view of his other
occupationsand the absence of witnesses,but he was obliged
Gonzalez

to take

Daza,

oath

an

whose

those

that these

8th evidence

December

were

for the

his

reasons

defence

was

and

not malice.

On

alreadybeing taken

inquisitorsand, on the 12th,that

for the prosecution
before two other deputies. Considering
that
human
life was
at stake,the work
most
was
expeditious.1
slackened;whether it did so or not,
Possiblythis speed soon
for the Instructions of 1488 ordered
the Suprema was
dissatisfied,
should not be worn
that prisoners
out in gaolwith postponements,
before

and

deputies of

two

be

must
proceedings

This
which

fixed
of the

was

urgency
a

the

limit of ten

so

prompt

as

repeatedin
days

of

cause

the Instructions

of

plaint.
com-

1498,

the tion
presentathe three monitions were
to

between

accusation,during which

to afford no

arrest and

to be pushed with all despatch

given;after this cases were
and without awaitingfurther proof,for this had led to prolonged
detention,
causinginjuryto persons as well as to property. Again,
in 1500, the tribunals were
ordered to proceed summarily and
not to permitdelays all these instructions showing that the procrastinat
attributable
to
the
and
the
to
not
was
prosecution

be

"

defence.2
1

Archivo

hist,

nacional,Inquisitionde Valencia,Leg. 140, n.

148, n. 267; Leg. 154,

2

Instmcciones

1500, I 6

n.

"

Cf. Leg.

356.

de 1488, " 3; de 1498, " 3

(Vol. I, p. 580).

162.

fol.9,12)." Instrucciones
(Arguello,

de

DELAYS

VIII]

CHAP.

These

instructions

felt as

were

serious

received scant

grievanceby

Ferdinand

to
petition

77

from

obedience

the accused.

five

and

the

In 1510

delays

we

have

appealingfor a speedy
decision of their cases, which had been
concluded/7to which
the
he responded by ordering
to expedite them
inquisitors
in
with
So
accordance
the Aragonese petitions
justice.1
at
among
the Cortes of Monzon, in 1533, is a complaint that the prisoners
vexed with the prolongeddelaysin giving
were
of the Inquisition
the accusation and postponingthe publicationof evidence,
them
wherefore the inquisitor-general
was
prayed to prescribebriefer
a

women

"

this the

To

terms.

made

reply

merely that provisionwould be

and the speedy dispogood administration of justice
sition

for the

was

of cases.2

If there

intention of

this promise it was

fulfilling
resultless. Procrastination was
habitual in all Spanish tribunals,
the repeated remonstrances
learn from
of the Castilian
we
as
C6rtes of the period,which vainly representedthat pleaderswere
impoverishedand exhausted in the vain attempt to obtain justice,
and that the gaolsthroughoutthe land were
crowded
with prisoners.3
shared in this indifference to the sufferThe Inquisition
ings
of delayin ratifying
of those in its hands; there were
causes
evidence and lookingup the witnesses for the defence,and it had
in all cases
serious enough to appear
in an
besides a practice,
them to accumulate
until there were
auto de fe, of allowing
enough
forbidden
to render the solemnityimpressive.This abuse was
were

any

by the Suprema

in

1518, 1532, 1539

it

disregarded.4That

were

addressed,in 1534,

summons

generalBias
had

by

1540, but its commands

real grievanceis shown
by

the

Toledo

fiscal to the Vicar-

nal
four years since the tribufe; its prisonerswere
suffering

that it was
Ortiz,reciting

celebrated

thereby in

much

an

auto

their kindred

de

honor, and property,and the Inquisition

person,

in consequence.
there had been

defamed

was

was

and

the part of the accused and

bitter complaintsto the inquisitorOn

and royal council,and to

Suprema, to the emperor
and three or four months
of influence,
ago the Suprema

generaland
persons

had come
inquisitor-general

and

matter

1
2
3
4

and

Archive

had

ordered

de Simancas,

the

cases

to Toledo
to be

Lib. 3,
Inquisicion,

to

see

what

despatchedand

the

was

an

auto

fol. 89.

Inquisicionde Barcelona, C6rtes, Leg. 17, fol. 47, 48.

Ibidem,
Colmeiro,C6rtes
Archivo

de

II, 217, 234, 248, 264, 273-4.

y de Castilla,
Lib. 939, fol. 125.
Simancas, Inquisicion,
de Leon

THE

78

TRIAL

[Boos VI

When, however, we learn that the concurrence

needed
of the vicar-general
was
only for the torture of nine persons
little
and the sentencingof ten, we
how
see
occupationthe
had
those
had
four
tribunal
during
years, rendering the delay
the effort to shift the blame
while moreover
Bias
on
inexcusable,
Ortiz was transparentfor,under the Clementines,
inquisitors
were
requiredto wait only nine days for the Ordinary.1 The custom
of waitingfor an auto de fe continued and if,in 1570, 1571 and
repeatedorders that the cases of poor prisoners
1577, there were
should be despatchedpromptly,without holdingthem for an auto,
de fe to be held.

of thrift than of mercy, for it infers that

this urgency savors
more
the rich,who could defray their prisonexpenses, might linger.2
that the accusation should be presentedwithin
The provision

days

ten

after arrest

considered

been

as

was

repeatedin

stillin force in

1518

and

to have

seems

1594, for its observance

is included

interrogatories
prepared for a visitation in that year,
the fiscalto present
but the Instructions of 1561, while requiring
as to the time
it within that limit,
givediscretion to the inquisitors
audience
after his arrest,and
of admitting the prisonerto an
prescribeno definite intervals between the monitions.3 This
in

discretion

abused

was

utmost

all effort to

abandoned

have

to the

check

and the Suprema

seems

procrastination,
except

to

in

bunals
specialcases which threatened to become immortal. The trikept their unfortunate prisonerslying for months before
grantingthe first audience and, as this requiredno preparation,

postponementwas

its
In

of

group

mere

eightcases

callous indifference without

in 1647, a year
Valladolid,
arrest and first audience,and
at

was

excuse.

allowed

subsequent
elapse between the
tion
before the third monivarying from one month to eight,
intervals,
which was
synchronous with the accusation.4 When there
to

MSS.

Archivo

Library of Toledo, Sala 5, Estante 11, Tab. 3.

82, foL 171; Lib. 939,fol. 125; Lib.

of Public

de Simancas, Inquisition,Lib.

942, fol. 29; Lib. 979, fol.38.

Ibidem, Lib. 939, fol. 97." Ibidem, Canarias,Exptes de Visitas,Leg. 250,
fol. 29).
Lib. 1, fol. 6." Instrucciones de 1561, l\ 13,15, 18 (Arguello,
* Archivo
de Simaacas, Inquisition,
Leg. 552, fol.38. These cases are
3

Arrest
Acacio

Bautiflo

Jan. 24, 1647

del Cano
Gaspar Rodriguez del Cano
Ant. Rodriguez
Juan

de Isla

Francisco

Gaspar de Herrera.
Miguel Vaz"juez
Antonio

"

de Herrera

18,
25,
24,
26,
25,

de Espinosa

28,
18,

1st Audience

2nd

Audience

3rd Audience

CHAP.

VIII]

DELAYS

this heartless

79

delayat

the commencement
of a case, it is not
that
there
be
to
would be any alacrity
in speedingthe
supposed
was

subsequent stages of the cumbrous

from

awakening

their multitude

the

routine,or

supine indifference of

of officialsand

alluded to the Mexican

the

with
tribunals,
I have already

work.
diminishing

of

Joseph Brunon

conscientious

any

de

Vertiz,in which
was
preventa regularand speedy course of action;
and a brief abstract of the successive stepsof his trial will show
he was
tortured through suspense and anxiety to death.
how
Between
January 25, 1650, and his end on April30, 1656, he

nothingto

there

but

was

can

be

audience

an

cited in the Peninsula.

Orders,was

chargeof

9.

1649, Sept.

"

22.

and

1650, Jan.

at Ms
Five

4.

Audience

to

Audience

at his

Hernan

19.

"

"

Mar.

23.

"

"

audiences.

request.
audiences

on

the

inventoryof

his papers

request.

9.

17.

9,
1651, Jan.
19.
1652, April
visit the cells
11. Inquisitors
May
"

27.

Audience

1654, July 23.

1655, Aug. 14.
1656, April 26.

Summoned

"

an

request.

to audience

audience

Audience

30.

His death.

1657, May
1658, June

11.

The

1.

Citation to kindred

Nov.

3.

Citation

Dec.

10.

1659,

Archivo

to ask if he has

in his cell as

27.

"

Asks

at his

grantedby

more

to say.

he is sick.

mistake.

fiscal presents the accusation.

issued.

publishedin Vera

Cruz.

His brother's
The

procuratorappears.
fiscal asks that the procurator be

Mar.

3.

Oct.

22.

Nov.

effigy.
(MSS. of David Fergusson Esq.)
nacional,Inquisicionde Toledo, Leg. 114, n. 13.

hist,

"

Procurator
Auto

and

was

de Vertiz.

ratifyhis confessions.

"

Aug.

cleric

effects.

8.

June

ples
exam-

Escobar, a

charge,Vicente

Numerous

12.

25.

Feb

only

was

say.1 Similar

Gabriel

JosephBrunon

Audience
Dec.

similar

Arrest of

23 to

to

it

then

by the Toledo tribunal in 1607,

and, in 1622,he died in prison,
leaving

On

5 to Nov.

Oct.
Nov.

and

arrested

Illuminism

his trial unfinished.2

to

whether he had anythingmore

in the lower
a

summoned

once

to ask him

on

case

advocate

de fe in which

sworn

he is burnt

"

sworn.

defence
in

abandoned.

PROSECUTION

VIII]

CHAP.

the remains

OF

THE

DEAD

81

heretic buried in consecrated

of any

ground.1 The
was
equallyunforgivingin cases of majeimperialjurisprudence
in
which
the dead could be prosecutedand their
tas, or treason,
and
confiscated,

estates be

heresy.2

As

of Gowrie

Code

extended

the bodies
recentlyas 1600,in Scotland,

his brother

and

and
trial,

at their

the Theodosian

broughtinto

were

court

this to

of the Earl

to be

present

duly sentenced to be hanged, quartered

and gibbeted;in 1609, Robert Logan of Restalrig,
three years
accused of complicity
in the Gowrie conspiracy,
after death, was
his bones

when

were

exhumed

were

his estate

convicted and

Continental systems
absurd to allow contumacious
the absentee

fifteen

of criminal law

days, after which

it

absence to defeat

he

was

he

regarded as
justice.In Arawas

at his domicile to appear

summoned

was

the trial in which

confiscated.3 As regards fugitives,

was

in the

gon

to grace

within

reputed contumacious and his

but he had the right,
trial proceeded,
after sentence,
even
to return
to the accuser
his expenses.4
and appeal,on reimbursing
harvest thus providedfor the earlyInquisition
The abundant
be estimated from the statement by a contemporarythat,at
may
the Toledo
burned the
auto de fe of July 25, 1485, there were
of
effigies

than

more

hundred

four

The

was

dead

and

as

many

in that of

impressive.A great monument,

covered faith black,was
erected in front of the staging
The sentence of each culprit
was
occupied by the inquisitors.
the monument
read and, as his name
was
was
called,
opened and
was
an
arrayed in Jewish grave-clothes,
brought out and
effigy,
May

25,

1490.

condemned
of the

greatfire was built in the centre

all the effigies
were
consumed, togetherwith

heretic.

as

plaza,and

Then

cathedral,with a
twenty days, and render

in the

belonged to
1

Innocent.

Cap.
2

the

PP.

king.5

Ill

this their

an

We

Lib.

names

were

announced

to the heirs to appear,

summons

Regest.rs,

2, Tit, 1, in Sexto

After

disinterred bones.

the

was

ceremony

within

of their inheritances which

account

might suspectthese figuresof

213.

"

Cap. 12, Tit. xxviii,Extra,

exag-

Lib.

m."

v.

Institt. iv, 18." Digest.XLVHI,

See an
interestingpaper by

iv, 11."Cod.

ix, 8." Cod. Theodos.

i, v, 4.

Esq. (Legal Lore, London,

in England and Scotland.
high
1897, p. 224) on
4 Fueros
Regni
de Aragon, fol. 158, 204 (Zaragoza, 1624)." Observantias
del
de
Ordinacions
5,
"
Regne
Mallorca,
De
Lib.
Contumaeia,
Aragonum,
vin,
3

George

the trial of the dead

for

Neilson

treason

"

p. 224."
5

Ferrer, Methodus

Relacion
VOL.

de la

fol. 49*
procedendi,

(Boletin,XI, 301, 304-6).

InquisicionToledona
6

THE

82
there not

gerationwere

[BOOK VI

TRIAL

other evidences of the

magnitude of the

in progress and of the informal haste with which it was

In 1484, at Ciudad
conducted.
Real, a singleproclamationto

work

the children and

the

names

asserted
Judaizingpractices
of these

none

cases

and

defend
on

persons

forty-two,with

condemns

sentence

the

to appear
heirs,
dead
of sixty-one

be

to

the

tains
deceased,contrial and a single

enumeration

of

proved againstthem.

In

common

did the children and heirs put in

to defend the memory

and

fame

reckless and

appearance

of the dead.1

proceedingswere
reflect the
Instructions of 1484, which evidently
had
of those who
in orderingthe prosecution
These

an

bas^d

indecent

current

been

on

the

practice

dead

even

thirtyor fortyyears, and their property with its fruits to be

for

althougha MS.
possession,
omitted in the printededitions,
exempting
copy contains a clause,
faith
in
from confiscation property held
by good Catholics,
good
at Ciudad Real
In view of the activity
for fifty
years or more.2
that Torquemada,
somewhat
and Toledo, it seems
superfluous
it necessary
in his supplementaryInstructions of 1485, deemed
of the livingshould
the tribunals that the prosecution
to warn
be
them to neglectthe dead, so that their bodies may
not cause
disinterred and burnt and their property be seized by the fisc.3
taken

How
may

from

is found

whomsoever

in

the retroactive energy of the tribunals extended

be gatheredfrom the case of Fernan Sdnchez who had been
far back

about

converted

1416, had lived as a Christian until his death in

fiscated
yet was disinterred and burnt and his estate con-

1456, and who

by the tribunal of Cuenca

and

probably about
Sigiienza,

1525.4

Notwithstandingthe massing

of

cases

sentences,the formalities of the somewhat

duly

were

observed.

The

trials were

not

in the

citations and

cumbrous

procedure
speedy,but, as large

together,only the scantiest attention

the result was
a foregoneconclusion.
will illustratethe process.
At Ciudad Real,August

in progress
could be paid to each and

numbers

singlecase

p.

were

Ramon

Instruccioixes de 1484, ? 20
Lib. 933.

See Vol.

Proceso

546,

Cuenca.

de Santa

Maria

(Boletin,
XXII, 190-3,204, 368-71).
fol.7)." Archive de Simancas,
(Arguello,
sition,
Inqui-

I, Appendix, p. 577.
contra

for the

Luis de Leon

period in which

(Col.de Documentos, X, 150-1). See Vol. I,

was
Sigiiensa
conjoinedwith the tribunal of

PEOSECUTION

VIII]

CHAP.

OF

THE

DEAD

83

8, 1484, the fiscal is recorded as appearingand sayingthat he

desires to proceed againstcertain deceased persons and among
Beatris Gonzalez.

them

He

asks the

to issue their
inquisitors
letters of summons,
citation and edict,
so that the children,
heirs,
kindred and others who wish to defend their bodies and bones,
their fame and property,may
The same
day the edict
appear.
directed to the representatives
is issued,
of Beatris and two others,
of the kindred addressed being named
and others included
some
of parties
under the generalization
interested. The edict recites

that the fiscal is about

and
are

accuse

asks to have them

cited to appear

them,

to

before

or

Beatris and the others of Judaism,

summoned

in

within

their

wherefore
defence,

thirtydays
house-doors,or publishedin

they

after the edict is read

the

to

public

square, or read in the church of San Pedro and affixed to one of

its doors; if they come, they will be heard with the fiscal,
and
will
justice
and

heard

be
the

thirtydays

not appear,

the fiscal will be

will go on without them to the end. The

constituted three terms of ten days each,at the end
case

of which

of each

rendered;if they do

the fiscalappeared before the

and
inquisitors
accused the rebeldia or contumacy of the partiescited and, at
the end of the third,
on
tion,
September6th,he presentedthe accusaof which was
ordered to be givento the children,
with
a copy
it. At the expiration
of this time,
nine days in which to answer
on
September 14th,the fiscal accused the further rebeldia and
received the case to proofand assigned
concluded;the inquisitors
nesses,
thirtydays for it. On October 20th,the fiscalpresentedfour witand secretly
examined by the inquiswho were
itors,
separately
the
usual
of
details
of
the testimonyconsisting
observing
candles and wearing clean linen,with
the Sabbath by lighting
Then
intimation of having chickens killed by decapitation.
an
until January 18,1485,when the fiscalasked
followed an interval,
ing
of evidence. The inquisitors
for publication
grantedthis,ordercopiesg?ven to him and to the children if they ask for it,and
of six days for concluding.On January 24th
a term
assigning
rebeldia and concludes;the inquisthe persistent
the fiscal accuses
itors
hold the children to be contumacious

assigningfor
was

in

sentence

the third

for the
preparation

or

any

conclude the case,

day. All this
following
and

greatauto de fe of March

15th,where the

a
largenumber
read,condemning in mass
their bones
their propertyand ordering
dead,confiscating

sentence

was

of the
to be

TRIAL

THE

84

[BOOK

VI

sands
procedureunder which thoucondemned
and their properties
seized
of the dead were
the forms of justice
were
from the existing
comfortably
owners;
preserved;no heirs or children ventured to appear in defence,
and the condemnation
might as well have been pronounced at

dug

and burnt.1

up

This

the

was

beginning.

the

offered temptations
to act on insufficient evidence
facility
of importance were
when
and occasionally,
concerned,
persons
March 10, 1491,
at Saragossa where, on
there was
as
a contest,
of the dead,
the fiscal presentedhis clamosa againsta number
defended them with persistent
whose representatives
energy until
and three
December, 1499, when there were eightcondemnations
check on the abuses inevitable to the system
Some
acquittals.2
was
attempted,in the reformatory Instructions of 1498, which
of the dead is to be commenced
unless
order that no prosecution
there is proofsufficiently
completefor condemnation; the practice
where
in
of suspending cases
proof is imperfectis prohibited,
view of the hardship endured
by the heirs,who are unable to
stances,
to disposeof their property and, under such circumor
marry
is ordered.
Procrastination and delayare also
acquittal
forbidden,and cases must be determined speedily.3
under these circumstances inflictedgreat suffering
Sequestration
This

seen, in the Instructions of 1561, it came

of sequestrating
generalprohibition
property in the

until,as
under

the

we

have

this

time,prosecutionof the dead had

shrunk to an inconsiderable part of inquisitorial
and this
business,
possiblyaccount for other ameliorations in procedure. The
may
necessityof sufficing
proof was insisted upon; pains
preliminary
there were
to be taken to ascertain whether
were
descendants,
hands

so

who
the

rule had

refused,even

no

one

who

appeared

as

prosecutionsthat
Archive

they could

diminished

only lie for formal

List, nacional,Inquisicionde

the

number

*
8
4

of

heresy. Crimes

Toledo,Leg. 137, n. 98; Leg. 165,

551.

n.

defender

he

established itself which

"

in person;

might be a prisoneron trial,

though
if no defender appeared,
could empower
a
representative;
to appointa skilful and. sufficient person, who
was
inquisitor
not an officialof the tribunal.4 By this time,also,another
to be

was

parties.By

to cite them

as

was

of third

Biblioth"quenationale de France, fonds espagnol,76, 77, 93.

Instrucciones
de 1498, ? 4 (ArgueUo, fol. 12).
Instrucciones de 1561, ?" 61-3 (ArgueUo,fol. 35).

CHAP.

PROSECUTION

VIII]

OF

DEAD

THE

85

involvingsuspicionof heresy,such as fautorship,

receivingand
defendingheretics and many others,were excluded,for the reason
however
that suspicion,
held to be extinguished
was
violent,
by
It
also
death.1
was
generallyadmitted that strongerproof was
for
prosecutionof the dead than of the livingbecause,
required
sufficesfor the latter
as Rojas explains
it,semiplenaor half-proof,

"apparently alludingto
If

they could

the fact that the dead

could not

be tortured.2

be

selves
tortured,so neither could they save themfrom relaxation by confession and abjuration. This naturally
resulted in burningin effigy,
exceptin the case of death during
trial,
when, if the prisonerhad manifested repentanceand sought

readmission

to the

the auto de fe,

Church, his effigy

was
does this somewrhat

nor

aroused

to have

have

not

sense

by

of

solemnlyreconciled

grotesque ceremony

Death
incongruity.

in

in

appear

prison,as

we

infrequent
and, as the cases when
commenced
continued to the end,they furnish,during
once
were
the later period,a considerable portionof the prosecutions
of
the dead.
Suicide in prisonwas
held to be confession of guilt
and pertinacity.
The sentence
pronounced on the dead was even more
sive
impresIt
him
lived
have
than that on the living.
and
declared
to
and fame were
condemned
and his
died a heretic,
his memory
was

seen,

property was

no

means

confiscated.

"And

order

we

the

day
shall be placed

that,on

of

his person
on
effigyrepresenting
and a sanbenito bearing
the scaffold,
with a mitre of condemnation
of the condemned
and on the other
side the insignia
one
on
after the readingof this
a
placardwith his name, which effigy,
and justice,
our
sentence, shall be delivered to the secular arm
be distinguished
if they can
and his bones shall be disinterred,
the

auto,

an

and be delivered to the said

Christians,
to be publicly
ous
burnt,in detestation of such greatand grievjustice
his tomb, or if his
crimes. And, if there is any inscription
on
are
they shall be erased,so that no
anywhere displayed,
arms
of him shall remain on the face of the earth,except of
memory
order in it. And,
and of the execution which we
sentence
our

from

of faithful

those

Tit. xroi,
de Oath. Institt.,

Simancse

Direct.,P.

in.

"

Praxis

n.

13.

"

procedendi,Cap.7, n.

Pegnae Comment.

92 in Eymerici

(Archivohist,nacional,Inquisicion

de Valencia).
2

Rojas de Hseret. P.

vbi sup.

"

n, n. 30-31."

Tit.
Simancse,op. tit.,

Lib
Sousse Aphoris. Inquisit.

n, Cap. 50,

n.

xvm,
11.

n.

12."

Pegna,

TRIAL

z"?

86
remain
that it may
the more
that the said sanbenito or

he
for

the cathedral

or

chial
paro-

in a prominent
parishioner,

was

it shall remain

where

place

of which

of

church

VI

of the living,
in the memory
order
we
like it,with the said insigniaand
one

condemned, shall be placedin

of the

name

[BOOK

Moreover

ever.

order

we

that

line,be deprivedof
that they possess,
and benefices and publicpositions
all dignities
for others,as well as to ride on horseback
and be incapacitated
and wear
and carry arms
silk,camlet and fine cloth,gold,silver
and corals and other things forbidden by the laws."1
the children and

We

the

how

already seen

have

the male

by
grandchildren

in the

numerous,

opening years

of

shown by the burning

the trialsof absentees,
as
were
Inquisition,
not only from
This arose
in the autos de fe.
of their effigies
of those alarmed
the flight
by the activityof persecution,but
the investigation
of the records of all who, for years
also from
before, had changed their placesof residence or had betaken
the

themselves

of the

hurried
be

to

When

had

or

was

associated with him

been

Morisco

or

portion
pro-

after the

was

recognizedthe

first

continued

arrested,
impending
of leaving

of concealment
or
possibility
the country, prudencecounselled absence.
The Inquisition
sought
those
whom
evidence
trace
to
obtained
against
was
energetically
them
it prosecuted
in absentia.
In some
and, if it failed,
respects

danger and,

this

was

procedurediffered

The

Instructions

regardto
The

if there

This

seas.

past, but still there

Judaizer

beyond

maintained

not

was
expatriation

cases.

many

all who

early period

of

rush

of Granada

Moors

to the

from

of 1484

by the canon
Tit. 2 in Sexto .Lib. v) which
suspicionvehement, a man
excommunicated, when, if
which

he is to be

courses

the

as

that furnished

year,

prosecutionof

give minute

it,pointingout three

first is recommended

in

that

and

law

in

precisedetails with

which

safest and

the dead.

may

be followed.

least

rigorousand is
Cap. Contumaciam
(Cap. 7,

providesthat,as contumacy renders

who
he

condemned

is suspect in the faith is to be

remains
under the censure
for a

as

heretic.

Under

converted
conveniently

this process,

suspicioninto formal heresy,justifying

condemnation,testimony was
superfluousand conviction
so
certain,
that,althoughit cost some .delay,we can understand
the preferenceexpressed for it. It simplyrequiredthe party to
1

Pablo

Garcia, Orden

de

Processar,fol. 67-8,

PROSECUTION

VIII]

CHAP.

in matters

ordered the fiscal to

denouncing him

as

If

he

did

87

the

appear,

inquisitor

his contumacy and to demand

excommunicate
and then, if he

an

affixed to the church-doors

publishedin

was

not

letters

accuse

in his contumacy for a year, he

made
The citations were
by the
and

ASSENT

the customary monitions,

to defend himself
of faith and a specialcharge of heresy,under pain

excommunication.

of

THE

with

summoned,

be

OF

declared

was

heretic.

customary edicts,proclaimed

of his

the

persisted

formal

and
domicile,

churches

with

the

the

munication
excom-

customary

solemnities.
The

second

method

The

third process

speedyand was adapted to cases

where the heresy could be completelyproved. The accused was
cited by edict to appear
and prove his innocence,
lar
with stepssimito those used in summoning defenders in prosecutions
of the
dead; when the terms allowed were
passed,if the evidence was
the absentee could be condemned
without further delay.
conclusive,
was

more

suitable for

was

where

cases

the

evidence,

vehement
though incomplete,justified
presumption. An edict
issued againstthe accused summoning him to appear within
was
time and furnish canonical purgation,
with notice that,
a specified
he
if he did not present himself,
if he failed in his purgation,
or
would
be held as convicted and be treated accordingly.This
the simplestand speediest,
but the Instructions say that,
was
it was
well grounded in law,and inquisitors,
althoughrigorous,
could adopt either of the three courses
at their discretion,
as best
adapted to the case in hand.1
The first of these methods, utilizing
the device of contumacy
the one
almost universallyemployed,when time was
of
became
no
but, in the impatienttemper of the earlyperiod,
consequence
speedierprocesses were preferred.The case of Sancho de Ciudad
and Marl Dfaz his wife,was
tried by the second process and will
illustration. Sancho was
an
as
serve
regidorof Ciudad Real and
a

citizen.

well-known

that many

Inquisition,
among
whom

he

intended

On

persons

whom
to

November
defamed

14, 1483, the fiscal represented

for heresy had fled from the

were
notoriously

accuse,

and

he

Sancho

asked

the

his

wife,
on
inquisitor,
and

Two
witnesses then
due proof,to cite them to appear.
receiving
deposed that it was notorious that they were absent and, as they
it
had departed about fifteen days before the Inquisition
came,

Instrucciones de 1484, ? 19

(Arguello,fol. 7).

PROSECUTION

VIII]

CHAP.

Francisco

was

this

secular

of the

de fe with

nullityin other
had

who

burnt

is abandoned

proceedingwas
enhance

additional comburation
admitted

respectswas

been

whole

the confiscations and

secure

autos

89

the condemned

sentences

for burning,the
justice

designedto

ABSENT

bunal
Fuente,an experiencedjudge from the triReal,we must presume that there was nothing
quick despatch.

Although in these
any

THE

de la

of Ciudad
in
irregular

OF

in

effigyshould

by

the

return

to

merely

the solemnities
of

Its
effigies.
rule that,if a culprit
fessing
conspontaneously,

and

if he
This

he could be admitted to reconciliationor,

repenting,
asserted his innocence,
he was
to be heard in his defence.
decreed by Torquemada, October
was
10, 1493, with the

reservation that it
confiscation.

In

condemnation

had

was

1494

there

was

the

it was the duty

false-witness,
without awaiting
sentence ex officio,

of the convict.1
the appearance
No change of importancewas
the Instructions
the

was

sometimes

used

summoning

the

of grace and did not affect the

a further provision
that,if the

been the result of

to revoke
inquisitors

of the

matter

of 1561.

introduced

In

in the

procedureby
tumacy
prosecutionfor con-

the
practice,
one
ordinarily
employed;the second method was
when the testimonywas completeand the third,
accused to compurgation,
became
obsolete. The

formula

of the sentence,in the firstmethod, avoids all allusion to

the crimes allegedagainstthe accused and bases the condemnation
tion,
wholly on his remainingfor a year under excommunicathus provinghimself to be an apostateheretic,
the penalties
for which
in his
Of

his person, if it can

him.2
the effigy
representing

to be executed

are

absence, upon

condemnation

course

the process

was

on

to the stake

commenced,

whether

accused

not.

againstthe

or

was

there
Some

be had

when
inevitable,
was

and,
once

dence
substantial evi-

authorities held that,

caught,he was to be burnt,but Simancas

of the Inquisition
in assuming
expresses the considerate practice
whether he presentshimself sponthat he is entitled to a hearing,
taneously
time
is
of
is
f
or
there
no prescription
against
or
captured,
he
within a year
cation,
can
plead againstconfisdefence;if he comes
be heard only as to himself,
but after the year he can
whenever

he could be

Lib. 979, fol. 39; Lib. 933.

Simancas, Inquisition,
Ibidem, Lib. 979, fol, 37." Archivo de Alcald,Hacienda, Leg.
10)." Pablo Garcia, Orden de Processar, fol. 53-4.
1
8

Archive

de

5442

(Lib.

[Boos

TRIAL

THE

90

has
innocent
or
manifestly
be doubted
impediment.1It may justly

been

unless he is

the

case

contumacy, and

for

burnt

ever

of

of nine Judaizers

end

four
to

were

of February.

Five

reportedto

have

ending in
leisurely,

have

on

were

ordered by

was

reached

the warrants

departedsecretlyabout
traced to Mdlaga and

Pietrabuena,but all efforts

July 27th, the fiscal asked for
to

in contumacy followed
should
of relaxation if the culprits

regularprocess

edicts of citation. The

sentence

This
should be burnt.
if not, that their effigies
pronouncedDecember
confirmed by the Suprema and was
and executed April13, 1660,in an auto de fe at Seville.

be found
was

gone

just

any

arrest

When

of them

failed and,

capture them

whether

Beas, whose

the tribunalof

the

was
fugitive
i
s
ordinary practice seen in

the

Murcia, April5, 1656.

Beas, April12, they were found to

detained by

VI

and

5, 1659,
Nearly twenty

later two

years

Ana
fugitives,

of the

Enrf quez

and

Diego Rodriguez Silva,were arrested at Daimiel.

brought from
the previousrecords were
tried anew;
They were
their career
ing
durMurcia and used, as well as evidence concerning
no
thoughtof executingthe former
the interval. There was
her husband

sentence;the consulta de fe voted for reconciliationwith

of

two

Suprema changed
prisonand sanbenito,which
and it was
duly publishedin an auto de
irremissible,

to

the

December

petual
per-

fe of

17, 1679.2
the

Dilatoryas were
were
speedy when
tribunal issued

in
proceedings

compared
warrant

with

some

of arrest

absentia in this case, they

The Valladolid
others.

againstthe CapitanEnrique

Enriquez,June 6, 1650, but he eluded it.

dragged on until July 30, 1659, when
confirmed

years

by

the

Suprema

November

His trialfor
sentence

24th

and

contumacy

rendered,

was

sent to

Seville,

April 13, 1660.3 It would

the Suprema for,in 1666,
appear that these delaysdid not please
it called upon the tribunals to reportthe sentences agreed upon
againstthe absent and dead and to push forward all unfinished
that it had in hand three cases
trials. To this Barcelona replied
of a
two of bigamy, one
of absentees guiltyof "propositions,"
to

be executed in the auto

de fe of

fraile who
1

was

said to have

fled to France

in order to embrace

Hacienda,Leg. 54427Lib. 4). Simancae de

Miguel Calvo (Archivede Alcala",
"

Cath. Institt. Tit. n,

n.

203 21.

Diego Rodriguez Silva,fol. 27-34;

foL
158
(MSS. penes me).
Enrfquez,
3 Archivo
de Simancas, Inquisicion,
Leg. 552, fol. 43.
2

Proceso

contra

Proceso

contra

Ana

BUENING

VIII]

CHAP.

Protestantism,and

another

indicate that these

would

OF

of

EFFIGIES

dead

91

Huguenot"

constituted

all of which

considerable

portion
business of the tribunals. The Suprema therediminishing
upon
ordered that if,on examination,
prosecutionappeared to
called for, the cases
should be followed up closelyto a
cases

of the

be
vote

in the consulta de fe, which

was

to be

submitted to it for

decision.1
of the
"Effigies

dead and absent continued to be

of the autos

of the attractions

one

de fe.

In the great Madrid celebration of 1680,

headed with thirty-four,
of which all but two

was
procession
were
burnt; they bore mitres with flames,on their breasts were
in largelettersand some
of them carried
placardswith their names
chests containingtheir bones.2
At that of Granada, in 1721,
there were
no
livingpersons burnt,but there were seven effigies,
and the chronicler of the occasion assures
that the glory of
us
Catholic zeal is acquiredas much
by carryingto the flames the
dead as the living
the alguacil
and, in this case, the inquisitors,
and the secretariesbore them in the procession.Fired
mayor
by this example, after the sentences were
read,the ministers of
carried them
the royal chancellerfa exultingly
from the staging

the

to the

brasero

where

at Llerena,there

It will be

seen

they

burnt.3

were

Even

as

late

were

six

from

this presentation
of facts from

of
effigies

and
fugitives

one

1752,

as

of

dead

the records

developedin the Spanish Holy

being the benignantand equitable
so far from
procedure
Office,
and
re-echoed
modern
its
asserted by
by
representatives
apologists,
o
f
which violated every principle justice.The guiltof
one
was
in advance; the prosecutionwas
assumed
the accused was
the defence was
so crippled
favored in every way;
as to be scarce
in realitythe
than a pretext,while the judge, who was
more
shielded,by impenetrable secrecy, from all
prosecutor, was
except to the Suprema. Many cases cited above
responsibility
not always
show that the arbitrarypower thus conferred was

inquisitorial
process,

that the

Archive

Libro
2
3
4

XHI

as

nacional,Inquisicionde Valencia,Leg. 11, n. 2,

Cartas,fol. 184 (MBS. of Am. Philos. Society).

hist,
de

del Auto, etc.,pp. 101-2.

Olmo,
Royal Library of Berlin,Qt. 9548.
de Alcald,Hacienda, Leg. 544* (Lib. 9).
Archivo
Relacion

fol. 122.

"

THE

92

the

system,

for

evil

de

1816,

depended

the

Italy,

to

Bullarium
the

the

Cap.

of
it

assimilating

to

xliv,

reform

that

Spanish

Pius

Holy

VII

and

Art.

the

1,

the

Office

in

secular

38,

Collectio

no

attention

vicious

as

exercise

VI

for

as

good

or

temptation.1

39,

40)

is

no

it

it

was

in
to

was

such

of

trace

Gazette

Inquisition
which

If

Lacensis.
to

Homan

reform

the

from

quotes

the

of

courts,
There

the

paid

n.

its

procedure

everywhere.
or

necessarily

and

in

of

Inquisition
of

existed

temperament

crft.

account

[BOOK

not

were

power

on

(Hist.
an

extended

the

but

Llorente
France

individuals

the

for

abused,

TRIAL

action

enforced

be

in
in

BOOK

VII.

PUNISHMENT.

CHAPTER

THE

infliction of

the

IN

secular

courts

'in

SENTENCE.

punishment,
death

on

Inquisitiondiffered

fire and

by

penitent
these,in its extensive
apart
heresy, suspected heresy and
and

the

the

important respect.

one

impenitent heresy

for

I.

from

law

provided

and visited
confiscation,
but
disabilities,

descendants

on

Public

from

certain

field of

jurisdictionover penitent
offences, the Inquisition
had full discretion and was
bound
the only
by no rules. It was
tribunal known
to the civilized world
which
prescribed penalties
modified
and
them
In this, as in so much
at its will.
else,it
combined

the

The

culmination

accused.

the
lost
the
such

the
In

tos.

The

the

latter

offence.

functions.1

tribunal

of the

result of its labors

and

the sentence

was

decided

the

fate of

not

In

the

to the best

turned

two

forms

of

sentence

recited

at

length the

former
was

The

the

that

cases

was

briefer

and

consulta

de

usually defined

all

executive

appeared in public autos de fe,

sentence
was
not
publicly read, and the opportunity was
of
minds
the
the
the
of impressing on
people
loftyduties of
and
the
Office
the
of
which
merited
enormity
Holy
guilt
for
the
It afforded
occasion
chastisement.
an
display of

which
power,
There
were

or

the

of the work

embodied

which
the

and
legislative

other

which

Appendix

wiH

comparative frequency

be

of the

found

meritos

con

"

it

fe, when
should
appear

the

agreed

sin meri-

of the
character
upon

used, and

be
in

and

misdeeds

merely stated

form

culpritshould

account.

public

also

auto.

culprit;
of the

verdict,
whether

This,

the
fragmentary statistics illustrating
punishments inflicted by the Inquisition.

some

various

in

(93)

TEE

94

itself,
was
sentence

in

an

auto

[BOOK VII

infliction,
aggravatedby the reading of a
For lightercases
the sentence
meritos.
was
con
read
in the audience-chamber,
of which there were
particular,
severe

several varieties,
as
The

SENTENCE

sentence

details of the

con

will be

seen

hereafter.

meritos commenced

with

full recital of the

trial,
through all the various stepsof the cumbrous

the fiscaland the accused,

as
a suit between
process, represented
the crimes proved against or confessed by the
and it specified

culprit.It was thus sometimes enormously long. In the famous

of Magdalena de la Cruz, a fraudulent beata revelandera,
case
fictitious sanctityand miracles had deceived all Spain
whose
throughouta long career, the readingof the sentence at Cordova,
May 13, 1546, occupiedfrom six in the morning until four in
Pablo
of Don
de Soto, conIn the sentence
the afternoon.1
victed
the
in
all
of bigamy at Lima,
examinations
1761,
are
detailed at full length,includinginformation
volunteered by
in no way. connected
him concerningpersons and matters
with
the case; the secretaryappears to have copiedverbatim the records
of the successive audiences,as though to prolong the shame
of
the penitent.2After these prolixrecitals there followed the
verdict "Christi nomine
invocato," in which, if the trial had
the inquisitors
resulted in conviction,
found that the fiscal had
duly proved his charges,wherefore they must declare the accused
with its corresponding
guiltyof the heresyalleged,
penalties.3
left in ignoranceof their fate until,
were
rule,prisoners
the morning of the auto de fe, they were
on
prepared for it by
which designated
their punishments.
beingarrayedin the insignia
So jealously
were
they kept in the dark that,when the customary
proclamationwas made of an auto, fifteen days in advance,with
As

drum

and

trumpet, the officialswere

not allowed to

lest the inmates

should hear the
Inquisition,
what was
in preparation.At the great auto
we

are

told that,when

the

approach

sounds
of

and

Lima,

in

the

guess

1639,

proclamation was

made, the negro

placewhere they could

assistants of the

gaolerwere shut up in a
not hear it,so that they might not carry the information to the
and the workmen
prisoners,
employed in making the mitres,
1

Bibl. nationale

MSS.

See

de

France, fonds espagnol,354, fol. 248-69.

of Bibl. nacional

Appendix

for

de Lima.

specimen of the conclusion of

sentence.

CHAP.

DELAYED

I]

UNTIL

THE

AUTO

DE

FE

95

sanbenitos and

crosses
in the Inquisition
were
assigneda room
could
labor
they
unseen, under an oath of secrecy.1 The
effect of the sudden revelation,
when it came, is indicated in the
better to give to those who were
advice that it was
to appear

where

in their cells than

their breakfasts

brought

togetherfor the

confusion

and

and

to

wait

until

for then
procession,

the
suffering,

fathers

they

there

were

shame

was

seeingtheir

all

sons

and

daughterstheir mothers in the sanbenitos and other insignia

their punishments.2 The despair
that designated
induced by the
found expression,
precedinglong-drawn suspense occasionally
as
of
the
in
case
Diego Gonzalez,who was reconciled for Judaism
in the Valladolid auto of July 25, 1644.
On the morning of
the gaolerentered his cell to givehim breakfast,
that day, when
found pale and faint,
with the blood flowingfreely
he was
from
in
his
made
with
his bedstead,under
a nail from
a wound
arm,
the impressionthat he was
to be burnt, and he had to be carried
Llorente recounts
to the solemnityin a sedan-chair.
similar
a
in 1791, when a Frenchman
an
eyewitness,
case, of which he was
Michel Maffre des Rieux hanged himself in consequence
named
of being thus kept in ignorance.3
The objectof the delay in thus communicating the sentence
to prevent appeals to the Suprema. We
have seen
was
how,
and the monarchs
in opposingappealsto Rome, the Inquisition
in view of the appellate
argued that they were whollysuperfluous,
of the inquisitor-general,
who
was
always prompt
jurisdiction
committed
but this nominal
to rectify
injustice
by the tribunals,
rendered
for the most
by this
opportunitywas
part illusory
until appeal
device of withholdingknowledge of the sentence
about
was
by degrees. Originallyit
impossible.This came
the

would

that

seem

the tribunals exercised

the sentence
The

rare.

in

some

to

send

until the

cases,

auto, althoughexceptionswere

1561,while admittinga rightof appeal

in such cases, the tribunals
nullifiedit by ordering,

proceedingsin

the

other,for
1

2
3
4

holding
to with-

as

Instructions of

advance

allowingthe accused to know of

of justiceon
influences,
the

discretion

in 1568 it was

to

the

it.4 There
one

Suprema,

evidentlywere

side and

in
ordered "that,

cases

tending
con-

convenience
not

of

Inquisicionde Lima, II, 108, 109

Lib. 979, fol. 40.
Archivo
de Simancas, Inquisicion,
Ibidem, Legajo 552, fol. 33." Llorente,Hist. crit. Cap. ix, Art,
fol,54),
Insfcrucciones de 1561, \ 51 (Arguello,

Medina,

without

on

heresy,

Hisfcoria de la

xv.

I]

CHAP.

APPEALS

reprimand

and

warning

strict reclusion
that

in

the

it, to which

meddle

to

definitions laid down

certain

accept

not

97

for

convent

sentence

by

with

matters,

to

the

year.
and
absurd

was

such

tribunal,and to
He
vigorously protested
he
appealed from

fiscal retorted

the

by likewise interjecting
an
appeal. The Suprema heard both appeals and decided,July 30,
1596, by confirmingthe sentence as to reprimand and warning,
and omittingthe rest.
Even
this did not satisfythe obstinate
Franciscan for when
read to him, August 2d, he refused to accept
it and appealed to the pope, but, on
being warned to reflect
the
this appeal and submitted.
well,he on
same
day withdrew
There
be little doubt
however
can
that the inquisitorssuppressed
the revocation
a

petitionfrom him

of

part of the sentence,for there follows

to be allowed

to visit his native Yillarubia

deceit of this kind being

enteringupon his reclusion,
in the profound secrecy of the tribunals.1
perfectlypracticable
successful was
the Geronimite
More
Fray Martin de Cazares,
prosecutedin Valladolid for superstitious
curingof the sick and
sentenced,in 1655,to reprimandand four years7exile from certain
places. The Suprema had confirmed the sentence and yet on appeal
hina it remitted the exile.2 By this time the Suprema was
from
all action of the tribunals and, as it gradually
became
supervising
the whole Inquisition,
appeals grew to be superfluous,
yet the
of withholding
the sentence was
custom
persistent.
before

class of cases,
always made

however, in which notification of

the sentence was
priorto the auto de fe those in
to relaxation. The
condemned
which the culprit
was
object of
this was
to givehim a chance of savinghis soul by confession and
conversion;in the earlier periodthe notification was short,being
after,
only at midnight before the auto, but this,as we shall see hereextended to three days.
was
subsequently
There

was

one

"

when
the inquisitor,
Inquisition,
always reserved the rightto modify it,in the

tence,
renderingsen-

In the medieval

of mercy
for he

the
1

was

or

of

or
severity,

For

it wholly. He

remove

practically
independentand

onlyauthorityover
Archive

to

de

him

in

this,

superior,

beingthe distant and almost inaccessible

of Lucrecia

de Leon

see

428.

the author's

EeligiousHistory of Spain," p. 359.

2 Archivo
de Simancas, Inquisicion,
Leg. 552, fol. 40
VOL.

could do

to any
irresponsible

Simancas, Inquisicionde Toledo, Leg.

brief account

direction either

"

Chaptersfrom

the

THE

98

SENTENCE

[Boo*

Vll

Holy See. The Spanish inquisitor

occupied a wholly different
in
held
strict
and constantly
subordination
being
position,
increasing
to the Suprema and, as commutations
earlybecame a source
of

largerevepue,

it is easy

to understand

not

permittedto participatein

the

Instructions thus "undertook to

the

that the tribunals

were

proceeds. Already in 1498,

of inquisitor;;
limit the power

mutations
modify sentences,by orderingthat they should not grant comfavor
without
when
such
for money
or
or
justcause and,
be into fasts,
must
the commutation
almsgivingand other
existed,
pious uses; there could be no release from wearing the sanbenito
and the rehabilitation of descendants was reserved for the inquisitorgeneral.1It was difficultto enforce restrictions which recognized
to modify sentences
and, in 1513,Ximenes
any rightof inquisitors
deprivedthem of it wholly and concentrated the power in the hands
It was
of the inquisitor-general,2
wholly a matter of finance and
how
thenceforth utilized.
it was
have seen
we
(Book v, Chap, iii)
to modify a sentence
to have no power
The tribunal was
recognized

to

when

by

pronounced;as

once

law

common

an

and
inquisitors

experiencedwriter says, although

Ordinaries can
change or mitigate

sentences,it is otherwise under the Instructions which

this is reserved

they have

the reason
inquisitor-general,
being that
their powers.3
distance rendered application
to the Suprema

for the

exhausted

In the

Indies,where
the tribunals
virtually
impossible,
of

modifyingsentences,even

it. In

1663

for sorcery

an

declare that

old woman,

to have

seem

though they may

known

as

retained the power

rarelyhave exercised

Isabel de

Montoya, tried

in an
sentenced
to appear
auto de fe
Mexico, was
lashes and to serve
with the sanbenito,
to receive two hundred
for
life in a hospital. In the audience-chamber,November
5th,the
sentence
read to her,in presence of the fiscaland her advocate.
was
With the assent of the latter,
she begged that the sanbenito and
be omitted; she had only been an impostor and had
the scourging
had no pact, expressed or implied,
with the demon, and in view
in

of her age and

sickness and

in the torture she supplicated

crippling
On November
7th the fiscalreplied
to this,
askingan aggramercy.
vation
of punishment became
her
it proved
to be an impenitent
in denying her pact and intention. November
21st the consulta
de fe assembled
and unanimously confirmed its former sentence.
1
2

Instrucciones de 1498, " 6 (Arguello,

fol. 12-13).

Llorente,Males, II, 31.

Elucidationes Sti Offieii,
? 27 (Archive de Alcala",
Hacienda,Leg 5442,Lib. 4).

CHAP.

8EVEE1TY

I]

The

auto

de fe

was

OE

BENIGNITY

99

celebrated until May 4, 1664; on

not

the 6th

duly scourgedthroughthe streets and on the 15th she was

delivered to the Hospitaldel Amor de Dios. Her pitiful
prayer,
and
was
June
sickness, justified
for,on
urgingage
17th,a messenger
her
the
announced
from
hospital
death,and the inquisitors
briefly
she

was

ordered it to

bury her.1

it is impossible
to generalize,
where in the
regardscruelty,
discretion was
earlier periodsso much
allowed to the tribunals,
the
and so much
who might
depended on
temper of the inquisitors,
As

be stern

or

In the

humane.

case

of the obstinate heretic

or

of the

negativethere was no question;the law of the land and

impenitente
universal publicopinionalike condemned
him to the stake but,
in the wide sphere of the penitentheretic and of the numerous
had cognizance,
there was
offences of which the Inquisition
an
or
benignity.Againstthe
ample field for the displayof severity
barbarityof a case like that of Isabel de Montoya, which had too
be set the tendencies of the Toledo tribunal
parallels,
may
many
In its reportsto the Suprema at that period there
about 1600.
for
occur
explanatoryremarks,as though to apologize
frequently
the mildness

of the

which indicate its readiness

sentences,

such

"she

to

temper

poor and

a
was
expressions
ignorant
"she
was
spared heavier
woman/' "she was simpleand ignorant,"
because she was
only sixteen years old,""she seemed
penance
enness."
recent baptismand drunka very simpleand a very good woman,"
in bigamy cases, involving
scourgingand
Occasionally,
the galleys
accordingto rule,the omission of these is justified
by the age or weakness of the culprit.Sometimes,but not often,
which
the prisonerhas endured
the suffering
during prolonged
and is admitted as part
imprisonmentis taken into consideration,
becomes more
of the punishment.2 This tendency towards mercy
when
opment
the humanitarian develin the periodof decadence,
marked
and it
in the Inquisition,
itselffelt even
of the age made
contrast to the savage fanaticism of the secular
offers a suggestive
than Spain.
enlightened
courts of a land which claimed to be more
crucifix on the bridge
.^tAbbeville was mutilated
In 1765 a wooden
under
and the Bishop of Amiens
publisheda monitoire ordering,
pain of excommunication,any one havingknowledgeof the matter

its judgements
"

as

"

Proceso contra

MSS.

of

Isabel de

Library of

Montoya,fol. 318-26, 342-5, 348 (MS. penes me).

Univ.

of

Halle,Yc, 20,

T. I.

TEE

100
to denounce

of

court

accused her

Duval

the offender.

Abbeville,who

was

nephew,the

SENTENCE

de

[BOOK
a
Saucourt,

VII

counsellor in the

inimical to the Abbess

of

Villancourt,

Chevalier de la

Barre,a youth of nineteen.

without
The only evidence was that he had once passeda procession
the Eucharist and had
his hat, that he had talked against
lifting
licentious songs.
He was
doubtless irreligious
sung impious and
in the court of
and debauched,and his evil reputationsufficed,
of amputatinghis tongue and right
a sentence
to justify
Abbeville,
hand and burninghim alive. Appeal was made to the Parlement
of fifteento ten, confirmed
of beheadingbefore concremation
with the mitigation
of Paris

which, by

annals

sentence,

and this was

of the

SpanishInquisition
and the comparison
than this,
raging
outinstructive in that its penaltyfor sacrilegiously
more
with aggravating
the Virginor the saints,
an image of Christ,

duly executed,July 1, 1766.1 The

hideous
offer nothingmore
is the

the

vote

in an auto de fe with the

merely appearance
was
circumstances,
of a blasphemer,abjurationde levi and a hundred lashes
insignia
or exile,
or vergiienza
accordingto the character of the offence and
of the

culprit.2
boasted that it was
The Inquisition
no
respecterof persons and,
its rules offer a favorable contrast to those
in one pointat least,
In Spanish law the privileges
of gentility
of the secular law.
were
fullyrecognized
and, for many crimes,the penalties
assigned
milder than those inflicted on the commuch
blood were
to gentle
monalty.
reversed in the Inquisition,
This was
where
it was
nobles should be punishedmore
prescribed
that,in matters of faith,
This was
doubtless owing to the assumpthan plebeians.3
severely
tion
trained
less
and
that they were
more
intelligently
exposedto
more
impressive.
error, besides the fact that their example was
for whom
On the other hand, however, the clergy,
less excuse
treated with much greaterleniency
could be found, were
than the
laityand, far from being utilized as examples,their frailtiesand
shielded as much as possible
from public
errors
were
view,in order
for the Church.
not to diminish popularreverence
The penalresources
of the Inquisition,
shall see, were
as
we
endless. While,for certain well-defined offences,
certain penalties
were

customary,the discretion of the consultas de fe

s.
Biographieuniverselle,

v.

p. 232 (Paris, 1863).

2
Elucidationes S*i Officii,
" 41
8

Ibidem, " 32

Barre.

"

Les Crimes
L'Oiseleur,

was

et les

bound
Peines,

(Archivede Alcala,Hacienda,Leg.5442,Lib. 4).

CHAP.

by

no

I]

NON-PERFORMANCE

definite limitations

ordinarias,and

specialcases.

to
were

as

101

to what

they could devise whatever

Infinite

gradationsand

resorted to in the effortto fitthe

individual,and

known

were

also doubtless

seemed

penas

extra-

appropriate

intricate combinations'

penaltyto

often to

as

secure

consulta de fe, so that not

the offence of each

unanimity in the
six or eight
separate

there are
infrequently
and distinct inflictionsin a single
It would be too much
sentence.
to expect that,in so compositean institution,
than
duringmore
three centuries of existence,
there should have been strictconsistency
in the exercise of this discretional power, but,making allowance
for the infirmities of human
nature under the temptationof irresponsibil
it can scarce be said that ithabitually
abused itsauthority,
accordingto the barbarous standard of the times,exceptin the
infliction of pecuniarypenalties
which its finances depended,
on
and in the vindication of its authority
againstall who dared to
It was
callous to the sufferings
of those
questionits supremacy.
it prejudged as guilty;
whom
it devised the most atrocious formulas
of procedure;
tion,
but, when it had secured confession or convicit was not systematically
and ferociously
cruel as has so often

been asserted.
it is to be observed
regardsthe enforcement of the sentence,
classes. Some,
that the penaltiesdivide themselves into two
the galleys,
such as relaxation,
ciliation
reconconfiscation,
fines,
scourging,
within
the power
and abjuration,
of the tribunal.
were
exile and reclusion,
Others, like imprisonment,the sanbenito,
dependedto a greateror less degreeon the will or the fears of the
have seen, punishmentwas regarded
as we
penitent.Theoretically,
for the salvation
voluntarily
as penance,
acceptedby the penitent
did not
unlike the father confessor,
of his soul,but the Inquisition,
ardor of the sinner. Punishment
relywholly on the penitential
gian
the theoloretained enough of the character of penance to justify
in treating
its non-performanceas a proof that repentance
into heresy,
and that the offender had relapsed
had been feigned,
death by fire without
the penaltyfor which,under the canons, was
As

trial. In the earliertime

this was

enforced

in

so

far

as

Thus, in 1486,at Saragossa,

Rodrigode Gris,who

was

possible.
had been

perpetual
imprisonmentin a designated
house,with
burnt in
the penaltyof relapsefor leavingit,escaped and was
the
effigyas a relapsedand, in 1487, Cristoval Gelva,to whom
assignedas a perHospitalof Nuestra Senora de la Gracia was
condemned

to

SENTENCE

THE

102

[BOOK

VII.

for escaping.1This continued

effigy
while summoning
time to be the theorybut, in practice,
for some
to appear for judgement,
it
the fugitive
as an
relapsed,
impenitent
deemed safer to proceed againsthim in the ordinary way
was
him for contumacy.
in absentia,
waitingfor a year and prosecuting
who escaped
Such a case appears to be that of Bartolome Gallego,
in 1525 from the penitential
prisonof Toledo and was condemned
November
to relaxation in effigy,
3, 1527.2 Some forty years
from flight,
that the suspicion
Pablo Garcia explains
arising
later,
for a year,
joinedwith that of remainingunder excommunication
the fugitive
heretic
afforded sufficientprooffor declaring
a relapsed
and relaxing
his effigy.It was
only when evidence could be had
of subsequentacts of heresy that direct proceedingsfor relapse
decided in a case where a fugitive
and this was
were
justified,
and the Suprema revoked the sentence
relaxed in effigy,
was

petualprison,was

burnt

in

and rescinded the confiscation.3

Simancas
evidentlygiving way.
theory of relapsewas
it is cruel
tells us that,althoughsupportedby high authorities,
is impenitent,
not
and false and not founded in law; the fugitive
if he returns or is capturedhe is to be heard, and if prerelapsed;
pared
his
deserves
the
increase
of
to obey
an
only
Church,
flight
is
disappearing
penalty.4How rapidlythe ancient severitywas
manifested by a case in Valencia,in 1570.
Pedro Luis Verga was
The

prosecutedfor Protestantism on a vague accusation that,when

studyingin Paris in 1555,he had consorted with the dreaded Juan
for which he was
Perez and had shared his opinions,
reconciled
and sentenced not to leave the kingdom. He disobeyedand, in
heard of in Genoa, givingutterance
to heretical
1570, he was
ment
as well as of non-fulfilopinions.Now this was a case of relapse,
of penance, but he was
for contumacy as a simple
prosecuted
It was
obsolete
an evidence that the old rule had become
fugitive.5
sometimes
when inquisitors
in their sentences that the
prescribed
to be performed under pain of impenitent
was
penance
relapse,
in
of
Juan
the case
at Toledo,in 1570, to
as
Franco, condemned
for Protestantism,
and of Juan Cote,by the
eightyears of galleys
in 1615, to irremissible perpetualprisonfor the
same
tribunal,
1

MS. Memoria

D. Manuel

Pablo

Simancae

Archivo

de diversos Autos

(Appendixto Vol. 1).

Archivos,
April,1902,p. 254).

Serrano y Sans (Revistade

Garcia,Orden

de

Processar,fol. 61, 63.

de Cath. Instt. Tit

xvi,

n.

24-5.

hist, nacional,Inquisicionde Valencia,Leg. 377.

NON-PEEFQRMANCE

I]

CHAP.

heresy.1 Towards

same

the

103

middle of the

seventeenth

century,

Alberghinigivesthe various

opinionsheld on the subject,and

concludes that that of Simancas was
commonly accepted.2
Cases of non-fulfilment were
not infrequent
for,as we shall see,
of the penitential
the discipline
prisonswas
exceedingly
lax; any
absent
could
himself
and
then
throw
off
the sanbenito,
penitent
the
which was
customary accompaniment of imprisonment,but,
such cases were
treated with
althoughthis was canortically
relapse,
what in those days might be considered as mercy.
Thus Diego
in 1644, and conGonzalez,reconciled for Judaism at Valladolid,
demned
to prisonand habit, -was recognized
in 1645, at Medina
de Bioseco, without the sanbemto.
On being tried for this,the
not unanimous
consulta de fe was
and the Suprema sentenced
him

to

hundred

lashes.3

It

-was

the

same

with sentences

of exile.

Toledo,Francisco L6pez Rodriguez,who had been

reconciled in 1665 and had alreadybeen prosecutedfor non-fulfilment
of penance,
tried for doing so again,and was
was
demned
conof exile.
only to a hundred lashes and two years more
had only
So in 1669, Juan
L6pez Peatin,for infraction of exile,
term.4
two years added to the original
A curious case, however, in 1606, shows how
were
penitents
Caspar Godet,a Morisco,had
expectedto fulfiltheir penances.
at Yalencia to reconciliation,
been condemned
a hundred
lashes,
of -which the firsteight
to be passed
and perpetual
prison,
years were
his galley
in the galleys.After five years'service,
was
captured
He
near
oughtstrictly
Lisbon,and he was set free.
by the English,
out
to serve
to have conveyed himself on board of another galley
released from
to have imaginedthat he was
his term, but he seems
his sentence;he quietly
returned to his native Torre de Llovis and
to
of surgeon.
He was, of course, reported
resumed
his profession
which seized him in August, 1606, and condemned
the tribunal,
him not only to completehis sentence but to undergo a hundred
lashes and to pay a fine of two hundred
althoughthe
libras,
be imposed on a Morisco was
ten
maximum
fine that could legally
In

1667,

at

ducats.5
The

renewed
*
3
8
4

of
activity

the

in the earlyeighteenth
Inquisition,

Halle,Yc, 20, T. Ill, IX.

Cap. xxxiij.
Alberghini,Maimalis Qualifieator.
Archive
de Simancas, tnquisicion,
Leg. 552, fol. 33.
de Toledo, Leg. 1.
ArcMvo
hist, nacional,Inquisicion
Ibidem, Inquisicionde "Valencia,Leg. 2, fol. 79.
MSS

of Library of TJnlv. of

NON-FULFILMENT

I]

CHAP.

December

OF

PENANCE

105

22, 1636,ordered the tribunal of Valladolid

gate
to investi-

the case, after which the Suprema contented itselfwith deporting

him to Portugal,
and warning hhn that,if he returned again,
he should be sent to the galleys.1
The

of the

case

indicates how

in 1716,
AugustinianFray Diego Caballero,
might convert into formal
was
mere
suspicion.For uttering
unacceptable

non-fulfilment of penance

heresy that which

he
propositions,

had

been

sentenced

by the tribunal of C6rdova

to reclusion for four years in the convent

there and

continued

of Guadix.

fled from

He

for which
repeathis erroneous
utterances,
the Toledo tribunal pronounced him to be relapsed
in grave crime
and sentenced him to abjure de vehementi,
to be suspended from

his orders for

and
from

year, to

the

to

of preaching,
perpetualdeprivation
confessing

rightto vote
of places,
to

number

for six months

house, where

and

be voted for,to ten years'exile

four

years'reclusion in

he

to be confined in

was

while his
sanbenito,
and the next day it was
audience-chamber,
also to

was

wear

brethren

him

of his Toledo

sentence

cell. He

read in the

was

to be read to the

convent, who

and he
circular discipline,

designated

were

bled
assem-

to administer to

to forfeithalf his

peculium
and all this under pain of being held as an impenitentrelapsed.2
What
of this longaccuis noteworthyhere is not onlythe severity
mulation
but also the abjuration
de vehementi which
of penalties,
rendered reincidence in the abjurederrors a matter for the stake.
a

was

"

it may
be said that acquittal
was
Inquisition
of not proven
might possibly
virtually
prohibiteda sentence
and was
admission of fallibility
be rendered,but acquittal
an
was
dence
in case further eviregardedas a bar to subsequentproceedings
maintained in the Roman
obtained.3 This principle
was
was
Inquisition,
although,in the eighteenthcentury, exceptionwas
In the medieval

"

made

in

cases

where

be fraudulent,4 The

the adverse

evidence

was

SpanishHoly Officewas

not

clearlyproved to
quiteso sensitive,

Leg. 552, fol. 22.

Simancas, Inquisition,
Archive
hist, national,
Inquisitionde Toledo, Leg. 1.
in
a
case
S.
Off.
Carena
Inquisit,P. n. Tit. xvii,n. 9) mentions
(Tract,de
who
brated
celeto the galleys a
priest
which
the tribunal of Murcia condemned
See.
the
while
under
Holy
suspensionby
mass
3 See
of the Middle Ages, I, 453; III, 513.
the Author's Inquisition
1

Archive

de

Collect. Decretor.

pillfrequentinel

S.

Congr. S*i Officii,

p. 353.
Officio,
p. 162 (MSS. penes me).
S.

"

Eistretto

cerca

li delitti

SENTENCE

TH]S

106
and

had

hesitation

no

was
acquittal

less

[BOOK

VII

that to it
so
repeatedprosecutions,
serious matter.
Moreover,while sentences
to

as

device
not unknown, there was
of not proven were
an
equivalent
by which the accused could be dismissed without admittinghis

innocence
the

"

suspendingthe

of its beingreopenedat
liability

The

case

in which

discharging
him, subjectto
any

time.

peculiarly
Torquemada rendered acquittal

furious zeal of

distastefulto him, and

a

and

case

have

we

he set aside

above

seen

(Vol. I,
del

at Medina
acquittals

p.

175)

Campo, and
partieshad

conviction although,at his instance,the

been tried twice and had been tortured without confession. This
temper on his part could not but impressitselfon his subordinates,
insisted on

in this earlytime
meet with acquittals
occasionally
however, which manifest a strangemental confusion,
acquittals,
cent,
of the innoand betraythe unwillingness
to admit the prosecution
with punishment.Thus at Guadafor they coupleacquittal
the sentence
lupe,in 1485,in the case of Andres Alonso of Trogillano,
recitesthat the fiscalhad not proved his accusation as fully
absolved the accused but,
wherefore the inquisitors
as he fcught,
the evidence aroused some
suspicionin their hearts,for the
as
satisfaction of their consciences and his,they sentenced him to
infamy had accrued to him from the
abjure de lew and, as some
accusation,
they removed it and restored him to his former good
his property. Whereupon
on
repute,and liftedthe sequestration
of heresy,and
he duly abjured de levi,renouncingall manner
that of which he was
accused,promisingto be always
especially
and

yet we

"

obedient to the

Church, after which he

excommunication

which

was

absolved ad cautelam
have

incurred,and
of all this he asked to have a certificate.1 All the acquittals
that
bear this illogical
sometimes
I have met, of this period,
character,
even
requiringabjurationde vehementi and inflicting
penalties
from

any

for the offence of which

he

might

innocent.
the accused is pronounced

the Inquisition
had been establishedtwelve years
Barcelona,
before the firstacquittal
was
and, from such record as we
granted,
In

have, it would appear that there

Archive

"

conditional and

of
acquittals

more

than

unconditional.

Thus, in 1499, Jayme

but were required
Castanyerand Eufrosina Pometa were acquitted,
to abjure publicly
on
May 2d,and, on October 5th,Luys Palau
was
were
acquitted.In 1500, on September 18th,four women
one

kind

were

hist, national,
de
Inquisition

Toledo,Leg. 132,n. 39;Leg. 183,n. 779.

CHAP.

I]

ACQUITTAL

two
acquittedabsolutely,
two

and

women

man

October

5th, the
cleared and, on

on
were

107

acquittedwith penance, and

acquittedwith abjuration.Then,

men

were

were

and

memory

December

fame

of Juan

de

Bibes

Altes

20, 1501, Blanquina Darla

was

acquittedabsolutely.1
In

record of the Toledo

from
tribunal,
or an
acquittal,
average

1484 to

1531, there

are

cases
eighty-six

of

two

which, in view of the intense activity

of the earlier

per

annum

period,indicates how
laid its hand

few

them.

upon

of somewhat

escapedwhen

once

Some

cases

of these

the

less than

had
Inquisition

show how

longthe

conditional

Hernando
acquittal
persisted.Thus of those acquitted,
Parral was
requiredto abjure,and Francisca Ramirez and Catalina beata negra abjured de vehementi. Unless there is a mistake
Leonora de la Oliva of Ciudad Real was
by the scribe,
acquitted
and scourged,October 3, 1521, and again had the same
sentence
October 13, 1530. In 1520 Alonso Hernandez
with
was
acquitted
in
Sancho
de
Ribera was
public penance and,
1513,
acquitted
with confiscation. One entry is difficultof comprehension that
voted to acquittal
of Inez Gonzalez,who was
with reconciliation
remitted.2
and confiscation,
but the confiscation was
amounted onlyto a sentence of not proven.
Practically
acquittal
In the formula for it,Pablo Garcia calls special
attention to the
omission -of the word
out that it is not final,
definitive,"
pointing
for the case could be reopenedat any time that fresh evidence was
without it,
and even
have seen in the case of Villaobtained
as we
In matters of faith there was
no
no
cosa
nueva.
finality,
juzgada,
declared by Pius V, in the bull Inter multvplices,
and it was
so
issued by inquisito
all letters of absolution and acquittal
invalidating
and other spiritual
judges.3In strictaccordance with this
of the living
the rule that sentences of acquittal
were
was
principle
not to be read at the autos de fe,unless at their especial
request,
of the dead were
while acquittals
read;in either case, the sentence
simply stated that he had been accused of heresyand no details
he did not appear at the auto and if dead there
were
given;if living
"

"

"

Carbonell de Gestis Hsereticor.

(Col.de Doc. de la C.

144, 145, 147, 149).

3 Archive
de Toledo, Leg.
hist, nacional,Inquisicion
8

v.

of

Pablo

Garcia,Orden

de Processar,fol 41.

Notwithstanding Pablo
Antwerp, tried
a,

"

Archivo

at Toledo

hist,

Garcia's

"

Aragon, XXVIII,

262.

Cap. 10, Tit.

formula,the sentence

iiiin

of

Septimo Lib.
acquittalof Jan

1561,asserts itself to be diffinLeg.

110, n. 31, fol. 30.
Toledo,

for Lutheranism

nacional,Inq. de

de

in

was

All
effigy.1

no

Paramo

eulogyof
used every

this

who,

they succeeded,took
with

crowned
some

in

in direct contradiction to the

was

have seen, states that the

the innocence of the accused

we

as

to prove

means

laurel and

I have

glowing

inquisitors
and, when

that he should go forth like a conqueror

had
the palm of victory.2
Yet Paramo

care

in the fact
justification
which
the acquittedwas

of this that

[BOOK VII

SENTENCE

TEE

108

met

that there

thus

in

were

rare

honored.

Spain was

that

cases
exceptional

The

only instance

referred to above

(Vol. II, p. 561), where fourteen residents of Cadiz were

recorded.
accused.
In Peru, however, several cases
are

falsely
In the

AgustinValenciano appeared in the

was
proclamation
on
a white horse,with a palm,and
procession
In the great auto of January 23, 1639,
of his innocence.
made
Lima

auto

of 1728

there

were

seven

Doctor

thus

honored

after.their three years

ceration,
of incar-

of Don Juan de
19,1749,the effigy
died in prisonin 1745, headed the procession,

and in that of October

Loyola,who had
bearinga palm.
influence,for

reparationwas
Loyola y Haro
were

is

by Jesuit
perhapsexplicable
he was
of the family of St. Ignatius,
and further
made
by creatinghis brother,Don Ignaciode
while three nephews
of the tribunal,
alguazil
mayor
This

last

case

familiars.3

made

The reluctance of the tribunals to pronounce a sentence of acquittal

is illustratedin the case of Francisco Marco, tried at Barcelona

bigamy, in 1718. Unable to prove the charge,which was

the tribunal sentenced him
punishablewith scourgingand galleys,
to
to have his sentence con meritos read in the audience-chamber,
and to be banished from Barcelona
be reprimanded and threatened,
In the earlier periodthis sentence
and Madrid for six years.
in full control
would have stood,but by this time the Suprema was
at so unjust a decision,
and it expressedgreat surprise
inflicting
foul a stigmaon the accused.
It declared null and void all the
so
acts of the process, it ordered Marco
to be discharged
at once,
should defray out of their salariesall the
and that the inquisitors
cost of his imprisonment.4
in the device known
The indisposition
to acquitfound expression
the case could
as
suspension.When the effort to convict failed,
be suspended,
thus leaving
matters as they stood;the accused was
for

Garcfa, loc. tit. Archive

Pablo

Paramo, p. 269.
Palma, Anales de la

3
4

Archive

"

de

de

Lib. 979, fol. 20.

Simancas,Inquisition,

Inquisitionde Lima, pp. 19,38, 140 (Madrid,1898)

Sala 39, Leg. 4, fol.71.
Simancas,Inquisicion,

CHAP.

I]

SUSPENSION

109

neither
be

could at any moment

the case
acquittednor convicted,
tunate
reopenedand prosecutedto the end, and it hung over the unforwhile
victim
it saved the infallibility
of the tribunal. The

earliest allusion to it that I have

met

occurs

in the Instructions of

1498,which show that itwas a usage alreadyestablished and abused,

for it is forbidden in prosecutions
of the dead, exceptwhen further
evidence

is

is ordered when
the proof is
expected,and acquittal
because there are many
of suspension
that inflict
cases
imperfect,
in force.1
hardshipthroughthe sequestrations
continuing
for a tribunal,
unable to
Suspensionwas a convenient resource
to acquit,
convict yet unwilling
and desirous to conceal its failure.
At firstit was
comparatively
a favorite
rare, but in time it became
method
of escapinga decision and, as it gradually,
for the most
in its developmentit might even
part,replacedacquittal,
remove
the stigma;in the great majorityof cases
it was
the
practically
end of the matter,and it was
the
usuallyaccompaniedwith lifting
Some
authorities held that a case
could not be
sequestration.
entered as suspended,if there was
a reprienough in it to justify
mand,
or

even

cautioned

when

not to

the offence

speak or

trivialand the defendant

act in that

definition was

not

observed

decided

the

accused

upon,

was

in
was

fashion,but this

was

of
rigidity

suspensionwas
practice.When
not permittedto know. it. He

simply brought into the audience-chamber;if he had been

confined in the secret prisonhe was
put through the customary
and heard,and was sworn
to secrecy;
as to what he had seen
inquiries
he was grantedthe favor of returning
told that for justreasons
he was
his conscience for
seek to discharge
home
and that he must
stillpending.2 This mystery served to keep him in
his case was
or
embargo lifted
suspense, but, after he found the sequestration
its meaning. If
from his property,he could doubtless fathom
he
definite sentence of conviction or acquittal,
he demanded
a
had the rightto do so, but I have met with no instance of this,
and few could have been hardy enough thus to tempt their fate.
that
that he was
or
If he asked for a certificate
freelydischarged,
bis case was
suspended,it was not to be given,but the Suprema
might granthim one to the effect that he was dischargedwithout

was

penance

or

condemnation.3

Suspensionwholly

penance

was,

however, unusual,

1498, " 4 (Arguello,fol. 12)

de Valencia,Leg. 299, fol. 80
hist, nacional,Inquisition
Royal Library of Copenhagen, 218b, p, 339,

Instructions

Archive

MSS.

of

without

de

THE

SENTENCE

[BOOK

VII

of the Inquisition
was
commonly emphasized
infallibility
less severe.
The
more
or
by accompanying it with some infliction,
the reprimand and warning administered
of these was
lightest
the accused. In 1650 the tribunal of Toledo
when
discharging
summarily got rid of quitea number of cases in this fashion four

for the

"

June

on

fortunate

were

30th; and those

escapedso lightly.About the same time,Dona
de Guzman, accused of superstitious
sorcery,

18th,two

on

who

Ramirez

Gabriela

the 25th and

when
only reprimanded,

was

not

was

banished

for

year

from

three

her

Toledo

was

case

and

the

suspended,but
Madrid, and the same
was

Acuna, when

de

assignedto Domingo
suspended.1How
was
propositions
penance

on

his trial for

littleincongruity
was

nized
recog-

of Martin

at
Mitorovich,
voted to suspendthe
Madrid,in 1801,when one of the inquisitors
of Ceuta.2
In fact,
and confine him for life in the hospital
case
in the closing
as
sition,
years of the Inquifrequent
suspension
grew more
inflictions. Thus, August
it was
often coupledwith severe
30, 1815, the tribunal of Llerena suspendedthe case of Maria del
Cavallero y Berrocal,but sentenced her to reprimand,
Carmen
lashes and three years'seclusion in a hospital;
at the
two hundred
the scourging
time, in view of her ingenuous confession,
same
should earn
its forgiveness,
was
suspended until her amendment
used with her accomplice,
and the same
Nicolas
phraseswere
sentenced to reprimand,certain spiritSanchez Espinal,
who was
ual
exile from the province.3
exercises and perpetual
like these,however, suspensionhad somewhat
In cases
grown
outof a substitute for acquittal,
its original
and was
purpose
than doubtful mercy, for the case remained unconcluded,
a
more
and could at any moment
be
though visited with full penalties,
it was
merely a convenient device for
reopened. That originally
the innocent is manifested
escapingthe admission of havingprosecuted
cisco
by cases of which the records are full. Thus, in 1607,Fran-

in this is illustratedby the

case

Dendolea, a Morisco of Xea, was tried at Valencia on the

evidence of a witness that,when
limosnero or almoner
of Xea,
he

had, under pretext of beggingfor

serve

notices of the commencement

give other

ceremonial

Archive

Archive

Ibidem,

instructions.

hist,
de

the poor, used his officeto

of the fast of Ramadan
and
He

proved

that

nacional,Inquisicionde Toledo,Leg. 1.
Lib. 877, fol. 228.
Simancas, Inquisition,

Lib. 890, fol. 12.

he

never

I]

CHAP.

ADMISSION

limosnero

was

and

the

TO

BAIL

charge fell to

the

111

ground, but

the

case

merely suspended. So, in 1653, Dona Isabel del Castillo

was
been
prosecutedfor Judaism at Toledo. She had previously
reconciled at Valladolid,
and it was
found
that the evidence
related to a period priorto the reconciliation. She of course
but the case was
ought to have been acquitted,
suspended.1 Even
was

self-evident is the

more

case

of the Benedictine

Padre

Francisco

in 1640, for sundry propositions

Salvador,tried at Valladolid,
The
consulta
presentedin a competitionfor a professorship.
de fe voted to suspend the case and the Suprema, in confirming
the sentence,added that a certificateshould be givento him that
offence had been found that would in any way prejudice
no
him.2
There was
also a kind of imperfect
which
or informal
acquittal,
consisted in admittingthe accused to bail at the end of the trial.
It saved

the tribunal from

acknowledgement
was

and

with the
case

a*

decision and

that the

of

an

it
had been
prosecution
it lefthim but partlyliberated
as
party involved,
stigma of heresy. Its working is fairly
exemplified

cruel to the

by the

the trouble of

of Petronila

de

in error, but

Lucena, tried in 1534, at Toledo on

After nearly a year'sincarceration,

charge of Lutheranism.
also under trial,
her brother,
revoked in the torture the evidence
other testimony,
which he had givenagainsther. There was
no
March
20, 1535,
yet she was not acquittedbut merely released,
a

under

bail of

hundred

thousand

maravedis, to presentherself

furnished
and
she was
securitywas
her gaolers.On June 27th, she
delivered to the bondsmen
as
and
for the dischargeof the bondsmen
petitionedfor release,
articles
which included some
for the removal of the sequestration,
in the hands
of the gaoler;she was, she
of personalnecessity
pleaded,poor and an orphan,she needed the propertyand wished
taken of this and,
to be free to disposeof herself. No notice was
sixteen months
later,on October 20, 1536, she appliedagain;
this time an order to liftthe sequestration
was
issued,but there
to bail.
is no record of her having been released from subjection
when

summoned.

The

She

thus remained

under

careers
were

2
8

open

to

Spanish woman

closed
virtually

and,

the ban
"

at the age

marriageand

of

25, the

the nunnery

two
"

to her.3

sition
national,Inquisitionde Valencia,Leg. 2, n. 10, fol.79; Inqui1.
de Toledo, Leg.
Archivo
de Simancas, Inquisition,
Leg. 552, fol. 3, 26.
Archivo
hist, nacional,Inquisitionde Toledo, Leg. Ill, n. 46, fol. 30-4,

Archive

hist,

I]

CHAP.

The

is seen
spirit

same

14,
of

COMPUTATION

in the instructionsof the

1819, to the Cuenca

Maria

Martinez

113

the
tribunal,
authorizing

for

propositions.In

else,she

is to

be

reprimanded and

tribunal is keeping a watch

There
of all.

It often

trial

warned

and

told that the

her acts.1

over

another kind of

was

arrest and

case, it says, the trial

charged,or in anything

that she has not erred in the matters

shows

Suprema, October

suspension,by

far the most

frequent
periods,that the
presumed offender,

in the later
happened,especially

sumaria, or collection of evidence against a

proved insufficient to justifyprosecution. In such cases it would
voted to suspension;
be quietly
it was
filed away in its placeamong
the records,ready to be exhumed
at any time,when
mation
further infor-

might supply deficienciesand

Thousands

of these abortive processes

induce

active

proceedings.

reposed in the secreto of the

the subjectsof which were

tribunals,
unconscious of the dangers
which had threatened them, or that their names
the lists
were
on
of suspectsof the dreaded tribunal.
That they were
kept under
surveillance is indicated by an occasional note,such as one respecting
certain Johann

which

has been withdrawn

to his

"

because

country," or in

own

"

Calvinist

Wegelin,a

he became

another

"

case

there is

sumaria

insane and returned

suspended because

he

died in 1802."2

Yet, takingit

as

whole, when

framed

consider that the

we

torial
inquisi-

temptationin the way

of the judges to condemn, for the sake of confiscations,
fines,
and commutations, it is rather creditable
penances, dispensations
system

was

so

as

to

put

every

and suspensions
should occur
in the records
acquittals
frequentlyas we find them there,though of course we
thus escaped
those who
of knowing whether
means

that

even

as

have

no

the

among

There

wealthy

as

ancestral
the

The Barbarians
possibleform of sentence.
the Romto
overthrew
Empire brought with them
as
compurgation or, in England,
custom, known

Law, by which
action, could maintain

Wager

criminal

of

oath

taking an
swore

the poor.

stillanother

was

who
an

or

and

Archive

Archive
in

defendant,in either
his title

or

bringinga

They

were

known

of

men

as

Lib. 890.
Inquisition,
de Valencia, Leg. 100
hist, nacional,Inquisicion
de Simancas,

civil or

his innocence

number
specified

to their belief in its truth.

VOL.

were

by
who

conjura-

THE

114
tors

compurgators and

or

SENTENCE

in

were

[Boon
no

sense

VII

witnesses;they pretended

knowledge of the facts but onlyto their confidence in

of their principal.This crude method
of establishing
the veracity
maintained in allthe lands occupiedby the Teutonic
the truth was
the Wisigothsearlyyieldedto the
tribes except in Spain,where
It was
law.
influence of the Roman
eagerlyadopted by the
of escaping from
clergy,who found in it a convenient means
of battle,
of the ordeal or the wager
the harsher expedients
so
of canonical purgation.1In the thirteenth
that it acquiredthe name
found it used in the trialof heretics
century,the Inquisition
to

no

necessarilyincluded

and

cases,
its
or

The

the

it among

resources

for doubtful

too thorough to call

methods
were
although inquisitorial
frequent employment.
Spanish Inquisitionnaturallyinherited compurgation

the other traditions of the institution. When

among
could

not

be

had

by evidence

or

conviction

torture,and yet the suspicion

it could sentence the accused

acquittal,
justify
could not demand
to undergo compurgation. He
it,nor could
the sentence; and
he decline it,though he might appeal from
while
failure in compurgation was
equivalent to conviction,
not acquittalbut requiredabjurationand penance
was
success
shown
at the discretion of the tribunal,
because,althoughlegally
the accused had to be punishedfor suspicion."
not to be a heretic,
and such cases
The earlyInstructions are silent on the subject,
of the period as I have met indicate that there was
no
rigidly
in
of
method
the
procedure, although,
main, they
prescribed
of
trial by jury,after the tribunal
accord in showing it to be a kind
too

was

grave

to

"

had

failed to reach

decision.

The

general features of

the process can be gatheredfrom the case at Saragossaof Beatriz

accused of complicity
Beltran,wife of the Juan de la Caballeria,
in the murder
relaxed

in

of San

effigyin

trial for Judaism

Arbues, who died in prisonand was

the auto of July 8, 1491.
She was
put on
Pedro

in 1489; the evidence

againsther

was

by

no

while the defence discredited the witnesses and

decisive,
proved by abundant testimony her devotion to the Church, her
than twenty
regularattendance at mass and confession for more
in the celebration of masses
and her longhours
years, her liberality
means

It is stillemployed in ecclesiastical

mode

of

proof. In November,
dissolve
to
a
on
was
granted
dispensation
marriage
proof of its non1904,
of
oath
the
parties,supported "dal testimonio di settima
consummation, by the
H Consulente Ecclesiastico,
mano."
Gennaio,1905, p. 8
1

"

cases

as

CHAP.

I]

COMPUEGATION

spent in dailyprayer.
advanced

consulta

the

and

age

She

115

could not be tortured in view

infirmities and,

severe

de fe voted

August 9, 1492,

on

unanimously that,

of her

as

torture

was

out

question,she be sentenced to canonical purgation,at the

judgement of the inquisitors
when, if she should purge herself,
she should abjure publicly
as vehemently suspect of heresy and
of Judaizing,and should perform penance
at the discretion of
the tribunal. The next day the inquisitors
pronounced that she
not convicted but vehemently suspect,wherefore
she should
was
of the

purge herself with twelve conjurators. They were

and a term of three days was
within which
assigned,
should

be

23d, when

performed. They assembled

the publication
of evidence

to them.

She

she had

was

read

the

were

sworn

first one,

these

then

crimes,to

removed

from

which

the

the ceremony

Aljaferia
on
August

and the defence

to tellthe truth and

sworn

committed

and

sworn

was

in the

duly selected

room.

was

were

read

asked whether

she

in the negareplied
tive
The inquisitors
again

the compurgators
accusatoryevidence and the defence-,
to tellthe truth,and the inquisitors
The
polledthem.
Pedro

Monterde,said

truly,for

always held her

he

had

to be

that he believed

known

Beatriz to have

her

for fifteen years and had

the rest unanimously
Christian,

good
concurred and the purgationwas
successful. Then, on September
she
in
auto
the
an
as
a
on
8th,
penitentand,
appeared
17th,
she abjured all heresies and especially
those of which
she was
after which the inquisitors
rendered senvehemently suspected,
tence,
her to be vehementlysuspectof the crimes which
declaring
and crimes could not
she had abjured and, as these suspicions
be left unpunished,they penanced her with forbiddingher to
these crimes,with the payment of all costs of her trial,
commit
and with perthe taxation of which they reserved to themselves,
forming
such penance
as
they might impose on her. The record
that penance, but it probablytransfails to inform us what was
ferred
to the tribunal a largeportionof the property that had
escaped her husband's confiscation.1
The threat that failure would imply condemnation
was
by no
a

time,Fray Juan de Madrid was

much
adverse evitried before the tribunal of Toledo; there was
means

an

idle one.

About

this

France, fonds espagnol80, fol. 346-52.

different details,
will be
Two
in Barcelona, in 1488, with, somewhat
cases
de
la
de
C.
Aragon,
found
in Carbonell de Gestis Hcereticor. (Col.de Doc.
XXVIII, 2""-7,123-35).
1

Bibl. nationals de

THE

116

SENTENCE

[Boos

VII

and the only defence lay in disabling

the
detail,
This was
witnesses.
but enough remained
partially
successful,
in sayingin the sentence that he could
the inquisitors
to justify
it but that,in benignityand mercy,
have been condemned
on
offered compurgation. He
he was
accepted it and
willingly
in full

dence

named

compurgators, but half

his

him

as

convicted

to be

to

sustain

that throughtheir knowledge of

declaring
denial,

his oath of

they held

refused

of them

hesitation in

suspect. This
of the

he
conclusive;

was

chargesand

was

the consulta

him

considered

de fe had

no

to relaxation.

votinghim

3, 1503,Jayme Benet

In like manner,
ruary
Febon
burnt at Barcelona because he

was

compurgationenjoinedon him.1
lute
A change,probablyattributable to the growing desire for absoby the Instructions of 1500, altered profoundly
secrecy, prescribed
the prevailing
theory of compurgation,for it prohibited
the reading to the compurgators of the evidence and defence.
In their presence the accused was
to deny under oath the charges
which were
and the compurgators
by the inquisitors,
recapitulated
were
simplyto be asked whether they believed that he swore the
to have been some
truth,and no other questions.2There seems
the custom
of readingthe evidence,
trouble in abrogating
for the
had to be repeated in 1514.3
prohibition
In the project
to Charles V, in 1520,by the Converses,
presented
with the objectof rendering
the inquisitorial
process less effective,
included a modification of compurgationin such wise
there was
to facilitateescape.4 Of course
attention was
as
no
paid to this,
failed in the

but

that

is manifest
In

1523

alteration of the

some

from

it was

one

ordered

the

or

two

process

minor

requiredby justice

was

reforms

soon

afterwards.

that the fiscal should not be present after

of his influencing
sworn, which is suggestive

compurgatorswere
them
adversely. Still more

essential

forbiddingthose

testified

of 1529,
regulation
againstthe accused from
servingas his compurgators.5Apparentlyit was one of the results
of suppressing
the names
of witnesses that the poor wretch,in his
1

Archivo

Archivo

Archives

652-6
5

de

was

Toledo,Leg. 164, n.

de 1500, " 8 (Vol. I, Appendix, p.

531,"

Carbonell,

580)."Arguello,fol. 14.

Lib. 939, fol. 102.

Simancas, Inquisition,

de

PEtat, Bruxelles,
Registre sur le faict des h"xlsies,
etc.,fol.
Professor
Paul Fredericq).
by
de Simancas, Inquisition,
Lib. 939, fol. 68, 87.

(kindlycommunicated

Archivo

had

hist, national,Inquisition
de

p. 154.
op. cit.,
2
Instructions
3

who

CHAP.

COMPURGATION

I]

117

ignorance,would sometimes call upon those to save him who had

been procuringhis destruction,
and the inquisitors
had not sufficient
of justice
to exclude them, althoughthey had
sense
power
to refuse admission
to any one
be
to
t
o
supposed
friendly him.
There

also

was

favorable

modification of the ancient

practice

for Simancas
requiringunanimityon the part of the conjurators,
tells us that the inquisitors,
when
the number
to act,
specifying
how many
designate
the result.1
prejudicing

could also

by the middle

Yet

of the

becoming
purgation was
and
perilousand deceitful,
forced upon

defections would

century,when

obsolete.
says

those of Jewish

or

He

that it

Moorish

be allowed

Simancas

denounces

out
with-

wrote, cornit as blind,

should not be
especially
for it is lent
descent,
equiva-

sendingthem on the direct road to the stake,since no one

could help thinkingill of them, or at least doubtingtheir innocence.
and Christian
are
Besides,nearlyall men
so corrupt,
now
charityis so cold,that scarce any one can be found who will purge
another,or who will not have an evil suspicionand interpret
to

conjuratorsto

say

that

he has told the

whether
uncertain

he

when

defeat the accused

To

for the worst.

matters

they

do not

know,

truth,and who

knows

that

no

one

it suffices for the

or

that

is there who

is

they doubt
will not

feel

exposedto purgation

unless he is vehemently suspected.2

This is echoed

by

the Instructions of

1561,which indicate how

safed
passingout of use by the brief allusion vouchis to be performedin accordance with the Instructions,

compurgationwas
It

with

such

number

of

compurgators as the consulta de

must
but inquisitors
prescribe,

may

of

to it.

men

bear in mind

fe

that the malice

that it is not much

present time renders it perilous,

at the

employed with the utmost caution.3

Pablo Garcia givesfull and curious
to this,
subsequently
Still,
which show how it had become
details as to procedure,
hedged
with limitations that rendered it a desperateexpedient
around
The compurgators had to be Old Christians,
for the accused.
the accused for a specified
who had known
zealous for the faith,
of years, and were
not of kin or well disposedtowards
number
than the number
to name
He was required
more
him.
designated,
might have died or be absent,showing
so as to allow for those who

in use, and

that it must

be

de Oath. Institt. Tit. LVI,

15.

Simancse

Ibidem,

fol 33)Instrucciones de 1561, g 47 (Arguello,

n.

n.

12, 31.

SENTENCE

THE

118

[Boos

VII

that hie had to act in the solitude of the cellwhere perhapshe had
of compurgation
When
the sentence
been confined for years.

him, he was given a certain term in which to

he was
at the
his selectionand, if he allowed this to elapse,

announced

was

make

to

discretion of the tribunal.

allowed,and

purgatorswas

when

they were

secretlyexamined

and
separately

was

communication

No

to

with

the

com-

assembled each
ascertain whether

one

he

his relations
what were
qualifications,
his
with the accused,whether he would giveanythingto secure
discharge,whether any one had spoken with him and asked him

lacked any

of the necessary

to serve,

whether he had intimated to any of the kindred that

While thus carefully
to act.
guarding against

he

or

'willing

was

that
it is significant
possiblefriendship,
enmity.
to inquireinto possible
The

instruction

considerable impressiveness.
there were
table of the audience-chamber
placed with

solemnity a

much

no

performedwith

was

ceremony

the

On

there is

cross, the

gospels,and

two

lightedcandles.

brought in, his list of selections was read to

asked ifhe recognized
him and he was
them, to which he assented
his compurgators. They
as
and said that he presentedthem
or
then asked if they wished to serve
not; if they accepted,
were
to tell the truth and not
oath was taken by the prisoner
a solemn
prisonerwas

The

conceal it for fear of death

to

of loss of

or

propertyor

of honor

The

then recited the charges

inquisitors
which created vehement
suspicionand asked him, under his
oath,whether he was guiltyof them and, after he had answered,
or

for any

other

led back

reason.

his cell.

Then, if necessary, the nature of

to the compurgators and they were
'compurgation
was
explained
to answer
trulyand not to deny the truth for hate,or love,
sworn
other motive.
or
They were
or
fear,or affection,
kept apart,
with each other,and each was
withoiit communication
examined
.he was

and
separately
and

to

whether, in accordance

he believed that he had

made
answers

to

he understood what

in secret whether

with what

told the

he knew

truth,and

after

had passed

of the

accused,

replyinghe

promise secrecy under pain of excommunication.

taken down
and were
carefully
were
signedby the

Conducted after this fashion it is easy to understand

should be

characterized

Pablo Garcfa,Orden

de

as

blind and

was

The
purgators.1
com-

purgation
why comperilous.The

folf 69-72.
Processar,

COMPUEGATION

I]

CHAP.

requiredof
at

to

his selection blindly,

and

the

qualifications
opinion,

conjuratorsalmost insured their unfavorable

the

when

time

man

to make

had

accused

119

look

upon

had caused every

operationsof the Inquisition
his neighborwith suspicion,especially
when
whom
the tribunal required to undergo
one

neighbor was
thus risked little
compurgation. Yet, althoughthe Inquisition
d
oubtful
to
there
in subjecting
cases
it,
was
for allowing
ample reason
desuetude.
it to fall into
Secrecy had become a cardinal
in all inquisitorial
principle
proceedingsand it was violated by
in a dozen laymen to see the prisoner,
to hear the charges
calling
in the judgementto be passed
againsthim and to participate
upon
him.
Besides,it was an acknowledgement that there were
cases
omniscience
in which the assumed
and infallibility
of the Holy
at fault,
Office were
and had to be supplementedby the random
opinionsof a few men selected by the accused. As practisedfor

that

centuries in the ecclesiastical courts,it had been an easy method

for the guilty
to escape merited chastisement;
as modified
by the
it
Inquisition,

became

accused

overcomes

for the innocent;it was

pitfall
wholly
at variance with the inquisitorial
process as developedin Spain
law preventedits formal abolition,
and, while its placein the canon
the tribunals had exclusive discretion as to its employment,
and that discretion was
used to render it obsolete. Still,
it maintained
of procedure. Even
its place as a legalform
as late as
the interrogatories
the
provided for a visitation,
1645, among
tions
questionwas stillretained as to whether the forms of the Instrucobserved in canonical compurgation,
were
althougha writer
of the same
cause,
period tells us that it is not to be employed beif the

sufficient torture,he is to be

discharged.1
In

the

Roman

we
Inquisition

find

compurgation ordered

as

priestof Piacenza,accused of certain

the compurgators were
heretical propositions;
to be five bene-

late

as

1590,in the

case

of

of good character and acquaintedwith the life of the

priests
successful he was
to be proclaimed
If the purgation
accused.
was
and was to performsalutarypenance
of good reputeas to the faith,
of the
for the imprudence of his utterances.2 By the middle

ficed

Modo

de Proceder, fol 62

(Bibl.nacional,MSS., D, 122)."-Archive

Hacienda, Leg. 5442 (Lib. 4).

2
Decret. Sac. Congr. S# Officii,
p. 43 (Bibl.del
Vol. 3)
S.
del
Officio,
Fondo
camerale,Congr.

R. Archivio

de Alcala",

di Stato in

Roma,

CHAPTER
MINOR

IN the

PENALTIES

precedingchapterthe generalpenal system

has

brief

II.

been

considered,but

expositionof

its several

of the

sition
Inqui-

for its proper

comprehension a
is
penalties requisite.In this it

is unnecessary
to treat of
confiscation and pecuniary penance
which have already been discussed as constituting
the financial

existence of the

basis of the

Holy Office.

REPRIMAND.

minor

the most
the
inflictions,
nearly universal was
of
sentences
reprimand. It is naturallyabsent from the severer
reconciliation and relaxation but, with these exceptions,scarce
escaped it,no matter how groundlessthe accusation
any defendant
fested.
maniwas
proved to be, or how plainlyhis innocence was

Of

the

The

in

phrase

tribunal

of

"as

"

which

it was

administered

is evidenced

in the reports of the Toledo

frequent occurrence
offence was
no
proved, he was
reprimanded and

for the

warned

with

freedom

future/'1

We

have

that

seen

strict

some

con-

structionists held that

reprimand was
incompatiblewith suspension,
but that this principlewas
universallydisregarded. The
authorityasserts that no reprimand was to be administered

same

without

formal

sentence, but

expresslyrecorded

is

sentence,and

Suprema.
in the

MSS.

that

sometimes

the

this

In the Valladolid
To

scold

cases

party

was

was

reprimanded

the

specialcommand

tribunal there
the

year 1641.2
from
of the inquisitor,
of

by

in which

numerous

are

defendant
the

use

no

he

Halle, loc. tit. Archivo

fol. 3, 6, 9, 11, 13, 15, 17, 22, 28, 29
of

"

de

rogatives
pre-

rarely abculpa

resultando

adelante."
fuele reprehendido y advertido
para
2
Archive
hist, nacional, Inquisicion de Valencia,Leg. 299, fol. 80.

Library of Univ.

cases

of the

one

was

of which

of the

eightsuch

were

Library of Univ. of Halle,Yc, 20, T. I." "Y

without

it

"

MSS.

of

Simancas, Inquisicion,
Leg. 552,
(121)

PENALTIES

MINOE

122

VII

[BOOK

of expatiating
on
as it afforded the opportunity
stained,
especially
so
benignitywhich imposed penalties

the

with

incommensurate

the offences.
of the inflictionvaried with his temper and power
severity
rendered him skilfulin detecting
but constant practice
of invective,
the sensitive places,and in applyingthe lash where it would be
the victims who rethose among
garded
most
keenly felt. There were
this as a severer
penaltythan a pecuniary
penance, and
drew forth remonstrance
that it occasionally
it is not surprising
which were
and retort,
promptly suppressedby the infliction of a
The

of the tribunal1

fine for the expenses

beyond
reprimands,
which

chances

the fact of their

been

to have

No

record

was

made

utterance,but there is

preservedas it seems

to have

of
one

been

elaborated and reduced to writing.It was administered

carefully
by the Licentiate Juan de Manozca, who had been President of the
Chancelleryof Granada, to an unlucky gentlemanprosecutedfor
good breeding.
having said that belief in matters of faith was
in his defence,
that he
He had made the case worse
by arguing,
could conceive of no word more
applicableto the matter than
and that his long residence at the court had familiarized
cortesta,

with all the niceties of the Castilian tongue. For this,

as a
and savoring of heresy,Manozca
labored
beill-sounding
proposition

him

him

written
throughten closely-

the Andalusian

"In

he said
tunny fishery7'

the smallest
of tunnies,
infinity

an

not

one

have

of them

will show

lived in the midst

of savage ridicule.
there may be seen

pages

of them

"

as

bigas

the least particle

of

you,

and yet

salt,
althoughthey
on, quoting the

of salt." So he went

the classic poets and Plato,to prove that the nate

unfortuScriptures,
an
culpritwas
ignoramus, closelyapproachinga heretic.
likened to the unfruitful ears of corn which,
Such ignorance
was
accordingto Christ,are only fit to be swept up and burnt,and

diatribe concluded

the

with

the

significant
warning that

which gatheredsuch
Inquisition

the

worthless

stocks and

it

was

ered
deliv-

secular arm, that they might pass through

but
was
temporalto eternal flame.2 Doubtless the culprit
a fool,
them

to

his follymerited
1

MSS.

Repreensionde

130)

of

the

no

such terrificwarning.

Library of Univ.
un

of

Toledo,Yc, 20, T. I.
" un Reo (MSS. of Bodleian Library,
Arch. S,
Inquisidor

CHAP.

II]

ABJURATION

123

ABJURATION.

crime
Suspicionof heresy,as we have seen, was, in itself,
a
requiringpunishment. In accusations of formal heresy which
failed of proof,there remained,as a rule,at least suspicion,
and
besides
there was
of offences which,though not in thema number
selves
were
of the Inquiheretical,
broughtunder the jurisdiction
sition
less forced assumption that they inferred
or
by a more
of heresy that no one who believed rightly
suspicion
as to sacraments
and points of doctrine could be guiltyof them.
In the
this suspicion
Old Inquisition,
classified as light,
vehement
was
"

or

violent and

these distinctionswere

suspicion,
however, may

be

retained in the New.

discarded

from

lent
Vio-

consideration

here,for it sufficed for condemnation

it admitted
and, in practice,
of no disproof
it might
or
explanation
for,althoughtheoretically
be explained
but a bare possibility.
As Pena says,
away, this was
it created presumptionof law, as when a man
remained for a year
excommunication.1

under

distinction between

The

nebulous.
it

Like

incapableof

was

decided

what
somewas
lightand vehement suspicion
elsein the vague regionof morals,
everything

accurate

and each
definition,

had

case

to be

merits,accordingto the temper of the judges.

or habitual performance
Alberghini's
attemptedtest of infrequent
in practice
fails utterly
and moreover
of acts inferring
suspicion
class of cases
leaves unsettled the more
importantand common
where testimonywas insufficient for conviction and yet too strong
for acquittal.2
Moreover, suspicion
might be modified by exterior
circumstances,as when Miguel Calvo tells us that,with Moriscos,
ment.3
it must be treated as veheslender may be the suspicion,
however
It was
evidentlyimpossibleto prescribeany absolute
that it rarelypronounced
rule,and it is to the credit of the Inquisition
suspicionto be vehement, while lightsuspicionoccurs
on

its own

short of reconciliation.

in almost all sentences

record from

1648 to

de
abjurations
average
1
3
8
4

of

one

1794, there

and

three hundred

are

de
onlyfifty-one
three years.4

levi and
every

Thus, in the Toledo

vehementi

"

or

80
Eymerici Director. P. n, Q. lv,n. 16. Pegnse Comment.
1-3.
Manualis
QuaUficator.Cap. xv, n.
Alberghini,
de AlcaM, Hacienda, Leg. S442 (Lib. 4).
Archivo
Archivo hist, nacional,Inquisicionde Toledo, Leg, 1,
"

fourteen
about

in loc

an

[BooK

PENALTIES

MINOR

124

VII

punishment might be visited on suspicion,

pected,
of the heresy susand especially
abjurationof heresy in general,
indispensable.This could be administered either in
was
an
the audience-chamber, or in a publicauto de fe, and was
other

Whatever

In the face of a cross and with

ceremony.
impressive
that he acceptedthe
the culprit
swore
the gospels,
on

his hand
Catholic

anathematized every speciesof heresy,

that of which he was
suspect. He pledgedhimself
and especially
detested and

faith and

always to keep the faith of

and to be obedient to the

the Church

He declared that all who opposed

pope and the papal decrees.
worthy of condemnation,promisingnever
the Catholic faith were
and denounce them to prelates
to jointhem, but to persecutethem
and humbly all
patiently
him, and to fulfilit with all his strength.
he consented and desired
If the abjurationwas for lightsuspicion,
tent
that,if he failed in any part of this,he should he held as impeniHe
inquisitors.
imposed on
penance

and

and

he

submitted
that the

the canons,

so

executed

his person,

on

record it and

on

all

if he failed in his

relapsedand

vehementi,so
the

under

severityof

in them should be
penaltiesprescribed
he called upon the notary to
and finally
If the

abjuration
he consented and desired that,
suspicion,

he
promises,

suffer the

serve

witnesses.

as

should be held and

considered

as

penaltiesprovidedfor relapse.This

the difference between

was

receive

himself to the correction and

present to

for vehement

was

to

swore

abjurationde

levi and

abjurationde
small import

above, and it was of no

After the former, reincidence in the offence

often alluded to

canons.

penalty;it was at the discretion of the tribunal

special
merely to repeat the previoussentence,or to aggravate it,as the
reincidence
case
might appear to deserve. But, after the latter,
decreed irrevocable burning,
relapse,for which the canons
was
ipso facto and without trial To impressthis on the penitent,
written out and he was made to
his abjurationde vehemmti
was
signit. Then, on the next day after the auto de fe, he was brought
entailed no

audience-chamber,it was read to him and he was warned

to observe its conditions for,if he should againfallinto any heresy
whatever, he would be treated as a relapsedwithout mercy, and
into the

performthe penance imposed.1

I think it doubtful
spiteof these impressiveformalities,

it would
In

be the

if he did not

same

tion
Garcia,Orden de Processar,fol. 38-9, Archive hist, national,InquisiLib.
fol.
118.
939,
Toledo, Leg. 498. Archive de Simancas, Inquisition,

Pablo
de

"

"

CHAP.

II]

ABJUEATION

125

whether, after the firstfurious rush of persecutionwas

extreme

penalty of

for
relaxation,

reincidence

past,the

abjuration
de vehement!,was
customary. As a rule,in the later periods,
rather endeavored
to avoid relaxation and, while they
inquisitors
cruel. I have
were
callous,
they were not apt to be unnecessarily
not happened to meet with such a case, while I have found more
than

one

in which

the

canons

were

not

after

observed.

learned writer of the second half of the seventeenth

with
elaborately,

the citation of many

reincidence after abjuration
de vehement!

In

fact,a

century argues

to show
authorities,

does not incur the

that

ment
punish-

the penalties
relapse,
and
despite
expressedin the formula,
this would appear to have been tacitly
accepted,for a custom
of specifying
in the sentence whether or not the abjuration
arose
should entail the penalty. Thus, in 1725 at Cuenca, Doctor
Zapata,accused of Judaism,was requiredto abjurede vehement!
while in 1794,at Toledo,Damaso
with liability
to relaxation,
Jose
sentenced to similar
L6pez de Cruz,for heretical propositions,
was
without such liability.1
There was
another distinction
abjuration
the two forms of abjuration,
for those who abjured de
between
vehement! were
of appearingin an auto de
subjectto the disgrace
with one
fe and of wearing a. sanbenito de media aspa
band
or
of color across
it,before and behind.2
The Instructions of 1561 state that,when there is semi-proof,
cannot be acquitted,
there are
or such indications that the accused
but this is
three remedies,compurgation,torture or abjuration;
succeeded in compurgationwere
scarce
correct,for those who
torture were
required
generally,
always,and those who overcame
w
hether
that
Instructions
for
add
The
to abjure.
abjuration,
is rather a measure
to inspirefear
lightor vehement suspicion,
for the future than a punishment for the past,and therefore it
it was
is usuallyaccompanied with pecuniarypenance.3 In fact,
that abjuration
not
was
only in trifling
cases, or in suspensions,
associated with much
severer
penalties.This was inevitable in
the large class of offences which, by a strained construction,
of heresy. In these,when
inferred suspicion
guiltwas proven,
it received its appropriatepunishment, perhaps of scourging
to satisfy
and the abjuration
a mere
was
formality
or the galleys,
of

"

nacional,MSS., Pp, 28, Q. 4; Ibidem Kk, 53.

Inquisicionde Toledo, Leg. 1.
3 Bibl.
nacional,MSS., V, 377, Cap. ii,? 9.
3 Instructions
fol. 33).
de 1561, \ 46 (Arguello,
1

BibL

"

Archive

hist,

nacional,

[BOOK

PENALTIES

MINOR

126

VII

of suspicion
of heretical belief. In cases
artificialascription
de lem or de vehement^ was
whether
of real heresy,abjuration,
adjunct to the punishment. Thus in the Toledo
a

the

necessary

February 7, 1694, Luis de Vargas,for "suspicionsof

sentenced to abjure de lemf to pay a fine of
Judaism/' was
auto

two

of

ducats

hundred

in

places. So,
Martinez

de

appeared

to be exiled for six years

and

in the

various

Carmelite Fray Francisco

1715, at Toledo,the

"for
Salazar,

from

vehemently suspect of heresy/7

crimes

audience-chamber

with

sanbenito de media

he abjuredde vehementi,
priests;
reprimanded and threatened,and sentenced to a long
was
sternly
reclusion
list of penalties,
includingdeprivationof functions,
in the Carmelite
and a circular discipline
for six years in a convent
On this compositesentence the consulta
house of Toledo.1
and the abjuration
de fe had evidentlyexhausted its ingenuity,
the rest. Yet, while
to justify
merely a formal necessity
was
abjurationin itself can scarce be termed a punishment it was,
in conseinflictionof no littleseverity,
quence
an
when only de levi,
even
in the
have seen
of the infamy which it entailed,
as we
for
Villanueva case, where the victim and his kindred struggled
aspa, in the presence

so

many

years

in Rome

of twelve

to have

it removed.

EXILE.

occurringin sentences
in the penal system of
indicate how customary a feature it was
the Inquisition.
or in combination with other penalties,
By itself,
resort in offences that did not incur the graver
it was
an
unfailing
punishment of imprisonment. It could be varied indefinitely,
of each case, and the tribunals exercised
to suit the peculiarities
the widest discretion in its employment. In its usual form it
designatedcertain placesand a fixed number of leaguesaround
The list of
forbidden to enter.
them, which the penitentwas
localitiesas a rule included Madrid, or rather the royal
proscribed
of the
the dwelling-place
the seat of the tribunal,
residences,
if this was
not comprised in the others,and any other
culprit,
towns, sometimes amounting to four or five,where he had been
convenient
a
in his guiltycareer.
known
Although this was
Frequent allusions

Archive

above

to

exile

as

de Toledo, Leg. 1.
de Simancas, Inquisicioa

CHAP.

II]

EXILE

127

to the

it was
irrational penalty,
somewhat
a
tribunal,
of which could hardlybe guessedat,for while it might
the severity
than an inconvenience to one
be scarce
more
offender,it might
be the destruction of a career
to a merchant established in business,
with an assured clientele. Considerato a professional
man
tions
or
of this kind,however,rarelyinfluenced the tribunals and, in
resource

the

Toledan

record

of 1575-1610

find exile included

we

in

and

hundred

sentences.
sixty-seven
The lengthof exile was
and varied from some
always specified,
months
to a life-time,
but it usuallywas
of a few years.
a term
it was
divided into two portions,
Sometimes
the first preciseor
absolute,the second wluntario or dependent upon the will of
the tribunal apparentlyas an incentive to amendment.
A variant
of this occurs
in the case
of Diego de Toro, sentenced for
and
bigamy at Toledo in 1652, to four years of exile absolutely
"

four

should

which

more

years

he

fulfil whenever

to

was

the

tribunal

fitto order

it,thus holdingit over him indefinitely.1

It was
not often that the Inquisition
exercised the power
of
banishment from Spain, but it did not hesitate to assume
such
see

it saw

authoritywhen

and
fit,

to this was

converse

the occasional

to leave Spain, of which

instance is cited above
an
prohibition
(p. 102). Another form, in which the wide discretion of the
the penitent
tribunals was exhibited,
to approach
was
forbidding
distance of the sea-coast.
This was
within a specified
not infrequent
in sentences
on
Moriscos,whose relations with Barbary
but it is not apparent why the Vallaalways excited apprehension,
in 1659, when
dolid tribunal,
sentencingDiego de la Pena for
should have included an inhibitionto approach
Jewish tendencies,
licence.2
within eightleaguesof any sea-portwithout a special
particular
Again, we sometimes find a penitentexiled to some
this
is
c
ombined
with
and
frequently
placefor a term of years,
for keeping him under surveillance. Thus the Vallaprovisions
in 1659, sentenced Isabel Rubfa and Maria Martin,
dolid tribunal,
for sorcery, to reside for four years in a placeto be designated,

where

there

monthly
was

the

and

sometimes
case

officialto whom

an

was

would

who
a

to

Ntinez,sentenced

presentthemselves

their amendment.8

of commutation

form

of Isabel

report as

they must

imprisonment,as in
to prison and
Cuenca

for
at

nacional,Inquisitionde Toledo, Leg. 1.

Leg. 552, fol.41.
Simancas, Inquisicion,

Arehivo

hist,

Arehivo

de

Ibidem, foL

42.

This

CHAP.

RAZING

II]

HOUSES

129

of Alfonso X.1
When
adopted in the legislation
prosecution
in the thirteenth century, this was
modified to
was
systematized
tearingdown all houses in which heretics were
found, the site
remainingforever accursed and unfit for human habitation. This
was

accepted by

was

that admitted

the Church

and

found

its way

into all the lands

the

Inquisition.2
Aragon adopted it and when,
Franciscan Fray Bonanato
about 1340, the Spiritual
was
burnt,
and his disciples
were
scattered,the buildingwhich they had
levelled
occupiedat Villafranca del Panades,near Barcelona,
was
to the ground.3
In the earlydays of the SpanishInquisition,
the strictenforcement
of the rule would

impairment of
have

been

reserved

had

been

Ferdinand, May

for

house in which

led to great destruction and serious

of confiscations. It seems
therefore to

buildingsin

accustomed

to

23, 1501,to
a

the

which

assemble,and

decided
confiscations,

have
inquisitors

that the
a

the value

of
recipient

the

have

the

heretics
then the

matter.

Aliagahis receiver at

asked

him

tates
apos-

king,as
letter of

states
Valencia,

to decree the destruction

had been

synagogue

or

found,to which he

of

assents

addition that the civic authorities must

be
suggestive
ordered to offer no
opposition.It turned out that Ferdinand
had alreadygiventhe house to Juan Perez,the scrivener of sequestrations,
he
have
it appraisedand
ordered Aliagato
whereupon
He seems
to have offered no opposition
to pay the value to Pgrez.4
of houses
to Lucero's
operationsin C6rdova, where a number
and he ordered
torn down
as having served as synagogues,
were
the CongregacionCat61ica assembled
at Valthem
rebuilt when
in 1509, pronounced the prosecutions
fictitious.5
ladolid,
the confiscations passed to the Inquisition,
financial conWhen
siderations
apparentlygot the better of zeal,for when, in 1539,
fix
of Judaizers revealed that a crucitrials of a number
at Valencia,
with

the

had

been

in

maltreated

house

used

for their

and
assemblies,

authorityfor its destruction and the erection

the Suprema replied
with a nummemorial
ber
cautiously
chapel,
of questionsas to value,location and expense, as there were

the tribunal desired

of

1
2

Consfct.v, vin,
Alexand.

PP.

\ 3, Cod.

IV, Bull

i, v,"

Ad

Frid. II, T. IV, pp. 299-300."

3

Eymerici

Archivo

Siete Partidas,P. vii, Tit. xxxvi, ley 5.

" 21."
extirpanda,
Pegnse Comment.

Director. P. 11, Q. 11.

de Simancas,

Lib.
Inquisicion,

Llorente,Afiales,I, 359.
VOL.

ni

1.

Huillard
92

in

Diplom.
Br"iolles,Hist.
Eymerioi Director. P. HI.

[Boos

PENALTIES

MINOR

130

VII

funds for the purpose, and it ordered the auto de fe to be held,

reservingdecision as to the house.1 The subsequent proceedings

no

that the

show
who revoked their confessions,
againstthe convicts,
stillstandingfour or five years later.
house was
There
the

ing
follow-

such hesitation in the stimulated excitement

no

was

in

discoveryof Protestantism

high placesin

When,

1559.

May 21, the Cazalla family were

the house of the mother, Leonor de Vibero,
nearlyexterminated,
used to assemble,was
razed,and a pillar
the littlegroup
where
de fe of

in the Valladolid auto

erected

was
"

on

the

spot,with

that
inscription

an

can

stillbe read

"

of Paul IV and the reignof PhilipII,

During the pontificate

Holy Office

the

of the

ground,since here the

meetingsagainstour holy Catholic

and levelled with the

to hold

buildingof

his wife to be torn down

de Vibero

Leonor

de Cazalla and

Pedro

this

condemned
Inquisition

assembled

Lutherans
faith and

the Church

Similarlyin the great auto of Seville,

Rome, May 21, 1559."
September 24, 1559, the houses of Luis de Alerego and Isabel
were
conventicles,
de Baena, which had served as Protestant
of

destroyed.2
ating
to restrain inconsiderate zeal for obliterA thriftydisposition
manifested by the Suprema,
of heresy was
the receptacles
in 1565, when it forbade the razingof a house unless it belonged
and thus would not have to be paid for.3 This
to the delinquents
however, was
restriction,

observed

not

perhaps the latest as well as the

the practice.In the great Madrid
honored

was

burnt

by

house

of Christ had

spoke

to

not

been

them

and

doomed

of

on

day

of

July 4, 1632, which

who

those

among

his wife Isabel Niinez

meetings,but

when

it shed

it with

fire.

scourgedand

they consumed
the

of

auto

held Jewish

only were

was

conspicuousexample

most

PhilipIV,

MiguelRodriguezand

were

in whose

the presence

occasion which

an

on

blood
Of

were

Alvarez,
an

and

image
thrice
it

course

was

ordered
after the execution the Inquisition

might be compensated.
who
the Licentiate Barquero, a highlyrespectedjurist,
He was
protestedagainstits destruction until he received good security
lost. On
the 6th the Inquisitor
No
time was
for its value.
it to be

appraisedin

order that the

owner

de Simancas, Inquisicion,Lib. 78, fol. 235.

92 in

Archive

Bibl. nacional,MSS., S, 121." Pegnae Comment.

p.

m.

"

Ed.

Bobmer,

Hacienda, Leg.
3

Archivo

de

Francisca

Hernandez,

p. 228.

"

25, fol. 2.
Lib. 939,
Simancas, Inquisicion,

fol. 19.

Eymerici

Archive

de

Director,

Simancas,

SPIRITUAL

II]

CHAP.

PENANCES

131

Crist6val de Ibarra,accompanied by the Admiral

the
of Castile,
de
la
Medina
Torres and other gentlemen,
Duke of
familiars
many
and

of

crowd

workmen, and preceded by

guard of

halberdiers

and

drums, marched to the spot, where a secretaryread a proclamationof the Toledo tribunal to the effect that it
ordered the demolition of the house where a holy Christ had been
scourgedand maltreated. Then the drums beat and the workmen
assailed the structure so zealously
that by nine o'clock that
the populaceeagerly
nightthere was not a vestigeof it left,
aiding
them in tearingthe stones from the walls and carryingoff the
The site was not left,
timbers.
as the canons
to be a recepdirect,
tacle
filth.
of
Money was raised and a Capuchin convent was
in remembrance
erected,known as La Paciencia,
of the patience
with which Christ had borne the indignities
heaped upon him.1
with banner

SPIRITUAL

PENANCES.

might be presupposedthat,in dealingwith spiritual

offences,
and professing
that its main
objectwas the salvation of souls,
would incline rather to spiritual
the Inquisition
exercises than to
pecuniaryand corporalpunishments that it would seek to instruct
rather than to afflictthe body. Religious
and elevate the spirit
the harshness of coerhowever,has always preferred
persecution,
cion,
and has held that the surest way to bring conviction to the
It

"

soul
to

to torment

was

the flesh.

how

see

sentences

consider

We

need therefore not be

surprised

in the
insignificantplace spiritual
penances
and itwould scarce
of the Holy Office,
be worth while to
them exceptto note how littlewas the importanceattributed
held

to them

by the tribunals.

merited no real punishment,

Except in trifling
cases, which
meet with are conjoined
such spiritual
occasionally
as we
penances
with material

perhaps be

penalties.A
requiredto fast

man

on

sentenced

Fridays

to

imprisonmentmay

for six months

or

year,

of Ave Marias
prescribednumber
other prayers.
and Paternosters
or
Pilgrimagesto shrines as
of Canterbury or St. James
of Compostela,
distant as St. Thomas
were
so
known.
unfrequentlyprescribedin the medieval Inquisition,
It is true that the formula of sentence on the reconciled,
and

to recite

Auto

de

on

la Fe

those

days

celebrada

en

Madrid,

esto

ano

Arch. Seld. I, 1),"Llorente,Hist. crit. Cap, xxxvm,

de

1632
Art,

(Bodleian Library,

1, n. 7,

condemning them
a

PENALTIES

MINOS

132

to
pilgrimage

their knees

to

some

they must

[Boos

requiresthem
prison,
designatedshrine in

VII

Saturdaysto make

on

vicinity,
where^on
Ave
five
with
devotion
Marias,
Paters,
repeat
the

Credos and Salve Reginas,but this was not often used in practice.1
sentenced to reclusion in convents, frequently
Clerical offenders,
other inflictions.
exercises included among
had spiritual
numerous
this moderation

While

the

was

rule,occasionallyof

course

as
exceptions,

unlimited discretion of the tribunals made

the
in

a,

ill-judged
singularly
penance imposed at Toledo,in 1653,on Ger6nima Mendes, a child ten years of age, convicted of Judaism,who
sentenced to a month's instruction in the faith and the daily
was
recitation of the rosary for a year.
sists
Seeingthat the rosary conof seventeen
a hundred
Paternosters,sixteen Gloria Patris,
and

Ave Marias and the Apostles7

Creed, one
fifty-three
the burden

littleit would

conduce
an

infliction
however

frequently
happens, in the reportsof the
the material portionsof a sentence/that
consideration bestowed

wasjhe
better

and it
exceptional,
after detailing
tribunals,
there is a mere
general
was

which suggestshow
penances/'
spiritual

allusion to "some

mate
esti-

child of such tender years and how

in a love
to trainingthe youthfulpenitent

imposedon

for the faith.2 Such

can

There

them.

on

is

one

slender

type of

tence
promise,not infrequentin the later period,such as a senpronouncedat Toledo,in 1777,on Antonio Rubio and Diego

Gonzalez,condemned

the former
for hereticalacts "and blasphemy,

years7labor in the arsenal of Cartagenaand the latter to

three years in the presidio
of Ceuta, both of whom
were
required,
before leavingprison,
to perform fifteen days of spiritual
exercises
to five

under
The

director who

hearingof

would

instruct them.3

as

which
penitent,

mass

cannot
infliction,

be

classed

simplehumiliation and
publiclyin church.

was

so

UNUSUAL

discretion in
1

Pablo

Archive

Ibidem,

hist,

very

frequent

"

PENALTIES.

the tribunals sometimes

adapting to

Garcfa, Orden

it was
spiritual
a
penance
when performed
intended,especially
as

A few instances will indicate how

their wide

was

any

given

case

what

de Processar, fol. 34.

national,Inquisicionde Toledo, Leg.

1,

used
was

CHAP.

II]

deemed

UNUSUAL

PENALTIES

appropriatepenalty. It is true
1539, made Fray Torres,a priest,
appear

in

fe,with

an

bridle in his mouth

rebuked

Suprema

the

future.1 So

when,

and

it and
in

have

preached

to

sermons

mildlyremarked that this

Llerena,in 1579, there was
a

of Zafra.

man

his interests that she

It
was

but
accomplices,
to him
prohibition

on

her

in

In

in

was
a

was

on

his

back,

eccentricitiesfor the

Morales
1568, Inquisitor

he
Sebastian,

Valencia,
publicauto de

that when

pannierof straw

forbade such

duringhia visit to San

of

133

had condemned

at their expense,

novelty.2In

an

reportedthat,
certain offenders
the

Suprema

auto

de fe at

negress named

the slave
Catalina,
doubtless through consideration of

spared the corporalchastisement visited

there

was

distinctinvasion of his

to sell her without licence from

rights

the inquisito

1607, at Valencia,a singlewitness accused

Marfa

Tubarri, a Morisca midwife, of using Moorish ceremonies in

and of circumcising
the males;the proof,
infants,
baptising
against
not thought sufficient to justify
her denial,
was
torture and she
to
de
but she was
requiredonly abjure levi,
was
deprivedfor life
her profession.4
of practising
There was
trary,
wisdom, if a triflearbiin a sentence at Toledo, in 1685, on Lucas Morales for
other penalties,
a prohibition
blasphemy,for it included,among
for gaming was
to gamble a sensible provisionagainstrelapse,
of blasphemy.5
source
as the most
prolific
recognized
"

There

was

the

same

latitude in vindictive

in deterrent ishments.
pun1637,there were several
as

from 1635 to
Valladolid,
Judaizers convicted of maltreatingan image of Christ. The
but the Suprema approved the
consultors voted for relaxation,
that they should have the rightarm
decision of the inquisitors
At

nailed to

stake in the form

of

cross, while their sentences

were

being read in an auto de fe.6 Less symbolicaland stillmore

devised for the Mexican
ber
auto of Decema
was
spectacle
original
to the waist,
was
stripped
7, 1664, where one of the penitents
while two Indians smeared him with honey and covered him with
1
2
3

Lib. 78, fol. 332.

de Simancas, Inquisicion,
fol.
27.
Ibidem,Lib. 81,
Archive

Bibl. nacional,MSB.,

S, 121.

nacional,Inquisicionde Valencia,Leg, 2, n. 10, fol. 44.

5
Ibidem, Inquisicionde Toledo, Leg. 1.
8 Archive
Leg. 552, fol. 17, 22. At this periodautos
de Simancas, Inquisicion,
stillawaiting
were
de fe were
not frequentand, at the close of 1638,the culprits
4

Archive

hist,

"

one.

MINO"

134

hours

which

in

"feathers,

beneath

-dignity

the

four

for

the

in

years

doubtless

where
There
the

de

he

evidently

penalty

to

tribunals

Obregon,

Archive

enriched

defined

no

inquisitorial

ample

Mexico
hist,

of

use

viejo,
national,

for

1"

the
of

to

Serie,

186

p.
de

expletives.2
of

power

offence,

the

(Mexico,
Toledo,

serve

Catalonia,

prerogative.

Inquisition

not

Toledo

1650,

and

of
to

four

was

blasphemy,

vocabulary

conception
their

in

Portugal

limit

for

sun

army

when,

as

against
his

the

the

for

Calderon,

Herrera

in

stand

to

tribunal

the

VII

[BOOK

recruiting

campaigns

was

the

made

made

was

Even
of

Andres

condemned

he

guise

staging.1

the

on

PEfrAL'TlES

Leg.

1891).
1.

suiting
and

the

CHAPTER

III.

HARSHER

PENALTIES.

THE

ALTHOUGH

in mind

borne

be

must

monastic

orders

among
it

liberally administered
sins, as

the

of

from

in the

anciently indispensable. In the

frequent use, although there it was
its infliction

in

religious processions.

indeterminate
of

the

had

who

their

around

halters

tribunal

by

on

penitents

hundred

unit

the

treated

being the
populace was
bared
their

of

they
of

to

were

naked

the

executioner

that

it

was

and

the

the

and

plied
tale

by

was

order

notary
the

Mounted

or

penca,

or

on,

one

day

next

astride

the

streets,

secretary

halter,

of

tion
bearing inscrip-

amigo holding

accustomed

so

The

mitre

fe with

the

and

number.

and

de

in

hundred

two

and

executioner.

auto

knot

one

spectacle.
de

public

an

series

of lashes

in the

was

halter

pi$

through

familiars

flesh,until

the

to

disciplinewith

number

of the

minimum

the

waist, with

offences

paraded

mounted

while

the

and

or

penal

indeterminate

an

appeared

lashes, if two,

service

part of the

the

the

arm

if there

cation,
edifi-

of

matter

in

was

natural, although
dictive.
purely punitive and vin-

during

suffer

to

discipline which

form

wielded

vigorous

tion
absolu-

therefore

prescribed

necks;

signified a hundred

asses,

rendered

or

touching
in

priests during divine

strokes

Rule

Inquisition it

it should

priest who
of

The

laid

were

The

it

number

feast-days.

they

the

longer

no

was

the

priest

of the

Old

Spanish Holy Office was

its penitential aspect and
became

it lost

discipline,

fact, the

the

by

of the

resources

It

by

That

of

In

symbol

it

especially
penance,
daily or weekly chapters,

wand

was

through

of the

all infractions

persuasive

of

absolution.

is

excommunication,

as

incongruous,

euphemy

feature

for
to

lash,

somewhat

the

where,

the

appear

preliminary
with
penitent'sshoulder

other

of

use

prominent

the

was

the

that, under

formed

always

it has

sight

religious belief,may

correct

to

first

at

SCOURGE.

to

leather

head

with

make

strap,

erect,
a

guard
record,
on

the

complete, and the town-crier

claimed
proof the
for
the
crimes
Inquisition
(135)

CHAP.

Ill]

SCOURGING

137

recall

that,in the list of officialsreportedby Murcia, in 1746,

there
figuresJoseph Garcia Bentura as notario de a$otaciones
to keep record of the stripes,
with a salary
a notary of scourgings"
of about 2500 reales,
realize how prominenta feature it was in
we
effect on
the populace
inquisitorial
penology.1 The brutalizing
of these wholesale exhibitions of flogging,
of women,
especially
we

"

readilybe estimated.

can

usual number

The

in occasional

of lashes

cases

prescribedwas

hundred

sufficed.

In the two

ninety-sevenjustalluded to, two hundred

hundred

lashes and

two hundred

of

only seven

exceeded

and

hundred

ninetywere

hundred.

one

in any

hundred,though

two

It

was

and
of two

rare

that

infliction,
though sometimes
it was
of September
mercilessly
as in the Seville auto
duplicated,
a
24, 1559, Martin Fernando
Saldrian,
shepherd,for blasphemy
was
scourged in Seville and again in his native town; Alonso
Martin of Carmona, for Lutheranism,was
scourgedin both Seville
and Juan de Aragon of Malaga,who had pretended
and Carmona
to be a familiar,
was
scourgedin Malaga and again in the scene
were

one

of his offence.2

Probably

two

with
especially
the infliction was
mira
was

reduced

to

Morisca

Jayme
a

her.3

to

of

auto

and the

There

January

girlof 13,after

in

for age
7, 1607,Isabel Madalina
was

no

was

of

76, who

account
mean

to

remit

execution

the

women

and

finallymen;

pronounced,but they are

1

See

of

Appendix to

Archivo

Proceso

Archivo

remitted

"

or

sex.

Conteri,
hundred lashes,

been

tortured,had

to Francisco

while
treasure-seeking,

of age and infirmitiesand of

Then
cripplingby torture.

spare

had

administered

aged
aged 60, who had escaped torture on
not spared a hundred.4
was
As the eighteenth
century advanced
to

mercy

had
overcomingtorture,

Morisco
same

86 for sorcery

readiness

the limit of

safety,
those
for
by prolongedincarceration,
We hear of Margarita
.Altasevere.
excessively
such extremityafter a scourging
that the viaticum

Chulayla,a

hundred

about

were

enfeebled

administered

In the Valencia

lashes

hundred

account

Marquino,
Magdalena Cahet,
of heart-disease,

there appears

to be

more

scourgingon
which probably
accidentes,"
there developesa tendency
sentences

the

by

sentences

the

of

continue

to be

In
inquisitor-general.

Vol. II.

Leg. 25, fol. 2.

contra
Margarita Altamira, fol. 40 (MSS. of Am. Philos. Society).
hist,nacional,Inquisicion
deValencia,Leg. 2, n. 10,fol. 37, 54,55,74.
de Simancas, Hacienda,

[Boo*

PENALTIES

HARSHER

138

pardoned the

CIos,for bigamy, was

1769, at Toledo, Ger6nimo

VII

lashes of his sentence, which could not have been

not released from hard labor for five years
for infirmity,
as he was
hundred

two

be

Restoration,from

the
not

case

in which

scourgingmay

this time

royalworks at Cartagena.1 From

regardedas obsolescent and soon to

in the

obsolete.

become

Under

1820, in the wtos secretos,there is

included
for when
the lash was
inflicted,
always remitted by the Suprema.2
1814 to

in the sentences,it was

of course,
The clergy,

subjectedto

not

were

publicscourging.In their cases

administered
circular discipline,

it took
in

known

the form

by

convent

of
disgrace

the

as

all the inmates

in turn.

VEBGUENZA.

with the lashes

the same
as scourging,
or shame, was
Vergiienza,
The culprit,
omitted.
strippedto the waist and with the pti de
of his
amigo, was paraded through the streets,with the insignia
It was
offence,while the town-crier proclaimedhis sentence.
times
regardedas less severe than scourgingand was somenaturally
too aged
the penitent
when
was
substituted for the latter,
or

feeble to endure

the lash.

For

the beldams

had

often its subjectsit could have

were

greatlydreaded by

was

those

ruffians who

and

but few

terrors,but it
The

of sensitive nature.

inquisitors

dealingwith Judaizers and Moriscos,

and Pedraza informs us
who had a keen sense of personaldignity,
to
that those exposedto it regardeddeath as a mercy, preferring
the
die rather than to endure a life of infamy.3 To young
women
was
humiliating,
especially
yet,on the whole, it may be
exposure
for
of our forefathers,
regardedas more humane than the pillory
not exposed to the missiles of a brutal populace.
the penitent
was
a
comparativelyinfrequentpunishment. In
Verguenza was
littlecount

took

Toledo

the

when
of this,

sentences,which may
three
to

and
scourgings,

1794

present but

In the very

severe

be

compared

Archive

hist,

Archive

de

Pedraza,Hist,

in

occurs

but

with the hundred

the records of the

same

twenty-six
and thirty-

tribunal from

1648

ninety-twoscourgings.
de fe between 1721 and 1727,
hundred
and ninety-seven.

vergiienzasto

ten

series of autos

comparison is thirteen

the

it

reports of 1575-1610

to two

nacional,Inquisicionde Toledo,Leg.

1.

Lib. 890.
Simancas,Inquisicion,
eccles. de

Granada, P.

iv,

Cap,

129

(Granada, 1638).

THE

Ill]

CHAP.

GAG"

THE

GALLEYS

139

MOEDAZA.

The

mordaza

greatlythe

or

gag,

as

have seen,

we

was

regardedas increasing

of the infliction of which

severity

sometimes

used

it formed

part. It

in

scourgingand vergiienza,when the socalled penitentwas

a hardened
blasphemeror likelyin some
way
It was
to create scandal.
likewise employed in the autos de fe,
and impenitentheretics of whom
it was
on
feared
pertinacious
that they might on their way to the stake produce an impression
those not firm in the faith.1 Its use was not frequent,
on
although,
in the dread inspiredby Protestantism,
in 1559, at the great
Seville auto of September 24th, twelve of the victims wore
the
There were
also twelve thus gagged in the Madrid
mordaza.
was

of

auto

1680, but these numbers

exceptional.2

were

GALLEYS.

THE

to labor at the oar, would

galleys,
appear
than
to be even
more
scourgingas penance for
incongruous
unknown
to the elder
offences.
It was
a Spanish device,
spiritual
and had its originin the thrifty
mind of Ferdinand.
Inquisition,
the monarch
and the
how exercised were
We
shall presently
see

Enslavement

Holy Office

over

in the

the

problem presentedby

the

maintenance

of

penaltyof perpetualprison,
Sicilian possessions
and Ferdinand,whose
requireda powerful
his able-bodied
of utilizing
navy, bethoughthim of the expedient
his galleys the galley
to man
by oars beingas
propelled
prisoners
of the modern
was
Galley-service
battle-ship.
yet the equivalent
recognizedas so severe that the old fueros of Aragon forbade it
ual,
under heavy penalties,
except with the free assent of the individnot until the curtailment of ancient privileges,
and it was
those

condemned

to the

canonical

"

in 1592, that judges were

permittedto
the pressure for
punishment for robbers.8 In Castile,
isindicated by a royalc"dula of November
the galleys

in the C6rtes of Tarazona

use

it as

slaves to

a
man

14, 1502, commuting

1

the death-sentence

Simancse de Oath. Instt. Tit. XLVIH,

n.

of criminals in the secular

Pablo

6.
"

Garcfa,Orden

de

Processar,

fol. 31.
3

Archive

Fueros

Hacienda, Leg. 25. Olmo, Relacion del Auto, p.

Aragon, fol. 164, 204,220, 238 (Zaragoza,1624).

de Simancas,
de

"

104

[Booz

PENALTIES

HAESHEE

140

VII

galleys.1It was
probablyabout this time that Ferdinand turned to the Inquisition,
which was bound by no laws,for relief from overcrowded prisons
and undermanned
galleys.Even the callous moralityof the age
ordering them

courts, and

been

to have

seems

to be

shocked

sent

at this

to the

and, as usual,the sanction

of

granted,
May 26,
and Alexander VI, in a brief addressed to the inquisitors,
to
and Isabella had represented
1503, recited that Ferdinand
to perpetualprison relapsedinto
him
that those condemned
heresy;that there was a lack of prisonsin which they could be
of
confined without pervertingothers,and that multiplication
prisonswould lead to dissemination of heresy;that their power
punishment had
to commute
imprisonmentinto other perpetual
and that they had asked him to provide
been called into question,
should be
a
remedy. As the chief solicitude of the inquisitors
he therefore empowered them to change
of relapse,
the prevention
into other penaltiesdeportation
the perpetualprisonof penitents
where,
to the colonies,
or
imprisonmentin the royal galleys,
or
in perpetual
confinement,they might render enforced service,
other perpetualpunishment,accordingto their quality
to any
the

Holy See

was

of

soughtfor the iniquity.It was

course

"

and

offences.2

to the reliefof the

of

taken

full advantagewas

That

Naples.

We

prisonfunds
chance

to

January 24, 1505,of nineteen

to the

accept

as

of
galleys

Ramon

example of

an

what

of this there

can

be

no

doubt,

and the facilitationof the conquest

Barcelona,
from the gaolof the Inquisition
prisoners
de Cardona, which we may
fairly
In
foot everywhere.3
fact,
on
was

hear

of the

transfer at

the eagerness of the tribunal^ to disembarrass themselves of their

the galleys
on
to have led to their discharging
prisonersseems
for the Suprernawas
unfit for the service,
those in every way
over
60, clericsand women
obliged,in 1506, to declare that men
were

exempt from

the

Even Ferdinand
punishmentof the galleys.4

himself,towards the close of his career, seems

of openly authorizingan
from the responsibility
heartless business for

permissionto

send

Archive

Bulario de la Orden

de

to have

shrunk

extension of this

asked
of Sicily
when, in 1513,the Inquisitor

to the

galleysthose

condemned

Seccion primera,Carpetav,
Sevilla,
de

Santiago,Lib.

n.

II,fol. 130."

41

to

perpetual

I860).
(Sevilla,

Archive

hist,national,

Inquisicionde Valencia,Leg. 2, n. 16, fol. 292.

3
4

Carbonell

MSS.

de Gest. Hseret. (Col.de Doc. de la C. de

Aragon,XXVIH,

of Royal Library of Copenhagen,218b,p. 187.

166).

prison,Ferdinand

think the matter

is

reached
the

unknown,

tribunal

Palermo

ons
pris-

said,but the galleysmay deter

is therefore to
heresy; the inquisitor

and

over

to build

him;

on

he

money,
their
confessing

from

141

the decision back

threw

will cost much

men

GALLEYS

THE

Ill]

CHAP.

do what

he deems

but

may

did

we

not

best.1

sion
conclu-

reasonably surmise
its funds

waste

The

in

that

constructing

prisons.
hesitation

Ferdinand's

to have

seems

been

shared

by Charles

for,in 1527, the Suprema ordered that penitentsshould not be

but should have other penances.2 The motive
sent to the galleys
for this humane
however, did not long withstand the
provision,
V

considerations. In 1529, Rodrigo

pressing economical
of the galleys,was
instructed that
Portuondo, captain-general
sent to them by the Inquisition
should hold any office or
one
no
have charge of the rations,
or
administration,
showing that the
had been rescinded.3
ligence
prohibition
Apparentlythe superiorintelhad rendered them more
of the penitents
useful as petty

more

officersand

than

accountants

slaves of the oar, but this alleviation

the spirit
of persecution
and
satisfy
as

misery did not

it was
probablyto prevent it that the formula of the sentence was
service at the oar without pay
unless,indeed,the penitentwas
of gentle
blood,in which case he could he sent to serve as a gentleman
of their

"

as

or

We

have

soldier.4
to what

already seen

turned the power which ithad

and
this abhorrent servitude,

from

led to interest himself in the

case

and
galleys,

to

the

asked

of his term.

remainder

was

in 1558

case

have

indicates how

prerogative.PhilipII

of Andres

this the

To

of Frias

that the statement

invasion of its

it guardedagainstany
to

the Inquiaccount
profitable
sition
assumed to grantdispensations

de

was

Frias,condemned

him

dispensedfrom the
Suprema demurred, saying

untrue, for in Rome

he had treacherously

Doctor
stabbed to death the procuratorof the Inquisition,

Puente,

after

the seventeen

moreover

had

diningwith

not been

as

Archive

de Simancas,

Ibidem,

Lib.

Mem.

Pablo

promisingto

which

he

claimed

as required
by
galley-slave,

months

and

sup with him;

to have served

his sentence.

Still,

presenthimself and manifest repentance there might

if he would
1

him

hist6rico

VI,
espafiol,

Garcfa, Orden

Halle,Ye, 20,

Lib. 3, fol. 238.

Inquisicion,

76, fol. 71.

T. I.

de

501.

Processor, fol. 41." MSS.

of

Library

of Univ.

of

[BOOK VII

PENALTIES

HAESHEE

142

opportunityfor the king to show him mercy, but otherwise

it would greatlyimpair the authorityof the Inquisition.1
his galleys,
Philipwas not givento intercedingfor those sent to

be

continued
galley-slaves

for

to be in

In

great demand.

1567

the

Tiepolo,explainsthe weakness of the

manned with slaves
were
Spanishnavy by the fact that its galleys
not numerous
who
enough to keep many galleys
were
and formats,
men,
with freethem
to man
It would be, he says, impossible
at sea.
the illas
would serve voluntarily,
one
as in Venice,for no
Venitian

envoy,

Antonio

of the

treatment

is notorious and

crews

their

dying for lack of

the necessaries of life.2 It is true that there was

besides the ordinary criminals and
of

curious

source

for the

heretics,
supply,
to condemn
accustomed
Orders were
prelatesof the religious
economical
from the same
their peccant brethren to the galleys,
motive that had actuated Ferdinand"
them

the
prison.3Still,

in

to the

Philipturned
pressing;
issued two

the

Suproma

the

royalgalleys.One

than

three

more

than

to save

needs

taining
the expense of mainof the armadas
were

for aid,and,
Inquisition

decrees intended
bore that sentences

to

assist in

must

in

1567,

manning

not be for less

four years, for otherwise the penitentscost the king

enforced
the service he got from them, and this was

or

suggested"suggestion
could
sentences
to the galleys
be substituted for those to prisonand sanbenito. The practical
deduction drawn from this is expressedby a writer of the period,
the
who says that,if the accused confesses but does not satisfy
by a royal cedula of 1584.4 The
that
to an order
being equivalent

other

"

evidence,he is to be tortured and, if he stillfails to satisfythe

but this must
evidence,it is customary to send him to the galleys,
fullythis atrocity,
be for not less than three years.5 To appreciate
it must

where

of doubt
torture

Even

in mind

be borne

the evidence

the victim

was

this did not

Archive

that torture could

sent to

onlybe

used in

cases

so that,besides the
defective,
of heresy.
for suspicion
the galleys

was

the royalexigencyand
satisfy

further inex-

Sala 40, Lib. 4, fol.228.

de Simancas, InqTiisicioii,

Venete, Serie I, T. V, p. 140.

3
Bledae Defensio Fidei,p. 310.
4
Lib. 939, fol. 119; Lib. 962, fol. 25."
Archive
de Simancas, Inquisicion,
Elucidationes
S" Officii,
I 6 (Archivo de Alcala",
Hacienda, Leg. 5442,Lib. 4)."
Archive
hist, nacional,Inquisicion de Valencia,Leg. 5, n. 1, fol. 65, 66.
5
MSS. of Royal Library of Copenhagen, 218b,p. 187." Archivo hist, nacional,
de Valencia,Leg. 299, fol. 80.
Inquisicion
3

Relazioni

THE

Ill]

taken.

cusable step was

confessions were

GALLEYS

We

have

visited with

143

seen

that

scourgingand

tardy and imperfect

with the

sometimes

while the buen confitente,

confessed promptly and
who
galleys,
allured with promises of specialconsideration and
was
freely,
ing
Yet, in 1573,the Suprema issued a carta acordada ordermercy.
that Converses,even when
biten confitentes}
should be sent to
and this it repeated in 1591, with injunctions
the galleys,
for its
of religion
The name
enforcement.1
has not often been more
than in these provisions,
and their success
brutallyprostituted
be measured
of Saragossato
by a report of the inquisitors
may
of an auto celebrated June 6,1585, in which they call his
Philip,
him with twenty-nine
specialattention to their zeal in furnishing
for six years, besides three left over from a previous
galley-slaves
and this in Aragon,which forbade galley-service
auto
as a punishment
"

for the most

heinous

crimes.2

The

in dischargnot punctilious
were
galley-captains
naturally
ing
the men
when their terms had expired,
rise
to
giving
perpetual
The
sentence ordinarily
friction.
to a term of prisonor exile,
was
of which the firstthree years or more
to be passed at the oar,
were
and this was set forth in the certificatesgivento the penitents.The

tribunals kept watch

serve

over

out the rest of their

them, and

demanded

sentences,but this was

their return
not

to

easy task.

an

exercised is illustratedby a royalcedula addressed

vigilance
whose
to the captainof a galley,
orderinghim to release two men
and warning him that in future allsuch persons
terms had expired,
The

to

were

be

returned

to the tribunal that had

sentenced

them.3

in 1568, by generalinstructions to Don

John
followed,
of the Sea, and to all captainsof
of Austria,as Captain-general
the complaintsof the Siciliantribunal that its
reciting
galleys,
not compliedwith,and ordering
reclamations of its penitentswere
mands.4
their restoration to their tribunals without waitingfor de-

This

was

This

was

ineffectual and, in 1575, we

find the Barcelona

tribunal instructed to prosecutethe captainswho

the
The

dischargeof
trouble

was

those who

had

impede
sentences.5
inquisitorial

served out

perennialand,

in

hist, national, Inquisitionde

Archive

Bibl. national,MSS., PV, 3, n. 20.

1645, we

have

formula

Valencia,Leg. 5, n. 1, fol. 285,

of

329.

Lib. 10, fol. 1.

Simancas, Inquisition,
Lib.
Archivo
10,fol. 5. Franchina,Breve Rapporto
Simancas,Inquisition,
del Trib. della S. S. Inq. di Sicilia,
p. 189.
5 Archivo
Lib. 82, fol. 148.
de Simancas, Inquisition,
8
*

Archive

de

de

"

CHAP.

THE

Ill]

Gibraltar,
Badajoz, Penon

GALLEYS

and

145

other

royal works and garrisons.1

In the eighteenth
the galleysfor all classes
century Inquisition,
were
graduallysupplanted by the presidio,if we include in the
enforced labor in the royal dock-yardsand arsenals as well
term
as in the African garrisons. Galleyswere
from the
disappearing
in
the
and,
sea
Inquisition,
they were
superseded by the bagnet
forms
of hard work.
in its various
In 1742, the Toledo tribunal
Rafael

condemned

Nunez

of exile of which

years

Herndndez, for

the firstfive

king in the unwholesome

to the

last sentences

Nicholas Serrano
of

certain errors, to eight

to be passed serving
the

were

mines
quicksilver

galleysthat I have
condemned

was

of

met

Almaden,
in

occur

at Toledo

for

and

the

1745, when

bigamy

to

eight

service in

them, and Miguel Gutierrez and Francisco

for relapseinto Judaism, to ten years.
Garcia, at Valladolid,
After this the galleys
be said to be obsolete,
for bigamy,
even
may

years

is

as

of the Valencia

sentence

presidiocontinued

The

but

in

seen

cases

were

so

rare

bigamy

the

Suprema
to

"

In

Restoration,

to the

reception

1818,the Seville

"

get the minister of

receive them.

business of the

questionas

was

placesof destination.

the

two for propositions

and one
persons
and it asked
years'service in Ceuta or Melilla,

to two
to

punishment under

three

sentenced

for

that there

of the convicts in their

tribunal

as

tribunal in 1781.

to issue orders to the governors

war

Suprema repliedthat this

The

do

tribunal;it must

on

as

former

was

the

and
occasions,

The forgats
could write to the governors.
were
duly
in
six
the
received and, itis pleasant
to add that,
months,
Suprema
if necessary

humanely remitted the punishmentin order that they might return

and support their families. For this an order from the secretary
of the Council of War
was
requiredand procured.3
service without
the equivalentof the galleys
was
For women,
houses
hospitals,
Apparently these female

pay

of

in

correction and

convicts

similar institutions.

always regarded as
times,no
pre-revolutionary
not

were

in the

though,
times
oppositionwas ventured, under the Restoration there was someIn
the
1819
Seville
in securingtheir admission.
difficulty
tribunal appealedto the Suprema, representingthat it had been
desirable inmates

Autos

and

Lib.
acordados,

v, Tit.

xsd, Auto

13.

"

Archive

hist,

nacional,Inquisi-

cion de Toledo, Leg. 1.

2

Archivo

de
foe.Git.;Inquisicion
hist, nacional,

Royal Library
3

Archivo
VOL.

de
in

Berlin,Qt.,9548.
Lib.
Simancas, Inquisicion,

Valencia,Leg. 16,n. 5, fol.50.

of

10

4352.

"

HABSHEE

146

unable

thus
it had

which

The

Macias.

[BooK

cle

Luna,

in the cases
experienced
Inquisition
inspiredno

of Ana

to

dispose of

PENALTIES

Juana

for the

same

Barbero

such

terror

as

VII

reasons

and Leonor

old,for
difficulty,

of

of overcomingthe
Suprema could suggestno means
method
and could only instruct the tribunal to devise some
executingits sentences.1

the

of

that it followed
It is not to the credit of the Roman
Inquisition
in-its list of
the example of the Spanishand included the galleys

punishments. Carena, indeed,tells us

of all and was the customary penaltyin

that it
a

wide

the most

was

varietyof

usual

offences.2

RECONCILIATION.

reconciliation to the Church, which

That

lovingmother,

children,should

eager to welcome

regardedas

be

in terms, yet
of those

speak

to

back
a

representedas

was

to her bosom

punishment,seems

her
a

erring
diction
contra-

it was, and the Suprema did not hesitate

had been condemned
to reconciliation."3

so

"who

not be easy to invent a more

emphaticillustration of the
fanaticism.
of religion
by persecuting
perversionof the spirit

It would

apostate or the heretic,who

The

through the waters

by abjuringhis errors
reincorporated
after admission

In
Mosaic
nor

the

there with such heretics

was

as

the Church

baptism, could only be

and

Conversos,who
law, there could

Mahometan

or

of

of

case

abandoned

had

iation.
applyingfor reconciladhered
to the
secretly
be no questionas to this,

Protestants.

To

what

extent

tion,
might constitute formal heresy requiringreconciliaor
might infer suspicionof heresy,lightor vehement, was
and sometimes
intricate
a
an
was
problem for the calificadores,
infinite and
error
are
one, for the gradationsof theological
other

errors

subtile.
In the tumultuous

Edicts of

Grace,penitentscame

earlyperiodwhen, under
forward by the thousand,confessing

errors

and

Archive

P. m,
Carense de Officio SS. Inquisit.

sonas

the

the ceremony
begging for reconciliation,
naturally
simple. Under the Instructions of 1484, the form

their
was

proceedingsof

Archive
que

de

de
en

Lib. 4352.
Simancas, Inquisicion,
Tit. xiii,0 3.
Lib.
Simancas, Inquisicion,
942, fol. 15

tal auto

"

se

Officii" 57 (Archivo de

condenaron

" reconciliation."

"

"Los

avitos de las perOf. Elucidationes Sancti

Alcala,Hacienda,Leg. 2442,Lib. 4).

RECONCILIATION

Ill]

CHAP.

Andrea

described by Joan

penitenthad

that the

the rites and ceremonies

is

and

they

with
faith,

through the said crime

Church, if,as he

pure heart and faith

and

reconcile him

must

says, he is converted

is made

No mention

here of any

must
at least abjuration

less hurried

in

appear

there had

and

de

auto

an

subsequentceremonies,although

is read,he should
errors

absolve

we

incurred

and

we

him

as

"

the

to which

was

he

to which

was

"

in

cap,

bands

or

when,

tent
peni-

was

to

penitential
forming a

after his

tence,
sen-

confessed and all

errors

order him to be absolved

we

him
reincorporate

which

and
holy sacraments
appended a recital of

we

This

him

of the

the various
auto

and

restore

communion

After the

administered.

he has

in the bosom

Church, and

condemned.

he

penance

excommunication

any

Catholic

Holy Mother

of the

faithful"

from

unite and

in
participation

to

abjurethe
publicly

apostasy,after which

and

procedure

recited that the

red aspas
candle in his hand

When

been time for its elaboration,

the

fe, without girdleor

cross, and

St. Andrew's

union

incurred

to

probablyhave followed.

habit of yellow cloth,with two

and

unfeigned,
imposed,

Holy Mother
holy faith trulyand

to the

impressive. The sentence

process became
admitted to reconciliation;
that
was

other

and

fiction.1

without

was

penalties

converted

perform the penances to be

from
the excommunication

him

absolve

that he has been

says

accept and

ready to

must

an

now

desires to return to the

declared
inquisitors
who
had followed
apostate heretic,

of the Jews and had incurred the

but, as he

of the law

to be used: the

was

been

147

ments
punish-

de fe

was

similar to

was
ended, the abjurationwas
in
it he consented,
de vehement! alreadygivenand
the abjuration
of the canons.
to submit to the penalties
On
in case of relapse,
the conclusion of this,he was
formally absolved and the next
read over to him, with a warning that in
was
day his abjuration
he would be burnt.2
of relapse
case

As

described in

While

account

of the Madrid

auto

de fe of

1632,

imposing. The penitentsto be reconciled

who
was
presiding.
brought before the inquisitor-general
prising
they kneeled before him he read a short catechism,comto each questionof which
the creed with some
additions,

this ceremony
were

an

was

"

they answered
in
abjuration,

Yes,

which

I believe."

Then

they followed him.

de

Instrucciones

PaWlQ Garcia,Orden

secretaryrecited the

The

inquisitor-general

fol, 10).
(Arguello,
fol
33-36,
de Processor,

1484,#

the

10

VII

exorcism and the customary prayers and the

pronouncedthe

then

[BOOK

PENALTIES

HARSHEE

148

the

royal chapel chanted

Miserere,during which

the

chaplains

the shoulders.

with rods on
struck the penitents
Inquisition
and
recited the customary verses
After this the inquisitor-general
while the black cloth
prayers and the royalchapelsang a hymn,
removed from the cross, which had been covered as a signof
was
of the

mourning, and
with a hymn.1

the

the solemnities

concluded
inquisitor-general

there
Superficially,

is

nothing formidable

in this

receptionof

wandering sheep back into the fold,but the serious aspect of

its characterization as a punishment,
justifying
reconciliation,
inseparablefrom it,
virtually
lay in the penaltieswhich were
imprisonment,
and were
customarily included in the sentence
a

"

with occasionally
scourging
sanbenito,confiscationand disabilities,
the

and

of which

some
galleys,

we

have

others will be treated hereafter. There

the canons
pardonedthe heretic but once.

alreadyconsidered

while

further the fact that

was

If,after reconciliation,

for him on earth,

there was
no
mercy
guiltyof reincidence,
althoughthe Church in its kindness,would not close the portals
would admit him to the
of heaven on him and, if truly contrite,
sacraments, although it would not spare him the stake.2 The

he

was

crucial

question of relapse,however, will be considered

in the

chapterand meanwhile it should be said that the Spanish

did not always enforce this cruel precept. In the
Inquisition
infrequent,
later periodsecond reconciliationswere
by no means
sometimes shrank from the
and, even in the earlier time, men

next

which

holocausts

the strict enforcement

of the rule would

have

caused amid a populationterrorized into suddenly forswearing

their ancestral faith. In Majorca, under the Edict of Grace,

reconciliations,
August
thirty-eight
Soon after
March 26, 1490.
on
18, 1488, followed by ninety-six
this an Edict of Mercy was
published,under which there were
and eightyreconciled a second time no less than two hundred
eightof the previouspenitents.One of these,Antonia, wife of

there

Ferrer

three hundred

were

Pratz

was

cases
Scattering

Archive

Cap. 4

Archive

Revista

de

even

and

third time, June 28, 1509.

where.3
reconciliationscan also be found else-

reconciled

of second

de Alcala, Hacienda, Leg. 5442 (Lib. 6).

Sec. Sec. Q. xi,Art. 4.

Sexto,v, ii. S. Th. Aquin. Summse
Serrano y Sans,
Of. D. Manuel
Lib. 595.
de Simancas, Inquisicion,
Archives,Abril,1902, p. 259.

in

"

"

CHAP.

Ill]

There

RECONCILIATION

was

149

rule that the reconciled

to be

not

were

subjected

the

scourgingor
even
galleys,
thoughtheymight have deserved
them
by varying and revokingconfessions,
but I cannot
find
observed for,in both the earlier and later periods,
that this was
to

cases

as

have

we

seen

with

were

in which

numerous

reconciliation

was

accompanied
corporal punishments.1 On the other
absolute that reconciliation carwas
hand, althoughthe principle
ried
with it confiscation and perpetualprison,cases
sometimes
in which
these penalties
occur
were
lightened.In the Toledo
auto of November
nine reconciliations,
30, 1651, there were
in
which the accompanying punishments were
mostlytrivial in one
the sanbenito was
removed
case
immediatelyon return to the
Inquisition.2
almost a travestyon solemn religious
It seems
observances that
of the dead should be admitted to reconciliation but, as
effigies
the grave afforded no
this was
refugefrom the Inquisition,
a
of the system, when a defunct heretic had recanted
outcome
logical
with the Church.
and sought reincorporation
As he could not
be reconciled in person he had to be reconciled in effigy,
especially
these

"

the sentence

as

necessary

was

confiscation of his estate.

to secure

of a prisoner
only occasion of this was the death,duringtrial,
had
who
mental
confessed,professedconversion and received sacra-

The

absolution
be continued

on

his death-bed.

and result in

with it the solemn

necessarily
saw
Inquisition
people,and performing

and the
reconciliation,

in paradinghis image
incongruity

no

His trial would

farce

before the

of reconciliation.

There

was

instance in Majorca of three Judaizers,

inexplicable
festing
in 1678, after manihad died in prisonduring their trials,
not included
the necessary signsof repentance;they were

somewhat
who

in the autos
the two hundred and twelve reconciliations,
among
were
de fe of 1679, but, thirteen years afterwards,their effigies
reconciled in the auto of July 2, 1691 and no theologian
seems
their

condition during
spiritual
was
this prolongedinterval.3 This reconciliation in effigy,
not,
introduced
under
Llorente states,an innovation
PhilipIII,
as
for there was
instance
an
from the beginning,
but was
practised
to have

MSS.

of

himself what

was

Royal Library of Copenhagen, 218b? p.

336.

"

MSS.

of

Library

Halle,Yc. 20, T. I." Royal Library of Berlin,Qt. 9548.

Rojas de Hseret. P. i, n. 115-16." Bibl. nacional,MSS., S, 194,
pp. 113-14.
Garau, La Fee triunfante,

Univ.
2

asked

of

of

fol. 267.

PENALTIES

HARSHER

150

of it in Beatrix

[Boos

Sener, deceased,thus reconciled May

VII

2, 1499,

at Barcelona.1

Apparently the

of

age

limit in reconciliation.

M6ndez,

child of

12,

was
responsibility

In

the

Madrid

reconciled

was

only minimum
of 1632, Catalina

the

Auto

sanbenito

with

and

six

imprisonment. At Toledo, in 1659, Beatriz Jorje and

ciled;
Pereira,PortugueseJudaizers each ten years old,were recon-

months'
Ana

had

the former
sentenced

was

her sanbenito

removed
four

to confiscation and

at once; the latter

of prison.2
months

for the reconciled,

alleviation,
This
entitled to the fuero of the Inquisition.
as
were
penitents,
derived from the penitential
was
system of the Middle Ages,which
duringthe long series of
deprivedthe penitentof bearingarms
pected
imposed,and no one could be exyears for which penance was
it unless protectedby the Church
to assume
againsthis
stood in the placeof the Church,
In this the Inquisition
enemies.
its penitents
and cast its jurisdiction
over
during their term of
Reconciliation

broughtwith

it one

1501, we find a certain Pan Besante of Teruel,a

Ferdinand
had restored his confiscated
to whom
reconciliado,
persecutedand
property,complainingto the king that he was
and that the inquisimaltreated by his debtors and his neighbors,
tors,
In

penance.

he had

appealedfor protection,
neglectedto aid
to
him, whereupon Ferdinand promptly ordered them to come
the payment of his
his assistance,
to enforce,
by their officials,
So far was this carried
justclaims and to punishthe aggressors.3
had an advantage
that at Granada,in 1654, the reconciled penitents
in trade over
the faithful,
by claimingexemption from the
or
alcavala,
royaltax on sales. When the citizens complainedof
the fiscal of the tribunal admitted
this discrimination,
that the
to the royal
questionwas a difficultone; to subjectthe penitents
would give rise to great embarrassments,yet at the
jurisdiction
time the inquisitorial
same
jurisdiction
ought to be a punishment
to

and

not

whom

eagerness

reward.4

That

with which

it was

it was

reward

claimed

we

have

seen

from

the

by allwho could put forward

the slenderest pretext.

1

Hist.
Llorente,

(Col.de
2

Relation

hist,
3
4

Doc.

crit.

Art. 1, n. 15.
Cap. xxxvm,
Aragon, XXVIII, 146).

"

Carbonell

de Gest. Hseret.

de la C. de
del Auto

de

1632

(Bodleian Library,Arch.

Seld. i, 1)." Archive

nacional,Inquisitionde Toledo,Leg. 1.
Archive
de Simancas, Inquisition,
Lib. 1.
Ibidem, Inquisitionde Granada, Expedientesvaries,Leg. 2.

CHAP.

THE

HI]

PENITENTIAL

THE

Imprisonment for
the heretic

on

PRISON

PERPETUAL

151

PRISON.

life was

who, under

the penance
imposed by the canons
the persuasivemethods
of persecution,

It was
so
sought reconciliation to the Church.
decreed,indeed,
before the Inquisition
was
by pope and emperor
organized,and
enforced the laws.
that institution relentlessly
That the Spanish
Its expense,
Holy Office should acceptit was a matter of course.

however, had proved a

fourteenth

of tribulation in the thirteenth and

source

centuries,and

it

was

none

the

less

so

in

Spain for,

the confiscations and pecuniarypenances,

large as were
they
were
squanderedas fast as they accrued. In Torquemada's supplementary
Instructions
ordered

to

of

provide for the

December, 1484,
maintenance

the

receivers

are

of the

prisons,which
admitted their responsibility,1
shows that the sovereigns
but, in
the chronic financial disorder of the time,no regularprovision
made, either for their establishment or support. It is true
of Sarathat, in 1486, at the earnest request of the inquisitors
was

ordered the receiver to construct a perpetual

gossa, Ferdinand
but it is safe to assume
prison,in accordance with their desires,

prudentlypostponedreplyingto their inquiryas to the

the tribunal senof the captives.3In 1492, when
maintenance
tenced
it was
Brianda
de Bardaxl to five years'imprisonment,
to
of Saliana and this,in a few days, was
the tower
changed to the
of
of Santo Sepolcroin Saragossa.3In fact,for want
convent
reconciled penitents
the custom
was
generalof consigning
prisons,
to strongholds,
convents, or even to their own houses
hospitals,
the latter presumably being such shelter as friends or kindred
could afford to those who had been stripped
by confiscation. The
in view of the
Instructions of 1488, indeed,authorize inquisitors,
multitudes condemned
to perpetualimprisonment and the lack
their houses,where they
of prisons,
to the penitents
to designate
under the penalties
must confine themselves
providedby the laws.
that

he

"

But

this,it was

added, was

only meant

to be

temporary, and the

the
to order that,at each tribunal,
supplicated
receiver should providea largeenclosure with littlehuts and a
and could each work
could hear mass
chapel,where the prisoners

sovereignswere

1
2

ArgueUo, foL 19.

Archive
gen. de la C. de Aragon, Regist.3684, foL 102,
Biblioth"quenationale de France, fonds espagnol,80, foL
Vol.

I, Appendix,

p. 575."

See Vol
168-9.

I, p. 56*7.

CHAP.

PENITENTIAL

PRISON

153

due to any humanitarian impulses. It was simply

continuous effort to shirk the responsibility
of maintaining
those

reveals
a

TEE

Ill]

whose

not

were

and
property had been confiscated,

who

requiredby
to be incarcerated for life. The Inquisition
the canons
obtained
it inflictedon itsvictims disabilities,
the plunder,
which increased
of self-support,
it rendered
them
odious
enormously the difficulty
the sanbenito,
it was
to the populationby making them
wear
to provideprisonswhere
in duty bound
they could be immured
the community, but it neglected
and preventedfrom
infecting
told them that they might beg or starve.
this duty and virtually
That death by starvation,
is asserted
indeed,was not uncommon
of reform drawn
in the project
up, in 1518,by order of Charles V.
to have made
Stillthe tribunals seem
some
progress in providing
themselves with penitential
prisonsfor,in 1524, the Suprema
deemed

it worth

while to

order that

were

they should

monthly,and the resultsbe recorded in

book

be

inspected

to be

keptfor that
all had done so however.
Barcelona,
purpose.1 By no means
had found room
which occupiedthe royal palace,
there,in 1489,
de Quadras
and in 1544 we hear of Ger6nimo
for its penitents,
alcaide,on

as

for

back.

person

salary of fifty
ducats,out of which he

to conduct

Valencia

was

the

less

to
prisoners

advanced,

mass

and to

for it could

was

to pay

bringthem

have

had

no

to keep as a
prison in 1540, when it sentenced three women
to them, but in 1546
prisonsuch placeas should be designated
at a
de Quadras as alcaide,
it secured the services of Geronimo
salaryof thirtyducats. In 1550, however, he complainedthat
received his pay and,in 1554,we find the perpetual
he had never
prisonof Brianda de Garcete commuted to confinement in her
place,which would indicate that
own
house,or other designated
In 1553,
the attempt to establish a prisonhad been abandoned.2
to Juan Prebost,
Logrono apparentlyhad none, for it assigned,
with the sanbenito.3
around as a prison,
Bilbao and two leagues
tribunals there was
if in some
an
This need not surprise
us for,
In
it was
exceptional.
attempt to providea perpetualprison,
declared that it would be a novelty
1537 the Suprema had formally
this could not and
at the cost of the fisc;
to support the penitents
ought not to be done; there was no objectionto their performing
1

Archive

de Simancas,

Lib. 939, fol. 90.

Laquisicion,

Ibidem, Sala 40, Lib. 4, fol. 137, 202, 218." Archivo hist, naeional,
sicion de Valencia,Leg. 382.
4 Archivo
Sala 40, Lib. 4, foL 217,.
de Simancas, Inqulsicion,
2

HARSHER

154

their penance in their

it accordingly.A few
could

PENALTIES

[BOOK

VII

and the tribunals could arrange

the reconlater this was
ciled
repeated;

homes

own

months

be sent to their houses

to

perform their penance,

if

of support.1
they had no other means
At lengththe Instructions of 1561 endeavored to introduce some
ciliation
system in this scandalous state of things. The sentence of reconthe penitentto prisonand sanbenito for a
condemned
the abito publicly
to wear
term, during which he was
specified
to be confined in the perpetual
his other garments; he was
over
and sermon
on
Sundays and feast days,
prison,going to mass
and on
Saturdays performing certain devotions at a designated
the Instructions stated that,
shrine.2 To enforce this discipline
tribunals had no
as
perpetualprison,houses should be
many
of
bought for the purpose as, without them there were no means
The
knowing whether the reconciled performed their penance.
ials
alcaide should help them in their necessityby givingthem materand
to work at their trades and help to support themselves,
should visit the prisonseveral times a year.3 This
the inquisitors
effort to induce the tribunals
to have been followed by an
seems
to provideprisons,
for,in 1562,Toledo was taken to task for having
but demurred
It not only did not supply the deficiency
none.
that it should at least furnish a person to see
to the suggestion
that the penitents
performed their penance, and it was told that

for three

or

four thousand

maravedis

of extra

pay

the

portero

could attend to this.4

In 1570 the
much

needed

Suprema
reform.

resumed

the

attempt to bring about this

It told the tribunals that they could rent

houses until they should be able to

and theymust Appoint

purchase,
proper
persons as alcaides to keep watch dyer the penitents.5
The result of this pressure was
gradual. In 1577 the Cistercian
of Santa Fe, in Saragossa,
formal complaintto the
made
convent
of penitents
quarteredupon it,and Cardinal
pope of the number
the head of the Roman
Inquisition,
Savelli,
interposedwith the
Suprema to relieve it of this oppression.6It was not until 1598
that the Mexican
tribunal,
nearlythirty
years after its foundation,
1

2
3
*

8
8

Archive

Simancas, Inq.,Lib. 939, fol. 116, 119.

Garcia,Orden de Processar,fol. 34.
Instructions
de 1561, #? 79, 80 (Arguello,fol. 38).
Archivo
de Simancas, Inquisition,
Lib. 939, fol. 116.
MSS. of Royal Library of Copenhagen, 213 fol.,
p. Ill, 141.
Bibl national,MSS., D, 118, fol. 108, n. 38.
Pablo

de

CHAP.

Ill]

built

THE

PRISON

its
capaciousprisonadjoining
first time, there

for the

"careel

PENITENTIAL

de la

one
erecting

at

is

an

155

structure.1

own

allusion in the Toledo

In

1600,

record

to

penitencia"
and, in 1609, Valencia was
busy in
it had been planned to have
a cost of 5110
libras;

floors,but was
economically reduced to two.2 Whether
all the tribunals yieldedto the pressure and established penitential
to say, but they probably did so,
prisonsit would be impossible
if only in some
fashion that justified
the appointment
perfunctory

three

of

alcaide.

an

the

with
Simultaneously

and

name,

or
penitencia

the carcel perpetua

this there

was

known

came

the

as

change in
de la

casa

de la misericordia.

It does not follow that the establishment of

attended
was
prisons
with any increased strictnessof discipline.
The Inquisition
sistently
perrefused to accept the burden of supporting
its prisoners
and left them
to shift for themselves.
Where
prisonsexisted
few penitents
in them, although condemnations
there were
to
imprisonment were
frequentand, in 1641, PhilipIV conceived
them all. The Suprema sent his decree to
the idea of liberating
the tribunals with orders to
and

what

one,

were

their cases, to which

the sentence

royalprojectfell through.

The

and

that of Valencia

as

any

prisoners

Valencia

repliedthat it had
persistent
sorcery, whereupon the Suprema
and the prisoner
charged.
to be commuted
to be dis-

imprisonedfor

ordered

reportwhether they had

discussion

All

prisonswere not as empty

in 1654,at Granada,
occurring,

alreadybeen mader illustratesthe character

of the imprisonmentrendered necessary by the refusal to support
allusion has

to which

by hawking goods
prisoners.They gainedtheir livingchiefly
the
aroused
the
and the
this
at
around
city;
shopkeepers,
length
to the tribunal that scandals were
sioned
occarepresented
corregidor
there
houses and committingindecencies;
by their entering
not subjectto
loss to the king for,as penitents,
they were
was
the

the alcavala and

1
2

other

Obregon, Mexico
MSS.

of

imposts;thus favored they undersold

viejo,le Serie,p.

Library of

Univ.

of

the

193.

Halle,Yc, 20, T.

L"

MSB.

of Elkan

N. Adler

Esq.
.

Valencia alreadyhad

Nicolas

Moors,

prisonof

del Rio, in 1606, in

who

live there

sort,of evil repute,as

set forth

by Fray
a
prisonersare all
Suprema.
all women
there
in the full enjoyment of their religion;
be
in
Los
it.
no
that they can
placed
Boronat,
longer
a

some

memorial-

to the

The

debauched, so
Moriscos espafioles,
II, 449.
s Archive
de Valencia,Leg. 9, n. 2, fol. 71, 78.
hist, national,Inquisition

become

"

PENALTIES

HARSHER

156

who
shopkeepers,

VII

lost half of their

had

rich,for they came

short time,they

grew
in a

[Boos

trade,while the penitents

from the secret prisonand,

almost naked

well clothed and

were

admitted the force of this and, on

enriched.

December

The

bunal
tri-

24,1654,issued

that,for two weeks,they might cry their wares throughthe

be restricted to
streets,but not enter houses, and subsequently
of
in shops. At this the prisoners
complained bitterly
selling
order

an

the

of
deprivation

in
of longstanding
privilege

all placeswhere

they could not earn a living

Doctor
Thereupon the fiscal,
or support their wives and families.
Joseph Francisco Cresco de Escobar, seeingthat both sides would
there

the

appealto
which
He

tribunal,for

was

it

its

Suprema, printedfor

reveals to

states

without

us

of

the character

that,in accordance

a memorial
enlightenment
penitential
imprisonment.

with the Instructions of

1488, the

the one
at Granada
prisons,
provided penitential
ample capacityfor the observance of the Instructions of

tribunals had

being of
1561.

He

quotes the

canons

and

conciliar decrees to show

that

whence
he argues
life,
that the prisonshould be afflictiveand penal. Now, however,it
is only nominal; the so-called prisoners
go out at all hours of the
without
a
companion, without labor
day, without restriction,
what they voluntarily
and
save
undertake,all of which is liberty
at will throughthe cityand suburbs,
not captivity.They wander
themselves at the houses of their friends,
they amuse
they spend,
if they choose,only part of the nightin the prison,
which serves
free of rent.
The Instructhem as a comfortable lodging-house,
tions
requirethat the alcaide shall see that they perform their
and there are no means
impossible,
penance, but this has become
their intercourse with the faithful. As for their plea
of restricting
that they leave the secret prisonbroken in health and stripped
of

recantingheretics

are

to be immured

for

their

property,that they have no chance to learn trades and must

the answer
is that onlythrough
support their families by trading,
the mercy
of the Holy Office do they escape burning,and they
should

be thankful

that their lives

spared;their poverty
their children onlyshare

are

is

and
the
trifling
penaltyfor their crimes,
punishment of paternalheresy.1
With all this laxity,
there was
a
pretenceof maintainingthe
old rigor,
which regardedprison-breaking
but the real
as relapse,
offence layin the fugitive
throwingoff the sanbenito. There seems
"

Archive

de

Simancas, Inquisitionde Granada,Expedientesvaries,Leg. 2.

THE

Ill]

CHAP.

to have

PENITENTIAL

PRISON

157

littledesire to recapture those who absented

for the formula of the mandate
to search for and
been

selves,
themarrest

itselfwith those who escape from the secret

only concerns
fugitives
but when from any cause
prisonand who thus are stillon trial,1
returned to the tribunal,
their treatment
were
is exempenitents
plified
in the case of Juan Gonzalez,who escaped from the casa
de la penitencia
of Valladolid,
His story was
July 3, 1645.
that,
collect
out
to
due
to
some
he
having gone
him,
money
gambled
it away, got drunk,went to sleepunder the walls of the Carmelite
convent in the suburbs and, on awaking next morning and fearing
punishment,he wandered away, throwing off the sanbenito and
Thus he reached Irun and designedpassinginto
seeking work.
France, but was recognizedby a priestwho had seen him in

Valladolid;he

passed from
prisonof

was

handed

to

over

the

familiar to familiar tillhe

Valladolid.

off the sanbenito

The

fiscalclaimed

proved him

relapsedinto Judaism

to be

who

commissioner

and

was

lodgedin the secret

that his flight
and throwing
an
impenitentand pertinacious

was

be

must

relaxed,but his

tence
sen-

only two hundred lashes and irremissible prison.2

Sentences to imprisonment continued
as
usual, but growing
indifference as to providingfor their execution is indicated by a
correspondence between Barcelona and the Suprema in 1718.
was

At that time

the tribunal had

but four

cases

under

it still
trial;

royal palacebut, after it had condemned

and her daughter
Maria
Meneses
to irremissible,
for Judaism
it did not know what to do
Catalina de Solis,
to perpetual
prison,
with them and appliedfor instructions. There was, it said,no
penitential
prisonnor could it find that there ever had been one,
house that could be
neither was
there an alcaide;it possessed
no
used for the purpose, and no officialcould be spared from his
other duties. The Suprema replied
by inquiringwhether there
could be used for the
a room
was
a prisonfor familiars in which
littlehouse near the palacecould be had
or whether
some
women,
occupied the

and

ancient

officialor familiar could

some

serve

rejoinednegativingthe proposeduse
it would
money

see

for the

and
occupied

Modo

no

de

Archive

alcaide.

of the

The

tribunal

prison for familiars;

had, but there was no

all fully
they were
purpose; as for the officials,
without salary. This
would take the position
one

whether

house

could

as

be

MSS., D, 122).
Proceder,fol. 74 (Bibl.national,
de Simancas, Inquisicion,
Leg. 552, fol. 33-

HARSHER

1 58

the

Suprema

and

met

kind of

[BOOK

peremptory order

alcaide at the

appointan
some

with

PENALTIES

to rent

have

been

Under

made

January 31, 1723, the tribunal condemned

of

littlehouse

this sure
presfor,in an auto

ordinarywages.

must
provision

VII

four Judaizers

to

irremissible prison.1

During

condemnations

of

number

Granada

recrudescence

the

of

auto

to

21, 1720, there were twenty-seven

between 1721 and 1727, there were
seven

December

autos
and,in sixty-four
and forty.2 How
hundred

these

and,
progressive

prisonswas
about

1750,but

and

Murcia.3

three

in the

had

tential
peni-

of all the tribunals,

census

prisonersand

no

modated
accom-

the

"

Cordova,

follow that others had

not

instance,in 1794, when

For

were
prisoners
of
the neglect

reportedto have alcaides

It does

but only that they

prisons,
none.

numerous

be difficultto guess, for

it would

Granada

persecutionat this period,the

imprisonment was large;in the

of

the

not

cared to have

Suprema

inquiredof
nandez
priestJuan Fer-

prisonwould suit for the

Sotelo,whose health requireda change from the convent
the tribunal craftily
where he was recluded,
repliedthat its prison
constructed with cells and dungeons and that,in the eyes of
was
in it produced infamy, so that quarters
the people,confinement
its

Valencia whether

for Sotelo had

better be found

in

some

in the suburbs.

convent

Apparentlyit forgotall this when, in 1802,it complainedthat

salaries of its secretaries had
of the alcaide of the
a

hundred

had
as

and

fact,by

obsolete.

raised in

penitential
prisonhad

of the

this time

1795, while that

been

increased from

inquisitors.4
imprisonmentwas
penitential

After the subsidence

the Toledo

been

twenty to twenty-two hundred reales,

althoughhe
do, and enjoyed the use of a house in the prison

nothingto
good as those

In

not

the

virtually

of the active

ism,
persecutionof Judatribunal which, in 1738,pronounced twelve sentences

prison,did not utter another until 1756. Then a long

interval occurs, of thirty-eight
years, before the next one, which
It would not, perhaps,be safe
for heretical propositions.5
was
this form
to say that,in the concludingyears of the Inquisition,
of

Archive

de

Sala 39,Leg. 4, fol.80.

Simancas,Inquisition,

"

Royal Library of

Berlin,Qt. 9548.
3
Bibl. national,MSS., Bb, 122." Royal Library of Berlin,Qt. 9548.
3 Archivo
de Corte,Leg. 359, fol. 1.
de Simancas, Inquisicion
*
hist,
Archivo
national,Inquisicion de Valencia,Leg, 4, n. 3, fol, 84, 260,
5
"JeToledo, Leg. 1.
Ibidem, Inquisicion

DURATION

Ill]

CHAP.

punishment was

of

under

the

was

in its

as

IMPRISONMENT

whollyunknown,

but

159

no

of it have

cases

come

observation.

my

There

OF

severity,
owing presumably
As

motive.

reduction in the duration

same

we

have

to

seen, the medieval

imprisonment as
lifelong

the

of
same

Church

imprisonment
economical

recognizedonly

the

penalty for the heretic who

fitting
saved his forfeited life by recantation and, in recognition
of this,
the penitential
known
the perprisonin Spain was officially
as
petual
for
sentences
the
prison,
beingalways
perpetualimprisonment.
At a very earlyperiod,
it
however, was clearly
recognized
the
literal enforcement
of this was
that
a
physicalimpossibility.
Bernaldez tells us that in Seville,
up to 1488, there had been five
thousand
reconciled and condemned
to perpetualimprisonment,
but

they w

released after four

ere

or

five years with sanbenitos and

subsequentlyremoved to prevent the spread of infamy

throughoutthe land.1 At Barcelona the tribunal had scarce been
when we find it drawing a distinction in its sentences
established,
misericordia and
to perpetualimprisonment,some
being cum
the so-called "irrethus anticipating
others dbsquemisericordia
the sentences
missible;; perpetual prison and from
it would
mercy" was exceptional.2
appear that "without
the part of the
This inevitable laxityprovoked opposition
on
more
rigidauthorities and, in 1509, while Ximenes was in Oran,
there was
discussion on the subjectin the Suprema, when we
a
told that his temporary representative,
are
Eojas Archbishop of
What was the
Granada, stood alone againstthe other members.3
nature of the decision is not recorded,but it probablyfavored the
and the Suprema, in 1516, deemed
it
laxer view, for Ximenes
to order that-all sentences to prisonand sanbenito must
necessary
with the canon
in accordance
be perpetual,
law; if,in any case,
the inquisitors
thought there should be a remission it must be
left to the discretion of the inquisitor-general.4
these

were

"

"

The

tendency to shorten the term was

had to yieldand, by the middle

Simancas
1
2

Historia

tellsus

de

Cat61icos,
cap.

Gest/Hseret.
(Col.de

18-19, 33, 35, 62)." Manuel

de novells

Bibl. nacional,MBS., G, 61, foL 208.

Archive

Simancas,

century,

defined to
customarily

de la C. de

Aragon, XXVTH,

Ardits,III, 69, 70,

atives
conserv-

xliv.

Doc.

de

of the sixteenth

perpetual
prisonwas

that

de los Reyes

Carbonell

the
irresistible;

Lib.
Inquisition,

933.

14,

CHAP.

Ill]

tion

DURATION

it must
specified,

was

mandate

OF

that

had

IMPRISONMENT

161

alone be that of the

inquisitor-genera

repeated more

once,

to be

than

even

as

late

1592.1

as

The

question of this,as of all other commutations,was

ably
inevithave seen, in favor of the inquisitor-general
as
we
settled,

In many
affair of
it

there

cases

bargainand

was

concealment

no

it is

sale,but

prompted by humanity.

was

the penance
and
were
numerous
of the greater feasts,
which are
in addition to the

petitions
may
with

her

misery of

be mentioned

husband

March

the

Duarte

1664.

After

that

it

pleasantto record

Petitions for

usuallysent
allegedas a reason

penitent. As

an

of Violante

case

Valentin,was

that

often

abridgement of
in at the time

were

the

purely an

was

for mercy,
example of these

Rodriguezwho,

arrested

for Judaism

she was
15,
a
sentenced
years'trial,
Granada, February 24, 1667,to two years'imprisonment,
while

at

husband

her
10th

three

sentenced
similarly

was

at Cuenca.

About

August

she

that she had eight

petitionedfor commutation, alleging
littlechildren,
deprived of both parents. The Suprema promptly
sent to Granada

for the details of the case, but the tribunal delayed

until October 8th, when
it accompanied its report with the suggestion
that she should be released with spiritual
after
penances

of the firstyear, as she had manifested true repenexpiration

tance.
December
she
on
24th,
againpetitioned
Growing impatient,
thus
the Suprema, alludingto her seven
children,
showing that
she was
died. That
meanwhile
had
duly dischargedin
one
respondence
February there can be no doubt, and there is no trace in the corconsideration.
Some of the petitions
of any pecuniary
well calculated to inspire
in truth,were
for release,
compassion,
the

such

that of Simon

as

himself

infirmities and

many

he

84 years

as

Soto,in 1666, wherein he describes

old,blind,deaf, crippledon both sides with

may
There

Mendez

and
penniless,

he

release
supplicates

that

seek for cure.2

would

short of
for Judaism

appear

to have

been

no

The
irresponsibility.

Garcia

son

of Pedro

the

minimum
Toledo

age for

ment
imprison-

tribunal condemned

potterof Aguda, a boy

eleven

of age, to perpetual
prison. In the Cuenca auto of June 29,
Escolastica G6mez, aged 12 and Isavel
1654,for the same offence,

years

1
2

for

de Valencia,Leg. 382; Leg. 5, n. 1, fol. 352.

hist, national,Inquisicion
Archive- de Simancas, Inquisition,
Leg. 1183, fol. 14, 30. See Appendix

Archive

specimen
VOL.

in

of

letter of commutation.
11

Jorje,aged 14

Diaz

the

had

same

irremissibie

boy of

16

the Toledo

was

VII

auto

sentenced to

prison.1
SANBENITO.

THE

The

penaltyand, in

30, 1701, Jos6 de Leon,

of October

[BOOK

PENALTIES

HARSHER

162

sanbenito,or penitential
garment, was

the invariable

paniment
accom-

togetherthe
prison,constituting
not exclusively
"earcel y abito" of the sentences,althoughit was
It was not invented by the SpanishInquireserved for such cases.
sition,
even
though we can scarce agree with an enthusiastic writer,
God made the delinquents
who traces its originto the Fall,when
with the sacos
habits of skins,corresponding
put on penitential
of reconciliation and

lenditos
The

in the tribunals.2

used

now

habit
penitential
in the

of sackcloth

early Church,

has

tomary
sprinkledwith ashes, cus-

passed into

proverb. That

should be requiredto wear

such
Inquisition
tution,
a
garment was inevitable and, from the foundation of the instifrom
in the thirteenth century, they were
distinguished
other penitents
by two yellow crosses, one on the breast and the
From
other on the back.
Eymerich we learn that in Aragon this
like the scapular worn
Orders.3
by the religious
garment was
of
penitents

the

This

saco

bmdito

dbito and

the

the sanbenito or, more

monly,
cominherited by the new
Inquisition.
necessarily

became
was

1486, at the Toledo

In

auto

reconciled under
in

publicsuch
those

For

known

after

tents,
llth,two hundred peniof Grace, were
requiredto wear
year, under penaltyof r'elapse.4

of December

the Edict

garment

reconciled

as

for

the infliction was

trial,

more

severe.

during life
1490, Torquemada ordered that they should wear
inches long and nine
a saribenitillo of black or gray
cloth,eighteen
inches wide, like a small tabard, hanging on breast and back,
with a red cross
before and behind, occupyingnearly the entire
field. This was
hung over the outer garment, and was a conIn

Archive

hist,national,
de Toledo,Leg, 262,n. 4; Ibidem,Leg. 1.
Inquisition
"

Bibl.

national,MSS., S, 294, fol. 375.

Trasmiera, Vida de Pedro Arbues, p. 44 (Madrid,1664).
3
Eymerici Director. P. in, n. 175. Notwithstandingthis ancient use in Aragon,
the inquisitors
of Saragossa reported,in 1530,to the Suprema that it had never
been the custom
there for the reconciled to wear
the
the sanbenito,to which
Suprema repliedthat it was the general practiceof the Inquisitionand that
Aragon must conform to it. Archivo de Simancas, Inquisition,
Lib. 76, fol.312.
4
Relation de la InquisitionToledana (Boletin,
XI, 303),
2

"

CHAP.

Ill]

THE

SANBENITO

163

spicuousindication to all beholders of the shame of the wearer,

renderingit a punishment regardedas exceedinglysevere.1 In
1514, Ximenes changed the cross to an aspa de San Andrte, a St.
Andrew's
or obliquecross, of which
the bars traversed diagonally
the breast and back.2
Finallythe Instructions of 1561 describe
the abito penitential
of yellow linen or cloth,
as made
with two
red aspas, althoughin some
of
parts
Aragon there are particular
colors
to
which
customs
as
must be observed
referring
probably
of
to the use
which seems
green cloth in placeof yellow,
to have
in Valencia and Sicily.3
been the case
In some
tribunals there
also in use, for those who abjured de vehementi,
was
a sanbenito
de media aspa, or half cross, consisting
of a single
diagonalband.
"

who

Those

were

to

black

be

relaxed

appeared in the

auto

de fe in

sanbenito,on
were
paintedflames and sometimes
demons
thrustingthe heretic into hell4 Llorente tells us that
de levi was
abjuration
performedin a zamarra, or yellowsanbenito
which

without aspas, but I have met with no allusion to its use.5 The
the sanbenito de dos aspas and the one
de
distinction between
media

was

aspa

indicate that the

and

he
and

maintained,and
wearer

his children

that he

was

were

had

the former

understood

was

to

been guiltyof formal

the

subjectto

liableto the stake in

case

heresy,that
consequent disabilities,
of relapse.The latter
,

fe,after which it was laid aside."

Although,in the earlyperiod,the sanbenito was imposed perpetually,
is to be taken in the same
the expression
sense
as imprisoiXthe
coterminous
and
t
he
sentences are
two were
As a rule,
ment.
"habit and prisonfor two years,"or perpetual
almost invariably
be. Where, indeed,the heresy
irremissible as the case may
or
only duringthe

worn

was

auto

de

real,or the conversion seemed

genuineand spontaneous,the sanbenito was merely a symbol, to be
although
only duringthe auto, or even for a briefer period,
worn
trivial or technical rather than

was

it

the less left its ineffaceable

none

suited to every case,

as

stigma.

There

were

is well illustratedin the Granada

MSS.

of

hist, nacional,

P"ramo, p. 42.
Llorente, Anales, II, 39.

nacional,MSS., S, 294, fol. 375; Bb,

Copenhagen,218b, p. 327.
8

auto

Lib. 939, fol. 117.

de Simancas, Inquisicion,

ArcMvo

Royal Library of Copenhagen,218b, p. 256.

Instracciones de 1561, ? 41 (ArgueUo, fol. 33-4)." Archive
Inquisicionde Valencia,Leg. 30, 31, 375, 382.
2

tions
grada-

Bibl.

122."

MSS.

of

Royal Library

of

of

removed

cases, it was

May 27, 1593,where, in three

the sentence, in two, after

[BOOK

PENALTIES

HARSHER

returningto

VII

reading
in two,
Inquisition,

the

after

the Licentiate Juan

twenty-fourhours (one of these being
in one case it
years),
Ferndndez, who had Judaized for thirty-six
for three,and Leonor
imposedfor two years and in another
was
and four of prison. It
Fernandez had two years of sanbenito
Inez de T6rres,from which
of Dona
even
put on the effigy

after

was

fessed
readingthe sentence,because she had conof contrition.1
and died as a Catholic,with ample signs
and
at its discretion,
the tribunal could vary the penalty

Thus

not bound

was

after

removed

it was

Toledo

to the rule of

of March

auto

coterminous aUto

y carcel

In the

of 14,Manuela
15,1722,two girls

Diaz and

of

and

months

prison
sentenced to six
Mendoza, were
of sanbenito,while in that of February 24, 1723,
months
de

Maria
two

Ximenes

Manuel

the fact

From

had

prisonand
perpetual

one

year of sanbenito.2

are told that

that,in the sentences,the penitents

their houses

without the

they are not to go out of their prisonsor

carding
within doors. Disnot worn
it is inferable that it was
sanbenito,
it,as we have seen, was a grave offence,punishableas
ciation
non-fulfilment of penance and,in the Edicts of Faith,the denunrequired. There was
was
of this,as of other infractions,
occasion,however, in which this was done on a largescale
the Inquiof 1516 against
$rithimpunity,for in the Palermo rising
When
there was
a universal throwing off of sanbenitos.
3irition,
there was
o^der was restored and the tribunal was re-established,
In 1522 the Suprema
/" fruitlesseffort made to reimposethem.
one

wrote
a

as

the

to

Calvete
Inquisitors

and

must

this

authorities
ecclesiastical

secular and

attention to
calling

heavy charge on the souls of

be compelledto resume
them, and all

great disserviceto God and

who
penitents,

Cervera

were

commanded

to assist.

Manrique insisted on the

again,in 1525, Inquisitor-general
time he cautioned
but at the same
resumptionof the sanbenitos,
and we may assume
scandal or trouble,
not to cause
the inquisitors
abandoned.3
that the attempt was
practically
Then

Cruel

was

as

the

inherited from
invented
*
2

stillmore

the elder

it was
a punishment
sanbenito,
but Spanishingenuity
Inquisition,

cruel

of it to stimulate the detestation of

of
imposition

use

the

nacional,MSS., G, 50, fol. 248-9.

de Toledo,Leg. 1.
hist, nacional,
Inquisicion
Lib.
936; Lib. 73, fol.315.
Archive de Simancas, Inquisicion,
Bibl.

Archive

SA.NJBENITOS

Ill]

CHAP.

heresy. This

CHURCHES

IN

165

the

of the sanbenitos,
with suitable
preservation
in the churches,thus perpetinscriptions,
conspicuously
displayed
uating
to future generations
the memory
of the crime and punishment
of

was

the

delinquent.The

originof

this may

perhaps be
traceable to the ceremonies
observed in the early period,when
in 1490, at
penitentswere relieved of the dbito. As described,
and preached
Barcelona,they were assembled in the Inquisition
the
to by
inquisitor.A fortnightlater they gathered in the
parishchurch of Santa Maria del Pino and heard mass; then they
in procession
marched
to the chapel of Our Lady of Monserrat,
againheard mass, offered twelve dineros apieceto the Virgin,and
passedthe night,after which their sanbenitos were taken off and
hung in a prominent placenear the door.1 Of course, in the case
of those who were
burnt,the sanbenito was hung up at once, and
the rule,as
this remained
learn from the Instructions of
we
the sanbenito of the reconciled was
1561
moved,
hung when it was rewhether
the
of
after
auto
that
of
or
during
prison;
years
the relaxed,
immediately after the auto.2
The
have been of gradualgrowth. There is no
custom
must
"

allusion to it in the Instrucciones antiquas,nor

indication
in

as

to the time

1512, there is

the

king and

when

have

I found

decision of the

imperativeexcept that,
the will of
Suprema expressing

the cardinal that the sanbenitos of the relaxed

reconciled of the

de Calatrava

Campo

any

it became

shall be

in the

churches,
Grace, and that,

hung

the Time

and

except those of the reconciled

in

if any of the latter have been

This indicates a custom
favored

hung, they are to be removed.3

but
spreading,
by the authorities,

of

where
yet subjectto question. It had alreadypassed to Sicily,
the tearingdown
of the incidents of the risingof 1516 was
one
the popular
of the sanbenitos in the churches,and so great was
detestation of it that,at the end of the century, it had not been

as

to
possible

restore the

It mattered

victims

in the
which

practice.4

littleto the descendants

lists .of all burnt

CarboneU

Instrucciones

or

even
reconciled,

to make

under

from their records

Edicts

of

Grace, and

(Col.de Doc. de la C. de Aragon, XXVTII,

fol. 38).
(Arguello,
Lib. 939, fol. 117.
Archivo de Simancas, Inquisition,
203.
Paramo, pp. 42-3,

of the

earlyyears had escapedthis publicity.The perversity

inspiredit developed into such malignitythat,in

1532,the Suprema ordered the tribunals

that the sanbenitos

de Gest. Hseret.

de 1561, ? 81

60-1).

HAESHER

166

PENALTIES

[BOOK

VII

suspend in the churches whatever sanbenitos were found to

the voluntary
be lacking. The inexcusable crueltyof including
reconciliados under Edicts of Grace caused this portionof the
declared inaporder to be revoked in 1538,but, in 1539,this was
plicable

to

to those which

had

alreadybeen hung

"

if they had

been

in
removed, they must be replaced. The questionwas revived,
but the decision to retain them
1552, and opinionswere divided,
bunals
prevailed.Meanwhile,in 1548, the Suprema stimulated the trifrom
arising

whether
to fillall vacancies,
removal
surreptitious
ones

new

as

soon

as

of

old ones, and

the autos

were

omissions

it ordered

held,in

or

the

the

order

hanging of
to anticipate

of the sufferers and their kindred.

pomplaintsand importunities
Then, as though the tribunals were slack in their duty,in 1555 the
order of 1532 was
revived and repeated.1The wilful viciousness
of this isindicated by the Instructions of 1561,which pointout that,
of Grace are exempt from wearingthe
as those reconciled in Time
their sanbenitos ought not to be suspendedin the
so
sanbenito,
the

churches.2
the infamy of the
objectwas the cruel one of perpetuating
victim and renderingit as galling
to his kindred and
as
possible
The

descendants.

As

the

sanbenitos

became

illegible
finally
supersededby yellow
time,they were
of
full
the
crime and
details
linen cloths,
lineage,
bearing
name,
they were
hung in the
punishment of the culprit.3Originally
cathedral of the cityof the Inquisition,
but this did not bringthe
close to the descendants and, in some
disgracesufficiently
places
the
ordered
be
churches
transferred
at least,
to
to
were
they
parish
whose infamy was
of the delinquents,
thus kept alive in the memory
instance
A
of their neighbors.
will illustratethe spirit
single
this. In 1519 the Suprema ordered this transfer made
actuating
was
by the tribunal of Cuenca, but the command
slacklyobeyed
and was
repeatedin 1529. Then the descendants of Lope de
Leon
Alvar Hernandez
and
de Leon, residents of Belmonte,
the Suprema, sayingthat the wives of Lope and Alvar
petitioned
had been reconciled;
they were natives of Quintanar,where they
had committed
their heresy,and the descendants now
begged
that the sanbenitos be hung in the church of Quintanar and not
of Belmonte.
To this the Suprema replied,
April 15, 1529, by
2
8

Archive

out

or

and
replaced,

with

wore

Lib. 942, fol. 15, 20; Lib. 939, fol.

Simancas, Inquisition,
fol. 38).
Instrucciones de 1561, ? 81 (Arguello,
42-3,"
Llorente,Afiales,
Paramo, pp.
II, 41."Bibl. national,MSS., ",
de

117,

121.

8AXBJENIT08

Ill]

CHAP.

the
instructing
the

CHURCHES

167

tribunal to

descendants,in

of the

IN

hang the sanbenitos

placeso publicthat the

9th the sanbenitos

November

distribution cannot

policyof

This

the Toledo

accumulation
if it

of the

of

came

women

1548, when,

hung

were

in the

of Belmonte.1

church

when

reconciliation of

should be notorious to all. It is true that the descendants

women

secured delay until the pressingorders

on

in the residence

of

cathedral

have

desired to be

been

universal

relieved of the

for,
great

the Suprema forbade it,adding that

sanbenitos,

desired to have

in the

them

parishchurches it must be
in the cathedral.
done with new
At
ones, leavingthe originals
i
n
the
and
Yanez
inquisitors
length, 1538,
Loaysa distributedthem
the parishchurches,when
Sebastian cle Orozco tells us
among
that it caused infinite misery to the descendants,
leadingthem
all or nearly all to change their familynames,
that in Toledo
so
the names
actuallyborne by the Converses disappeared.2
not the only device resorted to by the
was
Change of name
for they were
constantlyat work removing surrepdescendants,
titiously
was

the

Saragossatribunal
who

had

zeal

was

of their

evidence
was

abstracted
stimulated

them

infamy. As

ordered
from

by the fact

to
the

early as

prosecute with
Dominican

that the

1518, the

rigorthose

church.3

Then-

in making
inquisitors,

up

had

been reconciled under Edicts

records,included all who
of Grace, thus affording
as shown
legitimate
ground of complaint,
mirez,
by a long-continued
struggleat Frejenal. In 1556, Doctor Rato the Suprema againstthe
of Llerena,protested
Inquisitor
of the names
of
efforts of the peopleof Frejenalfor the removal
those reconciled in Time of Grace; it would leave but few for,in
reconciliations
1491, there had been three hundred and fifty-seven
had been under the
there,of which three hundred and fifty-four
accessible to the public,
Edict.
To render ancestral infamy more
and details were
inscribed on
the names
besides the sanbenitos,
torn
and nearly illegible
tablet of parchment. This became
a
and, on August 23, 1563, it was solemnly replacedby another,
with printer's
written in largeletters,
ink,and varnished to insure
its preservation.The secret warfare waged against this perpetuation
in 1572,in a deposition
of the
of infamy is described,

the

1
2

Fray Luis de Leon

Proceso

contra

Archive

de Simancas,

XI, 309.
8

Boletin,XV,

340.

(Col. de Doc.

ined.,x, 165-8).

Lib. 72, fol. 30; Lib. 939, foL 117."

Inquisicion,

Boletin,

CHAP.

SANBENITOS

Ill]

Mendoza

had

reached

IN

Granada.

It

transferred to the church

while those of the Judaizers

which
there

which

the

were

The

learned

that

allowed

and

sacristans

they had

been

It made

an

the results.

fallen

investigation
and,

from

as

infamy, the Suprema

of

when

though every available spot was thus

that all requiredattention for their preservation.
promisedto do what was necessary, but apparently
quitewillingto see them disappear.2
seem

effort of those interested to make

duty

Santiago,

cathedral had

Conscious of this ecclesiastical indifference and

their

of

Even
Inquisition.1

of those in the

some

to lie.

report,it would

decorated

of the

in the church

antagonism,there was apt to be neglect

more
practically
damaging. In 1642, the Valencia

was

tribunal

parish church

Salvador,in the Albaycin,

hung

were

with great
of the Moriscos

this open

not

was

and

the

was

sanbenitos

of San

169

celebrated

was

and ringingof bells;the

rejoicings
were

CHUECHES

The

hanging

was

way

sanbenitos

new

with the visible records of

incessantlyactive

Instructions of 1561
the

of the constant

to

counteract

insist imperatively
on
and

the

renewing the old,so

shall be preserved
ever,
for-

that the memory

of the infamy of heretics
and inquisitors
their visitationsare
on

commanded

to

see

kept with unbroken lines of the

mantetas
parishioners.3
PhilipII was
y insinias of their culprit
less urgent. In his instructions of 1595 to Manrique de Lara,
no
there are sanbenitos now
attention to the subject;
he calls special
been hung, apparently
to be hung and others which have never
deserve rigorous
through favoritism,for which the inquisitors
punishment,for this is the severest penaltywhich the Holy Office
inflicton heretics and their descendants,and Manrique is to
can
that all deficienciesare made
good.4
see
in visiting
business of the inquisitor
In fact,the most pressing
his district was
to attend to this. In 1569 the Suprema ordered
to have full listsmade out of the relaxed
every one, before starting,
and reconciled of the regionto be traversed and, in each place,
sanbenitos and
these listswere
to be compared with the existing
to be replaced. In 1600 and 1607
all that had disappeared
were
these instructions were
repeatedwith stillgreater urgency, as
for a single
day, in view of the evils
a matter not to be neglected

that the

parishchurches

Pedraza, Hist,

Archive

8
4

are

eccles. de

Granada,

Lib. iv, cap. 37.

nacional,Inquisicion de Valencia,Leg. 2,
Instrucciones de 1561, " 81 (ArgueUo, fol. 38).
Lib. 939, fol. 272.
de Simancas, Inquisicion,
Archive
hist,

fol. 89.

170

with this

piousduty

is

to be allowed to interfere

nothingwas

follow.1 That

that would

had

Valencia

when

seen

defray the expense of renewals and

to

VII

[Boos

PENALTIES

HARSHEE

with
where-

money

no

it

told to borrow

was

the sacred deposits

pretendientes
which were thus used to
of those seekingto prove their limpieza,
that might destroytheir hopes.2
preserve the muniments
How, in fact,the sanbenitos were employed for this purpose is
conducted at Tortosa,in 1577,by the
indicated in a perquisition
ined
examcarefully
Juan de Zuiiiga.The sanbenitos were
inquisitor,
into those of which
made out,classifiedfirstly
and listswere

from

Depositariode

the

los

"

those of which

the trials could be identifiedand

be found
Then

of the oldest residents

the listswere

taken

as

gone
the
descendants
to

notary and

"

summoned;
was

inflicted.
records,and secondlyinto the penalties

in the

two

could

trace

no

with them

over

of the

priest were

"

and their evidence

whether
especially
culprits,

as to elude disabilities.
so
changed their names
close watch was
a
kept on them and every care was taken
the infamy of their ancestors should be lasting.3

Thus

had

any

the

As

seventeenth

century

wore

on,

general carta aeordada

in

their
calling

held,and
had

commanded

as

not

it was
been

In view

of the

import.

to make

to have

churches,as well

out.

was

sequent
to sub-

autos de fe had

recently
the sanbenitos
places,

As many

as

out

were

lists of the relaxed and

the

correspondingsanbenitos suspended in
to renew

the old

ones

which

were

worn

importance of this to the service of God,

was
requiredto be furnished
imperatively

full report in detail

within four months.
This
a

and

understood that,in some

hung in the churches,the tribunals

forthwith

reconciled,and
the

of sanbenitos

attention to the Instructions of 1561

orders of similar
been

of

that the

seem

flagging.
February 27, 1657, assumes
this,

zeal of the tribunals in the matter

A

it would

that

may

have

excited the tribunals to

spasmodicactivity
but, if so, its influence was but temporary for,
in 1691, we find the Suprema ordering
reportsas to the lengthof
time that had elapsedsince sanbenitos had ceased to be hung
in the

churches;listsof deficiencies were

were

to be examined

and

statements

Archivo

de Simancas

Archivo

hist, nacional,Inquisicion
de

Ibidem, Leg.

98.

called
were

for;the old

benitos
san-

to be rendered

Inq.,Lib. 939, fol. 144; Lib. 942, fol. 20.

Valencia,Leg. 11, n. 1, fol. 65.

CHAP.

Ill]

SANBENITOS

to what

IN

CHURCHES

171

that
lackingand what had become illegible,
so
the Suprema might take requisite
action.1
This looks as if the custom
had been falling
into desuetude,
but it was
abandoned
by no means
and, as late as August 26,
named
Horstmann
1753, when a deceased delinquent
burnt
was
in effigy
at Valencia,
two sanbenitos were
ordered to be suspended,
in the cathedral and one in the parishchurch of San Lorenzo.2
one
tribunal furnishes,
Stillthe same
in 1783, a refreshing
evidence of
the decline of intolerant zeal in the gradualdiffusion of enlightenment.
The
cathedral had been undergoingrestoration,
during
which the sanbenitos had been carefully
stored in a room
of the
Inquisition.On the completionof the work, the tribunal suggested
to Inquisitor-general
Beltran that it would not redound
to the
service of God or of the publicto hang them up again,to which
Beltran assented; ifthe chapterdid not ask for them,the tribunal
not to raise the question,
or to do any thingin the matter
was
and,
it is to be inferred that the
from an endorsement
the letter,
on
as

were

sanbenitos

allowed to repose undisturbed.3

It is not to be supposed that,when
the Cortes of Cadiz,February
were

it was
22, 1813, abolished the Inquisition,

satisfiedto

permit
the continued existence of the sanbenitos which perpetuatedso
dreadful memories.
A decree of the same
day recited that
many
Article 305 of the Constitution provided that no
punishment
his
criminal
should extend beyond the
to
family;that the means
of penalties
inflicted by
the memory
by which, in publicplaces,
and
the Inquisition
was
preserved,
brought infamy on families,
fore
Therename.
even
exposed to evil repute persons of the same
all portraits,
or inscriptions,
ments
recordingthe punishpictures,
i
n
existing churches,cloisters,
imposed by the Inquisition,
to be removed
and other places,
convents
or blotted out within
were
of the decree.4
three days after receipt
national,Inquisitionde Valencia,Leg. 10, n. 2, fol. 41, 117.
3
2
Ibidem, Leg. 16, n. 5, fol. 54.
Ibidem, Leg. 30, fol. 40.
4
Cortes
los
las
Decretos de
Coleccion de
generatesetc.,n, 219 (Madrid,1820).
The allusion in this to euadros and pinturas refers to a custom, not officially
malignitysupplementedthe sanbenitos
recognized,by which exuberant pietistic
of the sufferers. For a florid
"with portraitsand picturesbearing the names
*
of this see
Voyage en Espagne par M. le Marquis de Langle,"II,
description
1

Archivo

hist,

(Londres, 1786).

78

liissomewhat
Its

author

between

was

1785

notorious

work

was

Jerome-Charlemagne
and

1803.

burnt

by

Fleuriau

order of the Parlement

and

it

ran

through

in 1788.

six editions

condition of Spain

The

[BOOK

PENALTIES

HARSHER

172

such

not

was

as

althoughit is scarce
obedience of this decree,
them

sanbenitos

left many

had

armies

during the

What

war.

to insure any wide

that the French
likely

hanging in

towns

elsewhere

occurred

VII

occupied by
may

probably

guessedby the example of Majorca, when the Constitution of

moved
rereceived and the sanbenitos were
Cadiz was
enthusiastically

be

dently
proviDomingo, but they were
Restoration
after
the
and were
stored away
againhung up
torn
of 1820, however, they were
in 1814.
In the Revolution
levelled to the ground.1
was
down and burnt and the Inquisition
from

The

the

custom

church

of

of San

suspending in the churches the hdbitellior

of the reconciled and

relaxed

to have

seems

been

benitos
san-

borrowed

places. It is to the credit

by Italyfrom Spain,at least in some
that it disapproved this barbarous
of the Roman
Inquisition
to be
from a decree of 1627 orderingthem
as appears
practice,
removed

from

the cathedral of Faenza

and

to be

secretlyburnt.2

DISABILITIES.

alreadybeen considered in their relation to

the finances of the Inquisition,
arisingfrom the sale of dispensations,
the
of
but they formed too importanta portion
penalsystem
in this connection.
further treatment
not to require
They differed
in
however
from other punishments in that,althoughspecified
the inseparable
nation
the sentences,they were
consequences of condemfor the
for heresy and thus,in some
sense, self-operative,
of misbelief was
of the laws for the suppression
not content
severity
the propertyof those whose liveswere spared.
with confiscating
The reconciled heretic was
but
not only turned adrift penniless,
him from earninga
was
subjectedto restrictionsincapacitating
livelihood. As this refinement of cruelty
could not be appliedto
Disabilitieshave

those who

were

burnt,it was

This latter provision

was

visited on

their descendants.

derived from

the

imperiallegislation

againsttreason,which disabled children of traitorsfrom holding

office and succeedingto collateral estates.3 Frederic II, in his
Ravenna
this applicable
decree of 1232, made
to the children
and
which was
grandchildrenof heretics,
eagerlyincorporated
1

Taronji,Estado

Collectio Decretor.

Const

etc. de Mallorca,
religiose
p. 257.
S. Congr. Sti Officii p. 205 (M.S.penes me).

5, Cod. x, viii.

CHAP.

DISABILITIES

Ill]

into the
Boniface

173

of Alexander
IV and Honorius
legislation
IV, although
VIII mitigatedit slightly
by exempting grandchildren

in the female

line.1 As part of the

canon

law this of

course

erned
gov-

the

SpanishInquisition
and, if there were those who questioned
the justice
of punishingorthodox children for their parents7
triumphantlysilenced by Alfonso de Castro,
heresy,they were
who pointedto Original
Sin as an irrefragable
proofthat this was
in accordance

with the law

of God.2

applicationof these restrictions to reconciled penitents

with the Council of Beziers,
in 1246, which
apparentlyoriginated
should not hold publicoffice,
ordered that penitents
or serve
as
silk
and
or
silver
o
r
physicians notaries, wear
garments or gold
other
vanities
in
ornaments
or
short,that their apparelshould
befit those whose lives constructively
to be passedin repentwere
ance.3
These provisions
law but
not carried into the canon
were
apparentlybecame traditional in the Holy Office.
In the Instructions of 1484 there is nothingsaid as to the disabilitie
instructed to order
of descendants,
but inquisitors
were
after completingtheir penance, never
to hold public
penitents,
office or benefices or to serve as procurators,
farmers
tax-collectors,
of the revenue, grocers, apothecaries,
physicians,
surgeons, bleeders
which they had spethus prohibiting
the professions
or brokers,
cially
not
made
their own.
to
wear
gold or
Moreover, they were
stones
or garments of silk
coral,pearlsor other precious
silver,
The

"

camlet

fineryor
under
and all this duringlife,
or

or

other

to ride on

horse-back

or

bear arms,

penaltyof relapse.4
tions
of these restricdoubt as to the application
There was
evidently
but that there was
of those relaxed,
to the descendants
an
in 1486,
effort made in that direction is shown by their procuring,
from Innocent VIII, a brief enablingthem to farm the revenues
in 1488, the matter
In the assemblyof inquisitors,
of churches.5
in instructions that each
excited considerable debate,resulting
districtshould enforce,under heavy penalties,
tribunal in its own
to hold any office or
of children and grandchildren
the disability
d-Br"ioUes^ Hist. Diplom.Frid. II,T. IV, p. 302."Cap. 2, " 2 and
Cap. 5,,in Sexto, v, iii." Cap. 5 SeptimiDeeret. v, iii.
2
Alph. de Castro de JustaHseret. Punit. Lib. n, cap. 10, 11.
8
Concil. Biterrens. ann.
1246,Concil. de Modo procedendicap. 28 (Harduin.
VII, 420).
4 Instrucciones
de Simancas, Inquifol. 4)." Archivo
de 1484, " 6 (Arguello,
acion, Lib. 933.
5
I, 113.
Llorente,Afiales,

HARSHER

174

PENALTIES

[BOOK

VII

and the listof prohibited

dignitythat could be considered public,
was
enlargedby includingthose of merchants,notaries,
callings
others. The
and some
advocates,farmers of revenues
scriveners,
sumptuary restrictions were not extended to them, for they were

the insignia
of
forbidden to wear
but they were
penitents,
secular or ecclesiastic.1 The omission was made good
any dignity,
so
in a decree issued by Torquemada, April22, 1494, but it was
slacklyobeyed that when, in 1502, the sovereignsordered its
enforcement,they allowed a certain time for those affected to
himself had
Ferdinand
become
acquaintedwith its provisions.2
had occasion to recognizethe hardshipof the rule for,in 1500,
of his royalguard,was
demned
conthe mother of Pero Ruiz,a member
he was
from ridingand
and consequently
incapacitated
quemada
Unwillingto lose him, Ferdinand wrote to Torbearingarms.
to be brought back by the
for letters of dispensation
messenger.3
the profits
of dispensaWe
have seen how, in the struggle
over
tion,
the
a
bandoned
to
the
the sovereigns
Inquisition cosas arbiand assumed
to themselves,
trarias,or sumptuary restrictions,
to hold
"by the pragmaticasof 1501, control over the disability
and trades,
office and to follow certain professions
which limited
of the reconciled and of the children and
so
greatlythe ability
of the condemned
to support themselves.4
A humane
grandchildren
in
made however,
was
1502,under which children
exception
reconciled below the age of 14 were
exempted from the operation
of the pragmaticas.5As these were
municipallaws they were
who were
ordered to enforce them
subjectto the secular officials,
under pain of confiscation and loss of office for negligence.
easier to publishedicts than to get them executed.
It was
The
civil magistrates
to have paid littleattention to the pragseem
maticas,
while the Inquisition
did what it could within its allotted
sphere. The Suprema issued orders to the tribunals to punish
with all rigorthose who disregarded
the sumptuary restrictions,
said to be numerous,
who
in great contempt of the Holy
were
Office. It was
probablyto stimulate zeal that,in 1509,it modinot

Instrucciones de 1488, ? 11

Archive

de

fol. 10).
(Arguello,
Lib.
Simancas,Inqiiisicion, 939, fol. 115.

Ibidem, Lib. 1.
Ibidem, Lib. 933, p. 143. As printedin
clauses omitted.
leyes3, 4, there are some
5
fol.
Lib.
Ibidem,
939,
108, 115.
4

the Nueva

Recop. Lib.

vm,

Tit. iii,

CHAP.

DISABILITIES

Ill]

175

to a pecuniary
penaltyof relapse
penance, which
to impose at discretion,
the inquisitors
bearingin

fied the

gravityof

the

thus realized

and

case

were

the

wealth

considerable

of the offender.1

enough

it authorized
mind
The

the
sums

tempt the cupidityof

to

the courtiers

for,May 9, 1514, we find the king making over to

levied on the sons
of Alonso Gallo
four of his ushers the penalties
of Toledo,and on April1st he ordered Vazquez de Busto, alguazil
of Toledo,to collect all the penances of this kind,to pay one-half
to the receiver for the

tribunal,and divide the

other half between

Martin Ximenes, and a servant of secretaryCalcena.2

fiscal,
also modified
The punishmentsdecreed in the pragmaticaswere
learn from a letter of June 20, 1515, dividing
those
to fines,
as
we
Calcena and Aguirre,after setting
incurred in Seville between
and from another letterof January
aside one-third for the tribunal,
8, 1516, bestowingon Fernando de Hoyos, porteroof the Cuenca
incurred by the wives of Pedro de Vaguera
the penalties
tribunal,
for exercising
the profession
and of Quirosand Jayme Boticario,

the

apothecary.3

of

the only
was
recognizedthat the Inquisition
of the
to be depended upon for the enforcement
instrumentality
and Charles V, in a cedula of March 30, 1528, placed
pragmaticas
At

length it

was

the whole business in itshands.

and Isabella,with their severe

spiteof which he was

wherefore
disregarded,

in

informed

He

recited the laws of Ferdinand

for negligent
officials,
penalties

that,in

grantedto

he

the

they were
places,
all necessary
Inquisition
many

to the execution of the law.

Possibly
powers and ordered it to see
by the secular authorities
have been some
opposition
there may
which called for a repetition
to this invasion of their jurisdiction,

of the

cedula,March

2, 1543.

of 1548,
of the tribunals to the number

in cartas acordadas

of this the Suprema,

In pursuance
1549 and 1566, called the attention

of persons
and
wearing forbidden articles,

engaged in prohibited
it urged them to be

or
callings
the offenders.4
and punishing
active in detecting
rigorous.There
The construction of the laws was

questionwhether, when

parent was

contumacious, the children

were

condemned

subjectto

the

was

nice

in absentia

as

for
disabilities,

Archive

Lib. 933.
de Simancas, Inquisicion,

Ibidem,

Lib. 3, fol. 374, 380.

Ibidem, fol. 419, 445.

Lib. 927, fol. 676; Lib. 79, fol. 18; Lib.
de Simancas, Inquisicion,
Archivo

939, fol. 108.

Ill]

CHAP.

As

DISABILITIES

who

everyone

Inquisitionwas

the

had
a

that he
the suspicion

the misfortune

marked
had

incurred

strongerwith time and

important for those who were
of the

chary

about

when

the sufferer

however

the

In

fact.

who

disabilities" a
thus

not

earlier

but
relief,
the

appliedto

Escobar,in

his work

no

knew

have

some

Inquisitionwas
absolutelyrefuse it

did not

Suprema.
one

itbecame

"

the

It

what

Blightedcareers

not

was

could obtain the intervention of the

was
prejudice
strong,and
of the tribunals.
precincts

suspicionapt

affected to

time

of

liable to

was

to affect his descendants

the

this
affording

to fall into the hands

and
thereafter,

man

to grow

evidence

177

everyone

Suprema;

ular
pop-

took

placewithin

were

thus

ous.
numer-

Limpieza,tells us that,at the origin

it punished the lightest
of the Inquisition
offences with extreme
after the lapse of a century and a half,was
still
severityand this,
the
it
disastrously
affecting descendants; was inhuman that a word
inadvertentlyspoken through levity,or anger, or in jestshould
without limitation
bring infamy on the delinquentand his posterity
of time.1
The memorial
of 1623,by a member
of the Suprema,
discusses the same
evil. The writer says that the Inquisition
is surrounded
by enemies who are dailymultiplied
throughthose
afflictedby the tribunals. It is not merely those who are relaxed
reconciled or compelledto abjure de vehementlybut there are
or
well-affected Old Christians,
punished with lighter
penalties
many
disabled from
who, if they remain defamed and their posterity
add to the number
of enemies and it is
honors, must necessarily
to afflictthem

thus
pitiable
The
was

tribunals did not

afforded

by

in a
including,
declaringthat
to

Two
In

on

disabilitiesand

to afflictthe

cease

people,but

relief

some

practice,which

sentence

the

for trivial causes.2

for

into use, of
graduallycame
a clause
lightoffences or of acquittal,
his descendants

party and
that he

could have

not

were

subject

certificateto that effect.

in Valladolid in 1638 will suffice.

occurring
examplesof this,
of Agustin L6pez, tried for blasphemy, the consulta
the case

de fe could

not

agree and

exile,
adding

and

offices of honor

or

Miguel Rtiiz

shall not be

of

an

in the

the
that

Suprema sentenced
the

charge of

sorcery,

obstacle to him

should

sentence

Inquisition.So
says

and his

him

be

Escobar

" Carro

Archive

de

12

no

mand
repribar

to

sentence,acquitting

that

his

imprisonment

and that he shall

children,

de Puritate,P. n, Q. iv, " 3, n.

Simancas, Inq., Lib. 926, fol. 24,

to

48.

HARSHER

178

PENALTIES'

VII

[Boos
X

have

certificate to that effect.

Riiiz had

That

not

been

even

prisonbut in the publicgaol shows how

These certificatesde no obstancia,
sensitivewas the popularmind.1
would appear, as a rule,not to be issued unless
called,
as they were
appliedfor, and yet how importantthey were to the
specially
is manifested by a petition
individual and his posterity
presented,

confined

in the secret

January 17, 1818, by

the

Licenciate

Mariano

de

Santander

that,twenty years before,in 1798,his father

had been arrested and prosecutedby the Valladolid tribunal
he had sold prohibited
books.
because,in his trade as a bookseller,
declared that his imprisonmentand
In the final sentence it was
him or his descendants in the enjoydid not prejudice
prosecution
ment
of their civilrights,
but the secrecy of the Inquisition,
and the
loss of the certificategivento the father,
preventedthe petitioner
from furnishing
the proofsnecessary to his admission as an advocate
wherefore he begged for a proper
in the royalchancellery,
Alvarez

forth
setting

certificateto
From

not

Suprema had the

be duly issued.2

The

testimonial.

this,as well

as

from

merely reconciliation

if not
inflicted disabilities,

of

to the

attainment

of the

this
Inquisition

an

the memorial

but
as

even

of

1623,it appears

abjurationor

to the

honorable
sometimes

verified and ordered

statement

cosas

penalties

arbitrarias at least
In the

career.

led to

lesser

that

a-

as

closingyears

merciful

moderation

of the sentence,as in that

cisco
pronounced,August 27, 1817, on FranMosquera Villamarino,of Santiago,"Bachiller clasico y
Real Universidad,"
Profesor del 6" Cuerpo de Canones
for
en
su
He escapedwith a reprimand in the audicertain propositions.
ence-chamb
and without abjuration,
it being expressly
stated
treated with this benignity
in order not to prejudice
that he was
him in his career, though he was
warned that the Inquisition
would

keep

watch

on

him.3

as
Popular prejudice,

the cruel laws.

of Josef Calot

Pablo

Bordo, a

How

who,

we

have

seen, intensified the

inveterate was
in

merchant

this is manifested

1791, sought in
of Valencia.

marriagethe
The

crueltyof
in the

case

daughterof

parents refused assent

and the lovers

eloped. Bordo broughtthe matter before the royal

of Clara
Audiencia,showing that Calot was the great-grandson
Munoz

who,
1
2
3

Archive

at the age

of

19,was

reconciled for Judaism

in the

de

Simancas, Inq.,Leg. 552, fol. 23.

Ibidem, Registrode Genealogias,
n. 916,fol. 61.
Lib.
890.
Ibidem, Inq.,

(SeeAppendix.)

Ill]

CHAP.

Barcelona

DISABILITIES

auto

179

de fe of

April2, 1724, and was sentenced to irremissible "careel y abito,"though after two years her husband,
Antonio
obtained her release. In view of this descent
Antonelli,
the Audiencia decided that Bordo's opposition
to the marriage
reasonable and just,thus inflicting
indelible stigma on
was
an
Calot and his posterity.In some
the affair reached
the
way
Suprema, which wrote to Valencia for details and, in transmitting
added an expression
of sympathy for Calot
them, the inquisitors
in the dishonor cast upon him; the punishment of his great-grandmother
did not disable him
difficultto restore him to
the

of
justice

of the
training

the

but it would be
professions,
his good fame without calling
in question

the sentence

did not venture

from

of the Audiencia.1

Even

the

tion
Inquisi-

caused by its assiduous

repairan injustice
populationin an unreasoningabhorrence of heresy.
to

the disabilities
settled down to the
penaltyfor disregarding
of a fine. As regards
those imposedby the pragmaticas,
one
thrifty
the Suprema, in 1531, repliedto an inquiryfrom the tribunal
of Avila and Segovia that,althoughthe laws prescribedconfiscation
for infractions,
to penance
yet the practicewas
culprits
in accordance
with their wealth and station and the degree of
The

So, in respectto the

the offence.

cosas

it decreed in
arbitrarias,

1536, that althoughthe Instructions of 1484 providedthe pain

of relapse,they did not requirethe inquisitors
to condemn
the
infraction as such, and the practice
to impose pecuniaryand
was
for infraction are not
penances.2 Cases of prosecution
spiritual
in the records,
chiefly
owing, we may presume,
very numerous
to the

in the tribunal of Toledo

customary sale of rehabilitations;

only to ninety-one and of these it is noteworthy

to 1586
two in 1600 and one
that there are only three posterior
tion
in 1616.3 When
they occurred,the penaltywas at the discretion,
and Toledo exercised this with great moderaof the tribunal,
Bernardino
de Aldana, a ribbon-weaver,
in 1579, when
spontaneouslydenounced himself. His mother, Isabel Alvarez,
had been burnt by the Cuenca tribunal,
a velvet
yet he had worn
mule with a saddle;
cap, had carried a sword and had ridden on a
they

amount

"

nacional,Inq. de Valencia,Leg. 4, n. 3, fol. 27.

Simaneas, Inq.,Lib. 939, fol. 109.
las causas
seguidasante el tribunal de Toledo,pp. 131-40 (Madrid,

Archive

hist

ArcHvo

de

Catdlogode
1903)
8

he

his

kindred,and besides

satisfyhis wife and her

brother had told him that they had been
to have

rehabilitated. His artless story seems

escapedwith

for he

Andrade,

was

but
arbifrarias,

are

we

he

garments which

had

told that he
to

on

that there

the

was

his

cover

theocraticinfluence

land where

The

Simon

de

with

permittedto keep

the

as
nakedness, especially

OFFENDERS.

CLERICAL

In

In

ordinary cloth.2

of

were

severe

more

was

fine of two

judges,

ducats.1

the prohibited
who had worn
penitent,
harshly reprimanded,was fined in fiftyducats,
and was
requiredto surrender the cosas
a year

banished for

they

his

moved

reconciled

articles. He
was

Madrid

of

the tribunal

1703

reprimand and

VII

clone this to

had

and

married

was

[Boon

PENALTIES

HARSEEE

180

favor
especial

should be
has

Church

knowledge of

so

strong,it was

shown

sought to conceal

ever

more

able
inevit-

astics.
erringecclesithe public
from

to

might diminish

that

weaknesses

scandal has been

its ministers,and

was

dreaded

veneration
than

sin.

for

The

secular and

both the
over
established its jurisdiction
Inquisition
in accordance
the regular
clergy,but it exercised that jurisdiction
policyof the Church. Every care was taken to
with the general

publicknowledge,except in cases of
the sacraments
by those who
formal heresy or of administering
in placeof beingconfined
As a rule,
held only the lower orders.
venient
conthey were housed in some
in the secret prisonduringtrial,
surprise.
convent, where their presence need excite no
autos
de
not exposed in the public
When
convicted,they were
keep 'clericaloffences

fe, but their

sentences

from

read in the audience-chamber with

were

of other
number
closed doors,though in certain cases a prescribed
then they
even
to be presentas witnesses;
summoned
clericswere
habit as did laymen.3
penitential
the ordinarypunishmentwas reclusion
offences,
For aggravated
convent for a specified
term, a penaltywhich might
in a designated
did not

wear

the

varied.
Perhaps six months or a year was to be
infinitely
to be last in choir and refectory;
was
passed in a cell;the culprit
be

he

might

be

suspended for

MSS.

Archive

MSS,

of

of

Library of
de

term

Univ.

or

of

from
perpetually

HaUe, Yo, 20, T. L

Simancas, Inq., Lib. 896, fol. 1.

Royal Libraryof Copenhagen,218b, p.

334.

some

or

CHAP

CLERICAL

III]

OFFENDERS

181

rightto vote or to be voted for;

might be superadded or, at his entrance,he
spiritual
penances
in
might be subjectedto a zurra de rueda,or circular discipline,
of the house, including
the lay-brethren,
which all the members
All these greateror less aggravations
could be varied
took a hand.
to meet
accumulated
the exact shades of guilt. This conventual
or
reclusion was
adopted,perhaps,partlyfor concealment and
ful
doubtbut the mercy
was
partlyas a milder form of incarceration,
if we
trust the story told by Llorente of a Capuchinguilty
may
condemned
of aggravatedabuse of the confessional who, when
of his Order,begged to have
to five years'reclusion in a convent
he had been, he
it changed to incarceration in the secret prison;
how
the brethren treated
and guardian,he knew
said,provincial
and it would cost him his
them as criminals,
those thrust upon
refused and his prevision
life. His prayer was
was
correct,for
he died within three years.1 I have met, however, with cases
in which the recluded fraile survived longerterms; as a rule,no
stances.
but it depended on circumdoubt,lifewas not rendered pleasant,
ment
Francisco Ortiz,sentenced to confineThe Franciscan,
without
for two years in a cellin the convent of Torrelaguna,
all of his functions

and

intercourse with his

brethren,refused

the

of
expiration

years

the term

of the

to leave his retirement

and remained

later,the object of veneration

there tillhis

to all around

on

death,twelve
him.2

There

ment
might not be sympathy for the penitentand his treatnaturallycorresponded.
ciliation
reconWhen, however, the offence was formal heresy,entailing
the cleric was
obligedto appear in an auto
or
relaxation,
common
de fe,like any other culprit.Cases of the kind were
Converses had entered
enough in the earlyperiod,when many
the Church but, after the thoroughweeding out by the Inquisition,
from
degradation
was
An essentialpreliminary
they became rare.
the
of two kinds,verbal and formal
which was
the priesthood,
while relaxation required
for cases of reconciliation,
former sufficing

might

or

"

the latter.

Verbal

effaced
degradation

character and, in
priestly
avoided by executingthe

the

later

the

orders,but

was
period,publicity

not

the

often

audience-chamber, as
convicted
in the Toledo cases of Jacinto Vasquez Aranso, a priest
December
to the galleys,
4, 1688, and
of Judaism and condemned
1
2

sentence

in the

Art. ii,n.
Llorente,Hist. cn't. Cap. xxvm,
Francisca
Hernandez, pp. 174-5.
Bohmer,

10.

HARSHER

182

of

Buenaventura

Frutos,

Originally

verbal

degradation,
IX,

in

that,
the

of

cases

in

general
The

in

officiate

to

verbal

of

in

the

of

case

immense

Pablo

was

taken

de

San

his

of

by

the

He

orders

was

then

erased

him

with

painted

flames

city

Archive

Cap.

Reform,

35.

4,

hist,

1, Tit.
cap.

Archive

"

n.

Archive

54.

be

vicar-

tips

one

to

of

the

nacional,
ii; Cap.

reverse

after

and

Inq.

2, Tit.

de
ix

Toledo,
in

and

rubbed

with

he

him

and

he

the

to

Leg.
Lib.

Sexto,

to

tow,

Order,
sanbenito

taken

the

to

Assistente

deputy

conducted

palms

bestowal.

and
was

of

deprived

was

their

Mercenarian

of the

mitre

and

assistant
the

of

Plaza

the

tongue,

and

read,

was

the

the

delivered

sentenced

church

the

in

an

nessed
wit-

been

in

which
on

that

had

sentence

order

In
burnt

His

hair

superiors

replaced

court,

formally

his

told

are

Lycopolis,

his

order

tonsure.

scaffold

scraped

the

habit,

were

to

ceremony.

in

in

san-

Judaizer,

we

Joseph's

of

cutting

by

staging
and

celebrated

officials

were

the

1720,

was

Bishop

and

degradation

"Fray

the

over

secular

or

to

by

one

handed

stripped

juzgado,

the

finger

who

the

his

mitre

relapsed

no

auto

of

performed

was

his

single

impressive.

was

vestments

25,

for

as

number
where

Francisco,

tonsure

of

soon

as

and

July

The

1623.

but,

hands

learned

and

the

on

Pimiento,

of

assembled,

was

archbishop,

the

fe

de

since

San

of

priestly

his

Diaz

Joseph

crowd

he

perform

other

permitted

bearing

removed

were

in

auto

there

and

degradation

procession

the

which

seen

Fray

Seville

the

at

be

might

he

that

until

decreed

could

degradation,

formal

public

relaxation,

of

for

formal,

culprit

Trent

of

formal

of

sufficed

Inquisition,

abbots

19,

degradation.3

ceremony

benito

the

some

Council

all 'cases

culprit marched

The

of

for

the

of

of

February

single bishop

required

bishop

the

1551,

sentenced

were

presence

finally, in

and

bishop

the

of

operations

the

VII

[Boon

Mocejon,

two
the

heresy,

in

ceremony,

men,

while

facilitate

to

of

cura

ministration

the

1722.1

Gregory

PENALTIES

the

of

brasero*

1.
v

"

C.

Sess.

Trident.

De

xm,

4.
de

Alcala,

municipal

Hacienda,
de

Sevilla,

Leg.
Seccion

473.

"

Bibl.

nacional,

MSS.,

especial, Siglo XVIII,

Letra

R,

128.

A,

Tom.

p.

CHAPTER

IV.

THE

condemnation

The

penalty

of

of

human

spiritualerror,

STAKE.

is

being

to

abhorrent

so

death

to the

by fire,as

moral

the

and

sense

so

oppugnant to the teachings of Christ,that modern

apologists have
from
naturally sought to relieve the Church
responsibilityfor such
atrocity. On the surface a tolerably plausible argument
be
can
ministers

The

made.

of

itself rendered

might

who

be

obtain

in them

of secular

law

and

or

administered

that

Orleans

of

II

of

II

included

it in

Cremona

decree,

the

of

Wise

Jews

or

in

It thus

much

what

from

had

initiative

the

become

of

while

Alfonso

who

turned

Christians

dom,
of Christen-

from

the

through

custom

Frederic

1238, by his

empire,

rulers, as

not

by Pedro

part of the public law

became

is

has

1231

in

and,

it for

canon

Cathari

the

to

In

1197.

the

throughout

purely

matter

positive law

Constitutions

or

concremation

France

of

functions

against Waldenses

Castile,in 1255, adopted

so

of

it

extended

Moors.1

not

Sicilian

the

of

in

decrees

ecclesiastic

prescribed in

example

of Gerona

Council

in the

Aragon

was

is not

Pious

the

in the

earlier than

found

been

recorded

sition
Inqui-

irregularity"requiring

alive

the

Any

of heretics

its embodiment

1017, and

in

"

his

them

Robert

by

blood.

validly perform

execution

earliest

of

incurred

could

burning

The

decretal.

he

The

preferment.

spiritual courts,

judgements

no

concerned

dispensation before

religion,the

nition
recog-

spontaneous

ferocity of popular fanaticism.

The

the

to

stake, did
them

the

1."
de

to

do

secular

them

with

C. Gerundens.

Huillard-Br^hoUes,
Espana,

Lib.

due

1197

arm.

iv,

them

Hist.

Tit.

of

the

and

abandoned

Church,

punishment.

(Aguine, V, 102-3)."
Diplom.

1, ley

Frid.

to

H,

or

It

it,but

merely
had

V,

p.

was

nothing

"relaxed"

assumed

nounced
pro-

hope

no

which

Constitt.
Tom.

consigned

were

conversion

whose

off from

them,

for

arm

heretics

be

to

heretics

agency

itself condemn

not

it cut

entertained;
further

whose

Inquisition,through

them

that

it

Sicular.

Lib

201."

Fuero

(183)

to
con-

I, Tit.
Real

CHAP.

Domine.1
what

RESPONSIBILITY

IV]

VHUECH

THE

OF

185

secular power
had no choice as to
do with heretics delivered to it;its act was
purely

Consequentlythe

it should

and
ministerial,

if it listened to the

hypocritical
plea for mercy,
liable to prosecutionas a fautor of heresy and to deprivait was
tion
of its functions.2 The Church enforced this by embodying in
law a provisionthat princesand their officialsmust
the canon
punishduly and promptly all heretics delivered to them by inquisitors,
under pain of excommunication, which became
heresy if
endured for a year; and inquisitors
were
required to proceed
them, but were cautioned to speak only of executingthe
against
in order to escape
laws, without alludingto the death-penalty,

irregularity.3
elsewhere,so in Spain. The
unrepentant or relapsedheretic to
As

and

bound

to sentence

of the

earlyperiod,it
of the Toledo

the

to have

seems

secular arm,
In the hurried

him.

execute

magistratepronounced a

abandoned
Inquisition

sentence

the

which

was

informality

been indifferent whether

not.

or

the

contemporary

count
ac-

of

August 14, 1486,describes the reading

and the condemned
of the sentences of the- inquisitors
beingcarried
to the Vega Tor execution,where
burnt till
at once
they were
not a bone remained,without any allusion to the formalityof
intervention by the secular power.4 When, however, the form of a
auto

by the alcalde was

he uttered it by virtue of the

observed,as

condemnation

'

at Cordova

in

1484,

of the

which
inquisitors,
rendered unnecessary
than condemning the culprit
anythingmore
wherefore he ordered the alguazil
to carry
to be burnt alive,
mayor
of the periodthe
sentences
it into effect.5 In the inquisitorial
adjurationfor mercy is generallylacking. In that of Mencia
at Guadalupe,November
Alonso, condemned
21, 1485, not only
is it absent

but the duties of the secular officialsare

for itends
purelyministerial,
and
so

sentence

"

As

treated

as

limb of the devil and accursed

excommunicate, she shall be taken to the placeof burning

that by the secular justiceof this town, or by other laymen,

shall be executed
justice
kingdoms."6

Bullar- Roman.

Astesani

Cap. 18,Tit.

Relacion

5
8

her

de Casibus

iiin Sexto, Lib.

de la

to
according

the custom

of these

I, 611.

Summse

Boletin,V,
Archive

upon

Lib.
Conscientioe,

Art. 4.
i, Tit. Iviii.

v.

Toledana
Inquisition

(Boletin,XI, 300).

404.

de Toledo,Leg. 132, n. 31.

hist, nacional,
Inquisition

STAKE

THE

186

refusal to

the

in

magistratewas

of the

the function

That

[Boos

communicate

not

fested
mani-

is
judicial

trial to

the

VII

him.

When

Brescia,in 1486, refused to execute the sentences of the

ordered the
VIII
Innocent
without seeing the trials,
inquisitor
than six
them
if they delayed more
inquisitorto excommunicate
days, no matter what the local laws might be, for heresy was a
of

those

in 1494, that the

Valencia

process shown
sentence

to

that

him

are
inquisitors

not

magistrate has no rightto have

of
he may
judge as to the justice
to concede

any

such

for
right,

the
the

his sole

delay, and if he hesitates he is subject

it without

duty is to execute

tion
asser-

Hcereticorum, printed at

Pravitate

Repertorium de

the

of

with this is the

In accordance

crime.1
purely ecclesiastical

heretic.2 This
a
as
deprivationof office and condemnation
Torrewas
fullyadmitted by secular jurists themselves.
principle
to

blanca, who

that the

states

he
a

attached to the royal Chancellery of Granada,

was

duty

is
of the civil magistrate

into the merits of

rightto examine
capacity.3
judicial
has

no

could

fact,the secular power

In

purelyexecutive
a

case

or

and

to act in

dispensedwith altogether.

be

always as prompt as it should be in

heresy so, to avoid delaysand embarrassing questions,
suppressing
auditor and other officials,
the papal nuncio there, with his fiscal,
The

Venetian Signory was

had

faculties to

not

condemn

to

mutilation

death

and

all heretics

other ecclesiastical penalties,

or
incurring irregularity
and decretals to the contrary. Such
notwithstanding all canons
issued in 1547 by Paul III and in 1550 by Julius
were
provisions
III and were
doubtless customary.4 Pefia reduces this to a general
he asserts
to special
papalfaculties,
principle
for,without referring

without

Innocent, PP.

Eymerici

ad
2

Mich.

VIII, Bull. DiUctus

Direct,

1486

(Pegnse Append.

p. 84).

Repertorium, s.

Albert!

filius,30 Sept.

w.

Communicare

" Sed

an

guando;

Executio

" Qualiter.
3
Torreblanca, Epitome Delictorum, sive de Magia, Lib. Ill,cap. xxix, n. 15-17.
Et eo jure utimur
quia potestates sasculares in tali casu sunt meri executores."
See also Vol. I, p. 603, in the proclamationof the civilpower, on the arrival of
an
inquisitor,the clauses requiringsecular officials to inflict "las debidas penas
"

cada y
*

quando

Fontana,

por

made
Inquisition
it sentenced
were

immune

Sti Omcii, p

el dicho

venerable

inquisidorsera

declarado."

Documenta

to

Vaticana, pp. 137, 145 (Rome, 1892). The Roman

it assumed
that
pretence that its judgementswere not final;
mutilation and death, and in this it claimed that those concerned
no

from
219

the

(MS,

canonical

penes

me).

irregularity,Collectio
"

Decretor

S.

Congr.

RESPONSIBILITY

IV]

CHAP.

that the intervention

of the secular

THE

death; if accessible he

must

CHURCH

187

judge is unessential

the tribunal
accessible,

is not

if he

OF

can

condemn

that,

the heretic to

the sentence

execute

and

if he wishes

to

the

heavy penaltiesof fautorshipand impeding the

Inquisition.1
littledanger of such reluctance on the part of secular
There was
officialsin Spain,where the oath exacted of them by the Inquisition
obligedthem to execute whatever sentences the tribunal
might require.2In fact,the only indication I have met with,
hesitation involving
of possible
punishment,occurs in a mandate,
September 5, 1725,to the Toledo tribunal,
that,in autos
directing
escape

de fe, the first sentences read should be those of relaxation" thus

the usual order
so that the convicts might be delivered
reversing
"

at

once

to the

of the

royaljudge,without permitting
delayin

sentences,under

any

pretext,since

the

tion
execu-

the tribunal

had

to compel him, by censures

and other penalcompletejurisdiction
ties,
to its exact performance.3
The Inquisition
regardedthe sentence of the magistrateas a
mere
clusively
perfunctoryformality. The doctors had pointedout concrime over
that heresy was
which he had no jurisa
diction,
to assert it he would
and if he were
render illusory
the
of the bishop or inquisitor.4
in preparasentence
Consequently,
tion
de
the
in
for an auto
fe,
tribunal, advance, gave to the secular
authorities a list of the condemnations
so that the sentences
might
be drawn up and the wood, the stake and the garrotesbe prepared

execution.5

for immediate
amount

of

It is true that thrift induced

equivocationwhen,

in

certain

of
1579, the royal alguaziles

Saragossaclaimed payment from the confiscations for their services

and for the cost of the wood, and PhilipII emphaticallyrejected
the demand
1

as

unexampled,adding that

Pegnse Comment.

48 in

practice of the Church

writer,in 1902,

to argue

EymericiDirector.

P.

the

n.

could
inquisitors
In view

of the

not

unvarying

for
years, it requireshardihood
that the civil magistrateand not the Inquisitionwas

for

nearlysix hundred

burning of heretics." Razon y Fe,T. IV",p. 358 (Madrid, 1902).

Pablo
Garcia, Orden de Processar,fol. 74.
"
* MSS.
En ellos las primeras
of Royal Libraryof Copenhagen,213 fol.,
p. 126."
causas
para que incontinent! puedan entreque deben leerse son las de relaxados,
real
dilacion
sin
al
con
juez
permitirle
pretextoalguno en la execuzion de
garse
la sentencia;pues siempre queda al tribunal jurisdiction
segura para obligarle
"
otras
su puntual cumplimiento."
y
penas
por censuras
4
Albertini de Agnoscendis Assertionibus Q. xxv,
44-5.
Am.
n.
6
del Auto, p. 287.
de Alcala, Hacienda, Leg. 473." Olmo, Relacion
Archivo
for the
responsible
2

[BOOK

STAKE

THE

188

VII

and that the executions

payment without irregularity,
of the secular judges and not of
in virtue of the sentences
were
This,however, was the merest quibble. In autos
the inquisitors.1
asked to be presentto receive the
the magistrateswere
generates,
execute on them the penalties
imposed by the canon
convicts and
such

order

"

es} held in churches

kingdom." In autos particular
by judgementsof blood,the Suprema
which must not be polluted
pointedout, in a consulta of April7, 1690,that the secular judges
it sufficed that a notary
could wait at a designatedplace,when

of the

law

informed

them

has

writing that "N.

in

been

declared

heretic

the
delivering
simultaneously
by sentence of the Holy Office,"
and without delay
convict,when they must accept this assertion,
the sentence, unless they wish the Holy Office to prosecute
execute
them
At the

time the

same

impeders of

of heretics and

fautors

as

judgesare

to continue

as

jurisdiction.

its free

usual

to pronounce

sentence.2

the formal

the ghastly
comedy
the estilo of the Inquisition
required
Still,
the
of the sentence
In the official formula
of asking mercy.
clause announcing relaxation to the civil magistrate proceeds
to treat him benigask and chargemost affectionately
"whom
we
nantly and mercifully." In sentences of the absent and dead,
where

alone
effigy

the

for mercy,

prayer

no

In
irregularity.3
after the

ample proof

only motive

no

of

inquisitorial
procedure,
control,it is safe
universallyfollowed.

established its minute

that this officialformula

All this affords

the

was

rigidformalism

the

Suprema had

to assume

was

there

as

secular arm, there is

effusion of blood to create

to the

abandoned

was

was

that the avoidance

that actuated

the

of

irregularity

in this matter,
Inquisition

requiredit is furnished by the fact that

stillgreaterscrupleexisted in the exercise of the temporaljurisdiction
all
matters concerning
acquiredby the SpanishHoly Office over
not provided for in
its officials,
because such cases were
from which were
gated
deleof the inquisitors-general,
the commissions
of the tribunals. In 1514 the questionarose
the powers
but if further evidence is

in the Saragossa tribunal,was

assessor
Castillo,
Joan Uguet and Pere Gasco,
murdered, and two of his assassins,
when

Micer

convicted.

were

tried and

them

to the secular

arm

for

deliver
dared not
inquisitors
and various devices were
execution,
The

Inq.,Lib. 926, fol. 257.

Archive

Ibidem, Lib. 42, fol. 291, 293, 308.

Pablo

de Simancas,

Garcia,Orden

de

Processar,fol. 32, 54, 59, 68.

CHAP.

IV]

RESPONSIBILITY

discussed,but the matter

X his motu
proprio Cum

OF

THE

CHURCH

settled

by procuringfrom Leo
sicut accepimus,January 28, 1515, in
was

he

which

granted faculties to the inquisitors

to arrest,try and
deliver for punishmentto the secular authorities, one who had
any
mutilated
officialof the Inquisition,
or slain an
struck,
if it
even
entailed effusion of blood or mutilation or death,without
incurring
of

note

any

such

cases

Under
irregularity.1

notably

arose,

persons were
who, while in

thus relaxed"

in

this the tribunals acted

Granada, about

six Moriscos

and

1545, when
an

Old

when
seven

Christian"

killed the alcaide and his assistant and who

prison,
were
hanged before burning.2
In time the cardinals of the Roman
beset with
were
Inquisition
to
relieve
their consciences,
similar scruples
Pius V, October
and,
in
9, 1567, granted a decree empowering them to participate
sentences of blood without incurring
This applied
irregularity.3
only to Italy,but it was otherwise with the terrible bull Si de
to the secular
April 1,1569,commanding the delivery
protegendis,
arm, for the punishmentdue to hightreason,of any one maltreating
or
or
threateningan officialof the Inquisition
destroying
This was
ordered to be publishedthroughitsrecords.
altering
out
claimed
the
benefit of it,
the world; the Spanish Inquisition

even

or

and

had

Castilian version of it publishedevery

year.

It made

tacitly
assuming that none was incurred
irregularity,
when in 1579,
often cited in Spainto that effect.4 Still,
and it was
for Francisco de la
the Toledo tribunal desired the death-penalty
officialof the Inquisition,
and there
an
Bastida,for personating
brief was
obtained from
secular law to that effect,
a special
no
was
Gregory XIII empowering it to find him guiltyof death and deliver
for execution without incurring
irregularity.5
him to the secular arm
about
fresh
of
to have arisen a
sense
insecurity
There seems
tribunals
some
The brief of Leo X was well-nigh
forgotten;
1605.
had copiesof it,but most of them had not, and the bull Si de
meet cases that arose.
did not specifically
Application
protegendis
illusion to

no

was

therefore made
Bulario

to Paul

V to extend to

Spain the 1567 decree

Santiago,Lib. I de Copias,fol.
3, fol. 323, 456; Lib. 927, fol. 349.

de la Orden

de

139."

Archive

de

Simancas, Inq.,Lib.
2
Ibidem, Lib. 922, fol. 682.

Santiago,Lib. IV, fol. 169.

Bibl. nacional,MSS., D, 118, p. 82." Archive
Bullar. Roman.
AlcaU, Hacienda, Leg. 1049." Archive de Simancas, Inq. Lib. 939, fol. 63,
5 Bulario de la Orden
de Santiago,Libro III,fol. 156,
3
4

Bulario

de la Orden

de

II, 298."

de

he

V, which

of Pius

grantedby

all their

on

VII

29, 1605,
fullest powers, not only

brief of November

In this he bestowed

in 1607.
repeated
but
inquisitors
on
faith

[BOOK

STAKE

THE

190

the

in all
officials,

whether

cases

of

in sentences
not, coming within their competence,to participate

or

of torture,

larity.1
irregumutilation,or death without incurring

all possible
ample enough to remove
occasionallyarose
scruplesand yet subsequentlycontingencies
which excited debate, or called for papal intervention to quiet
This would

appear

sensitive consciences.2

exterminatingheresy,the rules which

of

In the work

governed

merciless than those framed

more
were
Spanish Inquisition
it was only
in the medieval tribunals,
by its predecessor.At first,
heretic who was
consignedto the
and impenitent
the pertinacious
the

conversion,even
professed

and

recanted

stake; he who

at the last

reconciliation. Then

gradually,as it
insincere,
frequently
found that these enforced conversions were
was
relapsewas regardedas proofof impenitenceand pertinacity
to the death-penalty,
and this
and was
subjectedirremissibly
had abjured for vehement
included those who
suspicion.The
in the case
of Fray Bonato, the head of
is exemplified
treatment
Franciscans in Catalonia. He was pertibody of Spiritual
a little
nacious
moment,

admitted

was

to

until the flames

some

later he

years

and, in 1335, he

burnt

first half century, could

in 1483

(Vol.II,

failed to

save

their control.
of 1484

and

the

when

placedthe

lution
reso-

was

Spanish Inquisition,
during its

have

occurred

fury, the

under

case

468) indicates that

Grace, but
Even

and

his

rescued,but
stillcherishing
his heresies

the stake those who

from

of

Term

p.

to be

side,when

alive.3

never

first rush

in the

in

found

burningsin

Indeed,

one

professedconversion
was

was

of

number

The

he

way;

gave

roasted him

had

the old rules.

of Juan

even

frank

Chinchilla

confession

had

soughtreconciliation
had been prevented by causes
beyond
rules began to be framed,the Instructions

lives of those

on

trial at the discretion of

tribunal,for they required that repentance and asking for

reconciliation must be expressedpriorto renderingthe final senthe

Archive

de

Simancas, Inq.,Lib. 922,fol. 685." Bulario

de la Orden

ago,
de Santi-

Lib. IV, fol. 169-70.

2

Archive

de Simancas,

Inq.,Lib. 42, fol. 246,255-7; Lib. 17, fol. 70; Lib. 25,

fol. 156.
3

EymericiDirector.

P. n,

Q.

xi.

CHAP.

IV]

RECANTATION

191

while even
to mercy;
tence,to entitle the culprit
then,if the inquisitors
considered that the repentance was
feigned,and they had
fair

not

declare him
of which

of

hope

impenitentand

an

of which

relax him

empowered

were

to the secular

arm

"

to

all

left to their consciences.1

was

rule thus

The

genuine conversion,they

expressedpresents two points,the development

requiresseparate consideration.

As

regards the time

and
of confessing

beggingmercy, which the Instructions limit to

the periodpriorto the rendering
of the sentence, this was
extended
to the time of readingof the sentence at the auto de fe. Yet this
was
grudginglyadmitted by the Instructions of 1561, which say
convicts on the stagingprofessconversion
that often when
the
them
receive
to reconciliation,
but this ought rarelyto
inquisitors
be done, for it is a very perilous
thingwhich should be suspected
to

dread

from

come

Yet, in

spiteof this

with those

of death

warning,it was

who,

sentences,claimed

rather than

customary
fe,before
be penitent.They were

at the auto

to

from

de

to

true

repentance.2
suspend proceedings

the

readingof

remanded

their

to the

Inquisition
and,ifthey confessed fullyas to themselves and others,
reconciled with appropriate
punishment. Such cases
they were
in the Cordova auto of April12, 17227
of constant occurrence;
were
four.
Even
while the sentence
there were
was
being read, the
in favor of the

thrown

as in the Murcia
auto of
culprit,
May 17,1722,when Inez Alvarez Pereira,convicted as an tent
impeniJudaizer,begged mercy duringthe readingof her sentence,
professedthat she wished to confess and be converted,and was
reconciled.3 In fact,in public
where she was
sent back to prison,
convicts to be relaxed,there was
autos, where there were
always
a room
arrangedunder the stagingto which the repentantculprit

doubt

was

of the

descended
to
inquisitors
take his confession before he should have time to change his good
reconciliation was
resolutions. In such cases
accompanied with
irremissible prisonand sanbenito and usually one
confiscation,
at

was

or

two

The

one

tardy confession.4
in claiming
Instructions of 1561 were
that little
justified
hundred

reliance
most

transferred and

once

lashes for

placedon conversions thus obtained. For the

who thus escaped,
awful experience
led penitents,

to be

was

part the
1
2
8
4

1484, " 12 (Arguello,fol. 5).

1561, " 44 (Arguello,fol. 33).
Royal Library of Berlin,Qt, 9548.
Archivo
de Simaucas, Inq., Leg. 552, fol. 3.
Instrucciones

de

Instrucciones de

CHAP.

IV]

who

GARROTTING

BEFORE

BURNING

to the magistrateis
repents after delivery

customary in

not

Spain.1
In this he would
case, later than

to be mistaken.

seem

those

I have

alluded to, in which

with

met

never

conversion

professed

after sentence

secured reconciliation. The tendency to rigorwas

too strong. The Instructions of 1561 make
allusion to such
no
a

as they grudgingly
allow
possibility,

Peiia forbids

conversions

it;he admits that it was

to be trusted

not

are

and

mercy for earlierconfession.

the ancient custom, but such

experienceshows that such

It was
the universal practice

penitentsare only rendered worse.2

to garrotethose who
professedrepentance after sentence,and the
dreadful alternative of death by fire,
when
thus impending so

imminently,wrought
brasero,

even

that

so

among

burningalive became

three autos

conversions

many

those whose

the

on

resolve had

to

way

held out

thus

comparativelyinfrequent. In

held at Barcelona in 1488 and

1489, all the

the

far,

the first
converts

a desire to die in the Christian faith and all were

professed
before burning.3 At the great auto of May 21, 1559,at

Valladolid

where

were

Dr. Cazalla and

other Protestants

relaxed in person,

zuelo,is characterized
burnt
1571

alive,the
there

whom

were

101

one, the Bachiller Herre-

heretic
pertinacious

were

Of the latter nine

nature

teen
four-

and

consequently

being garrottedas repentant converts.4 In

hanging,in the parish church of Logrono, 157

only four

human

as

only

there
suffered,

rest

sanbenitos,of which
relaxed.

of whom

strangled

are

of those
were

as
specified

afforded

but

in

reconciled and
and
effigy

burnt

47

alive.5 The

56 of those

in person,

of

weakness

of

examples of those who could

stand the final test of fierymartyrdom.
Notwithstandingthe practiceof executingall who delayed conversion
until after

who

hearingtheir sentences,there

argued that they should

their contention

rare

on

be admitted

on

Archive
de Cath. Instt. Tit XLVII, n. 73.
Real, Inq.y Leg. tinico,fol. 13. BibL nacional,MSS.,
1

Simancse

"

"

those

reconciliation,
basing

to

the ancient rule and

stillwere

the

silence of the

Simancas, Patronato
V, 377, Cap. iii," 5.
de

Pegn"

Carbonell op. tit. (Col.de Doc. de la C. de Aragon, XXVIII, 13, 15, 29).
BibL naeional, MSS., D, 153, fol. 95. This was the rule also in the Roman

Commentt.

36, 46, in Eymerici Direct. P.

n.

accordingto law the convicted heretic

Inquisition.Del Bene tellsus that strictly
this is not followed,unless he
Christians
that
but
alive,
"among
there is no reason
is pertinacious,
in which
why he should not be burnt
case
alive."" De Officio S. Inquisitionis,
II,113 (Romse, 1666).
s
D. N. Herqueta (Boletin,XLV, 424-33).
is to be burnt

voi/.

in

13

STAKE

THE

194

[Boos

VII

Suprema felt
by insisting
called upon to quietthe doubts of the Granada tribunal,
of the Holy Office.
that this rigorhad been the invariable custom
debated until a carta acordada of May 24,
was
Stillthe question
Instructions of 1561

this

on

point.

In

the

1674

This declared that,in conof it authoritatively.

sequence
1699, disposed
of existing
doubts,the Suprema had examined the matter
the deliveryto
carefully,
reachingthe conclusion that technically
coincident with the readingof the sentence;
which had passed
thus remained without jurisdiction
the Inquisition
for the execution of the sentence.
Therefore,
to the royaljustice
the secular

ifthe convict
he

was

arm

not converted before the

was

not to have

was

mercy

begged for it,but

if he

the

admitted

to be

to

was
royal justice

If the conversion

the- sentence.
latter

or

readingof the sentence,

time"

sacramentally.1Thus

confess Mm

althoughhis

soul

his

body

not

the

to

fulfil

feigned"the
confessors

of the

any

could reconcile him

assisted the culprit

who

and

to execute

real and

was

being presumableat such

reconciliation,
even

church

and

forfeited,
irrevocably

was

saved.

might be

no
definition,
arguments in favor of mercy
1721 and
autos de fe,between
could be urged. In the sixty-four

After

formal

so

of relaxation in
total of seventy-seven cases
whether
In the relationsit is not always stated distinctly

1727, there
person.
the victim

given,the
about

one

was

was

burned

alive

or

garrottedbut,

be far wrong
in six,endured the severer

estimate cannot

that not

from
over

eleven
of January 21, 1722, there were
conversion after their sentences
professed

details

or
thirteen,

punishment. In

auto

whom

the

the Granada

relaxed,all of
were
read, and

before burning. So rigidwas the interpretation

garrotted
to gratify
of the rule that it could not be dispensedwith even
which sometimes possessedthe
the intense longingfor expiation
In the C6rdova
eleventh hour convert.
auto of April 12, 1722,
relaxed for Judaism,was
Antonio Gabriel de Torre Zavallos,
verted
conAt
the
with
of
the brasero,
his sentence.
after
reading
copious tears and signs of repentance,he loudly proclaimedhis
the mercy
of God and of the Holy Office
Christian faith,praising
all were

faction
alive,in order to offer to God satisfor his sins,but this was
refused;he was duly garrotted
cation
and "he gave his soul to God to the great consolation and edifiand

demanding

of allthe
1
3

to be burnt

people."2

Arcliivo hist, nacional, Inq. de

Royal

Library of

Valencia,Leg. 10

Berlin,Qt. 9548.

n.

2, fol

136,

IV]

CHAP.

PERTINACITY

195

unpleasantdoubt obtrudes itself whether in all cases the

preliminarystrangling
reallyrelieved the sufferer from death by
fire. Spanish executioners are said to possess such dexterity
in
manipulatingthe garrote that they can prolongthe death-agony
for hours when they are not bribed to give a speedy release. In
the universal venality
of the period,
itis possible
that those,
whose
friends failed to earn the good-willof the minister of justice,
were
insensible when the torch was
by no means
appliedto the faggots.
An

There

have

may

at the Cuenca

been

auto

than

more

of June

lack of skillin the incident

mere

29,1654,which

gave

Bartolome

Lopez

of displaying
his nerve.
He had delayedprofessopportunity
ing
conversion until after the readingof his sentence and was consequently
relaxed for strangulation
and burning. At the brasero,
Pedro de Alcala,bungledin garrotting
seeingthat the executioner,
Violante Rodriguez and Ana de Guevara, he said to him
Pedro,
if you do not treat me
alive."1
better,
you had better burn me
the

"

According
"

and

the

defend

judges to

there
inquisitorial
jurisprudence,

entailed relaxation.

which

causes

to

obstinacywhich

The

first of these

led the heretic

or

several

were

nacity
perti-

was

apostate to

his errors, and to resist the well-meant

his soul by inducing conversion.
save

avow

effort of his

This

heroic

martyrdom to denying what it believed

temper, which preferred
but the annals of the Inquisition
not common,
to be the truth,was
and forgotten
of unknown
illustrated by cases
victims,whose
are
and

through torment
persistence

to
persuasion,

the

fierydeath

at

Moslems
nature, whether they were
brasero,ennobles human
or
Jews, Protestants or Mystics. It was a blind perversitythat
refused to see in this aughtbut hardness of heart,
by Satan,
inspired
and with empty rhetoric sought to draw a distinction between

the

this and true martyrdom.

not

be

surprisedto

the stake.
but

This

and
fierceness,

tellsus

Simancas

heretics sometimes

see

is not

Thus

true

but
alacrity

there is wide

that

we

should

carried

to
rejoicing
madness, not patience

difference between

barbarous

constancy of the true martyr. Then

the body that it
there are those who, by certain arts,so benumb
does not feel torments; there are also those who deprivethe mind
fierceness and

the modest

of sense, so that they meet death without fear,but that gentleness

that sublime humilityand humble
and placidity,
sublimity,we
see
1

only in

the martyrs of Christ.2

Bibl. nacional,MSS., S,294,foL 375.

Simancas Enchirid, Tit. xxxi,

n.

3.

[BOOK

STAKE

%HE

196

VII

the Inquisitionat least after the first

Yet, to do it justice,
fury of its career was spent" earnestlysoughtthe salvation of its
victims,rather than to send them through temporal to eternal
ation,
We have seen that,in the case of those sentenced to relaxflame.
"

the

the

opportunityof

that, if nothing else

conversion,so

Instructions

before this extension,the

in
to do everything
inquisitors

order

it

whom
ghostlycounsellors,

Even

labor with them.

of 1561

enlarge
deputed to

the notification of their fate,in order to

it advanced

their power

accomplished,the
God.1 During the

be

can

to induce

not die without the knowledge of

culprit
may
previousto an auto de fe those sentenced to relaxation
fortnight
they were
to repeatedaudiences,when
to be summoned
were
with
promises
to be earnestlyentreated to confess and recant,
theologianswere requiredto be presentto
of mercy, and^learned
aid in the exhortations.2 Even
priorto the consulta de fe,pious
sparedno effort to convince the erringof their errors.
inquisitors

how, in 1630, he had to deal with two Protestants,

saying
an
Englishman and a Frenchman, who were pertinacious,
religion
that they had been brought up in their pretendedreformed
One

relates

and

knew

went
nothingof Catholicism. Their simplicity

so

far

lands, or that
should disputebefore them, so
persons learned in both religions
best for,as they were
illiterate,
that they might learn which was
to ask to be allowed to return

as

they could

to their native

set theologians
dispute. The inquisitor

not themselves

when, after considerable labor,they were

converted; devotional books were
given to them, which they
delayed and, by the time the
eagerlydevoured; the trial was
the heretics were
witnesses were
ratified,
good Catholics.3
upon

them

three

days' notice

work

to

When
the time

was

of

impending relaxation

utilized to the utmost.

heretic to suffer in the Seville auto

Moorish
had

slave,baptizedunder

renegaded and

known

him.

to

Orders of

There

was

of December

name

when
persistent
twelve

Then

the

was

given,
pertinacious
was

10, 1719"

of Francisco

Andres,who

his sentence

calificadores
"

two

each

was

made

from

the

Mercenarians,Minims, Franciscans,Dominicans, AugusJesuits

tinians and

"

conversion.

They

Instrucciones

Archive

BibL

with

were

eightfamiliars

successful and

he

assignedto his
escaped with prison

were

1561, " 43 (Arguello,fol. 33).

Simancas, Inq.,Lib. 979, fol. 40; Lib. 876, fol. 105b.
nacional,MSS., V, 377, Cap. 10.
de

de

CHAP.

IV]

PERTINACITY

sanbenito

and

for four

years.1

197

remarkable

case, at the Seville

July 5, 1722, shows however that,after deliveryto the

secular arm, the Inquisitionconsidered that its functions were
There
ended.
four pertinaciousJews, two men
were
and two
of

auto

Nine

women.

them

in vain

readingof
The

the

calificadores and

during the three

the sentences
two

and

and

men

eleven

familiars

with

days; they persistedthrough the

were

delivered to the secular magistrate.

the elder of the

conversion
last,professed

labored

and

women

succumbed

at

and burnt. The

garrotted
La Almiranta,at the brasero begged
as
woman,
younger
audience of the deputy assistente,
told him that she desired to
confess and give evidence as to other Jews and was
to
remanded
the royalprison. Word
sent to the tribunal,
which replied
was
that it had nothing further to do with her. She was
kept until
taken
to the brasero was
the 7th and, when
more
pertinacious,
than ever, sayingthat,as her companions had died as Catholics,
they were accursed and that she had pretendedto yieldin order
that her ashes,which were
holy,should not be mingled-with theirs.
were

known

Of

course

she had

the

martyrdom which

she craved.2

to have been allowed

seems
exceptionalcases pertinacity
of preliminary
At a Yalladoliclauto
the privilege
strangulation.
five pertinacious
of May 29, 1691, there were
condemned
women
for Judaism, described as being from 24 to 27 years of age and
excited generalcompassion. On
handsome, who
being
very
of them
two
delivered to the magistrate
weakened, while three
all garrottedbefore
persistedin their faith, yet they were
burning.3
of pertinacity
from the death
A largeportionof the cases
arose
of those who did not ask on the death-bed
in prison,
duringtrial,
and who had no opportunityof
for the consolations of religion,
obtainingmercy by conversion. Thus in the Granada auto of
six were
of those who
May 13,1725,out of seven burningsin effigy,
treated harshly,for
had died in prison.4Suicide in prisonwas

In

Simancas

tells

convicted

and

and

us

that the suicide is to be

condemned

as

fully

fessed
even
though he had previouslyconimpenitent,
professedrepentance, to which Rojas adds that,

Bibl. nacionaJ,MBS., R, 128.

Ibidem, R, 118, p. 35.

Ibidem, Pp, 67-10, fol. 101.
Royal Library of Berlin,Qt.

8
4

9548.

is to
althoughhis effigy

[Boos VII

STAKE

THE

198

burnt, his heirs are

be

allowed to prove

insanity,difficultas that is.1

man
negativo"the

The
what

competent testimony of guilt"was

deemed

was

denied his heresy in the face of

who

classed

as

impenitentheretic and doomed to relaxation. This was the

inevitable logicof the Inquisition,
althoughit led to the most
tragicof all situations" that of being tortured to death in honor
It was
under the
impossible,
of the faith which the sufferer held.
heretic to escape merely
inquisitorial
system, to allow a possible
affirmed his orthodoxy, and yet when
because he unflinchingly
asserted it up to the brasero, knowing that it would not
a man
in him a true believer
not to recognize
avail him, it was impossible
who
would not save his body at the expense of falselyconfessing
an

in the Granada
auto of May
apostasy. Three such there were
burnt alive.2 Such
and consequently
27, 1593, burnt as negatives
true

were

men

constructionistsdenied
as rigid
martyrs, especially

in their last moments.

At the
consolations of religion
in this
Toledo auto of October 28, 1723, Diego de Quiros was
and a Jesuit who heard him in sacramental confession
position,
them

the

severelycensured for doing so while

was

Again the questioncame

his innocence.

of

auto

Fernando

July 1, 1725.

and was
impenitent"negative
and the convict
With

de Castro

sentenced

of the heat the execution

account

cries he

in
persisted

he

was

earnestlybegged

the frailes in attendance

in the Toledo

relaxed

was

as

burning alive.

postponeduntil

was

meanwhile

to

up

taining
main-

placedin

the

for sacramental

declined unless he

an

On

the afternoon,

publicprison.

confession,but

should

admit

his

refused to do, asserting

the witnesses
heresy,which he steadfastly
and the judgement unjust. At this juncturethere
to be'perjured,

yieldedto

the

despairing
appealsof the
whereupon the judge
poor wretch and heard him in confession,
of modifyingthe sentence to preliminary
took the responsibility
The frailesloudly rebuked the Jesuit,and were
strangulation.
of the promised spectacle
of
joinedby the public,disappointed
the burning alive of a fellow-creature. Considerable debate followed
Candido Mtinoz wrote an argument
and a priestnamed
the Jesuit,but his labor was
superfluous
justifying
for,while his
came

Jesuit father who

Simancse

Bibl.

Enehirid.

Tit. LXII,

nacional,MS",

n.

10."

G, 54, fol. 249.

Bojas

de Hseret. P

n,

n.

183-4.

CHAP.

IV]

tract

was

THE

in the

October

NEGATIVO"THE

press,

the

llth,orderingthat

the confession and

DIMISUTO

Suprema issued
in such

were

it

Thus
the

Such

of

been

may

martyrdom is the

could

cases

no

attend the convict to the last.1

sacraments, probably,we

the blood

not

have

in which

numerous

aeordada,

the

left to this late date to admit

was

carta

priestshould hear
or
position
not, accordingto the disbut the appointedtheologians
one

cases

confer absolution

manifested,but in future
to

199

the

assume,

most

on

dying victim

to

the doctrine that

efficaciousof all sacraments.

been

but those must

have
common,
the unjustlyconvicted negative found

his resolution

give way at the approach to the brasero and, in

order to escape
burning alive and to obtain the sacraments,
falselyconfessed to having entertained heresies which his soul
abhorred.

There
"

not

also the

was

diminuto,who

satisfythe evidence"

A confession that

and

not full was

was

made

thus

was

held to be

regardedas

impenitenceand therefore entailed relaxation.

under

early Edicts of Grace, any

the

confessions

construed

confession that did

imperfect.
it inferred
fictitious;
We

omissions

have

seen

how,

in the hurried

jecting
renderingthem imperfectand suband relaxation.
the penitentto prosecution
Especially
was
imperfectdenunciation of accomplices
regardedas diminudo;
in evidence againsthimself
if the accused confessed all that was
and omitted the acts of accompliceswho
were
proved to have
been with him, or if he named
only those who were absent or
it was proofof malice and impenitence;
dead or alreadyconvicted,
he was
not truly converted and was
subjectto relaxation after
torture

in

was

as

caput alienum?

The

denial of heretical intention in

frequentin those againstwhom Judaic

customs
were
or Moorish
proved,constituted the accused a neganuto,
which is intention,
tivo in the substantial part of heresy,
or a dimiopinion,impenitence
implying,accordingto the common
de Palma,
relaxation.3 Thus Hernando
and pertinacity
involving
Moorish ceremonies,
and conducting
accused of teaching
a Morisco,
denied and overcame
severe
torture,whereupon the consulta de fe
acts

which
confessed,

Candido

acerca
Mtifioz,Question theologico-moral

del Reo

218b, p. 361.

Copenhagen,
Royal
" 6.
national,MSS., V, 377, Cap. iii,
544*
Archivo
(Lib. 10).
de Alcala,Hacienda, Leg.

1725)." MSS.
3

was

Bibl.

of

Library of

de

fe,etc. (Madrid,

HERESIARCHS

IV]

CHAP.

Geneva

in

Servet

for

201

persecuting
rigorand that,if Calvin in 1553 had burnt
he could be equallyzealous for
denying the Trinity,
By the bull Cum

the faith.

quorundam he decreed that all who

the divinity
of Christ,
denied the Trinity,
his conceptionthrough
the Holy Ghost, his death for human
the perpetual
or
salvation,

of
virginity

the

abjure their

and

maintain

should

Virgin,and

did not

errors

within three

those

should
heresies,

relapsed and

were

who

such

as

confess to

inquisitors

months, and all who

should

be treated

be

as

forthwith

in future

though they

relaxed

to

the

Having thus extended the catalogueof unpardonable

h
e
was
to
heresies,
quiteready
grant the additional powers
the
Spanish Inquisition.By a brief of January 4,
sought by

secular arm.1

1559,he bestowed

the

and Suprema
inquisitor-general

faculty
to relax all heresiarchs and other heretics,
even
though they were
and though they desired to abjure their heresies,
not relapsed,
believed

it was

when

sincere but

not

fact,no

on

only to

was

than the power

it,as we shall see

heretics,such
de

Leon

and

errors

It thus

as

relaxed

Cazalla

had

sought reconciliation in advance

became

in

1484,

uous
conspic-

some

at Valladolid

Seville,
although they

at

was,

in the Instructions of

were
hereafter,

Doctor

abjuration
was

punishment.2 This

escape

assumed

more

but under

Ponce

with verisimilitudethat the

and

renounced

of the autos

Juan
their
de fe.

in inquisitorial
that
principle
jurisprudence
and Suprema could relax clogmatizers,
spective
irrethe inquisitor-general
of pertinacity
or
relapse.3This was not confined to
About 1600, the Suprema had to decide the case of
Protestants.
accused of being a teacher of Islam,who cona Morisco
fessed
alfaqui,
to teachinghis wife but denied other proselytism.A consulta presentedto the Suprema argued that,althoughby law a
a

Roman, I,821, On the plea that such heretics claimed exemption

from this on the ground of ignorance,Clement VIII, February 3, 1603, renewed
in perpetuitythe act of Paul IV." Bullar. Ill, 160.
and confirmed
Although the Spanish Inquisitionpreserved these decrees in its collections
1

Bullar.

"

it does not

seem

acted

to have

on

them.

In

One

sion in

monastery; the other

severelytreated with
Valencia,Leg. 31.
2

90,
3

de la Orden

Bulario
p. 252."

Archivo

Cap. ix, "

ten

3."

were

two

cases

in

Virgin.
only reclu-

of the
"virginity

reconciled with

of

Sobrino,a fisherman of Naples,more

hist, nacional, Inq. de
galleys. Archivo
"

Santiago,Lib. 3H, fol. 63. Bibl. nacional,MSS., H,

Simancas, Inq.,Lib. 930, fol. 26.
Simancas, Inq.,Lib. 939, fol,119." Bibl. nacional,MSS., V, 377,
Archivo
de Alcala,Hacienda, Leg. 5442 (Lib. 4).

Archivo
de

the

Pedro

was

years

there

1568

other errors, denied

of heretics who, among
de Vidosa,who was
of these was
a Gascon, Bernat

Valencia

de

de

"

yet, if he spontaneouslydenounces
for his
is sincerely
repentant, he can be reconciled,

and

and

conversion
has

VII

be relaxed

dogmatizermust
himself

[Boox

STAKE

THE

202

humilityserve

as

In the

misled.

he
example to those whom
however, the alfaquihas only

an

present case,
and to save
confessed partially
himself,wherefore

he

should

be

Suprema assented.1 Yet this severity

had exceptions.In the Seville auto of July 5, 1722, Pedro de
had five
Alpuin,reconciled with perpetualprisonand sanbenito,
of Moses,
added for being a teacher of the Law
years of galleys
relaxed

and

and

"

these

even

this the

to

were

remitted in consideration of his infirmities.2

the most

Relapsewas

of

fruitful source

at least after
relaxation,

had exhausted itself. It has been

the firstrage of the Inquisition
de vehementi,
alreadystated that,after reconciliation or abjuration
held to indicate that the conversion had been
was
backsliding
and
that the culprit
was
impenitentand pertinacious,
fictitious,
without hope of
to the secular arm
that he was
to be abandoned
of the canon
law.
The
This was
an
unvaryingprinciple
mercy.
Suprema, in a case brought before it,in 1536, declared that it
and therefore
for that which the law enjoined,
could not dispense
it was
powerlessto relieve the relapsedfrom his punishment.3
is equallyemphatic the relapsedis to be condemned
Simancas
without hope of pardon.4 In the firstaudience of the accused,
the inquisitor
was
requiredto tell him that,if he would discharge
with speed and mercy
his case would be despatched
his conscience,
the word mercy
to be omitted
was
but, if the charge was relapse,
any

"

because

no

could be shown.5

mercy

of

was

avail;the law

no

severitywas
given to relapse.The
for any

unconscious

convict

him.

About
with

communicating
relapsed,and all

3
3
*

reconciled

return

1500

was

by

to ancestral habits

the

coming

implacable.6

to walk

were

warily,

sufficientto

was

Suprema decreed
heretics

that
to

penitents

be

before the tribunals

held
was

Simancas, Inq.,Lib. 937, fol. 199.

Royal Library of Berlin,Qt. 9548.
Archive de Simancas, Inq.,Lib. 939, fol. 121.
Archive

fession
con-

the elastic definition

penitenthad

unreconciled

evidence

prompt and full

absolute and

greatlyenhanced

This

Even

de

de Cath. Instt. Tit. LVII, n. 3.

Garcia,Orden de Processar,fol. 11.

Simancae

Pablo

Miguel Calvo (Archive de Alcala*,

Hacienda, Leg. 5442, Lib. 4).

as

to

RELAPSE

IV]

CHAP.

203

be scrutinized for
of those

proofthat would justify

prosecution evidently
chance
to be incidentally
in it and
named
might

who

"

"

then, if this proved insufficient for conviction,any admission of

the accused,not contained in his former confession,
could be used
him

to condemn

as

fictitious
convert.1

How

this

was

construed

learn from Simancas,who says that he is considered

we
practice,
who, after abjuringheresy,talks -with heretics,
a relapsed
or visits
presents to them, or favors and communicates
them, or makes
in

with

them, so that he

of his

heresy.2 The

who

man

unceasingdanger that,at
convicted

be tried and

but be held to do it as

cannot

had

moment,

any

his

and

been

consequence

reconciled thus lived in

acquaintancemight

some

might occur in the evidence

as
being on good terms with him.
Safety,indeed,could only be
himself from his family and his
secured by resolutely
isolating
name

race.

It

the

same

with those who

we

have

seen

had

onlyabjured for vehement

suspicion.The Instructions of 1561 declare absolutely
that,if
they confess or are convicted,they must be relaxed,for the inquisitors
to
reconcile
have no
them,^althoughthey are not
power
relapsed.3
trulybut only fictitiously
there were
some
exceptions. Self-denunciation for relapse,
Still,
it was
admitted, requiredrelaxation under the law, but it was
argued that such second confession was not reallya conviction,
that the penitentwas
not incorrigible
for it showed
and should
must have been exceedingly
be admitted to mercy.4 Such cases
was

rare, but

in that of Ursule

one

de la Croix

(Vol.II,

572) where, it will be remembered, a third self-denunciation

p.

visited with the stake.

was

Moriscos
conversion
of

enjoyed a special
exception.The
of the Moors

of Castile in 1502

Aragon in 1525, filledthe land

wholesale

and

enforced

of the

kingdoms
with nominal Christians,
whose
than subjecting
them
to the

baptism served no other purpose

their
Inquisition.They were largelyvassals of nobles,to whom
and to subjectwhole populationsto
services were
indispensable,
inevitable was
of a relapsewhich was
the penalties
a
prospect
1

Archive

de Simancas,

Simancse

Instrucciones

toe. tit.,
n.

Inq.,Lib.

933.

4.

de 1561, " 41

(Arguello,fol. 33).

Elucidationes S. Officii,
" 23 (ArcMvo de Alcala,Hacienda,Leg.5442,Lib. 4).~
Alphonsi de Castro de justa Hseret. Punitione Lib. n, cap. 2. Bibl. naeional,
*

"

MSS.

V, 377, Cap.

EC, " 1.

THE

204

[BOOK

STAKE

VII

In
might well staggerthe statesman if not the churchman.
law, escape from this was to be
the unsparingrigorof the canon
sought only in Rome and, in March, 1510, Ferdinand asked for
of relapse.1
bull enablingthe converts to avoid the penalties
a
followed by numerous
doubtless grantedand was
The requestwas
issued during the remainder of the century, which
papal briefs,
to appoint
bore the shape of empowering the inquisitors-general
with secret
to absolve Morisco penitents
confessors with power
if they had relapsedrepeatedly,
absolution and penance,
even
to proclaimterms of grace, during which absolution could be
or
the futility
with other devices,
of relapse,
had irrespective
together
that

of all which

we

shall

see

hereafter.2

of the many
attemptsto solve the increasing
difficultiesof the Morisco problem, and its only relation to the
This

but

was

one

when
is to prove how
easily,
Inquisition
law
the unsparingcrueltyof the canon
sufficient motive existed,
conceive how
could be set aside. Under that law, we can readily
largea portionof the executions were due to relapse. Details
but the later records
as to the earlier periodof activity,
are lacking
sufficientto indicate how efficientan agent it was in procuring
are
In the great Madrid
auto of 1680, there were
victims.
eighteen
for relapse,
ten were
six
Judaizers relaxed in person, of whom
and two for denial or imperfectconfession.3 In
for pertinacity
the terrible Mallorquinautos of 1691,all the relaxed
thirty-eight
in
condemned
for
and
having
in person
seven
effigy were
relapse,

generalpolicyof

the

"

"

reconciled in

been

alive

1679, and

At
pertinacious.4

as

Judaizers

eleven

of the

was

the

case

burnt
only three were
auto of January 31, 1723,

the Granada

relaxed,all

Cordova, April23, 1724,seven

same

of these

out of

relapsed;at that of
and the
eightwere relapsed,
were

with all of the six relaxed in the Cuenca

July 23, 1724.5 In these last three autos only one person
the rest all professed
contrition and conversion
pertinacious;
of

would
had

case

ArcMvo

rigorin the treatment

this
alreadyalluded to exemplifies
de

was

and

escaped with reconciliation instead of strangulation

it not been

have

auto

for the

of
and

relapse.
is worth

relating

Simancas, Inq.,Lib. 3, fol. 72.

Ibidem,
926, fol. 49, 53, 57, 63, 67." Bulario de la Orden de Santiago,
Lib. II, fol. 79; Lib. Ill,fol. 88, 109." ArcMvo
de AlcaM, Hacienda,Leg. 1049.
3
del
Relacion
Olmo,
Auto, pp. 252-62.
4
Garau, La Fee triunfante,
pp. 65-112.
5
of
Royal Library
Qt. 9548.
Berlin,
2

Lib.

in

RELAPSE

IV]

CHAP.

if only for its psychological

interest. Fray Joseph
detail,

some

Diaz Pimiento
He

205

bred

was

licence

born in

was

to

the Church

pervadingthe

Old Christian parents,in 1687.

his life was
an
example of the

Cuba, of
and

colonies.

He

drifted around

the shores

of

adventures.
Caribbean, involved in all kinds of disreputable
In Mexico, he forgeda certificate of baptism in order to obtain

the

under

ordination

age.

conversion

In the Dutch

to Judaism

and

was

colonyof Cura^oa,he professed

in
the
circumcised,
hope of

gettinga few hundred dollars from the Jews. After incredible

of Cartagena
hardshipshe fell into the hands of the Inquisition
de las Indias,where he recanted,
reconciled and was
was
sent to
While confined in the episcopal
Spain for reclusion in a convent.
prisonhe broke gaol,but was captured at Xeres,and was put in
where he endeavored
to get assistance
a convent, heavily
fettered,
New
Christians who were
under suspicion,
from some
but in this
he failed,
although to excite their compassion,he wrote to the
that he was
commissioner of the Inquisition
Then again
a Jew.
he escaped and fled to Lisbon, where he worked
for a Dutch
who promised to carry him to Holland, whence
he
ship-master,
sail
for Jamaica.
Then a sudden impulsetook possession
could
where he presentedhimself
of him, which carried him to Seville,
to be a Christian but,
to the Inquisition,At firsthe professed
after a few days, he told the alcaide that he was
in
a Jew, and
this he persisted,
sarily,
stubbornlyrefusingto make defence. Neceshe was
condemned
to relaxation in the auto
as a relapsed,
of July 25, 1720, and, duringthe three days priorto the auto, all
and pietyof Seville were
enlisted in his conversion,
the learning
while prayers for his soul were
put up in all the churches.
another revulsion and, after two days,he announced
came
the grace

of God

had

touched

him, and

that he

was

Then
that

Christian.

this would have saved him; as it was, it only

relapse,
and this he sought
obtained for him preliminarystrangulation
to rejectfor,at the stake,he begged to be burnt alive in order to
But

for his

prove

that his conversion

fear.

This

him

usual.

The

as

reduce

the

stench

was

have

body

to

absent.

the ashes to

but
Christian,

the result of conviction and

not

of

permitted,and the deputy assistente

and burnt,and his ashes scattered
to be garrotted
pilewas fired at 5 P.M. ; it took until day-breakto

could

sentenced

was

the

not

be

ashes,and it was
Then

observed

the Hermandacl

that the customary

de la Caridad asked to

Christian burial,as he had

assistente refused and ordered them

give them

died
to

be

TEE

206

[BOOK

STAKE

in obedience to the
scattered over the fields,
constitutions" all of which,we
apostolical

VII

royalpragmaticasand
are

told,was

done, to

great honor of the holy Catholic faith.1

to the
the canons
that prohibited
mercy
Yet, notwithstanding
the
the inquisitor-general,
from
relapsedand withheld, even
(p. 148), are
to pardon, cases, as has been stated above
power

the

admitted to a second
in which the relapsedwere
infrequent,
reconciliation. Even as earlyas 1486,we hear of Micer Gonzalo
family of Burgos,who was
de Santa Maria, of the greatconverse
and who
died,not at
finally
thrice penancedby the Inquisition
not

of perpetualprison.2
under a sentence
stake, but in "gaol,
Some
scatteringcases of penances subsequent to reconciliation
1491 and 1502, mingled with others
at Barcelona between
occur
inflicted,
though no
in which the full penaltyof relaxation was
are
allegedfor the distinction.3 In 1511, at Cuenca,
reasons
the

Rodriguezwho had been reconciled in time of

In the later
Grace, were reconciled againfor fresh delinquencies.4
more
frequently,
benignityoccur
period,instances of the same
enough to show
althoughaccompanied with punishment severe
far
was
persistency
that the trivialevidence required to prove
exceeded.
Thus, in the Toledo auto of December 27,1654,Gaspar
observer of the Law of
sentenced,as a relapsed
de los Reyes was
Moses, to abjure de vehementi,to six years of galleysand a fine
of a thousand ducats,while his wife,Isabel Rodriguez,and his
had the same
sentence,save
mother, Maria Lopez,both relapsed,
ducats
and the fine was six hundred
the galleys
that exile replaced
that of Manuel
unusual case was
A more
Rodriguez Moeach.
in the Toledo auto of September
who was relaxed for relapse
reira,
There is even
offer of mercy.
an
an
8, 1704, after rejecting
citra
instance,December 8, 1681, of a sentence of reconciliation,
this is
pcenam relapsi without the punishment of relapse but
Diego de Castro,who
explainedby the tender age of the culprit,
Leonor

and

Juana

"

"

was

but ten years

Remembering
sometimes

old.5
the

fines were

that
prudent intimation given to inquisitors
the heavy
than confiscation,
more
productive

Seccion especial,
SigloXVIII, Letra
Municipalde Sevilla,
A, Tom. 4, n. 54." Bibl. national,MSS., R, 128.
2
Libro Verde de Aragon (Revistade Espafia,CVI, 254).
3
Carbonell,op. at. (Col.de Doc. de la C. de Aragon, XXVIII, 62, 141, 152).
4
Proceso contra Fray Luis de Leon (Col. de Doc. ine'd,
X, 158-61).
6
Archivo hist,nacional,
Inq. de Toledo,Leg. 1.
1

MSS.

del Archive

CHAP.

IV]

RELAPSE

mulcts inflicted

the

on

207

relapsedwho

admitted

were

to

mercy,
financial reasons, in

suggest that

possiblythere may have been

have seen
the number
special
cases, for benignity.We
for relapsein the Mallorquinautos of 1691.
these there

were

who

in 1679

not

were

relaxed

but

fines rangingfrom one

including
in all sixty-five
hundred
in this

of those who

twenty-two cases

of

cutions
exe-

Besides

had been reconciled

penanced in various

to five hundred

ways,

and
libras,

gating
aggrelibras.1 It is difficultnot to nize
recogspeculativeexercise of rigoror mercy.

eighteenthcentury wore
that the
seem
on, it would
of
relaxation
canonical penalty
to be enforced only on the
came
refused to confess and beg
or
relapsedwho were
pertinacious,
As

the

In the Yalladolid auto

for mercy.

three illustrativecases.

Luis

of June

13, 1745, there

de la

who

somewhat

doubtful

had

are

Vega,
ciled
reconwho persisted
as an
1701,was
impenitent
relapsed,
his
reconciled in 1699, and
in denying
guilt.Miguel Gutierrez,
admitted againto reconFranciso Garcia,reconciled in 1706,were
ciliation,
with irremissibleprisonand sanbenito,
ten years of galleys
relaxed

in

hundred

and two
sentence
canons,

It

been

was

lashes

"

the
justifiable,

offence

mercy

but, if the

unquestionablyunder

the

called for relaxation.2

was

only in

formal

heresy that relapseentailed

relaxation

for,as we have seen, the stake was reserved for heretics. Where
in bigamy, blasphemy, solicitation
as
heresy was merely inferential,
in the confessional,
readingprohibitedbooks, and other
offences reserved to the Inquisition,
relapsewas treated only as

punished with such additional severityas

the circumstances
might indicate. Even relapsein the crime of
without being in orders,which the
the sacraments
administering
of heresy,
visited
treated as the equivalent
was
Roman
Inquisition
in somewhat
in Spain only with the ordinarypenalties
rigorous
with
a
Thus Juan Vicente Esquirely Morales
man
measure.
of aliases who had been a foot-soldier was
penanced
a number
i
n
He
in
1727.
persisted his evil
for this offence at Granada
courses
and, in the C6rdova auto of March 4, 1731, he was
to
aggravation,

an

be

"

"

forbidden

hundred
1

wear

lashes and

clericalgarments and
ten

years

of

was

sentenced

to

two

galleys.3

Garau, La Fee Triunfante,pp. 39-42, 114-22.

Royal Library of Berlin,Qt.,9548.

" 19 (Archivo de Alcald,Hacienda,Leg. 544,3Lib. 4).
Elucidationes S. Officii,
de Fe de Cordova, p. 270.
Matute
y Luquin, Autos

2
8

"

to

CHAPTER
THE

of Faith

Act

THE

Spanish Holy

"

the

V.

AUTO

DE

Auto

FB.

cle Fe

"

the

was

by which

name

Office

the Sermo of the Old Inquisition.

dignified
In its full development it was
elaborate
an
public solemnity,
for the mysterious authority of
carefullydevised to inspireawe
and to impress the population with a wholesome
the Inquisition,
of heresy,by representing
in so far as it could the treabhorrence
mendous
drama
of the Day of Judgement.1 It was
regarded as
the
an
eminently pious duty. Ferdinand, in 1499, congratulating
inquisitorsof Saragossa on the reports of their autos, and the
consequent edification of the people, exhorts them to continue
the

to

God

serve

similar mood
to

Sermo

to

Cardinal

celebrate

God,

and

commenced

and

from

the

sermon

1517, urged

with

his.

the tribunal

possiblefor, besides

as

derived

was

Adrian, in

consciences

early as
greatlyedify the people.3 The

one

it would

dischargetheir

the

of

In

Sicily

service

to

old

which

of
designation
the proceedings
but
inquisitors,

originallypreached by one of the

who dilated on the supreme
eloquent fraile,
subsequentlyby some
nating
importance of preservingthe faith in its purity and of extermigence,
heresy and heretics. To insure a largeattendance,an indulusuallyof fortydays, was granted to all present at the pious
"

work.

height of its power the Inquisition

spared no labor or
to lend impressivenessto the auto
general,as a
jniblico
expense
with which
it
of its authorityand of the success
demonstration
In the earlier and
busier period,the
performed its functions.
work in hand.
exhibition was
simpler,and confined to the practical
celebrated in Toledo, August 16, 1486, the
Thus in the first one
tied with
victims were
foot to the plaza,their hands
marched
on
the breast,wearing sanbenitos of yellow linen with
ropes across
their names
and the inscription
"herege condenado," and bearing
At

the

VOL.

P"raino,

Archive

in

p.

597.

de Simancas, Inq. Lib. I: Lib.

14

933,

p.

551.

( 209 )

mitres
on

staging,while

stagingopposite.The sentence
were
numerous,
althoughthe culprits

another

6 .V.M.,was

brasero

by

over

of each

one

was

or

confined

in the smaller

hear of them

to

exhibition

the seats of the tribunals.

towns, and, from

letter of

that the convicts

21, 1498, it appears

November

at

stake,to the exclusion

otherwise penanced.1 The autos of the period,

not

were

moreover,

and,

to the

consisted only of those condemned

of the reconciled

read

carried to the

were

quemadero for burning. Apparently the

or

tiers

commencing
affair,

the

the convicts

when

noon,

ranged in

were

VII

their officialsoccupied

and
inquisitors

the

[BOOK

FE

plaza they

In the

their heads.

on

DE

AUTO

THE

210

were

We

Ferdinand,
distributed

where
the celebration and execution,
bishoprics
though on a minor scale,would bringthe terror of the Inquisition
home
to the people.2 By
directly
and the danger of heresy more
their several

to

1515, however, we
for
tribunal cities,

were

centralized in the

of that year

orders the tribunal

that

assume

may

royal cedula

to confine its autos to the

of Murcia

they

cityof Murcia and

not to celebrate

desired to render them

evidently
further accomplished,
about the
and this was
more
impressive,
in them
all penitents
to appear
for,in
time, by requiring
same
the tribunal of Navarre
1517, we find the Suprema instructing
not to be made
de levi were
privately,
that,in future,abjurations
in Orihuela.3

them

It

was

to be celebrated with all

public autos, which were
for appearance
in an auto
solemnity.4There was crueltyin this,

but

in the

was

in itselfa
autos

enabled

those

quently
punishment,and we shall see that subseautos, were instituted which
particular
es, or private
offences to escape without public
guiltyof lighter
severe

humiliation.
Thus
which

far autos

were

celebrated them

held

at the

whenever

discretion of the

there

was

an

tribunals,

accumulation

of

prisons. A consulta de fe
would be assembled,the sentences would be agreedupon, and a
day would be appointed. It probably was not often that any
external interference was
apprehended, as at Cuenca, in 1520,
where the tribunal had so excited popularpassionby arresting
in some
collision of jurisdictions,
the deputy corregidor,
that it
the corregidor
was
obligedto procure a royal cedula instructing
relief to the
finished trialsrequiring

1
3
3
*

Relacion de la Inquislcion
Toledana
Archive
de Simancas,Inq.,Lib. I.

Ibidem, Lib. 979, fol 38.

Ibidem, Lib. 72, fol. 73.

(Boletin,
DC, 300),

CHAP.

IMPOSING

V]

SOLEMNITIES

211

to be impeded in the performance

permit the inquisitors
their functions.1 Gradually,however, in this,as in so much
to

not

of

else,the Suprema assumed

1537, when

in

seen,

it should

be

control.

it ordered

leave

as

It could not have

of Cuenca,
Inquisitor

the

3d, for
auto, as

an

Suprema

of this is

commencement

that,whenever

apprised before

Instructions of 1561

permissionof the

else,but

one

any

auto

an

yet the determination

been

was

posed,
pro-

the

even

with the tribunals.2

longafter

this,however,that the
requisite
for,in 1585, we find

became

Ximenes

cle Reynoso, writing,

September

decision of certain cases, and

there were
thirtypenitents,
many
a

for
of

authorityto hold
whom
being poor

charge on the fisc. The Suprema delayed its answer

and,
sent
October
a special
on
14th,Reynoso
courier,
askingthe reply
to be returned by him; the auto was
for the benefit of
necessary
the sick prisoners,
as there was
a pestilence
raging,and also for
the relief of the treasury; it was
only by specialentreaty that the
a

were

receiver had paid the expenses

funds.

no

were

This

of the last month, sayingthat there

brought a speedy

Finally,the customary
permission.3
to send

the

cases

routine

in readiness

and

the desired

for the tribunal

was

to ask for licence to

auto; if the Suprema

approved,it ordered the auto

celebrated without delay. Apparentlyin the active work
effort to regaincontrol
an
century there was
eighteenth

hold
be

list of the

with

answer,

an

the matter, for a carta

auto be held without

acordada

of June

5, 1720, orders that

advisingthe Suprema

and

to

of
of
no

awaiting its

commands.4

publicautos became less frequent,they lost the simplicity

of the earlier periodand grew to be imposing demonstrations of
Possession was
taken of the
the authority of the Inquisition.
were
erected,
principal
square of the city,and two vast stagings
and their ghostlyattendants,and the other
for the penitents
one
with their officialsand all the ecclesiastical
for the inquisitors
As

and

secular

houses

The

while
authorities,

the

windows

filledwith the notables of the

were

of the

in
and magistrate,
of prelate
participation

was
spectacle,

to take their

compulsory,for though,as
of quarrel
were
causes
places,

de Simancas,

Inq.,Lib. 4, fol. 9;

Archive

Ibidem, Lib. 939, fol. 121."

Archive

MSS,

Instrucciones

the

processionsand

rule,they were

too

frequentand

proud
bitter

Lib. 5, fol. 24, 29.

de

1561, "

77

Simancas, Inq.,Leg. 1157, fol. 154, 155.

213 fol.,
of Royal Libraiyof Copenhagen,
p. 126,
de

surrounding

placeand their families.

(Arguello,fol. 37).

[BooK

FE

DE

AUTO

212

THE

not

to render them unwillingthus

occasionally

to do honor

VII

to their

In I486, the local authorities of Valencia

reported
themselves from an auto and, when this was
in future
and ordered them
he rebuked them

imperiousadversaries.
absented

Ferdinand,
always to be present,for nothing was

to

About

1580, a royalcedula

repeatednot infrequently.

had to be

Similar commands

of God.1

to the

important as the sendee

so

of Majorca
viceroy and officials

to the Inquisition,
weight of their authority
to the
in the procession
by accompanyingthe inquisitors
to their palace. In 1588,
staging,and then conductingthem back
order
of Castile issued a general
the President of the Royal Council

instructs them

to all the

to lend the

judgesof

the

royalcourts

were
and, in 1598, the inquisitors

the attendance of

processions

in the

to march

empowered to compel by
all publicofficials.3

on
great occasions,was
staging,
questionof defrayingthe expense

The

communicat
ex-

and
costly,^

elaborate and

variously decided.
it,in Cuenca, by requiring
In 1553, we find the Suprema settling
These two cities
customary in Toledo.
the cityto erect it,as was
elsewhere it was
paid
and Madrid remained chargedwith it,but
Madrid auto of 1632, PhilipIV
by the tribunals. At the great

the

ordered the cityto construct the

stagingin conformitywith plans

by his chief architect,and the

drawn

in that of 1680, where

structure erected under

high rank, who

we

the

was

long details

have

was

course

same

of the

followed

complicated

of commissioners
superintendence

esteemed the duty

to

be

an

of

honor.3

should be present,and a
essentialthat both inquisitors
forbidden to celebrate a publicauto in the
was
singleinquisitor
absence of his colleague.The day selected must be a feast-day"
It

was

It
in order to insure a largerattendance.
a Sunday"
ordinarily
of spiritual
diction,
jurissometimes chanced,however, in the eccentricities

day appointed
had to yield. In 1582 the
and, in such case, the Inquisition
Suprema instructed the tribunals that,when this occurred,they
but,
should endeavor to have the interdict liftedfor the occasion,
must not assume
if those who had cast it refused,the inquisitors
that the

Archive

"

Archivo

citylay under

an

interdicton

fol. 91.
gen. de la C. de Aragon, Regist. 3684,
fol.
Lib.
Lib.
2;
926, fol. 326-50; Lib.
de Simancas, Inq.,
10,

foL 222; Lib. 939, foL 126"

MSS. of

p.
Royal Libraryof Copenhagen,213 fol.,

Inq.,Lib. 939, fol. 123." Archivo

Leg. 473." Juan Gomez de Mora, Auto de la Fe* celebrado
de 1632, "" 4, 5," Olmo, Relacion del Auto, pp. 30-44.
3

Archivo

the

de Simancas,

de
en

937,
126-

Alcala,Hacienda,
Madrid

este afio

CHAP.

POLICE

V]

to liftit of their

do the best

POWER

OF

THE

and
authority,

own

TRIBUNAL

must

postpone the

auto

or

they could.1

In all other respectsthe

of the situamasters
inquisitors
tion.
were
Repeated royal cedulas,
in
commencing
1523, addressed to
the authorities of the cities,
made
the inquisitors
virtual rulers
for the time.
They were authorized to erect stagings
in the public
to regulate
the policearrangements of the towns, and even
plazas,
to assignto the secular and clerical officials
such seats and precedence
as

when

they

PhilipII

windows

saw

fit. The

empowered

climax
them

would

appear

to be

reached

to distribute at their will the

of the

privatehouses overlooking
the scene.
Against
this,in 1595,the presidentand judgesof the Audiencia of Granada
begging that house-owners should be allowed to rent
protested,
their windows, and pointingout the hardshipof a gentleman of
high degreesecuringthe use of a window for his family,and being
turned out because the inquisitors
chose to giveit to a notary for
the use of his wife.
Philip,
however,held good, except in so far
that he gave the inquisitors
instructionsto have special
consideration
for the houses of the judgesand alcaldes.3 How
the tribunals
exercised the policepower thus conferred on them is exemplified
in the Seville auto of September 24, 1559, when they forbade any
midnightand the close of the solemnity,
one, between the preceding
in the city,under penalty,
ride on horseback
or
to carry arms
for common
folk,of a hundred lashes,and for gentlemen,of
forfeiture of the horse or mule,thirtydays of prison,
and a fine
of

fiftythousand
Numerous

maravedis.3

relations

are

extant,in printand in MS., of the great

generates,
givingin more or less detail the elaborate
publicos
in the effort to render impressive
ceremonial which
developed itself,
these crowningmanifestations of the pietythat regarded,
extermination
of those who
as the highestservice to God, the
to their own
consciences.
in worshippinghim according
persisted
with time and place;
These show that fashions varied somewhat
and we
ably
prefermay
they give the pointof view of the spectator,
take as our
guide a memoir of the seventeenth century
to the custom
of Toledo,
showing the internal machinery,according
autos

de

Simaneas, Inq.,Lib. 939,

ArcMvo

Ibidem, Lib. 926, fol. 313-25.

Ibidem, Hacienda, Leg. 25.

fol. 123.

DE

A TJTO

THE

214;

FE

[BOOK

The minuteness
succeedinginquisitors.1
shows what importance was attached
of the rules prescribed

up for the instructionof

drawn

imposing and
renderingthe spectacle

to

VII

subordination of the civilpower, while the

placeof

the exact

body of

care

manifest

taken to

men

the

designate

indicates how

authoritygrantedto the tribunal in these

the

was

or

man

every

making

to

less
fruit-

matters

as to precedence. At the great

prevent the inveterate quarrels
Madrid auto of 1632, the Franciscans,indignantat the position
retired
after lively
altercation,
assignedto them in the procession,
them.
to their convent, for which the Suprema prosecuted
sullenly

to

were
squabbles
undignified

These

so

much

matter

of

that

course

author,in describingthe reportto be made to the Suprema,

that a place must be reserved in it for them, and for the
assumes
our

which

reasons

When

governedthe

tribunal in its decisions.

sufficientfor

cases

an

auto

have

bunal
accumulated, the tri-

Suprema, which orders it to be held.

which should be at
determine on a feast-day,
the inquisitors
reportsthem

Then

to the

givesufficienttime for the preparations.

a
nd
the
dean
of the
the
Word is then sent to
corregidor
their respective
bodies at nine o'clock
cathedral chapterto convene
the next morning, to receive a communication from the Inquisition
of the higherofficials,
with
hour, some
and, at the appointed
to them and to the bishop the expectedcelebration.
announce
familiars,
least a month

in order
off,

Then

in due

to

time mounted

familiars and

with
notaries,

and trumpets and clarions and the standard of the

and at stated
in procession
move
throughthe streets,

drums

Inquisition,
places

all
proclaims"Know
dwellers in this citythat the Holy Office of the Inquisition,
for
the gloryand honor of God and the exaltation of our holy Catholic
faith,will celebrate a publicauto de fe at such a placeon such a
a

bell-man

ringsa

bell and the town

crier

day."
No

time

is lost in

Commissioners
are
making preparation.
for the erection and ornamentation of the staging,
and
appointed
is providedfor the candles in the procession
of the Green
wax
Cross

on

and the

the

evening before the

parishchurches

and the auto.

are!

auto.

Ail the Mendicant

invited to take

Letters of convocation

are

Orders

part in the procession

despatched,
summoning

all familiars,
notaries,
commissioners,consultores and calificadores
of the

under penalties
district,
and

Archive

de

censures,

to come

Alcald,Hacienda, Leg.

473.

on

the

day

CHAP.

V]

PEEPAEATIONS

previousto

the

to assist the

are

selected and
of
to be

processionof the Green

condemned

notified.

ell in

an

215

duringtheir

last

The

who
frailes,
night on earth,are

Corozas

height)are

relaxed,and

Cross.1

in the

(conicalmitres,about three quarters

ordered,with flames for those who are

ordinaryform

for

bigamists,sorcerers

and

also sanbenitos with flames for the relaxed,

false-witnesses;
with two aspas for the reconciled,
and with one aspa, behind and
before,for those abjuringde vehementi;
also halters for the relaxed
and for those to be scourged. If there are effigies,
they are made
half length,
to be carried on polesby porters;if there are
bones,
the boxes containing
them are black,to be placed at the foot of
those to which they belong;the effigies
mitres with flames,
wear
and sanbenitos with flames on one side and,on the other,the
name,
residence and crime of the culprit.2
Green crosses
also proare
vided
to be carried by the relaxed,
candles for the
yellowwax
and bundles of osiers for the reconciliation ceremonies.
penitents
There
must
also be a box for carrying
the sentences,of crimson
velvet with goldfringe
and a gilt
lock and key, while a listof the
relaxed and the effigies
is given to the magistrates,
so that they
have the sentences
ready. Besides these there is the large
may
to be borne by the Dominican
prior,and the white
green cross
in the processionof the
by the mayordomo of the Cofradia,
cross
precedingevening. The standard to be carried by the fiscalis
of crimson damask, richlyembroidered
to be made
side
on
one
with the royalarms, a green cross rising
from the crown, and the
1

In the

Logrono auto

commissioners
familiars,

thousand

21, 1627, there

celebrado in

de Cataluna
2

an

In the

were

five

Logrono,7
(Mem.

or

y 8 de

and

six hundred

notaries.

though somewhat

there

were

In that

in the

procession

of Barcelona, June

familiars and

Noviembre, 1610

hist",
XX,
espanol,

earlyautos, where

economical

7, 1610, there marched

of November

alguaziles.Auto de fe
(Logrono,1610). Parets,Sucesos
"

"

20).
large numbers

grotesque device

was

of the dead

that of statuae

and

absent,
duplicates
"

At Barcelona,
before and the other behind.
with Janus faces,one
effigies
five
thus
married
couples
represented by five
January 25, 1488, there were
to do duty
were
made
year, twenty effigies
and, on May 23d, of the same
effigies
ten
s
erved
for thirtyeffigies
for forty-two fugitives,
while,on February 9, 1489,
nine absentees.
Carbonell,op. cit. (Col.de Doc. de la C. de Aragon, XXVIIE,
"

13, 15, 30).

with a finer sense
Inquisition,
or mitres,the Roman
As regardsthe corozas
in
forbade their use
1596, as derogatory to the episcopal
of what
was
fitting,
Deer. S. Congr. StI
by the use of mitres.
distinguished
dignity, which was
Fondo
Stato
di
in
Archive
camerale,Congr.
Roma,
Officii,
p. 458 (BibL del R.
Vol. 3).
del S. Officio,
"

CHAP.

V]

THE

CELEBRATION

217

diatelyand their confessions received,

when
the

Ordinary determine

and

the

is done

same

dawn

Before

whether

with those converted

is celebrated in the

mass

also at the altar of the Green

givento all who

of

are

and
audience-chamber,

Cross.

By daylightbreakfast is
in the auto, and also to the frailes
They are not taken from their cells till

when
formingthe procession,

along the walls

with
inquisitors
them to reconciliation,
the staging.
on

to appear

assignedto the relaxed.1

the hour

to admit

the

of the

the

audience-chamber

penitentsare ranged

in the

marching; all are dressed in their sanbenitos

insignia.
The procession
starts with the soldiersof the
then the

parishchurch, shrouded

tolls a bell

acolytewho

penitents,

one

the

of the

cross

by

one,
then
impostors,

with

Zarza
in

mournfullyat intervals.
each

with

familiar

on

order
the

of their

requisite

at its head;

black,with
Then

either

an

the

come

side;first-

personators of officialsof the

Inquisition,
followed in order by blasphemers,bigamists,
Protestants,
Judaizers,
and chests of bones and finally
the effigies
those to be
officialsfollow,then
relaxed,each with two frailes. Mounted
familiars in pairs,the standard of the Inquisition,
and finally
the
the inquisitors
Thus
bring up the rear.
processionmoves
filledwith a denselypacked crowd,
streets,
throughthe designated
where the culprits
to the plaza,
seated in
kept off by railings,
are
offenders on the lowest benches.
the same
order,the lightest
The stagingis provided with two pulpits,
from which the sentences
them
Between
read alternatively.
is a bench elevated
are
two
on
steps,on which the penitentsare brought successively,
are

to sitwith their faces to the tribunal and

the bench

clingto, in

is furnished
of

case

with

rail,
kindlyprovided for them to
fainting,
for,with the exceptionof the relaxed,

the seats of the tribunal there is

to which
refreshments,

clergyresort

The

read;

this is the firstdefiniteannouncement

and

hear their sentences

from

cost of these meals

the

of their fate.

Below

handsomely fitted up for

inquisitors,
officials,
municipalofficers

time to

was

to them
a

room

time,and

scrutinized.

similar one

In 1571 the

is provided

Suprema

ordered

Lo-

than twelve ducats on the breakfast.

A earta aeordada
grofionot to spend more
for collation and breakfast
of January 25, 1574, refers to the heavy expenses
confessors and penitents. In future they are
and officials,
given to inquisitors
if the inquisitors
and officials want
to be confined to confessors and penitents;
meals

it must

reportsof the

the
expense, and evidence of this must
accompany
Archivo de Simancas,Inq.,Lib. 82, fol.9; Lib. 942, fol.39.

be at their
autos.

"

own

THE

218

A UTO

[Boos

FE

DE

VII

To the former is
persons of note.
convict who may
be converted on the
pertinacious

brought
staging
any
and
previousto hearing his sentence, and there an inquisitor
nary
and Ordiafter which the inquisitors
secretarytake his confession,

for the familiars and

consider the

to the

is sent back

if he is to be admitted

case:

in
Inquisition

coach

or is replaced
chair,
the penitents.If any
or

to return with the rest of

staging,
if he is condemned
dies on the staging,
culprit

the

on

he is absolved ad cautelam

the church

and

penanced,

buries him.

the sermon,
a pulpit
a secretarymounts
loud voice,reads the customary oath,elaborately
ing
pledg-

After the
a

ground;if simplyone

in consecrated

buries him

and, in

his

read,and his body is delivered to the secular arm; if

he is absolved and the parish
of those to be reconciled,

one

church

to relaxation

is

sentence

he is

reconciliationhe

to

preachingof

peoplepresentto obedience to the Holy

of heretics and heresy,to
the active persecution
the senior
respondsAmen ! If the kingis present,
and gospels,
the cross
to his balcony and, on

all the officialsand

and
Office,

to

which

one

every

inquisitorgoes

administers to him

an

oath to defend the

to persecuteheretics
faith,

Inquisition.1
read from the alternate pulpits,
the
the sentences
Then
are
to hear his sentence.
In
producingeach culprit
alguazil
mayor
must be read,
this there must be no interruption,
as allthe sentences
for which torches and torch-bearers must
if it lasts tillnightfall,
and

The

with

one

royaloath, taken by
hand

favor to the

all necessary

to show

the

on

cross

Carlos II,at the Madrid

the young

and

the other

on

the

gospels,was

as

"

said
Vuestra
Magestad jura y promete
inquisitor-general
Catolico
verdadero y
real,que como
Hey, puesto par la

por
mano

su

auto

of

1680,

follows.

The

fe y palabra
de Dios, defenders!

poderla Fe Catolica que tiene y cree la santa madre Iglesia

de
Roma
Apostolica
y aumento
della,
y la conservation
y que persiguira
y mandar;i perseguira" los Hereges y Apostatascontraries della,
mandard
dar
y que
con

el favor

dard

ministros
sean

todo

su

ayuda

dello,para

necessario

que los

prendidosy castigadosconfonne

omision

de

parts de Vuestra

para

el Santo

heregesperturbadoresde
a

Magestad

los derechos y
ni

Oficio de la Inquisicion y

ReligionCristiana

nuestra
sacros

canones, sin que aya

alguna de qual-

excepcionde persona

quier calidad que sea." To this the king replied Assilo juro y prometo
"

fee y

palabraReal."

Relacion

por

mi

del

(Olmo,
Auto, p. 125.) Such an oath was
administered to the princeDon Carlos at the Valladolid auto of May 21, 1559
(Gachard, Don Carlos,I, 47 ); also to PhilipII at that of October 8, 1559
(Cabrera,Vida
March
to

PhilipIV

de

FelipeII,Lib. v, cap. 3) ; also to PhilipHI at that of Toledo,

(MSS. of Library of Universityof Halle.,Yc, 20, T. VIII),and
at the Madrid
auto of 1632 (Mora,Auto de la Fee, " 27),

6, 1600

CHAP.

THE

V]

CELEBRATION

219

be in readiness.1 Although the sentences

of the relaxed

are

left

to the

last,yet, if the auto is prolongedinto the night they are

introduced
it is essential that the burning should be
earlier,
as
executed in broad day-light.As these sentences
are
read, the
and chests of bones are ranged on one
side of the stage,
effigies
and the living
convicts on the other. They are then delivered to
the secular arm, and the judge who utters the sentences does so,
either on the stage,or at the table of the secretaries or outside of

staging. If there is a compania de la Zarza, it marches in

squadron into the plaza,when the sentences are read,and the men
and
dischargetheir arquebuses. They surround the condemned
march with them to the brasero,
to protectthem from the populace
is accustomed
to maltreat and even
to kill
which,in some
places,
instructions. The
them, againstwhich the inquisitors
givespecial
providethe asses on which they ride and the wood
magistrates
The frailesin chargeattend them to the last breath
to burn them.
and exhaust all effort to bring about their repentance and conversion.
the

publicsolemnities conclude with the ceremonies of abjuration

and reconciliation,
after which the alguazil
and
liars
famimayor
conduct the penitents
back to the Inquisition,
where they
supper and are locked up, three or four in a cell. The priests

The

have

of the

parish church
take it back, while

the black veil from

remove

their

cross

and

bear the green cross

to the
Inquisition,
singingpsalms and escorted by the municipalofficials.

The

morning the

next

read

the

Dominicans

reconciled have the terms

of their sentences

take the oath of

them; they and the other penitents
and they are conveyed by the alcaide to the penitential
to

over

secrecy,

with a secretaryand
alguazil
mayor,
and townfamiliars,all mounted, with the publicexecutioner
and
take out those sentenced to scourgingand vergiienza,
crier,
the punishmentis duly administered throughthe customary streets.
include the galleysare
sentences
On their return, those whose
furnished a certificateof their lengthof service and are transferred
and with this concludes the stately
to the royalprison,
ceremony

prison.

At ten o'clock the

Logrofioauto of Nov. 7-S, 1610, where

culprits,
includingtwenty-nine witches,the sentences were
1

was

from

At

the great

consumed
dawn

with the eleven

tillnightfall;
some
were

Madrid, 1820).

cases

of relaxation.

of the sentences

performedafter

dark."

Auto

The

had

to be

de Fe

de

there
so

second

were

fifty-three

long that the day

day was occupied

and the reconciliations
curtailed,
Logrofio(Logrono,1611;

A UTO

THE

220

"E

[BOOK

FE

VII

at the heightof its power, impressedits

by which the Holy Office,

the

population.
rule
a
as
The place of burning the quemadero or brasero
outside of the city. With this the tribunal had nothingto
was
were
present to certify
do, except that a secretary and alguazil

terror

on

"

"

and

gleanedfrom

Consequently
but some
details,
may

of the sentences.1

furnish
Inquisition

of the

the documents

be

execution

the

to

report as

relation of the Madrid

no

auto

of 1632.

For

this

cityhad constructed the brasero beyond the Puerta

made fifty
feet
to be burnt,it was
seven
de Alcalti;
as there were
stakes with garrotes. The confusion
square, and had the requisite
occasion the

crowd

and

were

eleven o'clock

which lasted until

great,and so also was the fire,
at night,
by which time the bodies were reduced to

of the impiousmight vanish from the

the memory
the fields,
of the ashes over
or into running
scattering

ashes,so that
earth.2

water,
of

The
a

was

heresiarchs

relics. This
human

of old standing,to prevent disciples

prescription
from
fragments to be venerated as
preserving
not

was

skeleton

to be maintained

with the cinders

an

requiresa
where
on

wood

matter,for the total calcination of

of heat not
prolongedintensity
was

expensive,and

the bones

likely
found

the siteof the old

quemadero of Madrid,when,
cate
cut through it,would indiwas

1868,the Calle de Carranza

of the remains of the victims
that part,at least,
lie where they had perished.

about

to

easy

were

allowed

while loominglargein popularimagiptiblico

general,
nation,
in
of
but
small
a
truth,
represented,
part
inquisitorial
It
i
n
the Holy
which
activity. was a solemnityon a grand scale,
Office magnifiedits importance,but by far the greaternumber
of cases
held in
were
or
despatchedin autos particulares
autillos,
stances
or
churches,or in the audience-chamber,
anywhere that circummight dictate. In the Toledo record,from 1575 to 1610,
there are contained but twelve autos generales,
in which three
hundred
and eighty-six
hundred
culprits
appeared, while seven
settled in autos particulares.3
and eighty-six
were
As stated
cases
in a publicauto was, in itself,
above,appearance
a severe
ment,
punishThe

auto

and the sentence

2
8

Archivo

whether the offender

always specified

de Simancas,Inq.,Sala 40, Lib. 4, fol. 221.

Mora, Auto de la Fee de 1632, " 44.
MSS. of Library of Univ. of Halle,Yc, 20, T. I.

was

CHAP.

THE

V]

AUTO

PARTICULAR

221

to a humiliation entailing
him and
subjected
on
consequences
Ms family so greatlydreaded that,at a Toledo auto of December
13, 1627, Juan Nunez
Saravia,a wealthy Portuguese, vainly
offered twelve thousand ducats to escape it.1 The great majority
of cases deserved no such severity.The jurisdiction
of the Inquisition

to be

extended

over

and

wide

field;it was,

in

certain sense,
of comparanumber
tively

took

cognizanceof a vast
trivialoffences
carelessspeeches,
blasphemies,
propositions
of all kinds,indecent writings
and works of art,sorceries and conjurations
less
innocent
and
the
like" which it disposedof
more
or
without summoning the entire population
as spectators. Clerical
have seen, unless degradedfor formal
as we
offenders,
moreover,
in the audience
heresy,were shielded from the scandal of publicity
custos

morum

"

chamber.
The

or
particular,
privateauto, was often celebrated in
the spiritual
and civil authorities were
a church, to which
not
but where such portionof the publicas could find room
invited,
at liberty
to be present. More
were
frequentlyit was held in
and here again there was
the sola,or audience-chamber,
tinction
disa

auto

for the sentence

doors

or

closed

order to invite

and, in
a

the former

curious

of the senior

defined whether
crowd

were
inquisitor

it should

case, the bell

of

was

be with open
often tolled in

spectators.Even

sometimes

the ments
apartused in this manner,

of the corregidor
of
when, March 23, 1680, three alguaziles
the purveyor
of the tribunal,
were
tenced
senToledo, for maltreating

as

nuns
apartments to various terms of exile. When
the autitto was
the culprits,
customarilyperformed in their
were
convent,as in the case, August 8, 1658, of Sor Josefa de Yillegas,
who
sentenced to various
and
for superstitions
was
sorceries,

in the

of
through the gratingof the Augustiniannunnery
San Torquato,in presence of the nuns
and, on February 13,1685,
Sor Dionisia de Rojas was sentenced in the choir of the Franciscan
house of Santa Isabel,in the presence of the superiorand four
elderlysisters.2
penances,

and more
financial distress grew more
century, the tribunals shrank from

As

attendant

on

the

elaborate demonstrations

which, however

autos

1
2

to their
gratifying

acute, in the
the

heavy

of the

expenses

great public

pride,bore

Rodriguez Villa,La Corte y Monarquia de Espana,

Archive hist, nacional,Inquisicionde Toledo,Leg. 1.
Ant.

teenth
seven-

too

heavily

p. 238.

diminishingresources, exposed as they

their

upon

In

royalexactions.

Barcelona,there would
1627

between

publicauto

1644

between

none

[BOOK

FE

BE

UTO

THE

222

Toledo

In

"

in

even

none

and

hampered

been

no

Valladolid,
held, after

the number

which

prisonsof

of

1677.1

1656 and

church,between

less

been

to have

to the

tion
long accumulacelebrated in Toledo,and there was

that it relieved the

auto
the last public

it was

was

one

January 1, 1651,in
consideration,
prolonged
shows
culprits

to have

seem

the revolt of 1640; in

and
1667.

and

were

VII

Seville appears

autos
celebrated public

generales

in 1660 at
one
in 1631, 1643, 1648, 1656, and a most impressive
for there
which less fortunate tribunals unloaded their convicts,
and fiftyrelaxations in person, twenty-seven in effigy
seven
were
but this appears to be the last of its kind there.2
two penitents,
ere
this,
In fact,the publicauto would have been abandoned
rendered in
but for the rule that judgementsof blood must not be
when
churches. As earlyas 156S the Suprema had decreed that,
the auto must be held in the plaza and
there was
a relaxation,
ties.3
in accordance with the ancient authorinot in a church,which was
became

publicautos

the

When

burden, we

onerous

an

can

this led to hesitation in pronouncingdeath-sentences

the convict became a troublesome
this was unavoidable,

imaginethat
for,when

L6pez, condemned
in 1633; after he lay in
to relaxation for Judaism, at Valladolid,
prisonfor thirtymonths with no prospectof gettingrid of him,
A

personage.

case
suggestive

was

that of Juan

Suprema ordered him to be tortured and another vote to be

September 1,1637, in a revised sentence of
taken,which resulted,
with severe
punishments.4A device less damaging
reconciliation,

the

purityof

to the

Ger6nimo

Thus
was

in which

to execute

1635, the Suprema ordered Mm

national,Inq.
Justicia,Inq., Leg. 621,

Archivo

Gracia

hist,

Relacion historica de la Judena

Archivo

de Simancas,

Azpilcuetaand
were

Pefia

held in churches

four relaxations

was

to

convict from

when,

to be sent to

Archivo

de

de

Simancas,

fol. 171.
de

Sevilla,
pp.

that

in Rome

"

1S49).
85 sqq. (Sevilla,
this cites
A commentator
on

autos

that

church

an

included
auto

relaxations

comprehending

by order of the Suprema." Bibl nacional,

MSS., V, 377, Cap. iii," 2.

4

Valladolid,appar-

1." -Archive

and also that,in 1611, at Cuenca

held in

tribunal

there
pertinacity,
On November
19,

for

de Toledo, Leg.

one

Valencia,the Morisco

the sentence.

Inq.,Lib. 937, fol. 123.

prove

at

condemned

Buenaventura

auto

no

was

to transfer

was

for execution.

another

to

faith

Simancas, Inq.,Leg. 552, fol. 17, 22, 23.

CHAP.

CONTRIB

V]

entlyunder

the

impressionthat

years, Valladolid

two

UTOR

despatch him, so,

Saragossa.1 Whether

to

A UTOS

223

he could be burnt there

but, after

reportedthat it had no publicauto in which

in 1638 the Suprenia ordered his transfer to
he met

speedy death there we hare no

of knowing, but there is somethingpeculiarly
means
in
revolting
thus sendinga poor wretch from one corner
of Spain to another,
in order to find some
placein which to burn him economically.
When
any tribunal managed to celebrate a publicauto, it was
utilized to disembarrass

the others.

Thus

the Toledo

auto

of 1651

had

contributed by Cuenca, Cordova

and Seville. In
effigies
1655 Santiagocelebrated a public auto, to which Yalladolid sent
for relaxation one living
two of the latter
person and four effigies,
havingbeen kept waitingsince 1644 and 1648. The consulta de fe
of Mucria,on July 18, 1658, voted to relax nine fugitive
Judaizers
of Beas, but the formal sentence was
delayeduntil December 5,
1659, in preparationfor the great publicauto at Seville,
April
when
the
cremated.2
The imposing
were
duly
effigies
13, 1660,
last
the
of its kind
Madrid auto of 1680
a
was
general gaol
deliveryto which all the tribunals contributed their embarrassing
"

"

convicts.
There

improvement in the situation,

to the Inquisition
that it
althoughit was supremely humiliating
those
it
whom
could not afford to burn
condemned, promptly
of their transgressions,
under the alternative
the scene
and on
of exercising
relief must be found,
Some
a
compulsory mercy.
and a partial
attempt was made, in a carta acordada of September
to be relaxed at autos particulars
in
4, 1657, permittingeffigies
Toledo
churches.
promptly availed itself of this by relaxing,
in such an auto,3but the
of fugitives
December
9th, eighteffigies
was

prospect of

no

other tribunals

seem

to

have

an

discountenanced

the device.

The

of uttering
further step, of overthrowingthe traditional prohibition
of blood in churches,appears to have been under
sentences
consideration in
information

L6pez,to

1664,when

Archive

Suprema called on

the tribunals for

in autos parrelaxations in person or in effigy

ticulares
of Gaspar
that the sentence
Valencia reported
In reply,
as

to

voted in 1641,had never

been published,
effigy,
sentence of
auto, althoughthe corresponding

be relaxed in

for lack of
1

the

an

de Simancas, loc. tit.

Toledo,Leg. 1. Archive de Simancas,Inq.,

Leg. 552, fol.40." Proceso contra Diego Rodriguez Silba,fol. 32-4 (MS. penes me).
3 Archive
de Simaneas, Inq.,Lib. 42, fol.289." Archive hist,nacional,vbisup.
2

Archive

hist, nacional, Inq. de

"

A UTOS

CHAP.

V]

them

in

them

togetherwould

or
prison,

to

HELD

IN

CHURCHES

despatchthem
excite

in

horror,as

225

generalautos, and

to

occurred in the auto

bring

of 1680.

proposed that the secular officialsbe stationed outside

It therefore

church, where the convicts could be delivered to them,

not acceptableto the civil authorities and a
this was
mise
comprowas
the singleofficialwho
effected,
July 20th, designating

of the
but

represent the secular

to

was

appointingtime

message,
door when

The

arm.

and

tribunal

place;he

to send

was

him

to be at the church

was

the

processionarrived;he was to follow the inquisitors,

the fiscal and the Ordinary,and have a seat near
them
and, after
of relaxation were
the sentences
he
to leave the
was
pronounced,
church for a place agreed upon, where the convicts were
to be
he
to
when
sentenced
them and executed the senhim,
brought
tences.1
Thus

to

end the gorgeous

generalpublicautos in which,
during its more
days, the Inquisitionhad made so
prosperous
of men.
profoundan impressionon the imaginations
Thenceforth,
how
matter
and
no
were
livingbeings
effigies
consignedto
many
came

an

conducted
was
quemadero, the ceremony
of a church, in a simplerand more
precincts

the

The

greatautos of
was

more

elaboration
of the

account

in the

held

perished,were
there

Majorca,in
of

church

with

gold

silver and

cushions

the diamond

than with the real work

Domingo,

Yet

still

of the

names

and

1719, is vastly
of

officialsand

dilating
upon

the

and

canopiesembroidered in
aries,
badges worn
by the functiontribunal,
grim and cruel though

to be.2

it continued
These

fashion.

unfortunates

many

Seville since

enumeratingthe

velvet chairs and

and

sacred

display. A writer,in 1724, giving an

with describingthe ceremonial

familiars,
crimson

the

economical

so

of San

celebrated in

autos

concerned

1691, in which

within

the vanity of the Inquisitors,

but the
gauds might gratify

imposingpublicceremonial had vanished.

longerpoured in from all the surrounding

old attractiveness of the

The

populationno
distrct,
camping out
with

so

remember

in the

pride in

much
the

thousand

in
fields,

the vast

the relations of the

familiars and

crowds

great autos.

officialsin

described
When

we

Logrono, and

grandeeswho eagerlycompeted for positionsof honor in the

estimate the change that compelledthe complaint
we
can
processions,

the

of the Seville
1
2

VOL.

in

1729.

It denounced

Inq.,Lib. 42, fol. 291, 308.

national,MSS., R, 128.

Archive
Bibl.

tribunal,in

de Simancas,

15

the

luke-

VII

whereby
accompanyingitsprocessions,
the people,and compared unfavorably

of the familiars in

warmness

losingthe respectof

it was

[Boos

FM

DE

AUTO

Z!HE

226

It

objectthat the familiars had been

with this

was

and civic authorities.

of the Audiencia

publicdemonstrations

with the

favored with

and had been

increased in numbers

so

so

many

greatlyleges
privi-

and exemptions. Besides the occasional autos, the tribunal

on
salidas,or processions,

made

it ordered

and

cle San

the Hermandad

from
eightfamiliars,

among

feasts
principal

five

whom

of the year,

Martir to nominate

Pedro

it would

select

four,two to
for the autos,with

it on the regularsalidas and two

accompany
threats of fine and imprisonmentfor neglectof duty.1
Yet it would not be safe to conclude from this that fanaticism

six

At

extinct.

was

the Llerena

to
of fugitives
effigies

auto

be burnt

25, 1752, there

of June
and

one

of

dead

were

with

woman

always been the custom to have these borne

and to the brasero by carriers of the lowest class,
in the procession
for vagrants,who were
drawn from the hospital
paidfor the service
of these could be had.
but, on this occasion,it chanced that none
The inquisitors
were
greatlyexercised and, as a last expedient,
Don
Manuel
de la
to the Lieutenant-governor,
they represented
exalted religious
Fuente y D"vila,that this was
an
duty which the
cials
noblest might be proud to perform,and they offered that the offiher bones.

It had

would carry the effigies

to the church and
Inquisition
Manuel
and other nobles
if Don
the secular magistrate,

of the
then

to

would

bear

his

and

Torre
their

them

thence

to the

brasero.

Don

Manuel

assented

followed

by the Governor, the Marquis of

and other nobles;the officialswere
persuadedto do

example was

Mexia

share,and thus,we

told,the old custom, so derogatory

discarded.
to the sacredness of the function,
successfully
was
The procession
to the brasero was
a
triumphal march, to the
sound

of

are

trumpets,with the

escort of all the

troops that could be

assembled.2
the gloryof the
such occasional bursts of zeal,
Notwithstanding
was
Inquisition
rapidly departingand, with the extermination of
the few remainingJudaizers,
its functions continuouslydwindled.
In the Toledo

held in a church
the last auto
tribunal,
was
on
March
to vergiienzafor
7, 1778, for a singlepenitentcondemned
After that,to the close of the century, it had but nine
sorcery.
all
autillos,

held in the
1

Archive

Ibidem.

de

sometimes
audience-chamber,
Alcala,Hacienda,Leg. 5442 (Lib.9),

with

open

SPECTACULAR

V]

CHAP.

with closed

and sometimes

AUTOS

227

doors,and in each

of them

there

was

for

for propositions,
singlepenitent.Five of the cases were
for bigamy, and one
for solicitation in the confessional,
one
without priests''
sacraments
orders.1 To
this
administering

had

shrunk

but
two

the

shrinkagethe

of
activity
to

power

prominent tribunal and with this

impressthe popular imaginationwith its
a

once

imposing demonstrations.
There

is one

aspectof the

of Spanish fanaticism

Spaniardregardedit as

in

auto de fe which
most

reflectsthe

suggestivemanner.
a day

celebration fitted for

intensity

When

the

of

rejoicing,
a
or
as
spectacularentertainment acceptableto distinguished
national guests,he did so in the conviction that it was
the highest
and a service to God, glorious
exhibition of piety,
to the land which
organizedit,and stimulatingthe devotion of all participants/
celebrated in honor of Ferdinand and
Probably no autos were
for the stern and rapidwork of the periodscarce
admitted
Isabella,
to adapt the spectacleto royalcourtliness,
of the pageantry requisite
and the Burgundian fashions had not supersededthe ancient
of their successors, however, of the
Castilian simplicity.None
without such a testimonial of pious
of Hapsburg, were
House
there
loyalty. When, in 1528, Charles V passedthroughValencia,
was

men

celebrated in his honor

and

women

1560,the Toledo

an

auto, in which

in person,
tribunal contributed

there

were

thirteen

besides ten in effigy.?

In

relaxed

an

tions,
auto, with several relaxa-

joyous celebration of the marriageof PhilipII with

It was
Isabelle de Valois,daughter of Henry II of France,
a
for the royalwedding and the meeting of the
notable spectacle,
Carlos brought to
Don
to the young
C6rtes to swear
allegiance
in Spain.3 When, in February,
most distinguished
Toledo all that was
1564, Philipwas in Barcelona for the Catalan C6rtes,an
tions
auto was
eightrelaxaarrangedin his honor, in which there were
to the galleys.
condemnations
and numerous
in person
the French
whom
Saint-Sulpice,
mostly Frenchmen
They were
ambassador, had vainly soughtto protect.4
celebrated by an auto at Toledo,
The accession of PhilipIII was
March
6,1600, in the presence of the king,his queen, Margarita
to the

Archive

hist, nacional,Inq. de

Banvila

Llorente, Hist, erit.,

Cap. xxiv,

Gachard, Don

Toledo,Leg.

Collado,Expulsion de

I.

los Moriscos, p
Art.

1, n,

2.

Carlos et PhilippeII,I, 106-7.

106-

DE

A UTO

THE

228

FE

[Boos:

VII

Austria,the Duke of Lerma and allthe court,where Philiptook

the oath to protectand favor the Holy Office. Toledo had but
of

few

held

as it had
culprits,

but
before,

auto the year

an

total of

accumulated by drawing upon Cordoba, Granada,

were
forty-six
but two
Cuenca, Llerena, Valladolid and Seville. There were
and
relaxations in effigy
named

Jacques

He

his trial

concluded

was

wean

and

condemning him,
sent after him

characterized

as

heresy for

received

his transfer thither before it had

vote

his

from

not
Hugue-

tribunal had

been

couple of
to completethe attraction at Toledo,and
hurriedlythat the Suprema ordered
so

needed

was

the latter beinga

"

the Granada

Pinzon, whom

endeavoringto
leisurely
years.

in person

one

so

the sentence

for confirmation

was

made

out

was

probablyburnt

the

in blank

to sign. As
inquisitors

for the Toledan

he
pertinacious

alive.1

is

he

The

order
greatauto of Madrid, in 1632, was held there by the special
from
of
confinement
of the king, in celebration of the recovery
Isabelle de Bourbon, wife of PhilipIV, and was graced with the
There were
thirtypresence of both and of their son Don Carlos.
relaxations
in person
and two
penitentsbesides seven
effigy.2The revolted Catalans,who had given themselves
of honoringthe ViceroyConde,
means
France, took the same
seven

the

of his

eve

departurefor Paris,by

7, 1647, in which

there

were

two

an

auto

in
to
on

celebrated November

relaxations

in person

and

effigy.3The ostensible purpose of the crowning gloryat

ended the long series of autos
Madrid,June 30, 1680, which fitly
to honor the marriageof the young
Carlos
was
generates,
publicos
II with Louise Marie d'Orleans. There were
sixty-sevenpenitents
and fifty-one
of which nineteen were
in person.
relaxations,
A compania de la Zarza was formed, numbering two hundred
and
fiftymembers, with Francisco de Salcedo as captain. On June
28th they were
taken to the puerta de Alcald,
where each man
was
with
furnished
a fagot. Then
they marched to the royal palace,
where Salcedo took a fagot,specially
preparedfor the purpose,
and handed it to the Duke of Pastrana,who carried it to the king.
two

in

Carlos with his

and

own

then sent it back

be taken in his

2
9

MSS.

of

name

hands

by

bore it to his queen

and exhibited it
Pastrana with the message
that it should

to the brasero and be the firstthat was

Library of

Univ.

of

Halle,Yc, 20, T. I; Tom.

thrown

VIII.

Moro, Auto de la Fee (Madrid,1632).

Parets,Sucesos de Catalufia (Mem, hist, espafiol,
XXIV, 297).

SPECTACULAR

V]

CHAP.

fire.1

the

upon

evidently
in

store

an

auto

and

and

general

subjected

pues

Hist.

Llorente,

Espafia,

de

llegado

habian
toros

ellos;

its

Relation

Olmo,

siastica

of

to

y
mas

los

fuegos

adelante

celebrated

considered

the

methods

application

the

los

was

general

be

of

refused

in

had

monarch

young

earnest

an

Philip

1701,

to

was

the

honor

things

better

to

be

present

of

his

accession,

at

abandoned.2

thus

have

in

when,
proposed

project

It

229

of

training

neglected.

Spain

for

its

religious

been

not

the

We

The

AUTOS

of

Auto,

378.

los

autos

Art.

XL,
"
"

vio

1,

classes

ser

auto

de

obligado

un

uno

de

la

"

un

Felipe
asistir

Vicente

3.

n.

Preparose

artificiales.
le

examine

to

us

offenders

of

47.

p.

Cap.

III,

se

for

various

the

to

remains

Inquisition

the

of

jurisdiction.

extensive

crft.

It

action.

methods

those

del

organization

se

nego

(1720)."

de

fe

todas

por

Fuente,

para
las

Hist,

fiestas

primera

regias,
vez

ecleal

obsequiar

Re}*,
como

concurrir

BOOK

VIII.

SPHERES

ACTION.

OF

CHAPTER

I.
JEWS.

the

As

proximate
so

of the

cause

they continued
with

class

century,

and,
their

more

to

effect

aroused

real

to

the

neophytes,

Jewish

the

New

the

rooting

seventeenth

Christians

century provided

1391,
but

fact

that

compel

to

it had

the

from

the

remained,

major portion

of

in

the

there

deemed

Converses

necessary

by efforts

faith, or

new

Ferdinand

Isabella

and

Christians

were

were

in

only

that

the sole method

was

the

natives
by the alter-

baptism
been

never

When

conversion.

suggested itself of accomplishing

of securing the desired
unity of faith.
So,
the

was

instruction.

and

The

early years
they virtually disappeared
of

expulsion of 1492, filled

the

when

its solicitude.

on

by instruction

great task

the

of

this

terrorism

name,

since

death,

or

supplement

of the

in the

that

the

was

work.

easy,

of exile
to

another

serious
been

the

greater claims

than

Judaism

Spanish Holy Office,

exclusive
object of its energies,
Moors
created, in the Moriscos,

of the

tribunals,while

more

It had

almost

complete

so

of the

for

be

from

converts

establishment

treatment

even

was

records

enforced

latter, however,

of the

out

to

similar

until the
a

of the

apostasy

the

with
of

disregard

same

only

The

land

utterances

on

multitude

new

the
the

duty

of

suasion
per-

subject seem
selves
fortifythem-

in some
instruct and
they would
way
in their new
religion. When, in 1496, a royal pragmdtica
for three years
the reason
to farm
the royal revenues,
forbade them

to

that

assume

that

allegedwas
due

ordered

such
in

instruction
that

the

Christian

Converses

doctrine.

anterior

from

their

their

faith

by punctual attendance

Old

Amador

de

los

Rios,

Hist,

on

de

In

1492

to

Christians, while the recent

rabbis, livingby themselves

among

distract

occupation would

in towns

los

1499,

should

ones

divine

them

should
and

the

Suprema

live

scattered

be

separated
strengthening

service.1

Judfos, III,

ing
obtain-

from

It

was

381-3.

(231)

not

EVIDENCE

I]

CHAP.

Aii illustrativecase

She

in 1567.

Moya,

JUDAISM

233

that of Elvira del

was

of

was

OF

descent and

converse

Campo,
was

tried at Toledo

married

to Alonso

scrivener of

to have been an
who seems
Madridejos,
Old Christian. According to witnesses who had lived with her
her near
as
and
servants, or were
neighbors,she went to mass
confession and gave all outward
sign of being a good Christian;
kind and charitable,
but she would
she was
not eat pork and,
she cooked it for the household,she handled
when
it with a rag
it,which she explainedby sayingthat she had
so as not to touch
made it disagree
with her,and that handling
a throat-trouble which

de

it made
about

smell.

her hands

There

puttingon clean linen on

and the
was
insignificant

was

littlecumulative

Saturdaysand

evidence

working,but
this
rested on
case
pork. The chief
witnesses were
two of her husband's
employees,Pedro de Liano
and Alonso Collados,who lived in the house,and their evidence
into detail as to their spyingabout the kitchen,
went much
peeping
into cupboards,and watchingall the detailsof her housekeeping.
he and Collados talked about her putting
Liano testifiedthat once
into water to soak over night,when Collados said
a leg of mutton
he thoughtthere was
Jewish ceremony
in this,and it would
some
pleasehim much
he

to know

it,for he would

bad terms

with her.

accuse

not

her to the

sition,
Inqui-

Yet

before the
Collados,
tribunal,concluded his testimony by sayingthat he wished her
of him, that he held her to be a good
well for her good treatment
as

was

on

because
Christian,

she went

and

to mass

spoke ill of

no

one

and

rarelyleavingher home and talkingwith but

reserved,
few people.
Elvira was arrested earlyin July,and at firsther trialwas pushed
with speed,as she was pregnant,but her confinement,August 31st,
She admitted not eatingpork,
caused a delay of three months.
was

very

but attributed this to medical

to her
was

by

laid

her
on

advice,for

husband, which she desired

the other

disease communicated

to conceal.

Little stress

strenuouslyasserted her
againsther she identified

chargesand

she

orthodoxy. Of the twelve witnesses

six,but her effort to disable them for enmity failed,except

regardedthe

two

most

as

nandez.
ones, Collados and Diego Hersiastics
of ecclefor character,
consisting

damaging

Of thirteen witnesses

who
professedignorance
neighbors,all but one
attentive
gave emphatictestimony as to her beinga good Christian,
and regularin all religious
duties,obedient to the preceptsof the
Church, and in no way the objectof suspicion.There was evi-

and

"

"

[BOOK VIII

JEWS

234

dently nothing to do but to torture her. This, as we have

administered twice, and resulted in
above
(p. 24) was
when

she

told her not to eat

pork

statingthat

againstthe Christian

be

this to

she

died when
doubt

years
and to observe the

eleven

was

years

Law"

her

as

had
knew

mother

had

unreasonably

not

can

her

mother

Sabbath, and she

but,

old, we

her

old

eleven

was

seen

day a ratificationwas obtained in the

ing
eatingpork,changing her chemise and observ-

its truth.

The

next

shape that her not

the Sabbath, were
in pursuance of the Law of Moses as taught
mentioned this to anyone, for
her by her mother; she had never
her father would

have

killed her and she feared her husband.

strengthof this,in the consulta de fe, there was one

but the rest agreedupon reconciliation
fanatic who voted her relaxation,
confiscation and three years of prison
with its disabilities,
and sanbenito,which were
duly imposed in an auto of June 13,
than six months, the imprisonmentwas
1568, but, in a littlemore
On

the

commuted

to

spiritual
penances, and she

told to go where

was

she was
beggared
Thus, besides the horrors of her trial,
cast upon
her
and an ineffaceable stain was
and ruined for life,
she chose.

prison is
to die.

descendants.

and

kindred

What

of the infant born

became

recorded,but presumablyit

not

Trivial

as

may

fortunate

was

the details of such

seem

enough

trial,
they

in

are

sample of what was occupyingthe

tribunals of all Spain, and they raise the interesting
question
believed what they assumed in
whether in truth the inquisitors
to rescue
Elvira
the publicsentence,that they had been laboring
from the errors and darkness of her apostasyand to save her soul.
The minute pointson which the fate of the accused might depend
illustratedby the insistence with which they dwell on her
are
abstinence from pork, on her refusal to eat buttered cakes,on her
not

without

use

of two

importance as

and
stewing-pots,

her chemise

and

baked

on

the time at which

she

changed

her bread.1

Subjected,on the one hand, to the ceaseless espionageof servants

and neighborsand, on the other,to the pitiless
zeal of the
tribunals,even

the heroic

obstinacyof Judaism, which

had

umphed
tri-

the countless miseries of the

Dispersion,
gradually
and
all-pervading
ceaselessly
so
persecution,
succeeded generation,
with
relentlessly
applied.As generation
this unremittingpressure seemed
no
hope of relief,
gradually
over

succumbed

Archive

to

this

hist, nacional, Inq. de

trivialevidence

which

Toledo, Leg.

128.

for Judaism
justified
prosecution

For
see

illustration of the

Vol. II,p. 566.

CHAP.

ERADICATION

I]

OF

JUDAISM

235

to be

its object. The prosecutions

for Judaism
attaining
menced
comto diminish
sensibly.Valencia had a large converse
populationand, duringthe firstquarterof the sixteenth century,
the trials averaged between thirtyand fortya year.
Then came
the enforced baptism of the Moors, who for some
time furnished
a
released
predominant contingent.The latter were temporarily
from inquisitorial
in 1540,and, duringthe three years,
jurisdiction
1541, 1542 and 1543, there was not a singletrial for heresy. In
1546 they were
again relieved from the Inquisition
and, in the
followingsixteen years, until 1562, the total number of trials for
but forty-eightin fact,in the ten years between
heresy was
1550 and 1560, there were
but two, showing that Judaism
there
had almost ceased to be the objectof inquisitorial
In
activity.1
Toledo, which included Madrid, duringthe sixteen years, 1575there were
1590 inclusive,
but twenty-threecases.2 In 1565, an
auto at Seville presentedseventy-four
without one Judapenitents
there
a
nd
in a Cuenca auto of 1585 in which figured
were
none
izer,
Even as earlyas 1558,when the Suprema
twenty-one Moriscos.3
was
magnifyingits services to obtain from Paul IV the grant of
prebends,it admitted that for some
years there had been but
few Judaizers found, but it alluded vaguely to some
recent
coveries
dis"

Murcia, who
long afterward, Paolo

of them

fact,not

in

alludes to the arrest in Murcia

Coincident
there

with
to have

seems

would

of

Tiepolo,the
number
a large

this diminution
been

attributable perhaps to

be

soon

punished.4 In

Venetian

of material

for

persecution,

to resort to milder
disposition

an

envoy,

of Jews.5

that Judaism
expectation

methods,
would

ere

long disappear. In 1567, Pius V, at the request of PhilipII,

Espinosa,for three jTears, to have
empowered Inquisitor-general
Christians of Murcia and Alcaraz absolved,
the JudaizingNew
with a salutaryand benignant,but
either publiclyor privately,
not to be habilitated
not pecuniary,penance;
clerics,
however, were
obtain orders

to

Joao

or

benefices.6 There

is

story that Dora

Scares,Bishop of Goimbra, after the Council of Trent, made

hist,

Archive

nacional,Inq.

of Library of Univ.

MSS.

Archivo

Archivo

Relazioni

Bulario

de

Valencia,Leg.

98.

of Halle, Yc, 20, T. I.

Inq.,Leg. 787; Leg. 1157, fol. 155.

de Simancas, Inq.,Sala 40, Lib. 4, fol. 177.
Venete, Serie I, T. V, p. 19.

de Simancas,

de la Orden

de Santiago, Lib. Ill,fol. 109, 111."

Inq., Lib. 926, fol. 129." Archivo

de

Archivo

AlcaH, Hacienda, Leg.

cas,
de Siman1049.

VIII

[BOOK

JEWS

236

he
pilgrimageto Jerusalem,in the course of which, at Cyprus,
whom
he
met
Spanish and Portuguese refugees,from
many
the tribunal of
gatheredinformation which he communicated to

They

madura.1

treated like those

were

in Extre-

Judaizers

Llerena, resultingin the detection of many

Murcia,

of

for

Philip,

similar to that of
in 1573, obtained from Gregory XIII a brief
of
1567, for the benefit of the Judaizers of the district Llerena,
Even
greater
except that the facultywas limited to one year.2
in 1597, to
in a brief obtained by Philip,

granted,

were
privileges

for not only were

they to
Ecija and its district,
under trialwere
be absolved like those of Murcia,but all prisoners
selves
note of infamy on themto enjoy the benefit of the pardon,with no
to endure
and this time of grace was
or their descendants,
not have been the only instances of
for four years.3 These may
entire change
such favors,and they indicate a tendency towards an

the Judaizers of

policy. That there

accomplishingits work

of

was

is

the

that
hopefulness

in

seen

was
Inquisition

drawn

careful state paper

Juan
prelate,
Suprema, in 1595, by a distinguished
in assuming
Bautista Perez,Bishop of Segorbe,who felt justified
that the baptizedJews remaining in Spain, after the expulsionof
become good Christians,
except one here and there,
1492 had nowr
for the

up

and

that their Law

was

who

descendants of those

Vicente

da

careful to limit his

good bishop was

In this the

forgotten.4

Costa

been

had

Mattos, Breve

praiseto

the

baptizeda century before,

Discurso

contra

Perfidia do Judaismo,

fol. 100 (Lisboa, 1623).

Bulario

de la Orden

de Santiago,Lib. IV, fol. 5.

"

Archivo

de

Simancas,

Inq., Lib. 926, fol. 127.

Santiago,Lib. IV, fol. 130.

to be an exceptionto this,probably arising
The districtof Galicia would seem
of the tribunal of Santiago. Jews
there
of
the organization
the lateness
from
had been quitenumerous,
wealthy and respected,and there had not been time
The
their
conversion or extermination.
severityof the tribunal
to enforce
cruel in Spain and, pitiless
that
of the most
as
was
earned for it the reputation
Bulario

de la Orden

de

the close
took refuge there.
Towards
Galician Converses
Portugal,many
Pedro Pe*rez Gamarra
acquiredfor himself an infamous
of the century Inquisitor
a
nd
the
relentless
distinction by his
archbishopand chapterprotested
activity,
publiclyagainstthe proceedingsof the tribunal. Its rapacitywas rewarded
of

with

abundant
reckoned

was

confiscations. We
at

more

than

hear

of M"ndez

40,000 ducats, of

that

of

whose
Valdeorras,

of Antonia

233,707 reales and of Marcial Pereira at 363,444. Benito

en
Orense, pp. 8, 26, 28-30, 32 (Orense, 1904).
"

Archivo

de

F.

de

Alonso,Los

Simancas, Inq. de Valencia,Leg. 205, fol. 3.

estate

Saravia

at

Judfos

CHAP.

INQUISITION

I]

three full
of the
had

OF

generations
having passed under

Holy Office. He

237

PORTUGAL

evidentlywas

the

chasteninghands
that

aware

new

factor

into the religious

injected
problem a factor which was
to givethe Inquisition
occupationfor nearlya century and a half
This was
due to the conquest of Portugalby PhilipII,
more.
in 1580.
Although the union of the two kingdoms was merely
were
dynastic,and their separate organizations
preserved,the
of intercourse which followed led to a largeemigration
facility
been

"

Christians from

of New

the poorer

to the richer land.

They had

exposed as long as their Spanish brethren to inquisitorial

for
the
most
were
rigorand,
part, they
crypto-Jews. The
which
afforded
fresh justification
for
the
they
activityof the
the
of
after
suppression spasmodic Protestantism and
Inquisition,
the expulsionof the Moriscos,and the part which they playedin
been

not

to requirea brief review of the curious

Spanish Judaism seem
historyof the earlyPortugueseInquisition.It also affords an
insightinto the relations between the New Christians and the
of
Holy See, and thus throws a reflected lighton the struggles

Ferdinand
We

and

have

seen

Charles

with

the

curia.1

(Vol.I, pp. 137, 140) the reception

by Joao II

Portugalat the time of the expulsion

Manoel
at
his
and their kindlytreatment
in
accession
by King
In contracting
1495.
marriage,however, with Isabella,
daughter
of Ferdinand
and Isabella,
the condition was
imposed on him of
by the Spanish
expellingall refugeeswho had been condemned
and, under this impulsion,seconded by his confessor
Inquisition
the Frade JorjeVogado, he issued a generaledict of expulsion,
from
their
torn
exceptingchildren under fourteen,who were
which caused the most
deplorabledistress,
parents a measure
rather than surrender
of the Jews slayingtheir offspring
many
them
to be brought up as Christians. By various devices the
departureof the exiled was delayed,until after the time when
of the multitudes

who

flocked to

"

coerced
and thus they were
they incurred the alternative of slavery,
to accept baptism. To temper this,Manoel
granted,May 30,
1497, that for twenty years they should be exempt from perse-

Ample

authentic

material

exists for this in the twelve

DiplomaticoPortuguez (Lisboa,1862-1902)"

material

volumes

of which

of the

Herculano

Corpo
had

da Inguiutilized a portionin his classical Da Origem e Estdbelecimento

skilfully
filled
in
this
been
have
Some
by A.
em
Portugal (Lisboa, 1854).
gaps
il Cardinal Silva e I'lnquisizione
Ronchird, in his Giovanni III "di Portogatto,

sic"o

(Modena, 1879).

[Boos VIII

JEWS

238

cution;that subsequentlyall accusations of Judaism should be

brought within twenty claysof the acts charged;that the trial
and that
under ordinary seculaif procedure,
should be conducted
confiscations should

to the heirs.

enure

Moreover, he promised

distinct race.1
for them
as
a
legislate
This latter pledge was
soon
broken, by edicts of April21 and
22, 1499, forbiddingthem to leave the kingdom without royal
of lands or
the purchasefrom them
permissionand prohibiting
bills of exchange. Popular aversion increased and culminated
This wrought a revulsion
of 1506.
in the awful Lisbon massacre
in 1507 the restrictivelaws of 1499 were
repealed;
of feeling;
to

never

and
freelyto trade and to come
assimilated to the natives,and were
in all .things
go ; they were
In 1512 the twenty
law of the land.
entitled to the common
years7exemption was extended to 1534, and although,in 1515,
the New

Dom

Christians

Manoel

allowed

were

appliedto

Leo

for the introduction of the

Inquisition,
dropped and

the request being delayed the matter was

Until Manoel's death,in 1521, the New
not revived.
on

was

thus
grew

enjoyed toleration

rich and

prosperous,

flourished

and

tians
Chris-

accordingly.They

they intermarried

with

the noblest

houses, and they largelyentered the Church.

Externallytheir
observance was
unimpeachable,and Portugalnaturally
religious
of refugefor.SpanishConversos,nor is it likely
became
a haven
that the restrictions on such immigration,
enacted in 1503, were
observed.2
rigidly
Joao III,a youth of 20, was
His successor, Dom
a fanatic of
mind and limited intelligence,
but the influence of ManoePs
narrow
who
counsellors,
between

1522

and

continued

in the direction of

affairs,
procured,

1524, the confirmation of the privileges

granted

by the late king. Ecclesiasticalpressure and popularprejudice,

themselves
felt and, in 1524, a secret inquest
however, made
that the New
Christians
brought the testimonyof parishpriests
were
Then Joao's
suspected of being Christians only in name.3
sister of Charles V" the only
marriage,in 1525, with Catalina,
Portuguesequeen admitted to a seat in the Council of State
brought a powerful influence to bear; the growing strengthof
"

de

Osorii de Rebus

Emmanuelis

Portugal,LIT. II,c. 43."Amador

culano,I, 113-14, 11"-18, 124-30.
2

Lib. I.
"

Monteiro,Historia da S. Inquisi$ao
Rios, III,358, 360, 614-15." Her-

de los

Herculano, 1, 133, 153-4, 158-9, 164-8.

Herculano,I, 179, 189-90.

CHAP.

IXQ UISITION

I]
tendencies

these

faith

and,
in

have

seen

earlyin

Spain

secretly from
on
Inquisition

the

objectionsof

control of the institution and

and
the confiscations,

postponed,until
the

considerations

of

Clement
the
the

VII

plighted
at Rome,

briefs establishing

TTe
Spanish model.
Holy See to the royal

to the abandonment

of all share in

these

December

royalnominee, Fracle

probably explainthe delays which

17th,the issue of a brief conferring
on
the requisite
faculties as
Diogo da Silva,
was
followed,
January 13, 1532 by one

This
inquisitor-general.
the office;
the
orderinghim to assume
but itseems

239

1531, Dr. Bras Neto,the ambassador

Portugalan
in

PORTUGAL

graduallyovercame

instructed to procure

was

OF

to have been

two

reached

Lisbon

in February,

feared that their

would
publication
lead to an immediate
exodus of the New Christians,
and they were
with additional
kept secret until laws could be framed reviving,
the edicts of 1499, prohibiting,
for three years, departure
rigor,
from the kingdom, the sale of real estate and the negotiationof
bills of exchange. These were
issued June 14th,after which there
a pause,
was
explicable
only by the lavish employment of money
in both Lisbon and Rome.
The
New
Christians evidently
had
obtained knowledge of the threatened measure
of the active
; much
capitalof the kingdom was in their hands,and the danger called
work and sacrifice. A fitting
for energetic
emissary to Rome was
of no
found in Duarte da Paz, a Converse
ordinary ability,
him with a mission
the king was
entrusting
energy and audacity:
beyond the borders,under cover of which, he made his way to
the papal court,where for ten years he continued to act as agent
Marco
clella
for his fellows. Then, in September, there came
sent as nuncio on this special
ness,
busiRovere, Bishop of Sinigaglia,
and they
who was
speedilybought by the New Christians,
the Frade Diogo da Silva,
means
over
by the same
probably won
who
by refusingto accept the
complicatedmatters irretrievably
and
not idle,
Duarte da Paz also was
office of inquisitor-general.
the

confusion

became

inextricable when, by

brief of October

of the previous
the one
17th,Clement VII suspendedtemporarily
not only da Silva but all bishopsfrom
December, and prohibited

againstthe New Christians.1

proceedinginquisitorially
in Spain,the curia recognizedthat here
As we have seen
it could
to whom
and wealthy class of heretics,
a numerous
Herculano, I, 228-86." Corpo Diplomatico, II,335, 338, 409, 410."
hist6rico Portuguez, I, 253 (Lisboa,1744).
1

was

sell

Anno

INQUISITION

I]

CHAP.

OF

PORTUGAL

241

to a commission, and
under Paul III, who referred the matter
meanwhile suspended the pardon-briefbut ordered that all prosecutions

cease, for

must

active

an

organized,which

continued

commands.

commission

The

brief and

of

had
episcopal
inquisition

been

its

operationsin spite of the papal

reported in favor of the pardon-

with appeals to
Inquisitionunder limitations,
Joao refused to accept this,and a lull in the negotiations
Rome.
occurred,during which the nuncio della Rovere entered into a
with the New
dated April 24, 1535, under
contract
Christians,
which they promised to pay to Paul III thirtythousand
ducats
the
if he would
Inquisition,
prohibit
confiningprosecutionto
should be limited to ordinarycriminal procedure;
the bishops,who
smaller sums
moreover
were
provided for less desirable concessions.
The
curia honestly endeavored
the money,
to earn
and
to Joao, which
several propositions
he rejected;then, on
made
November
3d, a bull was solemnlypublishedin Rome, renewing
the

an

all prisoners,
ing
recallpardon-brief,
annullingall trials,
releasing
all exiles,
cations,
removing all disabilities,
suspending all confisall future prosecutions
for past offences,
and
prohibiting

enforcingthese provisionsby excommunication.1

In this Rome
held that it had fulfilledits part of the bargain,
Christians thought otherwise;they declined to pay
but the New
full amount, and della Rovere
was
to remit more
said
than five thousand

the

not

ducats.

"

at

came

radiant

unfortunate

an

with

the

supportingthe

moment.

glory of

demands

able

Charles

his Tunisian

at least so

"

This
was

parsimony
in

conquest, and

of his brother-in-law.

The

he

Rome,

warmly

result of this

tion
May 23, 1536, which constituted an Inquisithree
the
forms
the
that
for
on
Spanish model, except
years
of secular law were
to be observed,and for ten years confiscations

was

were

be

seen

in

brief of

to pass to the heirs of the convicts.

Diogo da Silva was to
with the rightof the king to appoint an
inquisitor-general,

October
solemnly invested with his office,
5th, and the brief was publishedon the 22d.3
ject
This probably taught the New
Christians a lesson on the subof ill-timed economy
for a brief of January 9, 1537, addressed
associate.

Diogo was

Ibidem, III,117, 121, 125, 166, 169, 171,177, 181, 190, 206, 210, 218, 220,
The bull of Paul HI, embodying the previous
228, 249-50, 252, 254,275, 290-4.
of Clement
is
in
the
one
Bullarium,I, 712.
"VH,
2
HE, 283, 286, 288, 290, 302,
Eerculano, H, 146-62." Coipo Diplomatic",
358.
332; XI,
1

VOL.

ni

J"

JEWS

242

[BOOK

VIH

nuncio appointedfor
new
a
Capodiferro,
to evoking
Portugal,gave him complete appellatepower, even
trial and decidingthem, while a supplementarybrief of
on
cases
February 7th authorized him to suspend the Inquisition.His
for the repeal
instructions also requiredhim to labor vigorously
and this was
of the law prohibiting
emphasized by
expatriation,
excommunication
and suspena brief of August 31st threatening
sion
for any interference with those leavingthe kingdom to carry
These appeals were
their grievancesand appealsto Rome.1
a
lutions
absoof largeprofit
to the curia,which sold at round prices
source
the tribunals threw all
and exemptionsto all applicants;
obstacles in the way of this trafficand it was
importantto
possible
At the moof the goldenstream.
ment
Rome
to keep open the course
for Capodiferro
of less interest to the New
it was
Christians,
and exploitedhis largepowers
to
was
as venal as his predecessor
absolutions and pardons for what he could get.
the utmost, selling
As Joao asserted,in a letter of August 4, 1539, his scandalous
of impunity that they
traffic had rendered the Judaizers so sure
sinned with audacity. While
demanding his recall,the king
Henrique,
sought to curb him by appointinghis brother Dom
of 27, to the vacant
man
a
post of additional inquisitoryoung
general. Henrique was Archbishop of Braga, a post which he
tor-genera
resignedin favor of Diogo da Silva,who retired from the inquisiand Henrique remained, until his death in 1580,
the plan was
At the moment
of
at the head of the Inquisition.
littleavail,as Capodiferro
treated him with imperiousarrogance,
called in questionhis powers
and even
owing to defect in age,

to Girolamo

and

III refused to confirm

Paul

Paul

Recanati

yielded in

Capodiferroshould

far to

leave

time,as the three

same

the

so

was
Inquisition

him.2

Joao's

to
as
urgency
Portugalon November

years

were

restricted to

about
secular

to

promise that
1st.

At

the

expire during which

procedure,he listened

to the

of the New
Christians and in the bull Pastoris
supplications
October 12,1539, he modified in many
the inquisiceterni,
torial
ways
of injustice
and to provide
process, so as to limit its powers

ample opportunityof appealsto

that witnesses'

names

them

were

dangersto

1
2

were

to be

Rome.

leadingclause was
only to be suppressedwhen
grave
the
apprehended. Through
treachery

Corpo Diplomatic^ III, 348, 353, 354, 358, 402.

Herculano, II, 200-5." Corpo Diplomatico,IV, 8, 11, 95.

CHAP.

I]

of

courier

INQUISITION

employed by

OF

the

PORTUGAL

243

New

this bull did not

Christians,
until December
1st. Capodif
erro
delayedhis departure
until December
15th,and then left Lisbon without publishing
it,because,as Mascarenhas the Portugueseambassador
reported,
Christians refused to pay the extortionate pricedemanded
the New
for it. Mascarenhas
intimates that the pope was
privy to this,
which is not unlikely,
for Capocliferro
received with all favor.
was
He and della Rovere
were
placed in charge of the affairs of the
he was
afterwards promoted to the
soon
PortugueseInquisition;
great office of Datary, and eventuallyreached the carelinalate.
His nunciature had not proved as profitable
as he had
expected,
for he lost fifteen thousand cruzados at sea, and brought with
him to Rome
On his arrival in Portugalhe
only as much more.
a

reach Lisbon

demanded

had

with, and

start

of the New

Christians two

regularly
paid by

thousand

cruzados

to

them

eighteenhundred per
duringhis stay, and this in addition to his pardon traffic.
was
nothing unusual in this. In 1554, Julius III,in a
of wrathful candor,told the Portugueseambassador
that

annum

There
moment

nuncios

were

was

sent

there to enrich

themselves

as

reward

for

previousservices.1
With the return of Capodif
sparring,
erro, after a littlediplomatic
Paul
was

had
the
that

and

dropped the whole questionfor nearlytwo years. Joao

quitecontent;the three years'limitation to secular procedure
expired,the bull Pastoris (Eterni had not been published,
had full swing, and its activitybegan to rival
Inquisition
of Spain. Its firstauto de fe was
celebrated in Lisbon, September
and no relaxations
penitents
20, 1540, with twenty-three
was
speedilyfollowed by others.2 It is not until December
III

IV, 128-33, 134, 148, 158, 172-8, 186, 188, 195, 200,
Corpo Diplomatic",

205, 206, 271-6; V, 165; VIII, 294,

the
2

The

295.

Portuguese

equivalentof the Spanishducat.

Actos e Procedimentos
principaes

Historic dos

p. 256 (Lisboa,1845).
In this year 1540 occurred

the

curious

da

episodeof

cruzado

was

nearly

Inquisicaode Portugal,
the

False Nuncio, Juan

presentedhimself with
Saavedra, a skilfulforgerand
for
Lisbon
three
in
lived
in
state
months, and traversed
great
forgedpapalbriefs,
of nuncios.
after
the manner
the land for three more, collecting
large sums,
The
Spanish Inquisitiongot upon his track; he was decoyed to the border,
For
January 23, 1541, and conveyed to Madrid.
seized on Portuguese soil,
the
this daringimpositionhe paid with nineteen years of galleys. He assumed
credit of introducing the Inquisitionin Portugal,and this secondary imposture
times.
Llorente,Hist. crit. Cap. xvi, Art. iii,
had currency nearly to our own
Perez

impostor, who

de

"

[BOOK

JEWS

244

VIII

2, 1541 that Christovao de Sousa, then ambassador, refers to the

New
earnestlyat work to have
Christians who, he says, were
another nuncio

sent,and he had had

it with the pope whose intention

thousands
burnt and so many

was
more

discussions

thousand

fixed,because
were

in

so

many

prison. The

over

were

New

Christians offered to pay eightor ten thousand cruzados to the

At a
to the nuncio.
and fiftya month
pope, and two hundred
subsequent audience, Paul said that the nuncio would have a

salaryof a hundred
could add

month, to which the New Christians

him above the tempthus raising
and fifty,
tation

cruzados

hundred

that this would convert

to which Sousa rejoined
bribery,
him from their judgeto their advocate.
Then, on a later occasion,
from the king so vigorousthat the pope
he read a remonstrance
himself and sayingthat
walked up and down the room, crossing
it was
the work of the devil. Sousa replied
by dwellingon the
offered to let the Inquimisdeeds of precedingnuncios,and even
sition
be withdrawn
if it would relieve the kingdom from the evil
of

of

nuncio.1

Further

discussion

abruptlyterminated

was

by

an

explosion.

minister of

of
Joao, a man
Miguel da Silva,Bishop of Viseu and
in the time of Leo X,
had been ambassador
at Rome
highculture,
and had formed lasting
friendshipswith the future Clement VII
fallen into disfavor at court and
and Paul III. He had recently
when he fled and found refugein Italy.
about to be arrested,
was
while employJoao tried to entice him back with flattering
letters,
ing,
as

Silva says, bravos

could wound
as

he did

on

Joao's rage

the

was

assassinate him.

Paul

sensitivespotthan by announcing,
2, 1541, Silva's appointmentas cardinal.

kingin no

December

to follow and
more

unbounded; he promptly deprivedthe

new

dinal
car-

but of his citizenship,

only of his officesand temporalities,
thus rendering
him an outlaw and, on January 24, 1542,a special
courier carried to Sousa peremptory orders to leave Rome
as soon
he could present his lettersof recall. His reportof the manner
as
not

1-21."

P"ramo,

Lib. vi, cap. iv."

niescas,Hist. Pontifical,
Ant. de Sousa,AphorismiInquisit.;
Be OrigineInquisit.
" 6. Feyjoo,Theatro
T
.
Disc.
iii.
critico, VI,
Hernandez,Verdadera Origen de la Inquisitionde
Portugal (Madrid,1789).
Salazar de Mendoza
(Ghronicade el Cardenal Don Juan de Tavera,pp. 11921) puts Saavedra's gains at 300,000 ducats and states that Paul III released
him from the galleysby a special
brief.
1
Corpo Diplomatic",
IV, 381, 404-5, 422-5
n.

pp. 227-32."

"

"

CHAP.

I]

INQUISITION

in which

this

OF

PORTUGAL

245

abrupt sunderingof relations was

Portugalwas

that it gave rise to fears that

from the Roman
obedience.1
This

deprivedthe
in Rome

New

and

received indicates
to withdraw

about

Christians of such aid

as

they had

which he improved by establishing

six
inquisitorship,
Lisbon, Evora, Coimbra, Lamego, Porto and Thomar"
the first three remained

discontinued
III

as

and

permanent

superfluous.2On

the others
the other

perseveredin his intention to inflictanother

and

chased
pur-

leftHenrique in peaceablepossession
of the

appointedto
Bergamo. An

tribunalsof which
quently
subse-

were

hand, Paul

nuncio

on

tugal,
Por-

that post

Luigi Lippomano, coadjutorletter of Diogo Fernandez,

bishop of
intercepted
the Roman
agent of the New Christians May 18, 1542,shows the
anxiety with which his coming was awaited and throws lighton
their relations with the curia. He is expectingthe money
with
which to pay the thousand
cruzados to the nuncio,who demands
it at once, althoughhis orders were
not to pay it until Lippornano
outside the walls of Rome.
was
Every one is clamoringfor money,
his senses.
He has agreedto pay a hundred
until he is near losing
and forty cruzados apiecefor the pardons of Pero de Noronha
and Maria Thomaz, which he sends,and asks for an immediate
remittance.
Then, on the 19th,he adds that he has that day been
compelled to pay the thousand cruzados to the nuncio; he has
raised the amount
by givingsecurityand, though he has disobeyed
orders,he prays that the money be sent, as without it all their
labor

and

expense

would

be wasted.

postscripton

the 20th

generalpardon which the pope had agreedto grant

at a future time.
People,he says, are wastingtheir money in
the pope prefersthat it should all be done
letters;
gettingspecial
and it is
all should contribute,
to which
in a generalprovision,
the most importantof all thingsto accomplish. It would appear
alludes to

from

the

case

of Antonio

Fernandez

of Coimbra

that,when

letters

obtained,the king promptly banished the

the king to
then procuredfresh letters requiring
grant them safe-conducts and permissionto sell their property,
real and personal.3
in this
Joao wrote to Lippomano not to come, and he persisted

exemption
who
recipients,
of

were

IH, 675." Corpo

Hercukno, H, 304-17, 332-40." Ciaconii Vitt. Poutiff.,
Diplomatico,TV, 388, 392, 399; V, 41, 54; XI, 388, 472, 473, 496.
2
Herculano, III,8-9.
*
V, 34, 70, 83, 114.
Corpo Diplomatico,
1

JEWS

246

againstthe
out, and

we

the

Nevertheless

entreaties of Charles V.
hear of him

in

in

Aragon

Portuguese treasurer

VIII

[BOOK

sent

the nuncio

August,where
detain him.

to

he

set

tered
encoun-

The

latter

ducats and of
of the payment of the thousand
fullyaware
the
the nuncio professed
the monthly stipend,
as to all of which
was

most

innocent

he

ignorance,and

lettersshowed

cepted
further stated that the inter-

that Cardinal Silva

was

to receive two

dred
hun-

"protector"of the Jews.

Nevertheless the treasurer was finally
persuadedto write favorably
his journeytowards Vallato his master, and Lippomano resumed
that the nuncio
dolid.1 Joao refused to be placated. On learning
had reached Castile he wrote orderinghim to advance no further
until he should hear from. the pope, to whom, on September 18th,
he addressed a vigorousletter,
demanding that no nuncio should
he was
be sent to interfere with the Inquisition;
not actuated,
and indeed,from
he said,by greed,for there was
no
confiscation,
and

another
the
a

crowns
fifty

source

we

was
Inquisition

have

month

to act

as

the assertion that the maintenance

costinghim

ten

or

eleven

thousand

of

ducats

year.2

different tenor.

had

assured the

Portuguesetreasurer that he did

to interfere with the Inquisition;
that his orders were
not come
observed justice;
if they did
only to see whether the inquisitors
the necessary
not, conscience would requirethe pope to make
of a very
provisions.His secret instructions,
however, were
Lippomano

He

was

told that he need not hesitate to act with

though observingexternal courtesy,for Portugal was

and approachingruin;the king was
fatallyweakened
completely
with
impoverished,oppressed
debt,at home and abroad, hated
while
by his people,and wholly under the influence of the friars,
his relations with France and with the emperor
were
unfriendly.
As for the Infante Henrique,if he was
not to be deprivedof the
he must
at least seek a dispensation
for
inquisitor-generalship,
lack of age, ask absolution for the past and ratifyor annul all
the precedingtrials. As for the Inquisition,
it would be a most
to the bishops;
holythingto abolish itand commit the jurisdiction
the nuncio was furnished with facultiesto do this,
or to suspend it,
and these he was to show openly,that it might be known
that this
energy,

was

at

1
2

his discretion. Meanwhile

he

could

issue letters to all

Ronchini, pp. 6-12." Herculano,III,64-5.

Corpo Diplomatico,
V, 90, 96, 98, 104-5, 113, 115-16, 117-20.

CHAP.

INQUISITION

I]
asked

who

for

them, on

OF

their

PORTUGAL

247

making payment,

and

pricewas
thousand

1539, suppressed by Capodiferro,

was

if the

even

small the aggregate would be large,

there
as
of them.
The declaratory
bull of November

were

fifty

13, (sic)

publishedwithout
affixed to the church-doors,
asked, so that they could use

the king;it need not be

consulting
but copiescould be givento all who
it when
and Henrique was
on
to
trial,
conform

must

such

to be told that

was

that he had
we

at his

to abolish the whole institution. Whatever

power
think of Joao's blind fanaticism,
cannot
wonder
we

may

objectionto admittingin
to set him

On

plans.

at defiance and

the other

of the New
him

he
it;if he protested,

ure
proced-

papal will and he could write to the pope if he so

told that pressure of all kinds
Lippomano was finally
be broughtto bear on him, but he must be firm and remind

would

came

be notified that all

the

was

chose.

them

to

to be

hand, a

his
to

kingdom

upset all his

letterin

there is no

most

cherished
the

spokesman
agent, remittingto
agonizedanxietyfor

cruzados, depictstheir
the coming of the nuncio;it will be their salvation
it is useless to spend money
is their destruction;
two

emissarywho

December, from

Christians to their Roman

thousand

an

and
on

his absence
briefs when

to enforce them.1

They might well feel desperate,

active and unsparing. At an auto held
for the Inquisition
was
in Lisbon,October 14, 1542, there appeared a hundred
culprits,
relaxed
and
Joao
de
in
of whom
were
Mello, reporting
twenty
this to the king,complainedthat it left the prisonsstillcrowded
for Herculano
this all,
with those on trial. Nor was
givesa terrible
of the atrocities perpetrated
full of revolting
details,
picture,
where,
everysuch
and

one

as

we

have

seen

set forth in the memorials

of Llerena

Jaen.2

Joao persisted
Although ignorantof the nuncio's instructions,
him admittance, until he should have an answer
in refusing
to
This was longin coming, and Lippohis letterof September 18th.
mano
to the Holy See shown
vainlycomplainedof the disrespect
For awhile
from one tavern to another.
in making him wander

then,on false news that he would

be received,he went to Badajoz, only to find the frontier closed
forced to stay,for some
to him, and there he was
months, hopeless
had been
and querulous.3Meanwhile, Francisco Botelho, who
he remained

2
3

in Salamanca

and

RonchinI, p. 11." Corpo Diplomatico,V, 134, 135, 140,

Herculano, III,116-199.
Ronehini, pp. 16, 17, 20, 23.

145,*
149, 152, 164,

CHAP.

INQUISITION

I]

The

was
Inquisition

One

of these conflicts was

OF

PORTUGAL

assisted in another

249

Through the
subsidized Cardinal of Paris,the Portugueseambassador, Balthasar de Faria,was
enabled to inspectall papal letters granted
Christians.
to New
In a letter of February IS,1544, he describes
the use made
of this information,
for he opposed each one, and
it was
the unfortunate pope being assailed
fought over bitterly,
both sides and driven to change his decisions repeatedly,
on
as
the rival influences prevailed.Information,
sent
was
moreover,
in advance to Henrique,so as to enable him to forestall the papal
ineffective. Henrique was
instructed to
graces or render them
disregardas surreptitious
everythingthat Faria had not seen,
to appealto the pope and to reportto Faria,for this was
the way
that the Castilian inquisitors
managed. It was a kind of guerrilla
warfare,in the interval of the greaterstruggles.1
send

close at hand.

way.

Paul

III resolved to

another

nuncio,charged with the duty of wrenchingfrom

the king Cardinal Silva's temporalities
and of moderating the
severityof the Inquisition.For this he selected Giovanni Ricci
da Montepulcianowho, at the same
time, was advanced to the
of Siponto. Faria flattered himself that he had
archbishopric
the nuncio's departure
tillthe king should
succeeded in postponing
be heard from, but in spiteof this Ricci started July 17, 1544.2
and did not reach Valladolid until NovemHe travelled leisurely
ber
5th, where he found awaitinghim Christovao de Castro with
his admittance.
He succeeded
letters from the king forbidding
in making de Castro believe that he had no instructionsconcerning
that would offend the king,who accordingly
Silva or the Inquisition
wrote November
28th,cautiouslyadmittinghim under these presumptions
It
with

this

so

chanced

however

letter,
Lippomano,

who

that,before the courier started

stillactingas nuncio, received
was

papal brief of September

and ecclesiastical judgesfrom exeall inquisitors
cuting
22d, inhibiting
New
sentences
Christians,or from
pronounced on
any
proceedingto sentence in any eases, until Ricci should arrive,
and reportas to the conduct of the Inquisition,
alter
investigate
This settled
known.
which the papal pleasureshould be made
the question;
copiesof the brief were sent to de Castro to justify
Ricci until
to the Spanish court the absolute refusal to admit
and

affixed at the church

1
2

doors

Y, 225, 273, 281-2.

Corpo Diplomatico,
Ibidem, V, 291; XI, 503." Ronchini, p.

26.

JEWS

250

should have

Joao

an

answer

time

June, 1544, until

VIII

demanding explanation
specialcourier. At the same

letters

to

despatchedby
reparation,
brief
the
was
obeyed,for

and

[BOOK

there

were

no

after

autos

more

154S.1"

Consideringall that had occurred duringthe pastten years, there

which it is difficult
about all this,
inexcusable aggravation
was
an
understand in the absence

to

of information

as

Christians in Rome, unless it was

of the New

that he would

have

to pay

roundly for

the

ing
to the secret workto convince

Joao

pleasureof persecuting

subjects. He exhaled Ms wrath in one or two letters to Balthasar de Faria and, on January 13, 1545, he despatchedSimao
the installation
da Veiga in hot haste with instructionsto demand
his

in satisfactionof
Inquisition

of the
recent

be

brief must

the

revoked, and Ricci

the
royalgrievances;

must

under

come

the

and must say nothingabout

imposed on his predecessor
Cardinal Silva, A prolixletter to the pope, to be read in Consistory,
the
but not intemperateand, considering
was
free-spoken
moderate
than the papal duplicity
much
more
was
provocation,
limitations

deserved.2

had

This letter remained

which

unanswered

nearly six months, during

tried on Joao's credulity. Cardinal
for

experimentwas
wrote
Sforza,one of the papalgrandsons,
another

in the

name

of the

admitted,all that he asked for the

would be conceded,and Cardinal Crescenzio confirmed
Inquisition
this verbally. With natural distrust,
however, the king asked
this to Faria,
and then he would admit
to have Paul himself ratify
Ricci. As late as June 22, 1545, he was
writingin this sense,
that,if the nuncio

pope

not

he

June

16th the pope had responded to his

affectation of benigbrief in which, with exasperating
nity,

knowing

letter in

that

was

on

pardoned

the wickedness

Joao's

of the New

againstJoao's
asperity;
Christians and

assertions of

the mildness

of the

he set the constant

Inquisition,
complaintsreachinghim of its
and the numerous
crueltyand injustice,
burnings of the innocent;
he was
under his jurisdiction,
and he could
it was
as
responsible
the truth of these conflicting
not forego the duty of investigating
of Cardinal Silva which
also the spoliation
statements; there was
be redressed. The brief closed with the significant
threat
must
1

cas,

Corpo Diplomatico,V, 306, 308, 311, 315, 317; XI, 507." Archive de SimanPatronato
Real, Inquisieion,
Leg. unico,fol. 34." Historia dos principaes

Aetos,
2

p. 256.

Corpo Diplomatico,
V, 320, 321, 324, 330,

344.

CHAP

that, if these
himself

matters

before

days

God

of the

ways

the written

that if he would
desired

the

king at

to the

not

expose

charge of negligencein

papal court

before the date of this

he

251

an

moment.1

devious

sent to Joao

PORTUGAL

remedied, he could

not

were

Almighty

affair of such
The

OF

INQUISITION

I]

admit

to the

as

on
brief,

the

June

that

assurance

nuncio,the

he would

would

grant all that

receivingthis

permit Ricci to enter

Four

demanded, promising

pope

Inquisition.On

to follow.

12th, Cardinal Sforza

was

repliedthat,in reliance

once

hard

are

in

August,

the cardinal's

on

Portugaland

ances,
assur-

he asked

the necessary
bull made
out and sent by Simao
the same
time he gave Ricci permissionto come,

have

to

da

Veiga.
At
cautiously
adding that it must be under the limitations imposed on Lippodid not arrive until September
mano.
Ricci,detained by sickness,
the bearer of the minatory brief of June
9th, and then he was
That

16th.

Joao

to his envoys

wrote

The

thunderstruck

was

that he knew

well be believed

may

not what

to

and

he

say.2

to revoke
the brief
sought a compromise, offering
of September 22, 1544, and that,after the nuncio had reported,
he would
leave everythingin the king'shands, but he refused
to carry out the promises of Cardinal Sforza.
No answer
was
of
revocation
and
reached
made out
was
givento this,but the brief
Ricci,January 18, 1546, accompanied with one empowering him
but the only
to act in case he discovered abuses in the Inquisition,
that Joao would permitwas that he should examine
investigation
the inquisitor
the papers in four or five cases and interrogate
cerning
con-

pope

them.

The

first case

submitted

burnt some
years before.
converted by force;he had at

been

been testifiedagainst
him, and had
the

Joao
inquisitor,

not

was

case

of

simulated

de

once

was

one

he had

Mello

genarian,
septuahad

than

had

confessed

beggedfor

of those who
more

Ricci asked

mercy.

Mello,why he had burnt him,

relapse,to which
because

He

that of

was

repliedthat

varied in the three

as

this

was

his

repentance
examinations,

found to be
the record the variations were
investigating
Ricci asked for a copy of the process to send to Rome,
trifling.
naturally
and it was
promised but not given. His report was
and the pope, assuming that the brief
adverse to the Inquisition
of 1536 had established it for ten years only,notified Joao that
but

1
2

on

Corpo Diplomatics,V, 405, 434, 442." Raynald.

Corpo Diplomatico,V, 448, 451, 453, 460, 470.

Anna!

aim.

1545,

n.

58.

[Boos

J-ffJTO

252
the term

had

expired:in

deference

to him

it

VIII

prolongedfor
to
as
question

was

told that,within that time,the

year, but he was
it was
settled;
suggested
Christians must be definitely
the New
or that he could banish
that
generalpardon could be granted,
a

kingdom.1
the gold of
assume
that,in such a crisisas this,
We may fairly
Christians had not been sparedin Lisbon or in Rome.
the New
and that some
had come
feltthat the turning-point
Joao evidently

them

all from

his

outbid his subjects. He had not

supreme effort must be made to
his side,in respondingto the urgent calls of
been niggardly,
on
towards the cardinals. Cardinal
liberality
ential
Farnese, the favorite grandsonof Paul III,and the most influhad a pensionfrom him of
of the Sacred College,
member
assignedin 1544 equallyon the
thirty-twohundred cruzaclos,
at a critical
its continuance:
to assure
of Braga and Coimbra
sees
for

his ambassadors

moment, in 1545, the arrearages and

paid to him, in
littlereserve

was

lump

sum

two

years

in advance

of thirteen thousand

there in these matters

cruzados.

were

So

that,after the death of

of Portugal,
Joao actually
the "protector"
Santiquatro,
suggestedthe employment of Paul III as his successor, pointing
to him from certain
out the large"propinas" that would enure
For these
the king was
soliciting.
as to bishopswhich
provisions

Cardinal

and for the payment to Farnese, he forwarded

Julius III
thousand cruzados.
for thirty-three
his

as

billsof
was

exchange

as

mercenary
in
to
hint
that a
a
Joao,
response
sent him a magnificent
diamond, valued
desirable,

predecessor.In 1551

present was
by the Roman

thousand cruzados.
at a hundred
Julius
jewellers
loom
was
greatlypleasedand declared that he would make it an heirin his family,but when the next year he intimated that
another gift
would be acceptable,
Joao, who was dissatisfiedwith
him at the time,refused to respond,sayingthat when the pope
acceded to his demands
to make
Henrique perpetuallegateit
would be time to think of givinghim something. This brought
Julius to terms; in 1553 the
Joao sent him a brooch.2

appointment

was

made

and

in 1554

Corpo Diplomatieo,
VI, 23, 42." Bonchini,pp. 31-2.
V, 361,391, 398,399; VII, 32, 51-3, 204,216, 241, 327;
Corpo Diplomatieo,
111.
VIII,
After Joao's death, the regency, in 1562, in return for a favor,sent to Pius
IV a coupleof rings,to which he loftily
that he did not desire such gifts,
replied
2

CHAP.

INQUISITION

I]

In such

matters

their monarch.
a

it

was

OF

PORTUGAL

253

difficultfor subjectsto compete with

Under

the pressure so skilfully

appliedby Rome,
brilliant idea occurred to Joao and, in a letter of February 20,

1546,to Balthazar de Faria,he suggestedthat,in

he
Inquisition,
and

would

revenues

from

grant
of the

Cardinal

see

to

of

Cardinal

return

Farnese

the

for

free

tration
adminis-

holding
Viseu,which he had been withat once
obtainingthe objectof

Silva,thus
his desires and gratifying
his rancor
against that unfortunate
prelateby deprivinghim of papal support.1 This dazzlingbribe
Paul's scruples
to the Almighty
overcame
as to his responsibility
for Silva.
and his friendship
The Holy See has been stained
with many
but its history
has
examples of nepotismand rapacity,
furnished few transactions of more
shameless effrontery
ficing
in sacriit was
those whom
Paul strove
pledgedto protect. Still,
semblance
to maintain some
of decency in abandoning the New
and he advanced a demand
that there should be a
Christians,
generalpardon for past offences and the grantingof a term during
which those desiring
to emigratecould leave Portugal. Joao was
determined to get all that he could,and a series of intricate negotiations
inwhich
took place,
of
the
whole
and
1546
1547,
occupying
each side endeavored
to outwit the other with littleregardto consistency.
Matters were
complicatedby the questionof the accrued
of Yiseu,which Joao was
loath to refund,and which
revenues
Paul demanded, for the convenient receptacle
of the fabric of St.
Peter's. Ignatius
Loyola took a hand in the fray and so did two
of the Council of Trent, Fracle Jorje de Santiago,an
members
and the Carmelite Balthazar Limpo, Bishop of Porto,
inquisitor,
scandalized
honest and free-spoken
much
an
fanatic,who was
that a brief of safe-conduct had been secretly
by ascertaining
Christians to Italy,with
issued,invitingthe Portuguese New
of their religion.
of not being disturbed on
account
assurance
Thus, as the bishop said,those who had been baptizedat birth
and were
came
immediately circumcised and filled the s}Tnaeyes of the pope" the inference being
gogues under the very
that he desired free emigrationfrom
Portugal,in order that
and industry of the aposItaly might benefit by the intelligence
"

of little
previouslyhad them appraised and found that they were
tro,
value. There was some
indignationfelt in the papal palace and Alvaro de Casin reportingit,dwelt on the importance of keepingthe pope well-disposed,"
Ibidem, X, 19, 20, 21.
1
Corpo Diplomatic",VI, 23,

but

he had

tates,an

argument which

freelyused

was

VIII

[BOOK

JEWS

254

and

not easy

was

to

answer.1
In the

springof 1547, as

matters

seemed

to

ment,
settle-

approach a

successivelydrafted. One of
pardon for past offences;all prisoners
May llth granteda general
to be released,all confiscations returned, all disabilities
were
the

briefs

necessary

were

removed, and reincidence was not to incur the penaltyof relapse.

to
of July 1st addressed to Cardinal Henrique announced
One
that the pope

him

with
grantedthe Inquisition,

had

full powers

Corpo Diplomatic, VI, 95, 101, 105-23, 139, 141, 144, 170-5, 176-77, ISO,
1S3, 1S6, 19S-20S.-" Ronchini, pp. 37-8." Stewart Rose, St. Ignatius Loyola
Loyola
and the earlyJesuits,p. 406 (New York, 1S91). Gothein,Ignatiusvon
und die Gegenreformation,p. 611 (Halle,1895).
It was
freelystated that Julius III continued the practiceand sold,for a
1

"

had been
year, licence to seventy heads of families who
of
in
which
hundred
two
Ancona, a privilege
baptizedin Portugal to Judaize
thousand

children.

advantage, with their wives and

took
The
to

cruzados

facts of this curious

elaborate

an

"

Corpo Diplomatic",VII,

378.

that Paul III issued letters of safe-conduct

in Ancona, including both

foreignmerchants
21, 1547, in

episode

are

Turks

and

Jews.

brief,speciallyfavoringthe

New

Then,

ary
Febru-

Christians of

promised that,for all accusations of heresy or apostasy,they should

be subjectexclusivelyto the pope in person, all judges and inquisitorsbeing
forbidden to prosecute them.
Feelingtheir positionuncertain, they bargained
with the local authorities that, for five years, they should be undisturbed and
that any one
prosecutedshould have free permissionto depart. In 1552 they
which he gave by a brief
presentedthese articles to Julius III for confirmation,
of December
to molest them.
6th,forbiddingjudges and inquisitors
Paul IV,
withdrew
this
and
1556
ordered
their prosecution,even
however, April30,
if
notorious that for eighty
they denied under torture their baptism, as it was
could live in Portugal except as a Christian. This was
years no Hebrew
at the
instance of Cardinal Caraffa and his other nephews, who
thereuponseized the
and property of the Jews, who
arranged a compromise for 50,000
persons
unable to raise the money
in the time specified,
ducats, but were
whereupon the
Portugal,he

Caraffas held
states that

the

property, estimated

at

300,000 ducats.

contemporary

than

eightyof them were burnt or sent to the galleys. Collect.

Decret. S. Congr. Sti Officii,
Judaizantes (MS. penes me)." Decret S. Congr.
s. v
StI Officii,
334-6
del R. Archivio di Stato in Roma, Fondo
(Bibl.
327,
pp.
Vol. 3)."Bibl. nationale
Camerale, Congr. del S. Officio,
de France
fonds
430, fol. 109.
italien,
During the firsthalf of the seventeenth century, the popes earnestlyendeavored
to force Venice
to exclude
the Portuguese refugees,
when
the decrees of
more

"

Paul III and Julius III

in all Italian cities
have

were

were

persistently
quoted

urged

to active

work

in their favor.

The

inquisitors

against them, but they

seem

to

favored by the local authorities. Those of Pisa and Leghorn were

liberal."Collect.
Decret. loc. cits- Albizzi,
especially
Riposta alTHistoria dalla
S. Inquisizione
del R. P. Paolo Servita,
194-212.
pp.
been

I]

CHAP.

INQUISITION

procedure. One

OF

PORTUGAL

255

of

July oth,to Joao informed him that the

bearer, Cav.
Ugolino fa nephew of the late Cardinal
and exhorted
Santiquatro)carried the bull for the Inquisition
him to see that the inquisitors
exercised their powers with moderation.
for Farnese
Ugolinowas also empowered to take possession
of

Giovanni

of the
the

see

of Viseu

arrears

of

and the other benefices of Silva, and

for the fabric of St. Peter's.

revenue

to collect

There

were

of

July loth, one appointingFarnese administrator

the other withdrew
for lifeof the see and the benefices;
and annulled
briefs

two

all the letters of

exemption from

the

which the
Inquisition
Christians had been for so many
New
years purchasingat heavy
under date of July 16th,came
cost.
the longsought-for
Finally,
for Portugala free and untrammelled
bull,Meditatio cordis,
instituting
the rigorInquisition.It declared that the pope, desiring
ous
of
the
atrocious
of
crime
revoked
all
punishment
heresy,
previouslimitations on its powers, and conferred on it all faculties
To render effective the withdrawal
at any time grantedto inquisitors.
of the letters of exemption,it evoked to the pope all cases
pending before other judgesthan Cardinal Henrique,and committed
them to him and his deputies
with ftillpowers.
That Paul
did not, without
thus abandon
the
some
qualms of conscience,
Christians who
had contributed so liberally
New
to the curia,
is suggested
loth,in which he
by a subsequentbrief of November
told the kingthat,as he had grantedto Portugala free Inquisition,
acted with
he earnestlyexhorted him to see that the inquisitors
severity,in consideration of the
charity and not with judicial
of the neophytes,for this would be most
weakness
to
gratifying
him.1
is visible in the instructions
pope'sanxietyto save appearances
from Paul bore that his wishes were
to Ugolino. Those
to be discharged;
all prisoners
were
that,under the pardon brief,
those who had to abjureshould do so before a notary and not in
The

auto

an

de

fe;that for

year

no

one

was

publicand

to be

relaxed,no

arrests

scandalous

and
offences,
in other crimes, while,if
to be conducted
as
were
prosecutions
it should be
the law prohibiting
emigrationcould not be repealed,
kept quietfor a year thus hidingfor a twelvemonth his betrayal
of the friendless.2 The instructionsfrom Farnese were
more
openly
were

to be

made

save

for

"

ann.
3

VI, 152,159, 160, 163, 164, 166, 210." Raynald.Annal.

Corpo Biplomatlco,
1547, n. 131, 132.

VI,
Corpo Diplomatic*),

220.

CHAP.

OF

INQUISITION

I]

PORTUGAL

257

in

and
only on March 24th
settling
details,
respectingSilva's temporalitiessigned;Joao

assignment
he had

of the

accrued

finallysubmitted.
10th,the prisonswere

but he
June

told,for the most part were

through seventeen
years,

agreement
grumbled at the
fabric of St. Peter's;

to the

revenues

agreed to surrender

not

them

and

the

was

did not

intend to do so,
published in Lisbon,

The

pardon was
emptied and the abjurations,
we
are
after
private.1Thus,
a contest lasting
the Inquisition
fastened
tugal
Porwas
upon

vicissitudesof the strugand, in reviewingthe kaleidescopic

gle,
in
cannot
the
we
trace, any act of
Holy See,a highermotive
than the sordid one of making, out of human
misery,a market for
the power of the keys and selling
it to the highestbidder.
Christians promptly sought to save
The New
a fragment from
the publication
of the names
the wreck, by obtaining
of witnesses,
based

the canonical

on

only in the
on

III

of

case

provisionthat they were

who
powerfuldelinquents,
With

accusers.

this view

to be

suppressed

could wreak

they procured

geance
ven-

from

Paul

brief of

that New
Christians and
January 8, 1549, defining
others could only be deemed
munication
powerfulmen, in respectto the comof witnesses' names,
cising
providedthey were nobles exerofficersin
or
jurisdiction
over
vassals,publicmagistrates,
the royal palace. There seems
to have been some
delay in the
of this but,when it came
to the knowledge of the king,
publication
he sent,August 13, 1550, a copy of it to Julius III,with an urgent
1

VI,
Corpo Diplomatico,
is

There

some

248-9."

Ronchini,p.
that

satisfaction in knowing

death

41.

Cardinal

Farnese

made

but

little

grandfather,in November,
the effrontery
to demand
Farnese
difficulties
of the see of Viseu.
his resignation
interposed
but, in 1552,
installed in his place. Soon afterwards, in September
Pinheiro was
Gonsalvo
1552, we hear of his taking refuge in his legationof Avignon, partly for safety
of his necessities. Corpo Diplomatico,
and partlyon account
VI, 422, 423; VII,
out

of this wretched

business.

The

of his

of influence and, in 1550, Joao had

1549, deprivedh?m

"

151, 165, 174, 184.

Joao's
of Julius

malignitytowards Cardinal
III,he heard that the new

and
Joao

be

regarded

as

the ambassador

borne

an

out

down

with

age

VOL.

honor

this time

injury. By
compassion

of

instructions

months, until March, 1554, and

died in June, 1556."

unquenchable.
compassion for

felt

forbore

or

Silva
to

grace
was

On

the accession

Silva and

conferred
reduced

he

on

to

deliver the message,

structed
in-

Silva

penury
when

emphasis. In spite of
three j-ears later,
asking Joao to pardon Silva,who was
for eight
and infirmities. Joao left the letter unanswered

angrily repeatedhis

this Julius wrote, some

was

pope
to tell Tijtmthat any

his ambassador
would

Silva

then

with

wrote

additional

with

studied

evasiveness.

Corpo Diplomatico,VI, 389; VII, 25, 244, 330.

IT

Silva

tB"OK

JEWS

258

vm

request for its revocation as it would prove the total destruction

the Portuguese
ensued between
A long struggle
of the Inquisition.1
in which, for some
and the New
Christians,
ambassadors
latter

time,the

successful. Into these details it is not worth

were

while to enter, but the final incidents are

of business in the papal court to be
course

illustrative of the

too

Paul IV

passedover.

May 23, 1555; while yet a cardinal

pontificate
to the brief,and the ambassador,
expressedopposition
de Lencastro,with the assistance of the Grand Inquisitor,

succeeded to the
he

had

Affonso

winning him

in

to be

there chanced

over.

sent to the dataria for

approved and

and

future Pius V" had not

The brief of revocation

the

Cardinal Alessandrino"

secretary called for the brief,he

had done

justand holything,and

time,and his reckless

at the

the

ample occupationfor

sador's
the ambas-

told that Paul

was

III

Portugalthe inquisitors
withheld and, when
was

pope that his datary refused to obey

could be got
into it. Nothing more

complaintwas made to the

orders,he promisedto look
from him

despatch. The deputy

that in

brief

everybody. The

to burn

wanted

drafted

was

Christian and, when

CastilianNew

culty
diffi-

much

war

few

next

with

years.

gave him
Lencastro however

PhilipII

in April,
1559, by Lourengo
replaced,
brought urgent instructions to procure the
Peace with Philipwas
proclaimedApril5,

continued his efforts until

Pirez de

Tavora, who

brief of revocation.

broken and was

his 84th year, was
his prosecution
of Cardinal Morone.

1559, but Paul IV, in

engrossedwith

over
more-

castro
Len-

Pirez,however, labored with the Congregationof the

which, on July 22, approved of the revocatory brief.
Inquisition
They carried it.at once to the pope and, with the aid of Cardinal
Alessandrino,obtained the promise of his signature.To their
dismay they learned the next day that it had not been signed.
and

was

had drawn
signet-ring,
append it,when he glancedover

called for his

Paul had
about

to

suit

did not
revocation

for it

was

not easy

blame.
inferring

without

He

almost his last act, for he died

was

weeks

no

briefs had

and

Pius IV

time

and, on

the

him,

was

been

not

expedited. The

sent for and

1

to

its bag and

brief;the

give a

laid it

conclave

was

for

reason

aside,and
and

amble
pre-

this

for three

prolonged

Pirez lost

26th.

no

January 2, 1560, before

congratulation,

coronation,he urged the

was

the

August 18th

elected tillDecember

his visit of

it from

the pope.
his approval. The

matter

gave

on

sandrino
Cardinal Ales-

secretaryAra-

V, 391, 392; VIII, 291.

Corpo Diplomatico,

CHAP.

I]

INQUISITION

first

one

to

success

signed
the profound

after the

knowledge of

the

PORTUGAL

259

instructed to draft the brief and itwas,

goniawas
the

OF

coronation.

its opponents

he twice

which

secrecy

Pirez

as

attributed

Pirez

kept the

and, in

solemnlywarned

the midst
Cardinal

thought,
his

from

measure

of his self-congratulation,

Henrique to

use

with moderation
his powers
it would be easy
for,under the brief,
Christians.
It was
in vain that they soughtto
to burn the New

obtain its revocation;

their
and
disregarded,

agents and their memorials

alike

were

the

of the names
of witnesses became
suppression
the established practicein Portugalas in Spain. All hope of
was
relief,
extinguishedwhen, in September, Prosmoreover,
sent as nuncio,Cardinal Henrique was
pero de Santa Croce was
in all matters
reappointedlegatea lat"re,
concerningthe faith,
thus cuttingoff all appeal and all interference with the Holy
earnest
Office.1 The
persistencewith which
permission to
withhold the names
of witnesses was
sought shows how great a
their publication
to condemnation
hindrance
proved, and this
the fact that,duringthe continuance of the proprobablyexplains
hibition,
of the Inquisition
restricted.
the activity
of
A
list
was
autos de fe, as completeas research could compile,indicates that
Lisbon celebrated
tribunals,

of the three established

1559, nor

to

the archives

Coimbra
to account

preservedin Evora,
1552,

1555

until 1567.

and

for

be

may

some

auto

prior

defect in

and they
this,

for there

1560.

There

no

After

have been better

may
find autos recorded in 1551,

we

this

they became

to the time

frequent
conquest by

more

of the

but, up
severity,
PhilipII,in 1580,the whole number of autos recorded in the three
in which there were
and
tribunals was onlythirty-four,
a hundred
in effigyand nineteen
relaxations in person, fifty-one
sixty-nine
increased in

and

hundred
1

and

The
penitents.2
ninety-eight

number
insignificant

VII, 49, 255, 291, 336, 437, 458, 479; VIII, 82, 94, 108,
Corpo Diplomatico,

142, 150, 161, 181, 185, 195, 197, 205, 225, 239, 275, 289, 296, 310, 460, 466,
475, 476, 491';IX, 40, 81, 120, 125, 150.
2
Historia dos principaes
actos, etc.,pp. 256-9, 292-5, 312-13
in
the
The numbers
respective tribunals are
"

Relaxed
In person.

In

effigy.

Penanced.

Lisbon

37

270

Evora

87

12

1023

Coimbra

45

37

705

169

51

The

interestinglist of autos, from which

tables,is probablybased

on

the

I have

summarized

from
compilation

1998
this and

the records

made

ing
succeedabout

VIII

[BOOK

JEWS

2flQ

when
compared with the multitudes that
effigy,
to indicate that they
in the earlySpanishautos,would seem
figure
merely those who escapedfrom prisonor died duringtrial
were
the Portuguese inquisitors
and that,in the absence of confiscation,
of relaxations in

the records of

followingup
The

tracingthe heresies of

in

earnest

not

were

ancestors

or

in

fugitives.

in fact,had
questionof confiscation,

left by Paul

been

III

for
king,who found in it a financial resource
decennial
for a consideration,
his bankrupt treasury by granting,
continued by the Regency after
periodsof exemption a practice
of the

in the hands

"

Joao's

death.

to pay

the

Probably in 1568,

pricedemanded,

for

the New

Christians hesitated

brief of Pius V, dated

July 10th
June 7th,

of that year, recites that the last term had expiredon

that it served
and that King Sebastian had not renewed it,finding
incentive to- heresy,and that he had asked the pope not to
as an
This Pius willinglypromised and withdrew
listen to

appeals.
which
all privileges

this induced

them

to

After this

terms, for the exemption was

African
his ill-starred

succeedingto

on

to

come

newed.
re-

decennium, Sebastian againgrantedit in his

providefor

efforts to

Christians might enjoy. Doubtless

the New

the

but
expedition,

throne, felt his conscience much

rique,
Henturbed
dis-

apostasy. He appliedto Gregory

XIII who, by a brief of October 6,1579,renewed the one of 1568,
by Sebastian.1
and permittedHenrique to revoke the grant made
at this concession

Portugalthe next
hear nothingmore

As
we

to

of
year passed into the hands
of exemption from confiscation.

PhilipII,

to extend to his
neglected
The New
of the Inquisition,
the blessings
colonial possessions
Christians had largelyavailed themselves of the opportunities
presentedby the colonial trade,and had established themselves
freedom there had
in Goa and its dependencies.The comparative
doubtless encouragedthem to observe less caution than at home,

It is somewhat

he

that Joao

begun his missionary labors

scandalized by what he saw and, on November
30,

for St. Francis

when

remarkable

was

Xavier

had

scarce

Machado, of which there are copiesin the Public

1767, by Diogo Barbosa
R. J. H. Gottheil,in Jewish Quarterly
See Professor
Library of Coimbra.
Review, October, 1901, pp. 90-1.
These

lists

are

probably

defective

writing in 1564, states that for

from

twenty

to

forty persons

number

and

two

for the

early years.

contemporary,

of years there had been burnt annually

hundred
penanced. BiW. nationale de

France, fonds italien 430, fol. 109.

1
IX, 150; X, 315, 546, 556.
Corpo Diplomatico,

"

CHAP.

I]

INQUISITION

1545, he wrote

urgentlyto

tribunal.
inquisitorial

the

PORTUGAL

king

No

response
11,1557,leavingthe

died June

Joao

OF

as

261

was

Sebastian,a
dowager Queen Catalina,who

necessityof

an

made

to

to his

grandson Dom

crown

child in his third year,

the

to

under

his

appeal.

the regency

of the

resignedit,in 1562, in favor of

Cardinal
of the
mindful
Henrique. The Regency was
more
needs of the Indies than the late king and, in March,
spiritual
1560,
Aleixo Diaz Falcao who, by
Henrique sent to Goa as inquisitor
the end

of the

sinisterrenown

the most

as

Pirez,the

rengo

founded

year,

tribunal which

in time

in Christendom.1
pitiless

ambassador

Rome,

at

this

earned

When

Lou-

learned

through Egypt of
Regency his apprehension

he expressedto the
establishment,
that this zeal for religion
would prove a disservice to God and to
the kingdom, for it would drive to Bassorah
and Cairo many
who

would

aid the

more
Justified

was

in both

enemy

of the tribunal

fullythan
was

Indian
flourishing

finance and
he

war.2

His

for,to
anticipated

the

largelyattributable the decay

possessionsof Portugal. After

prevision

activity

of the

once

exhausting
it turned its attention to the native Christians,
the New
Christians,
who rewarded so abundantly the missionarylabors of the Jesuits,
for Portugaldid not follow the wise example of Spain in exempting
for these
native converts from the Inquisition.It was
impossible
folk to abandon
completelythe superstitious
practicesof
poor
their ancestors,and any relapseinto these,however
was
trifling,
treated similar lapsesby
visited with the rigorwith which were
Even
of the Peninsula.
the Conversos
PhilipII recognizedthe
impolicyof this and, in 1599, he procuredfrom Clement VIII a
the penaltiesof
to commute
brief empowering the inquisitors
but
relaxation and confiscation for relapse,
up to a third relapse
and the facultywas
further,

no

It is not
in
a

littleremarkable

limited to the term

that

no

tribunal

of five
was

years.3

established

Brazil,althoughthe New Christians who abounded there proved

element,from the encouragement which they
very troublesome

de
Sousa, Aphor. Inquis.,De Origme, " 6. The Relation de I'Inquisition
of his sufferings
account
there,
Goa by Dr. C. Dellon (Paris,1688) giving an
1

"

It has been

is well known.

documents,
have

translated into Portuguese,with

by Miguel Vicente

occasion

to

copiousnotes

(Nova-Goa, 1866), to

d'Abreu

whom

we

and
shall

refer.

DC, 112.
Corpo Diplomatico,
similar brief
A
Ibidem, XII, 77.
no
1625 (Ibid.p. 246) but, as it makes
2

is that these

were

was

issued

reference

sporadicand

by

to any

not continuous

Urban

VIII, April 22,

precedingact, the presumption
grants of power.

gave to the Dutch

commissioner
a

viii

[BOOK

JEWS

262

in their effortsto obtain

there,but his powers

foothold.1 There

was

collecting
Lisbon,where
notingthat,in

limited to

were

it with the accused to

transmitting
they were tried and punished.2 It may be worth
to
itselfnever
the treaty of 1810 with England,Portugalbound
in its American
possessions.8
establish the Inquisition
was
be said that the Portuguese Inquisition
it may
In general,
evidence

and

modelled

on

that of Castile. A

Sebastian and

Dom

Henrique

series of edicts issued

confirmed

and

by

by

later

Dom

kings,

exemptionsand
privileges,
immunities which they enjoyedin the sister kingdom. This gave
and to a multiplication
and competenciaSj
rise to similar quarrels
class even
of the privileged
greaterthan in Spain, In 1699 we
to enforce a decree of 1693,which
Pedro II endeavoring
find Dom
limited to six hundred and four the familiars allowed in the larger
each,4
to be reduced to one
or two
towns, while small placeswere
of the Inquisitions
of
difference in the organization
The main
in the Portugueseofficialsknown
as
the two kingdoms was
depuat least four were
appointedby the inquisitortadoSjof whom
each
constituting
general,as assistants to the three inquisitors
tribunal. They were
requiredto possess qualifications
entitling
them to promotion as inquisitors;
they performed such duties as
might be assignedto them and, in the consulta de fe,theyreplaced
with the distinction that they cast decisive
the Spanish cortsultores,
To render a sentence
and not merely consultative votes.
legalat least five votes were requiredbesides that of the Ordinary.5
There was
no
appeal from a definitive sentence, for the reason
grantedto

that it
1

For

officialsand

made

not

was

familiars the

known

the

to

culpritbefore the

in

auto

these

elaborate papers by the Rev. George

forgottenstrugglessee some
in the English Historical Review for 1899 and 1900.
Edmundson
2
In the Lisbon auto of March
14, 1723, there are few Judaizers and all are
residents of Portugal. In that of October
10, 1723,the Judaizers are numerous
from Brazil.
and a large portion of them
are
Evidently a fleet had arrived
during the interval. Royal Library of Berlin,Qt. 9548.
In 1618, however, we hear of an inquisitor
sent from Portugalto Brazil,
whose
drove
New
Christians to seek refugein Spanish
numerous
operations speedily
en las Provincias del Plata,
territory. J. T. Medina, La Inquisition
pp. 155-61
3
(Santiago de Chile,1900).
Miguel Vicente d'Abreu,p. 115.
"

"

Did.

Guerreiro Camacho

de

Aboym,

De

Familiarum
Privilegiis

etc.,pp.

12-

18, 21 (Ulyssipone,1759).
5

Francisco

de

Castro,Regimento

do Santo

Officio da

de Portugal, Liv. i, Tit. i," 1; Tit. iii,

"" 13, 14; Tit. v,

(Lisboa, 1640)." Sousa Aphor, Inq. Lib. i, Cap. i,n.

dos Reynos
Inquisicao

" 6; Liv.

14,

n, Tit.

ii,"

13

CHAP.

INQUISITION

I]

it

which

OF

PORTUGAL

263

pronounced, but all interlocutorysentences and

intermediate proceedings
were
subjectto appeal,and the Supreme
Council

was

tribunals

the

Spain.1

exercise

to

came

earlier than

even

The

minute

supervisionover
have

we

minuteness,indeed,of

seen

was

of

act

every
the

in

case

the details

prescribedin the
de Castro,printed in 1640, left
Regimento of Inquisitor-general
little to the discretion of the inquisitor,
and their systematic
arrangement, in an authoritative code of procedure, affords a
and often contradictory
carte
strongcontrast to the cumbersome
which
lumbered
the
of
the
secreto
acordadas,
Spanish tribunals.
up
of
the
the purification
of
object the Inquisition
was
Although
not confined to this,and it early
the land from Judaism, it .was
influence on the intellectual
proved that it could exercise its blighting
development as well as on the material prosperityof
whom
Andre
de GouPortugal. Among the learned foreigners
v"a, at the request of Joao III,brought to Portugal,in 1547, to
of Coimbra, was
found a college
of arts in his University
George

Buchanan,
and

soon

professorof Greek.

as

afterwards

who
by Jesuits,
The

process

were

was

becoming the dominant

Buchanan

Inquisitionand thrown

againstthe former

that

was

he

had

eaten

views
Augustin's

on

meat

in

year,

replaced

others

two

prison. The

were

sation
accu-

against
poem
of
the
disrespectfully
friars,

spoken
in Lent, that

the Eucharist

and

in the land.

power

he had written

the Franciscans,that he had

that

died within

driven out to be

were
foreigners

simple one.

the

prosecutedby

the

Gouv"a

were

he

had

said

that

St.

akin to those condemned

thought to be ill-affected
by Rome, and generallythat he was
After incarceration for eighteenmonths,
towards the Holy See.
sentenced to reclusion in a monastery for instruction by
he was
he describes as
the monks, whom
good-naturedenough but
wholly ignorant.On his liberation Joao offered to retain him,
to escape
but he took the earliest opportunity

to

England.2

Castro, Regimento, Liv. n, Tit. xxiii.

Vita ab ipso scripta. Lopez de Mendonca, Damiao
Georgii Buchanan!
Goes e a Inquisipaode Portugal,p. 21 (Lisboa,1859).
1

De

The

"

de

V of Scotland.
written at the request of James
the Franciscans
was
on
poem
before
to leave the country and,
venturing to Portugal,
It forced Buchanan

he made

his

King JoSo. A brief extract will show

At nunc
vera
pietaterelicta,
posteritas,
Degenerem qusestum sordesque secuta, caducas
Cogit opes, ficta et sub relligionepudendos

excuses

for it to

Occultat
Seducit

mores

stolidum

et, fama

innixa

parentum,
imagine vulgus.
pietatis

its temper

:
"

CHAP.

INQUISITION

I]

OF

PORTUGAL

265

If fortyyears of orthodoxycould not atone for a youthful

vacillation on one
two
of
it
or
points faith, can readilybe

known.1

estimated how

the Holy Office in

instrumentality
was
stuntingthe development of Portugueseintellect.
When, in August, 1578, Cardinal Henrique succeeded to the
of his grand-nephewSebastian,
he did not resignthe inquicrown
sitor-ge
for fifteenmonths.
He had previously,
however,
February 24, 1578, on account of age and infirmity,
on
procured
the appointment as coadjutor,
with the right of succession,
of
Manoel Bishop of Coimbra, but the latter disappearedwith his
and it was
not
sovereignin the disastrous rout of Alcazar-Quibir,
until December
27, 1579 that,at Henrique'srequest, Gregory
him with Jorjede Almeida,Archbishopof Lisbon.2
XIII replaced
he
Henrique's death soon
followed,January 31, 1580, when
detested and only regretted
passedaway, universally
because,in
the rivalryof claimants to the throne,and in the exhaustion of
the way was
the land throughfamine and pestilence,
open to the
under the
conquest by PhilipII. In the reorganization
easy
not merged with that of Castile,
was
Spanishcrown, the Inquisition
left as an independentinstitution under the Archbishop
but was
of Lisbon,for Gregory XIII refused the request of PhilipII for
of the Spanish inquisitorbrief adding it to the jurisdiction
a
general.3The nomination,however,accrued to the Spanishcrown
dinal-Arc
and, in 1586, on Almeida's death,the post was given to the CarAlbrecht of Austria,who
also Governor of
was
of the Inquisition
increased
Portugal.4With his advent,the activity
In the twenty years, 1581-1600,the three tribunals held
in all fifty
but
autos de fe. Of these the recor'dsof five are lost,
there were
and sixty-two
relaxations
a hundred
in the other forty-five
and twenty-ninehundred and
in person, fifty-nine
in effigy,

potent an

de Goes

Inquisicaode Portugal.

Mendon^a, Damiao

X, 537, 569.
Corpo Diplomatics,
6.
n.
Llorente,Hist. crlt. Cap. xix, Art. iii,
Corpo Diplomatic",XII, 23. As Cardinal Albrecht was
rule was
necessary
derogationof the minimum
a special

3
*

age

remarkable

is the fact that his commission

only
in his

25
case.

over
granted him jurisdiction

years

of

More

bishops

of his successor, Antonio

the commission
Bishop
Albrecht left Portugal,
his
it
such
contained
enlarged
jurisdiction
no
of Elvas July 12, 1596,
provision;
from simpleheresy to sorcery and divination and the censorshipof the
however
When

press.
"

Ibidem,

p. 70.

JEWS

266

for the
As the penitents,
seventy-ninepenitents.1
have

VIII

[BOOK
most

part,must
estimate the severityof the

can
we
confiscation,
in a populationso limited.
persecution
from
Large as must have been the receipts,

suffered

the

beginning,

New

Christians,
as
they
they were
in
had been by the compositions
Sebastian,
paid to the crown.
satisfied his conscience by representing
continuingthis practice,
did not exceed
of the Inquisition
to Gregory XIII that the income
insufficientfor its support,wherefore
5000 cruzados,which was
the pope grantedto it two-thirds of the fruits of the firstprebend
in each of the Cathedrals of Lisbon,Evora and
vacant
falling
and one-half of one in each of the other sees of the kingCoimbra
dom.
resistance
the
this
evoked
It is probablethat
on
a sturdy
carried into effect and, when
for it was
never
part of the churches,
PhilipII became master of Portugal,althoughthe confiscations
no
were
longercompounded for,he renewed the request,stating
while the revenues
that 14,000 cruzados a year were
requisite
did not exceed 10,000 ducats.
Gregory responded with a briej
derived

from

the

confiscations of the

its
insufficientto satisfy

rule

the

grant,at the

same

time

prebend in Lisbon,Evora and Coimbra

one-third in the other sees, nor is itlikely
that,under the stern
allowed to be nugatory.2
the grant was
of Philip,

reducingit to
and

diverted
exigencies,

28, 1583 in which he renewed

of June

wealthy

one-half of

apprehend the impulseswhich led to a

wholesale
emigrationto Spain of those who felt themselves
aliens in the land of their birth. Under Spanishrule the condition
in 1595, by the Venetian
of Portugalwas
as described,
deplorable,
It is not

envoy

difficultto

Francesco

Vendramini.

Lisbon,which had been

rich and

it formerlyowned
seven
populous city,was almost uninhabited;
hundred
ships,but five hundred had been capturedby the enemy
All
(mostlyby the English)and but two hundred remained.

Historia dos

The

numbers

Actos,pp. 258-61,294-7, 312-15.

principaes
in the

respectivetribunals

are

"

Relaxed
In person.

In effigy.

Penanced.

Lisbon

29

559

Evora

98

16

1384

Coimbra

35

37

1036

162

59

2979

Corpo Diplomatic",XII,

14.

CHAP.

this

INQUISITION

I]
was

OF

PORTUGAL

267

to the king,who
not, he says, displeasing

desired to

keep

them

because they were

impoverished,
unwilling
subjects.1Thus
of commercial
the rewards
more
were
enterprise
promising
in Spain, and the emigrantmight hope that,in the absence of
knowledge of his antecedents,the danger of persecutionwould
be less. The immigrationthus was
large,and before long its
effects began to show themselves
in the records of the Spanish
Inquisition.Convictions for Judaism, which had become comparatively
of the
few, increased rapidly-and,where the nativity
the term Portugueseoccurs
delinquents
happens to be specified,
with ominous
frequency. In 1593,Toledo had seven Portuguese
trial but, as there was
but a single
witness and they did not
on
their cases were
confess under torture,
suspended. The next year
tribunal held an auto in which appearedfive Portuguese
the same
burnt of others,
either fugitive
were
.in person and nine effigies
or
there was
in
which
auto
dead.2 In 1595, at Seville,
an
were
ished
punbesides
four burnt in effigy,
and soon
Judaizers,
eighty-nine
there were
covered,
afterwards,in Quintanar del Rey (Cuenca),
thirtydisof whom

the obstinate

ones

were

burnt and the rest

were

reconciled.3
both at home
and in Spain,
PortugueseNew Christians,
were
wealthy
growingrestive under increasing
pressure; they were
in
arid could afford to pay for a respite the shape of a general
includingcases on trial. In 1602 negopardon for past offences,
tiations
were
opened with PhilipIII for a papalbrief to that effect;
Portugueseorthodoxy took the alarm, and the Archbishopsof
where the court
Lisbon,Braga and Evora hastened to Valladolid,
to which such transactions
lay,to present remonstrances.
Spanishpiety,
were
a
novelty,was no less exercised,and direful predictions
made
were
as to the evils that it would
bring upon the
land.
Philipand his favorite Lerma, however, were desperately
in need of cash, and all scruples
were
overcome
by the dazzling
thousand cruzabribe of 1,860,000ducats to the king,besides fifty
The

Lerma, fortythousand to Joao de Borja and thirtythousand

of the Suprema Council,and
to Pedro Alvarez Pereira,members
The papal
thirtythousand to its secretary Fernao de Mattos.
dos to

issued,August 23, 1604 but, at

near
being wrecked by the
bargain came
brief

was

Relazioni

MSS.

Pdramo,

of

Venete, Serie I, T. V,

Library of
p. 304.

Univ.

of

the last moment, the

demand
of the New

p. 449.

Halle,Yc, 20;

T. I.

[BOOK VIII

JJSFS

268

A threat,
eightyears in which to raise the sum.
suspend the execution of the brief sufficed to bring

Christians to have

however, to

to reason.1

them

the Archbishop
Portuguese inquisitor-general,
or
or
of Lisbon and the papal collector,
any two of them
whereChristians,
to reconcile all Portuguese New
their deputies,
with the injunction
only of spiritual
ever
they might be settled,
It

empowered

the

It included all who

penances.
condemned

provided their

were

sentences

It released all confiscations that had

and it gave to the Portuguese in
fisc,
outside of Europe two years, in which

or
trial,

on

had
not

not

to come

been

had

been

published.

covered

been

Europe

who

into the

year and to those

forward
and avail

of its provisions.The reconciliationthus obtained was

and all inquisitors
were
not to entail relaxation in case of relapse,

themselves

to interfere.2

forbidden
The
not

brief

October

received in Valladolid about

was

publishedin

Lisbon

until

1st,but was
A royalc""dula,

January 16, 1605.

the publication
or execution
obtained,prohibiting
thus including
sentences until this brief should take effect,

however,

was

of any
in itsbenefits all Portuguesewho

were

in the hands

of the

Spanish

well as in those of Portugal.3The effect of this was

as
tribunals,
dramatically exhibited without delay. On October 20th the
de fe for November
7th.
Seville tribunal announced
a great auto
The stagingserected were
on
an
unusuallylargescale;on the

eveningof
in which

the 6th took

more

of
placethe procession

than five hundred

the Green

Cross,

the people
familiars participated;

Cabrera,Relaciones,pp. 135, 141, 152, 227, 229. Historia dos principaes

Actos, p. 261.
Christians rendered
such a payment an
The wealth of the Portuguese New
In the memorial
praying for pardon they admitted themselves
easy matter.
millions
of
ducats
to be worth
and, when Juan Nunez Correa made an
eighty
assessment
them, it was on the basis of seventy five millions. Verdades
among
Catholicas contra Ficciones Judaicas " 9 (MSS. of Bodleian Library,
Arch Seld
A, Subt. 17).
This is a memorial
by Luys de Melo, dean of the Chapter of Braga, written
in 1652, when
he was
a
refugeein the Spanish court. He had probablybeen
involved in the conspiracyagainstthe Braganza dynasty, for which the Archbishop
of Braga, Sebastian
executed
His paper is
de Noronha, was
in 1641.
bitter againstthe New
Christians but, as we shall have occasion to see, it contains
much
that throws lighton the subject.
2
Archive
de Simancas, Inq.,Lib. 926, foL 119.
Corpo DiplomaticoPortu"

"

"

gues, XII, 121

s

Cabrera,Relaciones,pp.

230-1.

CHAP.

I]

THE

PARDON

OF

1604

269

flocked in from

the country in numbers

beyond the capacityof
the cityto accommodate
them.
At night the confessors were
introduced in the cellsof those condemned
to relaxation and, after

completingallthe preparationsfor the solemnity,

the juniorinquisitor,
Fernando
de Acebedo,soughthis bed about eleven o'clock.
armed
with an
Suddenly a courier arrived,
order to admit him
wherever they might be, whether in their houses
to the inquisitors,
or their beds, in consulta de fe or
the staging
on
He
at the auto.
had

left Valladolid at

midnighton the 3d and, at break-neck

distance to Seville in seventy-two hours,
gettingthrough the closed gates of the towns on the road, and
in time to serve
the inquisitors
on
arriving
ding
a royalc"dula forbidspeed,had

made

the

the celebration of the auto.

royaldecree

Some

there

who

were

held that

not to be

obeyed unless rubricated by the Suprean

opinionnot as yet established and, after a
ma, but this was
'brief consultation,
taken to suspend the
were
measures
hurriedly
was

to the blank
celebration,

various

were

under

which
of

astonishment

explainedit by the
Englishmen in Spain were
some

of all Seville.

recent

Surmises

treatywith England,

not to be troubled

on

count
ac-

others thought
heresy;others attributed it to the planets;

that among
the condemned
there was
and influence,
whose friends had been

some

of

one

able to

save

loftystation
him, but the

which found the widest acceptancewas that it was

due
suggestion
and wealthy,who
to the PortugueseNew
numerous
Christians,
hundred thousand ducats,
had offered largesums, estimated at eight
and this was supportedby the fact that the midnight
to stave it off,
had stopped at the
horseman, before going to the Inquisition,
house of Etor Autunez,a wealthyPortuguesemerchant,who had
given him fiftyducats for his good news.1
ated
the three tribunals in PortugalliberUnder this perdongeneral,
and ten prisoners
four hundred
on
January
simultaneously
tuguese
16, 1605,2and there can be no doubt that the greatbody of PorJudaizers in Spain obtained valid absolution for all past

A,
A

MSS.
Tomo

of Archive

Section especial,
SigloXVIII,
municipalde Sevilla,

4.

'quarterof

century later, in

are

told that

the

very day when

C6rdova
was

this auto

was

pardon,we

E. N. Adler
2

Letra

ot
displeasure

God

postponed, the

destroyed, inflictingan

(Revue des Etudes

argument

an

against grantinga similar

not
was
delayed for, on the

loss
irreparable

Juives, No

Luis

de

Spain. MSS.

of

silver fleet under

99, p. 56).

Historia dos principaesactos,pp. 261, 297, 315*

on

Don
"

[BOOK

JEWS

270

VIII

duration,althoughthe Inquisition
In
1605, at
threw what obstacles it could in their way.
Toledo,Antonio Fernandez Paredes, a Portuguese on trial with

sins duringthe twelvemonth

three witnesses
the

of its

againsthim, was

obligedto

his

insist on

rightunder

leased
to argue that his wife Isabel Diaz had been rein virtue of it,until the tribunal referred the
at Coimbra

pardon, and

Suprema, which
during the same
subsequently,
to the

matter

ordered his discharge,

although
six other

year

Portuguese

were

without any reference beingmade to it.1 Still,

tied and it lent its energies
to
were
the hands of the Inquisition
delinquencies.It sent out the
detectingthe Portuguese in new
brief to the tribunals,
April 15th and, on April20, 1606,it called
tried and

sentenced

their attention to the fact that the year

expiredon January

had

16th,wherefore they were immediatelyto examine their records as

in virtue of the brief
to the Portuguese who had been discharged

proceed againstall who had not taken advantage of it

well as againstthose who had been guiltyof heresy after its
as
there must have been for some
this,
expiration.2Notwithstanding
of persecution. A writer remarks,
interruption
years a marked
used as a penitenin 1611,that in Sevillethe Castle of Triana was
tial
the Judaizers having
prison,for there was no one on trial,
all been pardoned, the Moriscos
expelledand the Protestants
and

to

suppressed.3
This

however
episode,

could have

itschief interest liesin itsmanifestation

of the

new

Moriscos

class of offenders
in

permanent influence and

no

of the numbers

coming forward

material
furnishing

for autos

and wealth

replacethe expelled
fe and in stimulating

to

de

prospect of fines and confiscations. After this

hear littleof the old Spanish Converses;nearlyall Judaizers
we
are
Portuguese and all Portugueseare presumably Judaizers
suspectswho existed only on sufferance. In 1625, at Salamanca,
in his nightlyround, entered a tavern
the corregidor,
to arrest
murder.
who had committed
He had words with a party
a priest
of Portuguese and forthwith arrested them all,
chargingthem with
from
the PortugueseInquisition.
He
being fugitives
reported
activitywith

the

"

Suprema, which communicated

and they were
all sent to it for

this to the
Coimbra

MSS.

Archivo

of

Revista

Archivo

with
trial,4

the tribunal of

When,

Library of Univ. of Halle,Yc, 20, T.

Simancas, Inq.,Lib. 942, fol. 60.
de Archivos,Marzo, 1903, p. 216.
de Simancas, Inq.,Leg. 552, fol. 6.

de

I.

in

1633,

CHAP.

PORTUGUESE

I]

effort

an

was

made

to

JEWS

271

the disabilitiesunder

remove

which

the

Christians

New

labored,the Licenciate Juan Adan de la Parra,

in an argument againstit,
the obstinacy
reason
urged as his principal
of the Portugueseneophytes;even the advocates of the measure
admitted that it would be inapplicable
to them, and Parra
of distinguishing
between them and
pointedout the impossibility
the Castilians.1
efforts

Some

wer*e made

to

check

transit through Spain to France

and

this influx and

Holland,where

of material assistance to the national enemies.

were

minorityof

the

to

prevent

the
In

refugees
ing
dur156k7,

Dom

the old laws were

revived forbidding
Sebastian,
New
Christians to leave the kingdom, or to seek the colonies,
or to sellreal estate without a special
royallicence, Sebastian
subsequentlyrepealedthis,but it was renewed by PhilipII, in
1587, and remained at least nominallyin force,though difficult
of execution.
Partial relief was obtained,
in 1601,when they paid

PhilipIII

two

hundred

thousand

ducats

for

an

irrevocable free

go to the colonies of both crowns, and to selllanded

but, with the faithlessness customary in dealingwith

permissionto
property

proscribedrace, this irrevocable permissionwas withdrawn

in 1610 and, in 1611 and 1612, the Suprema forwarded to the
viceroy of Goa a royal provisionorderinghim to expel all of
Jewish
blood, to which he refused obedience,saying that all
the

commerce

was

in their hands

and

the colonies would

be ruined

by their expulsion.2
Another decree of PhilipIII,April20,1619, called the attention
from the multitudes
of the inquisitor-general
to the evils resulting
of Portuguesepassing,
with their families and property,
to France.
All who could not show a licence under the Portuguesecrown
to
leave that kingdom were
to be seized and their property sequestrated
accordance
prema
Suwhich
the
i
n
with
without further orders,
sioners
promptly issued the necessary instructions to its commisin the

sea-portsand frontier towns.3

to increased restrictionsin

probablyattribute an

may

1
2

Pro

Luys

257, n.
3

Cautione
de

doubtless led

and to it we
Portugalon emigration,
memorial,without date,from
eloquent

Christiana, " 1 (MSS. of Bodleian

Melo,Verdades

This

" 4." Bibl.

Catholicas,

Library, Arch Seld,130).

nacional,MSS., D, 118, fol.

68.

Archive

hist, nacional,
Inq. de

Leg. 6,n. 2,fol. 281,341,342." BibL

Valencia,

nacional,MSS., D, 118,fol.250, n. 66.

CHAP.

PORTUGUESE

I]

the lands of individuals and

JEWS

273

tal
royalpatrimony,with no capibut industryand lack of conscience.
the
for
live
They
only
of the world; of old,God punishedthose who ill-treated
perdition
he punishesthose who endure them; the decline
them, but now
of the Spanish kingdoms was
the punishment sent by God for
them.
all idolaters and sodomites, and
tolerating
They were
wherever
nations,
they went they infected the land with their abomiand

the

constantlyseekingto convert Christians to their

foul belief. Luther commenced
by Judaizing;all heretics were
were

either Jews

or

descendants of

and

in his will declared that Christ

in England,
Judaizers,
as was
seen
Calvin called
Germany and other parts where they flourished;
himself the Father of Jews, like many
other deniers of the Trinity,
Bucer

promised.

Their

the numbers

who

who

obstinacywas sufficiently
proved,by
bers
every .dayburnt,and the stillgreaternum-

perverse
were

lition
escapedby penance after conviction,1 This crazy ebulof
ignoranthate accorded so well with the prejudices

of

the time that

edition

second

called for in 1633; in 1629 it

was

translated into Castilian by

was

Fray Diego Gavilan Vera, and

reprintedin 1680.
which
The hatred,
was
quenchless
indeed,
what the Inquisition
was
doing. In 1623
the tribunal of Evora arresting
a hundred
this

the Savior

not

was

was

of Montemor

little
town

Novo.2

was
we

New

not

satisfiedwith

chance

to hear

of

Christians of the

The autos de fe were

frequently

contemporary Castile. The

tribunal of Coimbra held one, August 16, 1626, with two hundred
another on May 6, 1629,
and relaxados,
and forty-sevenpenitents
and eighteenand another on August 17, 1631
with two hundred
1620
and forty-seven. The statisticsbetween
with two hundred
conducted

and

1640

on

not

are

details have

not

in

scale unknown

complete,for there were

been preserved
but, even

ten autos

of which

the

ful
these,the fear-

without

dred
aggregateis two hundred and thirtyrelaxed in person, a hunhundred
and ninetyand forty-nine
and sixty-onein effigy
five penanced
"

and this is in addition to several hundred

dischargedunder

Breve

pardonsgrantedin 1627

two

Discurso contra

heretiea

and

prisoners

1630, which

do Judaismo, fol. 67, 172 (Lisboa,

perfidia

1623).
de Simancas, Inq.,Lib. 812, Lima, fol. 17." In 1628 we find five
Ib. fol. 18.
earningtheir livelihood at Huelva.
refugeesfrom Montemor
2

Archive

"

VOL.

in

18

doubt

no

of Grace

heavilypaid for.1 Besides

publishedin 1622 but,as we

were
was

these

pardonsan

Edict

have seen, such mercies

and only sixteen perwith intolerable conditions,
sons

burdened

were

VIII

[BOOK

JETTO

274

forward under it" twelve in Lisbon and four in Evora

came

"

alreadybeen testified against.2In 1630, the

the deputies
that,in interviewing
royalconfessor Sotomayor reported
wanted
that
no
he found
more
they
of the New
Christians,
them
no
good
Edicts of Grace; the last one, they said,had done
but much harm, as it broughtinfinite denunciations againstthem
but
and filled the prisons.3There is very likelyexaggeration,
in the assertion of Luys de Melo
than exaggeration,
nothingmore
had virtually
of the Inquisition
that,in this period,the activity
depopulatedthe citiesof Coimbra, Oporto,Braga, Lamego, Braof Santarem,
ganza, Evora, Beja and partof Lisbon,and the towns
Fundan,
Tomar, Trancoso,Avero, Guimaraens, Vinais,Villaflor,
w
other places,hile the
and many
Montemor
o Velho and o Novo
prisonsof the three tribunals were always full and the autos so
all these had

and

frequent that each tribunal celebrated

in Coimbra

One

hundred

day,

each

with

curas

cure

includingsome
the

land,and

that he

occupiedtwo
among

days, there

being

every
more

professors,
canons,

them

year.

than

priests,

frailes,
souls,vicars-general,
nuns, knights,
of the MilitaryOrders of kin with the highestof
of

there
burnt

was

and

almost

one

was

even

discalced Franciscan

so

pertinacious

alive.4

Historia dos principaes

Actos,pp. 262-7,298-301,316-21.

The

statistics of the

tribunals
respective

are:

"

Relaxed
In person.

In

effigy. Penanced.

Lisbon

75

51

1231

Evora

73

56

1891

Coimbra

82

54

1873

230

161

4995

The

pardonsof

1627 and

1630

are

indicated by the dischargeof allthe prisoners

(Ibidem,pp. 265,299, 301, 319). These pardons were

Inquisitions
See the documents
printedby E. N. Adler in Revue des
bitterlyfought over.
Etudes Juives,No. 97} p. 66; No. 99, p. 54; No. 100, pp. 212, 216; No. 101,p. 99.
2
Bibl. nationale de France, fonds italien,
1260, fol. 1, i, " 11.
3
See Adler's Documents, Revue des Etudes Juives,No. 100, p. 231
*
" 4.. This statement is confirmed by a
Luys de Melo, Verdades Cath61icas,
w
ho
New
of
the
memorial
Christians,
complain that there is scarce a town that
is not depopulated;a singlearrest suffices to bring about the imprisonment of
No. 97, p. 63).
all the people. Adler's Documents
(Revue des Etudes Juives,
in the three

"

CHAP.

PORTUGUESE

I]

JEWS

275

Notwithstandingthese superhuman exertions the inquisitors

Judaism was
complainedthat their labors were unavailing;
steadily
of
the
misfortunes
the land were
attributable to the
increasing;
this
evil rabble,and they clamored for more
drastic
idolatryof
The Supreme Council,
measures.
January 17, 1619, addressed
to PhilipIII a consulta urgingthat prompt action was
necessary
in view of the contamination,and of the infinite sacrileges
mitted,
comto the scandal of the faithful. The king,it said/did not
vassals only, but good vassals,
want
and it therefore suggested
he should
to confiscation,
that,when a penitentwas condemned
of everythingand
also be banished; he would thus be stripped
take wealth to enrich the enemy
the case.
was
as now
that
visitation
said
also
It
a general
was
on foot which had already

would

not

result;presumably there

produced much
should be

who

and
investigated,

visitation there.
went

One

even

of the

member
wanted

and
further,

the

were

king was asked

Mendo
council,

banishment

in Madrid

many

for all

to order

de la

Mota,

requiredto

suspicion.Philipresponded to this with

abjure for vehement
if those who
indifference;
abjured for suspicionwere
chilling
banished,they would take their money

if a
regardedthe Portuguesein Castile,
notes

to

as

grounds
listwas

The

them; it was

ful
doubt-

the council to consider it further;as

and he wished

measure

with

list was

furnished,with

gated.
suspicion,he would have them investibut the investigation
not
was
duly supplied,

for

made.1
On April30, 1620,the
the next year.
relations of the autos
and Evora sent to Philip

resumed

effort was

The

tribunals of Lisbon

by them on the previousSeptember 29th,so that he might

and recognize
the largenumbers
punishedon those occasions,
of repression.
active measures
of more
Among them
necessity

held
see

the

three

were

Six

canons

they were

Ooimbra, three frailes and several lawyers.

had been arrested;
of Coimbra, all New
Christians,
of the pope, and the king was
all appointees
prayed to
canons

of

to close the door

ask him

race; also to order that

either

as

seculars

throne

none

for benefices of that

all applicants

none

laws
prohibitory

youthfulPhilipIV was
when, in 1622, Fernando
1

be admitted

should

and
regulars,

littlethe

indicates how
The

or

on

scarce

to
were
more

publicoffice which
respected.2
"

than

seated

on

the

Mascarenhas, Bishop of Faro,

Cath61icas,
" 5." See Appendix.
Bibl nacional,MSB., D, 118,fol. 250, xu 66,
Verdades

Church,

to the

[BOOK

JEWS

276

urgedhim

to

from

that

they

were

from

them

as

which

remedy

providesome

Christians. It

the New

secretlyJews and the

they were very numerous.
not

in
state

evidence,he said,
in great peril
was

There

It

enemies.

to

that

Dutch, and

the

and the

cityin
tant
impor-

of detection and

serious trouble

cause

found

was

with
dealings

danger

while the

no

was

throughtheir wealth
powerful

held by them,
positions
punishment might lead them
in
their capital

dangers apprehended
political

was

all

they were

alliance with

for the

VIH

through

they secretlyinvested
in Dutch

commercial

companies and, if they ventured their wealth with these rebels,

was
as the Inquisition
they would conspirewith them, especially
other
had no
pushingthem hard, arrestingthem all and they
tribute to its
flattering
remedy.1 Israel has rarelyhad a more
than the fears excited by this remnant
intellectual superiority

survivingthroughnear
Doubtless

there

were

persecution.
century of pitiless
other

urgent warnings which

have

not

and, in 1628, Philipcalled for a formal expression

bled
of opinionfrom his Portugueseprelates.By his order they assem-

reached

us

and

at Tomar

to their aid all who

summoned

in the kingdom
distinguished

for

learningand virtue.

were

most

After prolonged

series of

to
suggestions
which he repliedseriatim. In view of the failure of all previous
efforts to abate the evils wrought and threatened by the New
the thoroughexpulsion
the remedy they preferred
was
Christians,

debates

of the whole

to him

they submitted

race

; if this were

not

at least those
practicable,

who

tianity,
Jews, exceptingsuch as could prove their Chrisshould be banished, and their property be confiscated;
had been, or
as for those of half or quarterblood,all should go who
sentenced to abjure de
or
in future should be reconciled,
who
satisfiedof their true repentance
unless inquisitors
were
vehementi,
To this Philipreplied,
and conversion.
proposingdelay in the
to the exile of
of the full-blooded Converses,and assenting
case
the reconciled and vehemently suspect. For the further relief
were

full-blooded

kingdom, the bishopsproposedthat all who desired could,

their
within a year, irrevocablyexpatriate
themselves, selling
property and takingwith them the proceeds,but not in jewels
that already
metals.
To this the royalanswer
was
or the precious
of the

there

was

unrestricted

libertyto

their return, in future it should

to check
was
significant;
1

go, but

be
the

as

evils had

arisen from

prohibited.The next suggestion

of
Judaic
infection,
spread

BibL nacional,MSS., D, 118, fol. 250,

n.

66.

CHAP.

I]

PORTUGUESE

which
by intermarriage,
dower

no

in such

and the husband

and

he said that the

To

exceed

two

thousand

nobility,
cruzados,

the firstclause

laws
existing

in

of honor
holdingpositions
the king assented;to the latter
favor of the nobility
should be

prevent the constant

profanationof the sacraments

proposedthat papal briefs should be procured prohibiting

it was

all entrance
even

should

the

should be disabled from

dignity. To

enforced.

277

the lustre of
destroying

was

unions

JEWS

into the Church

in the tenth

degree.

briefs and

meanwhile

such

of all who

To this the

New

were

Christians,
apply for

king promised to

the

bishopsshould refuse to install

and report to him, and also reprepersons bearingdispensations
sent
the evils attendant on
to the pope
such preferment. The
next suggestion
that the king should ratify
and enforce the
was
he
to which
prohibitionto hold secular offices and dignities,
enforced.
repliedthat it should be strictly
Finally,the bishops
proposedthat the New Christians should be whollyexcluded from
trade and commerce
at least from
not possible,
or, if this was
that which concerned the royalrevenues, but to this Philip
answered
rather

curtlythat it was

Such

the views of Christian

were

concessions of the king seemed

with

of their business.1

none

virtual

and
prelates,

even

the

sufficientto threaten the New

but
extinction,

the

whole

partial
tians
Chris-

action
portentous trans-

only to put on record the extremes to which bigotry

could reach.
As Luys de Melo suggestively
says, after giving
served

the orders issued by the king were

not executed,
full,
the
of this
and it would
be superfluous
to explain
cause
to any
one
acquaintedwith the methods of government of the
in fear of
for the New
Christians,
period. Yet it had one result,
the threatened consequences,
paid to King Philipeightythousand
of leavingPortugal'
ducats for the privilege
and, under this,some
besides a countless
five thousand families emigratedto Castile,
to
be a wonder
of individual stragglers,
number
so that it would
find any placein Spain not filledwith PortugueseJews.2
They

in

the documents

Cath61icas," 6. The suggestionsof the bishops,and especially

the subjectof much
debate and long
of the New
th" expulsion
Christians,were
in Revue des Etvdes Juives,No. 97, p. 67;
See Adler's Documents
consultas.
1

No.

217; No. 101, pp. 98, 115; No. 102, p. 251.

Verdades, " 7. There is probablyan error as to the payment
100,

to

Verdades

p.

emigrate.

thrown

New

Christians in

memorial

state that

to obtain

permission

it they took

loans, and they complain bitterlyof the obstacles

(Revue des
of their leaving the kingdom." Adieus Documents
in the way
Juives,No, 97, pp. 58-63; No. 100, pp. 224, 228).

240,000 ducats
Etudes

The

for

of government

[BOOK

JEWS

278

VIII

for the Castiliantribunals refused

perfect
safety,
also
from those of Portugal.1Efforts were
to honor
requisitions
but in vain. By a
made to obtain modification of procedure,
ceclula of December
20, 1633, Philipexpressedhis approbation
he gave
rules and refused all change;moreover,
of the existing
and
de Castro all the memorials,petitions
to Inquisitor-general
to the Inquisition
arguments presentedto him, thus furnishing
the names
to wreak its vengeance.2
of those upon whom
The questionof transit to France came
up againin 1632, when
the Suprema notified Philipthat the commissioner at Pampeluna
passinginto
reportedthat troops of Portuguese families were
France,many of them peopleof wealth,with littersand coaches,
tions
did not interfere with them, as the last instrucand the Inquisition
that they should not be impeded. The result of this
were
that the orders of 1619 were
repeated.3Not
was
representation
those who wished to expatriate
content with retaining
themselves,
de
of
in
Saint-Jean
Admiral
when
the
Castile, 1636, captured
Luz, and there were hopes of conqueringGuienne,which was ripe
who
for revolt,the Inquisition
took steps to seize the refugees
though ithad no evidence that they were
might have settledthere,
felt themselves in

Judaizers.

It assumed

included in the
that

they

promisesheld

the

anyhow

that

cause

apostatesand

were

as

such not

out to the inhabitants at

of the faith

and
large,
privileged.The king

was

therefore asked to order the admiral to send to the border

was

its

whom

without

all

that they could be seized

so
agents might designate,

attention.4
attracting

It is

that
possible

some

victims

Verdades, ibidem, " 7. It is remarkable that,at this period,there was no

arrangement for extradition between the two institutionsunder the same
crown.
We have seen (Vol. I,p. 253) the concordia entered into in 1544, which continued
"

in force at least until 1580.

Subsequentlyit fellinto abeyance and, in 1637, we

find the

Suprema askingthe tribunals what was their custom

(Arch. hist, nac.,
Inq. de Valencia,Leg. 9, n. 1, fol. 295). This was evidentlyin preparationfor
agreement made

an

end

course

put

it

revived

an

in

in 1638
to

for mutual

extradition.

rebellion of 1640

The

it,but after the independenceof Portugal was

1669, though

consultation

with

the

Suprema

of

recognized,

prescribed
freely
as
exchanged,especially regarded limpieza(Ibidem,Leg. 10, n. 2, fol.78),
2
Bibl. nationale de France, fonds italien,
1260,fol. 1, i, "" 11,30; n, "" 5, 31;
was

before surrendering persons

claimed.. All information

asked

for

was

was

to be

fonds latin,12930, fol 131.

3

Archive

de

Simancas, Inq,,Lib, 20, fol. 150." MSS.

Copenhagen,218b, p,
*

Archive

de

240.

Simancas,Inq.,Lib. 21, fol.67.

of

Royal Library of

CHAP

may

JEWS

PORTUGUESE

I]
thus have

Spaniardsheld

279

procured duringthe brief time in which

been

the

their

advantage.
The refugees,
however, mainlybent their stepsto Holland,where
vancemen
adthey enjoyed free toleration and could work for their own
and

the detriment

of their oppressors.

This

was

the

of the effort to prevent emigration,

and it was
a
much
concern.
Luys de Melo says that there had

leadingcause
matter

of

passedto

Holland

than two

more

thousand

families

and, in

those

rebel states,
they had

purchasedthe rightto establish synagogues.

Those who publicly
Judaized there were
the same
as those who,
quitting
Portugalas saribenitados,
publishedthat their confession
of Judaism
under coercion of the Inquisition.
was
Many who
had lived in misery in Portugalwere
rich in Holland; they paid
contributions to those rebel states,and assisted to maintain their
in the East India pany,
fleets and armies;they invested largely
Comand thus

absorbinga greatpart of Spanishcommerce

and in vessels of the United Provinces,
and, under feignednames
they did a largetrade in contraband goods.1 In short,their
commercial
impoverishingSpain and enriching
aptitudeswere
The
writer unconsciously
her enemies.
pointsout how largea
part intolerance played in the decadence of the state.
this the only mischief wrought by their hostility
Nor was
to
the land that had driven them forth. In 1634,the CapitanEsteban
de Ares Fonseca, in a memorial to the Suprema, represents the
the enemies of Spain,and
refugeesin Holland as aidingactively
with spiesresiding
there in
as
holding constant correspondence
The Dutch
West India Company, he
the guise of merchants.
controlled by Jews, who were
and
largestockholders,
says, was
derived from piracyin the colonies,
its chief profits
were
especially
the
Brazilian
where
the
New
Christians
those of Portugalon
coast,
in correspondence
with the enemy.
and were
It
numerous
were
were

Alvarez Franco
and Manuel
Fernandez
Jews, Nuno
Drago, residents of Bahla, who plannedand executed the capture
lives
of that placeby the Dutch in 1625.
Franco, he adds, now
in Lisbon as a spy, under orders from Holland, and his brother

was

Jacob

two

back and forth disguised

as a
intelligence
Antwerp. Drago is stillin Bahfa; he is a greatrabbi

Franco

Fleming of

carries

and teacher of the

Jews, and

moreover

to the Dutch

to return

there.

word

Verdades

is a spy who last year sent

The capture of Pernambuco

Cath6Iicas," 4, n. 4.

CHAP

PORTUGUESE

I]

JEWS

281

six relaxations in person

and four in effigy,
with seventy-five
penitentsand in the other eleven relaxations

which

there

were

in person

and

in

with sixty-onepenitents,1
but this
effigy,
of policyrather than of
to have been a matter
assume
we
may
for his tendencies were
He is even
towards liberality.
conviction,
said to have contemplatedgrantingfreedom
of conscience and
two

libertyof residence to Jews, but to have been forced to abandon

the purpose by the stubborn resistance of the inquisitor-genera
Francisco de Castro,Bishop of Guarda,2 but this is probably a

of an intention to modify the rigorof inquiSpanishexaggeration

sitorial
procedure,which he was obligedto foregothrough the
of obtaining
the requisite
impossibility
papal confirmation.3 Spanish
influence in Italysufficed to prevent the Holy See from recognizing
or
holding relations with the House of Braganza, until,
her futile efforts
by the treatyof Lisbon in 1668,Spain abandoned
which resulted in the vacancy
at reconquest a position
of the
but
Portuguese sees, as the bishopsdropped off,until there was
Francisco de Sotomayor, a Dominican
who
chanced
to
one
left,
be bishop of Targa in partibusand who
made
was
Bishop of
Lamego in 1659.4
of negotiating
with Rome
This impossibility
rendered necessary
indirect method
of accomplishing
his desire to abolish confiscation,
an
which he recognized
as a serious impediment to commercial
of
credit and prosperity,
especially
through the sequestration
it could
property at arrest. As it was providedby the canons
and to evade this difficulty,
only be abrogatedby a papalrescript,
"

Corpo Diplomatic",XII, 360, 412,

416.

"

Historia

dos

principaesActos,pp

268-71, 300-1, 320-1.

There

was

The

50.

some

off in
falling

aggregates are:

the work

of the tribunals

during the

decade

1641-

"

Relaxed
In person.

In

effigy. Penanced.

37

14

341

Evora

632

Coimbra

36

143

50

59

1116

Lisbon

Avisos histdricos (Semanario erddito,

XXXII, 66, 188). Llorente,
Pellicer,
Art.
7.
n
.
iii,
crft.,
Cap. xix,
8
Relaeao
Antonio de Vieira,S. J.,asserts this in a letter to the Regent Pedro.
140
(Veneza, 1750),
exactissima, p.
4
Gams, Series Episcoporum,p. 102. Anno historic" Portuguez, II, 557.
Coleccion de Tratados de Paz; FelipeIV, Parte VII, pp. 485, 650.
2

"

Hist,

"

"

"

tB"OE: vm

JjEFS

282

February 6, 1649, he disclaimed all intention of

with the functions of the Holy Office,which should
interfering
continue to include confiscation in its sentences but, after this
of

in his decree

of their forfeited
a free gift
culprits
property,which they could disposeof at will,providedit was in
at arrest.
and he also abolished sequestration
favor of Catholics,
but a bindingcontract,under which
But this was not only a free gift
to enrich the
the merchants
engaged to form a tradingcompany
and to provide,
at its own
expense,
country with colonial commerce

shipsto

war
thirty-six

of which

serve

as

for the

convoys

merchantmen, all

impossibleso long as the capitalof the company

and confiscation
to be imperilled
by sequestration
ordered
The inquisitor-general
the shareholders.
was

was

liable

was

to the

made

he
declaration,

imposed on

this decree

to have

filed in the secreto

of the

and
'tribunals,

to

to
obligatedhimself never
revoke it.1 The
subsequentlyboasted that it had
Inquisition
and
all who advised the king to this measure,
excommunicated
X a brief of
in obtainingfrom Innocent
it actuallysucceeded
October 25, 1650, thanking God for what it had done and urging
it to persevere.2Notwithstanding
this,the Companhia da Bolsa
recovered
was
was
organizedand,throughits means, Pernambuco
Portuguese
There was
from the Dutch.
flattering
prospectof restoring
commerce
but, when Joao IV died,in 1656, leavingthe
kingdom under the regency of his widow Lucf a de Guzman, during
the minority of Affonso VI, the Inquisition
not only resumed
confiscation but proceededto collect the arrears
since 1649.
gether,
AltoPadre
Vieira tells us, about 1680, they had gatheredin
of which not more
than
millions,
twenty-five
up to that time some
half a million cruzados reached the royaltreasury.3
When
Bishop de Castro died,in 1653, the attitude of the Holy
See towards Portugalprecludedthe appointment of a successor,

observance, while Joao

enforce

its

and

General Council

the

Printed

in the

"

Noticias

acted

from

reeonditas

that date until

1672, when

posthumas del Procedimiento de las

de Espana y Portugal,"pp. 1-8 (Villafranca,
Inquisiciones
1722).
2
Bibl. nationale
de France, fonds latin,12930, fol. 11.
Under
this,Padre
Antonio
Vieira,S. J.,must have been excommunicated
for,in the Public Library
of Evora
a

there is a MS.

D. Joao

sendo

Relacao

"

Razoes

favor dos christaos novos

sentenceados

Oct., 1901,
3

entitled

no

Santo

Officio."
"

que

93

Ihes

Antonio

Vieira representou

perdoar
para
Prof. Gottheil in Jewish
se

p. 89.

exactissima,
p.

Padre

(Veneza,1750),

dos
confispao

bens

Quarterly
Review,

CHAP.

PORTUGUESE

I]

Pedro

D.

de

appointed.

JEWS

283

was
Lencastre,Archbishopof Side,in partibus,

The

lack of

head

than

to have

'hend

how, after a century of

rather to have

seems

and
repressedits energies,

furnished

such

earnest

one

stimulated

scarce

can

work, so small

compre-

territory

Autos were
a supply of victims.
unfailing
held in each tribunal nearlyevery year, with so copiousa number
that occasionally
of culprits
they occupiedtwo days,and one at
Coimbra, in February,1677, requiredthree days to despatch its
relaxations and itstwo hundred and sixty-four
nine personal
tents.
penihave

can

Peace

celebrated

an

or

so

war

to have

seems

made

auto, June 23, 1663, with

althoughDon
penitents,

John

of

difference.

no

hundred

Austria,with

and

forty-two

hostile

occupyingthe city.1
explanationof this exhaustless reservoir

Evora

Spanish

was

army,

The

in the strictness with which

is to be found

autos

of material

for

the infection of

all who had the

reckoned,without limit of generations;
reckoned
admixture were
New
Christians and were
as
slightest
had been frequent,
and
held to be Jews at heart.
Intermarriages
thus contaminated
that
was
so largea portionof the population
regardedthe Portugueseas all Jews.2 Thus
foreignersgenerally
of the Inquisition
almost unlimited,
the field of operation
and
was
it penanced became a source
of strongerinfection.
every one whom

blood

was

death

The

of Joao

IV removed

what

littlerestraint he may

have

ventured to exercise and, in

prising
com1662,the oppressedpopulation,
of the
so
largea portionof the wealth and intelligence
kingdom, made an attempt to purchase alleviation of suffering.
Christian named
A New
Duarte,who had been penanced,in the

and troopsfor
fellows,made a liberal offer of money
the defence of the land, in return for a generalpardon,the publicatio
of his

name

to found a synagogue
permission
Jews might worship. Consideringthat in
in which
professing
there is some
in the
there was
Rome
a synagogue,
inconsistency

of witnesses'

Historia

For

dos

the years

names

and

principaesActos, pp. 270-5, 300-3,

1651-1673

the statistics are:

320-5.

"

Relaxed
In person.

68

18

868

Evora

54

41

2201

Coimbra

62
184

In effigy. Penanced.

Lisbon

Padre

"

59

Vieira,Discurso demonstrative,p, 121 (Veneza,1750).

1724
4793

[Boos

JEWS

284

VIII

brief of Alexander
VII, February 17, 1663, denouncing
energetic
to resist it to the utmost.1
the projectand urgingthe Inquisition
Of

the

course

attempt

was

abortive.

Then, in 1671, the New

suddenlythreatened with a catastrophe.In the

stolen.
with a consecrated host was
a
church of Orivellas,
pyx
with what
Inquisition
We
have
equanimity the Roman
seen
regarded this offence,but in Portugalthe whole kingdom was
The Regent Pedro and the court put
thrown into consternation.
days no one should
on
mourning; an edict ordered that for some
leave his house,so that everybody might be compelledto givean
the
of himself on the fatal night. All efforts to identify
account
assumed
that the New
it was
thief provingfruitless,
sacrilegious
and the regentsignedan edict banishing
Christians must be guilty,
them all from
opposed by the Inquisition,
Portugal a measure
Before the
be gone.
its occupationwould
doubtless because
expulsioncould be enforced,however, it happened that a young
and
was
thief near
arrested,
Coimbra, named Antonio Ferreira,
The most
found the pyx with its contents.
in his possession
was
failed to discover in him a trace of Jewish
searchinginvestigation
blood;he was duly burnt and the New Christians were saved.2
a gleam of promise. Few
After this narrow
escape, there came
guished
distinof the Societyof Jesus,at that time,were
members
more
Christians

were

"

Antonio

than

Vieira,who

had

the

earned

Apostleof Brazil. He had longregardedthe New

compassionand had urged Joao IV not only to
but to

Christians.

the distinctions between

remove

He

had

made

enemies

and

name

of the

Christians with
abolish confiscation

them

and

the Old

the

Inquisition
readily
in favor of the oppressed
his punishment;his writings
undertook
condemned
of heresy
as rash,scandalous,
were
erroneous, savoring
and well adapted to pervertthe ignorant.3After three years of
he was
bra,
incarceration,
penanced in the audience-chamber of CoimDecember
23, 1667, and his sympathy for the victims of the
Holy Office was sharpenedby his experienceof its unwholesome
where he tells us that five unfortunates were
prisons,
not uncommonly
herded in a cell nine feet by eleven,
where the only light
from
a narrow
came
where the vessels
opening near the ceiling,
were
changedonly once a week, and all spiritual
consolationwas
1

Bibl. nationale

Ibidem,

fonds

J. Mendes

dos

France, fonds latin,12930,fol. 108.

italien,
1241, fol. 76.
Remedies,Os Judeus em Portugal,
1,347-52 (Coimbra,1895).
de

CHAP.

JEWS

PORTUGUESE

I]

285

refugeof Rome, he raised his voice

for the relief of the oppressed,in numerous
writingsin which he
characterized the Holy Office of Portugalas a tribunal which
their honor and their
of their fortunes,
served onlyto deprivemen
lives,while unable to discriminate between guiltand innocence;
to be holyonlyin name,
it was
known
while itsworks were
cruelty
and injustice,
unworthy of rational beings,althoughit was always
proclaimingits superiorpiety.2
The Societyof Jesus could scarce
fail to resent the affront put
of its most distinguished
one
members; it was stilla power
upon
its influence felt. The New
in Portugal,and it made
Christians
took heart and, in 1673, they made
an
organizedeffort to gain
relief. They asked to have the procedure of the Inquisition
fied
modito that of Rome
and, in order that the new system might have
that a generalpardon be grantedto those under trial.3
a fair start,
denied.1

The

Then, in

the

safe

of the considerations

extent

moderate

read of eightvictims
were
May 10, 1682,the acquittals
who
were
pronounced innocent, after perishingin prison (Bodleian Library,
Arch Seld. A, Subt. 16). In one at Coimbra, February 4, 1685, there were
fifteen
burnt of prisonerswho had died during trial. Historia dos principaes
effigies
Actos, p. 327.
2
Noticias reconditas y posthumas del ProI see no reason
to doubt that the
cedimiento
de las Inquisicionesde Espafiay Portugal con
sus
En Yillapresos.
drawn
franca,1722" is an elaborate statement
up by Vieira for Innocent XI.
exactissima
It appeared again under the title of "Relacao
do Procedide Portugal. Presentada
das Inquisijois
a o Papa IgnocencioXI
mento
pello P.
Da
En
Veneza
de
Jesus.
Antonio
Licenca
do
Santo
con
Vieira,
Companhia
It is no
bitter than his other writingson the subject,
Officio MDCCL."
more
florid styleis natural to so populara preacher.
and its somewhat
Authentic Memoirs concerning the PortugueseInquisition"
The author of the
and
1761
1769)
(London,
giveson p. 47 a translation of a passage of this work
from a well-attested MS. in Portugal. There were, he
which
he says he made
several
the
in
handwriting of Vieira,and also in that of a secretary
copies
adds,
of the Inquisition
who fled to Venice.
The Venice
edition contains also two shorter papers by Vieira,one
entitled
"Discurso
Demonstrative," addressed to a friend,and the other "Discurso
Pedro.
addressed
to the Regent Dom
They bear internal evidence
Segundo,"
of genuinenessand the latter is included in the listof De Backer
(BibliothSque
with
de la Compagnie de Je"sus,
other MS.
des Ecrivains
V, 761-2),together
1

In the Lisbon

offered for these very

auto

of

"

"

...

"

works

of his in favor
in the

Public

of the New

Library
Review,October, 1901, p. 89.
8

Bibl. nationale de France, fonds

These

by

Christians.
of Evora.

Prof.

number

of such

Gottheil

in

MSS.

Jewish

are

served
pre-

Quarterly

1241,fol. 44.
italien,

relatingto the discussion

at that time ambassador
d'Estre*es,

officialpapers

Cardinal

"

in Rome
to the

were

papal

brought to
court.

Paris

[BOOK

JJSW8

286

VIII

the condition of the sufferers,

was
desperate
for they proposedto placewithin a year four thousand troops in
India, and then yearlyto send twelve hundred men, or fifteen

shows how

concessions

hundred
thousand

of war, besides an annual payment of twenty

cruzados and various other considerable contributions,
for
some
importantmatters which there were reasons

in

case

including
protested
keeping secret.1 Againstthis proposalthe Inquisition
the temper in which it
in two elaborate remonstrances, revealing
It could find no words too strong
exercised its powers.
habitually
to describe the wickedness

whose
Christians,

of the New

cible
invin-

punishment and not

to be employed;in placeof mitigating
pardonwas the onlymeans
ing,
steadilyincreasas heresy was
the laws they should be sharpened,
procedurewas scandalous,and in
and to ask for the Roman
itselfworthy of punishment. The regentwas told that he had no
the one
on
the laws and he was
threatened,
power to overthrow
hand, with an uprisingof the people,and, on the other,with an
In fine,the proposed reform would bring
appeal to the pope.
desolation on the land and result in Portugalbecoming a Judea.
warmly supportedby
On the other side,the arrangement was
to their

adherence

errors

showed

that

to which Jesuit influence doubtless contributed.

ecclesiastics,
Not only did the Archbishopof Lisbon favor it,but also thirty
of the University
the professors
masters and doctors of theology,

many

of

Coimbra, seven

both

the

regentand bis council

gave

high positionamong
The

of
and many
men
Inquisition,
regularand the secular clergy.
it their approvaland the matter

ministers of the

referred to the pope for his decision.2

was
The debate was thus transferred to Rome
where,in 1674, both
of Cardinals
sides submitted their arguments to the commission
formed

Christians
The
advocates of the New
purpose.
doubtless
scathing indictment of the Inquisition,

for the

presenteda

an
insightinto the
exaggeratedand yet affording
fell into
secret and irresponsible
inevitable when
power

one-sided and
abuses

The greatmass
unworthy hands.
who
fervent and loyalChristians,

of

were
victims,they asserted,

denying
confessing.A case
Judaism or obtained reconciliation by falsely
1673,at Evora, was that of two
occurringonly the year previous,
were

burnt

for

1260, fol. 34.

italien,
1260, fol. 1, i, "" 10, 12,13,14, 16,19,24,34,36; fol. 34; No,

Bibl. nationale

Ibidem, No.

1241, fol 34.

either

de France, fonds

CHAP.

PORTUGUESE

I]

nuns,

burnt

negativas.One

as

with

in her nunnery,

JEWS

of them

unblemished

287

had

reputationand

in turn; the confessors who

officialpositions
auto

were

by the
was
procession

fervent

overcome

and, when

the

lived for

heard

pietywhich

fortyyears
all the
filling

her before the

she manifested

formed, she recognizedamong the

sister and neices,who had saved their lives by

her own
penitents
denouncingher. She pardonedthem and
end,invokingChrist with her last breath as

made
the

most

exemplary
garrotewas applied.
a

confessors that the greater

Indeed, it was the evidence of many
they ministered at the autos were true and
part of those to whom
and this was
fervent Christians,
confirmed by the Universityof
Evora, by Padre Manoel Diaz,S. J.,confessor of the crown-prince,
and

ecclesiastics of

high standing.1
The trade of false witness was a thriving
one, both for gain and
of enmity. There were
the gratification
regularassociations of
who made
a living
perjurers,
by levyingblack-mail on rich New
Christians,
accusingthose who refused their demands, so that the
class lived in perpetualterror and purchased temunfortunate
porary
safetyby compliance. The matter was reduced to a fine
The accusingwitness would give a fictitious
art.
and address,
name
could
accused
never
so that the
recognizeand disable him.
Sometimes, indeed,when additional evidence was necessary, a
and garments and givethe required
witness would changehis name
numerous

corroborative

testimony.2

abuse of power, allusion was

arbitrary
made
ing
to a notorious case
occurringat Evora, in 1643. Accordto custom, a student of the Jesuit college
was
appointedto
The servant of an inquisitor
desired to
superintendthe market.
buy a load of honey, in order to retail it at an advance,but the
student interposed,
because it had already been purchased for
the use of the college,
and would only let the servant have enough
to supply his master's table. For this he was
imprisoned,tried,
requiredto abjure and penanced as unsound in the faith. When
As

an

illustration of the

the sentence

of ecclesiastics,
read in the presence of a number
the professorof theology,
a Jesuit of high standing,
appealedto

the

was

Holy See,to which

of the

one

repliedthat
inquisitors

from

1241, fol. 12, 22, 24, 30, 33.

France, fonds italien,
Vieira,in his letter to the Regent Pedro, asserts that of a hundred negatives
burnt there was
not a singleone
guilty,and that this must continue so long as
the procedure remained
unchanged. Discurso segundo, pp. 136-7.
2
Bibl, nationale de France, ftods italien,
1241, fol. 8, 9, 23.
1

Bibl. nationals

de

"

it

unsuccessful.

was

auto

no

PORTUGUESE

I]

CHAP.

de fe between

in the Lisbon

ones

The

JEWS

289

sullen and

was
Inquisition

the years

1674

and

1682, save

celebrated

three

in each of which
audience-chamber,

private

there

was

singlepenitent.1
The
denied the assertions as to
inquisitorial
agents in Rome
of procedure and
the arbitraryinjustice
the coercion of good
but

Christians to confess Judaism

as

that

the

negatives. In
truth could

by

the terrible alternative of relaxation

conflict of statement, it was

proposed
ascertained by the examination
of the

the

be

records,and Innocent

consequently ordered the transmission to

Rome
of the papers in some
specimen cases of convicted negatives.
de Lencastre,Archbishopof
Verissimo
The inquisitor-general,
Braga, refused obedience,on the ground that it would reveal the
secrets of procedure. The pope naturally
pronounced the reason
and treated this imitation of Arce y Reynoso's
to be frivolous,
in the Villanueva
affair with greaterdecision than his precourse
decessor.
After meetingrepeatedrefusals,
he peremptorily
ordered,
December
of
within
ten day'safter
by a brief
24, 1678, that,
should be delivered to
notice,four or five of the prescribed
cases
the Nuncio
Marcello,under pain of ipso-facto
suspension of the
and all his subordinates;
if they continued to
inquisitor-general
interdicted from entering
was
a church,
act,the inquisitor-general
removable
and the others incurred excommunication
only by the
the
Ordinaries were
Holy See,while,duringsuspension, episcopal
with full powers.
Even this did not
jurisdiction
down inquisitorial
contumacy and, on May 27,1679,another
date to
formallysuspended them, while letters of the same

restored to their
break
brief

instructed him

the nuncio

This decisive action at

to

prosecute them

and

report the result.

submission
lengthbrought the partial

that

sent to the Portuguese ambassador

to be
processes were
deemed
delivered to the pope, but evidentlythis was
insufficient

two

for the

suspensionwas

removed

not

until

1681, when

brief of

that the

episcopal
Ordinaries,
August 22d gave as a reason
owing
to various impediments,had not been able to exercise jurisdiction
and the prisoners
were
through the delay. The raising
suffering
of the suspension,
vance
however, was conditioned on the future obsermodifications of procedure,under threat of
of numerous
reincidence of the penalties
previouslyprescribed. The New
asked for a change in the rule respecting
Christians had especially
1

Bullar. Roman.
VOL

XI, 102, 198,

"

Eistoria
19

dos

principaesActos,pp. 274,

324.

JEWS

290

[BOOK VIII

essential
an
unfortunately
The changes
part of the system and their desire was ungratified.
of minor importance,and are interesting
only as
granted were
evidence of some
againstwhich they
practices
specially
iniquitous
of prisoners
was
enjoined.1
directed,and better treatment
were
observed and mitigatedthe
these modifications were
Whether
humbled
and
was
rigorof procedure;whether the Inquisition
with the papacy, or whether
weakened
by itsdefeat in the struggle
the material for its autos was
becoming exhausted, it would be
impossiblenow to determine,but there is no questionthat,after
of its victims diminished noits resumptionin 1681, the number
tably.
celebrated by autos de fe
The renewal of operations
was
and illuminations
held in the earlymonths of 1682,with processions

as
negativesbut this,

have

seen,

was

demonstrations of rejoicing,
but, in the nineteen years

other

and

we

and

including1682

1700, there

relaxed
fifty-nine

but

were

in

and fifty-one
sixty-onein effigyand thirteen hundred
yet encouragingin
penanced an aggregatedeplorablein itself,
person,

"

comparisonwith
From

its predecessors,2

this sketch of the PortugueseInquisition,

we

in keepingthe
estimate its'efficiency
with

material

as

least unfortunate

can

Spanish institution

readily
supplied

the native

stock grew Christianized. Not the

effectof this was
its influence in maintainingthe
otherwise

have

quently
subsided,and that conseof race as much
of religion.The venom
became
as
one
which we have seen in the work of da Costa Mattos was, if possible;
exceeded in the Centinela contra Judios of Padre Fray Francisco
in 1728
de Torre joncillos,
publishedas late as 1673 and reprinted
In this popular exposition
of Christian rancor, no
and 1731.
if it
story is too wild and unnatural to be unworthy of credence,
illustratesthe innate and ineradicable depravityof the Jew, and
his quenchlessdesire to work evil to the Christian.
The fables

prejudicethat might

Bullar. Roman.

Historia

The

dos

statistics

XI, 102,198,260; VII, 38." Discurso demonstrative,

p.
principaesActos,pp. 275-9,303-5, 325-9.
are

as

116.

follows:
"

Relaxed
In person.

Lisbon
Evora
Coimbra

12

In

effigy. Penanced.
12

422

IS

366

39

31

563

59

61

1351

CHAP.

Fortalicium

of the
and

PREJUDICE

I]

ones

new

are

It makes

ever.

change his

not

repeated as

are

incontestable

truths,

and

nature

The

his

same

faith,and he remains

temper is manifested

the
in

placable
im-

same

memorial,

in answer
to a propoinquisitor,
up about this time by an
sition
for moderating the harshness of inquisitorial
procedure.

writer

The

291

invented to prove that the virus is as active as

difference if the Jew is baptized,
no
for this does

enemy.1
drawn

Fidei

INFLAMED

of learning
and culture,
but his
evidentlya man
is a bitter tirade againstthe Jews, insisting
their
paper
upon
diabolical nature and asserting
them
to be much
than
now
worse
crucified
Christ.
The
when
evil
is in their blood,forcing
they
them
to hate and rage againstChrist,the Virgin and all who
professthe Christian faith.2 Popular beliefs that they had tails,
and that they were
odor which they
distinguishable
by a peculiar
exhaled and that,as physicians,
they killed one out of five of their
Christian patients,
were
persistent
outgrowthsof the hatred thus
was

inculcated.3

Even

to call a

Jew

offence

justiciable
for when, in 1646, Padre Boil,
a royalpreacher,
by the Inquisition,
man

was

an

Jew Fray Enriquez,of his own

a
as
stigmatized
Mercenarian
Order,the tribunal of Toledo promptly sent for him
and, after detaininghim for six months, sentenced him to two
years' exile from the court,during which he was forbidden to
preach.4
in

sermon

When, about 1632,the New

a

removal

of their

was
inquisitor

an

Christians made

Juan
disabilities,
a

poet and

man

Adan
of

essay, cautiouslycouched in
delicate for popular discussion.

elaborate
too

effort to procure
de la Parra who, though
an

culture,
opposed it in
Latin,for
He

did

the matter
not

an

was

pander

to

but addressed himself to arguments of state

vulgar prejudice,
which are a curious illustrationof what, on such a subject,
policy,
the decline
man
an
regardedas conclusive. He deplores
intelligent
of agriculture,
of shippingand of the mechanic
of population,
of the Jews,
arts,which he attributes to the insidious practices
their avoidance
Look
the

of manual

their addiction

labor and

Portugal,he says, where this traitorous

ardor of foreignconquest, until it embraced
at

race

the

to usury.

stimulated
East

and

Barcelona,1731.
Judios,puesto en la Torre de la Iglesia,
BibL national,MSS., D, 118, fol. 227.
3
long reputed
Feyjoo, Theatro, T. VII, Discurso v, " vi. Englishmen were
Becket.
of Thomas
in punishment for the murder
to have tails,
Cartas de Jesuitas (Mem. hist, espafiol,
XVIII, 237, 255, 371).
1

Centinela contra

"

JEWS

292

[BOOK

VIII

Indies,and then cunninglycorruptedthe native virtue with

West

luxury thus acquired,until they have succeeded

the heroic spirit
which
the heroes and destroying
in eliminating
It is this cravingfor oriental
rendered Portugalso formidable.
which is
luxuries,shrewdly stimulated by the New Christians,
ted
underminingthe robustness of Spanishvirtue ; the useful is neglecdeclines. He scarcely
and thus agriculture
for the superfluous,
he pays
to the superior
to recognizethe tribute which
seems
he winds up by foretelling
of the Jew, when
endowment
that,
the
New
Christians
imposed on
if the restrictions and disabilities
such power that they will reduce the
are removed, they will acquire
Old Christians to subjection.1
and

the wealth

There

the

between

foundation

some

was

races

would

for the

removed.

be

that

fear

In

the

the barriers

exhaustion

of

Spanish finance,Olivares,in 1634, opened negotiationswith

royal licences were
the Jews of Africa and the Levant, and
the

granted for

kept with him

of the
the service

be allowed

to

quarter,with

of individuals.

In

1641, relations

he received and
whom
representatives
considerable time, silencing
the remonfor a
strances
Suprema with the assertion that they were there
of the king. It was
proposed that they should
of Madrid, in a separate
reside in the suburbs

resumed; they

were

on

admission
sent

synagogue,

as

in

Rome.

He

won

over

some

Council and

to his plans,
some
theologians
Royal
and
Cardinal
but the Inquisition
was
inexorable,
Monti, the
nuncio, told the king, in publicaudience, that Olivares must

of the

members

be dismissed if the harvest

was

to be

cleansed of

ruiningthe faith of Spain.

Olivares interfered with the Inquisition,
ing
Incidentally
by demandthe papers in certain cases; Inquisitor-general
Sotomayor
refused but, findinghimself powerless
to resist,
ments
placedthe docuwhence
carried to
at the foot of a crucifix,
they were
Olivares,who burnt them and released a number of prisoners.
said that he contemplatedabolishing
the Inquisition,
It is even
of its necessity
but PhilipIV was
too profoundlyconvinced
to
both Church and State to entertain the project,
and there may well
be truth in the assertion that his quarrelwith the Holy Office
to his downfall.
This put an end to all negowas
contributory
tares

Juan

1633).

and

Adan

the

risk be

of the Lord

de la

averted

of

fol. 31-2, 34, 38 (Matriti,

Parra, Pro Cautions Christiana,

CHAP.

PEOSELYTISM

I]

tiations and, in

293

the Valencia
1643,we find the Suprema instructing

tribunal to forbid the

landingof

the Jews

who

coming

were

from

Oran.1
stir was

caused,in 1645, by two Jews, Salamon Zaportas

and Bale Zaportas,who
presentedthemselves in Valencia with
dated in 1634,and one from the Marquis of Viana,
a royallicence,
Governor of Oran.
They appliedto the tribunal for permission
to attend to their business in the cityand to wear
Christian garments,
not to be mobbed.
The tribunal was
so
as
puzzledand
ordered them
not to leave the cityunder pain of two
hundred
pesos, while it consulted the Suprema. The latter representedto
the king the dangerimpending on the faith from this disregard
Some

of his orders
with

to which he
by ministers who issued licences,

instructions

to

send

leadingto the c6dula of 1634

coming

were

considered

no

them

back

reason
more

to suppose

ded
respon-

the

causes

if in future their
longerexisted;

necessary,

the Governor

reportand await the royaldecision and

is no

to Oran:

of Oran

must

licence.2
special

There

that the venturesome

importantin view than

Israeliteshad

thing
any-

privatebusiness.

urged for the establishment

prominentreasons
the zeal of the cryptoof the Inquisition
and perpetuation
was
and the dangerto which the purityof religion
Jews in proselyting
thus exposed an argument which served itspurpose, however
was
to the firmness of Spanish faith. Cases,however,
discrediting
could they be, for Judaism is a
cited in proof,nor
never
were
of dogma; the Jews have never
matter of race
as
as much
sought
to convert the Gentiles and, in Spain of all lands,it was
clearly
their
preposterousthat men, who could only exist by concealing
of detection and of pitiless
would incur the certainty
ment,
punishbelief,
offence
the
of
the
unpardonable
seeking
by
apostasy of
conversions there were
their Christian neighbors. What
were
the horror of Judaism
spontaneous,and these served to intensify
from the presence of
of dangerarising
and to keep alive the sense
the ancient faith. Fray Diogo da
those suspectedof cherishing
Assumpgao, burnt in Lisbon, in 1603, as a convert to the Law
One

of the most

"

espanol,XIII, 85). Historia de FelipeIV;

380)." Adolfo de Castro,Olivares
Lib. vi (Coleccionde Documentos, LXXVII,
de los Rios,HE, 546-7."
-Amador
y el Rey FelipeIV, pp. 133-4 (Cadiz,1846)."
hist, nacional,Inq. de Valencia,Leg. 9, n. 2, fol. 224.
Archive
2
For the document
Archive
hist, nacional,Inq. de Valencia,Leg. 4, n. 3, fol. 222.
N.
Adler
Elkan
indebted
to
I
decision
am
Esq.
the
royal
containing
1

Cartas

de Jesuitas

(Mem.

hist,

"

"

JEWS

294
of

Moses,is said

led to this fatal

been

to have

[Boos

VIII

step by witnessing

suffered for their belief.1

the constancy in martyrdom of those who

that of Lope de
remarkable
A more
case
was

Vera, which aroused

throughoutSpain,and pointedthe moral that

thus
the safety of religion
lay in the ignoranceof the faithful,
he placed on the first
of Valdfe, when
the prescience
justifying
of the Jews.2
Antiquities
SpanishIndex a translation of Josephus's
Lope de Vera was the son of a gentleman of San Clemente,of
dent
gentleblood and limpieza. At the age of nineteen he was a stuand Arabic that,
at Salamanca, so deeplylearned in Hebrew
His studies led
in July,1638, he competed for a chair of Hebrew.
him to embrace Judaism and, with the zeal of a convert,he sought
denounced him to the Inquisito win over
tion.
a fellow student,who
universal interest

There
Valladolid

was

in

unanimous

not

was

witness,and yet the consulta de

second

ordered by the Suprema, and

fe of

votinghis arrest; it had

executed June

was

to be

24, 1639.

He

freelyadmitted the truth of the accusation and much more, but

denied intention,
assuming that what he had said was for the
that he went to confession and
sake of argument, and asserting
carried

and

communion

his successive

equivocationin

There

rosary.

variation

was

audiences;there

was

delay and
dragged on.

and the trial

part of the Inquisition,
On April16th and May 23, 1641,he revoked all that he had confessed
and then suddenly,on May 29th, he announced
that he
doubt

on

wished

the

and

to be

and to hold all that the Jews

Jew

the truth revealed

to them

with his life. Hitherto

he had

was

but

he adhered

now

of Rome
religion

and

the Jewish
practised
no

one

him

had

to

the

by God,

believed what

Law

all other

given by

were
religions

observances but would

taughthim this,but God,

to the truth.

which

Learned

men

were

for
believed,
he would

the Church
God

defend

taught,

to Israel ; the

false;he had
do

so

this

in the

never

future;

in his mercy,
had brought
called in to wean
him from

his errors, but they declared his pertinacity

to be terrible and that,
with his knowledge of Hebrew, he would be most dangerous. He
refused to have
he

was

Jew

advocate

and would

8th the alcaide

a

an

bone, and the

1

Amador

Reuscli,Die

or

die for the Law

reportedthat
physiciansent

de los

to make

he

had

that
defence,persisting
of Moses.
On August

circumcised himself with

to examine

him

verified this and

Rios,III,521.

Indices

des sechszehnten

Jahrhunderts,
pp. 235, 436.

CHAP.

PROSELYTISM

I]

295

reportedthat he said he hoped to be

honor of martyrdom and would go
efforts were
Earnest and protracted
vain.

Then

he

to do

asked

to

for
alive,
paradise.

made

to

he

reclaim

to set forth the Hebrew

soughtthe
him

texts

that the calificadores could confute them.

so
relied,

he

was

burnt

this he

on

To

but in
which
enable

December
furnished,
23d; with a Bible,
but the latter he rejected,
sayingthat
paper, ink and a goose-quill,
forbidden by the Law of Moses, and a bronze pen (pluma
it was
de bronce) was
and
givento him. Further conferences followed,
much
patiencewas manifested,until he refused absolutelyto
The baffled tribunal appealed to the
speak in the audiences.
ingly
lashes;he endured them unflinchSuprema, which ordered fifty
him

This
was

June

17, 1642, and

was

most

for
obstructive,

but, when

necessary

ears

proposedto

formalities and
The

maintained

on

he closed his
was

was

vote

torture

ordered

the evidence

and
fingers

him, but
the

silence.

his ratification of his confessions

they and

with his

his unbroken

the

case

were

refused even

read to

Suprema humanely

to be

closed and

him,

to listen. It

discarded

voted

upon.

cation,
taken,January 27, 1643, to relax him with confis-

was

confirmingit the Suprema ordered further efforts

haste in executing
the sentence.
There was
for his conversion.
no
in silence,
stillpersisting
In January, 1644, he was
except that,
he .would cry "Viva
made their weekly visits,
when the inquisitors
la leydeMoisen,"after which not another word could be extracted
burnt
from
him.
June 25, 1644, he was
At length,on
alive,
his
The
end
unalterable
the
inquisitor
maintainingto
constancy.
Moscoso, in a letter to the Countess of Monterey,declared that
witnessed so ardent a desire for death,such perfect
he had never
such unconquerablefirmness.
His fate
of salvation,
or
assurance
Some
made
a
profound impressionon his co-religionists.
years
Yalladolid
trial
the
before
Juan Pereira,
a youth on
tribunal,
later,
him after
and declared that he had seen
referred to him repeatedly
with the sweat that was
on
death,ridingon a mule and glistening
him when he was
taken to the quemadero.1
Lope de Vera was a most undesirable convert,for his case could
in

but

not

fail to

arouse

afresh the dread

of infection and

to stimulate

to increased activity. Yet such stimulus was

scarce
Inquisition
troubled with
vigilantand was
needed, for it was incessantly

the

Simancas,Inq.,Leg. 552, fol. 26, 28,29,31, 36." -Cartas de Jesuitas

(Mem. hist, espafiol,
XVII, 419, 493)." Basnage, Histoire des Juifs,IX, 744
(La Haye, 1716). PeUicer,Avisos hist6ricos (Semanario erddito,XXXIII, 210).
1

Arehivo

de

"

CHAP.

ACTIVITY

I]

OF

PERSECUTION

297

suspended,but the Suprema ordered the papers to be sent

to it and, on August 17, 1621, it instructed the tribunal to arrest
Lucia and sequestrateher property. She was accordingly
brought
October 30,1621,and thrown into the secret prison.
to Valladolid,
On her firstaudience,in replyto the ordinaryquestionwhether
was

she knew

changed

the

her linen

day, for the

her

sake

and
children,

offence.
her

of her

cause

It

was

arrest,she said that it was

because

she

Fridays and Saturdays,as she did every

of cleanliness,
when
she was
especially
suckling
she did not know
that she was
committingany
true that she was
born in Portugal,but both
on

Castilians and

parents were

through its regularcourse;

Old

Christians.

nothingelse

could

be

The

trial went

found

against

15, 1622, the consulta de fe voted to acquit

which was
done accordingly
her and lift the sequestration,
the
of incarceration.1
next day, after nearly five months
and,

her

When
easy
one

on

March

this kind

of work

its commissioners

and

foot

throughoutSpain,it is
to realize how the unfortunate Portuguesewere
tracked,from
of the Inquirefugeto another,by the implacablevigilance
sition,
of tribunals,
with its net-work
in constant correspondence,
and

was

on

familiars

everywhere on the watch.

munities
kept alive by the frequent discoveryof com-

was
vigilance
of Judaizers,
whose trialsrevealed
more
or less numerous,
of abundant
the names
accomplices.The tribunal of Llerena was
busy, from 1635 to 1638, with the "complicidad de Badajoz,"
whom
it had unearthed at Badajoz and,
of Portuguese,
a group
the Suprema called for a list of those inculpatedby the
when
it had not been able to arrest,
whom
they amounted
prisoners,
and fifty.2
to a hundred
in
In 1647, Juan del Cerro,of Giudad Rodrigo,was
a prisoner
the royal gaol of Valladolid. Apparently hoping for release,
and told a story of a
himself to the Inquisition
he denounced
of Jews at Ciudad Rodrigo,which met every Friday
congregation
Pablo de Herrera,paymaster of the
in the house of the president,
of scourging
when the ceremony
the Portuguesefrontier,
on
army
images of Christ and the Virginwas performedand then, during

That

Holy week, they

were

burnt.

Numerous

arrests -frere made

and

dragged on until 1651; torture was employed, parents

brothers and sisters testified againsteach other,
children,

the trials
and
1
2

Archive

de

Simancas, Inq.,Leg. 552,

Ibidem, Lib. 812, Llerena,fol.2-7.

Isqq.

fol. 1.

Cf
.

Ibidem,Cuenca, fol. 1-11

; Lima, fol.

but there

were

relaxed.

were

and
or negatives
impenitents
pertinacious

no

vni

tB"OK

*EWS

298

none

del Cerro's story of the outrages on

fictitiousis evident from the
as
recognized

That

Juan

the sacred

images was
suspensionof ten of the cases, includingthose of
but the tribunal secured
officersof the congregation,

the so-called
a

satisfactory

amounting to thirty-seven
nothingby his device for,
Juan del Cerro made
hundred ducats.
when
the trials
though he was not prosecutedfor false-witness,
as well
convictions,

of

number

fines

1651,he was handed back to the royalcourt.1 Toledo

equallyactive for,in an auto held the same year, it had thirty
of fugitives.2
Nearly
Judaizers in person and thirtyeffigies
whole of these were
Portuguese for,by this time, Castilian
in

over

were
was

two

the

Judaizers

were

Seville auto of
a

of

as

group

eightfrom

In the great
comparativelyrare occurrence.
guese,
Judaizers,
nearlyall Portu1660,out of eighty-one
of

of

thirty-sevenwere

Utrera.

There

were

from

Osuna

and

another

seven
forty-sevenreconciled,

relaxed in person and twenty-seven in effigy.3

in the autos
which figure
The numerous
effigies
who were
compromised in the confessions of the

indicate those
and
penitents,

eludingarrest. As a rule it may be

from the all-pervading
said that this was but a temporary reprieve
it gatheredthems in
Sooner or later,
of the Inquisition.
vigilance
of
despitechange of residence and name, and all the precautions
the hunted
againstthe hunter. This is well illustrated in the
vicissitudesof a colony of Portuguese,
some
twenty or thirtyin
number, in the littletown of Beas (Jaen),which throw a vivid
lighton the miseries of these unfortunates. They had succeeded
for ten years or more, supporting
selves
themthere obscurely
in living
dence,
impruby such industries as they could follow,when some
d
rew
them
of
the
some
or the watchfulness
neighbor,
upon
attention of the tribunal of Cuenca, which arrested thirteen of
of nine others were
these the names
From
them.
obtained,for
of arrest were
issued but,when these were
whom
warrants
sent
found that they had left
in April,1656, it was
for execution,
Beas secretlyin February, abandoning their property. Five of
traced to Malaga; the other four were
said to have
them were
but there the track was lost. All were
duly
gone to Pietrabuena,
succeeded for

who

Archive

Archive

Relation

time in

de Simancas, Inq.,Leg, 552, fol. 38.

hist, national,
Inq. de
hist6rica de la

Toledo,Leg. 1.
JuderCa de SeviUa,pp.

94-8

(Sevilla,
1849).

CHAP.

I]

ACTIVITY

prosecutedin

absentia

OF

and

PERSECUTION

their

299

part of

formed
effigies

the Seville

of 1660.

auto

The

party that

towards

family group of
five Diego Rodriguez Silva,his wife Ana
Enriquez, her father
Antonio
Enriquez Francia, and her brother and sister-in-law,
Diego Enrfquez and Isabel Rodriguez. They pushed through
without stoppingto Rioseco,where they rested four days and then,
of Portugal,travelling
hiringa guide,they traversed the mountains
only by night. Settlingin Villa Pinhel,they tried to mend
their broken
fortunes,Ana Enriquez by keepinga shop and Diego
Rodriguez by turning his hand to whatever he could find to do
went

Portugal was

"

"

at

time

one

for sale.

hear of him

we

Apparently by
before

as

drivinga

thousand

sheep to

Lisbon

of

precaution,they appeared
treated
tribunal of Coimbra, which

the

mercifully,imposing

way

fines

spontaneously
them

orderingthem not to leave

Pinhel
without
permission. Misfortune pursued Diego and, in
de la Reina,
1671, he returned to Spain, stopping at Talavera
whence
he sent for his wife and children and father-in-law,
telling
of del Aguila for himself
the rest to remain.
He took the name
and

but

wife,and settled for two years in Seville,

Thence
to Daimiel,
his father-in-law died.
they removed
ruary
found
them
at last and arrested them, Febthe Inquisition
seventeen
18, 1677, some
years after they had been burnt

de los Rios

where
where

for his

in

in Seville.
effigy
gone to Malaga, were

escaped

none

and

no

half

save

were

As two

three of the Beas

trial at Toledo

on

who

those

spent

or

had

1667, it is probable that

Portugal. Two years

Diego and Ana, ending with

remained

the trials of

on

in

who
fugitives,

in

Ana had broken

prison and sanbenito.
vicissitudes and
under
this wandering life of incessant
down
of epilepsy,melancholia
the victim
become
anxiety; she had
her pitiless
and hypochondria, when
judges sent her to prisonfor
of infinite love and charity.1
life in vindication of "a religion
illustration of the miseries endured
An
by
more
even
pitiful
these unfortunates,under the implacablevigilanceof the Inquisition,
of Isabel,wife of Francisco Palos,
is afforded by the case
a

sentence

of Ciudad

of irremissible

Rodrigo.

In

of age, she was

tried
Subsequently she was

1608, when

22 years

tried

twice,
by the Valladolid tribunal.
in 1621 and 1626, at Llerena,twice at Cuenca, in 1653 and 1655,
and finallyin 1665 at Toledo.
Altogether,about eighteen years
1

Procesos

contra

Diego Rodriguez Silva

y Ana

Enriquez (MSS.

penes

me).

VIII

[BOOK

JEWS

300

thrice
the last one, in which she was
spent in these trials;
tortured,continued until 1670, when she was in her eighty-fourth
to be burnt
her tormentors
by dying in prison,
year and eluded
were

her bones

'with
effigy

in

as

difunta.1

frequently
Portuguese, like that of Beas, were
Miinoz of Pastrana, on trial at Toledo, in
Simon

Little colonies of

discovered.

1679, gave the

twenty-nineaccomplicesresidingthere,
of December
21,
figuredin an auto particular
vigilance,
long succeeded in eludinginquisitorial
of

names

nearly all of whom

1680.
They had
of them,
for one

Enriquez, then sixty years old, testified

her parents,
that she had been brought thither from Lisbon by
A similar group
when a littlechild and had always lived there.2
tried between
of Portuguese,in the littletown of Berin (Orense)were
and furnished
1676 and 1678, by the tribunal of Santiago,
Maria

auto of 1680

to the Madrid

victims relaxed

two

pertinacious

as

L6pez Cardoso and Feliz L6pez his cousin. There

in all,and they had long been
than twenty of them
more
were
of them, said,in 1677, that he
settled there; Antonio L6pez, one

Jews"

Baltasar

thirty-twoyears old and had been born in Berin.3

It was
only by the most stringentcaution that existence could
Gaspar de Campos, one
be maintained under these conditions.

was

of the Pastrana
the devices

group,

adoptedfor

gives,in

his

some
confession,

account

On the Sabbath

concealment.

of

the mother

spinningwheels before them and,

On fast days
came
in,would pretendto be at work.
if any one
would be sent out on an errand;duringher absence
the servant-girl
and spoons would
food would be taken out of the olla and plates
be greased,
they would then go to the house of a neighborJewess
sitwith reels or

would
girls

and

her
get her dinner,telling

do the

would
reserve

know

be

their children

trusted.

Proceso

contra

Proceso

contra

Doctor

p. 209.

Gertfnimo

until of

causas

an

age

as

at which

allowed

to

their discretion

seguidasante

left it to others to convert

el tribunal de

Angela Pe*rez (MS. penes me).

Angela Ntinez Marques (MS.
reconciled
Ntinez Marques, was

he is described

not

were

Parents, indeed, frequentlybrought up

and
Catholics,

as

1
Cat"logo de las
1903).

most
in the closest familycirclethe ut-

practised.Children

anythingof Judaism
could

where

Even

same.

often

was

them, she would be sent back to

that they had dined,and then the neighbor

followed

the servant

and, when

"Me*dico de familia de

su

Toledo,p.

212

them
(Madrid,

Angela's brother,
penes me).
of 1680,
auto
in the Madrid
Magestad."
"

Olmo, Relation,

CHAP.

DECAY

I]

Pedro
fortuitously.
testifiedthat he had

by Maria

Niinez

OF

JUDAISM

Marques, tried

301
in Madrid

in 1679,
in Villaflor(Portugal)

been inducted into Judaism

Pinto,wife

of Alvaro

de Morales.

After he

turned
re-

to his father's

house, in Torre de Moncorvo, he hesitated

to let his parentsknow
for months
of his conversion, At last,
in
told
his
he
1653,
mother,when she approved of it and said that
both she and his father,Francisco Niinez Ramos, were
Jews.
There

were

but could

eightchildren of them; he knew them all to be Jews

giveno details,
except as to three sisters:theyallassumed

other to be so, but each one

attended
and to live with the utmost
to earn
a living,
each

to his

affairs,

own

precaution. As his

Angela Nunez Marques expressedit,they all knew each

other to be Portuguese;
that was sufficient,
and further confidences
were
superfluous.1
As a matter of course, punctilious
lic
regardwas .paidto all Cathoobservances
confession and
communion, feast-days
mass,
and fasts. The dying were
duly shriven and had the viaticum,
the dead had Christian burial in the churches. Living thus scattered
in small groups or isolated families,
their secret
concealing
faith with the utmost
care, and in perpetualdread of betrayal,
that distinctive Jewish observances were
it is not surprising
graduallyreduced to a minimum, and were becoming to a great
degreeforgotten.They had no rabbis to keep them instructed
in the countless prescriptions
of the Oral Law and the incidence of
sister

"

days of observance.

Circumcision,of

course,

out

was

of the question;

compromising and there was no one to perform

zealous youth might betake himself to
it,unless some
specially
We hear nothingin the trials
France or to Italyfor the purpose.
of fat from meat, or the
of abstinence from pork,or the removal
There was
of the dead.
an
attempt to fast
mortuary laying-out
the day of Queen Esther,when that was
known, and perhaps
on
hear
other days of no special
we
exercise;
note, as a spiritual
on
of washing the hands before meals and givingthanks to the God
of Israel;
lamps might be lightedon Fridaynight,but it sufficed
The Sabbath
and let it burn tillit went out.
to
to lightone
was
this was
not always
be kept by cessation from work, but even
observed,and the changing of body-linenis rarely alluded to.
Angela Niinez Marques said that Ana de Niebes and Maria de
it

was

too

Marques (MS.
1680 (Olmo, p. 211).

Proceso contra Angela Ntifiez

of the Madrid

auto

of

penes me}.

"

Angela

was

No. 17

[BOOK

JEWS

302

VIII

which
and itsceremonies,
of four and
the Sabbath and to observe fasts
to rest on
were
the twenty years
twenty hours without food or drink,yet, during
fifteen Sabbaths,
of her residence in Pastrana, she had kept only
Isabel
and servants.
for fear of discovery by her husband
auto of 1680, when
Mendes
Correa, who appearedin the Madrid
she would
vowed that,ifshe recovered,
sick some
years before,had
and
lamps on Fridays,for she deemed

Murcia

rest

on

light
the
punishment for neglecting

Saturdays

illness

her

of Moses

the Law

taughther

had

of Moses.

Law

In

resolved itselfinto Sabbath-keeping

and into hoping to be saved in the Law
with occasional fasting,
doctrine.1
of Moses and denying Christ and Christian
of detection and vexed the souls
this increased the difficulty

short,Judaism

to have

seems

All

of the

in both Spain and Portugal

inquisitors,

exhortation

An

in 1640, in Granada, by Maestro

Christians,
for thus
Gabriel Rodriguezde Escabias,denounces them roundly

addressed to the New

September 6,
was
preachedby Diogo da Annunciasam,
1705,where the sermon
by addressingthe sixtyArchbishop of Cranganor,he commenced
at the Lisbon

So

betrayingtheir faith.

'

before him"'
six penitents

of

auto

Miserable relicsof Judaism !

Unhappy

Scandal
fragments of the synagogue! Last remains of Judea!
to the Jews
even
of the Catholics and detestable objectsof scorn
to the
You are the detestable objectsof scorn
themselves!
....

Jews, for you

under

law

which

ignorantthat

so

are

sinners,which

observe

cannot

the very

truly Christian welcome to repentant

deemed worthy of perpetuation
by the

live"

you

you

was

"

in inquisso reprehensible
itorial
duplicity,
of the work
promise of the final success
eyes, there was
was
prosecutedfor two centuries. The hammer
so unremittingly
marvellous
the
constancy
wearing away the anvil;only
gradually
Yet in
printing-press.2

of Judaism

had

enabled itto maintain

in the Church
been

as, for the most

with abundant

Auto
was

were

to be

conditions,

incorporated

part,their Spanish brethren had

already.

of
the activity
Still,

itselfunder such

the PortugueseJudaizers
eventually

and

this

Ubi

sup.

Exortacion
da f"

em

success,

continued
Inquisition

and indeed

we

may

to be rewarded

say that but for Juda-

(MSS. penes me).

Arch
al Eerege, fol. 6 (BodleianLibrary,

Seld. 130).
"

Sermam

do

de 1705, p. 5 (Lisboa,1705). This sermon

anno
Mocatta,togetherwith a reply to it by Carlos Vero,

6 de Setembro

translated by Moses

London, 1845.

the

do

CHAP.

ism

PERSECUTION

CONTINUED

I]
it would

have

Cordova, from

little to

found

do.

303

In

the

public autos

of

1700, out of three hundred and ninety-nine

brought forward,three hundred and twentypersons and effigies
for Judaizing. In Toledo,from
four were
1651 to 1700, there
tried of every kind, trivial
were
cases
eighthundred and fifty-five
and

1655

important,of
offence.

same

to

five hundred

which

Towards

the

and

were
fifty-six

of the

closingyears

for the

century, there

fallingoff in the numbers, as though vigilance

efforts
of
the
the
tribunals were
were
becoming relaxed,or
with
crowned
in
success
being
; but, in a report of pending cases
Valladolid,made July 8, 1699, out of eighty-five,
seventy-eight
to be

seems

decided

Judaizers.1

This

however
to be largely
seems
activity
fined
conto Castile,
had not found the kingas though the Portuguese
doms
of Aragon attractive. Reports of cases
in
Valencia
pending

were

in

1694-5-6, show

in all but

sixteen,among which there is not a

singleJudaizer.2 It is perhaps worthy of passingremark that,
in the treatyof 1668,by which Spainrecognized
the independence
of Portugal,
Article 4 providesthat the subjectsof each power, in
the territoriesof the other,shall enjoy the privileges
and immunities
granted to British subjectsby the treaties of 1630 and 1667.3
These

what

science,
guaranteedthem againstmolestation for matters of confor
from
occasion
so
scandal,but,
long as they gave no

have

we

seen

that the Inquisition'

appear
is it likely
attention to this,nor
that

above, it does

not

of either country paid any

either government complained of infraction.

the emigrationof the

restricting
New
Christians seem
to have been mostly in abeyance, but when,
in 1666, the false Messiah,Zabathia Tzevi,appeared in Palestine
of misguidedJews, the Suprema took
and drew a largefollowing
this

During

the
the

alarm.

period,the

The

laws

sea-port tribunals

Portuguesewould

seek to

were

joinhim,

so

warned

that

that if any

some

of

Portuguese

to be detained
embark, they were
their property was
under some
to be seized and examined
pretext,
four months
and a report be sent to the Suprema. Some
later,
in the case
of four
the testimony taken
Barcelona
forwarded

should

come

and

endeavor

to

when
Portuguesethus detained,
1

Suprema

ordered their release

Archive
hist, national,Inquisition
Luquin, Autos de fe de C6rdova.
552.
de Simancas, Inq.,Leg.
de Toledo, Leg. 1. Archive
Archive
hist, national,Leg. 2, n. 10, fol. 1.
de Paz; Carlos II,Parte I, p. 306.
Coleccion de Tratados

Matute

"

"

the

CHAP.

THE

I]
is not

document
which

MALLO"QUIN

without

Although it

interest

as

305

revelation of the methods

to adopt to
willing

persecutorswere
of their

TRIBUNAL

from

escape

the

quences
conse-

acts.1

own

the

Portugueseimmigrationwhich supplied
the apparentlyinexhaustible harvest of culprits
throughout the
seventeenth century,there was
of Spain which escaped
one
corner
the influx and

and,

where

faith with

secret

than

was

been

once

little or

made

molestation.

no

above

continued

to the

to cherish their

Allusion

Majorca

has

more

catastropheof 1691

episode of

escaped to

Spanish Judaism, its details deserve consideration.

of
of the Mallorquin
massacre
1391, some
The goverBarbary,but the majorityremained.
nor,

Francisco

Sagariga,had

as

an

In

Jews

the old Converses

the

been

in

wounded

endeavoringto

to conversion by the terror of

won
over
protectthem; they were
death, and the promise of the authorities to give them twenty
libras wherewith
thousand
to pay their debts, a promise which
"

never

seems

have

to

been

fulfilled.

They

continued

to

inhabit

to an
call,or Jewish quarter and, although the aljama came
end in 1410,itsmembers
remained as a separatecommunity.2 The
to be anticipated
conversion was
and though,
as was
as superficial
nominal
not affected by the expulsionof
as
Christians,
they were

the

1492, when
the numbers
all have
no

the
who

in under

came

been Jews

less than

introduced

was
Inquisition

at heart

five hundred

seen, from
Edicts of Grace, that they must

for,between
and

we

1488 and

have

1491, there

were

besides
reconciliations,
sixty-eight

After this,
reconciled twice.
who, by specialmercy, were
for awhile the tribunal was
fairlyactive. Between 1489, when it
commenced
operations,and 1535 it sentenced a hundred and
ninety-nineto relaxation in person,
sixty-fourto reconciliation,
all of whom
and four hundred
and sixtyto relaxation in effigy,
presumably were Judaizers except, in 1535, five Moriscos who
relaxed.3
After this,persecution
inert,relaxations
were
grew
those

disappearand

reconciliations become

the tribunal become

that

when,

in

few.

So

had
insignificant

1549, the offices of fiscal and

the necessity
receiver fell vacant, Valdes wrote to ask what was
between 1552
of filling
He might well ask the question:
them,4
1
2
3

Simaneas,Laq.,Lib. 49, fol. 345.

LlabrSs (Boletin,
XL, 152-4).
Archive
de Simancas,Inq.,Lib. 595,,fol. 1,
Ibidem, Saja 40, Lib. 4, fol. 177,
Archive

de

Gabriel

2Q

JEWS

306

and

the tribunal had

1567

during the

remainder

culpritsthe

few

of these

majority

In the seventeenth century, the record was

Engaged, for the most part as we have seen,

slenderer.

even

century, only

and,

thirty,togetherwith

Judaizers.

not

were

reconciliationsto show

but two

of the

singlerelaxation,and

[BOOK VIII

the
unappeaseableconflicts with the ecclesiasticalauthorities,
and heretic and apostate
duties of persecution
neglected,
were
The reconciliation of Maria
breathed
in comparative peace.
followed by a century in which
Diez, September 6, 1579, was
in 1675, one from
Judaizer was
although,
not a single
reconciled,
relaxed.
The inhabitants of the call might well
Madrid
was
free
deem themselves secure, especially
as the churchmen
were
in their denunciations of the tribunal. In 1668 the inquisitor
of the episcopal
party
complainedto the Suprema that the priests
secret heresy,and that it was
talked of the Inquisition
a
a
as
which
a
ll
of
led
should
be
which
to
den of robbers
abolished,
the suspectedpersons who dwelt
licence of speech among
much

in

"in

the

separatebarrio/'1
this

From

of

sense

there
security

rude

awakening. In

garden outside of the city,

attention. It was
attracted the inquisitor's
designatedas a synagogue,
and doubtless there was
some
imprudence. Secret investigation
wholesale arrests,
and the
developedevidence justifying
crowded.
The result appeared in four autos
soon
prisonwas
1677

or

1678

celebrated in

meeting, held in

was

1679,in which there

nineteen reconciliations.

and

in all cases

it was

were

There

less than two

no

was

firstconviction,
and

no

hundred

of martyrdom;
spirit

when

all confessed and

begged for mercy there was no opportunityfor relaxation. A

noteworthy feature was the absence of prosecutionsof the dead,
which

could have

been

numerous

had the tribunal been

disposed

to take the

but this is doubtless explicable

trouble,
by the fact that
as the whole
community of New Christians was involved,
all its
and there would have been no profit
property was confiscated,
in lookingup ancestral heresies. The confiscations were
mous;
enorthe culprits
merchants
and traders and bankers,
were
whose
houses and lands,censos
and merchandise
and credits
which

We

The

realizedis stated at 1,496,276pesos,

is probablyfar below the real value of the assets seized.

swept away.

were

have

seen

how

the

sum

kingwas

Archivo de

graduallyshouldered

Simancas,Inq.,Lib. 25, fol. 89.

out of his

CHAP.

THE

I]

MALL

TRIBUNAL

OEQUIN

307

of the

the tribunal secured a goodly portionwith

spoils;
which it rebuilt the palaceof the Inquisition
in a styleso sumptuous
that it passed for one
of the finest in Spain, until it was
demolished, in 1822, and its site converted into a publicplaza.1
share

tribunal

The

ordered

all New

Christians to dwell in the call

requiredthem, on all feasts of precept,to attend mass in the

cathedral in a body, precededby a minister of the Inquisition
and
in chargeof an alguazil.Impoverished,
dishonored and watched,
intolerable. A number
became
the position
resolved to expatriate
themselves and secretly
made
arrangements with an English
the
harbor
to carry them
The
ship lying in
away.
passageand
succeeded
in
but
was
paid
they
embarking,
money
rough
weather detained the ship;they had not procuredthe necessary
licences to leave Spain,they were
seized and cast into prisonwith
and

of their families.

the members
years

consumed

were

four autos held in

been

in their trials. The

March,May

reconciled in 1679 and

could be

This occurred

and
were

result

July,1691.
now

in 1688
was

and
seen

three
in the

For those who

convicted

had

of

relapsethere
square and eight

pardon. A huge brasero,eightyfeet

feet high,with twenty-five
stakes,was preparedon the sea-shore,
two miles from the city,in order that the peoplemight not be
incommoded
by the stench. In all thirty-sevenwere relaxed
to the last and
in person, of whom
only three were pertinacious
relaxed in effigy,
of whom
four
burnt alive. Eight were
were
three of the latter having
dead
and four were
were
fugitives
fifteen reconciliations in person and
died in prison. There were
three in effigy.Finally there were
twenty-four who, although
of
reconciled
the
1679, escaped with abjurationde levi
among
hundred
libras.2 This shows
and fines amounting to sixty-four
tered
that the littlecommunity had alreadybegun to repairits shatfortunes,and renders it probablethat the confiscations
no

"

of the relaxed
for its labors.
to

serve

The

reconciled rewarded
lesson

seems

to have

the tribunal
been

abundantly

severe
sufficiently

in Maof Judaism
jorca;
We
hear nothingmore
its purpose.
elsewhere,the tribunal
during the height of persecution

celebrated

and

Archive

two

de

autos, May 31, 1722 and July 2, 1724, in which

Simancas,Inq.,Lib. 595,fol. 1 ; Lib. 69, fol. 69." Taronji,Estado

Social etc. de la Isla de Mallorca, pp. 241-2.

2
Garau, La Fee triunfante,pp. 30-45,

Simancas, Inq.,Jab.68, fol. 258.

49-50, 65-78,

111-22."

Archivo

de

[BOOK

,wiro

308

of them

penitentsappeared,but none
Although the New Christians were

nine

quarter, in time,

Judaizers.1

were

stillconfined to their separate

thoroughly
seen, they became

have

we

as

vin

Catholic.
the

With
the

openingof

victoryover

Succession

must

the

Judaism
of

course

century it looked
eighteenth
been

had

The

virtuallywon.

but this does not suffice to

Inquisition,
off in the number of Judaizers in the autos,so
falling
rest of

Spain was

of

of
operations
explainthe marked

the

long after the

War

interfered with the

have

by the records before

though

as

me.

In

far

Catalonia,which

fested
mani-

as

held out

the Inquisition
was
pacified,

fairly

re-established in 1715, after which, for three years, the Barcelona

cases, had but three of Jews"
out of a totalof twenty-five
tribunal,
and two daughterswho had fled from Seville and had
mother
a

been traced to Catalonia.2 In Cordova the records are imperfect

but,as far as they go, from 1700 to 1720,they show but five cases.3

twenty-one
Toledo, during the same
only twenty-threewere
trials,
eighty-eight

In

out

of

total of

for Judaism.4

only slumberingand
however, were
persecution,
again suddenly with renewed fierceness. Possiblythis

fires of

The

broke

years,

out

of an organized
be attributable to the discoveryin Madrid
families who, since 1707,had been
synagogue, composed of twenty
accustomed to meet for their devotions and, in 1714, had elected
may

they sent to Leghorn for confirmation.

rabbi, whose name
Comparative immunity had broughtrecklessness and we are told
the Christian fast-dayswith dancing and
that they observed
a

Five
guitar-playing.

7, 1720,5

It

was

of them

were

relaxed in the auto

of

probablythis discoverythat aroused the

April
other

Royal Library-of Berlin,Qt. 9548.

de Simancas, Inq.,Sala 39, Leg. 4, fol. 15, 23, 71.
Archive
3
de fe de Cordova, pp. 212-16.
Matute
y Luquin, Autos
4
Archive
hist, national,Inq. de Toledo,Leg. 1.
In Portugal there was
greater activity. The listof autos in the Historia dos
Actos/7pp. 278-81,304-7,328-31,shows for the twenty years, 1701-20,
principaes
1

"

Relaxed
In person.

Lisbon

26

Bibl. national,MSS., Bb, 122.

effigy. Penanced.
14
961
2

458

11

10

707

37

26

2126

Evora
Coimbra

In

OF

REVIVAL

I]

CHAP.

which
activity,

tribunals to renewed
for there

In

Judaizers.

littleconcealment

been

by

19, 1721, Sebastian

is asserted to have
del tdbaco,
of March

auto

Paz, administrador

de

Antonio

Toledo

the

abundantly rewarded,

was

to have

at this time

seems

309

PERSECUTION

y
daughterof his wife,and Francisco de Mendoza
of
Law
the
Moses."1
Rodriguez his firstcousin, accordingto
lence
For some
years this revival of persecutionraged with a viruthat of the earlier period. In a collection of sixtyrivalling
in all eight
1721 and 1727, there were
four autos,held between
and twenty
and sixty-eight
hundred
cases, of which eighthundred
did the tribunals err on the side of mercy.
for Judaism,nor
were
the

married

"

There

seventy-fiverelaxations in

were

and

person

seventy-four

while scourging,
the galleysand imprisonment were
effigy,
distribution of the culprits
lavishlyimposed.2 The geographical
of Aragon show
The kingdoms of the crown
is worthy of note.
in

few

Valencia

of Judaism.

traces

contributed

but

twenty cases,
twenty-sixin

or
five,
Saragossaone and Majorca none
of Castile,
all. Among the tribunals of the crown
Logrono held
auto during these years; Santiagofurnished only four cases,
no

Barcelona

"

had

Granada

while

hundred

two

twenty-nine,Seville

and

dred
hun-

The years 1722

and C6rdova seventy-eight.
sixty-seven
those in which persecution
most
and 1723 were
was
active,the
number
tinued
however, condiminishingrapidlyafterwards.3 It still,
and

and

1731, in which there

then there

hist, national,
Inq. de

Archive

Royal Library of Berlin,Qt.

Relaxation

Confiscation
Prison and
The

"

73

782

Abjurationde
"

was:

cases

'

24
...

de veh"nenti

23
.

"

In

1725

252

1726

224

1727

....

levi

89
....

24
....

17
....

157
....

It is probable that the year

Library of Berlin,Qt. 9548.
y

penaltiesis :
49

Exile

....

Matute

until

191

595

57

1723
1724

of

summary

597

sanbenito

1722

The

....

1721

red.4
occur-

of Judaism

case

no

was

cases

...

distribution of the
In

only two

1728, 1730
of Judaism;

Scourging
Galleys

74

Reconciliation

9548.

effigy

in

Toledo,Leg. 1.
75

in person
"

"

1745,when

Toledo,after 1726, there

In

autos

were

in all twenty-sixcases

were

interval until

an

was

there

Cdrdova

In

at intervals.

1727

Luquin, op. dt.t pp.

is not

253-73.

complete in

this collection.
"

Royal

[BOOK

xspra

310

there

1738, when

fourteen.

were

This

to have

seems

vm

exhausted

record ends
for until the Toledan
prosecution,
subsequentcase, which occurred in
in 1794,there was but a single
several Jews relaxed in 1732,charged
1756.1 In Madrid there were
in a house in the
with scourgingand burning an image of Christ,
at an auto, June 13, 1745,
In Valladolid,
calle de las Infantas.2
while in
Judaizer relaxed and four reconciled,
there was
one
Seville,
July 4, althoughthere were four Moslems there was not
Jew.3
At Llerena,in 1752,we hear of the relaxation of
a single
which must
and one of a dead woman,
of fugitives
six effigies
have been cases of Judaism.4
evidently

the material for

hist,

Archive

Inq. de Toledo,Leg. 1.
national,

national,MSS., S, 294, fol. 375.

Royal Library of Berlin,Qt. 9548.
*
Archive de AlcaM, Hacienda, Leg. 5442 (Lib.9).
of Portugal continued active. For the years 1721 to 1794,the
The Inquisition
dos printipaes
last recorded,the statisticsare (Historia
Actos,pp. 280-91,306-11
2

Bibl.

332-9):"
Relaxed
In person.

Lisbon

In

effigy. Penanced.

131

17

Evora

1543
735

Coimbra

1210
139

In this the
it relaxed

superior
energy

20

ferocityof the Lisbon tribunal is

3488

noteworthy;

less than

no

of the unfortunate
four

and

66 persons in the years 1732-42.

The last burningwas
Padre Malagrida,
in 1761 but, as late as 1760, Evora
burnt

culprits.

As far

be ascertained

the total record of the

PortugueseInquisition,
up
1175 relaxed in person, 633 in effigy
and 29,590penanced. The
portion
proof New Christians among
these is impossible
of ascertainment,
but towards
can

as

1794,is

to

the last it diminished

considerably,
and, as in Spain,the jurisdiction
included
superstitious
sorcery, blasphemy, bigamy, etc.
Under the ministryof the Marquisof Pombal, Dom
Jose*,
April8, 1768,deprived
of censorshipand, by successive edicts of May 2,1768, June
the Inquisition
16,
1773 and December, 1774, all distinctions between
Old and New
Christians were
An

order

the death

of Dom

removed.

of

February 10, 1774, abolished the Inquisitionof Goa,

in 1777,and the succession of Maria I drove Pombal
Jose*,
from power,
it was,
and
revived in 1779, to be finally
suppressed in 1812
(Vicente d'Abreu,pp. 6-7, 267-72, 274). In Portugalit was
extinguishedby
but

the revolution
In

1774

Cunha,
forms
The

new

of 1820.

Regimento was issued by the inquisitor-general,

Cardinal da
prefaceof which the Jesuits are accused of having perverted the
procedure,causing all the evils with which it had afflictedthe land.
a

new

in the

of

code removed

many

of the abuses of the old and

in
King Jose*,

the decree

CHAP.

FO"EIGNEES

I]

details
scattering

These
and

EXCLUDED

make

can

yet they suffice to show

rooted

of three centuries.

by

of

out

How

summarized

-no

311
to completepretension
ness,

that Judaism

Spanish soil,after

complete

was

list of all

before all the

fortyyears,

the whole

continuous

stantiall
sub-

struggle

this eradication is manifested

of every kind,coming
until the suppression
of the

cases

from 1780
tribunals,
in 1820,embracingan aggregateof
Inquisition
In these

at last was

number

over

five thousand.

of

connected
prosecutions
but sixteen,
and of these ten were
with Judaism was
foreigners
had evaded
the laws prohibiting
who
entrance
to Jews while,
six
four were
of the
and proposinatives,
prosecutedfor suspicions
tions.
The latest case was
at Cordova,in 1818, of Manuel
tiago
SanVivar for Judaizing
the final scene
in the longtragedy
acts
which had secured uniformityof faith at the cost of so much
blood and suffering.1
"

During this later period,the exclusion of foreignJews was

the Holy Office much more
than the detection of native
exercising
The

ones.

Ferdinand

savage

not

exclusion

to exterminate

was

retained

on

the

the
and

Jews
expelled

confiscation.2

it probably
statute-book,

in all its ferocity,

but the maintenance

enforced
was

by which, in 1499,

the return of
prohibited
under painof death
of foreigners

Although this law

was

will be remembered

and Isabella

the entrance

or

law

inevitable when

Judaism.

pains were
unremitting

taken

the msitas de navios, or

exami-

such

When

of the

holding them responsible

approving it,repeated the accusation of the Jesuits,
with the principles
for the ferocious and sanguinary corruptions,
incompatible
the
which
had
of natural reason
and religion,
rendered
Inquisitiona horror to
all Europe and had created within the monarchy an independent and autocratic
body of ecclesiastics. Regimento do Santo Officio da Inquisic"o,pp. 3 sqq.
31,37,39, 42, 55, 62-3,71,89, 144-5,149, 154-5 (Lisboa,1774).
are given
Englishversions of both Regimentos that of 1640 and that of 1774
his
the
Narrative
Pereira
in
Persecutions
de
Furtado
Costa
da
of
Mendonpa
by
(London, 1811). He lay for three years, 1802 to 1805, in the prisonof the Lisbon
is to be relied upon, the reforms of Pombal had already
tribunal and, ifhis account
"

"

become

"

obsolete.

nacional,Inq. de Valencia,Leg. 100.

Beltran instructed the tribunals that no one was
In 1783 Inquisitor-general
At
to be arrested for Judaism without first submitting to him all the papers.
which
Judaism
there
the same
time he called for reportsof all cases of
pending,to
Valencia repliedthat it had none.
Ibidem, Cartas del Consejo,Leg 16, n. 5,
fol. 59; Leg. 4, n. 2, fol. 136.
2
Novis. Recop.,Lib. xn, T. i,ley 4.
1

Archive

hist,

"

CHAP.

FOREIQNEES

I]

that attended

attempt

an

January, 1697, Abraham

Portugal under the name

Ledesma
and brought to

EXCLUDED

of

foreignJew to enter Spain.

France
from
Rodriguez,travelling

not

know

the

of Antonio

Mazedo,

arrested

was

the tribunal of Valladolid.

half later his trial was

and

313

stillin progress,

result,the experiencewas

Two

such

to

at

years

but,though

not

In

do

we

to invite

as

imitation.1

When, in

the

generalrelaxation of the eighteenth

century, the
sternness of these laws was
tacitlyabandoned, embarrassingprecautions
rendered soj
In
Abraham
ourn
uninviting. 1756,
Salusox,
of
Jew
ventured
to
Valencia
with a lion for sale.
a
Jerusalem,
The

shipmasterreportedhim and a familiar was deputedto accompany

him day and night,on board and on shore,never
to let him
out of his sightor to communicate
with any one.
The Count of
Almenara
bought the lion and Salusox was permittedto be in the
count's house

for

few

days, until

beast,after which he re-embarked.

in 1759, with
a

familiar

Jew

who

while his books

and

tillhis

papers

The

same

and

in 1795

1762, who

royal order

were

Valencia

in any
his coming and
These

his

could

tried to do

were

others who

the

came

fashion.

Then,

Suprema,

to the

same

through

that

see

would

not

was

took
consequently

come

to

to

be

notice of

no

so

he

through the records of

1645 to 1800, and their paucityshows
the dangers of visiting
Spain. Those

cases

find,from
braved

that search

in secret took the chances of detection.

Pereira landed

faith,but

departed,

going.2

rarelyJews

Jacobo

treated in the

the tribunal

way;

all the

were

Valencia

who

sold and he

Jewish

troubled

Gibraltar;

carefullyscrutinized to

issued

was

followed

was

from

subjectof the Bey of Morocco

and remain for eightor ten days, who

effect that

how

were

course

goods were

There
they contained nothingprejudicial.
in 1761

constructed for the

was

with merchandise

came

left him

never

cage

was

at Cadiz under

found

false name

and

In

1781,
concealing

out, arrested and the Seville tribunal

It is true that a royalorder

prosecution.3
of Jews who bore licence
of April25, 1786, permittedthe entrance
from the king,but these were
grantedand only on special
sparingly
occasions.
The questionof greaterliberality
came
up, in 1797,
at

commenced

once

1
2

his

Simancas, Inq.,Leg. 552, fol. 52.

Archive
hist, nacional,Inq. de Valencia, Leg. 4, n. 3, fol. 222.
Ibidem, Leg. 100.
Archive

de

[BOOK

JEWS

314

Don
the finance minister,

when

means

of

industryof Spain, proposed that

and

revivingthe commerce
Jews
might be allowed

de Varela,as

Pedro

VIII

and

to establish factories in Cadiz

other

the project
as contrary
ports,but the Council of ministers rejected
Apparentlythe discussion continued and, in 1800,
to the laws.1
called on all the tribunals for reportsas to their
the Suprema
of Jews seekingadmission,and the result appears in a
treatment
in full force all laws and
royalc6dula of June 8, 1802, declaring
the rigorousexecution
pragmatieastheretofore issued,and ordering
of the
the

lendingto

therein provided,while any default in

penalties
Inquisitiondue assistance for this holy purpose

royalindignation.2

with the

threatened

was

Napoleonicwars afforded opportunities

to be overlooked,
and
for enterprising
Jews, which were not likely
it necessary, August 16, 1816, to issue a
Fernando
VII deemed
decree renewing and confirmingthe c6dula of 1802.3 It was
easier to publishthe decree than to enforce it. The tribunal of
to the Suprema its perplexities
June 12,1819,represented
Seville,
Cadiz and Seville,
arisingfrom the influx of Jews at Algeciras,
gent
indiwho came
to the tribunal beggingfor baptism. They were
criminals but, as occasionally
beggarsand probablyfugitive
to deprive
there might be one whose objectwas
reallysalvation,
and conhim of this would be a heavy burden on the conscience,
sequently
The

the

of

confusion

the tribunal asked for instructions.4 This

order of the

an

on
insisting

such Jews

July 10th,to
inquisitor-general,

the strictenforcement

as

obtained

royallicence were

to
was
inquisitor-general

At the

same

time orders

all the

tribunals,

of the decrees of 1786 and

and, if the secular officialsmanifested

the

resulted in

1802;

to be

lack

watched
vigilantly
of zeal in cooperation,

be notified.5

were

sent,to the commissioners at all

the old instructionsas to the visitasde

ports,to observe strictly
navios and to report.as to the current practice.Barcelona replied
the

that the visits were

made

only when

there

were

Jews

on

board.

reportedthat the disuse of the visits had led to a rapid

Cartagenasaid that no visits
immigrationof Jews into Murcia.
made
but that,if suspicious
the customwere
persons arrived,
Alicante

Amador

Novfs.

8
4

Amador
Archive

MS,

de los

Rios,III,552-3.
Recop.,Lib. xn, Tit. i,ley 5.
de los Rios,III,557,
de

penes

Simancas,Inq.,Lib.

me.

4352.

CHAP.

MODERN

I]

TOLERATION

officers notified the

house

315

commissioner.

Cadiz and

Algeciras

that the health-officernotified the commissioner

answered

of the

Jews, renegadesand other forbidden persons, when he

took the necessary
stepsto avert the evil. Motril said that visits
arrival of

made

were

onlywhen

respondedthat

there

was

Jew

on

board.

Santiago
merely

it had the

royaldecrees of 1786 and 1802 and the

recent instructions of the Suprema.1 Evidentlythere was
little
attention paid to the enforcement
of the laws by both the royal
but the Government
and inquisitorial
determined
officials,
was
to enforce the exclusion of Jews, and an order was
promptly sent
to all the royalofficialsthat no Jew was
to be allowed to set foot
unless he bore a royallicence;
if he had one,
on
Spanishterritory,
he was
to presenthimself to the Inquisition
or its commissioner,
that

so

instructed
of Gracia

Suprema,

could

record

to

keep

him

made

be

of

was

supervision.The ministry
this,August 31, 1819,to the
it,September 6th,to all the

forwarded

in turn

the tribunal

strict

under

y Justicia communicated

which

him, and

tribunals with orders for its strict observance.3

The
the

came
Inquisition
which
prejudices

from

the removal

to

end

an

it had

done

the statute-book

so

of

fierce intolerance of the earlier time.

althoughunrepealed,
theywere not
travel and trade in Spain without
1854, Constitutional C6rtes
and

the

German

few

months

this,but
much
to foster postponed
the laws representing
the
In 1848 we are told that,

enforced and that Jews

but
molestation,3

assembled

were

Jews

after

sent

to frame

Dr.

could

when, in
a

new

stitution,
con-

Ludwig Philipson,

Magdeburg, on a mission to procure free admission

of their race, his eloquencewas
unavailing. It was not until
which drove Isabella II
when the revolution,
fifteen years later,
from the throne,called for a new
organiclaw,that the Constitution
it to all residents
of 1869 proclaimedfreedom of belief and guaranteed
likewise applicable
to natives proin Spain,and this was
fessing
than the Catholic. This principle
other religions
was
in the Constitution of 1876,which forbade allinterference
preserved
other
while not allowingpublicceremonies
with religious
belief,
than those of Catholicism.4 It was a remarkable proofof converRabbi

of

Archive

de

Simaneas, Inq.,Leg.

Ibidem, Lib. 559.

Lindo's

Amador

1473.

History of the Jews, p. 377.

Curso
de los Rios,HI, 561-2." -Paredes,

(Madrid,1883).

de Derecho

politico,
p.

666

[BOOK

JEWS

316

VIII

"

ancient

from

sion

Russia,

enthusiastically

declared

still
that

that

as

they

by

expressed

them

bringing

and

treason,

active,

was

sin

had

of

pious

were

in
to

trous
disas-

ter
encoun-

Franciscan,

moral

and

whole

the

devour

would

ended

they

which

from

Germany,

experiment

the

antipathy

ancestral

however,

was,

who

The

refugees

of

committees

although

received,

failure.1

Jewish

the

1883,

organizing

the

by

sent

in

when,

error

cal
politiSpanish

nation.2

Elkan
P.

Angel

N.

Adler,
Tineo

in

Review,

Quarterly

Jewish

Heredia,

Los

Judfos

en

Espafia,

April,
pp.

1901,
44,

48

p.

392.

(Madrid,

1881).

CHAPTER

II.

MORISCOS.i

ish
that,in the progress of the Reconquest,as Moorterritories were
the inhabitants were
successively
won,
largely
allowed
under
to remain,
guarantees for the free enjoyment of
their religion
and customs.
These Mucl6jares,
as they were
called,
useful portion of the population,through their
formed
most
a
industryand skill in the arts and crafts. When, in 1368, Charles
le Mauvais
of Navarre
granted to the Mudejares of Tudela a

WE

have

seen

remission

of half

assistance

during his

their taxes

for three

years, in reward
in fortification and
especially

of their

engineerwars,
not
ing, it shows that the conquering race
depended on them
labor but for the higher branches
of applied
merely for manual
faithful in peace and war, during
knowledge.2 As a rule they were
the long centuries of internal strife between
the Christians,
and of struggleswith their co-religionists.
It was
the Jews against
whom
directed the growing intolerance
was
of the fifteenth century and, in the massacres
that occurred,
there appears
been
manifested
to have
no
hostility
against the
de Borja, Archbishop of Valencia
Alfonso
Mudejares. When
(afterwards Calixtus III),supported by Cardinal Juan de Torquemada, urged their expulsionon Juan II of Aragon, although
he appointed a term
for their exile,he reconsidered
the matter
and left them
So when, in 1480, Isabella ordered
undisturbed.3
of all Jews who refused baptism and
the expulsionfrom Andalusia
1

The

compass
my

long-drawn tragedy of
of a chapter and I must

"Moriscos

Since that
two

octavo

of

Spain, their

volume

(Valencia, 1901)

on

the

in which

Moriscos

refer the

Conversion

issued Padre

was

volumes

the

Pascual

subject
"

"

Los

can

only be outlined

reader, who
and

I have

the

Expulsion" (Philadelphia1901).

Boronat

y Barrachina

Moriscos

espanolesy

his industry has accumulated

of these

within

desires greater detail,to

very

has published
su

Expulsion"

copious

freely availed myself.

de Antigiiedades del Reino

mass

here

originaldocuments;
2
Yanguas y Miranda, Diccionario
H, 433 (Pamplona, 1840).
3
Fray Jayme Bleda, Cor6nica de los Moros,

p. 877

de

Navarra

(Valencia,1618).

(317)

of

MORISCOS

318

[BOOK

did the

when, in I486, Ferdinand

The
and

nothing could be

cityof

the

son

liberal than the terms

more

Granada

the Infante

surrendered.

Juan

and

vassals and

to the

placesthat should
natural subjectsunder
and

such to be honored

final

The

for all their successors,

of all

the Moors

conceded

of
capitulation
was
a solemn
agreement, signedNovember
for
for themselves,
Ferdinand
and Isabella,

25, 1491, in which

their

Aragon, they both

left the Mudejares alone.1
in the conquestof Granada,

old

districts that

cities and

in

same

and
capitulations
time-honored policywas followed

respectedthe

VIII

come

into the

received

agreement

as

and
the royalprotection,

as

property,freedom
respected.Religion,
and even renegades
all guaranteed,
were

trade,laws and customs

while
not to be maltreated,
them were
from Christianity
among
Christian women
marryingMoors were free to choose their religion.
to be transported
were
expatriation
For three years, those desiring
to Barbary at the royal expense, and refugeesin Barbary

to

When, after the execution of this agreement,

wanted
further
unnatural
not
distrust,
the Moors, with
declaration in which
made
a solemn
guarantees,the sovereigns
by God that all Moors should have full libertyto
they swore
work on their lands,or to go wherever they desired through the
were

allowed to return.

and
their mosques
heretofore,while those who desired

ances
observreligious
to emigrate to
as
Barbary could sell their property and depart.2 It was the 'wise
the conquered populationin
traditional policyof incorporating
with other subjects,
and trusting
to
the state,on an equalfooting

kingdoms,and

to maintain

time to merge

them

all into

to
owing allegiance

and

common

mass,

holdingone

faith

country.

one

distrust of Christian

good faith that impelled

a large
them, or a natural desire to leave the scene of their defeat,
portionof the Granadan Moors, includingmost of the nobles,
Before
promptly availed themselves of the rightof expatriation.
that the
the year 1492 was
out,it was reportedto the sovereigns
Abencerrageshad gone, almost in a body, and that,in the Alpujarras, few were left-save laborers and officials. The emigration
Whether

it

was

Pulgar, Cr6nica de los Reyes Cat6licas,n, Ixxvii. Archive ge*n.de la C.

Regist.3684, foL 96." Padre Fidel Fita (Boletin,XV, 323-5, 327,
"

de Aragon,

328, 330; XXIII, 431).

2

Fernandez

Gonz"Lez, p. 421. Coleccion de Documentos, VIII, 411.

Marmol
Carvajal,Rebelion y Castigode los Moriscos de Granada,pp. 146-50
Tom.
(Biblioteca de Autores espanoles,
XXI),
y

"

"

CHAP.

CONVERSION

II]

OF

GRANADA

319

continued and, in 1498,a letter of Ferdinand indicates that he

inclined to stimulate it.1 While there might be good reasons

was

for

diminishingthe large populationof those recentlyvanquished,

who
presumably might cherish hopes of independenceand had
the bitterness of unsuccessful struggle,
not forgotten
this was accompanied
with a readiness to increase the number
of Mudejares,
had
who
and who
adapted themselves to the situation,
were
regardedas in every way a desirable element in the community.
Manoel
of Portugalexpelled
When
the Moors who refused baptism,
Ferdinand and Isabella welcomed
them to Spain. Royal
letters were
their entrance with
issued,
April20, 1497,permitting
all their property,either to settle or in transit to other lands;
taken under the royalprotection
and all molestation
they were
forbidden.2

there was
no
Up to this time, at least,
recognitionof the political
necessityof unity of faith,which
for cruel intolerance and
subsequentlyserved as justification
unwise statesmanship.
of the day, if not yet preparedto regard
Yet the statesmanship
considered it politically
necessity,
unity of faith as a political
soughtthe salvation of
advantageous,while piouszeal inevitably
the multitudes of souls thus brought under Christian rule. The
"third king of Spain,"Gonzalez de Mendoza, Cardinal-archbishop
the soverat the court urged upon
of Toledo,and other prelates
eigns
that gratitude
to God
requiredthem to give to their new
subjectsthe alternative of baptism or exile. Ferdinand and
however, turned a deaf ear to this advice,either not
Isabella,
pledged,or to provoke another
caringto break the faith so recently
of them

war;

was

the work

of conversion

had

already been commenced

with

safelybe left to time.3

Hernando
de Talavera,had been
the saintly
Isabella's confessor,
and
made Archbishop of Granada; he was
devotinghis revenues
his tireless labors to missionarywork, inculcating
Christianity
potent than precept. He relieved suffering,
by example more
he preachedand he taughtallwho would listen to him; he required
He won
his assistantsto learn Arabic and he acquiredit himself.
fair

los

prospectsof

Coleccion

de

Moriscos,
p.

and

success

it could

Documentos, XI, 569; XIV,

496.

"

Janer, Condition

127.

Appendix to the author's "Moriscos,"p. 403.

8 Marmol
Carvajal,p. 153. Salazar de Mendoza, Cr6nica
de Espana, p. 251 (Toledo,1625).
2

Printed

social de

in

"

del gran

Cardenal

CHAP.

CONVERSION

II]

violated the
Then

peace.

the
capitulations,
Talavera,with
to the

servants,went
the hem

OF

of his

GRANADA

observance
his

321
of which

chaplainand

plaza Bib-el-Bonut,where

garments

as

of old.

would
few

restore

unarmed
kissed

the Moors

Tendilla followed and

ised
prom-

pardon if they should lay down their arms, as it should be

that they were
understood
not in revolt,
but had only sought to
maintain the capitulations,
which should be strictly
observed in
future.

The

citybecame

surrendered,tod

were

aside their
With

four of them

who

had

slain the

hanged; the

were

alguazil

Moors

cast

and returned to work.

arms

such

quiet;those

kindness and fair-dealing

alone were
population,
the desired result,
but the inflexible temper
requiredto accomplish
of Ximenes

had befcn

accomplishment of
alarmed
had greatly
reproached,but he

aroused,and

his purpose.
the court

he
The

was

resolved

rumors

on

of the

the forcible

disturbance

and Ximenes
Seville,
was
bitterly
hurried thither,
version of the
gave his own
at

and pointed out that the Moors had forfeited lifeand propaffair,
erty
that pardon should be conditioned on acceptso
by rebellion,
ing
his arguments
baptism or expatriation.With fatal facility
were
accepted;Tendilla's promises were ignored;the capitulations
littlereliance
to be taught how
cast aside;tke Moors
were
were
to be placedon
Christian faith;distrust and hatred were
to
was
be rendered
them

which

and
ineradicable,

could

not

but be

be forced upon
the visible signof their

was
religion

odious,as

to

subjection.Froiii this false step sprang the incurable trouble

which weakened
Spainuntil statesmanshipcould devise no remedy,
useful and efficient
the deplorableexpulsionof the most
save
that the
portionof her population. It was not without reason
admits that,so imperiouswas
admiring biographerof Ximenes
acted through fury rather than
his temper that he sometimes
through prudence,as was seen in the conversion of the Granadan
attempt to conquer Africa.1
and offered
with full powers,
He returned to Granada, armed
to the people the alternative of baptism or punishment, while
a royal judge,Sent for the purpose, sharpenedtheir apprehension
active of the rioters. The
by executingor imprisoningthe more
forward in thousands
choice was
readilymade and they came

saving waters

for the

in the

and

Moors

Gomesii

Lib. vn,

de Rebus

of

baptism.

gestisa Francisco

Ximenio, Lib.

fol. 219.

VOL.

ni

Instruction in the

21

new

faith

rv, fol. 65n Lib. v, fol. 128?

[BOOK

MOJRISCOS

nor
impossible,

was

was

When

it wanted.

VIII

for it in

they asked

the offices and parts of

language, and Talavera had
he said,
it
printedin Arabic,Ximenes objected; was,
the gospels
in the nature of the vulgarto
before swine; it was
castingpearls
that which
understand and to reverence
despisewhat they could

their

own

mysteriousand

was

beyond

their

comprehension.He

conversion so long as he could

for heart-felt
little
inducted
conformity. The number thus rudely
in the

the Vega,
city"and

thousand and

the

was

estimated at from

process which

converted

outward

secure

into the

faith,

to seventy
fifty

them

thus forced
only in undying hate for the religion

cared

could

upon

result

them.1

this forcible missionary

Although no outbreak occurred during
and Ferdiwork, the discontent which it excited was threatening,
made no secret of his displeasure
nand returned to Granada where he
it interfered
as
imprudent zeal of Ximenes, especially
be postponedto meet
with his designson Naples. These had to
danger at home for,althoughemigrationhad been
the imminent
exciting
had taken refugein the Alpujarras and were
large,
many
he wrote, January 27,
the mountaineers to revolt. To meet this
them that all reportsthat they
Moors, assuring
1500, to the leading
and pledging
the royal
by force were false,
to be Christianized
were
To
compulsorybaptismwould be made.
faith that not a single
reconcile those who had been baptizedand to attract others he
pardon to all New Christians for
issued,February 27th,a general
crimes committed priorto baptism and renouncing his claims
he had been engaged in raising
an
to confiscation.2 Meanwhile
and with
to be repeated,
as largeas though the conquestwas
army
this he was
engaged,duringthe rest of the year, in quellingthe
revolts which broke out in one placeafter another,supplementing
with friars despatchedthrough the mountains
operations
military
in
and baptism went hand
Massacre
to instruct the converts.
and the army
banded,
diswas
pacified
hand, until the Alpujarras were
at the

January 14, 1501.3

1

The

authorityfor
principal

all this is Mannol

Carvajal (Rebelion

Castigo,

Lib. n, foL
are
by Gomez (De Rebus gestis,
30-33); Zurita (Hist,del Rey Hernando, Lib. ra, cap. xliv); Galindez de Carvajal
p.
(Coleccionde Docum. XVIII, 296);Bernaldez (Hist,de los Reyes Catholicos,
pp. 153-6),but there

also accounts

145) ; Pedraza (Hist,ecles.de Granada, fol. 193, 196).

2
Clemencin,Elogio de la Reina Isabel,pp. 291-3 (Madrid,1821)." Archive
fol. 26.
de Simancas, Patronato
Real, Inq., Leg. tinico,
3
M
Marmol
de
Carvajal,
Bernaldez,
Carvajal,
sup.
Zurita,GaUndez

CHAP.

II]

Then

CONVERSION

there

Sierra

the

enforced

OF

GEANADA

trouble in the Western

came

Bermeja, where

conversion.

323

districtsof Ronda

the mountaineers

Another

rose,

and

in dread

of

raised,which suffered
defeat at Caladui. This brought a
a severe
pause, during which
the insurgents
asked to be allowed to emigrate. Ferdinand
drove
hard
a
bargainwith them, demanding ten doblas for the passageand requiring
those who could not pay this to remain and
money
submit to baptism. The baptizedlowlanders,
who had taken to
the mountains,were
allowed to return home, surrendering
their
and
arms
sufferingconfiscation. Large numbers
escaped to
remained
to curse
the faith thus imposed on
Africa,but more
them.
To these New
have seen, expatriation
as we
Christians,
forbidden. Baptism imposed an indelible character,
corpora
was
and inwith the Church subjected
them to a jurisdiction
which
could not be shaken
It

was

off.

vitally
importantthat

was

army

these New

Christians should

be

interfused with the rest of the population,

with the same
rights
and privileges,
so that in time they might form
a contented whole,
but this

was

One

not to be.

The
wrong always breeds another.
the violent methods
of conversion

disregardof compacts and

and an
edict of
inevitablyrendered them objectsof suspicion,
the new
converts from
September 1, 1501 prohibited
bearingor
under penalty,for a first
possessingarms, publiclyor secretly,
offence,of confiscation and two months' imprisonment and of
edict which was
death for a second
an
repeatedin 1511 and
again in 1515.1 Not only was this a bitter humiliation but a
for
at a time when
serious infliction,
a
were
necessity
weapons
however
another distinction between
There was
self-protection.
for it was
the classes favorable to the New
provided
Christians,
the
should
to
be
for
not
sition,
Inquisubjected
forty years, they
that,
fulltime
that
in order
to acquireknowledge
they might have
made
faith.2 Yet, like all other promises,this was
of their new
It was
thus,in less than ten years after the
only to be broken.
found themselves
to be
that the Moors of Granada
capitulation,
Christians in defiance of the pledgesso solemnly given. Such
"

could have but

commencement

one

result and

we

shall see

its

outcome.
1

Recop. Lib.

Nueva

When,

Granada

or

I have

what

on

been

documents

vm,

Tit.

ii,ley8.
exemption

terms, this

was

granted

unable to ascertain,but it is referred to

as, a

matter

of

common

knowledge.

to

the

Moriscos

of

in subsequent
repeatedly

[BOOK

MOEISCOS

324

VIII

of this forciblepropaganda
Something might be urged in palliation
in
the
and brought about
in that it was
unpremeditated
and religions,
hostile races
settlement between
allowed to depart.
conversion were
and that those who rejected
All this was
lackingin the next step towards enforcingunity of
loyaland
faith. We have seen how the Mud"jares of Castilewere

turbulence of

compacts centuries old,which

contented subjects,
livingunder

enjoyment of

the- full

guaranteedthem

their

and
religion

laws.

disturb this and convert them, by a flagrantbreach of faith,

a colorable pretext,
domestic enemies,without even
into plotting
this that Isabella
Yet it was
would appear to be an act of madness.
To

whom

among

Ximenes

probablybe

can

bringing about

influential. In
had

the influence of her

do, under

led to

was

reckoned

conversion

the

as

the most

Granada, he

of

conformityand this could be

peacefulMud6jares,without

cared for littlebeyond outward

the scattered and

secured among

ghostlycounsellors,

the mountaineers
the attempt among
the risk attending
encountering
could
the Inquisition
while subsequently
of the Alpujarras,
for what might be lackingin religious
viction.
conbe depended upon
in
God should no longerbe insulted by infidelrites Spain,
and the land could not fail to be blessed when
true

faith. Such

which

we

led Isabella to

to have

assume

may

measure

so

been

the

disastrous. That

disapproved of it may

sense
practical

thus united in the

reasoning

Ferdinand's

be inferred from

the

fact

yielded
that,when he talked of similar action in Aragon,he readily
to the remonstrances

of his nobles.

firstessayed. Instructions
was
Persuasion,backed by threats,
that the Mud6jares must
sent to the royal officials
were
adopt
the
of
when
Christianity
and,
corregidor C6rdova repliedthat
force would be necessary, the sovereigns
September 27,
replied,
scandalize them; they
as itwould
1501, that this was inadmissible,
to be told that it

for the

good of their souls and the

service of the kingand queen and,if this provedinsufficient,
they
could be informed that they would have to leave the kingdom,

were

for it

was

resolved

that

was

no

infidels should remain.1

But

four

elapsedsince tKe refugeeMoors from Portugalhad

been invited to settlein Castile,
and this sudden change of policy
shows what influences had been brought to bear on Isabella
duringthat brief interval.
years

had

Boronat,Los Moriscos espafloles,

I, 113,

CHAP.

II]

CONVERSION

This tentative

measure

IN

CASTILE

to have

seems

met

325

with

success

so

slender

methods
stringent
were
recognizedas necessary and,
on
February 12, 1502, a pragmatica was issued,
shrewdly framed
to giveat least the appearance
of voluntaryaction to the expected
conversion. It alluded to the scandal of permittinginfidels to
remain after the conversion of Granada; to the
gratitudedue to
be shown by the expulsionof his enemies,
God, which would fitly
that

more

to the

and

protectionof

All Moors

the New

Christians from

contamination.

therefore ordered to leave the

were

kingdoms of Leon
the
April,abandoningtheir children,

and

Castile by the end

males

under fourteen and the females under twelve

years of age,
to be detained. The exiles were
were
allowed to carry with

who

their

them

of

property,except gold and silver and other prohibited

articles. There

nothingsaid as to an alternative of baptism,

but the conditions of departurerendered expatriation
so difficult
self-evident that there was
that it was
intention of losingso
no
valuable a portionof the population.Under pain of death and
the exiles were
to sail only from
confiscation,
ports of Biscay;
they were not allowed to go to Navarre or the kingdoms of Aragon;
with the Turks and with the Moors of Africa,
there was
war
as
but were
told that they
they were not to seek refugewith either,
might go to Egypt or to any other land that they might select.
They

were

was

never

to

return, nor

Moors

were

ever

to be

admitted

cation,
kingdoms, under penalty of death and confisafter Aprilwas
threatened
and any one harboringthem
in favor of masters
made
with confiscation. One exceptionwas
of them, but they were
who were
not deprived
to
of Moorish slaves,
be distinguished
by the perpetual
wearingof fetters.1
to the

The

Castilian

voluntary character

revealed in the fact that when

of the

were

not allowed

which

ensued

is

Moslems,in spiteof almost

of emigration
risk the perils

zealous

obstacles,
preferredto
insuperable
they

conversion

to do so, but

were

forced to become

tians.2
Chris-

there was
some
pretence
During the brief interval allowed,
and instruction and, as it neared its end, the Mud6of preaching
A reportfrom Avila,April24th,
jareswere baptizedin masses.
of two
to the sovereigns,
says that the whole aljama,consisting

Nueva

GaKndez

ley4. Of. Fenadndez y Gonz"ez. p. 219.

vin, Tit. ii,
Carvajal(Col.de Documentos, XTVIII, 301-4). Zurita,while

Recop.,Lib.
de

"

this,but admits that

quoting Carvajal,disputes
Hist, del Rey Hernando, Lib. rv, cap. 54.

the conversion

was

not

tary."
volun-

[BOOK VIII

MORISOOS

326

souls,will

thousand

be

converted

and

will depart.1 In

none

told that the bishop,Alfonso de Manrique" the

them
over
by kindness,so that
future inquisitor-general"won
of Manrique.2 Thus,
they were all baptizedand took his name

Badajoz,we

are

the kingdoms
at least,
externally

of the

of Castile

crown

enjoyed

the desirable
unity of faith,but this was not accompaniedwith
converts continued to
assimilation of the population. The new
to be known
by the distinctivename
and came
form a class

apart

of Moriscos.

those reared in
thus imposed upon
Christianity
only the beginningof the task assumed
the tenets of Islam was
them
labor remained of rendering
by the state. The more difficult
to be secured of moulding
if the advantage was
true Christians,
alone
into a homogeneous community, which
discordant races
adopted. The unity of faith,
the violent measures
could justify
The

which

nominal

the ideal at the time of both

was

than

more

means

should form
the

and

same

sharinga

mere

outward

conformity;it

belief. In

land like

statesman,

means

that all

aspirations
conscientiously
Spain,populated by

united nation,animated with the

hopes, here and hereafter,and

common

and

churchman

same

if it could
sacrifices;
diverse races, this was an objectworth many
the enforced baptism of a powerfulminorityonly
not be attained,

discord.
divergenceand perpetuated
exaggerated
To

secure

the desired result by the

employment

of force,
through

abhorrence of a religion
could not failto intensify
Inquisition,
universal love and charity,
known
was
which, while professing
and cruelty. Yet the only alternative
only as an excuse for oppression

the

the slow and laborious process of disarmingthe prejudices

the
and
reluctant
convert
winning over
alreadyaroused,
was

and persuasion,
by kindly instruction and
by gentleness

stration
demon-

not mere
were
Christianity
theological
in practical
life. We have seen
the
vitality
in Ximenes
and Talavera,and
two methods

that the truths of

of
abstractions,
embodiment

of the

the fatal

it was

no

error

of those who

ruled the destiniesof Spainthat

to follow the latter.

patienceand self-denialresolutely
and spasmodically
they tried to do so, with only perHaltingly
sistence
enough to put themselves in the wrong and depriveof

they had

1
2

not

447.
Documehtos, XXXVI,
Bravo, Catdlogode los Obispos de C6rdova, I,411 (C6rdova,1788).
Col. de

CHAP.

II]

LACK

the
justification
coercion.
to

one

INSTRUCTION

employment

concurrent

Prom

see, the

OF

cause

or

intermittent and

failed

another,as

327

of the easier process of

shall have occasion
we

ineffective attempts at persuasion

perpetual irritation of persecution

miserably,while the
led inevitably
to chronic exasperation.
Five years had elapsedsince the coercive baptismwhich, under
the precepts of the church,should have been preceded by competent
understandingof the mysteriesof the faith,
when Ximenes

attained,in 1507, the inquisitor-generalship.

One of his earliest
acts

was

letter to all the churches

in

religious
matters, of the
includingregularattendance
of the
rites.1

faith,and

Presumably

New

the deportment,
prescribing
Christians and their children,

at the mass,

avoidance

instruction in the rudiments

of Judaic

and

Mahometan

this

nand
accomplishedlittleand, in 1510, Ferdiaddressed all his prelates,
tian
pointingout the neglectof Chrisobservances
by the Conversos,and orderingthe bishopsto
enforce their presence at mass
and to providefor their instruction,
matters to which the parishpriests
devote special
must
attention.2
council
in
of Seville, 1512,responded to this by calling
The
attention
of new
needed religious
converts who greatly
to the number
who were
for the salvation
instruction. The prelates,
responsible
ordered to depute for that purpose
learned men,
of souls,
were
their manner
of life and their
should specially
who
investigate
to their old faith. All parishpriests
commission of sins pertaining
and see that they
ordered to make
out lists of the converts
were
listswere
of the church,and special
to
conformed to the mandates
be compiledof those who had been reconciled by the Inquisition,
that
with orders to attend mass
on
so
Sundays and feast-days,
their fulfilment
what
we

we

may

know

of their sentences

of the failure of
that

safelyassume
would

those who

have

been

could

be

enforced.3

of this kind

subsequent measures

these received

From

littleattention from

obligedto expend

money

and

labor

in their execution.

Simultaneouslywith his letters of 1510, Ferdinand had applied

to Julius II,representing
that,since 1492,there had been converted
had
Jews and Moors who, through insufficientinstruction,
many
been

led to commit
1

Gomesii

Danvila

Condi.

many

de Rebus

heretical crimes;he had

gestisLib. m,

ordered

fol. 77.

Collado,Expulsion,p. 74.
ann.
1512, Cap. 2 (Aguirre,V, 363).
Hispalens.,
y

their

CHAP.

PERSECUTION

II]

Cardinal Adrian

329

had issued many

in their favor,ordering
provisions
the tribunals not to prosecutethem for trifling
causes
and,
if any were
be
to
so
arrested,they were
dischargedand their
be
returned to them.
In spiteof this,the inquisitors
property
continued to arrest them on trivial charges,and on the evidence
As they were
of singlewitnesses.
ignorantpersons, who could
these arrests had greatlyscannot readilyprove their innocence,
dalized
and
had
for relief,
them,
wherefore the
they
petitioned
not to arrest them without conclusive
Suprema ordered inquisitors
evidence of heresy,and when there was
doubt it was
to be consulted.
All who were
held for matters not plainly
heretical were
with
to have speedyjustice,
such clemencyas conscience
tempered
might permit.1
How
completelythese instructions were
ignored is manifest
in the trials of the Moriscos where, as in those of the Judaizers,
had formed part
any adherence to customs,which for generations
sufficientfor arrest and prosecution.It was
of dailylife,
was
not
merely the fastingof the Ramadan, the practiceof circumcision,
bath accompanied with a ritual,
the Guadoc
the Taor,
or
or
another kind of bath used priorto the Zala,or certain prayers
uttered with the face turned to the East, at sunrise,
noon, sunset
well-defined religious
ceremonies admitting
and night. These were
but there were
of no explanation,
numerous
others,innocent
and suspicion
in themselves,which impliedsuspicionof heresy,
in itself a crime.

was

Under

skilfulmanagement,

the
including

of torture,arrest for these simpleobservances might lead

not to be lost.
and the opportunity
to further confessions,
was

free

use

Abstinence

from

and
prosecution,

pork
we

and

hear

wine

amply sufficient to justify

the nails with
of cases in which staining
animals dying a natural death,killing

henna, refusal to eat of

the zambras
fowls -by decollation,
used at

was

and

dances
or songs and
l"ilas,

and
merry-makingsand nuptials,

gravelyadduced

as

evidences

of

were
cleanliness,

even

apostasy.2

of all Moorish customs

elaborate lists
In pursuance of this policy,
made
abstracts of these
out for the guidanceof inquisitors;
were

included in the Edicts of Faith,where

were

Archive

MSS.of

de

la

Simancas,Inq.,Lib. 939, foL 89." Danvila

one

who

had

CoUado, p. 98.
Bibl. national,MSB., D,
y

Libraryof Univ. of Halle,Yc, 20,T. I."

PV, 3, n. 20. Procesos contra Mari Serrana,Mara Naranja,Mari
Sazeda
(MSS. penes me).

111,fol. 127;
G6mez

every

"

[BOOK

MOBISCOS

330

VIII

munication
requiredunder pain of excomto denounce
subjectedto
them; the Moriscos were
and any unguarded utterance,which might
espionage,
perpetual
liable to be reported
heretical leaning,
was
be construed as inferring
and to lead to arrest and probablepunishment. It is true that
from these slender indications the inquisitorial
process frequently
of
but this did not render the position
led up to full confession,
and constraint and anxietycontributed
the Morisco less intolerable,
which he
his detestation of the religion
largelyto intensify
of persecution.
Bishop P"rez of Segorbe,
knew only as the cause
sion
in 1595, when
enumeratingfifteen impediments to the converthe
fear
of
and
Inquisition
of the Moriscos,included their
At all
them
hate Christianity.1
made
its punishments which
where
events, it secured outward conformity,at least in Castile,
themselves to the Old Christians;
they were graduallyassimilating
they had longsince abandoned their national dress and language;
or

seen

they

in attendance

assiduous

were

thingswas

of such

heard

and

the

processionsand interments and

whatever
might be the
Christians,
attached
sincerely

visitation. It had

1502, and had

had

somewhat

not

crowded

in

were

faith,but

new

use

pork

and
singlecell,

for twelve

wine,on

or

and

years

the

prisonthat

we

had

pleathat

This sufficed to start

and

then

an

observed

these

that

agreed
thingsdis-

which
investigation

hear of nine

women

confined

of the hall of the

Inquisition
being used as a
this vigorouswork did not extirpate
the

place of detention. Yet

evil for,in 1597,the Toledo tribunal

all

now

every

became

Morisco

the secret

Daimiel.3

and

over

won

which had been baptized

population,
apparentlybeen overlooked so long that it had
careless. A woman
reportedto Yafies that she
a

with them.
so

secrets of their hearts.2

of

lived with Moriscos

they did

fessional
con-

brought to light.Thus, in
apostateswere
of Toledo, included Daimiel in a
Yan6s, Inquisitor

1538, Juan

grown

vespers, the

in
altar;they participated
were
commonly regarded as

on, many

their

to

littlecommunities

in

wore

and

mass

of the

sacrament

Doubtless,as time

at

was

busy with heretics from

More

shockingwas a case in which Marfa P"ez,daughter

of Diego Paez Limpati of Almagro, figured,
for she accused
her kindred and friends. Her father was
burnt in 1606, as
1

Archive

Bleda, Cor6nica,
p.

MSS.

de

Simancas,Liq. de Valencia,
Leg, 205, fol.3.

penes me."MSS.

905.
of

Library of Univ.

of

Halle,Yc, 20, T. I.

CHAP.

GRANADA

II]

331

reconciled

her mother,who confessed,

was
negative;
impenitent

an

and

imprisoned,and

in

four
suffered,of whom
from 1575 to 1610,there

all

twenty-five Moriscos
relaxed.

were

hundred

In

the

of

Toledo

and

Almagro
record,
of Moris-

ninetycases
cos
as
againsta hundred and seventy-fourof Judaizers,and
showing that, notwithstandingthe
forty-seven of Protestants,
influx of

Portuguese,the Moriscos

with which
had

are

the tribunal had to deal.1

fallen upon

evil

times,but

the most

were

The

worse

were

old

heretics

numerous

Mudejaresof Castile

in store for them.

Granada

difficult and dangerous problem,

presenteda more
to reconcile political
requiringthe most sagaciousstatesmanship
yet this delicate situation
safetywith the demand for unityof faith,
treated with a blunderingdisregard
of common-sense
teristic
characwas
The population
of PhilipII.
almost wholly Morisco,
was
and the country was
abundant
rugged and mountainous,offering
refugefor tliedespairing.The so-called conversion of 1501 had
worked no changein their belief. They were
hard-working,
moral,
and charitable to their poor, but they
honorable in their dealings,
Moslems at heart;if they went to mass, it was to escape the
were
fine;if they had their children baptized,
they forthwith washed
off the

chrism

and

duringLent,it was

circumcised

males; if they confessed

if they learned
merelyto obtain the certificate;
Church, it was in order to get married, after
the

the prayers of the

with all convenient
which they were
forgotten

speed. They had

been promised forty years'exemption from the Inquisition,
but
avarice
they were rendered disaffected by the abuses of judicial
secular and ecclesiastical.2
and the insolent domination of the officials,
In

1526

Charles V

was

Moriscos,three descendants

in

Granada,where,in

"

the

of the old Moorish

name

of the

kings,Fernando
Vinegas,Miguel de Aragon and Diego Lopez Benexara, appealed
the
to him for protection
againstthe ill-treatment by the priests,
and other officials,
whereupon he appointed
judges,the alguaziles
and report. Fray Antonio de Guevara,
to investigate
a commission
shortlyto be Bishop of Guadix, was one of the commissioners
he describes the Moriscos as offering
and, in a letter to a friend,
that requiredcorrection that it had better be done in
much
so
*
2

Library of Univ. of Halle,Yc, 20, T.

Pedraza, Hist, ecles.de Granada, fol.236-8.

MSS.

of

I.

[BOOK VIII

MORISCOS

332

secret,rather than by publicpunishment;they had

been

ill-

so

had so winked at their errors, that

taught,and the magistrates
remedying it for the future would be enough without disturbing
in which the commission
the past.1 This shows the spirit
formed
perhad
officials
and
turned
its work; the incriminated priests

defendants. The report

now
their accusers, who were
but stated
of ill-usage,
confirmed the complaints
of the commission
than
not to be found
more
the Moriscos there were
that among
submitted to a junta,presided
This was
true Christians.
seven
Manrique, and the result was an edict
over
by Inquisitor-general

the tables

on

but
oppression,
which it sought
concerned itselfwith the apostasyof the Moriscos,
them, but by renderingtheir condition
to cure, not by instructing
intolerable. In violation of promises,the Inquisition
stillmore
known

as

of Jaen

that of 1526.

was

grantedno

transferred to Granada.

and
granted,

was

It

term

earn

Amnesty for past offences

of grace was providedfor those confessing

the laws against
heresy were to be rigorously

after which
voluntarily,
enforced,althoughfor
for confiscationand time

relieffrom

was

some

fines

years

allowed in which

substituted

were

the

could
penitents

them.2

tions,
supplementedwith a series of most vexatious regulaMoorish
Arabic
and
of
the
of
garments and
prohibiting use

This

was

baths; Christian midwives

enforced by
disarmament
was
of

to be

were

present at all births;

of licences;
the
rigidinspection
to be kept open on feast-days,
doors of Moriscos were
Fridays,
Saturdays and duringweddings,to prevent the use of Moorish
a

ceremonies;schools to train children in Castilianwere

at Granada, Guadix and Almeria: no Moorish
to be used and Moriscos were

to be established
names

were

keepgads or unbaptizedMoors,
whether
free or slave.3 This naturallycaused great agitation;
the Moriscos held a generalassemblyand raised eightythousand
not to

ducats to be offered to Charles for

advisers
he
of

were

doubtless

withdrawal

de Carlos

His

and, before
propitiated

leavingGranada,
permittedthe carrying

suspended it during his pleasureand

and dagger in the towns and
a sword
Sandoval,Hist,

of the edict.

V,

of

Lib. xiv, cap. 18.

"

lance in the open

familGuevara,Epistolas

iaresp. 543.
2

Sandoval,ubi sup. Dormer, Afiales de Aragon,Lib. n, cap. vii. Archivo de

Simancas, Lib. 926, fol. 80.
3
Dormer, vki sup. Bleda, Coronica,p. 566. Marmol
Carvajal,
p. 158.
Nueva
Recop.,Lib. vin, Tit. ii,leyes 13, 15, 17,
"

"

"

"

"

CHAP.

GEANADA

II]

country. A specialtax, known

about

this period,under

333
as

which the

/arda,probablydates
use

of Moorish

language was

permittedand, in 1563, we

this amounted

to

twenty thousand

ducats

chance

from

garments and
to learn that

annum.1

per

troubled the
that,for awhile,the Inquisition
Moriscos but littlefor,in its firstgeneralauto, held in 1529, out
It would

seem

while there were

for Judaism
eighty-nine
culprits,
seventy-eight
but three for Mahometanism, and one of these was
in
there were
and, in 1532, Captain-general
effigy.2Stillit provoked disquiet
since it had done
Mond6jar suggestedto Charles its suspension,
nothingand could find nothingagainstthe Moriscos. This was
unfortunate,for it stimulated the tribunal to greater activity
offers on their part to Charles
againstthem, leadingto numerous
to PhilipII, of liberal payments for
and, after his abdication,
to listen to these
relief. Charles's necessities prompted him
but the Inquisition
managed to prevent their success,
propositions,
Even
turned a deaf ear to them.
while Philipof course
itor-gene
Inquisin
his
disfavor
at
court, seems
Valdes, 1558, during
find him promfor we
to have taken a hand in these negotiations,
ising
of

subsidio of

hundred

thousand

ducats from

the Moriscos

of Granada.3

growing worse, and

steadily
becoming dangerouslyexplosive.
the situation in Granada was
active than ever; allthe old oppressions
was
more
The Inquisition
and judicial
officers continued unchecked, and a
by the priests
the progressive
of intense irritation was
spoliation
source
new
the
in
of
name
of their lands by
judges of boundaries" who,
inherited or purchased"
the king,deprivedthem of properties
in short,they were
genie sin lengua y sin fabor friendless and
defenceless.4 Then, in 1563,an old order to presentto the captaingeneralall licences to bear arms was revived under a penalty
of trouble was
of six years of galleys.5In 1565 a fresh source
the lands of the
over
created by extendingthe royal jurisdiction
The

condition of the Moriscos

was

"

"

nobles,in which
1

many

Dormer, Bleda, Marmol

Moriscos,who in

years

pasthad committed

Carvajal,loc. dt.-" Relazioni Venete,

Serie I, Tom.

p. 37.

V,

I, 172 (London, 1874).

Inquisition,
Gachard,Retraite et
de Simancas, Inq.,Lib. 926, fol.80-2, 86-7.
Archivo
Mort de Charles-quint,
II,356.
T. XXI).
*
Mendoza, Guerra de Granada, p. 71 (Bibl.de Autores espafioles,
2

Rule, History of

the

"

Danvila

Collado,Expulsion,p.

172.

[BOOK

MOEISGOS

334

VIII

fees,the notaries and

until there was
arrests,
searched the records and made
justices
Morisco who did not live in dailyfear. Many took to
a
scarce
mitting
the bands of monftes,or outlaws,and comthe mountains,joining

crimes, had

sought asylum. Eager

outrages,wjrilethe
only increased

the

for

taken

measures

for

their suppression

disorder.1

requiredfirmness
in Philip's
court,and
but infatuation prevailed
and conciliation,
seized to aggravateirritationbeyond endurance,
the occasion was
from Trent in 1563,
Guerrero,Archbishop of Granada, in returning
condition

The

had

tarried in

of Granada

Rome, where

was

one

which

he lamented

to Pius IV

that his flock

Pius sent by him an urgent message

Christian onlyin name.
reinforced by orders to his nuncio,the Bishop of Rosto Philip,
was

bled
purport. Guerrero,on reachinghome, assemcouncil in 1565,in which he endeavored to restrain
a provincial
but his chapter
of the Moriscos by the ecclesiastics,
the oppression
appealedfrom the conciliardecrees and the effort was nugatory.

sano,

to the

same

inducingthe bishopsto joinin urging

to prevent the Moriscos
the adoptionof measures
upon the king
their apostasy,and he wrote to Philip,
begging
from concealing
he
him to purifythe land from this filthysect;it could readily,
the
said,be found who were really Christians by prohibiting
He

had

more

success

in

thingsthroughwhich their rites were kept from view.2

Philip referred Guerrero's memorial to a junta presidedover
by Diego de Espinosa,recentlymade President of Castile and
It reportedthat, presuming the
to be inquisitor-general.
soon
Moriscos to be Christians by baptism,they must be compelledto
to abandon the
be so in fact,to which end they must be -required
language,garments and customs of Moors, by revivingthe edict
of 1526, and this was solemnlychargedupon
Philipthereupon consulted privatelyDr.

royalconscience.
Otadui,professorof
Bishop of Avila,who,
the

theologyat Salamanca, and shortlyto be

told the kingthat,if any of the lords of the Moriscos
in his reply,
Moors the more
more
should cite the old Castilian proverb "The
older and truer one, "The
fewer
an
profit"he should remember
enemies the better" and

combine

the two

into "The

more

dead

Carvajal,p. 160. Cabrera, FelipeSegundo, pp. 293, 429 (Madrid,

de Mondejar, pp. 14-16
L'Espagne an xvie et
(Morel-Fatio,
1619). Memoria
xviie Si"cle).-"
Meadoza, p. 71." Pedraza, fol. 239.
2
Cabrera,p. 393." Pedraza,fol. 238.
1

Marmol
"

"

CHAP.

GRANADA

II]

335

the

for there will be fewer enemies"

advice which,
better,
we
told,greatlypleasedthe monarch, in placeof opening his
are
was
convertinghis subjectsinto his
eyes to the policywhich
Moors

"

enemies.1
A

pragmaticawas

speedilyframed,embodying

features of the edict of

1526,and Pedro

de

the most

tating
irri-

Deza, a member

of the

Suprema and of Espinosa'sjunta,was appointedpresident

of the chancellery
of Granada
and sent there,May 4, 1566, under
orders to publishand enforce itwithout listening
to remonstrances.
method
of government that Captain-general
It illustratesPhilip's
Mond6jar, although at the court, was not even apprisedof the
until an order was
conveyed to him through Espinosa
measure,
and be present at the publication.He was
to return to Granada
by inheritance,
captain-general
being grandson to the Tendilla
placed there at the conquest;he had lived in Granada from his
for thirtyyears and was
boyhood, he had been captain-general
thoroughly familiar with the situation. He represented that
destitute of troops and of munitions,
Granada
and he begged
was
be suspendedor that he be furnished with
either .that the measure
forces to suppress the revolt that he foresaw to be inevitable. It
in vain; Espinosacurtlytold him to go to his post and mind
was

and, although the Council of War supported

to guard the coast,
him, he was given only three hundred men
ordered to reside during certain months
where
he was
and to
visit frequently.2
Deza reached Granada,May 25, 1566, where he at once
bled
assemto
the
in
be
readiness
his court and had
pragmaticaprinted
for publication
on
render
January 1, 1567, the anniversaryof the surof the city,as though to create additional exasperation.
in themselves.
After
Its provisions
were
exasperating
sufficiently
in speech
three years the use of Arabic was
absolutelyprohibited,
Moorish garments after one year for silken
and writing;
so were
to be kept open on
and two years for woollen;house doors were
zambras
feast-daysand marriagecelebrations;
Friday afternoons,
forbidden on
were
and leilas,
though not contrary to religion,
the use of henna for staining
to be
was
Fridays and feast-days;
not to be used; all artificial
were
abandoned; Moorish names
his

1
2

own

business

Cabrera, pp. 394,

Memoria

Cabrera,p.

de
465."

466."

Monde*

Pedraza, fol. 238-9.

jar (Morel-Fatio,p. 17). Marmol

Pedraza, fol. 239.

"

Carvajal,p. 167.

"

CHAP.

GEANADA

II]

their souls and

enforce

before them

was

the

337

pragmatica.1

of submission

or

naked

The

alternative

rebellion.

rebellion

might seem, it was not wholly hopeless.

The Moriscos estimated that they could raise a hundred
thousand
fightingmen, lamentably deficient in arms, it is true, but hardy
enured
to privation. They
and
counted
largely on aid from
Barbary, hoping that the rulers there would not miss the opportunity
of striking
at their traditional enemy.
Their
a deadly blow
were
brethren, too, in Valencia, who
equally oppressed, might
reasonably be expected to rise and throw off the Spanish yoke.
be ignorant that the imposing Spanish
They could not, moreover,
in realityexhausted
that its internal strength
monarchy was
All the
in no
corresponded with its external appearance.
way
of the period, in fact,describe
the absence
Venetian
of
envoys
in Spain, the difficulty
of raisingtroops and
military resources
of those who
made
such
the unfamiliaritywith
arms
splendid
It
in
this
trained.
and
soldiers when
was
disciplined
very
year
the
when
that Antonio
Tiepolo,
commenting on
strange neglect
of the Barbary
southern
to
the
the
coast
which
exposed
ravages
corsairs,expresses
apprehension that an invasion from Africa,
supportedby the Moriscos,might expose Spain to the fate which
it experiencedof old.2 It had been bled to exhaustion
by Charles
with
As
the
V and Philip was
so
was
continuing
men,
process.
Desperate

as

"

it with

that
and

Charles

money.

accumulation

of debt

revenues

in

pressingnecessities.

the most

relief. His

no

with
advance, and during the rebellion it was
that moderate
could be furnished for
sums
difficulty

utmost

the

that
1

Marmol

Relazioni

The

an

afforded

World

of the New

consumed

the

left such

Philip,on his accession,seriouslycontemplated repudiation,

he staggered under
an
ever-increasingburden, from which

the treasures
were

had

hopes

Carvajal,p.

of the

167.

"

It

was

most

archy
mon-

aid

were

Pedraza, fol. 241.

that the

prohibitionof using

in Granada

had

shown

buses
arque-

the

scarcity
could
it.'
that
the
of
and
lack
in
men
of the weapon
use
They also
Spain
referred to the difficulty
experiencedin arming the levies and suggested that the
in the

chase, pointing

for the

to external

insurgentsas

Venete, Serie I, T. V, p. 145.

of 1570 petitionedPhilipto repealthe

C6rtes

f ortunate

out

war

cost under
permitted to provide armories at their own
To
these
such restrictions as the king might prescribe.
petitions the royal
of the suspicions entertained
equivocal. It is all highly significant
replieswere

cities and

towns

by the monarch

should

as

de setenta, fol. 6, 12
VOL.

in

to

be

the loyalty of his subjects.

"

(Alcala,1575).
22

Cortes

de

C6rdova

del afio

[BOOK VIII

MORISCOS

338

the Cross
for a united effort of the Crescent against
disappointed,
might have changed the destiny of the Peninsula. As it was,

kept quiet;the Sultan held aloof;

for adventurers to go
the Barbary princesonly gave permission
in small
five or six hundred straggled
volunteers,and some
as
strained
of Spain were
Yet the resources
the sea.
bands across
in subduing the isolated rebellion thus heedlessly
to the utmost

the Moriscos of Valencia

were

provoked.
on
Holy Thursday (April
Arrangements were made for a rising
the designwas
and
poned,
post18, 1568), but the secret was betrayed

this failed to induce

Even
in

Granada

state of

23d, it found

met

the crisiswith

Mond6jar

hurried force of

precautionof placing

and, when

defence

out, December

the

rebellion broke

the

the Christians wholly unprepared.

greatvigorand ability.Raisinga

few thousand

men,

he marched

of the

out

city

January 2, 1569 and, in a difficultwinter campaign amid the

mountain
by the middle of February he had virtually
snows,
crushed resistance. Deza, however, backed by those who thirsted
on

the mind of the king;Mondejar's

poisoned
rapineand plunder,
set aside;
were
agreementsfor the submission of the insurgents
Don John of Austria,
then an inexperienced
Philipsent his half-brother,
youth,to take command, assisted by a council of war,
of which had his own
each member
plan of campaign,while no
to be taken without the approvalof the king. This
action was
had its natural result. The
of making war
method
opera bouffe
for

rebellion revived and grew strongerthan ever, making raids on

in which Don John and
the Vega, almost to the gates of the city,
his council

virtually
beleaguered.

were

detailsof the

The

that it

to say

was

war

do not

that ensued

carried

on

concern

with ferocious

us

here

greed and

were
mere
frequently
Militaryexpeditions
and children were
the men
were
massacred,while women

except

cruelty.

in which
slave-hunts,

in thousands

bidders.
of 1570

Nor

to the auction-block
were

and

were

sold to the

brought
highest

the Moriscos the

of the
complainedbitterly

for the C6rtes

onlysufferers,
of the troops
rapineand excesses

of action.1 Hostilitieswere
their way to the scene
prolonged
until the openingmonths of 1571 and, when resistance was finally
on

Spain was
suppressed,

C6rtes de C6rdova

well-nighexhausted.

del afio de setenta,foL 13

The

pacification

(Alcald,
1575).

CHAP.

GEANADA

II]
ruthless

the

339

as

The

men

the

as

shut up

were

prosecutionof

the

In

advance, it
had been proposed at the court to remove
the whole population
of Northern Spain,and Deza, the evil geniusof
to the mountains
lost sightof the suggestion.1
citation
At his earnest soliGranada, never
it was
commenced
with the Albaycin,as early as June,
No
distinction was
made
1569.
between
and rebels.
loyalists
was

in the churches

greatHospitalReal,a gunshotfrom

war.

and

then

transferred

to

the

where they were

city,
divided into gangs, with their hands tied to ropes like galleyslaves,and were marched off to their destinations under guard.
The women
leftfor a time in their houses,to selltheir effects
were
and follow. Some seven
thousand were thus disposedof,
or eight
and even
the chroniclers are moved
to compassionin describing
the miseryand despair
of those thus torn from their homes without
warning and hurried off to the unknown.
Many died on the road
of despairor of starvation,
of weariness,
slain or robbed
or were

sold

and

as

slaves

by those

set to

protectthem.

Christians of fear,we are told,but it was

and the vacancy
destruction of prosperity
so

much

life and

far

as

Leon

they were
women

to

and

horse, with

and

had

the

been

commissioner

districtafter

to be

taken,some

were

not to be

of fifteen hundred

escort of two

under
children,

one

Philipto Don
of all and desigdeportation
nated

Galicia. Families
in bands

move

see

instructions from

Final

John, October 25, 1570, ordered the

the provinces
to which they were
as

left where

carried out everywhere,as

reduced.

was

deplorableto

industry.2

This policywas
another

It relieved the

who

hundred

made

men,

of them

separated;
with their

foot and

twenty

lists of those under

his

charge,providedthem with food and distributed them in their

carried out.
Don
respectivedestinations. These orders were
November
John writes,
5th, from Guadix to Ruy G6mez, that
from that districthad been large;the last
the number
removed
day and it was the most unfortunate
thingin the world,for there was such a tempest of wind, rain and
would lose her daughteron the road, the
that the mother
snow

party had been

sent off that

and the widow

wife her husband

he

added, that
thing that can

her infant.

the

of
depopulation

be

imagined.

D4p"ches

Marmol

de M. de

It

was

It cannot

be

denied,
kingdom is the most pitiful
than pitiful
in some
more

Fourquevaux, I, 354 (Paris,1896),

Carvajal,
p,

277," Mendoza,

p. 92,

MOBISCOS

340
the

districts where

[Boos;Vin

entrusted with
undisciplined
soldiery,

converted it into pillage,

massacre

task

the

and the enslavement

of

of the pledges
and children.1 Such was the outcome
but the
given eighty years before,by Ferdinand and Isabella,

the

women

obiect of

clearingGranada

of its Morisco

was
population

ably
measur-

In an auto de fe celebrated there,m 1593,

accomplished.
delinquentsconvicted of Judaism and
there appearedeighty-one
only one chargedwith Mahometanism.2

sufferingsof the exiles did not end with deportation.

Leonardo Donate, the Venetian envoy, who was an eye-witness,
which,
throughmiseries and afflictions,
tellsus that many
perished
The

in fact

was

inevitableunder the conditions.3 Their distabution

entrusted to

was

Concejo"tePoUadones,
special

and

elaborate

an

issued October 6, 1572, specified

sections,
edict in twenty-three
to exist. These
under which they were
permitted
the regulations
Christians,
scattered them among
kept them under close and perpetual
and reduced them almost
surveillance,
predialserfs,bound to the soil. No weapons
save

were

status of

permitted,
provided

punishmentswere
Children were
of the prescriptions.
in Christian families,
and
possible,

knife,and
pointless

for the enforcement

to the

savage

broughtup, as far as
be taught reading,writingand Christian doctrine.
declared

to be
were

The

to

prag-

force,with added penalties

for the use of Arabic; any one writingor speaking
it,even in_his
for a firstoffence,
own
thirty
days'prisonin chains,
house,incurred,
fro a second double,for a third a hundred lashes and four years
matica

of

of 1566

was

of
The severity
galleys.4

to be in

this latter provision

shocked

even

town-councilof Cdrdova, which had shown itselfby no means

favorable to the exiles. It represented
to the alcalde that God

the

alone could enable them

to

as
ignorant,especially

the

speak a languageof which they were

were
constantlyarresting
alguaziles

them, and itbeggedthat action should be suspended

punishing
for theirinstruction,
untilschools could be organized
but the alcalde
that he had no choice and must execute the edict.8
replied
exiles suddenly cast adrift,
In spiteof these restrictionson
in strange places,
their indomitable industryand thrift
penniless
and

Mannol

Bibl. national,MSS., G. 50, fol. 240.

Relazioni Venete, Serie I, T. VI, p. 407.
Nueva
Recop., Lib. Tin, Tit. ii,ley 22.

8
*

Carvajal,pp. 341, 364." Col.

Janer, p. 256.

de

Doeumentos, X3CVHI, 156.

CHAP.

THE

II]
carved

soon

out

careers

GEANADAN

EXILES

341

which aroused the envious

of the
hostility
thrown.
Cervantes,

indolent

whom
populations
they were
among
de los perros, stigmatizing
in his Colloquio
them as a slow fever
which slew as certainly
as a violent one, givesexpression
to the
w
ith
which
the
feelings
Spaniard,whose only ambition was a
in the army, the Church or the service of the State,
and
position
who
looked upon the producerand grudged him
a consumer,
was
the product of his toil.1 Already,in 1573, the C6rtes took the
alarm and petitioned
Philipthat they should not be allowed to
act as architects or builders,
or to hold publicoffice or
judicial
In truth,only ten years after the exile,
official
positions,2
an
report complainsthat the numbers of the deportedMoriscos are
because none
and they are
increasing,
or enter religion,
go to war
so
hard-workingthat,after coming to Castile ten years before,
without owning a handsbreadth
of land,they are now
well off and
are
rich,so that,if it continues at the same rate for twenty
many
This grievanceonly
years, the natives will be their servants.
increased with time.
In 1587, Martin de Salvatierra,
Bishop of
Segorbe,in an enumeration of the evil deeds of the Moriscos,

includes the fact that the exiles from Granada

farmers of the
in
worth

than

Salamanca
some

hundred
and

that there

thousand

other

become
already

cash
depositing
Castile,

place of givingbondsmen;

more

devise

in

royalrevenues

had

were

ducats in

as

rity
secu-

individuals

lajara,
Pastrana,Guada-

placesand that,if the king did

remedy, they would

soon

greatlysurpass

not

the Old

This

jealousyfound
to
officialutterance
in the C6rtes of 1592, which represented
Philipthat previousones had asked him to remedy the evils of
the Granadan
exiles scattered through Castile. Those evils were
they had obtained possessionof trade,
constantlyincreasing;
and were
becoming so rich and powerfulthat they controlled the
tribunals and lived openly in disregard
secular and ecclesiastical
edict orderingall magisof religion.The response to this was
an
trates
of
t
he
restrictive
to enforce rigidly
legislation 1572.4 This
effected nothingfor,in 1595,the Venetian envoy describesthem
Christians in both numbers

1
2
8
4

and

wealth.3

de Cervantes,p. 242 (Ed. Ribadeneyra).

del afio de setenta y tres,Petition
Cortes de Madrid
Obras

Janer, p. 272." Boronat, I, 626.

Janer, p. 270." Bleda,Cor6nica,p.

ley 24.

905."

Nueva

96

(Alcala*,
1575).

Recop., Lib.

vin,

Tit.

ii,

VIII

[BOOK

MOBISCOS

342

wealth,as they never

to trade.
and devoted themselves exclusively
to the wars
went
Archbishop Ribera bears the same testimony;they were
In 1602
and as they spent little on food or
hard-working and thrifty,
in numbers
constantlyincreasing

as

and

Old
they worked for what would not support an
clothing,
by employersand consumers;
preferred
so that they were
Christian,
well as
as
arts and commerce,
they monopolizedthe mechanic

drink

or

dailylabor.3
a

were

The

envious

factor not

the

unimportantamong

expulsion.

the

sion
expres-

leadingto

causes

All the exiles however

1577, there

About

found

thus

which
prejudices

arose

not

were

thus

of
complaints

laborious.
peacefully
or

seven

eightbands

of

terrorized the
by robbery and murder and
also a noted centre
There was
districtsin which they operated.
by Moriscos.
of lawlessness in Hornachos, near Badajos,populated
who

Moriscos

lived

from Philipthe privilege

thirtythousand ducats they bought
and
of bearingarms; they had a regularorganization a treasury

For

for the coinage of

employing thirteen operatives
briberyof the courts,they
counterfeitmoney, while,by judicious
their criminals when
caught. In 1586 the Llerena
protected
that it was obliged
tribunal made a raid on them with such success
but the effect of this
its prisoners,
to hire houses to accommodate
mint

and

was

temporary and, in October

1608, an

alcalde of the court,

and punish.
investigate
and Madera
noted for unsparingjustice,
Alcaldes of the court were
His inquestresulted in finding
did not belie this reputation.
he hanged ten members
dead bodies in the vicinity;
eighty-three

L6pez Madera, was

Gregorio

sent there to

of the town-council and its

executioner;he

sent

hundred

and

scourgeda largenumber, and

seventy men to the galleys,
for the short interval before it was
depopulated
place peaceful
by the expulsion.3
leftthe

In the
Moriscos

kingdoms
was

differentfrom

vassals of the

of the

of

crown

that

nobles,settled

on

in Castile.
lands

Relazioni Venete, Serie I, T. V, p. 451,

Ximenez, Vida

Janer, p. 272."

the

of
position

They

of which

Kibera, p. 379.
Boronat, I, 318." Bleda, Cor6nica, p.

were

the

mostly

they held

the

de

Xa^ierr, Emulsion

Relaciones, p. 355.

Aragon

de los

Guadalajara
foL 122-3 (Pamplona, 1613)." Cabrera,
Moriscos,
921."

CHAP.

II]

ARAGON

dommium

343

while their lords owned

utile,

directum.

the dommium

For these lands

they paidtribute in money, in kind,or in service,

told that these imposts amounted
and we
are
to the double of
what could be exacted from Christians.1 It is easy to appreciate
the old proverb "The
Moors the more
and also
more
profits,"
that the nobles were
interested in protecting
their vassals
vitally
from external interference. Their ability
to do this was
largely
the
with which the ancient fueros
owing to
sturdyindependence
and

were
privileges

Alarm

was

obtained from

maintained.

taken

earlyfor,in 1495,

Ferdinand

the

Cortes

fuero that he would

never

of Tortosa

expel or

to the

expulsionof the Moors of Catalonia and, after the

in Castile,
the C6rtes of Barcelona,
in 1503,represented
occurrences
the destruction which it would cause
and obtained a repetition
of
the pledge.2At the C6rtes of Monzon, in 1510, he renewed
this,
consent

with the addition that he would

make

no

attempt to

convert

them

impediment in the way of their free

intercourse with Christians and, to the observance of this,
he took
of which was
exacted of Charles V,
a solemn
oath,a repetition
by force,nor

throw

any

bis accession in 1518.3

on

Under

these

both the Moors

guarantees,

might well imagine themselves secure.

of the Inquisition
As we
have seen, the jurisdiction
did not
offences
extend to the unbaptized,
no
so long as they committed
its
againstreligion.It had littlescruplehowever in disregarding
limitations and, in Valencia as earlyas 1497, it undertook to prevent
and
officials
sent
Moorish
Serra
of
costume
t
o
the wearing
for disobedience. They were
not recogto arrest some
women
nized
while the women
and were
were
maltreated,
conveyed away.
ing
We have seen how the tribunal arbitrarily
avenged itselfby arrestand their lords

all residents of Serra who

that,when

appealwas

made

chanced
to

to

to Valencia

come

Ferdinand,he expressedhis

and

pleasure
dis-

moderation in future
yet the leaders
greater
in the resistance at Serra were
imprisonedfor three years and
suffered confiscation and banishment,leadingto considerable
the harshin which Ferdinand
soughtto mitigate
correspondence
and ordered

"

Sandoval, Lib. xii, " xxviii.

Danvila y Collado,pp. 75, 76. Constitutions y altres Drets de Cathalunya,
p. 34 (Barcelona,1688).
s Ferndndez
y Gonzalez, p. 441." Bleda, Cor6nica,p. 641; Ejusd. Defensio
*

Fidei,p.

"

156,

CHAP.

II]

VALENCIA

345

sought baptism in 1499; in the,districtof

in

1493, a mosque
and, in 1502, the
Wholesale

Albarracin,
converted into the church of the Trinity
was
whole
Christianity.1
populationembraced

conversions such

and, when

Teruel and

as

these

were

apt

to furnish

sliders
back-

the

undertook to punish those of

Inquisition
Teruel and Albarracin,
Charles V interposed,
in 1519; he understood,
he said,that many
of the children of the Converses,who
desired to return to the faith,
had lapsed,
but were deterred through
fear of punishment,wherefore he grantedthem a term of grace
for a year, during which they could come
forward and confess
without incurring
and similar concessions were
made
confiscation,
in Tortosa

other cities.2

and

which
Valencia,
was

also the

had the

scene

and
largest

of considerable

densest Moorish
and
proselyting

population,
vigorous
Abdallah,

of

influential alfaqui,
action. An
named
inquisitorial
took orders as a priest,
under the titleof Maestro
was
converted,
Mossen Andres,and devoted himself to winningover his brethren.
He wrote a work
the Koran
controverting
chapter by chapter,
and
little
The
which was
circulated.3
of Manices
town
printed
must have been converted almost in mass, for we happen to have
uttered in the church there,
of Valencia,
a sentence
by the inquisitors
then presApril8, 1519,on two hundred and thirty
Moriscos,
ent,
in under an Edict of Grace,confessing
who had come
and
abjuringthe errors into which they had relapsed. They were
without confiscation,
and the
received to reconciliation,
apparently
prescribedwere
purely spiritual,
althoughin addition
penances
they were subjectedto the customary severe disabilities. There
work for,in the list
must have been not a littlecruel preliminary
less than thirty-two
described
of these penitents,
women
are
no
who had been burnt/
It is
the wives or daughtersof men
as
1

Archive

Simancas, Inq., Lib.

de

1895, p. 10).
(Boletin,
2
Ibidem, Lib. 14, fol. 80;
3

This

work

Segorbe,in 1587
laboringamong
priests
Archivo

In the

hist,

nacional,Inq. de

Appendix will be found

been

almost

with

them,

but

Moriscos,as

1455

to 1592.

Boronat, I, 614.
Valencia,Leg. 98.
"

table of all the

we

shall see,

were

cases

of

heresy tried by

la the fifteenth century the

Then
exclusivelyJudaizers.
sixth and
the blanks in the fifth,

have

1502

940, fol. 69, 131, 185.

the Moriscos.

Valencia tribunal from

the

Mtifioz,Diario Turolense,ann.

Bishop
subsequentlyprohibited.Nevertheless Salvatierra,
for
II
to
the benefit of
asked
Philip
permit its reprinting

was

of

Lib.

1."

exempted

in time
seventh

from

the

Moriscos

the

must
culprits

mingled
decades,during which
were

show
Inquisition,

that

[BOOK

MOEISCOS

346
for

easy

us

now

to

VIII

powerfulan impedimentwas

how
recognize

preservingthe purityof the faith by obstructing

for the Mudejareswho refused baptism
the wished-for conversion,
not subjectto a
that they were
themselves
could congratulate
to
visited with such severitythe adherence
which
jurisdiction

this method

of

second nature.
thus impeded received an

ancestral habits that had become

The

missionary work

the insurrection known

impulsefrom

as

unlocked

the Germania

or

for

hood,
Brother-

suddenly broke out in 1520. This was a revolt

of the nobles which, in its
the oppression
of the peopleagainstof Charles and of his reprethe approval
ul beginning,
sentative,
won
peacef
into
civil
It speedily
developed
Cardinal Adrian.
war,
which

the nobles had

in which
formed

the aid of their Moorish

largeportionof the

forces with which

vassals;these

the Duke

of Segorbe

Oropesa and Almenara, earlyin July,1521,

under the Viceroy
and they constituted a third of the infantry,
Mendoza, in the disastrous rout of Gandia,July 25. To cripple
conceived the idea of
the nobles,the leaders of the Germania
baptizingby force the Moors, thus givingthem the status of
from
them
Christians and releasing
vassalage.1Urgelles,the
at the siegeof Jdtiva,which
chief captain,mortallywounded
surrendered July 14th,was
alreadybusilyengaged in compelling
the baptism of the Moors in the placesunder his control;and his
who won
the decisive victoryof Gandfa,
successor, Vicente Peris,
in
as to proceedings
policy. Full particulars
adopted the same
obtained by a commission,
the different towns and villages
were
formed in 1524 to ascertain whether the baptismswere
voluntary
evidence
in its report shows that bands of
or
coerced,and the
between Valencia and Oliva,
Agermanados traversed the territory
the Moors and offering
them the alternative of baptism
terrorizing
A few homicides punctuatedtheir commands, and the
or death.
helplessinfidels flocked to the baptismal font for safety. Of
there was
no
course
what
pretenceof instruction or of ascertaining
of the religion
the neophytes knew
thus imposed upon
them;
the victories of

won

Judaizers

had

There

is also

virtuallydisappeared,except those punished in 1544, 1545

1546, for retraction of confession (SeeVol. II,p. 584).
an

imperfecttable

of these tables will show

1

Danvila

Angler, Lib.

the varying

Collado,La

xxxni,

of the

Germanfa

Epp. 659-61.

cases

activityof
de

of relaxation.
the

An

examination

of the
Inquisition

Valencia,pp. 146, 471.

and

"

period.
Pet. Mart.

CHAP.

VALENCIA

II]

347

them in batches and squadsand,

baptizedby sprinkling
when holy water was not at hand, that from running streams was
employed. The only redeeming feature in the evidence is the
frequent allusion to friendlyrelations between Christians and
and to the refuge and protection
Moors
willingly
given to the
terrified victims,
showing how the antagonism of race was gradually
and how its extinction might have been hopefully
subsiding
if matters had been allowed to developnaturally.1
anticipated
Attempts were also made to convert the mosques into churches.
In a few placesthey were
others only a
consecrated;in some
of Christ or the Virginwas
hung up, or attached to
paper picture
the door.
Occasionallydivine service was
performed, which

they were

the

with

neophytes attended

adhesion

to their

continued.

new

In

more

faith lasted

or

less

but
regularity,

only while

the

their

impressionof

placesthey felt safe to recur to their

in three weeks, in others they remained
old religion
nominally
Christian for a few months, but everywhere,as soon
as they felt
their Moslem
the danger to be passed,they resumed
rites and
for the most part,
worshippedin their mosques as before. In this,
who assured them that the
they were
encouragedby their lords,
coercive baptism was
and that they were
free to revert
invalid,
to their faith. Others
more
prudentlyseized the opportunity
estimated that no less than five
to escape to Africa,and it was
left vacant,inferring
thousand
houses were
an
emigrationof some
souls.2
thousand
twenty-five
The suppression
of the Germania, in 1522, enabled the Inquisition
action againstthose who had been brought
to commence
under its jurisdiction
Churrucca of Valencia
by baptism. Inquisitor
of the sacrament,
entertained no scrupleas to the validity
in the fact that the hurried proceedings
but there was
difficulty
had precludedthe making of records that would identify
uals.
individlists he demanded
When
had made
the officiating
priests
their surrender and, towards the close of 1523, he was
busy in
Some fragmentarydocuments
obtainingevidence from eye-witnesses.
and that he was
that he was
show
successful,
partially
terror

but there
he could prove to be apostates,
to treat them harshly. It would appear, indeed,
disposition

those
prosecuting
was

no

MS.

some

Informacio

whom

super

Conversione

Sarracenorum.

"

I possess

document.
2

MS,

Informacio.

"

Danvila

Collado,Germanla,

p. 184.

the

original

[BOOK VIII

MORISCOS

348
that Cardinal Adrian

adopted a policyof

toleration

which, after

his elevation to the papacy, enabled the advocates of the Moriscos

to claim that they had the benefit of a dispensation.1

perplexing.In Castile,enforced
all
under threat of expulsion;
conversion had been universal,
constructivelybaptizedand could legallybe held to the
were
had occupied
In Valencia,however, the Germania
consequences.
situation,in fact,was

The

and
portionof the territory,
executed
and so irregularly
partial,

but

even

there the work

had been

that identificationwas

sible
impos-

the pressure was removed

under
was
belief, and the sovereign
allhad reverted to their pristine
compulsion should be employed. The
solemn oath that no
a
in isolatedcases.

save

simplestsolution
convert

as

soon

completethe work and to

the assent
after securing
population,

that offered

the whole Moorish

of the nobles

As

to

was

should
by concedingthat their rights
should not be

and that converts

Missionaries were

not be

affected,

cile.2
to change their domipermitted

try the effect of persuasion,

Guevara.
de
Fray Antonio

therefore sent to

whom
was
prominent among
In a letter of May 22, 1524, he says that for three years he had
labored at the task, doing nothingbut disputein the aljamas,
preach in the Morerlas and baptizein the houses.8 Well-meant
with itsmerits;
not commensurate
itssuccess
this effort,
was
as was
the question
refused to be solved,and the claims of the Inquisition
the so-called apostates inevitably
to exercise jurisdiction
over
provoked discussion as to the validityof enforced baptism,the
of
degree of coercion by the Agermanados, and the sufficiency
the rite so irregularly
performed.
We

have

above

seen

(Vol.I,p. 41) that,when the Goths coerced

subjectsto baptism,the fourth Council of Toledo

enunciated the principle
tism
that,while the act was wrong, the bapindelibleand the baptizedmust be forced to remain in
was
law.
which became
embodied in the canon
the Church,a principle
Stillthere was a question
as to the degreeof coercion and Boniface
lute,
VIII,while assuming to exempt those whose coercion was absotheir Jewish

took

to

care

MS. Informacio.

define that the fear of death

Danvila,Germania,pp. 473,474.
Valencia,Leg. 299, fol. 400. Loazes,Tractatus
1525)
Regni Valentiae Conversione,col. 12 (Valentise,

Inq.de

"

"

Danvila

Guevara,Bpistolasfamiliares,
pp.

Collado,
Germania, p.

489.

639-42.

"

Archive
super

not

was

such

hist, nacional,

nova

paganomm

CHAP.

VALENCIA

H]

349

coercion.1 In the refinement of scholastic theology,

two kinds of
coercion were
and
distinguishedconditional or interpretative
"

absolute;it

decided

was

and absolute

coercion

that

coerced

reduced

volition is stillvolition,

to the

that,if a
proposition
tied hand and foot were baptizedwhile uttering
man
the
protests,
rite would be invalid.2 Such was
the received practice
of the
of high repute denied the
Church, although a few schoolmen
of the sacrament
under coercion,
rather as an academical
validity
for the Church
and compels the
consent
question,
assumes
so-called convert to the observance of the faith imposed on him.3
It

was

inevitable that the converts

was

of the Germanfa

to be

were

held to their

Christians. Charles V had already

as
responsibilities
resolved on his policyand had appliedto Clement VII to be
released from his oath not to impose Christianity
the Moors,
on
of Inquisitor
but the proceedings
Churrueea were exciting
murmurs,
of preliminaryinvestigation
and a decent show
advisable.
was
Charles at firstordered this to be done by the Governor of Valencia
and some
with the inquisitors
and jurists,
in conjunction
theologians
authoritative body to justify
the
not a sufficiently
but this was
in contemplation
and Manrique suggested,
measures
far-reaching
January 23, 1524, the formation of a junta-under his presidency,
in view of the
loss

accruingto them from

this was
merely to save

That
1
2

Cap. 13

S. Th.

Sexto, Lib.

in

Hostiensis

Aurese

in IV

appearances

v, Tit. ii.
Lib. m, de

Summse

Aquinat. Summse

Bonaventura

nobles and gentry,who dreaded the

the Christianization of their vassals.4

of the
opposition

P. m,

is evident from

the fact

Baptismo " 11; Lib.

v, de Judseis " 5.
Ixix,Art. 9 ad 1." S.
"

Q. Ixviii,
Art, 8 ad 4; Q.
1, art. 2, Q. 1. S. Antoninse

Sentt. Dist. rv, P.

"

Summse

P. n, Tit. xii,Cap. 2, " 1. Summa

Sylvestrinas. v. Baptismus iv, " 10.
3 Albertus
Dist.
IV
in
Sentt.,
Magnus
vi, Art. 10." Duns Scotus in IV
"

Sentt.

Dist. iv, Q. 4, 5. Summa

Angelicas. v. Baptismusvi, "" 6, 12.
with which, in this matter, the Church
The facility
adapted its theories
"

accomplishedfacts is well

exhibited
After

are

ita est necessaria

autem

non

eodem

modo

and
sunt

sorrow

burdened

est ut maneat

with the

in fide Christiana."

de Simancas,

Thus

of baptism while
responsibilities

benefits.

Archive

Intentio

"

prerequisites
he

namque

sit baptismus. Unde

non
virtualis,
sit
vere
baptizatus;si tamen interius
baptizatur,non
est et recepitcharacterem,sed
et vi,tune baptizatus

invitus
qui renuens
consensit,quamvis metu
non
gratiam; cogendusque

for sins committed

necessaria.

Con-

baptism,three

ut si desit actualis vel

fit ut

was

that, in adult
explaining

"

proceeds "Hsec

convert

by Cardinal Toletus (Summse Casuum

xxi).
intention,faith
necessary

scientise Lib. n, cap.

to

Inq.,Sala 40, Lib. 4, fol.97.

the coerced

denied

its

itual
spir-

[BOOK

MO"ISCOS

350

VIII

bling
on
February llth,gave orders for the assemCharles,
day to Germaine,Viceof the junta,he wrote on the same
and vicar-general
the inquisitors
queen of Valencia,instructing
Moriscos.1 Nine days later,
to take due action with the apostate

that,when

Manrique issued

commission

Churrucca

to

and

his

assessor

cumstanc
into all the cirAndr""s Palacio to make a completeinvestigation
of the Moriscos"
of the conversion and backsliding
a

selection which

indicates the

foregone conclusion,as they had

all the questionsinvolved.

themselves on
other commissioners" Martin Sanchez and Juan de Bas"
added to them when, in November, they started on their

already committed
Two
were

work, and meanwhile

their

on

The

the

takingtestimony

account.2

own

lasted only from

investigation

the commission moved from

A
between Alcira and Denia.
as

on
interrogated

were

been

had
inquisitors

Manrique

and

submission

to

their evidence

baptism was

November

placeto

4th to the

hundred
series of

nesses
wittwenty-eight
drawn
questions
up by
and

established beyond doubt

under

24th,

place,in the littledistrict

the influence of mortal

that
terror.

simply of the testimony,

supplementedby a
down by the secretary,but it was
as taken
learned argument in scholastic form by the fiscalof the tribunal,
The

report of the commission

Loazes, the future Archbishop of Valencia.

Fernando
he made

no

but
punished,
the way

the effect

in which

In this

lence
voluntary. The vio-

pretencethat the baptism was

he admitted to be

was

consisted

crime,for which the actors should be

was
good and should be maintained;it
a

God

evokes

good out

of evil.

The

Moors

and from slavery

to the demon
perdition
and,
converts
must
t
he
be
this was
a publicbenefit,
compelledto
as
and those who upheldthem in apostasy
adhere to the Catholic faith,
defenders of heresy. All
be prosecutedas fautors and
must
there is danger of infecting
the faith,
doctors agree that,when
the princecan
compel uniformityor can expelthe unbelievers.3
It was
mitted,
an
imposing assemblageto which the report was subof a reunion of the Councils of Castile,
of Aragon,
consisting
Orders and of Indies,
of Military
of the Inquisition,
togetherwith
the
and it was under
of Manrique.
eminent theologians,
presidency
had been saved from

Danvila y

MS.

Loazes,Traetatus, col 1, 17, 45, 60-1, 62.

Collado,
Expulsion,
p.

88.

Informacio.

CHAP.

VALENCIA

II]

evidentlywas
twenty-two days,and
There

35!

unanimity,for the discussion occupied

of the theologians,
with Jaime Benet,
some
eminent
canonist of Spain at their head, denied the
the most
of the baptisms. Still,
the inevitable conclusion was that,
validity
the neophytes had made
resistance or complaint,they
as
no
adhere to the faith,
must
On March
or
willingly
unwillingly.
attended a meeting,in which
23, 1525, the emperor
Manrique
announced
to him the decision,
which he confirmed and ordered

measures

to be taken

not

for its enforcement.

In pursuance

of this

the care
royal c^dula on April4th, after reciting
bestowed on
the question,and the unanimous
conclusion reached,declared
the baptizedMoors to be Christians,
and ordered their children to
while churches in which mass
be baptized,
had been celebrated
not to be used as mosques.1
were
It would be difficultto exaggeratethe importanceof this action
for allthat followed was
the fate of the Moriscos,
itsnecessary
on
Without
loss of time an
imposing inquisitorial
consequence.
commission
was
organized,with Caspar de Avalos, Bishop of
Guadix, at its head, and a retinue of counsellors and familiars.
On May 10th they arrived at Valencia and, on Sunday the 14th,
ordered the publication
of the royalcedula,
the bishopin a sermon
with an edict grantingthirtydays within which apostatescould
for lifeand property,after which they would
return with security
a

forfeitboth.2

It could

have

scarce

been intended to execute

this

to have been made

to do
threat,and no attempt seems
The apostateswere
not easilydistinguishable
their
so.
among
whom
they constituted perhaps ten
unbaptizedbrethren,among
endeavored to identify
them,
per cent.,but the commissioners

atrocious

and confirming
all
through the land,making out lists,
travelling
whom
as
a
the
preliminaryto prosecuting
they could discover,
backsliders.3 Their numbers
suggestedmoderation,for which
papal authoritywas requisite.It was obtained,for a brief of
Clement VII, June 16, 1525, recites that Charles had appliedto
called for gentlehim for a remedy; the multitude of delinquents
ness
to be prosecuted with a
and clemency,wherefore they were

Sayas, Afiales de Aragon, cap. cxxvii.

Sandoval, Lib. xin, " xxviiL
90-1.
Danvila y Collado,Expulsion, pp.
2
Sandoval, Sayas, loc. tit. Bleda, Cor6nica,p. 647.
3
Fonseca, Giusto Scacciamento,p. 11 (Roma, 1611). Bleda,loc.cti. Ejusd.
Defensio Fidei,p. 123.
1

"

"

"

"

"

CHAP.

II]

VALENCIA

Valencia,Catalonia

and

353

Aragon, Charles

had

many

Moorish

with whom
the faithful could not hold intercourse without
subjects,
danger,and who served as spiesfor their brethren in Africa. He
therefore exhorted

to order the

to preach to them
inquisitors
he was
to designate
after which
and, in case of obstinacy,
a term
under pain of perpetualslavery,to be
they should be expelled,
The tithes,
enforced.
which they had never
rigorously
paid,should
in future accrue
in recompense
to their lords,
for the damage caused
under condition that the lords should supply
by the expulsion,
the churches with what
for divine service,while
was
requisite
of the mosques
the revenues
should provideendowments
for benefices.
The fateful brief concluded by formallyreleasing
Charles
from his oath of 1518,absolving
him from all penalties
and censures
for perjury,and grantinghim whatever
was
dispensation
for
due
the
of
execution
the foregoing,
and it further
necessary
conferred on the inquisitors
ample facultiesto suppress opposition,
all apostolical
constitutions and all laws of the
notwithstanding
was

land.1

Charles

was

of laws.

and

thus set free to work

Yet

his

will,in despiteof

oaths

for

eighteenmonths he held the brief without

using it,waitingperhaps for the settlement of the questionof

in Valencia to subside. At length,

baptism and for the agitation
ing
on
September 13, 1525,he addressed lettersto the nobles,informthem

of his irrevocable

resolve not to allow

infidelto dwell in his dominions

except

as

Moor

or

an

slave;he

recognized
consequently

and
expulsionwould affect their interests,
he urged them to go to their estates and co-operatewith the commissioners
in procuringthe conversion and instruction of their
brief letter to the Moors,
vassals. Accompanying this was
a
informingthem of the determination to which he had been inspired
by Almighty God that His law should prevailthroughout the

that

wherefore he exhorted
land, and of his desire for their salvation,
and commanded
them
to submit to baptism;if they did so, they
should have the libertiesof Christians and good treatment; if they
The next day a proclamation
refused,he would find other means.
addressed to the Moors, emphatically
repeatingthese
was
version
promises,and forbiddingany interference with coninsults to converts, under penalty of five thousand

threats and
or

Archivo

de

Simancas, Inq.,Lib. 927,

463-66.
VOL.

23

fol. 285."

Bledse Pefensio Fidei,pp.

[Boos

MORISCOS

354

the

florins and

The

royalwrath.

day

same

Queen

letter to

VIII

the Moriscos of
of depriving
admitted the futility
Germaine tacitly
substitute. He had learned,
without providing
a
their religion

said,that

to

giveinstruction
they

that

see

converts there

of the
villages

in many

he

adding
instructed and ministered to, thriftily

were

must

be taken to

care
that,in lands of royaljurisdiction,
churches to the crown.1
the patronage of the new

reserve

lost
with full powers as inquisitors,
resolve of
in announcing to the Moors the irrevocable
with a term of grace of eightdays,after which they

armed
commissioners,

The

time

no

priests

and he ordered her to

to celebrate mass,

or

no

were

the emperor,

the

execute

would

decrees.

aljamas deputed
frightened

The

the revocation

of the

of Charles
twelve alfaqufesto supplicate
and they
edict. Queen Germaine grantedthem a safe-conduct,
thousand ducats
with them fifty
at court,carrying

were'received

at the moment

persons of importanceand, although

propitiate
shall see, they
we
as
nothing,eventually,
they accomplished
grantedonly to be
secured a Concordia which, as usual,was
to

violated.2

Meanwhile,

with instructions to
inquisitors,

to the

At the

siastical,
secular and eccletime he notified the authorities,
constiand tutions
that it invalidated all the fueros,privileges
sition
to which he had sworn; that he had instructed the Inqui-

store for

Having
them,

on

made

thus

November

December

31st, and those

31, 1526.

As in
but

Cuenca

Danvila

to

25th he issued
were

to be

the fate in

generaldecree of
out of Spain by

Aragon by January
version,
exemptionpromisedfor con-

of Catalonia and

of expain the way

triation
the real intent of the edict. The Valencians were

and
register

obtain

on
passportsat Sieteaguas,

then

94-8."

Collado,pp.

Ferndndez

Gonzalez,p.

443."

cxxvii.
,

Sayas, loc. cit. Danvila,pp. 97-8.

de Simancas,Inq.,Lib. 927, fol.285." Boronat,I7 403.
Archivo
"

the

plod their weary way to Coruna, where

embark, under pain of confiscationand slavery,while

and
frontier,

they were

understand

1502,there was no
the obstacles thrown
similarly

showed
ordered to

the Moors

of Valencia

those

expulsion.All

pain of
might
whatever the inquisitors

under
that the local magistrates,

it,and

must execute
thousand florins,

decree.3

enforce

the

same

to enforce
ten

papal brief
it without delay.

3d, Charles enclosed

November

on

Sayas, cap.

CHAP.

VALENCIA

II]

the nobles
for each

threatened with

were

355

fine of five thousand

ducats

whom

time was
they might retain. At the same
under pain of excommunication,
a papal brief ordering,
published
all Christians to aid in enforcing
the imperialdecrees,and all
Moors to listen without replyingto the teachingsof the Gospel.
which ordered that all Moors must be baptized
Stillanother edict,
8th, or be preparedto leave the country, showed
by December
that conversion would
relieve from exile. Then
by implication
the Inquisition
notice that it was
preparedto act, and it
gave
publishedtremendous
censures, with a penalty of a thousand
those who obstinately
to aid it against
florins,
againstall failing
resisted the sweetness
of the gospeland the benignantplans of
the emperor.1
When
the alfaquies
reportedthe failure of their mission,the
great bulk of the Valencian Moors submitted to baptism. Fray
Antonio
de Guevara, who was
foremost in the work, boasts that
he baptizedtwenty thousand families,
but the Moriscos subsequently
asserted that this wholesale conversion was accomplished
them in pens and scattering
water over
by corraling
them, when
one

seek to hide themselves

would

some

and

others would

shout "No

it,they said,because
their alfaquies
assured them that deceit was permissible,
and that
which they were
they need not believe the religion
compelledto
took refugein Benaguacil
profess.2Many hid themselves;some
water

me!"

touched

has

endured

They

Llorente,Anales,n, 296. Danvila, p. 99.

Boronat asserts (1,157) that the greaterpart of the Valencian Moors embarked
to France
at Coruna, while largenumbers, from the rest of Spain,went
by way
and
of Biscay, but he cites no
authority and the documents
contemporary

Sayas,cap.

writers

show

are

cxxvii.

"

"

silent as to any

that,except those

populationwas

such exodus, while statistics and the

who

of events

course

the whole Moorish

escapedto Barbary, practically

retained.

Archive de Simancas,
Inq.de Valencia,
Guevara, Epistolasfamiliares,
p. 543.
Leg. 205, fol. 3.
Bleda (DefensioFidei,p. 125) says that Guevara
exaggeratesand that in 1573
there were
in Valencia only 19,801Morisco families.
2

"

It is not

easy

list of the whole

to

determine

the Morisco

kingdom, dated

1520

populationof

(but which

Padre

Valencia.

Boronat

detailed

thinks

was

corrected up to 1550) gives a total of 52,689hearths of Old Christians and 31,815

de Reinosso,Valencian Inquisitor,
of New
mated
estiChristians. In 1582 Ximenez

19,000 to 20,000 families. About 1601,

460 Morisco
that there were
Feliciano de Figueroa,Bishop of Segorbe,assumed
all.
souls
in
and
hearths
120,000
Boronat, I,
settlements,comprising 28,000
431.
596;
II,
428-42,
the Morisco

populationat

from

"

[BOOK VIII

MORISCOS

which

27th,after

surrendered,March

Sierra de

Espadan

was

the

of

scene

but the
siege,
formidable revolt,

five weeks'

more

until September 19th,with considerable

slaughter.Others againbetook themselves to the Sieffrade Bernia,

which

was

subdued

not

and Conf ridas,but these mostly succeeded in escaping

and
the
Valencia converted
pacified;
Thus was
to Africa.
of
Moriscos,we as may now call them, were disarmed,the pulpits

to Guadalete

were
burnt, and
torn down, their Korans
were
alfaquies
orders were
given to instruct them competentlyin the faith
reissued and never
executed.1
shall see, perpetually
as we
orders,
of the future had
premonitions
In Aragon, before the edicts,
aroused much agitation.The Moors ceased to labor in the fields
The
and shops, causinggreat anxiety as to impending famine.
Diputados were called upon to act and, while preparingto send
they gave to the Count of Ribagorza,who
envoys to Charles,

their

"

chanced

to be at the

court,a memorial
oaths taken

solemn

appealedto the
that
represented

addressed to him.

by him

and

This

Ferdinand;it

of the land
industry and prosperity
rested upon the Moors, who raised the harvests and produced the
the whole

manufactures, while the incomes

of churches

and

convents, of

orphans,were derived
the slaves of
or loans.
They were practically
from their censos
obedient,and they had
they were
their feudal lords,to whom
to perverta Christian or cause
been known
scandal;they
never
could
that
hold no interthe
from
course
they
lived at a distance
coast,so
with Barbary, and the law punishedby enslavement all
attempts to leave the kingdom; their expulsionwould cause ruin
benefices and

the

gentry,of

widows

and

while,if converted,they would be enfranchised and enabled to go

As they had ceased to sow their lands,immediate relief
abroad.
of their fears

necessary

was

to

avert

famine.

Ribagorza's

but Charles's practical

brief delay,
replywas

procured
publishedin SaragossaDecember 22d,forbidding
a proclamation,
all purchases of
Moor
to leave the kingdom, prohibiting
any
their mosques
and abolishing
their
property from them, closing
occurred
publicshambles.2 This increased the alarm,and risings
followed
the
in some
of the
by others after
places,
publication
but they were
not serious. The date of expuledict of expulsion,
influence

Sandoval,Lib.

xin, " xxix.

"

Dormer,

Lib. n, cap.

p. 649.
2

Sayas, cap.

cxxx.

"

Dormer, Lib.

n, cap. i.

ix.
viii,
"

Bleda,Coronica,

CHAP.

VALENCIA

II]

357

postponed until March 15,1526,and,as it approached,

other risings,
but they were
there were
readilysuppressed;the
disarmed and, as a whole,they submitted to baptism.1
Moors were
of the
The whole Morisco populationwras
at the mercy
now
but every consideration,
both of policyand of charity,
Inquisition,
dictated a tolerant exercise of power, until they could be instructed
and won
to their new
faith. This the Suprema recognized
over
by orderingthat they should be treated with great moderation.2
Possiblythis may explainthe absence of trials for heresy by the
Valencia tribunal in 1525 and 1527, but,in the intermediate and
which was
subsequentyears, there is no abatement in its activity,
of the Suprema, but
not only in disobedience of the commands
a direct violation of the Concordia,
agreedto January 6, 1526,
althoughnot publisheduntil 1528.
the result of the labors of the alfaqules
This Concordia was
It was
sent to the court in 1525.
grantedwith the consent of
Manrique;it was solemnlyconfirmed by Charles
Inquisitor-general
declared to comprein the C6rtes of Monzon, in 1528,when it was
hend
of Aragon, but when it was
all the kingdoms of the crown
of Valencia,
under orders from
publishedby the Bayle-general
Charles,Manrique rebuked him for so doing. Its main provisions
if onlyto show the questions
and as
are worth reciting
arising
shown to the Moriscos,
instance of the faithlessness habitually
an
sion

was

for

scarce

of the articles favorable to them

one

It set forth that the

new

converts

could not at

was

observed.

once

abandon

the

ceremonies,which they observed rather through habit

and that prosecution
would
than with intention,
by the Inquisition
should not
wherefore the Inquisition
be their total destruction,
them for fortyyears, as had been grantedto the
proceedagainst
As for their garments,they might wear
out
Moors of Granada.
must be made in the Christian fashion.
but new
those existing,
ones
could speak only Arabic,
and all the women
As most of the men
they could use it for ten years, duringwhich time they must learn
Moorish

Castilian

or

Valencian.

New

cemeteries

were

to be

consecrated

pensation
Disconverted into churches.
the mosques
now
to be grantedby the legateor the pope for all
were
degrees,
marriagesand betrothals within the prohibited
existing

for

them,

but future

near

ones
1

must

conform

to the

canons.

the

requestthat

Sandoval, Lib. xni, " xxviii. Dormer, loc. eit.

de Simancas, Inq.,Lib. 939, fol. 108.
"

To

Archive

HOEISCOS

358

their

should be restored

arms

should

[BOOK

them, the

to

answer

be treated like other Christians. To

that

was

VIII

they

the

argument that
imposts, if they were

pay the old tributes and

it reasonable that
was
nor
forbidden to work on feast-days,

they could
should be
that

was

not

changingdomicile,the

from
prevented

be treated like other

they should

to third parties.There
prejudice

was

they
equivocalreply

but without
Christians,

to continue
also permission

royalterritory.All this Charles

and ordered itsstrict
guaranteedfor himself and for Prince Philip,
from the highestto the lowest,under
observance
by all officials,
pain of the royalwrath and a fine of three thousand ducats.1
the
corporations

as

The

old Morerias in

however, was
Inquisition,

law unto itselfand

was

bound

promulgationof
the Suprema published
the Concordia,
everywherea declaration
and did not condone the
that it referred only to trivialcustoms
and that those who performed
of Moorish ritesand ceremonies,
use
to be duly prosecuted,
to all
them or lapsedfrom the faith were
acceded.2 When, therefore,
of which it stated that the emperor
compacts. In

few

months

after the

by

no

the

remonstrances
Aragonese nobles,in 1529, presented

and

Manrique,the
their injurythat

not

to

latter replied
that it was
was

sought,and

that

to Charles

their salvation and

he

hoped

that God

upon them, so that all would eventuate well.3

The hand of God, as laid upon them throughthe Inquisition,
was
tribunal
had fifty-eight
not merciful for,in 1531, the Valencia

mightlay his hands

thirty-seven
burningsin person, most
Moriscos.
Saragossawas somewhat
milder for,in 1530,it reportedthat in the last auto it had reconciled
of Moriscos,commuting confiscation and prison
a number
into fines and, in some
that the fines had been
cases, to scourging;
but the
assignedto a cleric who should instruct the penitents,
receiver had refused to surrender the money,
whereupon the
a separatecollectionof finesand their payment
Suprema suggested
to instructors.4 Thus the Inquisition
went imperturbably
its
on
way and, when the C6rtes of the three kingdoms complainedthat
notorious that there had been no attemptto instruct the
it was
Moriscos,or to providechurches for them, and that it was a great
trialsfor heresy,with some
of whom
presumablywere

1
3

Boronat, I, 423-8.
Ibidem, I, 162-5.

Archive

Ibidem; fol.312.

de

Simancas, Inq.,Lib. 76, fol. 183.

CHAP.

VALENCIA

II]

abuse

prosecutethem

to

as

359

Cardinal Manrique
heretics,

uously
unct-

that they had been treated with all moderation

and
replied
and
for
the future,
would be made, with
that,
benignity
provision
the assent of the emperor, as best comported with the service of
God

and

Even

the salvation of their souls.1

self-willedwas the conduct of the Inquidefiantly

sition
with regardto confiscations. We have seen that these were
the property of the crown
and that,when
the Inquisition
was
allowed to retain the proceeds,
it was a concession dependentupon
the will of the sovereign.Yet it sturdily
set aside the laws of
the land and the commands
of the emperor,
and persisted
in confiscating
the property of its penitents.The
earliest fuero of
Jaime
I after the conquest,providedthat,in
Valencia,
grantedby
capitalcases of heresy and treason,allodiallands and personal
to the king,while feudal lands and those
property should accrue
other service,
should revert to the lord.
held under rent-charge
or
The new
this and, in 1488, the Cortes of
disregarded
Inquisition
more

its observance,to which

Orihuela demanded

and
Stillthe Inquisition
persisted

Ferdinand

assented.

he

agreedto the demands of

the C6rtes of 1510, that he should compound for all lands thus
obtained. This was
equallyfruitlessand, in 1533,the
illegally
Cortes of Monzon
repeatedthe complaint;it was the lords and
churches that suffered by the confiscationsinflictedon their vassals,
and some
compromise should be reached as to past infractions of
there was
To this the answer
the fuero.
was
no
equivocal;
fiscation
contion
and, pleaseGod, with the efforts on foot for the instrucbe no
for it in the
of the converts,there would
necessity
would be made to protect
future but,if there should be,provision
could decide as to what
the lords,and meanwhile
a commission
would be justfor the past.2
the next year, at Saragossa,
issued a pragmaCharles,in fact,
converts incurred confiscation,
tica orderingthat,when the new
to the legalCatholic heirs,
the property should be made
over
to the lords of the delinquents.The Inquisition,
without prejudice
however, was equalto the occasion;it obeyed the law in the letter
but not in the spirit,
for,in 1547, the C6rtes complained to the.
the Saragossatrithat,in lieu of confiscation,
inquisitor-general

1
2

Archive

de Simancas,

Col. de Documentos,

Patronato

XVIII,

fol. 38, 39.

Real, Inq.,Leg. tinico,

106-13."

Archive

de

fol. 37.
Simancas, loc.cit.t

CHAP,

II]

VALENCIA

361

in return for Morisco

impunityfrom pecuniarypenance,
but the Suprema had refused the proposition
as inadequateand as
In 1571, negotiations
a disservice to God.1
ing
were
renewed,resultin a royal cedula of October
that Inquisitor12th,reciting
generalEspinosa had condescended to grant to the Moriscos of
Valencia the articlespresented by them.
These provided that,
in consideration of an annual payment of fifty
thousand
sueldos,
hundred ducats,to the tribunal,
or
the property of
twenty-five
annum

per

to it
contributing
Warning, moreover, was

those

should
taken

be
from

exempt from

confiscation.

the

experienceof Aragon,
and fines were limited to ten ducats,
but the aljamasof the culprits
for their payment.
It rested with the aljamas
were
responsible
whether

into the arrangement,but so many

of them
did so that thenceforth it was
spoken of commonly as in force
throughoutValencia.3
This

not to

or

suited the

come

as
Inquisition
assuringit a

relieved the Moriscos

the miseries of

and

from

the

settled

income; it

ever-presentdread of pauperism

and
sequestration,

it

the
gratified

nobles and

churches

by securingthem from the alienation of their lands and

the impoverishment of their vassals. To the rigidchurchman,
however, it was a compact with evil and an encouragement of
heresy. ArchbishopEibera of Valencia protested
againstit,and
but
Bishop Perez of Segorbe,in 1595, advocated its revocation,
PhilipII resolved that it should continue duringthe periodagreed
for the instruction of the Moriscos.8

upon

The

tribunal

took
naturally

to the
by exploiting

and

it did

care

to increase itsassured income

fullest its remainingpower

of

inflicting
fines,

with littleregard to the limitation.

so

In

1595, the

aljamas complained of these infractions.4 That such complaint

would
continued to be justified
appear from the auto de fe of
January 7, 1607, alluded to above (Vol.II, p. 395) where
were
twenty fines of ten ducats each on Moriscos,of whom
of twenty,
besides other fines,
one
eightwere reconciled,

thirtyand
1

Archivo

one

de

of

Simancas, Inq.,Lib. 922,

"

p. 228.
4
Archivo

de

of

Liq. de Valencia,
nacional,

Leg. 205, fol. 3.

Simancas, Inq, de Valencia,

hist,

one

fol. 15.

Cf. Archivo hist,

Danvila y Collado,
pp. 183-88.
Cartas del Consejo,Leg, 5, n. 1, fol. 107.
Archivo

only

fifty.

there

"

Danvila

nacional,Inq. de Valencia,Leg. 5, n. 2, fol. 14, 15.

Collado,

[BOOK VIII

MOEISCOS

362

of the
activity
after the Concordia,
seemed to diminish somewhat
Inquisition
there being
towards the close of the century it increased greatly,

The

table in the

hundred

two

ninety-one cases

and

The

in 1592.

seventeen

and

1592

Appendix shows that,while

have

we

record
of

means

no

in 1591

the

and

hundred

and

ends with
these figures
furnishing
the work
ascertaining

in the years

continued.
but the rigorof persecution
immediatelyfollow,
twenty-eight
tions
abjuraIn the auto of September 5, 1604,there were
and
two
de vehementi,
eightreconciliations
de levi,
forty-nine
penanced for
relaxations" all Moriscos, except a Frenchman
blasphemy. In that of January 7, 1607, there appeared thirtybesides six whose cases
relaxed,
was
one
three Moriscos,of whom
suspended,and in the trials torture was employed fifteen
were

which

The

times.1

fluctuationsin the number

of

be accounted

can

cases

occasionallyenablingthe tribunal to make a

all Moors
at
Morisco village
when, as they were
raid on some
in. Thus, in 1589
heart,the whole community would be gathered
furnished
and 1590 the littlesettlement of Mislata,near Valencia,
by evidence

for

hundred

hundred

two

were

and

cases

we

and

are

told that in the town

of Carlet there

fortyhouseholds that observed

the fast of

Ramadan.2
the
notorious,
and the
of the Inquisition,
at the mercy
was
whole population
comparativemoderation shown by the records may perhaps be
whereby
by a system of secret briberyor compositions
explained
is
of
this
suggested
immunity was purchased. The possibility
in
by a case which throws considerable lightupon the manner
exercised.
which the inquisitorial
power was
In

The

fact,as the Moorish faith of the Moriscos

family
of

Abenamir
of

of Don

Cosme, Don

ranked
Benaguacil

Valencia; the brothers

were

Juan

was

and

Hernando

Don

the firstof the old Moors

among
rich and influential;
they held

them
Miranda had appointed
licences to bear arms, and Inquisitor
which they resignedat the instance of the
familiars
a
position
"

they dwelt,for he said that they

had no need of such protection,
as they had onlyto appealto him
if aggrieved. In May, 1567, during the absence of Inquisitor
Ger6nimo
Miranda, the fiscalpresentedto the other inquisitor,
Duke

of

Archive

Segorbe,on

hist,

lands

national,Inq. de Valencia,Leg. 2, n. 10,fol. 79.

Collado,p. 263.
2

whose

Ibidem, Leg. 98, 99.

"

Danvila

CHAP.

VALENCIA

II]

363

clamosa

againstthe brothers. Their arrest was voted

but, in view of the importance of the case, the Suprema was
which confirmed the vote and, on July 1st,the warrants
consulted,
issued.
The accused could not be found; edicts summoning
were
them
were
publishedand, on January 12, 1568, Don Cosme
presentedhimself. It is his trial that has been preserved,but
Manrique,a

presumablythe
Hernando's

name

others took

the

same

towards
disappears

course,

the

except that Don

end,probablyin

quence
conse-

of death.
At the firstaudience

Don

Cosme

said that he

presumed he

had

baptizedwhen a child,yet he did not consider himself a

Christian but a Moor; he had through life performed Moorish
rites and had gone to confession only to conform with the edicts,
been

but in future he desired to be

Christian and to do whatever

the

might require. He offered no defence in the various

inquisitors
but on July 15th,in consequence
of the crowded
stagesof his trial,
he was giventhe cityas a prisonon
condition of the secret prison,
in two thousand
ducats.
furnishing
security
sand
Notwithstandingthis he visited Madrid where,for seven thouducats,he purchasedfor himself and his brothers a pardon
and the Suprema, and he
from the king,the inquisitor-general
also exercised importantinfluence in securingthe Concordia
of
His stay in the capital
1571.
val
was
prolongedwhen, after an interof nearlythree years, the tribunal suddenlyrevived his case,
his bondsmen
to
May 25, 1571 and, on June 6th,it summoned
produce him within nine days, a term extended to twelve days
notorious that he was
their protesting
that it was
in Madrid,
on
business with the Suprema. This action brought from the
on
Suprema a curt letter statingthat Don Cosme complainedthat,
and ordering
after compounding his case, it had been revived,
the
tribunal to drop the matter and explainits motives. This it did
and received from the Suprema a second order to do nothing,
but
to send the papers and await instructions. SubsequentlyDon
Cosme

returned to Valencia and exhibited certificatesof the dons

parde Rojas, then inquisito
for himself and his brothers to Juan
who

and the

told him

to go

for they were

enhorabuena,

had nothingfurther
Inquisition

pardoned

to do with them.

passedaway when suddenly,without further evidence

being soughtfor,on September 3, 1577, the Suprema returned
Six years

to the tribunal the papers

in the

cases

of Don

Cosme

and

Don

[BOOK VIII

MORISC08

364

them, examine them, vote on

Juan, and ordered it to summon
Cosme
and report to the Suprema for its decision. Don
them
and was supporting
by that time seems to have been impoverished,
delay
at Genoves; after some
himself by farmingthe revenues
he

brought to

was

the

December
prison,

At firsthe refused to be

resumed.

24th and his trial was

his pardon,
examined,alleging

to him that it was

elaborately
explained

but it was

not intended

to

for which it was necessary

interferewith it but to render it operative,
to which end
for him to abjurehis errors and be reconciled,
full confession as to himself and his accomplices;
he must make
it would show that he desired to remain in his old
if he refused,

After

and under excommunication.

errors

some

he
fencing,

mitted
sub-

the age of twelve, his mother

and to
had taughthim to performthe zala and fast the Ramadan
and holy,but
believe in one God; that Santa Maria was a virgin
and

described how, about

God; that the Lord Jesus Christ was a

God and prophetof God, who had ever spoken truth,and
of

not the Mother

sin not to believe in what

he had

would

to indicate that there

seem

Moriscos

an

intermediate

was

believed;

be

to covet his
all of which

developingamong

faith which in time would

opportunitybeen

Christian had

it was

uttered,but that Mahomet

prophetof God, whose utterances were to

he had also been taughtto commit no murder, not
daughterand not to bear false witness"
neighbor's
also

was

of

son

allowed,

Don

the

become

have

further

Cosme

he had always been a Christian

declared that,since his firstarrest,
all
and desired to live and die in the faith of Christ;he repeated
in both Latin and Romance,
the Christian prayers accurately,

and wished

that he had

been born

among

as itwould
Christians,

body and in soul. This

he was allowed the cityas

have been better for him, both in

went

until February21, 1578, when

and
under bail,

on

March

26th he

keepinghimself subjectto
Then

was

to return
permitted

on,

prison,
home,

summons.

until July 17, 1579,his case was

elapsed,
its reference to the Suprema
discordia,
requiring

fifteen months

voted upon in
which, October 2d, ordered torture at discretion for Don Cosme
and Don Juan.
audiences,
however,were prescribed
Preliminary
in order that
the

their consciences and satisfy

they might discharge

as to accomplices,
evidence,
especially
givingthem

don
necessary to enable them to enjoy the parrecord
the
Under this the trial was
but
resumed,

that this
of 1571.

stand
to under-

was

CHAP.

VALENCIA

II]

ends before the stage of torture

Don Julio MelgaresMarin, who

365

reached,and
copiedit,assumes
was

the

archivist,

that the

case

remained

were

suspended. Probably either the two brothers had succeeded

in raising
sufficientto satisfy
the Suprema, or they
a sum
recognizedas too poor to be worth further prosecution.1

From

such

an

case

instrument

be
readily

conceived

how

cient
effi-

the

was

the Moriscos

among
them

it can
this,

as

an

in exciting
and perpetuating
Inquisition
abhorrence of the religion
imposed on

for
by force,and scarce known to them save as an excuse
extent this was
crueltyand exaction. To some
recognizedby
the governingpowers.
After the wise toleration had been discarded,
which had rendered the Mud^jares contented subjects,
in
of grave concern
the apostasy of the neophyteswas
the source
and their known
the spiritual
the cause
of even
was
field,
hostility
in the sphereof statesmanship.For more
than
greaterdisquiet
of a century it was
the subjectof a constant series
three-quarters
and
between moderation
of efforts and experiments,
alternating
something
severity.With an efficientand honest administration,
tion,
but vacillamight have been accomplishedby a consistent policy,
peration.
exasincompetenceand greed resulted only in increasing
The storyis longand intricateand the barest summary
features and the causes
of
must suffice here to indicate its leading
the failure to assimilate the races, on which depended the peace
the mistaken policy
have seen
of Spain. We
and prosperity
adopted in Granada; in Valencia it was less unreasonable in
but failed miserablyin execution.
spirit,

and the edict of

After the Germanfa

were

at

the Venetian

envoy,

says that there

who

gainsbeingthe
teachingthem, priestly
eitherwere
It was

futileattempts

missionarywork among the so-called converts,

described by Navigero,
in 1526, is correctly
situation,

made

but the

1525, some

as

much

Moors

self-evidentthat

to

as

before

or

main

so

littlecare

about

object,that they

of any kind.2
religion
scattered
largepopulation,

had

Christianizea

was

no

land,for the most part in exclusive communities,would

of parishchurches with schools
requirea completeorganization
over

the

all the necessary

appliances.A basis for this existed in the
property of the mosques, which Clement VII, in 1524,had ordered

and

Boronat, I, 540-69.

Gachard, Voyages des Souverains des Pays-Bas,I, 208.

[BOOK VIII

MOEISCOS

366

into

to be converted

imposed as a fresh
which all,who
saw

which
churches,and in the tithes,

burden

upon

were

These

the converts.

were

now

spoils

gain,hastened to grasp. To
the lords for the expectedloss of tribute from their
recompense
tians,
who were
promised to be treated in all thingslike Chrisvassals,
made over to them, in return for which they
the tithes were
for divine
requisite
to providethe churches with what was
were
nish
of the mosques
were
expectedto furservice,while the revenues
the patronage of which was
foundations for benefices,
given
the
ity
have seen,
For this,
requisite
papalauthoras we
to the lords.
attacked in innumerable
was
was
procured,but the measure
chance

for

carried up to the Roman

Rota, with the
of which were
some
suits,
fashion,two hundred
consequent interminable delays.1In some
and

in the archconverted into churches

bishopric
were
thirteen mosques
of Valencia,fourteen in the see of Tortosa,ten in Segorbe

and fourteen

Orihuela,but the objectkept in view

in

was

the

nues,
reve-

trainingof the Moriscos.2

religious
with nothing accomplished.
Nearly ten years passed away
to be necessary, and papal
was
A thorough reorganization
seen
obtained empowering Cardinal Manrique to provide
faculties were
persons to instruct the converts,to erect and unite churches,to
tithes and to decide sumto regulate
marily
appointand dismiss priests,
all the suits that were
expectedfrom archbishops,
bishops,
and secular lords,
thus rendering
him and
chapters,abbeys,priests
his delegates
independentof the bishopswho thus far had done
sioners
nothing.3Under this,in 1534, Manrique despatched commiswith detailed instructions,
to be made
including
provisions
for a college
to be founded for the instruction of Morisco children,
who should in turn instruct their parents.4The scheme,however,
though well intended,was wrecked on the money-questionwhich,
all intelligent
to the end, proved an obstacle frustrating
work
in
not the

and

conversion.
fruits seem

The
to

of the

revenues

the tithes and

mosques,

disappear swallowed
"

by noble and prelate

and,
in greatpart from the labor

up

althoughthey derived their incomes

of the Moriscos,it seemed
impossibleto wring from
was

first-

them

what

establishment. In 1544, St.

new
support
of Vilanova, then Archbishop of Valencia,urged the

necessary

Thomas
1

to

the

Sayas, cap. ex." Dormer, Lib. n,

y Collado,p. 116." Blefe

Danvila

Bulario

Archive-

de la Orden

de

cap. i.
Defensio

Lib.
Santiago,

de Simancas, Inq., Lib.

n,

77, fol.

Fidel,p. 190.
foL 94, 96, 105.
227.

CHAP.

VALENCIA

II]

emperor

to

placezealous

with ample
villages,
but it does not
his

duty and

and

year.

was

distribute

to

that this

was

alms,

part of

of the Church.1

that

endowed
rectories,
a

them

occurred to him

Manrique's commissioners
It

in the Morisco

exemplary rectors

salaries to enable

to have

seem

367

with

established

the

hundred

beggarlystipendof

to find suitable
impossible

and

ninety

thirty crowns

for
priests

such

livings,

complaintwas generalthat they were, for the most part,

rather than attraction
ignorantand depraved,creating
repulsion
which they assumed
to the religion
to teach.
resident
Many were nont
heir
and neglected
duties entirely,
vicars at still
or found
them.
There was no one to inspect
lower salariesto replace
them
in order.
A pensionof two thousand
ducats a year
or keep them
of Valencia,
had been levied on the archbishopric
to maintain the
collegefor Morisco youths, but two-thirds of this was
projected
and the

diverted to the support of the rectoriesand the rest was made up

holders of
from various sources, not always adequate,for some
benefices refused to pay the moderate
It

was

in vain that

these deficiencies.
or

their

one

The

made

assessments

effort after another

was

made

on

to

them.2

remedy

indifference of the ecclesiasticalauthorities,

when
opposition

asked

for

funds, paralyzedevery

Cortes of Monzon
1564,
pointed out the
failure of all attemptsto instruct the converts,who were
punished
and they made
remedial suggestions.
some
for their ignorance,

plan

devised.

the

In

Philipin response assembled a junta under

Valdes,the conclusions of which were embodied
This

confided the instruction of the Moriscos

dioceses,who

the
in
to

presidencyof
a royalcedula.
the bishopsin

appointproper persons and

the neophyteswith the utmost
treating
keep them under supervision,
kindness,rewarding the good accordingto their deserts,
the more
and appointing
prominentamong them to familiarships.
cial
ArchbishopAyala,on his return from this junta,called a provinbut the bishopstook no action to carry out the procouncil,
visions
themselves with. inflicting
of the cedula,contenting
heavy
fines on those who did not have their children baptizedat birth
in the best clothes that they could afford;on alfaqufes
who visited
Moorish
and on secular officials
who neglected
the sick,
to denounce
The pioushope was
observances.
expressedthat,by compelling

their several

1
2

were

to

Col. de Documentos, T. V, p. 81.

Ibidem, T. V, pp. 92, 93, 102-7.

CHAP.

VALENCIA

II]

the revocation

of the

brief;in

369

procuredan inhibition on
the execution of the brief,
in 1606, the matter
but finally,
was
the
decided
time
this
their
against
chapters.By
arrearages
to
amounted
and fifty
thousand
which Philip
a hundred
crowns,
III forgavethem and, for the few remainingyears they paid their
Meanwhile, Bibera's contribution

assessments.

accumulatingwith

interest until it amounted

Of this about

d.

s., 11

13

it

1604

had

157,482 libras

to

thousand
thirty-two

on

gone

libras had

been

in 1602, sixtythousand
devoted
rectories;
were
for Morisco youths and, in 1606,thirty-one
to the college
thousand
endow
a girl's
were
givento
college;
part went for expenses and,
thirteen thousand
in 1607, a balance of over
was
given to the

expended

the

on

Seminary
Collegiate
Thus

of

Corpus
plancame

thiswell-intended

Christi which
to

he

founded,1

naught,like allother attempts,

through the covetousness and indifference of those

interests alike demanded

had

whose

duty and

their earnest

co-operation.
What
might have been accomplishedby zealous Christian prelates
be gatheredfrom the experience
of Feliciano de Figueroa,
can
Bishop of Segorbe. He had longbeen Ribera's secretaryand was
to the see of
thoroughlyfamiliar with the question. Promoted
Segorbe,in 1599, he writes,in 1601, that there were
twenty
in his diocese;at his own
he
Morisco villages
cost
put resident
with
and twelve
rectors in them,
or religious
doctrineros,
teachers,
the whole work himself.
supervising
Alreadyhe reports
preachers,
a

notable reformation

affection and

adults,while the children manifested

embrace
the faith;moreover,
during

in the

readiness

to

Moorish
ceremonies
had fallen into
past fortyyears, many
disuse.
Again,in 1604,he describes his continued labors without
discouragement,althoughhe complainsof the obstacles thrown

the

who
aided the alfaquies
by the secular authorities,
in opposing his efforts.2
which aided in bringing
This alludes to a serious difficulty
about

in his way

the

catastrophe. The

the most

lords of Morisco

purelyselfish motives.

vassals

were

Exploitingtheir

actuated

by

dependentsto

Christians in
the utmost, they feared that,if the latter became
fact as well as in name, they would be unable to extort the imposts
and tribute which
cos

were

and
and defenceless,
helpless

1
2

VOL,

they exacted almost

in

at
the

for the Morisdiscretion,

pledgesthat they should

Boronat, II, 45-6, 69-71, 169, 435, 438, 478,

Ibidem, II,436, 440-3.
24

683,

[Boos VIII

MORISCOS

370

couraged
forgotten.The lords therefore disall missionarywork and, as far as they could,protected
When
the latter obtained
their' vassals againstthe Inquisition.

be treated

as

Christians were

of this interference with

evidence

conversion,it did

not

hesitate

Don
prosecutethe highestnobles. In 1570 it condemned
to a
de Cardona, Admiral of Aragon, to abjurede levi,
Sancho

to

pleasureof

the

Suprema" reclusion which

for he died in the convent

testimony was

if the

more

appealto

vassals to

to induce

Turk

him

he advised them
do

This

so.

offence
The

was

and two

Montesa

the

of his confinement.
true

king,to

the pope, and

to

convent

at the

proved perpetual,
He

deserved

much

asserted that he advised his

which

to threaten

to
finally

the Grand

persecutethe Christians in his

not leftin peace, and further that

them if they would
to rise and promisedto arm

if the Moriscos

dominions

and to reclusion in

ducats

thousand

fine of two

other

and,in 1578,two

lords further made

for,in 1571 the Master of

nobles appeared in an auto for the same
of investigation.
the subjects
others were
themselves obnoxious by seekingto protect

the

not

were

only

case

their vassals from the ceaselessexactions of the

they attended

set
alguaziles

and to fine
regularly,
those who did not, or who worked
on
feast-days.These gentry
their position
were
paid by a half or a third of their collections;
threatened as they were
not enviable,
both by the lords and
was
the Moriscos in the remoter
and it was
to
districts,
impossible
with men
of fitting
fillthe position
character.2
over

them

to see

that

mass

spasmodicand fruitless efforts to convert the so-called

converts were
accompaniedwith frequentrelaxations of the rigid
because they infer a dim concepcanons
against
heresy,
interesting
tion
that toleration,
after all,
be
a
more
method of
might
practical
human
souls
than
and
winning
tunately,
oppression
persecution.Unforthis fluctuating
policywas the most irrationalthat could
These

be devised.

The

Moriscos had been

so

sedulouslytaught to abhor

and to distrusttheir conquerors that leniencycould

Christianity
be regardedonly as dictated by fear,and as affording
licence to
follow more
the practicesof their ancient faith,
undisguisedly
while the alternations of severity
only increased their hatred of
the religion
of their oppressors.
1
2

Daavila

Archive

de

Collado,pp. 126, 129, 181, 183, 194.-" Boronat,I,443-69,569.

Simancas,Inq, de Valencia,
Leg. 205, fol. 3.

CHAP.

II]

VALENCIA

Edicts of Grace

371

the favorite resort when

were

there

was

sition
dispo-

to show

moderation,but these,as we have seen, were, for

the most part,nugatory,because theywere
on recorded
contingent
confessions and the obligation
to denounce
accomplices. The
recorded

confession

of
penalties

and, as
relapse

naturallyhesitated
the

the

to incur the

it

was

brief of

terrible

obviate this

made

was

the

to occur, the Morisco

store

To
liability.

unprecedented concession

and
a

penitentliable to

the latter was

concerningrelapse. This

canons

to be

rendered

objection,
suspendingthe
thority
onlyby papalau-

of

could be done

repeatedlytried. The earliest instance seems

Clement VII, December
5, 1530, empowering

Manrique to appointconfessors with faculties to absolve penitents,

if they had relapsedrepeatedly,
with secret absolution and
even
penance,

and

to

release them

their descendants

and

disabilitiesand confiscation,
the
penalties,
of apostasy being the
liberal condonation
Morisco

districtsto instruct the converts

however,until 1535 that

exercised much

lack

all

allegedfor this
of priests
in the

in the faith.

It

was

not,

Manrique transmitted this to the Valencia

tribunal with orders to execute

to have

reason

from

it,and

influence

on

then it does not

even

the number

of

seem

trials,
though

honestlyput into operationit would have supersededthem.1

and grants
This policycontinued to be followed spasmodically
of relapsewere
repeatedlymade
exoneratingfrom the penalties
duringthe rest of the century.2
of denouncing
in the Edicts of Grace,the necessity
There was
also,
could rarely
which the Moriscos,to their credit,
accomplices,
persuadethemselves to do. Bishop Figueroaof Segorbepointed
this out to PhilipIII as a matter of supreme
importance,as it
dren,
requiredthem to accuse their parents,their wives and their chilmatter
which even
the secular laws pretermitted
as
a
so
nature.3
Stillit was required
horrible to human
law,
by the canon
and could not be omitted without special
papalauthority. Philip
of its impolicythat,when a crucial effort was
II was
so convinced
the Moriscos could be converted,
as
to test whether
to be made
the
most
alternative to expulsion,
by an Edict of Grace on
an
if

Archive

de Simancas, Inq.,Lib. 926, fol. 57, 80.

Santiago,Lib.

"

Bulario de la Orden

de

n, fol. 79.

Simaneas, Inq.,Lib, 926, fol. 49, 53, 59, 63, 67." Bulario,Lib.
de AlcaM, Hacienda,
fol. 24, 103." Archivo
in, fol. 51, 85, 88, 109; Lib. iv,
Leg. 1049." Boronat, I, 495.
3
Borpnat, II,439.
2

Archivo

de

[BOOK

MORISCOS

372

terms, he endeavored

favorable

to have

this condition

VIII

removed,
granting,

VIII,as we have seen (Vol.II,p. 462) while

sion
1597, an edict coveringrelapseand concedingthat confesinsisted that confession
Ordinaries,
could be made to the episcopal

but Clement
in

include full denunciation of the apostasy of others.1

must

Various
after

of the
delayedthe publication

causes

PhilipIII

Great

succeeded to the throne.

had

edict until

1599,

preparations

final experiment;
rectors,preachersand
tions
sent throughthe land,under detailed instruccommissioners
were
difficult
that the work
was
told them
from Ribera, who

were

for it as for

made

but not

Ribera's
impossible;

the barons

children,and

found

to

were

hermandad

fund

was

drawn

upon

for the

colleges;

schools for the instruction of young

was

organizedto placegirlsin
edict

vents
con-

duly
publishedin Valencia,August 22, 1599; its term was for only one
months.
extended to eighteen
PhilipIII eagerly
year, but it was
which was conveyedto him in a reportof August
awaited the result,
months of the edict,
22, 1601,by the tribunal. During the eighteen
forward to
the inquisitors
said,only thirteen persons had come
take advantage of itand these had made such fictitiousconfessions,
that they deserved contheir accomplices,
demnation
and had so protected
or

in the families of Old

rather

than

Christians.2 The

absolution; some

was

them, indeed, had

of

dently
so that they had evialreadybeen denounced to the Inquisition,
sion.
been impelled
by fear rather than by the desire of converMoriscos
the
went on to describe
as Moors
The inquisitors
did not convert
who would always be Moors and, ifthe Inquisition
and thus
them to sin with less publicity
them, it at least compelled
diminished their evil example.3 This failure may be regarded as
virtuallydecidingthe fate of the Moriscos. Archbishop Ribera
emphasized it in two strong memorials addressed to PhilipIII,
as the only solution of the
to be recognized
and expulsioncame
situation,
althoughthe vacillation and irresolution of the court
postponedfor some
years the execution of the measure.
influence
A glanceat the tables in the Appendix will show how little
of the
the successive Edicts of Grace had on the operations
of them.
Yet
which reaped its harvests irrespective
Inquisition,
1

Bulario de la Orden

de

Lib.
Santiago,

iv, fol. 128.

Escolano,Decada

primera de

"

Archive

de

Simancas,

Inq.,Lib. 926, fol. 71.

2

Boronat,I,669; II,8.

"

II, 1783-97
3

la Historia de

Valencia,

(Valencia, 1610-11).

Archive hist,nacional,
Inq.de

Leg.5,fol.185,186,220,295,297-99,
Valencia,

CHAP.

II]

those

VALENCIA

tables reveal

373

that,between

1540

and

1563, there

were

at least as to cases
of
periodsduringwhich the tribunal was idle,
remarkable
efforts to
heresy. These intervals represent some
try the effect of moderation,which,althoughneutralized by lack
of cooperative
work in winning over the converts,merit examination
without example in the career
as measures
of the Spanish
Holy Office.
The
nobles of Valencia complained forciblyof the disquiet
caused among
their vassals by the operations
of the Inquisition,
and the C6rtes petitioned
that thirty
or fortyyears might be allowed
for their instruction duringwhich they should be exempt from
and theologians,
prosecution.Charles assembled a junta of prelates
which suggestedvarious plansof moderation and conciliation,
from among
which he selected that of grantinga term of
allowingthem to confess sacramentally
grace for past offences,
for their into confessors,
and that a periodshould be provided
structio
should not prosecutethem.
duringwhich the Inquisition
fixed at twenty-sixyears, with the
This period was
liberally
warning that,as they should use or abuse it,it would be extended
We
have seen
the failure to providethem
with
shortened.
or
that they
and it is scarce
churches
and instructors,
surprising
to live openlyas Moors,sayingthat,as they had thirty
commenced
tage
they would take full advanyears in which to do as they pleased,

of it.1 This could not be

by toleration
cases

no

79, 37 and

in
49

came

to

and
permitted,

speedy

end.

The

the effort to convert

tribunal which

had

and had
1541, 1542 and 1543 resumed operations
of which,however
in 1544, 1545 and 1546" a portion

sions
for revokingconfesundoubtedlythe Judaizers prosecuted
(Vol.II,p. 584).
policy. A brief
a reversion to a milder
Then, in 1547, came

were

dated
a

August 2, 1546, was

obtained from

Paul

III,of

so

liberal

by granting
supersededthe Inquisition,
character that it virtually
faculties to appoint confessors with full power to absolve

in

who
and

sacramentallyand judiciallyeven
and to relieve
condemned
by the Inquisition,

utroque foro both

"

"

had been
their descendants

from

those
them

all disabilities.2Unfortunately the

facultyto appointconfessors was conferred on Antonio Ramirez

"
comapostolic
de Haro, who had for some
years been actingas
Collado,p.

Danvila

Bulario de la Orden

de

130.

Santiago,Lib.

in, fol. 33.

[Boos:VIII

MORISCOS

374
missioner"

in

to
relating

the

everything
powers over
in 1545, left Valencia,on a

Valencia,with extensive
Moriscos,but he had,

attend the Council of Trent"

himself excused"
getting

to
as Bishop of Segovia,
summons,
he succeeded in
from which summons

bishop
his authority. Accordingto the Archsubdelegated
because
difference,
this made little
of Vilanova,
St. Thomas
de
inasmuch as it requiredabjuration
the brief was
ineffective,
of the
to which none
relaxation for relapse,
entailing
vehementi,
suggestedthat
He, therefore,
converts would expose themselves.
to absolve and pardon
extensive faculties should be obtained,
more
without legalforms, seeingthat these peoplehad been forcibly
and that their
been instructed,
converted,that they had never
them
to Christianity.1
intercourse with Barbary indisposed
illustrativeof the procrastination
followed is strikingly
What
and neglectthat rendered Spanishadministration so ineffective.
both the
of the Bishop of Segoviasuperseded
The commission
and his absence left
and the episcopal
jurisdiction,
inquisitorial
wrote, April 12,
everythingin confusion. Archbishop Thomas
that,since the bishophad gone, the Moriscos
1547,to Prince Philip
their Moorish ceremonies,
bolder in performing
had dailybecome
to restrain them; the bishophad left no one
no
one
as there was
him to
time should be lost in getting
to representhim, and no
Promises were
at once.
who
could come
one
some
subdelegate
made that a person should shortlybe sent, but the habitual
bishop
On November
10th,the archpostponedit indefinitely.
manana
again representedthe complete libertyenjoyed by the
Converses,with no one empowered to correct them, but his representations
still
he
was
were
neglectedand, in 1551 and 1552,
authorized to keep the Moriscos in order.
for some
one
calling
Even when, in 1551,the Bishop of Segovia,who stillretained his
commission, appointedthe Inquisitor
Gregoriode Miranda as a
he grantedhim no inquisitorial
delegatedcommissioner,
power,
and the Valencia Moriscos remained,for ten years longer,free
from persecution.2
This anomalous
condition explainswhy the tables show only

and had not

up

few
to

1547, 1548 and 1549, and then an entire cessation

and including1562, the former beingprobablythe unfinished
of previous years.
work
In 1561, Paul IV empowered
cases

in

1
2

Col. de

Documentos, T. V, p. 104.
Ibidem, pp. 100,101,107,108,122.

CHAP.

OPPRESSION

II]

375

Vald"s to grant facilities

to the Archbishop of Valencia and his
Christians: in those cases
the New
Ordinary to reconcile secretly
which could be judicially
proved,the confessions were to be made
before a notary and delivered to the tribunal,
where they remained
of record

againstboth

while in
penitentand his accomplices,
that could not be proved,the penances were
to be purely
cases
This fresh experimentindicates a revival of interest
spiritual.1
in the Morisco question,
to be necessarily
followed by a return to
the old methods.
In 1562,accordingly,
the tribunal began to act
in Teruel,where the town of Xea had the reputation
of an asylum
it was
for malefactors;
exclusively
Morisco,no Old Christian being
all restrictionswere
removed
permittedto reside there. Finally,
was
and, in 1563, the Inquisition
vigorouslyat work, with sixtytwo cases, and held two autos,in which appeared nine cases
from

Xea.2

the

After that there

was

no

further interferencewith its functions,

and it continued to the end

odious.
Christianity

What

to contribute its share to

ArchbishopAyala thought of

its influence in this direction is indicated

by

his

the instruction of the Moriscos at his

undertake

dering
ren-

in 1564, to
offer,
own

expense,

but

should have nothingto

condition that the Inquisition
do with them, except in cases of open and defiant sin.3

only

on

Even
of the

without the
Moriscos

was

the condition
of the Inquisition,
aggravation
deplorable.They had been promised,in

baptism,that they should have all

like all other pledges,
but this,
was
Christians,

return

for

broken.

Enforced

conversion had

added

the

of
privileges
made
only to be

to their burdens

and

Christians as
brought no compensatory relief they were
but they remained Moors in
regardsduties and responsibilities,
In 1525 the
before the law.
and inequality
respectto liabilities
syndicsof the aljamas pointedout that,in order to enjoy their
imposts
they had been subjectedby their lords to many
religion,
for they
and servitudes which they could not render as Christians,
wherefore
would not be allowed to work on Sundays and feast-days,
they asked to be taxed only as Christians. To this it was replied,

had

"

Archive

de

Danvila

Leg.
8

Simancas, Sala 40, Lib. iv, fol. 262.

Collado,pp. 164, 167. Archive hist, nacional,Inq. de Valencia,
"

98.

Discorso

de la Vida

de D. Martin

Literatura, 1902, p. 375).

de

Ayala (Revista crftica

de Historia y

CHAP.

the

EXACTIONS

II]

C6rtes,their sole efforts were

of the vassals

and, in

377

directed to increase the burdens

of their

case

condemnation,to profitby

the confiscations.
Thus

they

were

the division of

mercilessly
pillaged.Besides

the crops, of which one-third or one-half went to the

besidesthe tithes and first-fruits,
there were innumerable

all kinds and

numerous

forced loans

consultas

on

or

benevolences.

the Morisco

In

lord,and
impostsof

1561, one

questionalludes to

of the

the hardship

forcingthem to live like Christians and pay like Moors.

The king,it added,ought to relieve them from these unjustimpositions,
but it would throw the whole kingdom into confusion and
so the commissioners
impede the work of conversion,
ought to
how it could be brought about that they should pay no more
see
than the Christians. This continued to the end.
In 1608,Padre
Antonio Sobrino,S. J.,argued that one of the chief obstacles to
the tyranny of the lords and, in addition to the
conversion was
and kind,he alludes to the forced labors imposed
exactions in money
on
them, on meagre wages and stillmore
meagre food, or
with no wages.1 In fact,
taillables
frequently
they were virtually
and their oppression
et corvfaUes a misfricorde,
was
tempered only
by the ever-presentapprehensionof rebellion and, in the coast
siastical
by the facilitiesof escape to Africa. Even their eccledistricts,
almost moved
to pityby the hopeless
persecutorswere
misery of their lot,but we are told that there was no compassion
felt for this,
as it was
generallydeemed advisable to keep them
and in subjection.2
impoverished
of

The

control of the lords

over

their vassals

was

further safeguarded

pragmdtica of Charles V, in 1541,forbiddingthe

under pain of death and confiscation,
from
Moriscos of Valencia,
changing either domicile or lord,and any one acceptingthem as
without special
fined five hundred florins,
was
vassals,
royallicence,
Granadan
and Casscourged in default of the money.
or was
Valencia
threatened with death for entering
tilian Moriscos were
in 1545,was extended to those of Aragon. This ferocious
and this,
was
repeatedin 1563 and 1586.3
legislation
by

Boronat, I, 531; II, 147.

Bleda, Cor6nica,p. 1030; Def ensio Fidei,pp. 47, 51." Fonseca, Giusto Scacciamento, p. 65.
3 Danvila
Abril 1887,p. 288." Boronat,
y Collado,pp, 128,133,211." Boletin,
I, 469,
1

MORISCOS

378

Akin to this

[Boos: VIII

the suicidal policyof

was

the emigration
forbidding

recognizedas dangerous domestic enemies.

This,as we have seen, was begun by Ferdinand and Isabella and
in" partly,
doubt, from a piousscruple
no
was
rigidly
persisted
in Barbary, and partlyto
to apostatize
of allowingthe baptized
of those

who

were

protectthe lords from the loss of their vassals. In time this was
edicts
which published
enforced in Aragon by the Inquisition,
grants
to that effect,
includingthe guidanceover the mountains of emi-

6, 1585, the tribunal

seekingto leave the country and two who

by Christians. In the

punishedtwo

who

were

of June

auto

for three men

and
and the galleys
guides,with scourging
scourgingand imprisonmentfor a .woman.1 Not only was this
of all hope of
the oppressed
a
grievoushardship,by depriving
but it was
a fatal error
for,if the discontented had been
relief,
the remainder could have comallowed to expatriate
themselves,
manded
better treatment, and the Morisco question
which, for
half a century, distracted Spanish statesmanship,
might have
settled itselfwithout the desperateexpedientof expulsion.
another precautionentailing
Disarmament
was
a
grievance
served

which

as

keenly felt. We

was

in Valencia

as

was

it in

Granada, and that

enforced

1528,the Moriscos asked

baptism
that their

told that they would be treated

like the rest,
broken.
Old Christians. This promise,
The
was
be restored to

them, and

bearingarms.

This

sent to carry

it into

regardedas

was

abandoned.

In

was

were

its other

pragmdticaof 1541, among

it

seen

to
prudentpreliminary

In the Concordia of

in 1525.
arms

it

have

not

included
restrictions,

enforced

and, in 1545, orders

but the methods

effect,
a

that of

show
suggested

were

that

and
dangerousbusiness,

1552, St. Thomas

the purpose was

of Vilanova
urged that it

Miranda in 1561.
should be done, and so did Inquisitor
Finally,
done by a sudden simultaneous action
in 1563, the work was

lords,when the inventories compiledshow that,in 16,377

Morisco houses,there were seized 14,930swords,3,454 cross-bows
of the

and
the

how
long list of other weapons, indicating
Moriscos had providedthemselves.2
a

PV, 3, n.
2

de Simancas, Inq., Sala 40, Lib. iv, fol.263."

Archive

Bibl.

industriously

nacional,
MSS,,

20.

Danvila

Collado,p.

Condition social de los

127.-" Col. de

Moriscos,
p.

Abril,1877, pp. 276-306.

342."

Documentos, V, 88, 102, 123." Janer,

Boronat, I,233." Danvila,in Boletin,

CHAP.

DISARMAMENT"

II]

Aragon, the

In

matter

LIMPIEZA

379

confided to the Inquisition.The

was

tribunal of Saragossaissued a decree,November

the Moriscos

4, 1559,forbidding

from

carryingarms, but the nobles appealedto the

Suprema and procured its indefinite suspension.1The question
was
revived,in 1590, but a quarrelwith the archbishop on a
and then the troubles
pointof precedencedelayeditsconsideration,
of Antonio Perez distracted attention. Finally,
in 1593, Philip
II ordered the disarmament,the execution of which was
entrusted
traversed the land and collected
to the tribunal. Two
inquisitors
7,076 swords, 3,783 arquebuses,489 cross-bows,1,356 pikes,
of other weapons.
lances and halberds and largenumbers
Knives
but these increased in size until they became
midable;
forwere
permitted,
after two or three officialsof the Inquisition
had been
them

killed with

when

making

third of

arrests,a royal edict of 1603

ell in

lengthand requiredthem to
The result of these precautions
when the
was
seen
be pointless.2
enforced and the desperatewretches who
edict of expulsionwas
slaughtered.
essayed a hopelessresistance were
cult
of limpiezabrought another
the
absurd
of
The growth
At first there was
to
a disposition
hardshipof no littlemoment.
exempt Moriscos from its exclusiveness. When, in 1565, Philip
II was
tryingconciliation he ordered that leadingand influential
and we have seen
that
Moriscos should be appointedas familiars,
limited them

to

Miranda
Inquisitor

gave

an

commissions

to the brothers

Abenamir.

orders to the

descendants
of
holy
and, in 1573,Gregory XIII extended
Jews to the fourth generation
this to the Moriscos,but the C6rtes of Monzon, in 1564,had decreed
IV

Paul

forbade

admission

to

of Valencia should be
that those trained in the Morisco college
their people,
allowed to hold benefices and the cure of souls among

and

we

are

told that it graduatedsome

doctors

and

and
general,

theology.3Yet
throughoutSpain no
of

descendants of Jews

and

and preachers
good priests

in time

the

exclusion
made

distinctionwas

Mud6jares. In

land where

became
between

of every
this barrier condemned
to
smatteringof education,

career

in

the ambition
was
secular or ecclesiastical,
office,

man

had

obscurity

who

Archivo de Simanfol.62.
Guadalajara y Xavierr,Expulsionde los Moriscos,
T.
Serie
fol. 372." Relazioni Venete,
VI, p. 407.
I,
cas, Inq., Lib. 13,
2 Archivo
Guadalajara y Xavierr,fol.
de Simancas, Inq.,Lib. 940, fol. 296.
417
(Zaragoza,1622).
64." -Lanuza, Historias de Aragon, II,
8 BledsB
Defensio Fidei,p. 372.-"Fonseca,p. 377.
*

"

"

MOEISCOS

380

[BOOK VIII

to stimulating
naturallydevoted their energies
disaffection and provokingrevolt. Navarrete,as we have seen,
of the expulsionwould have been
thinks that the necessity
even
ized,
that the Moriscos could have been Christianaverted but for this;
themselves with
to identify
if they had had the opportunity
in placeof being driven
the nation and to share in its public
life,
and to hatred of religion
to desperation
by the indelible stigma

able

who

men

them.1

imposed upon

baptism of Morisco children furnished a perpetualsource

the
to ensure
were
irritation. Rigid regulations
prescribed

The
of

vation
essentialto their sal-

administration of the sacrament,as it was

jurisdiction.
subjectto inquisitorial
but
in every
allowed to act as midwife,
No Morisco woman
was
villagethere was a Christian midwife, carefullyselected and
under a fine
instructed. She kept watch on all pregnantwomen,
renderingthem

and to

of

hundred

infant to the

reales for every

case

breast,her first duty

after
alguazil,

which

she

household
indispensable

was

duties.

or

washed

the

to

the
putting

notifythe priestand

The

baptism was
careful registers
were
There

save

for

performedthe
kept,so that

is doubtless truth in the

returninghome, the
spots touched by the chrism,in

universal assertion
and

was

After

not to leave the bed-side

the next, and

identification could be secured.

day

same

she missed.

that,on

father

scraped

the belief that

therebyeffaced the sacrament.2

of infinitetrouble.
The Church had
Marriagewas the source
unions within the fourth degree of kinshipand, by
prohibited
it had complicatedand enlarged
the
affinity,
inventingspiritual
incestuous area while, by assumingfor the pope the profitable
it admitted that the restriction
of selling
dispensations,
power
was
purelyartificial.Among the Moors, marriagebetween first
cousins was permitted
and, as the Moriscos dwelt confined in their
isolated villages,
without power to change
Morerias,or in small,
had created such
intermarriage
domicile,
throughoutgenerations
that unions lawful under the canon
complexity of relationship
have been exceptional.We
law must
have seen
the question
raised in the Concordia of 1528, with the result that existing
for,but that future ones
marriagesand betrothals were dispensed
he

1
2

de Monarquias,
Navarrete, Conservacion
pp.
951-2.
Bleda, Cor6nica,pp.

51-3

(Madrid,1626).

the rectors
we

are

381

MARRIAGES

virtual

impossibility;
sought to make their subjectspurchase dispensations,
told that they rarelydid so; that,in some
they
places,

conform

must

but

PROHIBITED

II]

CHAP.

to the

canons.

This

was

merely told the lord that the partieswere of kin and that,if he
the marriagewould take place an indifference
made no objection,
than one noble was
for which more
prosecutedand publiclypenanced.1
there could have been no
Under such circumstances,
and the union was
Christian marriage-rites,
binage,
legallypure concuthe Council of
at best clandestine marriage,which
or
Trent,in 1563, pronouncedinvalid.2 It was probablythe conciliar
definitionsthat induced the Cortes of Monzon, in 1564, to petition
"

should be afforded for

that facilities

from
obtaining
dispensations

the requiCruzada,who possessed

site
of such unions should
and further that the offspring
faculties,
To this not unreasonable requestthe bishops
be legally
legitimate.
in 1565, replied
of the Council of Valencia,
munication
excomby threatening
aU marrying within the proand other penalties
on
hibited
all
evasions
concerned
in
of
the
and
canons.3
on
degrees,
admitted to be of supreme
The matter was
universally
tance,
imporand protreated with the customary negligence
but it was
crastinat
II represented
in 1587, Philip
itto Sixtus
At length,
to the
January 25, 1588, granting
V, but he only obtained a brief,
Valencia bishops,for six months
only,facultiesto validate such
the children and absolve the parents in
marriages,legitimate
to
with salutary
penance, for allof which no fees were
utroqueforo}
took much
that the officials
interest
be exacted. It is not likely
in performingthis gratuitous
labor,or that the Moriscos,even
if they chanced to hear of the brief,
exposed themselves to the
of the Santa

the Commissioner

which it entailed. The last recorded action in the

annoyances
in 1595, resolved to apply for another brief
matter is that Philip,
He
doubtless obtained it with the same
nature.
of the same

nugatory result.4
to eat no meat slaughtered
The Moorish rule,
by the uncircumtroublesome intermeddling.
made the pretextfor some
was
cised,
In the Granada

decree of

1526, Charles V forbade all slaughtering

by Moriscos,in placeswhere
1

Fonseca, p.

C. Trident.

was

an

Old

where
Christian;

Cf. Bleda, op. tit.,

p. 905.
Sess. xxrv, de Reform, Matrim. C. 1.
72."

Danvila

Bulario de la Orden

there

Collado,p.

169.

de

"

Aguirre,Concil. Hispan.V,

Lib.
Santiago,

nr, fol.

418.

101,102." Boronat,I, 661,

[BOOK

MOEISOOS

382
there

the

none,

was

to

was
priest

office.1 Little attention appears to have

issued an
matter, until Archbishop Ribera

the

This

Christian.

Old

that had

eatingmeat

Moriscos from

and, in 1579, the Suprema

Inquisition
tribunalfor
with

done

the edict

been

not

on
trespassing

was

the

the

paid to the
edict prohibiting
by an
slaughtered
of the
jurisdiction
the Valencia

called upon
The

matter.

same

of Orihuela had

tribunal

that the Moriscos would

except in a few
Christians,

by Old
slaughtered
by theirlords.
compulsion

repliedthat
eat

obeyed, but

was

perform

been

what Bishop Gallo

including
report,

regardto

to

a person
designate

VIII

no

meat

places,under

for
edict oughtto be perpetuated,
proof of
of a Christian butcher was
the refusal to eat the meat
In Orihuela
by the Inquisition.
prosecution
The

requiring
suspicion,

Aspe had been properly

for which the Murcia
the Moriscos refused to eat of it,
slaughtered;
of them, leadingBishop Gallo to
tribunal punisheda number
should be done
order that, at Aspe and Nobelda, the butchering
this which led to general
by Old Christians. It was probably
forbiddingMoriscos to follow the trade of butchers,
legislation

there

was

or

even

as

1595?

doubt

to

whether

killed at

cow

kill a fowl for

sick man,

repeatedas

law

late

of interference with
exasperation
perpetual
of their lords and the
their habits and customs, to the oppression
to rise in
denied all opportunity
of the Inquisition,
persecution

Subjectedto

the

forbidden to enjoy the faith of their ancestors,

the social scale,
trained to hate the religion
imposed on them, and
while sedulously
of
despairing
cos

were

reliefin the

future,it is no

wonder

discontented subjects,
eager to throw

yoke and

their oppressors.
to rise against

but littlemore

than half

million of

that the Moris-

off the

able
insupport-

ever,
They were, how-

weaponlessand
souls,

of eightor ten millions a negligible

in a population
untrained,
in the
quantityin the vigorousdays of Ferdinand and even
The Spanishmonarchy, however, had
earlier years of Charles V.
"

squanderedits strengthon

distant

even
enterprises;

before the

the exhaustive effort

fearful drain in the Netherlands,
showed that it was
to crush the Moriscos of Granada

Nueva

Recop., Lib. vm,

Boronat, I, 589." Bledse

Tit.

required
already

ii,ley 13, cap. ix.

Fidei,pp. 57, 42t?l.-~Dnvila, p. 230,

Defensio

CHAP.

RAVAGES

II]

ON

THE

COAST

383

That episode
was
a warning which
bankrupt in resources.
ish
Spanstatesmanshipmight well take to heart,and, year by year,
the fear grew greaterof what might be the fate of Spainif internal
enemies
There

should unite with external.

had

long been

source

of humiliation and

annoyance,
in
of
Moorish
the
corsairs
though
danger,
ravages
alongthe southern coast,for which the Moriscos were held responsible.
taining
mainUndoubtedly they aided by conveyinginformation,
not in itselfof

relations with

Barbary, and availingthemselves of the

razzias to escape thither when they could,but the primary fault
of a policy,
with foreign
so preoccupied
layin the incredible fatuity
ambitions and the fatal Burgundian*
that it neglected
inheritance,
the protection
of the Spanish shores,until it became
a
proverb
that these

the Indies of the Turkish and Moorish

were

Complaintsof
tion of Granada

century,while

spasmodic and

these ravages
and continue

with the

commence

sea-rovers.

Christianiza-

for more
than a
uninterruptedly
the measures
to guard againstthese attacks were
miserablyinsufficient. Boronat gives a list of

thirty-threedescents,between

1528

and

1584, but this

cannot

landingsfrom small vessels to carry

be gathbands of Moriscos and such pillage
as could hastily
ered
away
littleraids such as that picturesquely
described by Cervantes,
with its characteristicfeature of the fortifiedchurch,in
defended themselves,
which the Christians of the sea-coast village
In the larger
while the Moriscos eagerlyhurried to embark.1
the Moriscos sometimes
escaped in considerable
expeditions,
In 1559, Dragut carried off twenty-fivehundred; in
numbers.
1570, all those of Palmera were taken; in 1584, an Algerinefleet
removed
hundred, and the next year another fleet
twenty-three
allof which was exceedof Callosa,
ingly
took away the whole population
damaging to the lords who lost their vassals.2
unresisted and unavenged,for the
These raids were
practically
coasts were
as in 1519,
Occasionally,
unguarded by land or sea.
include the innumerable

"

few hundred

troopssent,when

we

hear of

an

expectedhostile fleet: sometimes

the central government and the

news

received

of

between
negotiations
exposedprovincesto main-

there

were

Boronat, I, 208-12." Escolano, II, 1746-68, 1798-1810."

munda, Lib. n, cap. xi.

2
Danvila y CoUado, pp. 161, 182, 205, 207.

was

Persiles y

Sigis-

CHAP

CONSPIRACIES

II]

385

condition of

Granada, declared that if some

daringpirateleader
should march into the interior,
the population
would rise and, as
Ferdinand
was
occupiedwith the conquest of Navarre, all would
go to ruin.1

In

that the Moors

1519,there
of

was

Algierswere

concert with the Moriscos.2

in Valencia

scare

over

to seize the

coming

It is somewhat

report

kingdom,

remarkable

in

that,when

discovered in 1528,the eagerness of the Valencia

tribunal to defend its jurisdiction
actuallyled it to protectthe
a

conspiracywas

conspirators.The authorities had arrested Pere de Alba and his

mother-in-law
Isabel,as the leaders of the plot. The tribunal
claimed them as apostatesand, when theywere sent to itfor examination,
itthrew them into its prisonand refused to surrender them,
them as essentialto unravelling
althoughthe viceroydemanded
the details of the conspiracy.Cardinal Manrique was
obliged
his surprise,
courier with a letter expressing
to despatcha special
the

as

safetyof the

the tribunal

state

only gave

the firstconsideration,
but

was

them

up with

then

even

warningthat they must

not

to suffer in life or limb.3

be made

PhilipII returned to Spain,in 1559,he called for a report

and the information submitted to him comprised
the Moriscos,
In 1565, a
of a plotwith the Turks for an invasion.4
account

When
on
an

of arrests

number

were

made

charges of treasonable

on

spondence
corre-

that thirty
Turk, and it was publicrumor
Moriscos were
thousand
awaitingonly the capture of
enrolled,
Malta to rise in aid of an invasion. The French ambassador,
who
reportedthis,subsequentlyadded that the story of the
but the Moriscos were
so
badly
contradicted,
conspiracywas
that despairmight readilylead
treated by the Inquisition
with

them

to

Ger6nimo
envoys

the

rise in

arms

aid

the

Spain as

was

that there

showed

was

but, on
apprehended,

with the aid of five or six hundred

1567, the trial of

with a letterurgingthe Moriscos to

Algiers
plansto organizeand arm them.6 It is true that

the rebellion of Granada

In

the ruler of

with
rise,
together

Turk.5

revealed evidence of
Roldan, by the Valencia tribunal,

from

to invade

to

Moors

and

such eagerness
the other hand if,
no

Turks, the insurgents

2
Escolano, II, 1448.
Angler.,Epist.499.
4 Danvila
y Collado,p.
Boronat, I, 179.
13.
de
Fourquevaux, I, 8,
Dep"ches de M.
hist, national,Inq. de Valencia,Leg. 30.
Archive

Pet. Mart.

VOL.

ni

25

158.

[Book

MOEISCOS

3gg

had taxed to the utmost

of the

the power

kingdom,what

VIII

the

was

of the sea, should

well-armed fightingmen?

holdingcommand
prospectif a powerfulfleet,
land

heavy force of trained and

During

SigismondoCavalli,
dom
Barbary would involve the king-

the Venetian
rebellion,

the

that assistance from

pointedout

envoy,

about six hundred

for there were
greateststraits,
thousand Moriscos to help an invader. So, in 1575, Lorenzo
them at four hundred thousand,described them
estimating
Priuli,
increased
constantly
of perpetual
danger.1 The peril
as the source
that,through the drain
recognized
with time. It was universally
in the

the external wars, and the growth of the celibate

colonies,
bers,
clergy,the Old Christians were constantlydiminishingin numthe material
rapidlyincreasing;
while the Moriscos were
of Spain were
becoming
the militaryresources
and especially
graduallyexhausted,and Spanish statesmen looked forward
anxiouslyto the time when, as Fray Bleda tellsus, the Moriscos
to reconquer the land with the aid of the Moors
hoped eventually,

to the

and Turks.2
Nor

able control of

under the

of France
pacification

this all for,with the

was

before them

Henry IV, there loomed

and

new

of vengeance
to
in alliance
He was
his opportunity.
but awaiting
pay, and was
to Moslem
as
with the Turk and had no conscientious scruple
more

dangerousenemy.

aid.

Even

as

Henry had

earlyas 1583, while

as

long debt

yet he

was

only King

of

Navarre, there was a scare over an asserted combination between

him and the Turk, for an invasion in combination with the Moriscos, which

led the

Saragossatribunal
to

plotsfor

Suprema,in January,1584,to
a

report on

rebellion.3 This

order from

allthe evidence in the records

was

furnished in detail and

the
as

shows

since 1565, to
anxieties,
which the disaffectionof the Moriscos had givenrise,and their
correspondencenot only with the Barbary States and the Turk,
but with the French Huguenots. A portionof the evidence was
undoubtedly manufactured by the spiesin the pay of the Inquisition,
of
to
show
that
but there was
genuine
enough
plotsand
foot among
the Moriscos. Henry
were
on
constantly
intrigues
the incessant

and
vigilance

constant

Relazloni Venete, Serie I, T.

Bledse Defensio Fidei,pp. 272, 276, 285.

Archive

hist, national,Inq. de

VI, pp. 165, 241.

Cartas
Valencia,

del

Leg, 5, fol. 192.

Consejo,

CHAP.

CQNSPIEAGIES

II]

quiteready to

IV

was

his

plansfor

387

utilize their disaffectionin furtherance

the overthrow

of

Spanishmonarchy and, in 1602,

he entered into negotiations
with them, throughthe Marshal Duke
de la Force, his governor in Beam
and Navarre.
They promised
to raise eightythousand
and
deliver
to
three
of
men
one
cities,
them a seaport and, as an earnest of their resolve,
they paid to
la Force, at Pau, in 1604

of the

1605,a hundred

or

ducats,but Henry decided

and the plan was

Then,

in

throne

of

came

Moriscos

Morocco,to

if he would

men,

moment

twenty thousand

was

not

favorable

postponed.1

1608, there

of the Valencian

that the

and

whom

fresh alarm

through negotiations
with Muley Cidan, a pretenderto the
they promisedtwo hundred thousand
a

bringtwenty thousand

certain Hollanders

agreed to

and seize a

seaport,while

furnish

transportation.
PhilipIII
sendingthe reportto the Royal

impressedwith this that,in

Council,he ordered it to consider the matter to the exclusion of
everythingelse. He admitted the defenceless condition of Spain;
I had his
Muley Cidan was its declared enemy; Sultan Ahmed
hands free from the war with Persia and had suppressedhis own
exhausted
and ripe for
were
rebels;Spain'sItalian possessions
revolt,while at home the Moriscos were impatientfor liberation.
was

so

The

Council

therefore ordered

was

to consider the

means

butcheringthem all.2
Muley Cidan rejectedthe
passed away;

of preserving

peace, short of
This

scare

overtures, and

Ahmed

sent

the coasts
his fleetagainst

Morisco
of

Italy.

impressionremained,however; the final impulsionhad been

given,and thenceforth the expulsionof the Moriscos was only
and opportunity.Its execution can
scarce
a questionof means
be said to have been premature for,althoughthose of Valencia
of 1609 and those of Aragon in the
were
deportedin the autumn
spring of 1610, Henry IV stillrelied on those who were left to
aid him in his plansfor the destruction of Spain. A part of his
designwas an invasion by la Force with ten thousand men, trusting
had
of the Moriscos,with whom
to the cooperation
negotiations
The

been resumed.

La

Force

was

in consultation with

him, and

was

de la Ferronerie,
on May 14,1610, when, in the Rue
carriage
evidently
knife of Ravaillac gave Spain a respite.8It was

in his
the
1

M"noires

du Due

de la

Force,I,217-20,

339-45

(Paris,1843). Escolano, II,

"

1811-18.
2

Janer, p. 274.

M"noires

de la Force, I, 217, 221-2.

[BOOK VIII

MORISCOS

388

imperfectand that Spain

sador
French AmbasThe Baron de Salignac,
stillan easy prey.
was
wrote to Henry, May 2, 1610, that no
at Constantinople,
enough remained
Moriscos had been banished;
matter how many
the

supposed that

to

expulsionhad

been

that elsewhere could cost

give the Spaniardstrouble;war

would not there cost

crown

find it

Spain would

be to raise

would

maravedi, and when

difficultto raise

more

doubloon

it should

maravedi

begin

than

turned

elsewhere.1 As events

a
^

it

out,

showing
crippled
how, in the estimation of her enemies,Spain had fatally
Morisco
subjects.To the
herself by the mismanagement of her

these

but they
speculations,

vain

were

It

extrication

imperativeat

was

whatever

readilybe believed that the

can

interest

of the time the situation had

Spanishstatesmen
which

have

as

become

one

from

cost.

had

matter

long before

PhilipII and his counsellors.

his rule over
in Lisbon
consolidating
As early as 1581, when
Portugal,he formed a junta of his chief advisers to formulate
That which they reached was the merciful
a definiteconclusion.
of

one

sendingto

sea

desire to

did not

or

solicitudeof

the earnest

awakened

all the Moriscos who

would

remain,embarking them

not be catechised
on

worthless

ships

deemed
for it was
unwise to add to
scuttled,
the fleet
resolved that, when
the populationof Africa;it was
returned from the Azores,the plan should be executed by Antonio
it was
wanted in Flanders,
de Leyva but, when the fleet arrived,
abandoned.
When, in 1602, PhilipIII was
and the project
was
informed of this,he expressedhis pleasurebecause it justified
which

what

to be

were

then in

was

contemplation.2

Ohaves, confessor of PhilipII,was a member

Fray
conscientious scruples
of the junta,there could have been no

Diego de

As

concerningthis wholesale murder. The Church for centuries

the penaltyfor heresy;this was
had taught that death was
past
discussion and

was

short of it was

forth in
in Rome
1

353
2

grace

undeserved

Ambassade

en

mercies

of course, so that anything

the galleys,
the mines;
slavery,

matter
"

should feel grateculprits

ful.
all theologians
taughtand so Fray Bleda learnedlyset
his hideous book, the DefensioFidei,which was approved
and was
after careful examination,
printedat the ex-

were
castration,

So

as
accepted

Turquie

for which

de Jean

(Paris,1889).
Danvila

Collado,
pp.

250-4.

de

the

Baron
Gontaut-Biron,

de

Salignac,II,

CHAP.

DELIBERATIONS

II]

389

pense of PhilipIII.1 Yet,for the honor

souls who
said that there were
a few rare
love

spread by

be
from

memorial

and

humanity, it must be
held that religion
should
of

so
assume
charity at least we
may
presentedto the Lisbon junta,settingforth that
"

of conversion had never

the proper means
yet been tried;that the
had failed throughthe use of violence,
for the disease was
not
cure

lay in the methods adopted; Christ had

the apostlesto convert
the world by preaching the

and

incurable
forth

sent

the

fault

the effort should

gospel,and
would

who

use

it

and

and the absence

of coercion

proposed a

exemplary life,
gentleness.The memorial

love and

with

preach
calmly and temperatelythe

recited
in the

be to find teachers of

series of

mistakes

that had

of instruction and

measures

which

show

been

made

persuasion,

that the writer

task,the essential condition

selves
that those entrusted with it should persuade themof which was
not impossible. The junta contented itselfwith
that it was
proposingthat,if the king so desired,the memorial could be sent
tion
of Valencia, Aragon and Granada, for examinato the prelates
was

familiar with the difficultesof the

and

report. It

to have

seems

been

so

sent, but only two

Archbishop Eibera

repliedwith the
thinning
alternative of immediate
expulsionor, what would be better,
out the Moriscos by appointinga body of special
inquisitors,
until
should
be so few
there
who should execute
speedy justice,
left that they could be expelledwithout trouble,thus calmly
are

answers

proposingto

on

record.

burn

men

and

women

by

the

hundred

thousand.

suggestionof the Inquisitorof

foundland,
de Reynoso, who favored expulsionto NewValencia,Ximenez
who should receive allotments
under the guard of soldiers,
similar to those of the conquistadores
of land and vassals,
Such an expulsionaverted the danger of
World.2
in the New
increasingthe African populationand was recommended, with
addition,by Martin de Salvatierra,
characteristically
a
savage
Bishop of Segorbe,when, in 1587,his advice was sought by Philip.
He responded by a long and brutal attack on the Moriscos,and
to Newfoundland, where they would
speedsuggesteddeportation
shade

less ferocious

the

was

Bleda, Cor6nica, p. 928; Defensio Fidei,pp. 13-14, 502.

Boronat, I, 291-4, 596, 603-4." Danvila y Collado,pp. 196-200.
elaborate form, was
more
presented
The
memorial, in a somewhat

1
*

conference
it to be

of

bishopsin

founded
hallucination,

on

to

the

22, 1608, when Ribera pronounced

ignorance Boronat, II, 132, 493 sqq.

Valencia,November

"

[BOOK

MOEISCOS

390

VIII

taken of castrating
were
if the precaution
ilyperish,especially
ailthe males, old and young.1
It is to the credit of PhilipII and his counsellors that,after
tain
the failure of the Lisbon projectof 1581, they refused to enteradvisers. The
of their ecclesiastical
the inhuman
suggestions
and over
again,in
continued to be threshed out, over
matter
and in
repeatedjuntas and councils,in innumerable consultas,
to perfection,
of^endless
the system, which Philiphad reduced
^

talkingand

served

writing,which

as

an

excuse

for inaction.

such as reducingall the

discussed,
sending the able-bodied to the galleys,
or
Moriscos to slavery,
forgedto the front. In this
but the idea of expulsion
gradually
it is refreshing
confused tangleof prejudice,
passionand fanaticism,
statesmanlike view, expressedin a
with a more
to meet
letter of the royalsecretary,Francisco de Idiaquez,October 3,
by the king,from
1594, concerning a paper, submitted to Mm
zealous but unpractical
person, who argued that the existing
some
which would be relieved
from
overpopulation,
scarcityarose
by the expulsionof the Moriscos. So far from this beingthe
inhabitants than for the last
case, said Idiaquez,Spain had less
One

device after another

two

or

safe

as

was

three centuries. If the presence

there was not a
it was profitable,

of this vile
corner

race

were

as

of land that should

placedin their hands, for they alone would bringfertility

which would reduce the price
and plentyby their skilland thrift,
and with them that of other products. Cheapness
of provisions
but by dense,if the people
not caused by scanty population
was
the result of the vice,the idleness,
would work; the highprices
were
the luxury and the excessive superfluities
indulgedin by all
not

be

classes.2

panic fear entertained of the Moriscos is reflected in an

elaborate memorial
presentedto PhilipIII,on his accession in
1598,by the Marquis of Velada,who had been his tutor and was
his mayordomo mayor, seriously
urgingSicilian Vespersto prevent
them from adoptingthe same
expedient.3Yet the simpler
solution of allowingthe irreconcilablesto departwas not without
its advocates,and at one time came
to adoption. In 1598,
near
Don Martin Gonzalez de Cellorigo
submitted to Secretary
Idiaquez
The

Boronat, I, 610-34.

Danvila

Boronat, II, 64.

Collado,p.

227.

CHAP.

DELIBERATIONS

II]

391

permittedor requiredto leave

their abjtiring
the rest throughoutCastile,
on
Spain, scattering
and subjecting
them to the restrictionsimposed on
their heresies,
Even as late as 1607,the Junta de Tres,
the exiles from Granada.1
in a
to which the whole affair of the Moriscos had been entrusted,
consulta of January 1st,favored the plan of allowingall,who
would not accept Christianity,
to betake
themselves to Barbary,
of the objection
that this would increase
pointingout the futility
of the Moors, and
the
this it repeated,October 29th,
power
adding the suggestionthat the Moriscos of Castile should be
confined to agricultural
scattered and
labor,in all of which
his concurrence.2
Philipsignified
This was
too sensible and humane
to suit the ecclesiastics,
who
rid of the obnoxious apostatesby expulsion
bent on getting
were
and Spain was not to be allowed so easy a solution
or
extermination,
of the difficultiescreated by a century of fanaticism and
policyof the court,
wrong-doing. In the irresolute and vacillating
a final effort was
made, as we have seen, to conciliate and instruct,
the

that they should

suggestion

be

1599, under conditions that rendered it

in 1601, was
followed by the memorials
nugatory. Its failure,
in the Edict

of

of

of Grace

Archbishop Bibera

urging expulsion,and
held
as a juntaof bishops

effortsto convert,such
were
merely to keep the Moriscos
more

III

drastic
and

discussed

his advisers

called upon

details and

and

avoided

an

subsequent

in 1608 and

and in

proposed,duringthe

measures

pondered over
When, under

amused

any

1609,

ignoranceof the

years in which

rediscussed

the

Philip
question,

irrevocable decision.

pressure of the alarm about Muley

his Council of State for an immediate

Cidan, Philip
it
decision,

delayand that the matter

for the Christians,
must not be leftfor the next generation,
through
and religion
and dissolute lives,
were
constantly
diminishing
wars
in numbers, while the Moriscos,throughpeace and frugality,
were
The
natives
alterwould
the
be
until in time they
majority.
multiplying
contente
the disof massacre
or allowing
or the galleys,
or slavery,
to emigratewere
barely alluded to, and expulsionwas
in the minds of all. The external relations of Spain rendered the
The work
and it ought not to be wasted.
opportunitypropitious
the most dangerous
which was
with Valencia,
should commence
admitted

that there had

1
2

been too much

Boronat, I,366.
Ibidem, II, 75, 98-111.

CHAP.

II]

have

the

EXPULSION

in readiness and, at
galleys
instructed to rendezvous

were

after this there

Even

393
the end
at

evidences

were

of

June, the squadrons

Majorca on

August

of hesitation and

15th.

tion,
vacilla-

but the

plan was adhered to.1

Early in August,Don Agustinde Mexia,an officerof highrank,
who
had distinguished
himself at the siegeof Ostend, was
sent
to Valencia,ostensibly
to inspectthe fortifications,
but armed
with fullpowers to carry out the expulsion. He bore a letterfrom
the king to Ribera,expatiating
the influence which the latter
on
had had in leadinghim to a decision.
Ribera had obtained more
than he had bargainedfor. His somewhat
selfishtheoryhad been
the Moriscos from the rest of Spain,those of
that,by expelling
Valencia and Aragon could be controlled,
and he shrank from the
loss and misery to be inflicted on his immediate
surroundings.
late
As
as December
19, 1608, he had urged this view in a letter
to the royalsecretary,
arguingthat they were an injuryto Castile
and Andalusia,while their removal would
be ruin to Valencia
and Aragon, now
the most flourishing
kingdoms of Spain. The
he said,
lived on the provisions
largercities,
broughtby the Morismonasteries,
brotherhoods,pious
cos; the churches,hospitals,
bequests,nobles,gentry and citizens depended on their services
and were
supportedby the censos chargedon their communities;
he often wished

So, when

Mexia

all

such

destruction.2

August 20th,and, after

Valencia,

reached

ence
confer-

ViceroyCaracena, Ribera was sent for and read

he repeatedthese arguments and proposedthat
royalletter,
with
three should join in appeal to the king to commence
with

the

to witness

to die rather than

the

Andalusia.
firm and

When

was

word

conference
a

ended

at 4 P.M., he

courier for Madrid

could write

what

he

saw

would
fit. On

was

still

night
start at midreflection he

obedience,not advice,and he
in time for the courier,
to the palace,
a letter to the king,and
and Caracena, setting
forth that the royal resoto Mexia
lution

concluded
sent

told that
he

when

the

that the

heaven- and

from

came

king wanted

he could not
Still,
poverty. On August 23d he

power.

his urgency

wrote

and, on September3d,he
Danvila

Ximenez,

Collado?
pp.
p. 397

"

further it with

reconcile himself

that commencement

he would

274-86."

to

to the

de
Secretary

be made
said to

prospect of

Prada

lusia
Anda-

and the Domin-

Boronat, II, 506." Jaaer, pp.

Boronat, II,501.

repeating

with Castile and

Fray Bleda

all his

282-91.

[Book

MOEISGOS

394

lean Prior Alcocer

"Padres, we

and herbs and to mend

eat bread

well in the future have

may
our

own

VIII

to

shoes."1

admirablykept,but the mission of Mexia

which
with his rank caused suspicions
a duty so incompatible
on
their
to fortify
grew from day to day. The Moriscos commenced
laboringand bringingprovisionsto the city,
houses,to cease
which suffered in consequence; the nobles broughttheir families to
ing
town to be preparedfor the worst, and Ribera's action in increasment.
his guard and layingin stores of victuals increased the exciteof Nobles,held two or
The Estamento Militaryor House
resolved to send a depuin which it was
three stormy meetings,
tation
to the king to representthe ruin which
expulsionwould
bring upon every class in the kingdom, where eleven millions of
ducats were
invested in the censos
munities.
charged on the Morisco comThe envoys went but,when they reached Madrid,they
too late,for the edict had been
told by the king that it was
were
alreadypublishedin Valencia.2
Everything,in fact,had worked with precision.By September
and fourteen galleons,
of sixty-two
17th the fleet,
galleys
consisting
troops,had reached
conveyingabout eightthousand disciplined
their stations at Alicante,Denia and the Alfaques de Tortosa,
Possession was
and had commenced
taken of
landingthe men.
the Sierra de Espadan, while Castilian cavalryguarded the frontiers.
all was
in readiness,
When
royal lettersto the Jurados,
Diputadosand Estamento Militar were read and, on the 22d,the
edict was
published.
of the terms and the short notice
The comparativeliberality
secret had

The

allowed

manifest

been

the

sense

of weakened

Under
irremispower.
after publication
in the several

death,within three days

all Moriscos were
to departfor the port of
towns and villages,
embarkation
designatedby a commissioner. They could take
such portableproperty as they could carry on their backs; they
would find vessels ready to carry them to Barbary and would be
fed on the voyage.
During the three days all must remain at
home
awaitingthe orders of the commissioners and, after that,
sible pain of

any

absent

one

comer

As the

and

carried to

king gave
1
2

his domicile

from
a

or
magistrate

could be robbed

by the first

be slain if offering
resistance.

to the lords all real and

personalproperty not

Boronat,II,501, 167." Bleda, Cor6nica,

p. 988.
Guadalajara y Xavierr,fol 109." Fonseca,pp. 148-58.

CHAP.

EXPULSION

II]

395

carried

of houses or harvests or hidingof portable

off,any firing
thingswould be punishedby puttingto death all the inhabitants
of the place. In order to preserve the houses,the sugar mills,
the rice crop and the irrigating
six per cent, of the Moriscos
canals,
allowed to remain.
The same
were
permissionwas givento those
who, for two years, had lived among Christians without attending
the meetings of the aljamas,as well as those admitted to communion
ing
by their priests.Children under four years of age desirof parents or guardians.
to stay could do so, with consent
Children under six,whose fathers were
Old Christians,
to
were
stay, togetherwith their Morisco mothers: if the father was
a
Morisco and the mother an Old Christian,
he was
dren
to go and chilunder six were
to stay with their mother.
Sheltering
fugitives
of
under pain of six years
and all
was
forbidden,
galleys,
soldiers and Old Christians were
forbidden to insult or
strictly
injureMoriscos by word or deed. As an evidence of good faith,
after every instalment had been carried to Barbary, ten were
allowed
had

to return

and

reportto their fellows what their

treatment

been.1

followed by days of anxious

was
publication
suspense.
hated
The people,we are told,
for
both
Moriscos
the
they
rejoiced,
and the nobles,and there were
symptoms of a risingagainstthe
the ruin of their lands and the
latter. The lords grievedover
communities
the loss of their enormous
investments
over
religious
inclined to resist and, after
The Moriscos at firstwere
in censos.
to the viceroy,they sought to arm
largesums
vainly offering
and reaping-hooks
into pikes,
themselves by forgingploughshares
their onlyweapons.2 Then suddenlytheir
which with slings
were
awed by the largebodies of disciplined
purpose changed. They were
A meeting
troops and by the cavalryon the border.
in which it was
held of their alfaquies and leaders,
was
agreedthat
their children
resistance was
hopelessand that,in case of defeat,
while prophecies
talked
would be brought up as Christians,
were
of which promised an unexpectedblessing.Consequentlyit was
the six per cent, allowed to
resolved that all should go, including
remain, and that any one who stayedshould be regarded as an
The

apostate. This had such

to

an

effect that those who

to be included
largesums
stay, althoughasked to name

Janer,p.

299.

had

been

in the six per cent, now

their own
terms.
The

ing
offer-

refused
Duke

Fonseca, pp. 165,

198.

of

[BOOK VIII

MOEISaOS

396

could get no
sugar crop and who
vainlyoffered whatever they
other skilled labor to work his mills,
might ask. The only condition they would accept was the free
the Duke
appliedto the viceroy,but
exercise of their religion;
had

Gandia, who

enormous

an

declared it to be

Ribera

grant,for they were

nobles,for the most

to

pope
The

beyond the power of king or

baptized.1
part,loyallyacceptedthe situation

concession

The

and aided in the execution of the decree.

who,

next

of

to the Duke

wrote

Marquis of
them, whom

to the

Santa

Segorbe,had

October
'king,
Cruz

had

the

9th, that

embarked

of Gandfa

Duke

largestnumber
on

of

sals,
vas-

September 28th

the

five thousand

of

for him

the apprein order to quiet

hensions
first,
To protect
of the rest as to the safetyof the voyage.
the Duke
of the nobles
their vassals,a number
and reassure
of Gandia, the Marquisof Albaida and others" accompaniedthem
of Maqueda
them safelyon shipboard,and the Duke
and saw
sailed with them to Oran, the pointof debarkation.2 All,
even
he desired to be the

"

Bishop Balaguerof Oriself-sacrificing.

theirvassals
were
October 31st,that some
retaining
huela reported,
commissioners
by threats or by force,and that,unless energetic
would be kept.3
were
sent,many
The Moriscos objectedto abandoning their personaleffects
what they possessedinto
to their lords and sought to convert
but many insisted
others permitted
Gandia and some
this,
money.
their rightsand, on October 1st,the viceroyissued a proclamation
on
imminent
led
this
all
to
b
ut
danger of
forbidding sales,
however, were

not thus

The land became

unia versal
wisely abandoned.
sold
fair in which stock,produce and household gear were
The
at a fraction of their value, and finally
were
given away.
while the exiles were
Grao or port of Valencia,
awaitingfair winds,
Moorish garments, rare embecame
a bazaar,in which
broideries,
exquisite

rebellion and

was

rich

gold and

silver laces and the like were

bought for

song.4

As

soon

as

the firstshock

was

over, of

abandoninghome

and

the prospectof reaching

where they could openly
a land,
possessions,
Fonseca, pp. 199 sqq. Archive de Simancas,Inq, de Valencia,
Leg. 205,
fol. 2.
Bleda, Cor6nica,p. 1000.
3 Danyila
y Collado,p. 301," Fonseca,p. 219.
8
Boronat, II,240.
4
Fonseca, pp. 202 sqq., 219." -Janer,p. 203." Bleda,Cor6nica,p. 1004."
Boronat, II,210.
1

"

"

CHAP.

EXPULSION

II]

professtheir faith

397

stimulated
paralyzingoppression,
them to intense eagerness to leave Spain. They contended
for
placesin the first embarkation,and the commissioners had no
trouble in assemblingand leadingthem to the designatedports.
Troops escorted them to protectthem from the savage greed of
the Old Christians,
who
gatheredin bands, robbing and often
manding
murdering those whom
they encountered.
Royal edicts comswift justice
were
issued,
gallowswere erected alongthe
roadsides and executions were
but it was
impossible
numerous,
of this the Moriscos pressedforward
to preventoutrages. In spite
the

to

and

Alicante

At

shores.

thankingAllah for the

which
fathers,

escape

they

happinessof

came

with

music

and

song,

to the land of their

returning

suggestshow

simplea solution of the questionit

would have been to permit the emigrationof the discontented.
the royalfaith,
to charter ships
Many, indeed,distrusting
preferred
and pay for transportation,
which was
encouragedby providing
elaborate regulations
their safe passage
to ensure, as far as possible,
and fair treatment.
All the Spanish ports were
ordered to send
those which
their shipsto the Valencia coast,even
discharging
were
loaded,and all arrivals were pressedinto service. Seeing
broken after the
this eagerness, the promise of free passage was
firstembarkation,and the royalgalleys
chargedthe same fare as
for all over
reales per head
the privatevessels seventy-five
In all there were
sixteen and thirty-five
three
for those younger.
and
including,
embarkations,occupying about three months
accordingto listskept at the ports,over a hundred and fifty
"

thousand

souls.1

This eagerness

who,

many

not

to go was,

on

preferredthe chances
they soughtrefugein two
peak in the Val del Aguar, where their numbers
at from

Muela
Mexia
1

There

were

in the

royal
of resistance. Gathering into
one
easilydefensible positions,

felt littleconfidence
unreasonably,

faith and
bands

however, not universal.

fifteen to

were

oned
reck-

twenty-fivethousand, and the other in the

said to be nine thousand.

Cortes,where there were
paidno attention to them, until the business of embarkation
de

Fonseca,pp.

1005-7, 1020."

212-22."

II,1988." Bleda,Cor6nica,pp. 999,1001-3,

Escolano,

Boronat, II,234.

at
by the Valencia tribunal,puts the number
at Valencia,
the more
moderate
17,766;at Alicante,32,000;
figureof 100,656,viz.,
and
at
at Denia,30,000;at Vinaros,15,200;
Moncofar,5,690. Archivo de Simancas, Inq. de Valencia,Leg, 205, fol. 2,

report,apparentlydrawn

up

"

[BOOK

MOEISGOS

ggg

VIII

nearlyconcluded,when they were readilyreduced. In the

of the weaponlesswretches,rather
Val del Aguar it was a massacre
Moriscos were
slain and only one
than a battle;three thousand

was

Spaniard,Bautista Crespo, who

starved,frozen
survivors,

The

embarkation,but

to the

conducted

were

exhaustion

stolen

were

firelock.

own

surrendered
dying with thirst,

perishedof

many

and children

women

many

and

28th,and

November
discretion,

at

killed by his

was

the

on

port of

road and

by the soldiers and sold

as

slaves,while of those who embarked but few reached Africa. At

the Muela de Cortes they surrendered on promiseof safetyto life
and property,provided
they embarked within three days,but the
soldiery,disappointedat the loss of expectedbooty, fell upon
and
them.
brought to the sea-ports,
Only three thousand were
the mountains,where
scattered among
trouble. They had elected as
for a year or two they gave much
king Vicente Turixi,who was tracked to a cave and brought to
18th.
put to a cruel death,December
Valencia,where he was
than

more

He

died

we

are

thousand

two

as

made

good Christian and

told that he had

been

most

most

liberal

edifyingend, for
almsgiverand was

Orders.1
devoted to the Virginand to the religious

This ended

the

only open resistance to the expulsionthroughoutSpain.

of the affair in Valencia,rega ded as
The unexpected ease
for the
the most dangerous district,
quickened the preparations
confined
other kingdoms. Thus far it had been represented
as
to Valencia,but the rest felt that their turn was
to
exclusively
come,

and

remonstrances

which

met

them

mask

was

were

upon
denials and
with equivocating

thrown
gradually

Marquis of

San

showered

German

was

off.

Towards

the

government,
The

assurances.

the end of October

sent to Sevilleto prepare

for the

the
pulsion
ex-

Murcia,Granada and Andalusia. Murcia succeeded

in obtaininga suspensionof the decree, which was
published
for the other provinceson January 12, 1610,after the galleys
and
It gave the exilesthirty
troopshad been brought from Valencia.
days subsequentlyreduced to twenty after which they were
from

"

threatened
Their lands

"

with death
were

and

confiscation without trial or

confiscated to the

king,for the

sentence.

service of God and

public,but they were allowed to sell movable property and

the proceedsin merchandise
jects,
carry away
bought of Spanish subforbidden to take billsof exchange,jewels,
but were
bullion

the

"-1

Fonseca,pp.

234-49.

"

Bleda, Cor6nica,pp. 1009-20." Escolano,II, 1972.

CHAP.

II]

EXPULSION

beyond what

399

needed

for

transportation.They
their children with them, provided they went
to
Christian lands,which
led many
to
charter
sibly
vessels,ostenfor France, but in realityfor Africa.
In spite of the
reports of the cruelties perpetratedin Algierson the Valencia
and many
exiles,
they are said to have gone with cheerfulness,
of them soughtMorocco.
By April,Andalusia was reportedclear
of Moriscos and that a few remained
the coast of Granada,
on
estimated at from
waitingfor vessels. The whole number
was
hundred
to
eighty a
thousand,besides twenty thousand who had
voluntarily
They were reportedto have carried
gone in advance.
wealth with them, which
much
is not improbable,as many,
those of Seville,
rich and prosperous
and held
especially
were
of honor.
A significant
incident was the desire of C6rpositions
dova to retain six per cent, of them
and, when this was refused,
for the retention of two Morisco saddlers,
it petitioned
for the
old and
as they were
encouragement of horsemanship,especially
childless. Apparentlythere were
no
Spaniardscapableof making
or

money,
could take

was

harness.1
there were
It had been
some
Yet, at first,
exceptionsmade.
to the kingthat there were
descendants of Mud"represented
many
converted priorto the enforced baptism,who
jares,voluntarily
were
includingmany
Spaniardsin dress,language and religion,
beatas and persons vowed
to chastity. Accordinglyan order was
issued,
February 7, 1610,to the bishopsto examine all such cases
and reportto San German
those whom
they found worthy to be
retained. This, however, amounted
only to a brief reprieve.
Their cases
referred to the Royal Council and those who
were
did not, within the impossiblybrief term of thirtyor sixtydays,

obtain

favorable

carried
forcibly

in
to
men

were

hunted

like wild

beasts

and

off.2

Expulsionfrom
of

decisions

Castilehad been resolved upon

by the Council

State,September 15,1609, but was deferred to await the result

Valencia. In preparation,
an
attempt was made in October
in five of the able-bodied
one
by enrolling
organizethe militia,
but it
twice attempted in vain by PhilipII
a measure
"

"

Cabrera,Relaciones,pp. 386, 390, 396, 402." Nueva Recop.,Lib. vm, Tit. ii,
ley25." Bleda,Cor6nica,pp. 1038-42." Janer,pp. 295, 296." Of. Bravo, Cat"logo
de los Obisposde C6rdova, p. 582.
2
Guadalajara,fol. 144." Aguilary Caro, Memorial Ostipense,I, 164-66.
(Estepa,1886).
1

CHAP.

EXPULSION

II]

401

the Spaniards yielded,and

correspondence,
allowed to resume
his journey.1

Aragon and
been

Catalonia

next

were

much

disquiet
there,which
failed to allay. The Old

court

taken

the

in hand.

the

glozingassurances
Christians began to

steward

There

was

had

from

the

maltreat

the

Moriscos, who ceased their labors and commenced

to selltheir
movables, while their creditors and holders of censos
became
alarmed

and

voys
proceededto collect their claims with rigor. Ensent to the king from
were
Aragon with an elaborate
memorial
the enormous
detailing
damage to result from expulsion,
and the impolicy of reducingthe diminishingpopulation
of Spain. Philipmade
fruitless efforts to prevent the mission
from coming, and when
it came
it was
put off with reassuring
generalities.2
The edicts for Aragon and Catalonia were
the same
as that for
in
two points. The Catalan one
retained children
Valencia,except
under seven
goingto infidel
years of age, whose parentswere
lands,which led them to make their way through France to Barinduced by the expense of the Valencia
bary. The other exception,
the cost of which had been swelled to eighthundred
expulsion,
thousand
ducats,threw upon the exiles all the charges,not only
of the journeys and voyage,
but the wages of the superintending
officialsand half a real per head as export duty on what they
carried with

them, all

of which

amounted

twenty-fourreales
The rich were
at the Alf aques de Tortosa.
requiredto pay for the
unmerciful in their exactions,
poor, and the commissioners were
them

making

pay

the trees in their

them

as

wages
edicts

for the water

than

more

in the brooks

and

the shade

of

journeys,besides exactingfrom

long summer

much

to

was

due.3

in Saragossaand
publishedsimultaneously,
Barcelona, on May 29, 1610. No resistance was attempted,but
which moved
their persecutors
there went up a cry of despair
even
Christians and would
that they were
to compassion;they protested
die as such, even
though torn to pieces,but it was too late for
The

were

Bofarull y Broca, Historia

p. 402."
Watson's

III, 272.
espafiola,
Cabrera,Relaciones,
de Catalufia,
VII, 292 (Barcelona,1878).

de la Civilizacion

Tapia,Historia

"

"

B.

PhilipIII,Appendix
Lanuza, II, 49. Bleda, Cor6nica,p. 1045. Danvila y Collado,p. 311."
Guadalajara y Xavierr,fol. 124-8.
8
Janer,p. 280." Boronat, II,298,301,596." Bledse Defensio Fidei,pp. 602-6,
Watson's
612-18.
PhilipIII,Appendix B. Guadalajaray Xavierr,fol.135-41.
2

"

"

"

"

VOL.

in

2"

[BOOK

HOEISCOS

402

VIII

in bands of from one to four

this,and they were led submissively
thousand souls,without guards,althoughthey suffered severely
spair
the Old Christians. This apathy of dehave been
as resistance would
most fortunate for Spain,
was
The troops, debarked at the Alfaques
with difficulty.
overcome
left Italy;after vainly
de Tortosa, had not been paid since they

from

the

brigandageof

clamoringfor their money,

who
officers,

fain to

were

but the

they disbanded,leavingnone

gathertogethersuch

raw

recruits

as

of exiles was
mated
estinumber
they could find. From Aragon the
thousand.1
thousand and from Catalonia at fifty
at seventy-five

France
it

was

inundated by the

emigration.Henry

and, in February, had issued

an

IV had anticipated

permitting

ordonnance

the Catholic faith to settle in the lands

those who would profess
and Dordogne, while shippingshould be
the Garonne

beyond

to sail for Barbary.2 Under this the

providedfor those desiring
nation
from Castile had been taken care of,but his assassiimmigration

in

and there
May threw everythinginto confusion,

the
them

thus

no

thousand from Aragon,

twenty-five
passedthrough Navarre, or soughtto make their way over
La Force, after some
delay,arrangedto admit
mountains.

for
preparation

who

was

the

twenty

or

not to oppress the population

of the steriledistrictthrough which they had to pass, and

in bands of

thousand each, so

towards
on
they struggled

as

Marseilles and

other

ports where

shipping.3
that was
one
There was
body, of some fourteen thousand souls,
refused admission to France, after they had reached Canfranc,the
last Spanishtown on the mountain road over the Pyrenees. They
to go to France,
ducats for permission
had paid fortythousand
and the expense
besides the export duties on what they carried,
Forced to turn back
of the commissioners in charge of them.
of them sickened and
so
the long road to the Alfaques,
on
many
feared that they would bring
heat that it was
died in1the summer
to the ships.4In short the story of the exodus from
pestilence
Aragon is one of heartless greed and reckless inhumanity.
The dangerswhich had weighed so heavilyon Spanish statesthey hoped

to find

Bleda, Coronica,pp. 1046-50." Guadalajara y Xavierr,fol.

p. 90." Lanuza, II, 249.
2 M"noires
de Richelieu,
I, 88 (Paris,
1823).
3
de la Force, II,8-12, 288-311.
M"noires
4
Cabrera,Relaciones,
pp. 410,413,415,418.
1

142."

Janer,

CHAP.

EXPULSION

II]

403

manship were thus removed, but fanaticism and race hatred were
and it was
resolved to root out all traces of the
not yet satisfied,
old Moorish population.An edict of July 10,1610, banished all
Moriscos of Granada, Valencia and Aragon, who
settled in
were
the Castilian kingdoms, and this was
followed,
August 2d, by a
similar provisionfor the kingdoms of Aragon. These
edicts
those
had
who
lived
but this was
as good Christians,
exempted
a
and the claims under
it were
tudinous
multipoint difficultto establish,
and embarrassing. To save
the trouble of deciding
them
end was
an
put to the matter by banishingall who had thus far
been exempted,including
the Moriscos antiguos,
even
descendants
of the old

Mudejares. This was effected by orders of March 22d

and May 3, 1611, to the corregidores,
statingthat it was for the
service of God

and

kingdom that the matter be perfected,

all who had previouslybeen exempted and all who,
wherefore
after expulsion,
had returned,were
given two months to leave
the kingdom, under the irrevocable penaltyof death and confiscation,
the only exceptions
and the wives of
nuns
being priests,
the

Old Christians with their children.1

This

final

rooting-out
gave
these
distinguish

nothing to
language,dress or mode
to harbor them, whether
of their services.

of

infinite trouble.
Moriscos

from

and there
life,

from

was

compassion or

Commissioners

were

There
Old

was

often

in
Christians,

lack of persons
to have the benefit
no

sent to the

different provinces

should avail
or
privileges
antiquity
ference;
expresslyprohibitedfrom interthem, while the courts were
it was
added, indeed,that those who bore the reputation
of Old Christians could appealto the king,but his representatives
thus thrust
soon
grew tired of the multitude of perplexingcases
thus expelledwas
them.
The number
computed at about
upon
who
six thousand, exclusive of young
were
children,
given to
of effecting
The difficulty
this final
Old Christians to bring up.
of exiles who persisted
increased by the number
in
clearance was
in spiteof an edict of September 12, 1612, which consigned
returning,
seemed
The
work
all
the
endless
them
and
to
galleys.
with instructions that

it was
finally

no

confided to the Count

of Salazar.

In this he labored

longand strenuously.At Almagro he found more

he consignedsome
of whom
returned exiles,
others to the

mines
quicksilver

of

than
to

Almaden, and the

dred
eighthunthe galleys,

rest he sent

Janer,pp. 344, 345, 350." Boronat, II,293-4." Bleda Cor6nica,pp. 1051-2;

Defeasio Fidei,pp. 524-5, 607-12." Cabrera,Relaciones,p. 415.
1

HOEISGOS

404

of the

abroad at the expense

[BOOK

who had
magistrates,

VIII

been remiss in

His greatest
trouble,we are told,
detectingand punishingthem.
suits of those who claimed that they
lay in decidingthe numerous
short,on
not comprisedin the edicts and, to cut matters
were
of the king,an edict
October 26, 1613, he issued,in the name
commanding all Moriscos to leave the kingdom within fifteen days;

receivingor harboringthem was threatened with

vassals and
castles,
confiscation and, as he included in this fiefs,
them.
Finally
royalgrants,it shows that nobles were sheltering
offered for information leadingto the
of ten ducats was
a reward
capture of a Morisco.1 In this insane determination to purify
any

person

the land of all trace of Moorish

blood,and

in the confusion of the

must have
Catholics as sincere as their persecutors
process, many
been consignedto infidel lands.
at last for the Moriscos of Murcia and the Val de
The time came

Bicote

to

share the fate of their brethren.

exercised to procure the

of
suspension

Influence

had

been

the edict of December

9,

subsequentone of October 8, 1611, but,after the

work was
completedelsewhere,the Duke of Lerma and the royal
who of course
reported
confessor,
Fray Aliaga,sent investigators
Lerma
them
to be Christians only in name.
insisted,
Philip
and a c"dula of October 6, 1613,ordered Salazar to enforce
yielded,
1609, and

of

the edicts.

He

was

instructions to lose
thousand
were

were

hurried from
time

no

Madrid,November

and, in January 1614, some

old

althoughmany
deported,

allowed to remain.

20th,with

Many

women

peopleand

fifteen
invalids

married Old Christians in

husbands and wives

exemption,and numerous
to the greatenrichment
of the
of honorable birth entered religion,
of the Orders
for which the bishopsand the superiors
monasteries,
cheerfully
grantedlicence. Early in February, Salazar returned
to Madrid with his work accomplished,
althoughsome had escaped
to Valencia and had returned on
being driven out from there.
In 1615 Salazar reportedthat he had sent his assistant Manrique
to Murcia to completethe expulsion,
but there were
stillsome
order to obtain

Moriscos

in

Tarragona and the Balearic Isles,and

others in Sardinia and

1

he knew

of

the Canaries.2

Cabrera, Relaciones,pp. 434, 437, 440,

1057-8, 1060." Janer,pp. 351, 355, 356, 357,

522."
360."

Bleda, Cor6nica,pp. 1044,

Danvila y Collado,pp. 212,

213.
*

Bleda, Cor6nica,pp. 1058-60." -Janer,pp. 361-66." Cabrera,Relaciones,

pp.
Danvila y Collado,pp. 314, 317." Boroaat, II,285-7, 593.

531, 546."

CHAP.

II]

For

EXPULSION

some

years

yet the effort

405
was

continued to discover and

ejectthose who were concealed among the Old Christians" an

effort complicated
in returning
after
by the numbers who persisted
the
accorded to them in Africa.
experiencing inhospitable
reception
offered
themselves as slaves to those who would receive them,
They
and in this manner
succeeded in remaining. To prevent
many
royalorders were repeatedly
this,
issued,but they were ineffective,
and the Royal Council at lengthgrew tired of reiterating
them,
that
in
so
Bleda,writing 1618, deploresthe fact that he would die
without seeinghis land purified
of this evil seed.
Total purification
in fact,was
impossible.We are told that,in Valencia,
La Mancha, and Granada, there are stillcommunities
which in
dress,customs and tendencies may be regardedas Moriscos with
and Padre Boronat ascribes to
scarce
any trace of Christianity,
this element the growth of modern
and the mingled
scepticism
fanaticism and superstition
which afflictcertain portions
of Spain.1
this may be,in so far as the Inquisition
However
was
concerned,
itsrecords
In
such
of
the expulsion
I
have been
was
a success.
as
de Moros
able to examine, the cosas
the
virtually
disappeared,
being scarce more than enough to show that vigilance
exceptions
unrelaxed.

was

to be looked

For

after.

awhile,it is true,there were Morisco slaves

A letter of March
missioner
14, 1616, from the com-

some
Denia, asks for instructions concerning
baptized
to escape to Barbary,which shows
who had plotted
Morisco slaves,
how carefully
they were watched.2 Then the exiles who chanced

at

or who
were
broughtto Spain
capturedin Moorish corsairs,
in the royalgalleys,
were
subjectto prosewere
or who
as slaves,
cution
in
had
been
because
baptized,
until, 1629,
as apostates
they
decreed that they should not be molested
the Suprema mercifully
of
The scattering
cases
unless they gave occasion for scandal.3
Mahometanism, which figurein the autos de fe subsequentto
the expulsion,
are
mostly of Christian renegades,capturedat sea,
ranean,
warfare of the Mediteror of Moorish slaves taken in the perpetual
of 1626, repeatedin
who were
baptizedunder legislation
however, we hear of a Morisco,
1638 and 1712.4 Occasionally,
Buenaventura
probably one of the children
such as Ger6nimo

to be

"

Bleda,Cor6nica,pp.

228."
2
3

1021-3."

V. de la Fuente, Hist, eccles. de

Boronat, I, 197; II,307.

Valencia,Leg. 372.
MSS. of Royal Library of Copenhagen,218b, p. 224.
Autos acordados,Lib, vm, Tit, ii,Autos 4, 6,
Archive

hist, national,Inq. de

'

Espafia,III,

[Boos: VIII

MORISCOS

406

detained in 1609

to relaxation

condemned

1610"

or

bunal
by the tri-

Valencia,transferred in 1635 to Valladolid and, in 1638

to be burnt for pertinacity.1
to Saragossa,
there
of the Inquisition,
vigilance
Yet, in spiteof the sleepless
descendants of the Old Moriscos who managed to preserve
were
of

the

for
organization

an

one

of their faith.
perpetuation

discovered in

was

Granada,so

reconciled in an auto
forty-five
eightmore in that of October
for the

confiscations

and

that it furnished

numerous

May 9,1728,followed by twenty-

They

10.

proved so

the chief informer

grantedto

of

In 1727 such

must

have

been

wealthy,
Inquisition
perpetual
pensionof
Granadans, escaped

that the
profitable
his heirs

Probably one of these

in the C6rdova auto
condemned
the Ana del Castillo,
to Jaen, was
fiscation
conof March 4, 1731, as a heregeMahometana, to reconciliation,
and irremissible prison.3The latest allusions to these
in a report,in 1769,by the Inquisition
Moriscos occurs
persistent
in Cartagena,of
to Carlos III,that it had verified the existence,
ducats.2

hundred

maintained
by New Christians.4 Details are
mosque
and convictions,
they may
but, if there were prosecutions
a

to be the last endured

be assumed

operationsof
of
there is not a single
case
are renegades.5
record of the

Contemporary estimates
hundred

thousand

all the tribunals from

a

Morisco

of the number

to three

In the

by Moriscos.
and

the

1780

lacking

safely
complete
to 1820,

only Mahometans

of exilesvary

from three

millions,and the statisticsfurnished

fragmentary to admit

of accurate

computation.0 In
times Llorente assumes
while Janer
modern
a total of a million,
estimates at the same
the total Morisco population,
of whom
figure
thousand perishedor were
a hundred
enslaved,
leavingnine hunare

too

Simancas, Inq.;Lib. 552, fol. 22, 23.

E. N. Adler,in Jewish QuarterlyReview, XIII, 417.
Archivo de Simancas,
fol.
2.
Inq.,Leg. 1479,
In Mr. Adler's paper, by a printer's
error, the auto of Oct. 10th is attributed
1

Archivo

de

"

to C6rdova
8

May 15th.
Matute y Luquin,p.

268.

Danvila

Archivo

hist, nacional,
Inq. de Valencia,Leg. 100.

Collado,p.

318.

Guadalajara y Xavierr, Expulsion,fol. 163; Historia Pontifical,

V, 161."
Escolano,II, 1990, Navarrete, Conservacion de Monarqufas,p. 50. Ddvila,
Vida y Hechos
del Key FelipeIII,p. 151." -Von der Hammer
y Leon, Felipeel
"

Prudente,fol. 33,

"

"

Alfonsi Sanctii de Rebus

Hispan.Anacephaleosis,
p.

390.

CHAP.

407

EXPULSION

II]

reduces the number

exiles. Vicente de la Fuente

"dred thousand

twenty thousand,while Danvila y Collado,after

estimate of
an
a careful comparisonof all official
statistics,reaches
somethingunder five hundred thousand souls,which Padre Boro-

to

hundred

and

The
accepts.1This is probablysomewhat under the mark.
is that of
nearest approach to a contemporary officialstatement
the Lucchese
Sebastiano Gigli,
August 12, 1610, placing
envoy,
the number
This he doubtless procured
at six hundred thousand.
at head-quarters,
for he adds that the ministers assured him that
it was
much
greaterthan they had foreseen.2 Consideringhow
and itsnotorious fecundity,
largehad been the Mudejar population
indicate how many
had been Christianized and had
these figures
One cannot helpconcludingthat
merged into the generalmass.
nat

with time

to perplexthe
question

Morisco

fate of the exiles

The

indeed
and

treatment, there would

reasonable

and

were

was

even

worse,

they were

forbidden
absolutely

banished

to return

more

as

even

been

no

Spain.

of the Jews

that
parallelled

for

of

statesmen

have

in

1492, and

precipitately,

Christians. They

strangelifebefore them under most

unpromisingconditions,intensified by the inhumanity of their
thrust into the

were

and

new

theysought. The transit to Africa

doubtless safe enough,but the masters of
in the royal shipswas
in robbingand murdering
the vessels chartered by them had no scruple
the regulations
adoptedfor theirsafety.Many
them, despite
accounted for as arriving.It was not that
who sailed were
never
indifferent. Fonseca relates that in
the Spanishauthoritieswere
receptionin

the homes

which

12, 1609, he witnessed

Barcelona,on December

the execution

of

captainand crew of a barque which had sailed with seventy

the united crews
Moriscos.
Fallingin with a Neapolitanfelucca,
conspiredto killthe passengers and divide the booty,amounting
Under promiseof pardon a dissatisfied
to three thousand ducats.
the Spaniards
sailor revealed the crime,when not only were
punished
enabled
that
details
with
but the Viceroy wrote to Naples

the

the authoritiesthere to seize and

In
the

France, la Force

of
sufferings

no

execute

the

doubt did what

the outcasts,but their

crew

of the felucca.3

he could to minimize

hardshipswere

such

as

to

1, n. 20." Janer, p. 143." V. de la Fuente

III,229."- Danvila y Collado,pp. 337-40."Boronat, II, 307.
2
Relazioni di Ambasciatori Lucchesi, p. 32 (Lucca, 1903).
Pellegrini,
1

Llorente,Hist, crft.,
cap. xn,

Fonseca,pp.

222-6.

art.

CHAP.

II]

upon

the tender

EXPULSION

and

doubt

the

son

409

mercies of the infidel. Discrimination

was

cult
diffi-

settled

adversely. A typicalcase is furnished

in a petition,
November
26, 1609, of Gaspar Galip,a priestand
vicar of the general
of Valencia,
in favor of his two brothershospital
Francisco
Castillo and Vicente de Alcazar.
in-law,
Galiphimself
was

of

sisterswere
two

was

Morisco

Christians and

in each

father and
so

were

Old

Christian

their husbands

family,the latter

and

being even
blood. Yet Ribera was
and both
pitiless
doubtless to perishamong
unbelievers.1
deported,

ignorantthat

Morisco

that in Tunis

us

and

to live

children,
they had

families

were

Escolano

of the Castilians continued

some

mother; his

to hear

tells
mass

and he prints
a letter from
a Valencian
Christians,
his determination to persevere in the faith.2
in Algiers
expressing
If remorse
were
possibleto those who believed that they were
renderinga service to God, it might have been felt by the prime
of the expulsionwhen they learned that in Tetuan,exiled
movers
Moriscos,firm in the faith,were lapidatedor otherwise put to
refused to enter the mosques.3
death, because they resolutely
These were true martyrs,and the Church might well have canonized
their persecutorRibera.4
them, in placeof beatifying
as

arguments advanced in favor of expulsionwas that

the confiscation of Morisco propertywould bringpermanent relief
and
to the treasury and enable it to dischargethe enormous
Undoubtedly the amounts
constantlyincreasingindebtedness.
Among

the

realized from

the

seizure
rapacious

of the

property of the exiles

large. Already,in October,1610,the Council of Finance

that,in Ocana and Madrid,it had mostly been sold,and
reported
ducats had been paid in.5 Whatever
that two hundred thousand
the magnitude of the receipts,
they were quicklydissipated
was
reckless prodigality.
to the greedy courtiers who
by Philip's
profited
Sir Francis Cottingham, the English Ambassador, in
were

letters of March

4th

and

May

16, 1610, reports that commis-

Boronat, II, 243-5.

Escolano,II, 1992.
3
Cabrera, Relaciones,p. 404.
4
Escolano (II,2001) attributes the slow
January 1611,to the execration aroused by
1

from

the

for which
expulsion,

in his
5

he

unsparing endeavors

Janer, p. 343.

was

fever which
the

misery of

ended
the

and
held responsible,

to root out the remnants.

Ribera's

in
life,
kingdom resulting

to the vexations

dured
en-

had

sioners

been

of

the

exiles,

of

the

state,

in

advance

for

fifty

need

appealing
for

his

of

interest

the

of

the
which

service

when

1611,

among
in

of

Duke

thousand.1
in

Philip,

the

to

assigned

hundred

Moriscos,

the

treasury

the

price

qualified

anxiety

paid

overtook

was

the

decadence

reckoned
most

to

as

heavy

in

seen

reasons

he

had

of

God

and

of

the

Gothic

stroke

which

but

many,

of

Watson's

Cabrera,

classes

valuable

economically

M"noires

least

not

Philip

III,

Relaciones,
de

Richelieu,

p.

them

am'ong
to

of

the

458.

I, 86.

That

the

B.

causes

must

expatriation

population.

the
which

The

century.

led

Appendix

gratified,

was

decrepitude

the

of

rest

barbarous

allayed.

was

premature

which

intolerance

fierce

the

most

faith

of

without

the

during

monarchy
were

the

is

and

unity

for

from

attack

by

boldest

the

as

invader

the

of

yearning

The

annals.3

human

land

her

purified

overthrow

the

after

years

Richelieu

Cardinal

and

hundred

Spain

monarchy,

the

of

expulsion

find

favorites

Countess

the

to

his

the

son,

enumerating,

relief,

for

Cortes
the

nine

Thus,

of

the

the

therefore,

burdens

were

daughter,

husband

her

to

to

the

state.2

the

in

and

Lerma
his

farms

and

among

To

his

houses

lighten

proceeds

ducats,
to

surprised,

poverty,

postponed

thousand

thousand,

be

to

the

the
to

propose

liberality.

thousand

not

sell

to

not

dividing

fifty

hundred

Lemos,

did

king
was

and

provinces

scandalous

with

Uceda,

We

he

the

to

the

but

hundred

two

sent

VIII

[BOOK

MORISCOS

410

be
of

CHAPTER

III.

PROTESTANTISM.

THE

fate

of

the

little band

unnaturally,excited
Much

has

the

earnest

written

been

Spanish Protestants
sympathy of modern

of

about

them;

their

works

has,

not

students.

have

been

gathered and reprintedwith pious care, and the importance of

the reformatory movement
has been largelyexaggerated. There
real danger that Protestantism
the slightest
could
never
was
make
such
soning
permanent impression on the profound and unreaof Spain in the sixteenth century,
religiousconvictions
disturbance
in the body politic;
to cause
and the excitement
as
created in Valladolid
and Seville,
in 1558 and 1559, was
a mere
passing episode leaving no trace in popular beliefs. Yet, coming
it did, it exercised
when
an
enduring influence on the fortunes
of the Inquisition,
and
the development of the nation.
At
on
the moment, the career
of the Holy Office might almost
to
seem
in extirpating
be drawing to a close,for it had nearly succeeded
Judaism
tians
Chrisfrom
Spain, while the influx of Portuguese New
had not commenced, and its operationsagainstthe Moriscos
excited at the
of Valencia
were
suspended. The panic,skilfully
life and importance
of Lutheranism, raised it to new
appearance
enabled
and gave it a claim on the gratitudeof the State,which
it to dominate
the land
during the seventeenth
century, while
its audacious

high-placed

againstCarranza

action
as

to

be

beyond

basis than

showed

its reach.

that
It

no

one

was

gained moreover

so
a

it had

previously enjoyed, while, at

Vald"s
saved from banishthe same
ment
was
time, Inquisitor-general
than
and disgrace. Yet more
all this was
important even
served as a reason
for isolating
the dread inspiredof heresy,which
ing
Spain from the rest of Europe, excludingall foreignideas,arrestof science,and
the development of culture and
prolonging
into modern
This was
the true significance
medievalism
times.
firmer

financial

of the little Protestant

which

deserves

dramas
Before

and its

and
repression,

the attention of the student rather than

of the autos
the

movement

Lutheran

it is this

the

ghastly

de fe.
revolt

there

was

much

libertyof thought
(411)

[BOOK VIII

PROTESTANTISM

412

mus
speech allowed throughoutCatholic Europe. Neither Erasnor
popularwriters and preachershad scruplein ridiculing
the
of the people,
and holding up to detestation the superstitions
and the venof the clergy,
ality
vices,the greed and the corruptions
of the Holy See, The Franciscan,Thomas
and oppression
Murner, who subsequentlybecame the most virulent reviler of
with more
and secular,
both regular
the clergy,
Luther, castigated
Erasmus
himself,in his
vigor if with less skill than Erasmus.
of the Christian Soldier,
or Manual
Enchiridion Militis Christiani,
a
as
new
Judaism, the reliance
did not hesitate to stigmatise,
reposed on external observances, which had supplantedtrue
piety,causingthe teachingsof Christ to be neglected and the
Enchiridion had been approved by Adrian VI, at that time the

and

"

Universityof Louvain.
When, however, it became necessary, in order to cure these
to strike at the dogmas of scholastic
universallyadmitted evils,
head

of the

theology,of which these evils were the outcome; when Northern

Europe was risingalmost unanimously in Luther's support,and
that it had to deal,not with a mere
the curia recognized
when
scholastic debate between monks, but with a rapidlydeveloping
felt of a rigiddefinition of
the necessity
soon
was
revolution,
orthodoxy, while the licence which had been good-naturedly
it did not threaten the loss of power
and
so long as
tolerated,
lessly
inquiredinto and relentwealth,became heresy,to be diligently
punished. Men who esteemed themselves good Catholics,
and had no thought of withdrawingfrom obedience to the Holy
See,found themselves accused of heresy and liableto itspenalties,
Prior to the definitions of the Council of
of debatable

amount

ground,

within

Trent,there
which

no

was

certain

authoritative

of the schoolmen
yet rendered the speculations
articles of faith. Erasmus, for instance,
had not been called to
decision had

account

law

for

as

that
asserting

sacramental

but,as the conflictgrew

defence of itsoutworks
the divine
made

it de

to be

and
desperate,

fide. We

not of divine

the Church

found

hereticalto tion
quesbefore the Council had

it became
requisite,

originof confession,
even

action
of the

more

confession was

shall then find the chief sufferers from

divided

into two

classes.

Before

quisitor
in-

the middle

consist of unconscious heretics of

century they largely
of Luther,would have been
men
who, priorto the condemnation
reckoned as undoubtedlyorthodox.
After 1550,with some
tions,
exceplike Carranza,they were
those who
had knowingly and
"

CHAP.

REPRESSION

Ill]

embraced
consciously

COMMENCED

more

less of the doctrines of the Reformation.

or

Outside of these

413

another,and

by

no

the least

means

class,can be defined of those who incurred more

or
vehement
of
in
suspicion heresythrough mere
carelessness,
constantlyincreasing
rigor of external observance. It is

numerous

less
the

doubtless to the firstof these classes that

victim of so-called Lutheranism
the Painter of Monte

Gonsalvo

"

Majorca,relaxed,in 1523, by
inconceivable

the

clear

were

as

Majorca,or that
conceptionof what they

as

could

he would

resident in
It is

penetrated at

could have had any

inquisitor
and, as Gonsalvo is described

not admit

good Catholic and

himself to be otherwise.1

not until 1521 that the curia was

was

liest
ear-

recorded

Lutheran.

have

negatiw,he doubtless considered himself

perishedbecause
It

Alegrein Murcia,a

errors

that time to

refer the

may

I have found

that tribunal

Lutheran

that

whom

we

aroused

to the

necessity

preventingthe dissemination in Spain of the new doctrines in

the writingsof Luther.
The Nuncio
Aleander,writingfrom
Worms, February 18th of that year, mentioned that in Flanders
in press, through the
Spanish versions of Luther's books were
efforts of the Marrani,and that Charles V had given orders to
Leo X, on March 21st,
Actingpromptly on this,
suppress them.2
of

addressed

briefs to the Constable

governors

in Charles's absence

"

and

Admiral

exhortingthem

of Castile" the
to

prevent the

Adrian

lost no time
works, and Cardinal
in ordering,
April 7th, the tribunals to seize all the obnoxious
that they could find,an order which he repeatedMay 7,
volumes
to enforce the
1523, togetherwith instructions to the corregidors
surrender of the books to the inquisitors.3
Very earnest letters
also written,April12 and 13, 1521, to Charles V, by an
were
assembly of grandees,and by the President and Council of State,
to prevent the spread of
urging him to adopt strong measures
ened
Lutheranism,which had been introduced into Spain and threat-

introduction of such

to

develop.4

The
de Simancas, Inq., Lib. 595.
Majorca did not occur until 1645, and then it was
1

Archive

Anhelant,
2

3
4

"

next
the

Lutheran

effigyof

relaxation in
the

fugitiveJan

Hollander.

Lutheran", p. 79 (Ratisbonse,1883).
de Simancas, Inq.,Lib. 940, fol. 1.
Llorente, Anales,II, 253."
Bergenroth,Calendar of Spanish State Papers, Supplement,pp. 376, 384.
Balan, Monumenta

Reform.

Archive

See also Danvila, Historia de las Comunidades,

XXXVII).

III,580-3 (Mem. hist, espafiol,

These

regardedas measures
by existingexigencies.So
be

may

called for

been

have
Inquisition
as

[BOOK

PROTESTANTISM

414

rather
far

searched there is

With

the

influence of Erasmus

the

freedom

and

the return
seemed
licence of

even

than
precautionary
the records

trace,for

no

for Lutheranism,
yet, of prosecutions

above referred to.

as

save

VIII

some

of the
years

solitarycase
Spain,in 1522,

the

of Charles to

of
promise a perpetuation
speech,of which he was the
to

the
his admirer and he became
was
emperor
courtiers and churchmen
pretendingto culture.
fashion among
The Inquisitor-general
Manrique openly defended him, and so
The
protagonist.

Fonseca, Archbishop of Toledo. His

the immunity conferred on him by the patronage
reputation,

did the primate,Alfonso

immense

againstthe vindictiveness of

of successive popes

religious
of
futility

the

and the
Orders, provokedby his merciless ridicule,
seemed a guarantee for
condemnations
by scholastic faculties,

wide.

so

Enchiridion

So

was

issued
It

of Alcor.
had

who
success

rency
opinionsto which he had given curin 1527, a translationof his
it continued until,

merely echoed

those who

it

was

the

by Alonso

dedicated

was

deacon
Madrid, ArchArchbishop Manrique,

Fernandez
to

de

its
and authorized its publication;
duly examined
From
the
read.
immediate, and it was universally

too vulnerable
however, it was
theology,
which
The pulpits,
Orders.
not to invite attack from the religious
monopolized,resounded with their denunciations
they virtually
until Manrique felt obligedto interfere. Many prominent frailes
summoned
before the Suprema and sharplyreproved for
were
the peopleagainst
Erasmus, in defiance of repeatededicts;
exciting

standpointof

scholastic

if they found

errors

in the

book, they should denounce

the

The challenge
was
Inquisition.

the

assistance of the

drawn

to

promptlyacceptedand, with

quently
EnglishAmbassador, Edward Lee, subseArchbishop of York, a list of twenty-one articles was
Arianism
to irreverence towards the
up, ranging from

Virgin and
These

them

were

the

denial

submitted

to

of various
an

essentials of sacerdotalism.

and
assembly of twenty theologians

the firsttwo articles;

who disputedfor a month
over
frailes,
and Manrique suspended
the debate promisedto be interminable,
to write against
it,at the same time issuing
an absolute prohibition
Erasmus.
As we have seen, however, he fell into disgracein
Charles left Spain
1529 and was
to his see of Seville;
relegated
the same
of the most
some
powerful
year, carryingwith him
nine

who
protectorsof the Erasmists,and the inquisitors,

were

largely

CHAP.

Ill]

ERASMISTS

were
frailes,
speechwhich

eager to detect the

had become common

415

heresy latent in

the latitude of

those who

among

selves
pridedthem-

culture.1

on

typicalcase of this kind is that of Diego de Uceda, to which

allusion has alreadybeen made
other accounts
on
(supra,p. 68).
He
was
an
Old Christian
hidalgoof Cordova of unblemished
stock.
studious
and
Although a courtier,he was
deeply
of
religious,
Geronimite
even
the
entertaining
thoughts entering
Order.
Greatlyadmiring Erasmus, the failure of the effort to
condemn
him by the Inquisition
that his works
gave assurance
were
approved, and Diego earned some
reproofby constantly
quotinghis opinionsand endeavoringto impressthem on others.
In February, 1528, he was
journeyingfrom Burgos to C6rdova
and, one evening at Corezo,he fell into discussion with a man
named
Rodrigo Duran who, with his servant, Juan de Avella,
his way to Seville to embark
for the West Indies.
The
talk fell upon
confession and" then upon images,in which Diego
when
he expressed
quoted the views of Erasmus; then upon miracles,
was

on

disbelief in

prayed

for deliverance

overheard
and

story of

in

Guadalupe with
Somethingalso was

the

in

to the

and
contests,

Christian slave in Africa

Lady of Guadalupe; his

master

chest,made his own bed on top

result that next morning the chest was
inside and

the Christian

on

top.

Luther, whose name

got mixed
Duran, on reachingToledo,denounced

said about

the
tribunal,his serving-manfurnishing
went

and

who

the master

up with that of Erasmus.

to C6rdova

Our

him, placedhim

sleptthere,with

Diego

to

on

was

necessary

his way to the Indies.

Diego was tracked
to Toledo, where
he
sent back as a prisoner

vainly protestedhis orthodoxy and offered submission to the

probably
Church, although his frequentallusions to Erasmus
did his case no good. He proved by witnesses that he habitually
and that
confessed four times a year, that he took all indulgences
he was
of blameless life and strong religious
convictions,
a man
I have alreadyshown how he was
but it was allin vain.
tortured,
revoked, and how he was
humiliating
penance, July 22, 1529,ruininghis
confessed and

indelible stain

an

condemned

then

on

familythat

had

career

boasted

of

to

and

leaving
its limpieza.2

In my "Chaptersfrom the ReligiousHistory of Spain" there will be found

fullerdetails of this episodedrawn, for the most part, from the excellent account
Vol. II,
given by Mene*ndez y Pelayo in his Heterodoxos EspafioleSj
1

Archivo hist nacional. Ing. de

Toledo,Leg. 112, n. 74,

CHAP.

Ill]

ERASMISTS

417

defamer
Vergara of being a fautor and defender of heretics,
a
the

and
Inquisition

corrupter of its

imprisonment followed
This

occasioned

deeplymoved

on

June

and
officials,

his arrest and

24th.

general surprise.Archbishop Fonseca

and

endeavored

of

to obtain his release under

was

bail for

fiftythousand ducats,or to have him confined in a house under

guard, but the only result of his efforts was to lead the tribunal
to shut up the windows
of Vergara'scell,convertingit into a
his health.
The trial proceeded
dungeon and seriously
affecting

throughthe regularstages.

He

refused the services of

an

advocate

and, on January 29,1534,he presentedhis defence,denyingnearly

all the

attributed to him

errors

After this

and

the
explaining

fresh accusation

rest in

lic
Catho-

presentedbased on his
he
friendshipfor and correspondence with Erasmus, to whom
had induced
Archbishop Fonseca to grant a pension. Fonseca
sense.

had
but

died,February 24th,so that his

Vergara pronounced the story as

though had it been

true it would

knew

had neither income

that Erasmus

was

evidence

have

unattainable,
to the pensionto be false,
been innocent
Everyone
nor
never
benefice,
having
was

willingto accept either,and that he was supported by the

of gentlemen who
contributed to him from all parts.
liberality
Fonseca had only offered him an income if he would come
to reside
had previously
offer which Ximenes
made.
at Alcald,
It was
an
dedicated to him his edition of St.
Erasmus
true that,when
enough,
Augustin,Fonseca sent him two hundred ducats,scarce
in the case of so largea work, to givethe printers
their customary
pour-loire.Fonseca felt this,and, when he heard of the death
of Canterbury (f 1532),who was
of Archbishop Warham
tomed
accusfor Erasmus, he said that he ought to
to provideliberally
of the book, whereupon Vergara wrote that
pay for the printing
As for correnot done.
send something,but it was
he would
sponding
been

kings and the emperor himself

tions
to have lettersfrom him and, in the printedcollecgratified
with

were

of his

Erasmus,

were
epistles,

showing that

and

popes

to be

the latter had

found

urged him

his

answers

to

Vergara,

to write in confutation

of

Luther.
The

day after this defence

serious evidence

as

yet offered

Erasmist,then
distinguished
that,four
worked
VOL.

ex

years

opere
Ill

there came
presented,
him.
This was from
against
was

another

Alonso de Virues,who
trial,

on

before,in

the most

discussion whether

operato,Vergararidiculed it as
27

fied
testi-

the sacrament

fantasticopinion,

[BOOK VIII

PROTESTANTISM

418
and

further,that

did not hold

he

as

he

should,certain piousand

Catholic doctrines.

It is true that the Council of Trent had

yet pronounced,as

it did in 1547

(Sess.VII, De

of the sacrament
the self-operation
viii)

can.

doctrine

was

coeval

with

the

to be de

development of

the

not

Sacramentis,

fide,but the
sacramental

in vindication
indispensable
hands againstthe Donatist heresy.
of its validity
in polluted
Ver~
could not failto .prejudice
in disputation,
To deny it,even
gara'scase, which draggedon, in spiteof the effortsof his friends,
December
it. At length,
on
and even
of the empress, to expedite

theoryin the twelfth century and

was

sentenced to appear as a penitentin an auto

21, 1535, he was
de'fe,
to abjure de vehement!,to be recluded in a monastery for
and to pay a fine of fifteen hundred ducats.
year irremissibly,
In three months, however, Manrique charitablytransferred
a

February 27, 1637,

incurred no disabilities;
to an end.1 He
his confinement came
for he retained his
his reputation
suffered,
not to have
seems
Toledo
and, as we have seen, he incurred,in 1547,
canonry
the displeasure"
of ArchbishopSilicioby opposing the statute of
him

to

the 'cathedral

cloister

and,

on

limpieza.
Viru""s was
He

was

similar victim to the revulsion

Benedictine Abbot

of San

the favorite preacherof Charles

Envy of his favor

Zoilo,a learned orientalistand

V, who

at court

Erasmus.
against

had

carried him

to Germany.

caused his denunciation;isolated

cited againsthim, and he was

were
passages in his sermons
thrown in prison
in 1533.
His incarceration lasted for four years,

in spiteof Charles's efforts for his liberation;

it was

in vain that

had been
fourteen years before,Erasmus
pleadedthat,some
regardedas orthodox,and that he adduced the arguments which
in the Diet of Ratisbon.
he had used againstMelanchthon
In
quired
1537, he was declared to be* suspectof Lutheranism,he was reto abjure and was
recluded in a convent for two years,
with suspensionfrom preaching
Charles was
for two more.
so
much interested in him that,notwithstanding
his strenuous objection
to papal interference,
he procuredfrom Paul III a, brief of
May 29, 1538, by which the sentence was set aside and Viru6s
declared capableof any preferment,
When
was
even
episcopal.
he

Don

Manuel

Serrano

y Sanz

has

given a full analysisof this case, from the

documents, in the Revfeta de Archives,Die. 1901,Enero

Junio, 1902.

CHAP.

Ill]

Juan

de

ERASMISTS

419

Sarvia,Bishop of Canaries,died in 1542, Virues was

and died in 1545.1
appointedhis successor
Contemporary with these cases was that of Pedro de Lerma,
of one
of the leadingfamilies of Burgos. He was
a member
a
of
the
Cathedral
and Abbot
of AlcaM, renowned
canon
a
as
of the highestconsideration. He had spent
preacherand a man
of Paris,
where the Sorbonne
fifty
made
years in the University
him dean of its faculty.Happening to read some
of the works of
Erasmus, he was so impressedthat they influenced his sermons.
He was
denounced
to the Inquisition,
which imprisonedhim and,
after a long trial he was
in 1537,to recant eleven proprequired,
ositions
publiclyin all the towns where he had preached,confessing
that he had taughtthem at the instigation
of the devil to
propagate

error

abandoned

Spain

of the

dean

their

sons

This

for

are
were

abroad

He

Paris,where

faculty,and where

Burgos, we
reverence,

in the Church.

was

he

humiliated

so
was

warmly

he died in 1541.

that he

received

The

as

peopleof

told,who had regardedhim with the greatest

so
impressedby this that those who had sent
to

study at

once

recalled them.2

of

and this exagall-pervading

suspicion,
gerated
sensitiveness to possibleerror, exposed everyone
to
for the most innocently
unguarded remark,
prosecution
Miguel
of
Formiche
(Teruel)appearedJanuary 19,
Mezquita,a gentleman

atmosphere

1536, before the Valencia tribunalin obedience

to

citation

and,
he
under the usual formula of beingtold to search his conscience,
and related a talk which he had,
recurred to Erasmus
intuitively
some

had

with a Dominican, in which he

six years previous,
defended the Enchiridion on the ground that it had been jected
subfive

or

to examination

without

being condemned.

This however

for Pedro Forrer,a

proved not to be the cause of his summons,
priestof Teruel,had denounced him as having said that Luther
while
preachedthe gospeland was therefore called an evangelist,
and that Luther was
called papists,
the followers of the pope were
rightin maintainingthat Scripturedid not say that Christ gave
power to St. Peter,but to all the apostles.Mezquita explained
that he had been several times to Italyand had been sent to
Pelayo,II,94. Llorente,Hist, crit.,
cap. xiv, art. ii,n. 4-12.
have taken possessionof his see, for he is said to have died at
Viru6s must
Las Palmas, the capitalof the Grand
Canary, Murga,
Telde, a villagenear
Constituciones Sinodales del Obispadode la Gran Canaria,fol.320 (Madrid;1634).
2 Mdmoires
1862).
de Francisco de Enzinas,Ed. Campan, II,158-70 (Bruxelles,
1

Mene*ndez

"

"

[Boon

PROTESTANTISM

420

had asked
Flanders;the priest

what

him

said about

was

VIII

Luther,

his curiosity
by repeatingwhat he
merely gratified
talk. He earnestly
had heard abroad in common
imploredto be
released,for he had eightchildren,four of them studyingin
and

he had

suddenly carried off from

home, he had
for him, the inquisileftbut six sueldos in his house.
tors
Fortunately
allowed
not unreasonable and, on January 29th,he was
were
Salamanca

to return

be

and, when

to his

'

family,but the

brought up againsthim

fitto distort some

case

should

remained
any

the records to

on

malevolent

neighborsee

careless utterance.1

Mysticismand illuminism,which, about this time,commenced

of accusatheir developmentin Spain,furnished another source
tions
of Lutheranism,due to their common
tendencyto cast aside
the observances

of sacerdotalism

direct relations with

demands

God,

and

to

bring

but this field of

separate consideration.

the

sinner into

inquisitorial
activity

Meanwhile

the

above

cases

who
probablysufficeto indicate the way in which Catholics,
fellunder suspicion
had no thought of wandering from the faith,
heresies and were
of partakingin the new
subjected
consequently
It would scarce
be worth
to persecution
more
or less distressing.
will

while to follow in detail the

lar
long succession of those who had simi-

experience.The case of Carranza has alreadybeen discussed.

Fray Juan de Regla,confessor of Charles V at San Yuste, and one
of the witnesses againstCarranza, was
imprisonedby the Sararequiredto abjureeighteenpropositions.
gossa tribunal and was
who preachedthe funeral sermon
of
Fray Francisco de Villalba,
denounced for Lutheranism
and was
saved only
Charles V, was
of PhilipII. Miguelde Medina, one of the theologians
by the protection
of the Council of Trent,was
so orthodox
that,in his Dishe ascribes to indulgences
de Indulgenttis,
a virtue so great
putatio
would be a failure,
that without them Christianity
yet this did not
for defendingcertain propositions
preventhis prosecution
thought
Lutheranism
of
after
four
he died
to savor
years7detention,
and,
in piisonwith his trial unfinished.2
All these were
of good Catholics,
whose
cases
prosecutionis
1

Archive

hist,

nacional,Inq. de Valencia,
Leg. 31.
Hist. crft. cap. xvm,
art. ii,
Lie-rente,
n.
8; cap. xxrx, art. ii,n. 8, 9, 10."
Medina
de
Mig.
Disput. Indulg.,cap. XLVIII.
We
find Miguel de Medina, in 1570, acting as consultor in the trial at Toledo
of Dr. Sigismondo Arquer for Lutheranism."
Schafer,Bcitragezur Geschichte
des spanischenProtestantismus,
II,228 (Giitersloh,
1902).
2

CHAP.

LTJTHERANISM

Ill]

attributable to

421

of orthodoxy. As regards the

hypersBsthesia
real Protestantism,
there was
with
a double duty, one
necessarily
respect to its literature and the other to its professors.The
former will be discussed in the next chapterand it suffices here
to pointout that althoughthere was
as yet no
ship
organizedcensorof the press, the possession
or
readingof any of Luther's
books was
under pain of excommunication,in 1520,
forbidden,
Leo

by

X,

in the bull

Exsurge Domine, and

of all his followers in the

the works

Ccena Domini
in

by

Adrian

VI.1

We

have

this

recension
seen

the

extended

was

to

of the bull in

flurryproduced,

1521, by the dread of the introduction of this literature into

it would

Spain,and

that the German

1524, we
the French

and

casks

two

heretics

hear that

that there

appear
were

shipfrom
was
recaptured,
a

of Lutheran

for

it,or
endeavoringto create one for,in
Holland for Valencia,
capturedby
into
San Sebastian,when
brought

books

were

was

found

demand

in her cargo, which

three Venetian
later,

publiclyburnt. Some eightmonths

of similar books to a port in
galeassesbrought largequantities
seized and burnt them and imprisGranada, where the corregidor
oned
there
crews.2
As yet, however,
the captainsand
to
seems
have been no definite penalty,save the papal censures, for possessing
this forbidden literature. We have seen Juan de Vergara
simply surrenderingwhat he had; in 1527 we chance to find a
were

commission, issued by

the

Suprema,

to absolve

fraile from

and, in 1528, a similar one

the benefit of the Licenciado Fray Diego de Astudillo.3
As regardsheretics in person, the relations of Spain with
too intimate
Netherlands
and Germany, at this period,
were
excommunication

thus

incurred

it to escape their intrusion. The

in 1524, when a German
named

earliest case

I have met

the

for

the
for

occurred

by
Blay Esteve was condemned
in 1528,
the tribunal of Valencia.4
tribunal,
Again the same
not
of Ghent, for sayingthat Luther was
tried Cornelis,
a painter
for denying the existence of purgatory,the utility
a heretic and
of martyrdom
of masses, confession etc. He had not the spirit
in Spain the
but pleadedintoxication and that he had abandoned
Flanders; he was sentenced
reconciliation and perpetual
prisonand, in the papers of the

errors

to
1
2
8
4

which

he had

entertained

in

I, 613." Reusch, Der Index der verbotenen Bucher, I, 72.

Men"idez
y Pelayo, II, 315-16.
Archive
de Simancas, Inq.,Lib. 76, fol. 27; Lib. 940, fol. 2.
Boronat, I, 174.
Bullar. Roman.

[Boos VIII

PROTESTANTISM

422

there
trial,

is

allusion to the.

an

Jacob

of
prosecution

Torres,

Valencia,in 1529, had another

there by
in the person of Melchor de Wiirttemberg,who came
case
in the streets,
saying that he had
way of Naples. He preached
searched the world in vain for a true follower of Christ,and he

apparentlyanother

Lutheran.

that in three years the world would

predicted
He was
probablyan Anabaptistand, when
that he had visited Martin Luther

be drowned
on

in blood.

he admitted
trial,

to learn whether

the Lutheran

the

to

the

case
possessedthe truth. The tribunal referred
Lutheran
errors,
Suprema, which repliedthat,if he held any
dred
hunand
justiceshould be done; if not, the case was trifling a
lashes would suffice. The papers are imperfectand we can
and escaped with the
only gatherthat he denied Lutheranism

sect

scourging.1
of this kind

Cases

were

doubtless

occurringin

bunals,
the various tri-

action was
yet before systematic
by the Inquisition.Clement VII addressed a brief,May
but it was

taken

8, 1526,

to the

some

time

as

empowering them
Observantine Franciscans,

to

were
to return to the Church,who
desiring
acceptingsalutarypenance, and to be
on
to be reincorporated
absolved and relieved from all the penaltiesdecreed by Leo X
designedfor temporary effect
and by others.2 This was evidently
too subversive of
in Germany and, althoughsent to Spain,it was
to be observed there.
of the Inquisition
the exclusive jurisdiction
the
The earliest action of the Suprema to protect Spain from
heresies would seem
to be a letter,
in
dissemination of the new
1527, to the provisorof Lugo and to the Dominican provincial
at the
and Franciscan guardianthere,about the heretics arriving
them to enquireafter Lutheran books,
Galician ports,and ordering
which they were
requiredto seize.3 Coruna was one of the chief
for special
with the northern seas, thus calling
ports of commerce
watchfulness,and, though a tribunal had recentlybeen provided
not to have been
for Galicia,
apparentlyon this account,it seems
Stillthe heretics continued to come, and the
in working order.
the
Suprema issued,April27, 1531, a carta acordada instructing
Edicts of Faith requiring
the denunciation
tribunals to publishspecial
of persons suspectedof holdingLutheran opinions.4Appar-

receive all Lutherans

Archive

hist, nacional,Inq. de Valencia,Leg. 30, n. 10; Leg. 31.

de Santiago,Lib. T de copias,
fol.97.
de Simancas, Inq.,Lib. 940, fol. 2.

Bulario de la Orden

Archive

Ibidem, Lib. 76, fol.401.

CHAP.

PERSECUTION

Ill]

ORGANIZED

423

with regard
entlythe time had arrived when some definite position
to the growing danger had to be taken; there seems
to have been
doubt felt as to the authorityof the Inquisition
to deal with it,
and as to the policyto be observed towards these heretics,
for a
brief

was

procured, July 15th of the

same

from

year,

Clement

VII

the
to proceed against
empowering Manrique and his deputies
followers of Martin Luther,their fautors and defenders,
and a
clause to this effect continued subsequently
to be included in the
commissions of the inquisitor-general.
The brief moreover
tended
exfor this heresy,over
Manrique's personaljurisdiction,
archbishopsand bishops,althoughthese were not to be arrested
and imprisoned;impenitents
in accordance
to be relaxed,
were
with the canons, while those who
to
sought reconciliation were
be admitted,with due punishment,and could even
be dispensed
for irregularity
and be relieved of all disabilitiesand note of infamy.1
There was
to treat these
evidentlyas yet a disposition
heretics with special
tenderness.
new
For some
time as yet the labors of the Inquisition,
in the suppression
of Lutheranism,were
t
o
the
confined, foreigners, most
was
Hugo de Celso,a learned Burgundian
conspicuousof whom
de las
doctor of both laws and author of a serviceable Reportorio
Leyesywhich saw the lightat Valladolid in 1538 and again at
In 1532 he

Alcald,in 1540.

Toledo,but

conviction at
burnt
finally

V, did

not

been

out
prosecutedwith-

fell againunder

It is true that

in 1551.2

sister of Charles

to have

seems

and was
suspicion
Queen Mary of Hungary,

but
suspicion,8

escape

the

earliest

to be
Spanish blood would seem
of Burgos. Engaged, while stilla young
Francisco de San Roman
to
in business in the Netherlands,his affairs took him
man,

undoubted

Bremen, where

he

that,after
Charles V

of

heretic recorded

at

was

converted

various

Ratisbon.

and

became

so

ardent

adventures, he undertook

to

the attempt, he
he refused to recant,there was
in
Persisting

lyte
proseconvert

was

sent

nothing
Spain and, as
death
that
he
courted
to do with him save to givehim the fiery
Carranza
the firstof the few Spanish martyrs to Protestantism.
attended him at the stake and urged him to submit to the Church,
a not
but the ferocious crowd pierced him with their swords
in chains to

"

"

Bulario de la Orden

Catdlogo de

las

causas

de

Santiago,Lib.
seguidasen el

copias,fol. 98. See Appendix.

Tribunal
de Toledo, p. 113 (Madrid,
i

de

"

1903).
8

Laemmer, Monumenta

Vaticana

Saec. XVI, p. 244 (Friborgi,

1861).

CHAP.

MODERATION

Ill]

425

consult him before

all of which must be done speedily

it,
concluding
for that church (Tortosa)must be providedwith a prelate.1
Charles's solicitude shows that the matter was
portant.
regardedas imthe centre of a littleband of Lutherans
Egidio,in fact,
was
whom
the Inquisition
was
eagerlytracking. The Suprema
wrote, July 30, 1550, to Valdes at Seville,
urging him to expedite
the case, and addingthat it had written to Charles about the arrest
of those in Paris and Flanders implicated
with Dr. Egidio,and
about Dr. Zapata who had delivered Lutheran
books to Antonio
Yet when
de Guzman.2
Egidio'strial ended, August 21, 1552,
treated with singular
he was
moderation.
He was
obligedpublicly
to abjure as heretical ten propositions
which he admitted
himself to the penaltyof relapsefor
to have uttered,subjecting
reincidence.
he recanted as false and
Eight more
propositions
he explained
in a Catholic sense
all of these
erroneous, and seven
He was
sentenced to a year'sconor less Lutheran.
beingmore
finement
in the castle of Triana and never
to leave Spain; for a
"

after release he

year

suspendedfrom

was

Death
as

in 1556 saved

no

alarm

We

hear

up

exhumed

and

fate,although,

burnt in 1560.

of such

I have

met

before

the Valencia

there is slender trace of such

to this time

only indication

The

work.

harsher

him from

of the

but
heretics,

other

were

mass

shows that thus far there was

Inquisition
there any cause
for it.
to stimulate severity,
nor
was
or
a good deal of the missionaryefforts of the German

mildness

The

and

and for ten years he

and partaking
in dispupreaching,
confessing
tations.3

shall see, his bones

we

who

not to celebrate

was

"

and

that

attempts,is the

case

in 1537.

tribunal

dubious

very

one

"

that

of Gabriel de
He

learned heresy during four years

Switzerland. As a wandering mendicant
had

Narbonne,
Frenchman,
in
Germany
spent
in Spain,he spoke

was

When
he confessed
arrested,
freelyof his beliefs to all whom he met.
fullyto all the leadingtenets of Lutheranism and begged

year's confinement,under threat of torture,he

stated that he had been sent by the Swiss heretics to Spain as a
who was
missionary;there were three others,one named Beltran,
mercy;

after

Archive

de Simancas, Inq. de

Barcelona, C6rtes,Leg. 17, fol.

83."

See

Appendix.
2
3

Ibidem, Inq.,Lib. 79, fol.98.

The account
Schafer, II, 342-53.

cap. xvin,

art.

i, n. 8-20), borrowed

Schafer to be wholly incorrect.

of Dr.
from

Egidio by

Gonzdlez

de

Llorente

Montes,

(Hist, crit.,
is shown

by

likewise in

Savoy.

Spain,one

wandered, he said,on

had

He

the other to

destined to Venice and

was

VIII

[BOOK

PROTESTANTISM

426

foot for two

through
Lisbon,
listener,

years

Peninsula,from Catalonia and Navarre

disseminatinghis heresies wherever he could find a
the tribunal believed his story,
the clergy. Had
especially
among
he would have been sharplytortured to discover his converts;
while
merely reconciled with irremissible prison,
as it was, he was
spontaneously
his nephew, another Gabriel de Narbonne, who
by his uncle,was
denounced himself as having been perverted
to

whole

the

penance
spiritual

reconciled with

and

forbidden

leave

to

the

kingdom.1
though the Holy See were desirous to arouse
of its inertness in combating
to a sense
Spanish Inquisition

It would
the

as

seem

dangerous innovations for, in 1551, Julius III

these

Vald6s
Inquisitor-general

brief

of the
irrespective

Lutheranism

empowering him

sent

to

station of the offender

"

to

punish
wholly

by his commission all

already possessed
and the case of Carexcept as regardsbishops,
faculties,
requisite
not included in the brief.2 If the
shows that they were
ranza
of Lutheranism confor the cases
it failed,
tinued
objectwas to stimulate,
grant,for
superfluous

for
1558

may

he

mostlyof foreigners.The year

in the historyof Spanish
turning-point

time to be few and

some

be taken

as

and

Protestantism

up

to that time

the industrious researches of

have only
into the records of all the tribunals,
Schafer,
and five cases, of
resulted in findingan aggregateof a hundred
of foreigners.3
Of
of natives and sixty-six
which thirty-nine
are
be regarded
such statistics
can
no
course, in the chaos of archives,
in
as
complete,but, on the other hand, the tribunals were
in a
"Lutheranism"
the habit of classing
even
as
any deviation,
from dogma or observance,or any careless speech,
minor degree,
As a whole,
such as those of which we have had examplesabove.
Dr. Ernst

Archive

hist,

Bulario

de la Orden

Schafer,II, 1-271, 342, 352.

national,Inq. de Valencia,
Leg. 375.
de

Natives.

Barcelona

Santiago,Lib.

in, fol. 88.

statistics are as

Foreigners.

"
.

The

follows:"
Natives.

Granada

30

Llerena

Foreigners.
3

"

....

Logrono

...

18

....

Valencia

"
...

Toledo

Seville

....

Saragossa

Cuenca

...

...

There
1558,

are

none

....

reportedfrom

1
8

"

14

C6rdova,Murcia,Santiago or Majorca prior to

CHAP.

the
on

GEOUP

SEVILLE

THE

Ill]

427

of the slender impression

thus
are
significant
figures
excitement
Spanish thought by the intense religious

the

Pyrenees. A

abroad
new

are

"

few

all that

doctrines.

Thus

individuals

beyond

mostly those who had been

be regardedas reallyinfected with the

can

"

far there had been

of littleassociations

or

faith assembled

worship,for mutual

for

far made

nothingof organization,

in which
conventicles,

those of

common

encouragement

or

for

to disseminate their belief,

but something of
planningmeasures
the kind was
in
where the teachings
beginningto develop Seville,
of Rodrigo de Valero and Dr. Egidiograduallyspread through
a
widening circle. After Egidio'sdeath,in 1556, the leading
Doctor Constantino Ponce de la Fuente,who was elected
was
figure
by the chapter to the vacant magistralcanonry, and who was
a
the
of
served
in
Charles V
man
highestconsideration,
having
Flanders as confessor and chaplain. Another importantpersonage
Maestro
Garcia Arias, known
Doctor Blanco,prior
was
as

of the Geronimite

of San

house

converts,as well

became

of Santa

nunnery

of San

Vicente

named

besides

Doctor

Juan

An

the brethren

of the inmates

some

as

Paula.

Isidro,all

of which

of the Geronimite

influential beneficiary
of the church

Francisco

de Zafra also

joinedthe group
secular and regular,
which,althoughlargelycomposed of clerics,
contained many
Francisco
laymen. We hear of two rag-pickers,
and Antonio de Cardenas,while there was also a noble of the highest
rank, Don Juan Ponce de Leon, of the great house of the
in the
Dukes
of Arcos,
Every class of societywas
represented
littleband, which numbered
and twenty,
a hundred
over
altogether
who

had

soughtsafetyin

arrest of Dr.

In

P"rez

Pineda

de

and

Julian

probablyabout
flight,

Hernandez,

the time

of the

Egidio.1

1557, from
commenced

some
a

aroused and the tribunal

was
cause, suspicion
which
to have
secret investigation,
seems

and eleven of the

inculpated,
whom
Geronimites of San Isidro sought safetyin flight,
among
two who became
were
noteworthy Ciprianode Valera and Cassioand certain writings
This increased the suspicion
doro de Reina.2
reached

the

ears

of

some

of the

"

of Doctor
1

Constantino

were

subjectedto examination;they had

Sehafer,I, 348-66." Bohmer, Bibliotheca Wiffeniana,Vol. II.

Ciprianode Valera was the author of Los dos Tratados del Papa y de la Misa,
of which two editions appeared in London, in 1588 and 1599, reprintedby the
VI of his Reformistasantiguos
pious care of Usoz y Rio, in 1851, as Volume
Of this work there have been two English translations,one
by John
espaftoles.
other tracts by
Two
Golburne
in 1600, and the other by J. Savage in 1704.
2

[Boon

PROTESTANTISM

428

VIII

for ten years, but, in 1557,

to all the tribunals called attention

passed current without animadversion

addressed

acordada

carta

them, followed,January 2,1558, by

to

to which

were

individuals.

three of his to be seized but

added

Finallythe tribunal
Juan

able to obtain

was

Perez,in

the

To

burnt,
burnt.1

evidence against
positive
them

convey

para confirmar en la Fe Christiana

work
of the Reformistas. His largest

Valera,Tratado
in Vol. VIII

not

been

busy

into

Spain

refugeof Geneva, had

works.2
preparingpropagandist

in

listof books to be

was

sobre Jiibileos,are

Aviso

and
a

translation of the great

of the Reformistas.
Institutio of Calvin,reproducedas Vol. XIV
the head of Protestant
churches,Spanishand
Cassiodoro de Reina became
and

French, in London, Antwerp

of the Bible

into Castilian"

Frankfort.

version

His chief work

passing under

the

was

name

the translation
of

Ciprianode

times by the Bible

Valera,who issued a revised edition. Printed in modern
lands vastlygreater than
it has a circulation throughout Spanish-speaking
Society,
hundred
three
Bohmer, op. cit.,
the author could have anticipated
years ago.
"

II,165.
Inq.,Lib. 940, fol. 3 ; Lib. 79,fol. 146." -The three books
condemned
were
Exposido del Psalmo Beatus mr, Sevilla,1546, 1551; Cathe1547,and Confesionde un pecadordelante
Anvers, 1546,Seville,
cismo cristiano,
These
all in the Valdes
1547.
are
de Jesucristo,
impr. sin author por Jullio,
cristiana and
doctrina
Suma
de
Index of 1559, togetherwith two others of his
Dialogode doctrina cristiana." Reuch, Die Indices des XVI Jahrhunderts, p. 232.
of
2 Juan
honor by Calvin and, as the little company
held in much
Pe"ez was
them into a congregationof which he was
he formed
pastor.
refugeesincreased,
sequently
church
at
Blois,becoming subIn 1562 he went to France and took charge of a
whose
chaplainto Rene*e de France,the widowed Duchess of Ferrara,
died
in
In 1567 he
Paris,leaving his
Huguenot tendencies are well known.
of the
of printingbooks in furtherance
little accumulations for the good work
tion
Testament; in 1557, a prose translafaith. In 1556 he issued a Castilian New
of
other
number
works.
followed
these
and
a
were
by
of the Psalms,
*

Archivo

de Simancas,

"

"

II, 57.
op. cit.,
of
his
writingswere
Several

BShmer,

viz. :
by Usoz y Rios in the Reformistas,
in Vol, II; Carta a FelipeII,in Vol. Ill; Breve Tratado de
consolatoria,
Epistola
al Hey Don Philipe,
in Vol,
de
Dios, in Vol. VII; Suplicacionla Doctrina antigua
in Vol. XVIII.
XII; Breve Sumario de Indulgenttis,
There

was

also by him

included

Catechism

"

Sumario

breve de la doctrina

Christiana,

by Crespinin Geneva, though with the imprint of Pietro Daniel

(Bohmer, II,SO). The
of Venice, with approbationof the SpanishInquisition
rigorwith which it was suppressedis illustrated in the trial at Toledo,in 1501,
Juan Fesque, a French priest,
of Mossen
simplyfor possessinga copy, which
bought without knowing what it was and had shown to a
he had accidentally
tortured with great severity,
He was
ing
without elicitbookseller for information.
else
he
there
was
was
nothing
him,
discharged.
as
against
more
and,
anything

printedin 1556

In the
and

course

Jacobo

Catechism."

of the trial allusion

Sobalti,who
MSS.

of

had

was

made

been burnt

Library of Univ.

of

to two

other persons, Antonio

Martel

by the tribunal for possessingthe

Halle,Yc, 20, Tom. III.

CHAP.

Ill]

THE

VALLADOLID

perilous
task,but

was

who

had

and

Germany,

years in

spentsome

of Frankfort.

it was

GROUP

undertaken

Paris,had

had

The

story that he reached

casks of Perez's

in

to Scotland

in the Walloon

deacon

Seville with

church

large
probably an
of
supply them, reachingSeville
outside the walls and
deposited

Testament,Psalms

exaggeration,but he brought a

by Julian Hernandez,

then wandered

and

become

429

and

Catechism

two

is

July,1557. The books were

were
smuggled in at night,or were brought in by Don Juan Ponce
in his saddlebags. Julian made
de Leon
fatal blunder
with
a
of the Imajen del Antichristo,
a letterand
a copy
addressed to a
which he delivered to one
of the same
who
priest,
was
a
name
Catholic.
When
the
the frontispiece
latter saw
the pope
good
as
tened
he haskneelingto Satan,and read that good works were useless,
with the dangerousmatter
to the Inquisition
which made
good use of the clue thus furnished. Don Juan promptly fled to
Ecijaand Julian to the Sierra Morena, but they were tracked and
brought back on October 7th. Other arrests speedilyfollowed
and the prisonsbegan to fill.1 With its customary unwearied
patience,the tribunal traced out all the ramifications of the
heretical conventicle,
after another as denunciations
one
arresting
of accompliceswere
obtained from prisoners.Dr. Constantino
not seized until August,1558,and
and his friend Dr. Blanco were
the first auto de fe was
not celebrated until September 24, 1559.
simultaneously,a similar association of
then the residence
Protestants had been discovered at Valladolid,
An Italian gentleman,Don Carlos de Seso, said to
of the court.
about
be the son of the Bishop of Piacenza,had been converted
He came
of Juan de Valdes.
to
1550, apparentlyby the writings
Meanwhile,

almost

Spain,bringingwith him heretical books and ardentlydesiring

faith. He -settledfirst in Logrono, where
to spreadthe reformed
he

made

of royal blood and highly esteemed, he

Castilla,
There he conof Toro, about 1554.
verted
appointedcorregidor
the Bachiller Antonio de Herrezuelo and his wife,Leonor

wife,Isabel
was

de

converts, and then,through the influence of his

some

de

Cisneros,Dona

Marchioness
Enriquez,daughterof Elvira,

Ana

of San Juan,
Pereira,Comendador
while,in Pedrosa,a town
and others of more
or less distinction,
the parish
lyingbetween Toro and Valladolid,Pedro de Cazalla,
of

Juan
Alcanizes,

also
priest,

his turn,

de Ulloa

his influence and

fell under

Among

his converts
1

was

his

missionaryin
Juan Sanchez,
sacristan,
became

Schafer,II,296, 354-7.

[BOOK VIII

PROTESTANTISM

430

alarmed Cazalla;in 1557, Sanchez

imprudent zeal greatly

whose

where he entered the service of Dona

Valladolid,
he soon
converted,and with her
Catalina de Hortega, whom
Beatriz de Vivero, a sister of Cazalla. Through them,
Dona
for

left Pedroso

brought to

were

the

Senora

of Nuestra

of the Cistercian house

nuns

seven

de Belen

faith,but the greatestconquest,about

new

May, 1557, was made when Beatriz de Vivero and Pedro Cazalla
their brother,Doctor
Agustin de Cazalla. No ecclesiastic
won
of higherrepute or greaterinfluence with all classes;he was
was
many
the favorite preacherof Charles V, who had carried him to Gerin 1543, where

his
possibly

with heretics may

Next to him
among

debates

his faith.

unconsciouslyundermined

have
the

might be ranked the Dominican Fray Domingo de Rojas,

of the highest.
for learningand eloquence was
reputation

converts

whose
had

He

been

to

Carranza

Cazalla;he had
he

Trent, in 1552, where

and since then

heretics,

some

to entertain

Dominicans

de

fellow student of Pedro

had

panied
accom-

encountered

had led his brother

of his utterances

Beatriz de Vivero

but, when
suspicions,

firm and even

nouncing
thoughtof defirstsoughtto convert him, he was
of 1557,however, AugustinCazalla
her. In the autumn

Carlos de Seso

and

him

won

over

to

heresy and he, in his turn,

brought in his brother,Don Pedro Sarmiento and his nephew

As in Seville,
Don Luis de Rojas,heir to the marquisateof Pozo.
the reformers

thus

included

men

well
as
ecclesiastically,

and
socially
their numbers
Still,

were

of the
as

highestconsideration,

those of the lower classes.

few; the wild estimates of five hundred

for they did not exceed fifty-five

or
baseless,
being scattered from Logrono
sixty,wholly without organization,
of Dona
Leonor
de Vivero,the
to Zamora, though the house
served occasionally
widowed mother of the Cazallas,
as a meotingfour
her
ten children,
place. Of
sons, Agustinand Pedro Cazalla,
six thousand

or

are

de

Vivero, and two daughters,Beatriz and

self,
Costanza,were involved;the rest seem to have escaped. She herafter the prosecutions
commenced, was only confined to her
and

Francisco

Juan

house; she speedilydied and

bones

received

subsequentlyexhumed

were

of the sons,

Gonzalo

this,one
from the
1560, a dispensation
It
and

was

the

inevitable that such

of

only source
1

Archive

de

and

Perez de
cosas

Christian
burnt.

but
burial,

her

Notwithstanding

Cazalla,
obtained,
May 12,

arbitrarias*

propaganda should be discovered,

is that it should have been carried
surprise
a

Simancas, Inq.,Sala 40, Lib,

iv, fol. 239.

CHAP.

THE

Ill]

for two

on

OLID

GEOUP

431

three years without betrayal,but this came

at last
from several sources.
In Zamora, Chrissimultaneously

almost
t6bal

AD

V ALL

or

de

Padilla,steward of the Marchioness

unguarded in his talk;towards Easter of 1558

the Edict
arrested
he

of Faith

by

the

and

warning
Even

de Vivero

friends,Dona

two

was

promptly

threateningthan

more

Francisco

he

reliance could

no

of
publication

which he was
on
denunciations,
thrown
into the publicprison. As

bishop and

Herrezuelo

that

Alcanizes,was

the

led to two

not incomunicado

was

of

and

able to send word

to his

advised

Cazalla,with

be

this

his sister

Antonia

Pedro

de

Padilla' s reticence.

placed on

the inconsiderate

was

zeal of

in seekingto
Beatriz,

de Branches

plices
accom-

and Dona

convert
de Fon-

Juana

seca.

Their confessors refused absolution and Easter communion

unless

they would

obtain full

information;this they did and the

tribunal was
of nearly all the
speedilyin possessionof the names
converts, and made arrangements to seize them all. Despiteits
Dr. Cazalla chanced

profoundsecrecy,

heretics in Valladolid who

were

de

Fonseca.

The

purport

had

of this

to hear

been
was

it said that there

denounced

unmistakable

by Juana
and

wild

the littleband.
reigned among
Desperate plans of
but the time was
too short. Some
sought
projected,
escape were
plices
by surrenderingthemselves and denouncing their accommercy
awaited arrest.
Only three attemptedflight.
; others silently
Fray Domingo de Rojas, disguisedin secular apparel,hastened
to Logrono to Carlos de Seso and the two tried to escape through
Navarre; at Pampeluna they secured a pass from the viceroy,
in hot pursuit;
but the agents of the Inquisition
were
they were
recognizedand conducted back under guard of twelve familiars
rather for their protection
which was
and some
mounted officials,
than to prevent escape for,wherever
bled
they passed,crowds assemwith demonstrations of burning them.
Fray Domingo was

confusion

in mortal
it

was

should slay him on the road, and

to enter Valladolid at night to avoid

fear lest his kinsmen

deemed

necessary

the mob.

Of
by
lapidation
in leavingSpain was
de Urdiales

caught a

was
1

vessel bound
year later and

For these details I

III,796-803), whose
Pedro

de Cazalla and

episodeof

am

all concerned,the

only one

Sanchez, who found at Castro

for Flanders and he, as we have seen,
shared the fate of his associates.1
I, 251-88, 296-307;
(op.cff.,

careful analysis of the trials of Dofia

Protestantism

ceeded
suc-

Juan

indebted to Dr. Schafer

Francisco

who

de Vivero

in Valladolid.

has thrown

new

Maria

de Guevara,

light upon

the brief

CHAP.

in

EXPLOITATION

Ill]

Flanders,engrossed in

BY

the

VALDES

433

with France.

war

His

Infanta

Juana, the temporary ruler,

was
a woman
she
and
her
and
capacity
advisers,in view

disquietin

France

the
sister,

of very moderate
of the religious

and

Germany, might reasonablyview with

the prospect of civil dissension which in that
the
age was
usual result of dissidence in faith. The outbreak in Seville had
not excited much
but now
this one at the court,involving
attention,
dread

such
in time

personages, portended unknown

from
to save
Valdes
as
disgrace,

(Vol. II,p. 47). On March

Juana

he had

we

have

ordered the

body

just

came

above

seen

the Princess Juana

23, 1558

to her father that when

evils and

ten
had writ-

of his mother

to be transferred to

Valdes
Granada, she had commanded
to accompany
it and then to visit his diocese of Seville;
he had
endeavored
to excuse
himself at the moment
but promised to
to obey shortly. Then, when
so
as
urged to do so some
arrange
it made
difference
no
days later he raised further difficulties;
whether the body was
buried then or in September; everybody
was
endeavoringto drive him away; troubles with his chapter
he was
pied
occurequiredhis presence at the court or in Rome; besides,
with some
heresies which had arisen in Seville and in Murcia,
and was
busy in endeavoringto get a subsidyfrom the Moriscos
the Seville heresies,
of Granada.
Evidently he was belittling
for sendinghim thither and,
lest they should serve
as
an
excuse
when Juana referred his letter to the Council of State,it insisted
that he could be

properlyobligedto

reside in his diocese.1

easilyconceived how

eagerlyhe grasped the

magnifiedso
opportune explosionin Valladolid and how it was
the court a vastly greaterimpressionthan the
as to produce on
more
dangerousone in Seville. In a letter of May 12th to Philip,
the discovery;the heretics were
the Suprema brieflyannounced
It

therefore be

can

and the time had been

numerous

so

insisted
but it suggestively
details,
of Vald6s

royal favor,action would

and
1

Gachard,

example

the

Retraite

et Mort

on

forward

the matter

to urge

short that it could

so

the

give no

necessityof the presence

and it hoped

that,with the

quents
be taken for the salvation of the delinand
de

restraint of others.2

As

have

we

II, 354.
Charles-quint,

de Simancas, Inq.,Sala 40, Lib. iv, fol. 228.

Archive
of the Seville Protestants,Diego
This letter also asks that one
2

had

Cruz,

who

should

be

VOL.

burnt

in

effigyand

promptly transmitted.

thirtyducats
does not

been

towards

appear.
in

books

to be

He

had

contributed

smuggled by

the

Cf. Schafer, I, 335; II,358, 407.

28

or

subsequently captured
to

latter.

Julian
What

Mateo
in

de la

Flanders,

Hernandez
was

his fate

[BOOK VIII

PROTESTANTISM

434

5th

June

had

who
for Philip,
producedimmediate effect,
to his see, on the
that he must be relegated

this

seen

14th countermanded

Charles had alreadybeen induced

the order.

written

to take the

position.As earlyas April27th, Juan Vazquez reported

same

adding
the arrest of Dr. Cazalla and the alarmingoutlook,
the
that
inquisitor-general
that the remedy should be speedy and
thoroughly
activelyat work.1 Charles was
and Suprema were
to him

been

combating

him
crippling

flesh,ranklingand

in the

thorn

his lifein

frustrated his ambitions;

and
baffled his policies

heresy; it had
it had

spent his strengthand

had

He

aroused.

at

cation,
him out and driven him to abdifairlyworn
its spectrebroke in upon the repose for which
and now
his wearied soul and exhausted body had longed. He was
palled
apin
the
of
the
renewal
of
only
struggle,
by the prospect a
his
a
nd
zeal
religious
land as yet preservedfrom its influence,
enkindled with the conviction that only by the enforcement
was
of

It had

turn.

every

unity of faith could publicorder and

monarchy itself

the

even

be maintained.

Accordingly,on

3d, he

May

not leave the

earnestlyto order that Valdes should

his presence was
Suprema all the

She

necessary.

so

asking her

to Juana

wrote

give

must

to enable them
support requisite

most

court,where
him

and

the

to suppress

so

great an evil by the rigorouspunishment of the guilty. Had he

he would himself come
and share the labor.
the bodily strength,
Juana

sent for Valdes

that he had

him

him

showed

and

and
regainedhis position,

the heretics,
reportsof which
arresting
The

he

more

pondered over

May 25th,in

On

grew.

the

the

were

which
letter,
the work

duly

the
situation,

assured

went

he

said,

excited he

more

longletter to Juana, he magnifiedthe

of stern measures.
the urgency
"I do not
that in these cases itwill sufficeto follow the common

guiltyof a firstoffence can secure

and professing
conversion for,when

that the
mercy

be free to

repeatthe offence.

not providedfor

cases

of

sent to Charles.

danger and
"

on

The
.

like these

know,"
law

pardon by begging
at

liberty,
they will

admission

for,in addition

to mercy

to their

was

enormity,

write to me, it appears

that in another year, if
ring
thus inferunchecked,they would have dared to preachin public,
from

what

their
so

without

you

for it is clear that they could

dangerous designs,
and
organization

armed

leaders. It must

Gachard,II,417, 418; I, 288.

not do

therefore

CHAP.

be

ALARM

Ill]

CHARLES

OF

435

whether

seen

of
without

they can be prosecutedfor sedition and disturbance

thus incurringthe penalty of rebellion
republic,

the

He

mercy."

to instance

on

goes

his

own

cruel edicts

under which the pertinacious

Netherlands,
burnt alive
were
and the repentantwere
beheaded,a policywhich he urged Philip
to continue and which the latter practised
in England, as though
its natural king,leadingto so many
he were
and such pitiless
of bishops. There must"
he concluded
even
executions,
"be
no
competenciasof jurisdiction
over
this,for believe me, my
I cannot
daughter,if this evil be not suppressedat the beginning,
there
will
that
be a king hereafter to do it. So I entreat
promise
for the nature
as I can, to do everything
possible,
you, as earnestly
in the

"

of the

case

name,

my

demands

it and, that the necessary action be taken in

I order Luis Quijada to go to you and to talk to such
direct."1

persons as you may

Not satisfied with

this,Charles,on the

day, sent

same

to

Philip

of this letter and

begged him to giveorders for the unsparing

for the service of God and the prespunishment of the guilty,
ervation
of the kingdom were
at stake.
Philip's
marginal note
this was
to thank him for what he had done, to ask him to

copy

on

press the

from

matter,and

Flanders.2

We

fulfilled,
though it was

to

assure

shall
done

him

see

that the

that

same

would

be done

Charles's cruel desire

was

and not by distorting

ecclesiastically

the secular law.

between Valladolid and
correspondence
San Yuste, Charles burning with impatienceand urgingspeedy
him that all possible
effort was making
action,and Vald6s assuring
in its crippledcondition for want
of funds.
by the Inquisition
Philipwas kept advised and wrote to Juana, from his camp near
Dourlens, September 6th,expressinghis satisfaction with what
not to delayby communicating with
had been done; they were
to take orders from
him, who was busy with the war, but were
he had written,askinghim to take charge
to whom
the emperor
There

followed

brisk

of the affair.3

Valdes
affair of

was

now

Carranza, which

exploitit to

of the

master

the utmost

both in this and

situation,

he

it to

largeextent.
addressed,September 9th,to Paul

hinged upon

the

To
IV

2
Ibidem, I, 301, 302.
Gachard, I, 293, 294, 295, 297.
Gachard, I, 302, 304,306, 309; II,401, 412, 416, 420-4, 435, 441,443, 448,
456, 461.
1

letter in which

[BOOK

PROTESTANTISM

436

he gave

brief account

of the

VIII

developmentof
the

dangers
and the poverty which
impending,the labors of the Inquisition
crippledits efforts. Adopting the argument of Charles V, he
Lutheranism

in Valladolid and

he dwelt
Seville;

pointedout that this Lutheranism

occurringas it did among persons
and

wealth, so that

treated with the

Judaism, who
Lutheranism

there

same

was

kind of seditionor

tumult,
of importanceby birth,
religion
a

was

perilof greaterevils if they

benignityas
mostly of low

were

upon

promised relief from

the converts
estate and

Church

Islam

from
not

to be

were

and

feared.

burdens, which

bore

bunals
while trihardly on the peoplewho would welcome liberation,
might scrupleto relax persons of qualitywho would not
endure penance and imprisonmentand, from their rank
patiently
both
and the influence of their kindred,great evils might arise,
and the peace of the kingdom. A papal brief would
to religion

without
under which the tribunals,
therefore,
highlydesirable,
could and should relax the guilty
scrupleor fear of irregularity,
from
whom
danger to the republicmight be feared,no matter
or
State,givingto the inquisitors
their dignityin Church
what
if
even
by the situation,
to employ the rigorrequired
full power
(Vol. II
it went beyond the limits of the law.1 We have seen
on
a firm
this appealin establishing
successful was
p. 426) how
itless so in obtaining
was
nor
basis the finances of the Inquisition,
and also a faculty
the cruel power for which Charles V aspired,
Allusion has already
which enabled Vald"s to destroy Carranza.
been made (Vol.II,p. 61 ; Vol. Ill,p. 201) to the briefsof January
over
4 and 7, 1559 by which Paul IV granteda limited jurisdiction
the episcopalorder and authorized the relaxation of penitents
believed that their conversion
who begged for mercy, when it was
be

was

not

with the
of power

sincere.

In

both

these

as
directions,

the limitation was

Inquisition,
was
freelyexercised.2

was

customary

and
disregarded

the

grant

Inq.,Sala 40, Lib. iv5 fol.230. This letter throws so

that I give it in
in the historyof the Inquisition
much
lighton a turning-point
Gorman
translation,
has
Schafer
the Appendix, although
printeda
(III,103)
2
Although called forth rather by the accession of Queen Elizabeth and her
ants,
the Anglican Church than by the SpanishProtestassertion of supremacy
over
of February 15, 1559,is worth alludingto as
the bull Cum
ex apostolatus,
deliberation with the
Issued after mature
the spiritof the age.
illustrating
all the laws,decrees and statutes against
Sacred College,
it confirms and
renews
As the vicar
heresy,at any time issued,and orders their strict enforcement.
1

Archive

de Simancas,

CHAP,

VALLADOLID

III]

DE

AUTO

437

FE

to set aside the law, the Inquisition

authority
was
prepared to impressthe peoplewith a sense of the danger of
wandering from the faith. Nothingwas spared to enhance the
effect of the auto de fe of Trinity
Sunday, May 21, 1559, in which
the firstportionof the Vallaclolid prisoners
to suffer. It was
were
solemnlyproclaimedfifteen days in advance, during which the
buildingsof the Inquisition
were
day and
incessantly
patrolled,
stationed at
night,by a hundred armed men, and guards were
the stagings
in the Plaza Mayor, for there were
that the
rumors
to be fired.
were
prisonwas to be blown up and that the stagings
Along the line of the procession,
palingswere set in the middle of
the street,
forming an unobstructed
path for three to march
abreast,intrusion on which was forbidden under heavy penalties,
but this and the numerous
guardswere powerlessto keep it clear.
Every house-front along the line and around the plaza had its
stagings;
peopleflocked in from thirtyand fortyleaguesaround
and encamped in the fields;
one
was
no
except the familiars,
allowed to ride on horseback or to bear arms, under pain of death

Having

and

obtained

confiscation.

The

headed by the efSgy of Leonor

de Vivero,
was
procession
who had died duringtrial,
clad in widow's weeds and bearinga
mitre with flames and appropriate
and followed by
inscription,
Those who were
her remains to be duly burnt.
a coffin containing
to be relaxed in person

Baez, was
to

Portugueseconvicted

with
reconciliation,

one, Gonzalo

fourteen,of whom

numbered

more

penance

less severe,

or

admitted

Those

of Judaism.

sixteen

were

number, includingan Englishman variouslystyledAnthony

Graso or Bagor probably Baker
punished for Protestantism,

in

"

of God

earth and

on

that all

"

clothed

guiltyof

with
schism

supreme

power,

Paid

IV

decrees in

clerics from

perpetuity

the lowest

fautorship
heresy
up to
shall be subjectto these laws
cardinals and laymen up to kings and emperors
which may be
of
shall
be
their
and
deprived
dignities possessions,
againstheresy,
as
seized by any one obedient to the Holy See; shall be held as relapsed,
though
secular
to
the
for the
shall
handed
be
arm
and
over
had
abjured,
previously
they
in which
legalpunishment, unless they manifest true repentance with its fruits,
the
if
of
it thinks
the
and
Holy See,they may,
benignity
clemency
case, through
or

or

"

"

be thrust
fit,

into

sorrow

and

V, Tit.
The

iii,
cap.

water

some

monastery

to

"

the most

Roman.,

1,840.

"

on

the bread

of

Lib.
SeptimiDecretal.,

9.

SpanishInquisitionkept this

Santiago,Lib.

performperpetual
penance

of affliction. Bullar.

in, fol.

solemn

55) but

utterance

never

of the

bull in its archives

seems

Holy

to have

See it is

had

(Bulario de la Orden
occasion

presumably

to

use

it*

stillin force.

de
As

[Boos

PROTESTANTISM

488

reached
procession

the

When

Baez.
like all the rest,excepting

VIII

plaza,Agustin Cazalla was placedin the highestseat,as the

conspicuouschief of the heresy, and next to him his brother,

the

de

Francisco

Cano

Melchor

Vivero.

at

once

commenced

the

which occupiedan hour, and then ValdSs and the bishops

approachedthe Princess Juana and Prince Carlos,who were
sermon,

protectand aid tlio

multitude respondedin a mighty roar,

present,and administered to them the oath

the

to which
Inquisition,

"To

the

were

in

Cazalla,his brother and Alonso Perez, who,

the sentences
duly degradedfrom the priesthood,

death!"

orders,were
read,those admitted
were

and
abjurations
to the

over

to

to reconciliationmade
to relaxation were

those condemned

Mounted

secular arm.

asses,
where the
on

del Campo,
and there they met their end.1
been erected,
the Plaza de la Puerta

they

givenfull information as
the law, with perhapstwo

had

and

Under

but
reconciliation,

handed
carried to

were

stakes
requisite
With

had

exception

one

the brief of

of the

sense

to their friends and

three

or

they
regardedas dogmatizers,

be

they

sary
neces-

word, for all but

professed
repentance,had begged for mercy,

martyrs in any true

had
recanted,

had

one

not

were

the

would

associates.

who
exceptions,
have

been

might

entitled to

January 4th had placedthem

at the

and an example was

desired.
Inquisition
Of these there were
only two or three who merit specialconsideration.
his
had at first equivocated and
Cazalla,on
trial,
denied that he had dogmatized,asserting
that he had only spoken
of the

mercy

already converted. As a rule,all the

he may
have been
eagerlydenounced their associates;
prisoners
to those

of these matters

more

reticent at first,
for he

alienum,

but

when

he
stripped

sentenced to torture

in caput
promisedto inform againstthem

was

which he did,including
Carranza among
fully,
him

as

to

as

had misled

conversion
purgatory.2He recanted,
professed

eagerlysoughtreconciliation.
him

those who

The tribunal insisted

chief of the conventicle

and,

on

on

and

regarding
preced-

the afternoon

ding the auto,it sent to his cellthe priorof the Geronimitc convent
of Nuestra Senora de Prado,with one of his monks, Fray Antonio

Bibl.

MSS., D, 153,fol. 95."

national,

The

impression
produced by

this auto

is manifested

of relations of it. Schafer printstranslations of

by the number
three (1,442; HI, 1,15) and refers to five others. There is still
another,drawn
tip

apparentlyabout

1570 and

'Schafer, 1,328:111,808.

by

no

means

accurate,in Bib. nat.,S, 151.

CHAP.

AGUSTIN

Ill]

CAZALLA

439

de la

Can-era,to endeavor to extract further information. As

officially
reported by Fray Antonio,they found him in a dark
cell,loaded with chains and with a pi$ de amigo encircling
his
head.
He greetedthem
warmly but, when informed of their

object,
protestedthat he had nothingto add to his confessions
without
bearing false witness againsthimself or others. For
two hours they labored with him in vain and then told him that
he

condemned

was

nothing of

to die.

papal brief;he

the

and
reconciliation,

to

one

"

He

an

it could

be

possibleand
might be saved

truth.

Then

after
absolution,
of God

mercy

like

he

incredulous,
asking

was

whether

there

ifhe would

he

confessed

he

was

make

repeated that he had

which

and

came

he

but
confession,
whole

announcement

hour; another,that

told that he

was

the

prisonhe knew
had fullyexpected to be admitted

stroke
thundera
version of the interview states that he fainted and lay

insensible for
whether

In the seclusion of his

no
a

escape.

more

plete
com-

alreadytold the

sacramentally and

received

spentthe time until morning in begging

thanking God

for

sendinghim
praisedthe Holy

for his

this affliction

he blessed and
Office and all
salvation;
its ministers,
sayingthat it had been founded, not by the hand of
but by that of God; he willingly
man
acceptedthe sentence,which

justand merited;he did

was

not wish for lifeand

would

not

accept

itfor,as he had misused itin the past,so would it be in the future.

All this was
repeatedwhen the usual confessors were admitted to
sanbenito

and the
morning came
it,sayingthat he put it on with

his cell and, when

he kissed

more
pleasurethan any
declared that,when opportunity

He
garment he had ever worn.
offered in the auto, he would curse

persuade everyone to do the same,

his placein the procession.1
So

great was

promise

with

be relaxed

Archive

were

and

detest Lutheranism

with which

purpose

exaltation that he

his emotional

during the

such exuberance

After the sentences

checked.

brought,

was

were

brought down,

when

read

auto

and

he took

fulfilled this

that he had
those

he reached

de Simancas, Inq.,Lib. 1034,fol.221."

and

who

to be

were

the lowest

to

step

Bibl. national,MSS., R, 29,

fol. 299.

See Schafer,III,78,for
of its

to

German

genuinenessagainst

There

Fray

hist,

is another
Pedro

recension

de Mendoza.

espafiol,
XI, 201).

translation of this and 1,325-7, for his defence

those who

persistin regarding Cazalla

as

martyr,

and ascribed
of this report,differing
in many
details,
de Zapata (Mem.
It is contained in the Miscelanea

CHAP.

SECOND

Ill]

dreadful to look upon him

be in hell with his comrade

Perhaps the

AUTO

on

as

and

one

DE

FE

who

in

441
a

brief moment

would

master,Luther.1

of all was
that of his young wife,
case
pitiful
Leonor de Cisneros. But twenty-three
years old,with lifeopening
before her, she had yieldedso promptly to the methods
of the
that she escapedwith perpetualprison. In the weary
Inquisition
de la penitentia,
the burden on her soul grew more
years of the casa
and more
unendurable and the example of her martyred husband
stood before her in strongerlight. At last she could bear the
with clear knowledge of her fate,she consecret torture no longer;
fessed
her heresyand, in 1567, she was
put on trial again. As
there could be no mercy
for her,but recantation might
a relapsed
at least preserve her from death by fire,
and earnest efforts were
made
her soul. They were
to save
she declared that
unavailing;
had enlightened
the Holy Spirit
her and that she would die as
had died,for Christ. Nothing could overcome
her husband
her
resolution and, on September 28, 1568, she atoned for her weakness
of ten

most

before and

years

burnt

was

alive

as

an

obstinate

impenitent.2
remainder

The

of the Valladolid

reformers

reserved

were

for

October 8th, honored

with the presence
of
celebration,
PhilipII, who obedientlytook the customary oath,with bared
It was, if possible,
head and ungloved hand.
occasion of
an
A Flemish official,
who
greatersolemnitythan the previousone.

another

present, estimates the number

was

thousand
at

home,

and,though he
he cannot

sufferers.3 Besides

must

repress

an

of

have

spectatorsat

been hardened

expressionof

Morisco who

two

hundred

to such

sympathy

scenes

with the

relaxed,a Judaizer reconciled

for other offences,
there were
and two penitents
twenty-six
the same
The lesson was
Protestants.
as in the previousauto,
Thirteen had made
that few had the ardor of martyrdom.
their
peace

in time

to

secure

was

reconciliation

or

penance.

Even

Juana

bringwith her a pairof scissors and

had cut her throat,recanted before death,but her confession was
considered imperfectand she was
burnt in effigy.Of the twelve
but only in two
relaxed in person, five manifested persistence,
Sanchez, who

had

managed

to

loc cit.
Illescas,
Ibidem, loc. c$." Schafer,III,118,
8
Vandeunesse, Journal des Voyages
Souverains,
IV, 74).
1

129.
de

PhilippeII (Gachard,Voyages

des

[BOOK VIII

PROTESTANTISM

442

did this withstand the test of fire. Carlos de Seso

cases

and, when

to the end

by

are

to stand when

severityof

guess the

can

to be

told that he had

familiars to enable him

two

sentence, we

we

torture

was

yielding
un-

ported
sup-

hearinghis

endured

by him.

set it
when the fire was
pertinacious;
him to the stake; he leapeddown and ran
burnt the cord fastening
in flames;it was
thought that he wanted to confess but, when
brought,he refused to listen to him; one account
a confessor was
that
him back into the flames,another,
says that the guardsthrust
Carlos de Seso calmlyburningand himself
he looked up and saw
sented
leapedback into the blazingpile. Fray Domingo de Rojas preaddressed the king,
front and, after his-degradation,
a brave
assertinghis heresies until dragged away and gagged,but when
brought to the stake his heart failed him; he declared that he

Juan

Sanchez

wished
same

likewise

was

to die in the faith of Rome

was

de

de Cazalla and Pedro

with Pedro

unrepentant,but

as

and

garroted.It was

who
Sotelo,

were

converted at the brasero.

were

the

gagged

Those

who

by prompt confession and denunciation of

accomplices
were, as a rule,not severelypenanced and, in many
There
abbreviated.1
would appear
cases, their punishment was

had

merited

to have

been

mercy

some

severe
especially

disabilitiesinflictedon

the

Seso, extending to the female line,

removable onlyby the Holy See for,in 1630, Urban VIII,at the
IV,grantedto Caterina de Castilla,
special
requestof Philip
daughter
grandwife of Carlos de Seso,a dispenof Isabel de Castilla,
sation
and
hold
honors
and
secular
to
dignities,
spiritual.2
descendants

Thus
dolid.
the

mass

was

of

Carlos

exterminated

Meanwhile
of work

dez and Don

de

Juan

the nascent

Protestantism

the Seville tribunal had

thrown

upon it by the
Ponce de Leon.
So

that the rule had to be broken

accomplices
togetherand, as

which

been

of Valla-

with
struggling

captureof Julian Herndnnumerous

were

the arrests

forbade the confinement of

the circlewidened,arrests had to be

postponed in expectationof an auto de fe that should empty the

cells until,
June 6, 1559, the tribunal asked for power to
on
houses to serve as prisons. To hasten the work, early
requisition
in 1559, Bishop Munebrega of Tarazona, an old inquisitor,
was
sent to Seville to aid the tribunal,
but he was
excessively
severe,
1

Schafer,III,53, 68, Dr. Schafer (I,334 sqq.),with his customary thoroughness,

has traced the subsequentdisposition
of those reconciled.
2
Deer. Sac. Cong, gti Officii,
p. 161 (Bibl.del R. Archivio di Stato in ftoma,
Fondo Camerale,Congr. del S, Officio,
Vol. III).

CHAP.

Ill]

SEVILLE

to
desiring

burn

AUTO

he

everyone;

soon

DE

FE

443
involved

became

in

bickering

and recrimination with the

inquisitors
Carpioand Gasca, of whom
he complainedbitterly;
votes in discordia were
frequent,appeals
to the Suprema were
constant and the work was
delayed.1 It was
not until September 24, 1559,that an auto could be celebrated.
If all Old Castile had poured into Valladolid,
all Andalusia
so
manifested its religious
zeal by crowdinginto Seville. Three days
in advance the peoplebegan to assemble,
until the citycould hold
and they were
no
more
obligedto sleepin the fields. The stagings
and scaffoldings
the most extensive scale and a placewas
on
were
providedfor the Duchess of Bejar and'her friends,who
specially
apparentlydesired the pleasureof seeingher kinsman,Juan Ponce
relaxed.2

de Leon
somewhat
the

marred

civil and

by

an

frailes and
thirty-eight

for their doom

to prepare

so

not settled for several

was

services of

The

often the case, the solemnities were

unseemly contest for precedence,between

was

ecclesiastical authorities,
which

of 1560 and

auto

As

those who

were

renewed

was

at the

years.3
Jesuits

required

were

to be relaxed.

The most

prominentof the victims was Don Juan Ponce de Leon, who had
remained hardened,duringhis two years of confinement,
in the
belief that
ardent

of his rank

man

Protestant;he had

where

worshipwas
his
where, raising
faith,and

founded

not

be burnt.

in his lands

He

sort of

was

an

church,

conducted
hands

could be burnt there to

of his

would

he

in secret;he had gone to the brasero

to heaven, he had wished to God that he

in defence
ashes,with his wife and children,

had

ducats he would

said that if he had

income

an

of

twenty

spend it all in

evangelizing
Spain but,
he learned
when
night,he professedconversion;
he busied himself in urging his fellow-convicts
the staging,
on
their errors, and he made
to abandon
an
exemplary end with
tears and repentance. The next most
conspicuoussufferer was.
the Licenciado Juan Gonzdlez, a famous
preacher. He was of
Moorish descent and, when
only twelve years old,had been penanced
he
had
his
trial
at C6rdova for Moorish errors.
Throughout
steadilyrefused to incriminate others and, during the night,he
the padres'exhortations with the psalms of David.
answered
On the staginghe talked heresy with his two sisters until he was
victim
gagged and all three were burnt. The most interesting
de Bohorques, aged 26, natural daughter of Pero
Marfa
was
thousand

his fate that

*
8

ScMfer, I,382; II,361-8.

Archive de Simancas, Inq,,Leg,

787.

Ibidem, II,271.

[BOOK

PROTESTANTISM

444

disciple
sant
thoroughlyconver-

Xeres,a prominentcitizen of Seville. She

Garcfa de

VIII

was

Reina,highlyeducated and
When
senses.
in both its literaland spiritual
with scripture,
she received them pleasantly
the confessors entered her cellthat night,
It
fateful
at their
was
message.
and expressedno surprise
in vain that relaysof frailes soughther conversion" Dominicans
to Carmelites. She
Jesuits and Franciscans succeeding
following
the only one
met all their arguments with biblicaltexts,and was
defended her faith. Thus she passedthe
who
of the condemned
On the stagingPonce
to the procession.
nightuntil summoned
de Leon
sought to convert her but she silenced him, sayingthat

of Cassiodoro

it was
who

de

time for meditation

her

surrounded

as

the Savior.

on

She treated the frailes

intermeddlers

troublesome

but, at three

soon
afterwards,
relapsing
o'clock,she yieldedto their entreaties,
however, to her errors, and she was burnt. Another prominent
was
culprit

Hernando

de San

Juan, master

of the Doctrina Christiana

obstinate

who
heretic,
read,
resisted all efforts at conversion. After his sentence was
in his errors, when he
asked whether he persisted
the inquisitors
emphaticallyanswered in the affirmative. Thereupon he was
gagged,which he endured as though thankingGod that it was
given him to suffer for His sake. At length,however, he was
persuadedby the frailes to escape burning alive by conversion,
uncertain as he had been impeniwas
we
are told,
but his salvation,
tent
for children in Seville. He

was

an

until then.1
this auto, there were
of the
Lutherans,besides the effigy

relaxed in person

at
Altogether,

Two

of these

Baldie

Antonio

foreignersCarlos

were

"

Evidentlyfull use

Frenchman,
was

converts, but whether

made
any

eighteen

Francisco de Zafra.
fugitive

master

de

Brujas,a Fleming and

of the ship Unicornio.

of the power to execute

to the end and
persisted

repentant
were

burnt

gatheredwith certaintyfrom any of the relations.

The only guidewe have is the generalassertion of Illescasthat,
there were
in this and subsequent autos in Seville,
fortyor fifty
Lutherans
executed,of whom four or five suffered themselves to
be burnt alive.2 Besides those executed there were
eightLutheralive cannot

be

Bibl, national,MSS., R,

Historia
Illescas,

To

the

relations

29, p. 310.
Paulo IV, " 4.
Pontifical,
Spaniardsof the period all Protestants were Lutherans but, from the
of the Seville refugeeswith Geneva, it may be assumed
that these were

Calvinists,

CHAP.

ans

for

SEVILLE

Ill]

DE

FE

445

three abjured for vehement

reconciled,
lightsuspicion,
making fortyin all. Two
down

to be torn

and

AUTOS

and

Isabel de Baena
also

were

of whom

"

sowed

with

which

had

for
thirty-four
culprits
three

salt
"

been

suspicionand
houses

used for

other offences

"

ordered

were

those of Luis

ten

de

Abrego
meetings. There

fourteen Moriscos

four bigarelaxed,one Judaizer reconciled,

mists,
twelve for holdingfornication not to be
two blasphemers,
a
sin,and one false-witness,
making a total of seventy-fourand
givingthe crowd ample entertainment.1
The work went on with unrelaxingvigor,but it was
not until
that
December
another gaol-delivery
could be arranged.
22, 1560,
Of this auto we have the dry officialreport,
which shows that there
fourteen relaxations in person and three in effigy,
the latter
were
and
being the deceased Doctor Egidio and Doctor Constantino,
Perez
de Pineda.
the fugitive
There
Juan
fifteen reconwere
ciled
and

imprisoned, five abjurationsde

there

and
levij

de

were

afterwards

soon

there

and

three

but
acquittal,
making forty-onein all,

one

was

vehementi

sixteen

were

Spaniards and

twenty-six

foreignersdischargedas innocent,showing how reckless and

Whether any of the relaxed
had been the arrests.
indiscriminating
burnt alive is not recorded,for the
to the end and were
persisted
sive
only remark accompanying the reportis that there were no offenbecause those likely
to utter them were
dulygagged
speeches,
in advance.2
notice. At
deservingspecial
the head of the listof sufferers stood Julian Hernandez, who had
errand of evanleft his safe retreat in Frankfort on the desperate
gelizing
zalez
Spain. He had lain three years in prisonand, if Gonhe bore unshrinkingly
de Montes is to be believed,
repeated
carried back
torture without betrayinghis associates and, when
his fellow-prisoners
would inspirit
to his cell,
by chantingalongthe
Of these there

were

two

or

three

corridors
Vencidos

van

Vencidos

Corridos

van.

Archive

appears
'

to
persisted

a fraile had
lighted,

were

adds that he

de

his gag

Simancas, Consejo

frayles,

los lobos,

van

Corridos

Montes

los

van.

end, when, after the faggots

in hopes of his yieldremoved

the

Secretaria de

to be the only complete relation of the auto.

II,290, 295, 311.

Schafer,

Hacienda, Leg.

25.

"

This

[BOOK

PROTESTANTISM

446

VIII

with his obduracy, cried "Kill him! kill him!"

ing and, disgusted
It may be hoped
into him.
when the guardsthrust their weapons
that he was
spared the final agonies,but there are not wanting
his resolution
indications that,towards the close of his imprisonment,
evidence
and that he furnished
againsthis
gave way

comrades.1
Juana de Bohorques, wife
that of Dona
was
acquittal
of Don Francisco de Vargas and sisterof the Maria de Bohorques
She died in prisonand
who had perishedin the previousauto.
it

The

one

was

her fame

case

severest
the

that

memory

death

says that her

Montes
the

and

were

caused

was

Llorente,served

by atrocious

to

accusations

againstthe Inquisition.In

the truth of the

as

one

de
and

of the

the absence

of

be ascertained

story cannot

readiness to render

if true, it manifests more

at the cost of self-condemnation than

torture

base for

has,thanks

documents

Gonzalez

absolved.

we

but,
righteousjudgment

are

accustomed

to

Inquisition.2

attribute to the

chief commercial

Seville,as the

centre

of

Spain, naturally

and mariners,and this auto furnishes'

merchants
attracted many
methods
in discouraging
illustrationof inquisitorial
commerce.
an
the relaxed

Among

foreignersa Frenchman
Englishmen,William Bruq

three

were

and

Fabreo

Bartolome

named

there

two

"

(Brooks) and Nicolas Bertoun (Burton or Britton). Of the two

former we know
only their fate,but of the latter we chance to
have

some

details. Burton

made

no

secret of the reformed

wherefore

he

property,sent
After months
when

he went

of

young

delayhe

back

supercargo, who
he had been trained,

all the merchandize

of the
man

shipmasteror

faith in which

arrested and

was

sequestrated.One

was

was

owners,

named

John

in his

seekingto
Frampton

charge

recover

his

to reclaim it.

told that his papers were

insufficient,
and returned to Seville with what
to London
was

delaysensued and then he was cast into the

book had been found
secret prisonon the chargethat a suspicious
in his baggage the book being an Englishtranslation of Cato.
His trial was
protracted,
though he made no secret of his belief;
tortured until he fainted and, when
he was
his endurance was
he consented to adopt Catholicism. Burton was
exhausted,
more
needed.

was

More

"

Inquis. Hispan. Artes detectse,

pp. 219-22."

Inquis.Hispan.Artes detectse,
p.

iii,

n.

26.

181."

Schafer,
IT,360.
Hist, crit.,
Llorente,
cap, xxi,

art,

SEVILLE

Ill]

CHAP.

A UTOS

DE

FE

447

and was
burnt.
persistent
Frampton, after fourteen
confiscation
confinement,
escaped with reconciliation,
of sanbenito
the

goods
figuredhis
at the

auto

and
under

The

enormous

sum

of

the whole

"50,000

lost to
auto

fifteen of

The

number

exaggeration,

an

side
profitable

of persecution

sight.1
celebrated

was

April 26, 1562, and

of Lutheranism.
There
forty-ninecases
of them are described
person and, as none
assumed
that all were
garrotted. There was

and

year

confiscations at the

doubtless

"

Spain. All
confiscated;Frampton

charge were
and

and

of

to leave

never

affair indicates that the

not
next

Burton's
loss at "760

own

but the whole

was

prison,with orders

months

were
as

comprised

nine

relaxed

in

it may
be
obstinate,
of the dead
one
effigy

nine were
monks
of San
fugitives.Of the latter,
whom
were
Isidro,
Ciprianode Valera and Cassiodoro de
among
Reina.
That the native stock of heretics was becoming exhausted
in the fact that,of the thirty-three
is seen
in the
persons figuring
This was
auto, twenty-one were
mostly Frenchmen.
foreigners,
followed by another auto, October 28th of the same
year, in which
of Lutheranism, of which nine were
there were
cases
thirty-nine
in effigy,
relaxations in person and three of fugitives
of the
none
ciliations,
culprits
being described as impenitent.There were nine reconde
vehementi
and
de
seventeen
levi.
one
abjurations

of ecclesiasticsis

noteworthy feature

Maestro
for,besides the Prior of San Isidro,
in person

and

of this auto

Garcf Arias

Blanco,

in

and seven
effigy,
who
abjured de vehementi. They contributed largelyto the
fines levied,amounting to 5050 ducats and 50,000 maravedis,

there

were

four

burnt
priests

one

besides four confiscations of half the property. It may

moreover,

that

the officers and

in

crew

of the

for three

body,
reconciled and four abjuredde vehementi?
six were
and more
perilous.
Spain was becoming more
to

seem

have

fallen victims

of Seville Protestants

littleband

The

number

Strype,Annals

from

MS.

Erasmus's

of the

relation of his

Precepts of

Cato

in

Schafer, II, 312, 319.

shipAngel
burnt,

were

Tradingwith
almost

rooted

England I, 228-35 (London 1709),

by Frampton. An English translation of
sufferings
was
publishedin 1545 and was probably the book
Reformation

Frampton'spossession.If
compromise him.
found

of

thus

marked,
re-

constantlypreponderating
April 19, 1564, only presented

out, and the succeedingautos show

of foreigners.That

was

be

in

so, the

name

of Erasmus

was

sufficientto

CHAP.

MISSIONARY

Ill]

EFFORTS

449

there to be any real danger that Protestantism coulcl obtain

foothold.
Yet the danger was
deemed
that extreme
so pressing

to protect the land from the intrusion of

justified
PhilipII had lost no time, after his return from
EJanders, in issuingthe pragmatica of November
22, 1559, by
all Spanish youth studying abroad
which
ordered
home
were
within four months, and all Spanish subjectsfor the future were
forbidden to seek foreign
lands for study under penalty,
for laymen,
of confiscation and perpetualexile,and for clerics,
of forfeiture
of temporalities
and loss of citizenship.
The only exceptions

measures

were

foreignideas.

allowed

the

of Albornoz in Bologna and those

college
of Rome
and Naples,for Spaniardsresiding
in Italyand that of
for the professors
Coimbra
there.1 It would be difficultto exaggerate
the unfortunate influence of this in retarding
opment,
develSpanish
were

yet it was

but the firstof

series of

abroad

which, by

measures

Spain,crippledits energiesin every

isolating
The spectre of active proselytism
the
on

direction.

part of Protestants

vigorouslyconjured up to stimulate vigilanceand

repression.Undoubtedly the refugeesin the Rhinelands
justify
their
and Switzerland
were
earnestlydesirous of evangelizing
to this end, but the
native land, and they labored industriously
was

in the way
difficulties

great and

too

were

the

reports as to their

systematically
exaggerated. Carranza,in

his

defence,
but though
dwelt on his exertions in Flanders to check this traffic,
told of barrels full of a forgedletter of PhilipII and of a
he was
papalbull,at the Frankfort fair for shipmentto Spain,and of shops
in Medina del Campo and Malaga to which heretic books were
effortswere

sent,the net results of his energy

fact there
that

times

who

men

bring in
a

was

in allthis.2 The

books, but his fate was not

missionary undertook such work his mission
a

few

lupe he fell in with

Minim

inclination to Lutheranism
to his

Grenoble
an

named
and

he

tribunal of Toledo, when

Nueva

Coleccion

at

apt to

cay)
Lequeitio(Bis-

Fray Pedro, who

his

to unbosom

pretended
himself

speedy arrest by

boldly confessed

as

i, Tit. vii,ley 25.

de Documentos, V, 530.
29

was

On the road to Guada-

led Bernat

Recop. Lib.

landed

errand.

in
plans and hopes, resulting

in

proves

might occasionally
encouraging. If some

took

Hughes Bernat of
August 10,1559, on such

VOL.

of Julian Hernandez

career

of

their lives in their hands

be brief.

as

littlesubstratum

how

show

to himself

the
and

[BOOK VIII

PROTESTANTISM

450

accomplices.He was sentenced to

relaxation in the auto of September 25, 1560, and as he is not
conversion when,
he probablyprofessed
described as pertinacious,
tortured to discover his

was

for

some

reason,

his sentence

was

executed.1

not

In the trial of

hear of
at Toledo,in 1564, we
Gilles Tibobil (or Bonneville),
from
Francisco Borgonon, a French haberdasher who, in his trips
France,brought with him heretic books, but they were for the
benefit of

littleHuguenot

colony in Toledo; the number

of such

rather than
Flemingsin Spain was largeand this,
probablyexplainsthe greaterpart of
projectsof evangelization,
the smuggling,attemptedor performed.2
constant
however, of propagandism on
There
were
rumors,
served to magnify the importance of the
a largerscale which
In 1566,
interference with commerce.
and to justify
Inquisition
Francisco de Alava, a Spanishenvoy to France, was busy in
Don
Montpellierendeavoringto trace the agency by which heretic
men
books were
conveyed to Catalonia,where the number of Frenchand, in the same
year, Margaretof Parma, from
was
large,3
,,theNetherlands,sent to Philipthe absurd statement that thirty
of Calvin's books had been transmitted throughSeville,
thousand
thereupon the Suprema issued vigorousorders for their seizure.4
and

Frenchmen

SH January, 1572,itannounced to allthe tribunals that the Princess

n'
B6arn
(Jeanne d'Albret)had recentlyheld an assembly of
in which
Lutherans,

it was

resolved to send

some

of their ministers

The utmost vigilance

to Spain as missionaries.
was
disguise
all the commissioners were
to
enjoinedto counteract this effort;
be asked to order all priests
and preachers
be warned and prelates
in

to be

of

on

In

the watch.5

June, 1578, it sent lettersto

that advices from Valladolid showed

tribunals,
stating

hereticshad

printeda

New

Testament

in

Spanish,with

number
that the

Venetian

nacional,Inq. de Toledo,Leg. 108, n. 3." Schafer,II,81.

nacional,Inq. de Toledo,Leg. 113, n. 64, fol. 20. The little
knot of Huguenots in Toledo is treated exhaustively
by Dr. Schiifcr in the ZcitHe
1900.
reckons
at about fortythe numKirchengeschichte,
October,
schrift
fur
ber
1

Archive

hist,

Archive

hist,

"

of those alluded to in the

is probablya full estimate for,

as usual,
they knew or suspected. The tribunal made
of them in the auto of June 17,1565,where forty-five
culprits
appeared
were
relaxed,though what portionof these were Protestants is not

they freelydenounced
short work
and

eleven

which
trials,

all whom

stated.
3

4
6

Schafer,II,70.
Archivo
de Simancas, Inq.,Lib. 940, fol. 3.
Lib.
82, fol.16j Lib. 942, fol. 31.
Ibidem,

CHAP.

Ill]

MISSIONARY

imprint,and
heretic

the-land
flooding

were

therefore

451

with

and also that the

copies,
fulness
correspondentsin Spain. Great watch-

ministers had
was

EFFORTS

commanded

at all

sea-portsand

frontier

of the prohibited
towns, and all persons found in possession
volume
to be sent to Madrid

were

renewed

this scare
later,
strengthof information from Flanders,but
Toledo tribunal at this perioddo not indicate

of the

these efforts were

with any captures.1

zeal Protestantism may
have
proselyting

Whatever

the
that

rewarded

away

with the

work

of the kind

Anhalt

was

the

on

records

for trial. A month

earlyyears
of which

had

passed

of the seventeenth
we

introduced into Seville

century. The latest

hear is that,
in 1603, the Prince of
number

of

copiesof the Bible of

Duchess
of Bar, sister
Ciprianode Valera and, when Catherine,
of Henry IV, heard of this,
she ordered six hundred
copiesprinted
and sent a Huguenot gentleman, named
Hierosme
de Taride,to
the Duke

of la Force

at

la Force

Saragossa,when

Pau,
gave

to learn how

him

the

to transmit

names

of

them

to

partiesthere

could be trusted to handle them, but the death of the duchess

in 1604 put an end to the project.2The ThirtyYears' War gave
who

the German

Protestants

ample occupationat home and, after the

Peace of Westphalia,proselytism
out of fashion.
was
Yet it was a curious episodeof the War of Succession that when,
Charles and his Englishalliesseemed for a
in 1706, the Archduke
all the kingdoms
brief space to be at the pointof success, when
of the Crown
of Aragon had acknowledgedhim and he even
for
a time
occupiedMadrid, the opportunitywas seized to circulate
catechism
of Anglican doctrine in Spanish and other books
a
to the faith. The energetic
measures
adopted by the
prejudicial
this assault show the strengthof its appreto meet
Inquisition
hension.
It ordered the most careful watch to be kept at all ports
Edicts were
to be published
these
and frontier towns.
forbidding
and

all other works

were
inquisitors

of evil doctrine introduced

told to be

and
by heretics,

in punishingthe guilty,
ing
enforcenergetic

by censures, interdicts and cessatio a divinis

when, if these proved futilethey were to abandon, in solemn procession,
risk
of
their
lives.3
the
at
the disobedient cities,
even
limited
of the Spanish people,in this same
The rising
year, soon
of this
hear nothingmore
the territory
we
occupiedby the Allies;
their sentences

Archive

Eduard

Archive

Simancas, Inq.,Lib. 941, fol. 5.

Bohmer
in Zeitsch.ri.ft
1897, pp.
fur Kirchengeschichte,
hist, national,Inq. de Valencia,Leg. 1, n, 4, fol,123.
de

373

sqq.

[BOOK

PROTESTANTISM

452

VIII

attempt at conversion under the shadow of the sword and, taken

Spain have attracted vastly
a whole, the efforts to evangelize
as
attention than their intrinsic importancedeserves.

more

Unsuccessful
in

to introduce

the

continued to be occasional cases

of

the endeavors

were

as

Spain,there

or wholly,of which
embracing them partially

There

December

24, 1562, Hernando

was

He

Talavera.

few

trines
doc-

Spaniards
examples may

arrested and broughtto the Toledo tribunal,

be cited.

near

new

was

at times melancolico.

Diaz, a cowherd

of San

creature,who
simple-minded
there had

In the Sierra Morena

Roman,
had been

been

much

doctrines made known

the shepherdsof the Lutheran
talk among
While working there he had heard of them,
in the Sevilleautos.
they fixed themselves in his wandering mind and, when the fit

him, he could not help talkingof his imaginacionesas he

called them, althoughhis wife and daughterand his neighbors,
was

on

cautioned him

having

againstit.

denied

salvation

came

the

by

At his firstaudience

and
of pope
faith and love of God
power

he

freelyadmitted

priestand

asserted that

charityand love of
of the Church or by indulgences
and

and not by the laws

neighbor,
treated him kindly,
and images and pilgrimages.The inquisitors
which he professed
lingness
wilexhortinghim to cast aside these fancies,
to do but could not control them.
Physicianswere called
in who bled and purged him; be begged for mercy, but could not
when
his beliefs. This went on for a coupleof months
conquer
his conversion through the teachingof his cellhe announced
Juan
Ramirez, who confirmed it,
companion, a priestnamed
that Diaz had talked like a Lutheran until the feast of the
stating
conversion of St. Paul,when he had read to him from his breviary
the services of the day and had urged his conversion;Diaz had
wept and professedhis belief in the Church and Ramirez held
one's

'him

to be

sincere.

Thus

far the conduct

of the

case

had

been

and considerate,
but when the consulta de fe
eminentlyhumane
while
met, May 17th,two of the consultors voted for relaxation,
the two inquisitors,
the Ordinary and two others voted for reconciliation,
confiscation and irremissible perpetualprison and sanbenito.
At an auto held,September19th,this sentence was
duly
pronounced and, when the city of Toledo was assignedto him
for a prison,
he was
thrust into the streets to take his chance of
starvation.1 The case is not without interest as showing that the
1

MSS.

of

Library of Univ,

of

Halle,Yc, 20, T.

Ill,

CHAP.

Ill]

OCCASIONAL

read at the autos

sentences

VICTIMS

might be

as

453

effective

the dreaded

as

missionaries.
A

heretic of different calibre

Valencia, a gentleman
evaded

he

the

up for him

Church

and

live and

die,he

refused to

to the

summoned

Caspar Centellas of
culture. During his trial,

with skill but, when

he

made

was

the Church

as

pope

obdurate

was

accusation

defence in which

Don

was

of birth and

of

signit.

God,

He

to

his counsel

the
recognize

in which

renounced

drew

Roman

he wished

to

all defence and

who were
arguments of the theologians,
peatedly
rethere
to convert
him;
was
nothingto do but

burn

executed accordingly,
him, which was
September 17,
Don
1564.1
His brother,
Comendador
of MonMiguel Centellas,
likewise
but was
tesa,was
exposed to a prolongedtrial,
acquitted
in 1567.2
Connected
with Don
Caspar was Doctor 'Sigismondo
Arquer who, though not a Spaniard,was a Spanish subject,
being from Cagliari.His trial at Toledo occupied nine years;
he was
unrepentant to the last and when, in the auto of June 4,
to

delivered to the secular arm, a curious debate arose.

officialentrusted with the execution of the sentences declared

1571, he
The

was

that,under
and

he

the law in other

ordered

Arquer

populace could not

in which Arquer was
fire was

this ill-timed mercy;

piercedwith halberds and

endure

By this time it was

the

so, half dead

finallyset and
and

cases

rare

are

to find

riot occurred

other weapons;
already,he was burnt.3

native Spaniardtried for Protestantism,

virtually
disappearas culprits.Moreover,

women

which

to

there was
no
offences,
burning alive
The
be garroted.
pious zeal of the

classed in the records

as

cosas

de

Luteranos

aberration or careless
trifling
nearlyall those in which some
by the calificadoresas savoringof Lutherspeech was qualified
anism, so that the statisticsunconsciouslyexaggerate greatly
Such cases were
the prevalenceof Protestantism.
mostly treated
that of Mosen
with leniency,
Monserrat, a beneficed priest'
as
of the church of San Salvador,accused in 1567 of Calvinism,to
unction was
not as
for sayingthat extreme
the Valencia tribunal,
are

efficacious
sacraments

mortal sin to administer the

formerly,that it was
Orders were
not as
in mortal sin,and that the religious

as

strong as they had been.

in presence

utterances
1

MSS.

He

of the

escapedwith having to revoke his

chapterof San Salvador and with

of Library of Univ.

Archivo

Schafer,II,93.

hist,

of Halle, Yc, 20, Tom.

national,Inq. de Valencia,Leg.

XI.
30.

nine
celebrating
tried at

was

[Boos VIII

PROTESTANTISM

454

So, in 1581,Juan de Aragon,a peasant,

masses.1

Toledo,on

chargeof sayingthat masses

priestwas a sinner who could
a

for the dead

do nothing
absurd, for the
oneself to God and
with God, and that it sufficed to recommend
the consulta de fe voted in
the saints. He denied the accusation,
discordia and the Suprema merely sentenced him to abjurede levi,

were

to hear

as

mass

While

penitentand

such trivialmatters

to pay

form

fine of twelve

the bulk of the

cases

ducats.2

of so-called

serious ones, such as

more
occasionally
that of Juan L6pez de Baltuena of Calatayudin 1564,at Saragossa.
In his written defence there were
as
qualified
sundry heresies,
Lutheran,for which he was condemned to abjurede vehement!,
to read,write or talk
for life and never
to serve
in the galleys
there altogether
about theology.3Nor were
lackingcases, like
those of Centellas and Arquer,in which conscientious conviction
to the stake,as that of Pedro Mantilla,
carried the delinquent
a
student of Vezerril in Old Castile,
who, in 1585, was relaxed at
Arian in denyingthe
who was
heretic,
Saragossaas a pertinacious
papal authority.4
Trinityand Lutheran in rejecting

Lutheranism

The

there

were

last relic of the movement

of 1558

was

the

Pedro
Catalan,

Gal"s,reckoned as one of the most learned Spaniardsof the age,

and highlyvalued as a correspondent
by such scholars as Isaac
As earlyas 1558 he had
Casaubon, Cujas and Arias Montano.
commenced
of the Catholic dogmas, but he escaped
to reject
some
and enjoyedintimate relationswith ArchbishopAntonio
suspicion
Agustin,who made him. one of the interlocutorsin his celebrated
Dialogide Emendatione Gratiani the firstassault on the authority
of the False Decretals.
About 1563 he leftSpain for Italy,
where
he made
by the
progress in heresy,leadingto his prosecution
Roman
and the loss of an eye under torture.
Inquisition
tion
Abjurasaved him and, in 1580,he returned to Spain,where Don
Juan de Idiaquezsoughtto secure
him as tutor to his son Alonso.
In 1582 he passed throughItalyto Geneva, where he married and
of
occupiedthe chair of philosophyuntil 1586, He rejected
some
the Calvinist doctrines and, leavingGeneva, he taughtin Nimes,
"

Archive

administer

hist,

Ligorio,Theol.
2
3
*

MSS.

national,Inq. de Valencia,
Leg. 31. That it
in mortal
sin is thoroughly orthodox.

sacraments

of

Moral.,Lib.

vi,

n.

32, 33.

Library of Univ. of Halle,Yc, 20, T. I.

Archive
de Simancas,Inq.,Lib. 716,
Bibl. national,MSS., PV, 3, n. 20.

is mortal sin to
See

Alph.

de

CHAP.

Ill]

OCCASIONAL

VICTIMS

455

Orange and Castres,holdingfrequent disputeswith Huguenot

preachers. Accompanied by his wife and two littledaughters,he
his way to Bordeaux, in August, 1593, when
on
was
the Leaguers
Marmande
at
arrested him as a Huguenot, with his preciousaccumulation
of MSS.
the

Capitan Pedro
the

at

He

and

the extreme

the
The

delivered to

was

been

Sarravia

importanceof the information

of Marmande

He

placed by PhilipII
the Marquis of Villars,
of Guyenne.
Governor

could extract from

Villars

had

secret of his belief and

no

bales.

in ten

Saravia,who

service of

made

books

him

as

to his

was

which

impressedwith
the

Inquisition

but the
co-religionists,

Governor

refused to convey
him across
the border and, when
offered to hang or drown
appliedto, he obligingly

was

but
heretic,

distracted wife

husband

and

succeed

while

from

shrunk

was

Sarravia
he

the

of extraditing
him.
responsibility
imploringthe officialsto liberate her

consumed

was

seekingthe

with

anxiety lest she should

intervention of

Philip. In this
he succeeded;Gales was
surrendered to the tribunal of Saragossa,
where he freely
admitted his faith and stubbornly
refused conversion,
but his endurance
was
mercifullyspared by sickness and
death after his third audience and, as an impenitent,
his bones
and effigy
burnt in the auto of April17, 1597.1
were
In all,the cases
of so-called Lutheranism,collected by Dr.
to 1995,of which 1640 are of foreignSchafer,
ers
up to 1600,amount
and 355 of Spaniards,
and he estimates that he has succeeded
in finding
about two-fifths of the autos de fe of the thirteen tribunals
of the mainland.2
This probably conveys
accurate
a reasonably
but
impressionas to the comparativenumbers of the two classes,
estants,
it would be a gross error
to regard all the Spaniardsas real Protfor the

was

great majority may

be assumed

to

have

been

imaginationof the calificadores.

continue to occur
In the seventeenth century scattering
cases
from time to time among
Spaniards,but their treatment indicates
no
th,atthere was
longerfelt the necessityof making examples.
Fray Juan Gonzdlez de Carvajal,a Benedictine who had been
expelledfrom his Order for repeatedescapes, embraced Calvinism,
and obtained absolution;again he
which he confessed in France
and yet again in
in the Roman
confessed it judicially
Inquisition,
Protestant

the Toledo
1

only in

tribunal and

Ed. BShmerand

was

A. Morel Fatio

Schafer, II, 40.

2

the

Schafer,I, 212-27.

reconciled.

Then, in 1622, he

was

(Journaldes Savants,Juillet" Sept.1902).

"

CHAP.

FOREIGNERS

Ill]
in itself a

was

could
was

heresy,and other doctrines which no calificador

as the rankest Lutheranism,but Berrocosa
help qualifying
not relaxed,although he found
associates to copy
these

heretical documents

and circulate them.

ended, in
from
in

457

which, in

1767, he

1768, he

January, 1770, he

tribunal.

he

Here

was

he

to be

was

his ten

finement
years'con-

secluded in
again strictly

cell,
eludingpursuituntil,

was

managed to escape,
recapturedand delivered

underwent

second

to the Toledo

in
trial,
resulting

for life in the convent

of confinement
where

When

of Sarria

tence
sen-

(Galicia),

kept incomunicado.1

illustrates why,

duringthe decadence of the Inquisition,

hear littleor nothingof Protestantism among
we
Spaniards,
of persecution
unabated.
Revolt against
was
althoughthe spirit
Ultramontanism
was
no
longerstyledLutheranism but Hegalism
This

or

case

With

Jansenism.

those whose

it took

dogma,
periodand

to

the

dissidence went

shape of

pline
beyond disci-

the fashionable

philosophy
Naturalism or Philosophism,
of the
became
Deism
or
stilldid its work
Atheism, as the case might be. The Inquisition
but the arena
had shifted.
with more
or less rigor,
While

been

littletendency to Protestantism

natives,since the inconsiderable outbreaks

among

furnished
for wealth

held

had

there

thus

in

an

ample fieldof labor.

rendered

which

contempt

the

Spain had

eigners
1558, for-

reputation
stranger;its people

it attractive to the

arts and

of

crafts in which

Frenchmen

and

Flemings and Italians were adepts,and its internal peace seemed

in the
industries were
to offer a refugeto those whose
precarious
incessant clash of arms
through which the old order of things
Consequentlyevery cityin Spain had a
gave way to the new.
intent on earninga livelihood
considerable populationof foreigners,
trials
Some
matters.
without much
thought of spiritual
about V1570,allude to French and Flemish
in the Toledo tribunal,
then under arrest iiiToledo,Barcelona,AlcaM, Salamanca,
printers
Valladolid and

Granada.2

-In

1600,

the

Viceroy of Valencia,estimated the number

at fourteen

or

fifteen thousand: and

added

Aragon.3 While Jte"nyof

Count

of

Benavente,

of Frenchmen
that there

were

there
vast

undoubtedly
theirfaith,the majority were
sedulously concealing
Calvinists,

numbers

in

1
2
5

these

were

orLibrary of Univ. of Halle,Yc, 20, T. XI.

Ibidem, T, III,
j
Janer, Condicion de los Moriseos,
p. 277,

MSS.

[BOOK

PROTESTANTISM

458
more
Catholics,

of

less

or

qualityto

but
sincere,

heresy as

with

heretics;
they had

the

Catholic

liable to

as

was

arrest

Zacharie,a dealer in rosaries and

tomed
accus-

such fanatical

apt to

Spaniardregardedas
and
objectsof suspicion,

thus

were
indispensable.All foreigners

not

the

which

observances

no

Spain,and they were

universal in

was

careless in the

be

They had been

Spanish standard.

suit the

to live in contact

horror of

their orthodoxywas

even

VIII

Calvinist.

the

as

images

Jacques
1637,

in Burgos, in

his adventures with the heretics in Prance

relating
who, in examininghis baggage,had said Let him take these wares
of his hearers
one
to Spain and bringus back good money," when
that the Most Christian king would let heretics
expressedsurprise
to defend them
This led Jacques patriotically
dwell in his land.
who lived righteously
accordingto
as good baptizedChristians,
to be

chanced

' '

He

their law.

did not go to
he

sacramental

they could be Christians when they

cussion,
and confess to priests,
when, in the heat of disasked how

was

mass

repliedthat

there

confession.

For this he

he
tribunal;
sequestrated.1
dolid

was

not

command
scriptural

was

denounced

arrested and tried and all his

was

therefore that the tribunals

of

to the Valla-

propertywas

kept busy with

these eases and that the records are full of them, especially
under
the crown
of Aragon, owing to the propinquityof south-western
In Saragossa
France, where Huguenotism was in the ascendant.
from 1546 to 1574,though amountthe relaxations for Lutheranism,
ing
It is no

to

wonder

only

active.

In

seven,

were

of

auto

an

all of Frenchmen.2

Piedmontese
were

Italiansand two Catalans,

of whom
were

whom

From

and

three

Barcelona

was

more

May 16, 1561 .there appeared for Luther-

anism, eleven Frenchmen, one

In that of July 11,1563, there
in person

were

and

one

Maltose.

thirty-four
Frenchmen, two
relaxed
were
eightFrenchmen

in

effigy.In that of March 5, 1564, there

twenty-eight
Frenchmen, two1 Catalans and one Swiss,of
relaxed in person and two in effigy.8
were
eightFrenchmen
report by Dr. Zurita of his visitation in the

1564, we

obtain

summer

of

glimpseof how these autos were fed. At Pcrpignan,for Lutheranism,five persons were arrested with sequestration,
of whom
and
four,
possiblyall five,were French. At
Castellon de Ampurias, Maestre Macian, a Frenchman, was
sent
1
2
3

Archive
Libro

de

Verde

Simancas, Inq.,Leg. 552; fol. 22.

de Aragon

Schafer,II, 2.

(Revista de Espafia,
CVI, 570-83).

CHAP.

Ill]

FOREIGNERS

to Barcelona

for trial. Jean

and
escapedarrest by flight,

rach, a Frenchman

de

459

Adin;

the arrest

of Flasa.1

Frenchman

ordered

was

Aldas,

of Pere

"When, simultaneouslywith

ambassador

the

of

Bay-

this,

of the
Saint-Sulpice
complained
who were
crueltyexercised on his fellow-countrymen,
peaceably
their
without creating
plying
industries,
scandal,the king coolly
to

Philip II

repliedthat the Inquisitionacted without regard to persons, but

nevertheless he would speak with the inquisitor-general.2
The complaintof crueltywas
justified.In the rebuke which
the Suprema administered
to the tribunal of Barcelona,
in 1568,
the

as

result of de Soto Salazar's

allusion is made
to
visitation,
named
Antoine Aymeric,arrested

1565, of a Frenchman
without evidence;his first audience was
held at his own
February 23d, the second on July 27th,when, without
case, in

he

tortured

was

In another

and

of

sentenced

to reconciliation and

request

ado,

more

confiscation.

tured
Frenchman, Armand
Jacobat,he was torwithout confession,
but subsequently
admitted some
eran
Luthand desired to be converted,in spite
errors, begged for mercy

of which

case

he

relaxed and

was

the tribunal to be

burnt,for which

gravelyin

fault.3 What

the

became

Suprema held
of those

not

report of December, 1566, to Charles IX, by

men,
M. de Fourquevaux, that seventy poor Frenchhis ambassador
prisonersof the Barcelona tribunal,had been condemned
in November, to Don Alvar
and had been delivered,
to the galleys
In
Cddiz.
had taken the fleet to winter near
de Bazan, who
of
February, 1567, he writes that, on complaintto the Duke
all
Alva, the latter had assured him on his honor that they were
burnt is

seen

in

dogmatizingHuguenots; that
Protestantism if they had
This

was

as

mendacious

which
galley-slaves,

the seizure

recommended

not said
as

were

Frenchmen

the

were

done

or

never

arrested for

somethingscandalous.

repeated promisesto release the

always evaded until Fourquevaux

at Narbonne, of Andrea
as
a hostage,
on December
last,

20th,
he reportedthe sendingof royalletters to Doria to release them,
whether the order was obeyed. Again,
but itis fairly
questionable
there was
made by Charles IX to Philip,
one
in a listof complaints
Doria,the naval commander-in-chief

concerningfive

1
2
3

of his

At

subjectsarrested

in Havana

and

sent to

Simancas,Inq.,Visitas de Barcelona,Leg, 15, fol. 9.

Gachard, Don Carlos et PhilippeII, I, 107.
Archive
de Simancas, Inq., Visitas de Barcelona, Leg. 15, fol. 20.
Archive

de

[Boon

PROTESTANTISM

460

he

Philiprepliedthat

to which
Seville for trial,

not

was

VIII

tomed
accus-

but nevertheless
affairs,
he would have the inquisitor-general
requestedto order
with all speed.1
the tribunal to despatchthese cases
A more
pleasinginternational episodeis connected with the
by the
of Robert Fitzwilliam,
an
Englishman, condemned
case
Seville tribunal to ten years of galleysand perpetualprison.
did not

and

desire to interfere in such

board, February 25, 1578 and, in November

1582, his wife Ellen presentedherself in the court of Madrid, with

He

received

was

the

had

woman

poor

that
PhilipII,representing
and that the
beseeched her interposition,

Queen Elizabeth

letter from

on

would

liberation of the husband

to

be

she would

favor which

be

the granting
glad to reciprocate.Under any other jurisdiction,
of such a royalrequestwould have been a matter of course, but
The existing
the assent of the Holy Office had to be secured.

fail to inform

papers

strong impressioneven

and he

by

the

The

was

tribunal,
leadingto
Val

respectand admiration,2
when, in 1572, the Barcelona

the process
commissioner
into French

seized and held

d'Andorra

as
an

on
territory

hostagefor

duty,

some

Frenchman

arrested

exchange of prisoners.3

furnished

for
questions,

the Barcelona

while Jeanne

as Queen
d'Albret,

fief. In 1572,she

spondence
corre-

of

in terms

was

summary

tribunal sent

favorable

was

whose
officials,

the hardened

on

alludes to her
More

it

doubted, for the devotion of the faithfulwife made

be

scarce

can

but that
result,

of the

us

another

source

tribunal claimed
of

of international

over
jurisdiction

Navarre,held that it was

it,
her

French

veguer there to administer justice,

commenced
to gatherinformation about
whereupon the inquisitors

him, as
to

arrest

put a

presumableHuguenot, and
him

if sufficient evidence

the
could

Suprema ordered them

be found, but, as the

to prove dangerous,
it need not be made unless
attempt was likely
the viceroy would
furnish a sufficient guard, which apparently

he declined to do.4
All

thus were
and
foreigners
objectsof suspicion,
of the Inquisition
stretched to the utmost
was
their infecting
the faithful. In 1572,the Suprema
1

Dep"chesde

M. de

Archive

to

tion
jurisdicprevent

ordered

the

Fourquevaux,1,154,163,179,197,216, 218,224,234,252,

291, 299, 310 (Paris,1896).

3

the

de Simancas, Inq.,Leg. 1157,fol.38.

Ibidem, Lib. 82, fol. 69.
Ibidem, fol.71.

CHAP.

DIMINISHING

Ill]

NUMBERS

461

tribunals of

men
Aragon,Catalonia and Valencia to see that no Frenchwere
employed as teachers of readingand writinganywhere
within their districts,
experience
having shown the dangersthence
arising.1Intercourse with foreigners
was
dangerous and was
discouraged. In 1568, Inquisitor
Moral, in reportinga visit to
San Sebastian,
expressed a desire to punish those who received
and -entertained and had particular
and dealingswith
friendship
French
and Englishstrangers,sometimes
mation
even
givingthem inforenablingthem to escape arrest,on all of which the Suprema
commented
these as grave cases, which should
by characterizing
have been sent to Logrono for trial.2 The Spaniard, too, who
abroad was
went
and was
held to strict
an
object of suspicion,
for his acts duringabsence.
In the Barcelona
accountability
auto
of June

while

in

21, 1627, there appeared

France, had

flesh

listened to

Friday,for

which

merchant

Huguenot
he

of Manresa

who,

preachingand

had

penanced in a thousand
ducats and was
recluded in a convent for three years.3
That, under these influences,
coupledwith the growing poverty
eaten

on

was

of

Spain and the curse of its debased currency, the number

diminished
resident foreigners
greatlyafter the opening of
seventeenth
cases

century,may

of Protestantism

be assumed

in the records.

from
Those

the reduction
of

Toledo,from

of
the

in the
1575

of which the last one occurred

1610,show a total of forty-seven,
in 1601, while those from 1648 to 1794 contain only eleven.4 In
1622 and
the reportsof twenty-nineyears, between
Valladolid,
1662, show only eighteen cases.5 In the Madrid tribunal,from
of a " Huguenot."6 In
1703 to 1751, there is only a singlecase
1721
autos celebrated by all the tribunals between
the sixty-four
1705
and 1727, there are only three cases.7 In Valencia,between
Calvinist who
but a singlecase
a
and 1726,there was
neously
spontato

"

denounced
these

they
statistics,

de Simancas,

himself.8 Scatteringand
suffice to indicate how

imperfectas are
rapidlythe number

loc. cit.

Archive

Ibidem, Lib, 81, fol. 27.

XX, 20).
Parets,Sucesos de'Catalufia(Mem. hist, espanol,
Archive
I."
4
MSS. of Library of Univ. of Halle,Yc, 20, T.
Inq. de Toledo, Leg. 1.
5
de Simancas, Inq.,Leg. 552.
Archive
8

hist,national,

Lib. 876.

Ibidem.

Royal Library of Berlin,Qt. 9548.

hist, national,Inq. de Valencia, Leg. 3, n. 7, p. 476.
Archive

PROTESTANTISM

462

of

fell off,after
foreigndelinquents

[BOOK
the year

VIII

1600; and that this

enlightenmentand toleration
had
we
simply that the Inquisition
succeeded in its efforts to limit intercourse between Spain and
its neighbors,
and to isolate it from European civilization.

was

the result of progress

shall see hereafter. It was
not

presumably Catholic,
cised
exerwas
can
readilyconceive how much greatervigilance
towards those which had lapsedinto heresy. Commercial

If this
we

in

the

was

intercourse

case

with them

in

was

regardto

nations

unavoidable,but it

was

necessary

limits by deterrent lations.

to be restricted within the narrowest
evil,
reguFor awhile,indeed,the heretic trader took his life and
when

fortune in his hands

as

have

we

seen

in the

Spanishharbor,
good shipAngel Even

he ventured to make
case

of the

as
was
legitimate
prey of the Inquisition,
who
experiencedby seventeen Englishsailors of a fishing-boat,
were
capturedby a French vessel and were thrown on shore on
Fuerte Ventura,one of the Canaries.
They were tried and escaped
man,
burningby conversion,after which four of them, Richard NewStride managed
John Ware, and Edward
Edward Stephens,
As this showed
them to be impenitent,
to escape.
they were
and their effigies
were
prosecutedin absentia for relapse,
solemnly
of merchant
burnt in an auto of July 22, 1587.1 The number
furnished to the tribunal
in fact,
vessels touching
at the Canaries,
A record of prisoners
at one time the major portionof its work.
of 1593, shows
entered in its secret prison,during six months
thirteen belongingto the German
ship San Pedro, seventeen to
the Flemish ship La Rosa, and fifteen to the Flemish ship El
Leon Colorado,besides a dozen Englishsailors whose vessel is
These
not specified.
comprise all hands, officers and crews,
and passengers, and presumably,if the cargoes were
merchants
looted in the absence
not confiscated,
of
they were
effectually
their guardians.2That such was
the motive,rather than the protection
of Spain from the infection of heresy,is inferable from a
in 1574, condemning to reconsentence of the Granada tribunal,
ciliation
and life-long
Jean Moreno, a Frenchman,
galley-service
resident in Malaga, because he had warned
Protestant
some

castaways

were

the

sailors not to enter the

1
2
3

portof Almeria.3

Birch,Catalogue of MSS. of the Inq. of

Birch,op. tit.,
I, 225-30, 303.
Schafer,I, 112; II,45.

When
the

there

was

prospect

Canaries,
I, 308-26.

CHAP.

of

Ill]

FOREIGN

HERETICS

463

the
confiscation,
indeed,
a^fat

the
was

of
justice

the

case

to the

or

longdisputebetween

Inquisition
paid littlerespectto
partieswho might suffer. There

Rome

and

Madrid

over

two

cargoes

of

alum,which the papalcamera

was
sendingto England,when the
shipswere seized and the cargoes sequestratedby the tribunal of
the ground that the Englishcrews
Seville,
on
heretics.1
were
This barbarous policynecessarily
made itselffeltin the cost of
foreign
after the troubles in the Nethercommodities,especially
lands
had cut off or reduced that portionof the
carryingtrade.
Under this pressure, in 1597, an exceptionwas
made in favor of
the Hansa.
Instructions were
issued by the Suprema that,when
its shipsarrived with
to be

the

the
merchandise,

persons in them were

their religion,
that account
nor
on

about
interrogated

ships

not
were

cargoes to be

unless while
sequestrated
or confiscated,
offended against
the Catholic faith and, in such
to be seized;search,
case, only the property of delinquents
was
books was to be made, as was customary
however,for prohibited
with Catholic vessels.2 There was
also an approach to admitting
the Dutch, in a royal order of February 27, 1603, providingthat
Holland vessels and crews, bearingpassportsfrom the Archdukes
of the Netherlands,
to be allowed entrance to Spanishports,
were
and their persons and property were
to be secure, but this was
to the twelve months' notice
revoked, December 11,1604, subject
or

in port they had

providedin
A

the order.3

treatyof

with England,coveringthis matter,was

peace

fied
rati-

by James I,August ff 1604 and by PhilipIII,June 16,1605.

in November, 1604, an Englishship,with
During this interval,
,

of

crew

Messina

twenty

and

then

coming for

men,

at Palermo.

load of corn, touched

In the latter

port it was

visited

when
the men
admitted
by the officialsof the Inquisition,
they were Protestants and wished to live in that faith. They

all arrested and

at

that
were

the

the Duke
of Feria.
He
viceroy,
to write a private
letterin which he declared
save
was
powerless
that the arrest was
a disservice to the king and tended
to destroy
the treaty agreed upon, wherefore the Inquisition
ought to dis1

I, 353, 377 (Madrid, 1896).

Diplomaciapontificia,
Tolfa,nearCivitaVecchia,were the source of considerable

Hinojosa,Despachosde

The

alum

revenue
2

appealedto

mines, of

to the

Archive

Holy

la

See.

hist, nacional, Inq. de Valencia, Cartas

del

Consejo,Leg. 5,

fol. 104.
3

Goleccion de Tratados

de

Paz; Phelipe III, P. I, pp. 161-2, 298.

n,

2,

CHAP.

Ill]

FOREIGN

HERETICS

465

ArchbishopRibera,in 1608, varied his efforts for Morisco expulsion

with an earnest appealto the king,expressing
the grief
which
he

had

ceased

never

to feel since he

heard

of the

the offence givento

England,fearing,
as he did,
bringmany evils on Spain. His afflictionhad
of the

peace

with

which would

God

increased

in view

committed

by the English in Valencia,livingpublicly

in their religion
and causinggreatscandal and evil example
excesses

to the faithful

proved that
This memorial

and, at

much

with

peace

lengthand

infidels

was

with

he
instances,

many

forbidden by Holy

Writ.

duly considered in the Council of State,when

the Comendador
Mayor of Leon reportedthat the king had ordered
the inquisitor-general
to be notified,
so that he might instruct the
tribunals to exercise great vigilance
and to punish all who gave
was

occasion for scandal.1

When, in 1609, the twelve years7truce was concluded with the

United Provinces,
the Dutch
naturallyclaimed the same
leges
priviin Article 7 of the
the English,
embodied
and these were
as
did not submit quietlyto this restriction
treaty.2The Inquisition
its powers and, in 1612, it issued a carta acordada,repeatedin
on
that these privileges
applied only to transient
1616, asserting
resident and kept houses were
strangers,and that those who were
subjectto the tribunals in all matters of faith like any Spanish
old regulationof 1581,
an
subjects;it invoked, moreover,
watch to be kept on them, so that what they did
orderingspecial
in privateas well as in publicmight be known, full reports being
sent to the

1581

Whether

another

instruction of

seaportsto keep inns or lodging

from
trouble arose
these arbitrarycon-

in
foreigners
forbidding

houses.3

it revived

In 1620

Suprema.
any

the

Boronat, II, 120-22.

with

save
heretics,
by special
for the purpose of converting them.
When, in 1604,the Constable
licence,even
about to depart for England as ambassador, and he consulted the
of Castile was
to enable him to
Holy See, he was told that he did not requirea dispensation
as to communicating with
with them, but no concessions could be made
converse

them

prohibitedconversation
Inquisition

Roman

The

in
as

baptisms and marriages.

to his conduct

little intercourse

with

towards
him

as

In 1617

the nuncio

Ill

tions
instruc-

English ambassador, and was told to hold as

Decret. Sac. Cong. Sti Officii,
pp. 156,
possible."
di Stato in Roma, Fondo
Camerale, Congr. del S.

198-99.
VOL.

asked

the

(Bibl.del R. Archivio
Officio,Vol. 3).
2
de Paz, uU sup., p. 465.
Tratados
3
II, 1064." MSS. of Royal
Birch,op. ctt.,

227, 231

at Madrid

30

Libraryof Copenhagen,21Sb, pp.

[BOOK

PROTESTANTISM

466

VIII

structions of international compacts does not appear, but at least

heretics
of foreign
they manifested a desire to render the position
as

possible.
expired,in 1621, of

and uncomfortable
precarious
the truce

When

in

came

to enable

and, when

war

king that

PhilipIII

course

the

with

land
Eng-

the

office

Inquisitor-genera
had been necessary
papalpermission

heretical infection.

from

informed the

Pacheco

withdrawn

were

eagerlyassumed
1624, the Inquisition

purifyingSpain

of

Holland

with

Dutch

of the
privileges

as

to enter into the

treaty of 1605; now

that

of the papalpermission
the peace had been broken and the causes
obligedin conscience
had ceased,he was, as inquisitor-general,
to obviate the evils of Catholic intercourse with such pertinacious

ting
Englishand Scotch,by not permitthem to remain in his Majesty'sdominions, for otherwise
in his duty to the king and to his office. He
he would be lacking
that all Englishmen
had therefore ordered an edict to be published
should leave the
not Catholics,
and Scotchmen, who were
and

heretics
pernicious

king'sdominions
that date
a

they would

that he had

the

days, notifyingthem that after

be punishedby the Holy Office. As it was

within twenty

weightymatter, of

added

as

which

not wished

the

Pacheco
notified,
it without informinghim

king should

to execute

be

be assumed
and he could issue such orders as he saw fit.1 It may
that Philipdid not approve of this insolent invasion of the royal

1626, that he issued

proclamation
forbiddingall commercial intercourse with England and
vention
orderingthe confiscationof all Englishgoodsimportedin contrafollowed by a
of its commands, when the Inquisition
in the
the prosecution,
carta acordada of May 29th,prescribing
the
regularway, of all Englishheretics who had sinned against
power, for it

not tillApril22,

was

faith.2

in 1630,article19 of the treatyrevived

restored,
and Philip,
as before,
promisedto providethat
Englishsubjectsshould not be molested so longas they caused no
As before,
the Suprema followed this,
January 28,1631,
scandal3
with detailed instructions that those who kept house should be
lance.4
surveilto special
and be subjected
treated as Spanish subjects
distinctionbetween transient and resi*
This unjustifiable
When

peace was
the article of 1604

ArcMvo

See Appendix.
de Simaneas,Inq.,Lib. 19, fol. 239.
Elkan
N.
of
Adler Esq." Birch,op. ctt.,
II, 1009,
"

MSS.

Tratados

MSS.

de

Paz, PhelipeIV,

of Elkin N. Adler

Esq,

P.

II,p.

226,

CHAP.

Ill]

FOREIGN

HERETICS

467

foreigners
for molestation and blackmail.
gave ample opportunity
It was
construed as applyingthe Index of prohibited
books
to residents for,in 1645, we
find the Canary tribunal orderingits
commissioner
at Orotava to search the houses of the Englishmerchants
and report whether they found any forbidden books or
books that had not passedthe censure.
The duty was
performed
and lists were
not
of
books
but
of pictures
forwarded,
and
only
printsand, as nothingobjectionable
was
reported,we may not
uncharitablysurmise that the commissioner's labor was not unprofitable.
As the rule had no legalbasis,it probably called
forth protestsfor,in 1652, the Suprema submitted the question
of its legality
to a number
of calificadores,
who
unanimously
it
not in accordance
with the treaties,
when prewas
agreed that
sumably
it was
withdrawn.2
The espionage
to which
foreign
i
n
is
merchants
Pedro
de
Villawere
exposed portrayed, 1648,by
real,commissioner at Bilbao,who reportsthat there were sixteen
houses in which the Englishand Dutch traders were
lodged:he
confident that nothingheretical could escape his knowledge,
was
faithful spiesand very zealous
for the keepers of the houses were
dent

in matters

of

religion.3

Denmark, in 1641,placedthe Danes

the same
on
footingas the Englishand, in the treatyof Munster,
terms, while a
January 30, 1648, the Dutch obtained the same
A

treatyof

commerce

with

specialarticle placedthe

Hanse

towns

on

the

same

footingas

Holland.4

Meanwhile, in 1645, the Englishmerchants in Andalusia,by

had secured
hundred ducats in silver,
a
payment of twenty-five
of which indicates how grudgone
certain commercial privileges,
ingly
A
heretic
had been interpreted. foreign
their treatyrights

Birch, 07?. c", II, 563-66.

N. Adler Esq.
of Elkan
3
Archive
de Simancas, Inq.,Leg. 1526, fol. 7.
* Tratados
de Paz, PhelipeIV, P. IV, p. 538; P. V, pp. 18, 322, 323, 324.
In 1646, a Dutch vessel,
putting in to Majorca,was seized by the inquisitor,
who imprisonedthe captainand crew, but the royal officialstook possessionof
leadingto an angry contest that
protests,
the propertyin spiteof inquisitorial
lasted for years, the inquisitorrefusing to obey repeatedroyal orders to remove
to do so, March
until commanded
which he had lavished,
the excommunications
obtained
of the spoils
18, 1649, by the Suprema. Finally,all that the tribunal
Archive
hundred ducats to defray the maintenance of the prisoners."
two
was
1
2

MSS.

4e gimancas, Inq.,Lib. 38,fol.26,71.

PROTESTANTISM

468

appearingin court,either
he

his oath
Catholic;if he repliedin the negative,

was

This

received.

the

and

treatiesthis

was
privilege

March

19th

9th.

By

to Holland

extended

and

confirmed by the treaty of Utrecht

towns, and it was

the Eanse

the courts

to make
difficult

royal order,issued
26th and again November

repeatedJune

the Munster

it was

the

accept the innovation,and

to be

not

was

distinctionwas
gated,
abrohumiliatingand injurious
Englishman'soath was declared to be legaland

but
binding,like the Spaniard's,

had

asked whether

party or witness,was

as

VIII

[BOOK

in 1713.1
We

have

seen

itwas
difficult

how

to make

Inquisition
respect
gations.
regardinternational oblithe

likelyto
Excuses could readilybe found to bring the hated
and, in the chronic penury
heretic under its jurisdiction

municipallaw, and

the

it

not

was

of rich confiscations
was
time, the opportunity

eign
for-

of

likelyto
Englishmen

not

sightof. In 1621 we hear of a number of

of property,
and
arrested in Malaga,with sequestration

be lost

the

same

chance
to have
we
case
occurred in SeviUe,in 1622.2 Of one
details" that of George Penn, brother of Admiral" then Captain"

Penn, the Founder

Penn, and uncle of William

He

in

was

married

no

sense

bigotedProtestant,or

Catholic wife in Flanders.

He

of

Pennsylvania.

he would
took

have

scarce

her to

Seville,

business until 1643, when he was

a prosperous
is manifestly
arrested. His account of his sufferings
exaggerated
he conducted

where

though we

may

believe him

until he confessed all that

he says that he was

tortured
requiredof him" that he was a

was

Catholic in Antwerp, intending

to take
her to Englandand perverther and their children from the faith.
heretic who

He

had married

when

requiredto abjurein

was

Spain within
and he says

was

three

and

publicautp

months, while his wife

married to

amounted, accordingto
own

and

ordered to leave

was

taken

from

him

Spaniard. The propertyconfiscated

disinterestedappraisers,
to -"6000 of his
a

"6000 belongingto

other

parties.On

his return

to

England, beggaredand broken in health,he sought to obtain

redress,and, about 1664,Charles II appointedhim envoy to Spain,
to enable him to urge his claims to advantage,but beingthen 63
to go.
During the negotiations
years old he did not venture
at
1

Tratados

M6moires
2

MSS.

Paz, Phelipe IV, P. IV, pp. 548, 561, 575." De

pour servir,VIII, 461 (La Haye, 1730).
de

of Elkan

N. Adler Esq.

Lamberty,

CHAP

III]

FOREIGN

HERETICS

469

Utrecht,William Penn endeavored

to obtain consideration of
this case, but apparentlywithout success.1
The
of the Inquisition
superb imperturbability
national
to interas
is evinced in a case occurringsoon
obligations
after the
of
Munster.
Paul Jerome
treaty
Estagema, a citizen of Hoorn,
arrested

was

at

Alicante and

tried by the Valencia

tribunal.

Influential

and the Dutch

people in Holland urged his release,
ambassador,Anthony Brun, made forcible representations
to the
who
king,
wrote, September 15, 1651, to the Suprema, urging a

prompt decision of the

case

and

out that,under
pointing

the

treaty,

Estagema, as a citizen of the United Provinces,was not subject

to the Inquisition.
The royal request was
treated with absolute
Ambassador
Brun kept urgingthe matter and, on
indifference;
December
16th, Philiprepeated his application
to the Suprema,
and asserted the necessity
of satisfying
the Hollanders.
Then
the Suprema condescended
the royal letters to the
to forward
it to despatchthe case without delay,which could
tribunal,
telling
readilybe done as the trial had been finished on September 7th,
and ordering
itto reportthe sentence when pronounced.2
At this period,political
rendered both France and
exigencies
denas,
Spain desirous of an alliance-with England. Don Alonso de Cara treaty
the.Spanish ambassador, endeavored to negotiate
with Cromwell in 1653 and againin 1655,but the Protector insisted
toleration. In the draft of the projected
on
treaty,Articles
larger
but added
22 and 35 not only repeatedthe previousprovisions
that Englishmen conductingbusiness in Spain should be permitted,
in their houses and ships,
to performdivine service in their
own

and

manner,

they should

to

use

books, and that

their propertybe sequestrated.

their Bibles and

not be arrested for

so

doingor

other

he sent these
submitted to Philip,
the treaty was
that he was
alterably
unarticlesto the Suprema for its advice,
protesting
the last drop
resolved to risk all his dominions and spill
When

blood, rather than to yieldanythingthat would be to the

in the least degreethe purityof
disservice of God, or prejudice
of his

religion.In response to this the Suprema declared that the royal

bronze; it easily
proved
words oughtto be recorded in imperishable
had no right
and municipallaw,a sovereign
that by divine,canon
1

Howard

M. Jenkins,The

Family

of William

Penn,

pp. 10-13

(Philadelphia

1899).
2

Archive

hist, nacional,Inq. de Valencia,Leg, 9, n, 3, fol. 413, 414.

PROTESTANTISM

470

[BOOK

VIII

in
it quotedGregory XV
as
ordering,
permitsuch toleration;
to expelall heretics from
1622, all rulers,under heavy penalties,

to

'dominions,
and it pointedout

their

who

servants

would

be

lic
that hereticsemployed Catho-

cognizantof
excommunication if they did not

and
corrupted,

that all

heresy incurred mortal sin and

to the treaties
as applicable
it. These arguments were
denounce
of 1605 1630, and 1648 as to the proposedone, but theysufficed;
turned to France.1
and Cromwell
rejected,
when
satisfaction,
Admiral Penn felta special
personal
it

Doubtless

was

by wrestingJamaica from Spainin

his brother
A

and

he

avenged

1655.

the wandering Charles II

secret treaty, in 1656, between
science
Philip,pledgedthe former to bring about freedom of consilent about toleration in
discreetly
the Restoration,in 1660, peace ensued and the

England,but

in

With

Spain.

treaty of 1630

was

was

revived.

In 1663, when

Englandagain put forward

the

treatywas

new

cussed,
dis-

of Cromwell,
stipulations

Philipagain consulted the Suprema with

On Philip's
death,in 1665,the treatyof December

and

the

same

result.

17th continued

of 1630 and extended to allEnglishmen the

provisions
Then, in 1667,
grantey,in 1645, to those of Andalusia.
privileges

in force the

the treaty of Mad

defined

clearlythat the pretext of

conscience should not be used to inflictinjuryon Englishmenor
raise any disputeso longas no manifest publicscandal was caused
23d

offence committed.

nor

more

In this

shape the relations between

kingdoms continued; the treatyof Utrecht

1763 and

1783

merely confirmed

in 1713

and

those

the
of

that of 1667.2

With France, of course, relations were wholly different. When

tolerated at home, he could expect
the Huguenot was
grudgingly
1

Archive

Elkan

de

Simancas, Inq., Lib. 43, fol. 201; Lib. 25, fol. 121." MSS.

of

Esq."Solery Guardiola,Apuntes de Historia polftica

y de los
Tratados
de Paz, pp. 163-4 (Madrid,1895).
It is only fair to Spain to state that it was more
liberal than Rome.
The decrees
of the Congregation of the Inquisition
are
numerous
insistingthat no heretic
should be allowed in any Italian city,whether for trade or for residence,but
N. Adler

Italian commercial
decrees in
even

some

to some

instinct

was

too

strong

to

permitthe

enforcement

"

Congr.Sti Officii,
del R. Archivio
pp. 6-8, 225 sqq, 233-4 (Bibl.
Fondo Camerale,Congr. del S. Officio,
Vol. 3).
2

pp.
the

Tratados

of these

of the states,notablyVenice,and special

were
granted
privileges
of the papal sea-ports,
Civita Vecchia and Ancona.
Deer. Sac.
as
di Stato in Roma,

FelipeIV, P. VI, p. 274; P. VII, p. 413; Carlos II, P. I,

13, 16, 162, ISO." De Lamberty, M"noires,VIII, 381. "Collection of all
Treaties of Great Britain,III,180, 377 (London, 1785).
de Paz,

CHAP.

FOREIGN

Ill]

for
protection

HERETICS

471

his

abroad, especially
religion
when, as in Spain,
he could reside only by pretendingCatholicism.
The peace of
the Pyrenees,November
7, 1659, merely provides,in article 5,
that the vassals of each power
shall have free ingress,
residence
and egress in the territories of the other,observingthe laws and
of the country.1 This did not, however,precludereclacustoms
mation
in cases of special
as when, in 1672,the French
malfeasance,
ambassador
Villars complained of an outrage in Majorca. A
French
ship,arrivingthere from Barbary,September 6th, with
to have as a passenger a Huguenot of
a cargo of wheat, chanced
M. de la Fent, governor
of the Bastion de France, with
position,
of money.
On learning
the inquisitor
a largesum
this,
arranged
to seize him and embargo his property; he assembled
force
and
a
armed
two vessels with which to take possession
of the French
ship,and he would have done so had not M. de la Fent prevailed
no

upon

the master

sail. The

to make

queen-regentforwarded

this

to the

but it was not until

Suprema, October 28th,for explanation,
19th that it replied,
November
merely sayingthat the inquisitor
of Majorca had reported,on
September 21st,the arrival of a
heretic and that,on October 3d, it had ordered him to take such
action as comported with the service of the queen, the public
of the French
peace, and the consideration due to the subjects
king,who were to be treated like the Englishand the Dutch.2
the Suprema made
the best excuse
As the attempt had failed,
for the French heretic
it could,but with manifest equivocation,
fested,
manihad not such treatyprotection
as the English. This was
after the revocation

of the Edict of

Nantes, in 1685, when

Huguenots might have settled in

thought that fugitive
Spain. In 1687, the papal nuncio and the French ambassador

it

was

called the attention of the

that the

Holy

Carlos II seconded

February

to the matter, suginquisitor-general

gesting

permit their
and issued
representations,

Office should

their

not

residence.
a

c6dula,

all necessary
ance
assistsent this to the tribunals

28th, orderinghis officialsto lend

Inquisition.The Suprema
and followed it,June 14th, with detailed instructions,
ordering
to be conducted
through the parishpriests
perquisition
a general
to collect the results,
throughout Spain. Each tribunal was
the vote to the Suprema.
and vote, reporting
them
investigate
to the

1
2

Tratados
Archive

de

Paz, FelipeIV, P. VII, p. 122.

Inq.,Lib. 25, fol. 238.

de Simaneas,

CHAP.

Ill]

FOREIGN

HERETICS

473

all tribunals,
the Inquisition,
from molesting
prohibiting
including
Frenchmen
of religion,
but those
on
account
to be
only were

recognizedas Frenchmen
broke

war

ordered

with

out

who

England, a

tricolor cockade.

the

wore

further advance

When

made; Carlos

was

his

abroad
to assure
all foreignpowers
representatives
that in Spain strangersenjoyed full liberty
of conscience,
and in
August, 1797, he forbade the Inquisitionto trouble foreigners
about their faith.1 We may
be permitted,
however, to doubt the
o
f
in
this.
the
same
sincerity
When,
year, the attention of the
Valencia
Johann
to the

tribunal

Foch,

drawn

was

to

called himself

who

German

a
a

the

Bernarda

once

held the licence authorizing

Catholic.

suspended it because

but

case

named

Protestant,it applied at

to know
whether he
captain-general
his residence in Spain,not being a

with

merchant

of his

It

proceeded
marriage with

Maria

of Santo Tomas.2
a parishioner
Pellicer,
This
whether
liberality,
genuine or not, was
only a passing
A
document
of
1801
that
shows
the
decree of 1791
episode.
stillin force,and that the
it into effect. It is a series of

Inquisitionwas relied upon to carry

questionsaddressed by the Suprema
with the answers
from Valencia,and explains
the tribunals,

was

to

itself.
Q. Whether, prior to the royal order of 1791, foreignersnot Catholics
to reside,in the cases
not
provided by the treaties and, if they were

allowed

what
A.

In

tribunal

measures

were

of their not

case

taken

it made

of them,
true, it notified them

to be

the
to

mitted,
per-

they professedCalvinism?

having the benefit of those

knowledge

had

ascertainingit

ascertain whether

to

were

treaties,as

soon

as

requisite investigation and,

quit the kingdom,

if

they

had

the
on

not

specialpermission from the king.

Catholic and it was
led to the belief that a stranger was
Q. If investigation
that
he
did
that
he
but
not
found
was
not,
speak illof our religion,
or
subsequently
he condemned?
scandal, or insult sacred objects,to what punishment was
cause
of this kind has occurred
former ones, it is
recent
A. No
case
but, from some
consulted.
that the Suprema was
deduced
in Spain,in virtue of the royal
established themselves
those who
Q. Have
it prescribes?
formalities
which
the
with
order of 1791, complied
A.

As

Moneda,

has been

no

advice

nor

by the Intendente
established

tribunal has

not

and, in that

to

of the

this tribunal

kingdom,

by the Junta

it is inferred that

del Comereio
no

non-Catholic

themselves,or else that the prescriptionto advise the

obeyed.
marriage with Catholics
they (non-Catholicforeigners)contract
is the religionof the children?
case, what

artists have

Q. Whether

sent

been

depuis l'anne*e 1770, III, 350, 357.

nacional,Inq. de Valencia, Legajos 100, 387.

de Verifier les Dates

Art

Archive

hist,

VIII

[BOOK

PROTESTANTISM

474

of
that of Juan Foch, a German
marriage is known
Maria Pellicer
with Bernarda
Lindau, who called himself a travellingmerchant,
of Castile
Council
the
passed by
in virtue of a papalbrief,
of this city. This was
that he should allow his wife to remain
and with the royalexequatur, providing
A.

to

But

one

persuadehim
and

of Los

to

without

Santos

"

his children to be

Catholic and

church

of such

case

conversion.
banns

other

or

that

same

married

publicceremonies.

they live,that they cause

Juanes, where

the obligationsand

in the

brought up
They were

and
faith,

she

promising

outside
privately,
learn from

We
no

of the

the Vicar

scandal,comply

with

boy has been baptized.

lished
non-Catholic strangershave estabQ. Since the royalorder,about how many
and their nation or sect?
of the principal
ones
themselves,naming some
the
requiredto be kept
registers
onlyby examining
A. This could be answered
and royaljusticias.This tribunal can only have notice
by the captain-general
Foch.
by denunciations,which has occurred only with
have been held with strangerssince 1759 when
autillos publicos
Q. How many
State the name,
country, religionand principal
Carlos III ascended the throne?
offences.
A.

Since

there has been

1759

no

for strangers.1
autillo ptiblico

only as showing the continued

how thoroughly
but as indicating
to foreignheretics,
as
vigilance
successful had been the policyof exclusion. The districtof the
tribunal embraced a long stretch of sea-coast,includingsuch
commercial citiesas Valencia and Alicante,
yet the non-Catholic
This document

has interest not

strangerwas

stillalmost

of 1785

made.

were

was

unknown,

Spain was

as

land to be shunned
and
Inquisition,

liableto be dealt with by the

its isolation. For those who

than its avowaL
worse
was

he had been when

ventured
David

domiciled in Bilbao,succeeded

the

by all who
it was

it,concealment

Bonoran, a
in passing
as

of

French
a

report
left to

heresy
tant,
Protes-

good Catholic.

Becoming converted,he appliedto the tribunal of Logrono to

in the Church,when, in
abjure his errors and be incorporated
for havingfeigned
Catholicism.2
1791,he was promptlyprosecuted
This

sensitiveness

vigorousto the
the
respecting

last.

survived

the

Peninsular

War

and

was

In 1816 there is considerable correspondence

Rufino

Acha, settled in Bilbao as

a
merchant, who had married in England a Protestant named
de Ancell
From
Juana
Dona
this
presumably Jane HanselL
it appears that,after a discussion lasting
nearlya year, she was
Spain or of conversion and that
given the alternative of leaving
she acceptedthe latter.3
wife of Don

de

"

Archivo

Ibidem, Leg. 100.

Archivo
de Simancas, Inq.,Lib. 559.

hist,

national,Inq. de Valencia,
Leg. 4, n. 3, fol. 243.

CHAP.

Ill]

HERETIC

TEOOPS

475

This

dread of heretics is vividlyreflected in one

of
persistent
the last acts of the Suprema priorto its suppression.In 1819
it issued an elaborate series of instructions for the guidance of
commissioners

at the

of all shipson
to

the

prevent

considered

nation
sea-portsin the msitas de navios,or exami-

their arrival.

introduction

but
hereafter,

of

This

intended
principally
prohibitedbooks, which will be
was

the sections devoted

to heretics show

that

the

regulations
adopted at the treatyof 1605 were stillin force.
Foreign heretics were not to be prosecuted for acts committed
abroad but,for anythingdone in Spain and causingscandal,they
to be arrested and transmitted

to the tribunal for trial.

They
not to be compelledto enter churches but,if they did so, they
were
to pay due respect to the Sacrament and, on meeting it in
were
the street,
themselves out of the way.
they were to kneel or remove
were

Strangerswere

forbidden

ment
keep publichouses for the entertainof Protestant shipmastersand sailors or travellers. The
commissioner
in ascertaining
and reporting
to be vigilant
to
was
the tribunal everythingthey said againstthe Catholic faith,
how
they behaved in publicand in privateand whether any scandal
the same
caused to the faithful.1 Spain was
been
was
as it had
two

to

centuries before.

of the
exception,however, to the prohibition
hated presence of heretics on Spanish soil. Constantlyrecurring
necessitated the employment of whatever
war
troops could be
condition.
It was
the German
of their spiritual
had, irrespective
sacked Rome
under Georg Fronsberg who
bands
of Lutherans
for Charles V in 1527.
Foreign mercenaries were
continually
in the sevenand they grew more
in Spanishservice,
teenth
indispensable
century with the decline both in populationand military
in 1640, rendered
ardor.
The revolts of Portugaland Catalonia,
and recruits from any source
were
welcome,
Spain the battle-field,
could
to
be
not
who of course
interference,
subjected inquisitorial
in
vain
The
matter what their faith.
Inquisition
pointedout
no
the dangers thence arising.In a consulta of November
13, 1647,
German
that four hundred
the Suprema related with grief
soldiers,

There

landed

was

at San

one

Sebastian,on their

their errors,
images.2 There was

way

to

Catalonia,were

heretic books
distributing
no
help for it and, after war
de Simancas,

Inq.,Leg.

Archive

Ibidem, Lib. 23, fol. 46.

1473.

inating
dissem-

and

outraging

had

ceased

on

PEQTESTANTISM

476

[Boon

VIII

the employment of foreign

regimentscontinued
Spanish territory,
In 1668, the Suprema arguing in
to excite its susceptibilities.
maintenance

of its

especially
necessary,

in view

consulta for the

they

were

bodies

of

of whom

soldiers,many

there
Still,

an

was

wolves

from

effort made
in

had
enlisting

when

There

in
heretics,
There
were

He

zealous for the salvation of souls.

Burke, chaplainof

for conversion.

kingdom

the

presence

of these

Francisco

was

battalion,
who^held

commissioner

of the

Tarragona

They

of these

One

chaplains

the

the firstSwiss

as

of
were

Inquisition.

to the Barcelona

six converts

of
forwardingthe abjurations
of St. Gall and givingthe names

ready

any

they furnished for missionary work.

faculty for this purpose

writes,
May 23, 1764 from

tic
bagne,adding that,if the herethat he was
Catholic,he should
a

when
frequent conversions, especially

Columbano

issued

in the

sworn

field which

the

were

VI

expulsionfrom

to

gauntlettwice before expulsion.2

for the
compensation,
was
some
slight

the

run

of such

Catholic in order to enlist and, in

years'labor

ten

that

Spanish organizations

sheep's clothing.Fernando

pretendedto be

pain of

presence
heretics.1

to preserve the

1765, Carlos III modified this

under

of the

on
31, 1756, imposing the death-penalty

decree,December
heretic who

were

urged
prerogatives,

in the Swiss

tribunal,

regiment

twenty-four others,who were

duly gatheredin when there

proved to be ten Calvinistsand fifteen Lutherans.3 The exclusive

position
of the Inquisition
over
jurisdiction
heresy rendered its interin this,for it alone could admit the heretic to
necessary
in the Church, it alone could judge of the degree of
incorporation
his

sin,determine whether he
through baptism,and whether

he

In

repentance.
himself and,

theory he

when

the seventeenth

assignedto

him

was

worthy

heretic

on

one

on

the other

of backsliding.4 Indeed
1

Archivo

Ibidem, Leg. 1465, fol. 81.

de Simancas

in
frequent,early^

of

regulartrial,
had

counsel

administered,
while,in the form of abjuration

the

of relapsein case
penalties
Suprema felt it necessary, April22,
to the

Inq., Lib. 25, fol. 98.

Archivo

hist, national, Inq. de Valencia, Leg. 31.

Archivo

de

of Am.

of admission

side and the convert

MSS.

of the Church

through
spontaneouslydenouncing

century, they took the form

pledged submission

he

was

these conversions became

the fiscal acted

in which

rightfully
a son

was

Simancas, Inq. de Toledo, Leg. 109, n. 8; Leg. 108, n. 11,fol. 2."

Philosophical
Society.

CHAP.

Ill]

1605, to

ADMISSION

the tribunalsthat

warn

and

their
confessing

CONVERTS

OF

errors

477

foreigners
coiningforward
not

were

to be

tarily
volun-

imprisonedbut

to be

ence
welcomed; their reconciliationwas to be in the audiand with spiritual
chamber,without sanbenito or confiscation,
then they were to confesstheir errors sacramentally
penances only;
and receive absolution for their sins.1 Heresy, even
congenital,
mortal
to
be
was
a
sin,
duly atoned for.
Subsequentlythe rigorof these formalities was
abandoned
and the process was facilitated,
althoughit was stillformidable.
Printed instructions for commissioners,
apparentlydrafted in the
into the life
eighteenthcentury,prescribe
a minute examination
and historyof the convert and his motives,so as to be satisfied
that his objectis really
salvation. All detailsas to his baptism
to be specially
are
inquiredinto,so as to be assured whether or
not he is really
baptized,and, if there is any doubt,proceedings

were

to be

are

suspendeduntil the

also made
utter

tribunal

specifyall the errors

of faith in which
profession

can

be consulted.

He

is

of his former

to

he

and to
religion,
promisesto reduce,as far

he can, all heretics to Catholicism and to denounce them to

the Inquisition.
He is also to be asked whether he knows of any
heretics save those permittedfor the sake of trade,and whether
as

any

the conditions of their residence.

transgressed
has ever
and whether
Catholicism,
professed

of the latterhave

Also, whether

he

he has been instructed in it sufficiently

to incur the
in which
its profession,
and

formallyreconciled

case

he is

requiredto

is absolved

from

of
obligation
abjure and to be

the excommunication

known
which he has incurred,while,if he has never
Catholicism,
If he is less than 25 years of age, a
he is absolved ad cautelam.

who is to be
formalities,
proceedings. There is suggestive-

curador is to be appointed,with all the

presentand
ness

to consent

to allthe

in the contrast of this cautious detailwith the multitudinous

by
sprinkling

which

and

Jews

Moors

were

in
incorporated

the

Church.

Among

converts

the most

Joh, Heinrich Horstmann

who

"

curious

case

with many

himself duringa
supported

in the records is that of

aliases of

longlifeby

Borgenstreich,
tradingon the rivalry
"

between Protestantism and Catholicism. Born about 1663,he was

educated as a Catholic by the Jesuits of Prague. When about

ArcMvo

hist.

nacionaJ,Inq. de Valencia,Leg. 299, fol.

80.

[BOOK

PROTESTANTISM

478

VIII

at Dresden, studied at Wittenberg,

25, he changed his religion
table
charion
and for many
years wandered throughGermany, living

givento him as a convert. He even went to

of Canterburyand York assisted
England,where the Archbishops
he supported
him. Then,in the Protestant cantons of Switzerland,
contributions

himself
ones

as

and in the Catholic

Catholic ready for conversion,
Lutheran seekingsalvation in the Church.
Finally

as
a

in the latter capacityhe hit upon the lucrative device of saying

in the Lutheran
fashion of one person
that he had been baptized
the
administering

material and

another

the form;

theologians

and that
this invalid,

rebaptismwas necessary;
and
some
prominentperson would be induced to act as godfather
would encourage him with a donation of twenty or thirty
ducats,
there was an additional collectionfrom the faithful.
and possibly
of
varied with an episode
On this he traded for the rest of his life,
for some
and living
havinghimself circumcised in Amsterdam
would

years

pronounce

This subsequentlygave him trouble,

tried by the Inquias a Jew, he was
sition
recognized

the Jews there.

on

he

for in Rome

was

years, after which he resumed

candidate for baptism. From Lisbon to Paris

and sent to the

the

for ten
galleys

of a
profession
Naples,he imposedon

of the faithful,
and it was
credulity
reckoned that in all he had been baptizedtwenty-one times.
to an end
A second visit to Spain,however, broughthis career
in his eighty-ninth
Repeated baptismsin Cadiz,Madrid
year.
and

and Valencia aroused

the

suspicion.All

the watch for him

the tribunals

and,after a

were

ordered

year of

he was
searching,
He told his'
arrested at Valencia in 1751.
storyfreelyand fully;
at firsthe said that his repeated
baptismswere merely to gain a
he asserted that he was
but subsequently
living,
possessedby a
whom
he
to
the
of the rite.
ejectby
repetition
demon,
hoped
The consulta de fevoted that,as an apostateand relapsed
heretic
and diminuto he had forfeitedhis life,
but that effortsshould be
after which another vote should be taken.
made to save his soul,

to be

on

he fellmortallysick;he refused to speak to

At this conjuncture
those who soughthis salvation and, when one of them told him,
if he desired to die in Calvinism,
to squeeze his hand,he seized it
with such
Thus

he

body

was

gripthat

assistance
in his

was

necessary

to unloosen

it.

heresy on February28, 1752; the

buried in unconsecrated ground in a, box of quick-lime

passed away

CHAP.

Ill]

in

and,
reduced

PROTESTANTISM

ashes

to

Thus,

held

auto

an

August

and

is

tighten

the

bonds

One

of

the

most

in

the

censorship

Archivo

hist,

Horstmann

repeatedly
of

Paul,

of

by

rival

of

importance

of

the

Inq.

the

effigy

and

were

Spanish

only

development

this

to

means

imitated

the

bones

amplification,

restricted

efficient

national,

baptized

legendary
been

which

merely

Bishop

of
have

to

seen

the

1753,

26,

scattered.1

divested

when

479

as

of

remains

end

to

estantism
Prot-

serving

to

the

nation.

be

ered
consid-

press.

Valencia,

de

Jew

until

sects,

Novatians.

who,
a

Socratis
"

Legajos
about

miracle

30,
425,

arrested

H.

E.,

vii,

31.

similarly
his

17.

career

himself

had
at

the

hands

CHAP.

EARLY

IV]

sition. This law formed

TOLERATION

481

the basis of all

subsequent legislation,

and its uncompromising character foreshadowed

henceforth

were

to exist between

the relations that

the government

and

the intelligence

of

Spain. No book was to be printed,

importedor exposed for
sale without preliminary
examination and licence. In Valladolid
this duty was imposed on the president
judgesof the royal courts;
in Toledo,Seville and Granada
the archbishops,
in Burgos on
on
the bishop,and in Salamanca
and Zamora
the Bishop of
on
erate
Salamanca,who were to act through examiners,paid by a modsalary,not oppressiveto booksellers and printers.When
it was, after printing,
had been thus licensed,
a MS.
to be carefully
compared with the sheets to see that no changeshad been made.
Any book printedor imported and offered for sale,-without such
to be seized and publicly
was
licence,
burnt; the printeror vendor
from
was
incapacitated
continuingin business and was fined in
twice the amount
received for any copies
that he might have sold.1
That the censorship
thus created was
enforced with more
less
or
be inferred from a remark of Chancellor Gattinara,
regularity
may
in 1527, reassuring
Erasmus
ing
againstexpectedattacks that nothwas
permittedto be publishedin Spain without careful
previousexamination,and he ferventlywished that an equally
"

rule could be established in

wholesome
The

motive
be

only

demand

for this

conjectured.

sharp and

can
comprehensivelegislation

the

Before

for the services of the

Germany.2

Reformation
The

censor.

there

Church

little

was

worldly;

was

of faith and

seemed to be
discipline
ference
indifso immutably established that it regardedwith good-natured
such as those of Marsiglio
abstract speculations
Ficino,
like
ridicule
that
Pomponazzi and Agustino Nifo, and concrete

its supremacy

in all matters

of Sebastian

Brandt, Thomas

when

otherwise

the Lutheran

Latin

and
Christianity

could

foretell its limits.

Rome

called upon
of Lutheran
that itwas

assumed
is no

See

Murner

revolt threatened
such

spread with
We

and

have

seen

Erasmus.

It

the overthrow

of

rapiditythat no man
that, as early as 1521,

nation
Spain to preventthe introduction and dissemiand that Cardinal Adrian promptly
writings,
the function of the

to do
Inquisition

so.

There

from either the Holy

of such faculty,
of any delegation
not likely
to be called
the civil power, but his action was

trace
or

was

VOL.

in

Nueva

Erasmi

Recop., Lib.
Epistt.,Lib.

i, Tit. vii,ley 23.

Ep. 33 (Loaclmi,1642).
xxvn,
31

in

[BOOK

CENSORSHIP

4g2

VIII

under oath to obey the

were
the civilauthorities
concerned.
the faith was
where
of the inquisitors,
the most
his decree of April,1521, is couched in

and
question,

mandates

Accordingly,

terms; the books

absolute

in

been

questionhad

and spiritual
judges,wherefore
inquisitors

the

prohibitedby

the tribunals

were

that
and civilpenalties,
instructed to order,under heavy censures
should possess or sellthem, whether in Latin or Romance,
one
no
them to the Inquisition
but should,within three days afternotice,bring
to be

burnt;
publicly

of faith

sermon

sellingthem,

or

the edict

was

to

be

publishedin

possessingor
one
any
and, after publication,
and
not
knowing that others possessedthem
announced

to sufferthe penalties
was
denouncingthe offenders,
and secular authorities
while all ecclesiastical
by the inquisitors,
ordered to render whatever aid might be necessary.1^
were
claimed and exercised the
Thus, at a bound, the Inquisition
books. The
of condemned
the prohibition
of enforcing
power
to have been
would seem
next step" that of condemning books"

taken, in 1525, in
seize all

to
order to the vicar of Alcala de Henares
of the Psalter.2
certain book of expositions

in 1530 and 1531,various edicts showingthe activity

followed,

Then

of the
were

copiesof

an

itsnew
in exploiting
Inquisition

their works
printing

fieldof action.

under assumed

names,

or

The heretics

addingheretic

books, for the detection of which the

invoked; a clause was to
of the tribunals was
vigilance
to authorized

commentaries
utmost

be added

to the Edict

of Faith

the denunciation
requiring

of all

to all
to send executory letters^
such works; the tribunals were
and discreet
towns
demanding the surrender of Luther's writings,

the book-shopsin
to be appointedto investigate
persons were
cia
search of this evilliterature. When, in 1535,the tribunal of Valencommanded
to do this it was
admitted that it had neglected
the

to make

books

appointmentsforthwith and

to have

all condemned

seized.3

authorityto
exercising
condemn
books, to seize those in circulationand to punish their
for any of these
possessors, althoughit had no formal authority
at
It seems
to have felt that the punishment of offenders,
acts.
Tavera,
least,
requiredpapalfacultiesand, when Inquisitor-general
The

in

had assumed
Inquisition

1539, succeeded

and

was

Manrique, a clause

was

inserted in his

de Simancas,Inq.,Lib. 73, fol. 182.

Archive

Ibidem, Lib. 940, fol. 1.

Ibidem, Lib. 76, fol. 343,401; Lib. 77,fol.355; Lib. 940, fol.2.

com-

CHAP.

CONFIDED

IV]

mission

Holy

him

empowering

those who

owned

Office

or

THE

and

INQUISITION

his

to

successors

read heretical books.1

thus

was

TO

The

483

proceed against
authorityof the

complete with regard to books after they

to the equallyimportantfunction of granting

printed,but as
licences to print,its policy at first varied somewhat.

were

The

law of 1502 had confided this duty explicitly

to judgesand bishops,
invaded this by grantinglicences for
but, in 1527, the Inquisition
Antonio

San
to

de

Obregon'stranslations

Vicente de Ferrer's works.

have

Even

arrogated to themselves

1530, the Suprema forbade

entire control

over

book

be

should

the

of

them

of St. Bernard's

some

and

individual inquisitors
seem

to grant licences for,in

power
for itself
to do so, but itassumed

matter, in 1536,by issuingorders that

no

printedwithout a preliminaryexamination by
the Holy Office.2 Reflection,
and possiblyexperience,
however,
showed that this assumption of power carried with it a responsibility
that occasionally
for books which
might prove embarrassing,
it thus approved might subsequently,
in the growing sensitiveness
of

orthodoxy, be condemned,

and

carta acordada

of 1550

nitely
defi-

adding that the Suprema did

prohibitedall such licences,
It was
wiser that preliminaryapproval and
not
grant them.3
subsequent judgement should be in different hands, and this was
in 1554,
providedfor in an edict of Charles V and Prince Philip,
after
to the Royal Council the duty of issuing
licences,
confining
submitted,which, in the case of
to be retained for comparison with the
all important works, were
retained the rightto stop the
printedsheets.4 Yet the Inquisition
careful examination

printingof

any

book

of the MSS.

denounced

to it

as

and
heretical,

it

seems

issued licences,
for a carta acordada
occasionally
of 1575 alludes to the approval of books and **-"irlicensing
by
This was
tion
probably the end of it, md the Inquisiinquisitors.5
by
tacitlydeclined to risk its reputationfoi infallibility
it
have
in
which
books
advance,
might subsequently
approving
for awhile to have

to condemn.

The

1
2

thus restricteditselfto
Inquisition

Archive
Archive

de Alcald, Hacienda,
de

the

duty of condemnation.

Leg. 5443 (Lib. 10).

Simaneas,Inq.,Lib. 940, fol. 2; Lib

"

78, foL 16.

"

Llorente,Afiales-

II, 376.
3
4
5

Simancas, Inq., Lib. 939, fol. 62.

ISFueva Recop., Lib. n, Tit. iv,ley 48.
MSS. of Royal Library of Copenhagen, 218b,pp. 331,332."
Archive

de

Inq., Lib. 940, fol 6, 16.

Archivo

cas,
de Siman-

[BooK

CEXSOESHIP

484

VIII

might be totaland the book be whollysuppressed,

prohibition
suspended donee
its circulation was
in which
case
or
partial,
of passages regardedas
corrigatur"wM it should be expurgated
misleadingor offensive. For this duty it providedno
erroneous,
to take the initiative. In the Edicts
machinery and did not profess

The

of

contrary to

was

and

duty of everyone to denounce whatever

gians
and there were
plentyof acute theolothe faith,
the

made

Faith,it was

criticsto
captious

attentionto any word or sentence

The book was
could be taken.
for

verdict,whether
submitted to the Suprema,
their

and

or

task to call
agreeable
to which exception
proposition
it was

whom
or

an

calificadores,
was
or
expurgation,
suppression
then submitted to

the book

itselfmight

there
be^sent

for examination; in any case the decision rested with it and was
read in all
which was
to the tribunals by an edict,
communicated
could
that no
one
so
the churches and affixed to their portals,

plead ignorance. All

summoned, within
if it

were

book
the inculpated
possessed

who

limited

were

time,to surrender it for suppression,

if objectionable
for expurgation
or
passages
prohibited,

penaltyof excommunication
disobedience.1
for persistent
and fine,with threat of prosecution
Everythingthus centred in the Suprema, whose action was
requiredin even the most trivialmatters, and its correspondence
to be blotted out, and this under

were

these affairswas

on

incessant.

it became
multiplied,

tribunals

or

the memory

As

condemnations

and

expurgations
to trust the records of the
impossible

of the faithful. Some

authentic list or

in their work, and to

requiredto aid inquisitors
and thus gradually
was
booksellers and readers,
developed
warn
the Index Librorum Prohibitorum or Expurgandorum, which has
become one of tfesmost efficientof instrumentalities for repressing
and aidingthe forces of reaction. Henry VIII
the human
intel\gct
the example,in a brief listof prohibited
has the credit ^ setting
lished
year Charles V pubbooks, issued in 1526, althoughin the same
in the Netherlands a plakaatnaming half a dozen authors

cataloguewas

whose
met

books

to such

were

to be burnt.

The

earliestallusion that I have

Cataloguein Spain occurs

in

letter of

September,

Royal Libraryof Copenhagen,218*",

pp. 214,319." -Archivede Simanhist, nacional,
Inq. de Toledo, Leg. 498."
cas, Inq.,Lib. 940, fol. 4." Archive
de Proceder,fol. 74 (Bibl.nacional,
Modo
D,
MSS.,
122). See Appendix.
the Suprema could take the
the ordinary process, but of course
This was
it
and
order
a
s
books and
occasionallydid,
inquisitorsto examine
initiative,
de Simancas, Inq.7Lib. 940, fol. 3.
act on the result. Archive
1

MSS.

of

"

"

CHAP

IV]

THE

1540, from

INDEX

485

the

of Barcelona,
Suprema to Loazes,then Inquisitor
of the efforts to prevent the imporcomplainingof the inefficiency
tation
of prohibited
books, which the Germans
were
using every
to disseminate,
while merchants and booksellers feltno fear
means
of the penalties
and
imposed by the Inquisition.Greater activity

heavier

punishment were necessary, for which instructions were

and suspectedbooks,to which
enclosed,with a listof prohibited
Loazes
This

to add

was
was

suggestions.1
The firstformal
use within the Inquisition.
compiled,in 1546, by the Universityof Lou-

merely for

printedIndex
vain.

his

was

of this

copy

sent,in 1547, to Inquisitor-genera

was

who forwarded it to the Suprema. This had

Valdes,at Seville,
it printed,
with an Appendix containing
the books prohibited
in
with some
Spain,and sent it out, September 1st,to the tribunals,
MS. additions of later prohibitions.2
This is the earliestSpanish
Index, hitherto unknown, which has left no other trace,and it
the commencement
of another duty undertaken
to mark
serves
by the Suprema, that of examiningbooks for the purpose, without
for,in 1545 there is an order to pay Dr.
awaitingdenunciations,
Alvaro de Moscoso
fortyducats for labor of this kind.3 Then, in
1550, the Universityof Louvain issued an enlargedlistand this,
and circulated by the Inquiby order of Charles V, was reprinted
sition
what
in 1551, with its own
has
been
additions,
constituting
reckoned as the firstSpanishIndex.4
of the Suprema were
turned to the Scriptures.
The energies
now
Vast

of Latin

numbers

Bibles had

correct
circulated,
insidiously
dangerous by heretical

the text, but rendered

and commentaries.
Many

of these

search
1551,and diligent
Alcala,and their errors were
of

these labors

examine
them

were

were

been

was

noted.
The
scrupulously
with
communicated
to the tribunals,
the Index

then

which would

learned

determine what

men

was

and

orders to

of 1551 ; if among

and Be sent to the

to be done

accumulation of corrupt Bibles in the land.

notes

results of

editions not in the listenclosed,

they were

examined by
scrupulously

to

in the Index

for others at Salamanca

made

all the Bibles seized under

found

contained

were

as

to be

Suprema,

with the

great

It concluded not to

Simancas, Inq.,Lib. 78, fol. 291.

Archive

Ibidem, Lib. 79, fol. 164; Lib. 942, fol. 15.

de

Ibidem, Lib. 940, fol. 41.

Reprintedby Reusch in his useful volume "Die Indices der Sechszehnten
See Archive de Simancas, Inq., Lib, 940, fol,2.
Jahrhunderts."
3

"

[BOOK VIII

CENSORSHIP

486

wholesale destructionand, in 1554,it issued the firstExpurthe edition and

specifying
gatory Index, devoted to the Scriptures,
sent to the
the passages to be borrado or blotted out; this was
everywhere. All the
tribunals with orders for its publication

order

to be expurBibles seized and all that might be brought in were

gated
and returned to their owners, with a certificate. After the

of the
expiration

of grace

term

allowed,the

most

strenuous

efforts

unexor
ascertainwhether any prohibited
instipurgatedBibles remained in the hands of individuals or tutions,

to be made

were

the

to

owners

of which

were

punishedwith

to be

the utmost

rigor.1
It

was

the books conveyed by Julian Hernandez

evidently

that

October 22, 1557, of

furnished a fresh list sent to the tribunals,
in Venice and brought from Flanders
works described as printed
to Seville. Edicts concerningthem
and Germany by a Spaniard
to

were

publishedeverywhere, the book-shops

be

sedulouslysearched and
to

be

punished with

the

September2, 1558, by

one

any

an

found

in

were

to

of them
possession

greatestseverity. This

was

be
was

followed,

additionallist of books ordered to be

pendent
obtainingmaterial for an indePaul IV had caused one to be compiledin 1557,
Index.
tic
to appear, in 1559, in an authenand suppressed,
which was printed
form.3 The SpanishInquisition,
however, alreadyasserted its
Holy Office in these matters; the
independenceof the Roman

burnt.2

The

excitement

Suprema

over

thus

was

the Lutherans of Valladolid and Sevillesuggested

of heretic books; Valdes procured

comprehensiveprohibition
from the pope the necessary
of power and, in 1559,
delegation
a

the first indigenousIndex

appeared. It

tribunals with instructions that all books

distributed to the
contained in it were
to
was

to be publicly
be called in; those of heretic authors were
burnt
in the autos,and the rest carefully
stored,
making listsof them and

of their owners,

Books

on

which

all anonymous
books
printerand all books

examined
Archive

to be sent to the

the humanities and

if the latter could be

and

were

books

with heretic notes,

to be returned to the owners;

without

imprint of place and

abroad since 1519 were

to be seized
printed
to be detained. The
and, if found suspicious,
were

de Simancas, Inq., Lib.

942,fol. 16,17, 19; Lib* 940, fol.2; Lib. 79,

fol. 213; Sala 40, Lib. 4, fol. 211.

2

for itsaction.

Catholic books

were
effaced,

and

Suprema

Ibidem, Lib. 942, fol. 21; Lib. 940, fol. 2.

Eeusch, Der Index,I,258.

CHAP.

INSPECTION

GENERAL

IV]

487

Index,coveringall books savoringof heresy,

that everything
not contained in it that
to mean
explained
and whenever there was
hereticalor suspectwas to be seized,

generalclause
was
was

doubt

the

the

in

Suprema

was

to be

consulted.1

labor
of the Index had been a work of no little
preparation
and
perplexity.Among others,the learned Doctor Francisco
Sancho had for some
years been employed by the Suprema in
books and, earlyin 1559, he wrote that
examining and seizing
and that,in the course
in his possession
he had a largenumber
which he set forth in a
doubts had arisen,
of his duties many
of censorship
series of questions.One of these suggeststhe difficulty
appliedto a theologyundergoingreconstruction at the
The

Council of Trent, but which

from
the edicts

was

assumed

able
unalter-

to have' been

beginning. Sancho calls attention to the clause in

any thingagainstthe
forbiddingall books containing

the

There

and itsobservances.

faith and the Church

are

books,

many

continues,containingsuch errors, as those of Richard of

Armagh, Durandus, Caietano,the Master of Sentences,Origen,
Theophylact,Tertullian,Lactantius,Lucian, Aristotle,Plato,

he

and

Seneca
and

others,much

it is doubted

whether

used both in and

they

out

of the

can

under
be permitted

schools,

condition

The Suprema shrank from the absurdity

notingthe errors.
logians
theomedieval
eminent
of the most
the works
suppressing
allowed their
and it graciously
and the leadingclassics,

of
of

circulation until further orders.2

The issue of the Index was followed

by

vigoroussearch through

book-shopsand librariesof Spain. Examiners or revisors

all
appointedeverywhere,with instructions to scrutinize

all the
were

universities
books, whether in shops, monasteries^
to detect not onlythose named in the Index
and private
libraries,
collections of

of books
All owners
matter.
suspicious
but all others containing
to submit them for examination,under penalty
commanded
were
Not only the prohibited
of excommunication and two hundred ducats.
books

but

all

regardedas suspiciouswere

togetherwith information

as

to their owners,

to

be

to

the

sent,

Suprema,

in the premises.3
which would do justice
in Spain was
The examination of all the books accumulated
1
2
*

Inq., Lib. 79, fol. 139.

fol. 140, 164.
Ibidem, Lib. 942, fol. 15; Lib. 79,
See Appendix for the
Ibidem, Sala 40, Lib. 4, fol. 233."
Archive

examiner.

de Simancas,

commission

of

an

CHAP.

IV]

must

keep a

books

SECULAR

copy
in Romance

LEGISLATION

489

exposed,where the publiccould consult it. No

printedabroad, even in the kingdoms of Ara-

to be

terrible penalty,
unless
imported,under the same
they had a printedlicence from the Royal Council,but books in
Romance
previouslyprintedabroad, and not prohibitedby the
to be presentedto the local magistrates,
Inquisition,
were
who were
to send listsof them to the Royal Council for decision,
pending
which they were
not to be kept for sale under pain of confiscation
and exile. Moreover, a general inspection
ordered of all
was
books in the kingdom; those in book-shopsand privatelibraries
in conjunction
with royal officialsand universities,
by the bishops,
and those in religious
houses by the superiorsof the Orders.
immoral
to be sequesor
Everythingregardedas suspicious
was
trated,
until judgement should be passed upon it by the Royal
Council,and this was to be repeatedannually.
Existingand foreignbooks beingthus providedfor,a stringent
censorshipof the press was
organized. Death and confiscation
decreed for any one who should giveout for printing
were
a book
without first submittingit to the Royal Council for examination
licence would be issued. To
a
when, if found unobjectionable,
be signedby a
prevent alterations,
every page of the MS. must
were

gon,

secretaryof the royal chamber, who

and
After

state at the end

the
printing,

copiesfor

MS.

rubricate every correction

of pages and corrections.

must

the number

be returned

must

book

comparison. Every
or
priceat which it was

must

with

one

or

two

have in front the

printed
licence,

if there was
sold,the privilege,
and placeof publication.
of author, printer
one, and the names
but legal
ments
docuNew editions were
subjectto the same regulations,
and the Cruzada
of the Inquisition
and official papers
excepted. Even writingwas subjectedto the
Indulgencewere
for death and confiscation were
restrictionsas printing,
same

the tassa

threatened for all who

any

should

subjectwithout
religious

own

or

exhibit to others

submittingit to the

MS.

on

Council,which

firmed,
conshould either license it or destroyit. This ferocious law was
IV and remained unrepealeduntil the
in 1627,by Philip

enjoinedby Carlos
being rigorously

Revolution,its enforcement

IV, in 1804.1

That

any

one

suffered death

for its violation is

Recop., Lib. i, Tit. vii,leyes 24, 33." (Novis.Recop. vm, and, 3;

Codigos antiguosespanoles,
p. 1580.
xviii,1). Alcubilla,
MSS.
for licences to print was
of
trusted
enIn 1746, the preliminaryexamination
de
la
limited
Real
a
Academia
the
to
Historia,
Council
duty
the
Royal
by
1

Nneva

"

[BOOK

CENSORSHIP

490

VIII

show
that they
trials of theologians
and inquisitorial
unlikely,
subjectswithout thought
of papers on religious
accumulated masses
of submittingthem to the Royal Council,but the impediments
enforced and
were
rigidly
which it threw in the way of authorship
in exercising
a most
repressive
with the Inquisition
cooperated
of
Spain.
influence on the intellectual
progress
to secure from the papacy its aid in rendering
It was not difficult
this censorshipeffective. The Su'prema,in itsletter of September
the Lutheran
development,called
9, 1558,to Paul IV respecting
their peniof confessors in requiring
tents
attention to the negligence
denounce
and
to
books
offenders,
to surrender prohibited

Paul, in

and

brief of

in the

Spanish dominions

owned

or

read such

all confessors

January 5, 1559,commanded
to

works, or

enquireof penitentswhether they

knew of any one owning or printing

unless the books

them, when absolution was to be refused,
selling
For obedience to
denounced.
surrendered or the culprits
were
remission of sins was
promised,
this,on the part of confessors,
of functions
threatened with fines,
deprivation
while negligence
was
for reinstatement,penalties
and benefice and
disability
discretionalwith the inquisitor-general.1
which were
concentrated
Thus papal,royaland inquisitorial
powers were
in the effort to purifythe land of heretical literature. By the
Edicts of Faith and by the confessionalthe whole population
was
contravened the
enlisted as spiesand informers on those who
or

by Fernando
The

records

VII

to

of this

369-434).

XXXV,

three

concerning the historyof Spain and the Indies.

censorshiphave been printedby the Academy (Boletin,
those

Each

MS.

classes of

submitted

was

to

one

or

more

members

and

favorable,unfavorable and doubtful,the

latter equivalentto the donee corrigaturof the Index, when the author had an
sionally
opportunityof revisinghis work and submittingit again,a process which occathird
The
time.
have
been
was
to
a
for
the
censors
repeated
appear
most
part lenient. In the record,extendingfrom 1747 to 1833, the favorable
to 618, the unfavorable
to 149 and the doubtful
to 155.
reports amount
Works
of belles-lettres
submitted
to the SpanishAcademy.
Don
were
Manuel
Serrano y Sanz has printed (Hevista de Archives
Julio-Agosto,
1906) a number
of the judgements pronounced by the censors
to whom
they were
confided,
which throw an interesting
the
critical
of
the
on
canons
light
period. It would
as MiguelCerveraL6pez
appear that the issue of useless books was discouraged:
of
Los
entitled
de
one
un
desengaftos
says
casado,
"Findingno usefulness in this
writing,I think it should not be printed." This was only enforcinga decree of
Philip IV in 1627,orderinglicences to be refused to unnecessary works (Novis.
Reeop., VIII, xvi,9).
1 Bulario
de la Orden de Santiago,Lib. 1, de copias,fol. 100.
there

were

censure

"

CHAP.

CAPTIOUS

IV]

which
prohibitions,

EXPURGATION

rapidlysucceeded

and all readers

edicts,
any

which

passages

each

of books

might seem

491

were

to them

other in the

requiredto
or
suspicious

It is

are

the

which

are

that
probablyto this latter source
trivial expurgations
with
incredibly

burdened.

orthodox

How

it sometimes

torial
inquisi-

denounce
offensive.

attributable most

of

the later Indexes

fared with authors,indubitably

but careless in

is exemplified
in the case of
expression,
the Maestro Fray Hernando
de Santiagowho, in 1597, published
at Salamanca, of course
after the preliminary censorship,
his
Consider aciones sabre todos los
It

denounced

was

and
propositions
Toledo

case

with

The

were

erroneous

him

and

Quaresma.

that the work

no

more

and

order

heretical

scandalous.

after examination

reprimand and

and to write

sermons

admission

an

that

many

y Fiestas de la

as containing
some
Inquisition

tribunal summoned

suspend his
in his

to the

Domingos

to be

The

voted

more

to

reticent

scandalous

contained

Suprema, however, set

books, which was

tionable.
objecnothingespecially

the vote

aside and

ordered

his trial to be

vigorouslypushed and all his papers to be seized.

A struggle,
prolongeduntil 1602,ensued over an infinite number
of expressions
to which the calificadores took exception,
resulting
in his beingseverelyreprimandedin the presence of representatives
of all the religious
pension
Orders,with banishment from Castile and susfirst
of
from
which
preachingfor three years, the
year
was

to be

passed in reclusion in the monastery of Cuenca

as

penitent.From his book were to be expurgatedall the passages

and the listof these
noted as objectionable
by the calificadores,
as
printedin the Indexes is formidable in lengthrather than in
for captiouscriticism had wreaked itselfon the minutest
quality,
"Assur
in correcting
King of Persia"
justified
points. It was
"the day
to "Assur
King of Assyria;"possiblyalso in altering
denied Christ,"
Christ" to
but only slavish
when
Peter renounced
that "the day when a tyrant king" should
adulation could require
the indomitable maestro
be changed to "tyrant captain." Still,
for in the following
not silenced,
was
year, 1603,he issued another
"

book, Consider aciones sobre

los

Evangeliosde los Santos}for which

though his book likewise found its way

escapedprosecution,
into the Index,with,however, a smaller array of expurgations.1
it will thus be seen, by no means
fined
concensorship,
Inquisitorial
for which
the works of foreign
itselfto suppressing
heretics,
he

8.

"

MSS. of Library of Univ. of Halle,Yc, 20,T. I." Index

Indice

Ultimo, p. 240.

of

Sotomayor,

pp. 524-

CENSORSHIP

492

Had

instituted.
primarily

it was

[BOOK

it done

sufficiently
benumbing influence

for it excluded

works

many

and

of their contents

it

have

cised
exer-

Spanishintelligence
rather than

the
able to settle definitely
works of high scientificand

was

questionsarisingfrom

troublesome

on

of their authors

because

never

so, it would

VIII

authorshipor an occasional passage

cultivated. This
so zealously
might offend the hyper-sensitiveness
not only in itselfbut in the
restrictiveon culture,
was
sufficiently

intellectual merit,in which the

which, as we shall see, it imposed on the introduction

ence
unfortunate in its influmore
of all books from abroad, but even
the whole field of native
the censorshipextended over
was
barriers on authorshipseeking publicity,
literature,
interposing
orthodox writers to the danger of
the most
and exposingeven
or to the humiliation of having them
seeingtheir works suppressed,
obstruction

passages in which
expert might detect
theological

with blotted
disfigured
of

some

ingenuity
danger to the
possible
the perverse

unwary.

Yet, to do

the

in
justice,
SpanishInquisition

considerate than the Roman

censorship.In

this it

1564

was

more

appearedthe

This is the
the Tridentine Index.
as
IV, known
of probasis of all succeedingRoman
Indexes,which are strictly
hibited
books" that is,aU books, to which exceptionof any kind
whether their errors
could be taken, were
were
matic
systeprohibited,
of Pius

Index

only occasional. No indication was given as to what

the objectionable
were
points,althoughthe author, by^humble
of the Index, might obtain information
to the Congregation
supplication
at the risk of its
and reprinthis book with corrections,
The
more
Spanish Inquisitionwas
being again prohibited.1
for
it
in
which, when
laborious,
preparedExpurgatory Indexes,
not absolutelyprohibited,
the objectionable
books were
passages
were
designated
and, when, these were borrado,or blotted out,the
or

book

could be circulated.

Working thus
Spain and
1

Catalan!

The

by

de Secretario

only attempt made

Gianmaria

advanced

different

lines,there was
the Holy See. In fact,
as we
on

censors

shall have occasion

Congr. Indicis,
p, 31 (Eomse, 1651).
Index Expurgatoriuswas
Roman
compilea

to

Guanzelli da

beyond

the

Master of the Sacred Palace.

Brisighella,
first volume
and
was
suppressedin 1611. That

consists of 599 double-columned

so numerous

littleharmony between

are

the

12mo

expurgations,
many

and

pages
of them

in

1607,

It never
volume

only contains fifty-twoauthors,

as

trivialas those of the

Spanish

CHAP

IV]

THE

INDEXES

493

asserted entire independence of the

observe,the Inquisition
Roman
its prohibitions
and
censorship,
disregarding
issuingits
without reference to Rome.
own
This commenced
early,as is
in some
shown
curiously
contradictory
utterances,in 1568,respecting
the Tridentine Index.
February 7th,a carta acordada orders
the observance of the Spanish Index
of 1559; then another,of
June 14th,recites that the Tridentine Index is not observed and
that persons are usingbooks prohibitedin it,wherefore inquisitors
to

to order it to be

are

obeyed and

to tellpreachersto urge

this from

their

a third carta,a fortnight

pulpits;
finally
later,on June 29th,
revokes this by commanding that the Index of 1559
practically

is the

only one

What

to be followed.1

between

the

of the press, the wideningknowledge

activity
of heretical literature,
and the increasing
sensitiveness of criticism,
work
the
promised to be endless and preparations
under
were
soon
for the

way

called upon

new

Index.

The

labor proved to be

the prelatesand
tribunals,

the

universities

for

information;as this was received it was sent

Maestro Francisco Sancho, who selected from the University
Salamanca
Index.
a junta to frame from these materials the new

were

of

The

lightone.

no

to

preparationof

left Salamanca

Sancho

Then

Diego de

and
Vera.

recommended

as

his

successor

The

Suprema grew impatient

6, 1572, it charged the theologians
and, in a letter of December
of the work; in view of its
of the university
with the prosecution
it was
to be
importanceand the urgency of speedy completion,
to be pushed forward
preferredto all other business and was
and disputed
They doubtless labored conscientiously
unremittingly.2
stillfar off. In 1574 we hear
but the result was
zealously,
that the Index was
expectedto be completed shortly;in 1575,
the Licenciado Velarde, in charge of the matter, was
urged to
completeit;in 1578 it was so far advanced that it was submitted
his assistantDoctor

to the

Universities for their revision and in 1579 they

for their

opinionson

Stillthere

was

labor

was

firstwas

vast

an

mostly of
1

2
3

generalrules

drawn

up to accompany

the

names

outcome

it.3

of this careful and

of authors all of whose

works

were

Simancas, Inq., Lib. 940, fol. 4; Lib. 942, fol. 25.

Ibidem, Lib. 82, fol. 76; Lib. 940, fol.5.
Ibidem, Lib. 940, fol. 6, 7, 18.

Archive

asked

prolonged
increase over
previousindexes,appearingin two
of Quiroga,the inquisitor-general.
as the Indexes
ing
Index of prohibited
books,issued in 1583, consist-

delay,for the

volumes, known
The

the

were

de

for-

[BOOK

CENSORSHIP

494

This

bidden.

followed,in 1584, by

was

the firstof its kind

the

people by
in the

or

16th

prescriptions.

to be read after the sermon

The

the Edict of Faith.

as

way

same

to render

towns, it was to
principal
after convoking
feast-day,

it was

when
proclamation,

Index"

of October

its

of

enforcement

Although it had been publishedin

be published again,on a Sunday
the

acordada

A carta

the

directions for

contained

Expurgatory

necessary
givingthe expurgations

"

enumerated.

the works

current

an

VIII

preacherwas

having prohibitedbooks were to

in
designated
or to a person
to the tribunal,
at once
deliver them
each town; those having books to be expurgatedcould do so in

to

that all persons

announce

their

houses, but within

own

six months

submit

must

them

to

without which they

the said persons for approvaland signing,
to
seems
not be considered as expurgated. Obedience
would
extended
13, 1585, the time limit was
have been slack; on June

business

as

was

in

until the end of 1588.1

accorded

1587, a further delay was

The

followed and,
prorogations

successive

for four months; then

interminable

the labors of the Danaides.

as

facultiesof Salamanca, Alcala

Already, in 1586, the theological
informed that omissions had been reported,
and Valladolid were
and

they

In 1594

done.

hear of

we

on
preparations

of Alcald

should

consider what

and

assemble

to

Neroni, Abbot

Doctor

and

asked

were

be

Index

foot for another

instructed to form

was

junta of doctors and masters competent for the work.2 Progress,

by the strife which arose between the
however, was interrupted
the Jesuits

and

Dominicans

of
propositions
and
with sufficing

the

over

Molina

and

efficacious
questionsconnected
continuous and
the subjectwas
on
grace. The correspondence
and
of Spain,who were
numerous
voluminous; all the theologians
lized
highlyvocal,were involved in a prodigious
uproar which monopoof
the
the
Even
the energies
was
Inquisition
censorship.
factions
and, in
powerlessto restore peace between the raging
the

insoluble

1598, the strictestorders

debate
lectures.
find

we
1

an

Archive

or

Yet

discussion
the

edict

sent to all the

were
on

the

subjectand

tempest continued

to

ding
forbiduniversities,
any

allusion to it in

growl and

even

in 1612

concerningit.3

de Simancas, Inq., Lib. 941, fol. 9; Lib. 939, fol. 127; Lib.

940, fol.

16, 17.
2

Ibidem, Lib. 940, fol. 8,

1598, he
Ger6nimo
3

was

ordered

de Almonacid

to

16.

"

Even

Abad

Neroni required supervision.In

report to the Suprema what

said he

Ibidem, fol. 8-12, 17,

was

possessed. Ibid.,fol. 12.

"

the Bible which

Fray

CHAP.

IV]

THE

Stillthe work

INDEXES

495

labor.
We
making progress, with enormous
happen to learn that,in 1596,the tribunal of Murcia was instructed
to confide to Dr. Arce and his brother the expurgation
of Theodore
Zwinger'sTheatrum Vitce Humance, an enormous
work, in eight
folio volumes,publishedin Basle in 1565.
How
long they were
engaged upon the task may be inferred from the fact that,in' 1610,
the tribunal was
ordered to give to Padre Arce the copy of the
book

which

was

he

had

labored,and the result appears in thirtyeightpages of the Index,occupiedby his expurgations.1In.1605

find commissions
we
grantedto sundry calificadores to take from
the book-shopswhatever books they needed for examination.
A
juntawas formed,probablyin 1608,the members of which received
the liberal salaryof a ducat a day and, in 1610, listsof books were
with instructions to submit
sent to all the tribunals,
them
to
on

learned

for consideration.2

The

expenditurewas largefor
it was
not until 1612 that the new
of
Index,known by the name
Sandoval
the light. It was
saw
y Rojas,the inquisitor-general,
and an expurgatory Index in one
both a prohibitory
stout volume.
issued under the authorityof InquisitorThe next Index was
generalZapata,in 1632, forming a largefolio. Then, in 1640,
another appeared in a stilllargervolume, known
the Index
as
of Sotomayor. Sixty-seven
years elapsedbefore the publication
Vidal Marin.
of another,in 1707, under Inquisitor-general
Its
had been entrusted to Antonio Alvarez de la Puente
preparation
and Fernando
GallegoCalderon,the latter of whom died and the
It contained not
carried to completionby the former.
work was
men

or
only the listof Sotomayor and the works condemned
gated
expurothers
discovered by the
during the interval,but many
industry of the compilersor by the revisors appointedby the
under orders of May 31, 1706, to examine
all
various tribunals,

book-shopsand libraries.3 It occupiedtwo folios of rather smaller

of its predecessor.The next Index was
size than the single
one
Prado y Cuesta,in one
issued in 1747, under Inquisitor-general
1

de Simancas,

Archive

Inq.,Lib. 940,

fol. 11, 17.

order to pay Fray Diego de Arce

"500 reales for his services in the juntaand another to givehim a ducat a day during
rate and special
In 1610 Padre Juan de Pineda is paidat the same
its existence.
2

Ibidem, fol. 17,22, 23.

apieceare made to Dr. Camargo and to Fray Ignacio de

Marques de Prado, Bishop of Tortosa, receives 800
1613,
his work in the junta. Ibid. fol. 23, 24.
hist, nacional,Inq. de Valencia,Leg. 1, n. 4, fol. 234.

payments of
Ibero.

In

ducats

for

Archivo

In 1609 there is an

300 ducats

Alonso

"

CHAP.

IV]

EXPURGATION

OF

BOOKS

AND

LIBRARIES

497

the successive issues,

During the long intervals between
the
tribunals were
expectedto compilefor themselves listsof the books
in the

condemned
the Valencia

frequentedicts

tribunal taken

translation of Robinson

sent

to them.

to task for not

Crusoe

had

been

In

1781

knowing that
by
prohibited

find

we

French

decree of

January 16, 1756, and it was told that,if it had not kept such a
it must seek for one in some
tribunal that had done so.1 Booklist,
sellers
likewise were
all
to
note
new
in the
expected
prohibitions
of
Indexes
the
which they were
copies
requiredto keep, and a
the
decree of 1627 instructed
tribunal to furnish to them
copies
of all edicts as they appeared,so that they could not plead
ignoranceand escape punishment.2
As regardsthe performance of expurgation,
so long as the published
Index was merely prohibitive,
it was necessary for the owner
to deliver the book

the

to the tribunal

objectionable
passages

1563

and

show

1568

gatory Index

or

to

commissioner

blotted out and

this to be the

some

to have

documents

When
practice.3

of

the expur-

of

Quiroga appeared, in 1584, we have seen that

were
owners
empowered to do this and that they were negligent,
which perhapsexplains
withdrawn.
why the privilege
was
subsequently
difficultto enforce obedience and the duty was
It was
troublesome, leadingto the expedientof licensing
professional
authorized to do the work and give certificates
expurgators,who were
with the condition that,when working
of its due performance,
if they found prohibited
in libraries,
books,they would seize
and deliver them

to the nearest

commissioner.4

When

books

were

the habitual
delivered to the tribunals for expurgation,

delays

exasperating.In 1688

de la

must

been

have

Torre, whose
a

can

for which

tribunal

orderingit to expurgate

scarce
a

wonder

that

carta acordada

there,and all owners

were

were

owners

of October

to state in their edicts that the

book

deliver it to him.5

of his and
We

Juan

from the Suprema

exhausted,obtaining

was
patience

letter to the Valencia

we

find Don

as
negligent,

remedy

nals
5, 1712, ordered the tribu-

expurgationswere

to send their books

to have

on

record

the offend-

nacional,Inq. de Valencia,Leg. 15, n. 11, fol.36.

Ibidem, Leg. 14,n. 3, fol. 164," MSS. of Royal Libraryof Copenhagen,218b?
hist,

Archive

p. 214.
3 Archive
de

Modo

Archivo
VOL.

Simancas, Inq.,Lib. 940, fol. 3, 4.

Proceder,fol.86 (Bibl.nacional,MSS., D, 122).
hist, nacional,Inq. de Valencia,Leg. 12, n. 2, fol.44.
de

in

32

ing passages blotted

Then, in 1790,the
of

[BOOK

CENSORSHIP

498

to
againpermitted

was

do it on

condition

within two months to show that it had been

gations
the Indice Ultimo gave no indication of the expur-

the
presenting

done, but, as

book

left for the

it was
required,
of books

source

to discover them.2

owner

rendered
adopted,expurgation
and
of anxiety and trouble,

plan was

what

matter

by persons deputedfor the purpose.1

out

owner

VIII

the

No

ship
owner-

exercised

for there was

no
deterrent influence on the diffusion of culture,
statecraft,
whether fiction,
poetry,history,devotion,
class of literature,
lynxwell as theology,in which some
as
law

science,

or

phraseor sentiment which called

being issued prescribing
continually
for revision. Edicts were
the expurgationof individual books, sometimes thirtyor forty
the most trivial
on
and frequently
years after their publication,
and the lover of literature or science had to be constantly
grounds,
not discover

eyed criticcould

of neglect.
the watch to escape the penalties
with
the application
was
The process of expurgation
ink to the peccant word or passage,
of
coat of printing
on

as

to

tribunal took
the Mexican
When
illegible.
perfectly
Juan de
of the saintly
all engravedportraits
to condemn

notion

Palafox,Bishop of Puebla,the face

ink

so

it

render
a

brush

as

so

the features

to render

was

thus daubed

over

When,
indistinguishable.

with
in

some,
book, the lengthof the offendingpassage made this too troublethe ruder process was
adopted of tearingout the pages,
of
regardless

the innocent

matter

thus removed

and

destroying

parts thus sundered.8 Literature

the connection of the

was

of

small account to the butchers of books.

book-buyerswere

Booksellers and

to
subjected

gation
constant investi-

the influence of which

in the rudest manner,
of shops
bookcould not failto be most depressing.The examination
have
which we
seen
and
public and private libraries,
in 1559, was
prosecuted
attemptedas earlyas 1530 and resolutely

conducted

settledpolicyand

Archive

Indice

was

vigorafter the issue

pushed with especial

Leg. 1, n, 4, fol. 250.

Inq. de Valencia,
nacional,
1 (p.xxxvi),
Advertencia
xii
(p,xxiii),
Ultimo,Regla
hist,

of Abbot ELescas,two folio leaves are

In my
copy of the Historia,pontifical
thus torn out to get rid of a chapteron Pope Joan,which had passedthe repeated
3

censorshipthat
thus
I

removed
owe

borrado

had

contain

suppressedtwo
two

to the late General

as

whole
Don

described in the text.

previouseditions of

Riva

Palacio

the book.

parts of two

chaptersand
a

copy

The

pages

others.

of the portraitof

Palafox,

CHAP.

EXPURGATION

IV]

of every

AND

BOOKS

OF

LIBRARIES

499

Index, but it was not limited to those times. The

correspondence of the Suprema is full of letters and instructions
with which the work was
showing the unremittingvigilance
ried
carIn 1600 the tribunals of Valencia,
on.
Barcelona and Murcia
ordered to send to the Suprema the books of the Constable
were
new

of Castile

"

box

of them

on

to examine

which

of

work

the way.

Montoya

told to send to Doctor

Then
of

the books
had

duration

some

for,in 1602, there is stilla

the Sevilletribunal

Fray Diego

Davila

indicated.

Then

Montoya

the books

and

instructed

forward those

the Murcia
of Don

was

tribunal

Juan

was

de Hoces.

In 1602 the books

of the confessor to the queen were

ordered to
be sent to the Suprema. All these were
whose
privatecollectors,
tastes

or

zeal for

learningsubjectedthem

the unlimited

to
humiliations,

of artisticbindings. The
owner

case

an

with

exposed.

Toledo
the
as

to the

books,
irreparable
damage

of books rendered the

possession
If this was
and investigation.
the
objectof suspicion
collectors
of
all
ranks,we can readilyappreciate
private

the endless troubles and

were

detention of their cherished

carelessnessor pilfering
and

to loss from

to these vexations and

mere

ruinous

In this same

tribunal that Doctor

book-shopsof
to which

it

Madrid,

was

to

do

to which booksellers
prosecutions
year 1600,tie Suprema advised the

Juan

Martinez

in the
resulting

had

been

statement

examining
enclosed,

justicethe customary formula

"

in

prosecutions.1
This is merely an indication of the continuous warfare waged
from which no
safe. In
one
was
againstculture and learning,
under penalty of forty
1627 a decree commanded
booksellers,
books and
ducats and excommunication,to reportall prohibited
which they might meet in private
those requiringexpurgation,
ordered to seize all
libraries.2 In 1618, the Seville tribunal was
Even
books that had belongedto Arias Montano,3
the Hebrew

royallibraryof the Escorial was

regulations.When the Index

ating
to the most humilisubjected
of 1612 appeared,the Geronithe Suprema,stating
the wish
mite Prior of San Lorenzo petitioned
books should not be removed
of the king that the prohibited
or
distinct from the convent
and the
as it was
library,
expurgated,
only keys to it were held by him and the chief librarian. There-

the

Archive

MSS.

Archivo

of

Simaneas, Inq.,Lib. 940, fol. 4, 12, 14.

Royal Library of Copenhagen, 218b,p. 214.
de Simancas, Inq.,Lib. 940, fol. 18.
de

[Boon

CENSORSHIP

500

the

upon

examine

sent Fray
inquisitor-general

and

Francisco

reportthe arrangements of the

de

Jesus

VIII

to

after which,
library,

12, 1613, it decreed as follows. All books which

or
and not religious
offensive,
by authors of the first
literary

November

on

are

condemned),are to be
note that the author is
and have a prefatory
marked
separated,
is givenfor them to remain where they
condemned, but permission
the chief librarian and the professors
be read by the prior,
can
of the college.All books by such authors,treatingof religion
sacred histories and
and cognate matters, such as chronologies,
histories of the popes, seeingthat the king does not wish them
class

(thoseof whom

all the works

were

removed, shall be stored in a separateroom, always locked as

in an archive,and no one shall read them save the priorand chief
and Suprema;
Hcence of the inquisitor-general
librarian,
by special
one
there shall be two keys (locks)
kept by the chief librarian and
the other by the Suprema, and two listsshall be made of them, one
and the other by the Suprema. With
kept in the locked room
MSS.
by heresiarchs from the
these shall also be placed two
MS. department. Rabbinical books and Bibles in Romance
can
remain, but shall be put in a separate case and be marked as
but they can be read as hitherto,
by the prior,chief
prohibited,
The frailein chargeof the pharmacy of
librarian and professors.
the

convent, but he alone,can

read books

on

medicine

by authors

and other matters

quintessences
the deadliest infection could
of importance.1
A quarantine
against
devised.
have been more
scarce
carefully
relaxation in this when, in 1616,InquisitorThere was
a slight
for distillationof
of the firstclass,

generalSandoval

at the Escorial and

extended

to all the fessors

proof the college
of readingbooks of the first
the privilege
was

Zapata Index of 1632 appeared, the

and Inquisitor-general
firmed
Sotomayor conthe arrangement of 1613.2 On the publication
of his Index,
in 1640,the frailes of San Lorenzo petitioned
the Suprema that
the library,
to the king,should not be expurgated
as belonging
class

religion.After
questionagain came
up

on

Archive

In. the

de

the

Simancas,Inq.,Lib. 32, fol. 666.

Indexes,books were divided into three classes. The firstconsisted of

condemned
authors,all of whose works were
prohibited;the second of books
by known authors,requiringexpurgation;the third,of unknown
authors,either
prohibitedor requiringexpurgation.
the theory,but negligently
This was
observed in practice.
2
668.
fol,
Ibidem,

CHAP.

under

IV]
the

EXPURGATION

Index.

OF

To

BOOKS

AND

LIBRARIES

501

this the

Suprema repliedin a consulta

to the king,November
16, 1641, arguingthat,as the librarywas
the greatestin the world and belongedto the king,it was especially
importantthat it should set the example of containingnothing
contrary to Catholic doctrine. Still,
there might be a secluded
in
place, which all books by heretic writers and of evil doctrine
could be set aside,and the key of it be kept by the inquisitoron condition that the library
should furnish to the Suprema
general,
whatever books itmight need.1
There can be littledoubt that some
new

such

arrangement was reached.

The vigilantsupervisionover

unrelaxing,and

book-shops and

libraries was

the

depressinginfluence which it exercised on

the book-trade and on culture in generalcan be estimated from
the regulations
accompanying the Index of Vidal Marin, in 1707.
The
tribunals were
authorized to appoint an unlimited number
of Revisores de Libros,empowered, at such times as suited them,
to examine the publiclibrariesand auctions and book-shops. The
revisor

require from

to

was

booksellers inventories of stock and

that these w'ere

complete; he was to order sent to his

house or to that of another revisor,
all prohibited
books and those
requiringexamination,and report the result to the tribunal;he
with his signature
allbooks requiring
to expurgate and certify
was
expurgation. He was to report all omissions or contraventions
by booksellers of the rules of the Index, and for this his inspections
to familiarize himself with these
be frequent. He
must
was
inventories and also with those which the booksellers were
obliged
to render to the tribunal at the beginningof each year, with details
oughly
thorof all sales made duringthe year, so that he should become
informed and the booksellers be deterred from committing
to

see

their customary frauds.

of the books
the owners
town.
"

As this

was

licentious7'talk

of
to be done at the expense
of the
of publiclibraries,
or, in the case
All this was

expectedto produce much

againstthe Index was to

dissatisfaction,
any
be

reportedfor

due

punishment.2
not lacking. The
powers
expected dissatisfactionwas
for
grantedto the revisors gave so largean opportunity oppression
and extortion that the position
was
eagerlysought. Commissions
of these literary
until the number
spies
were
multiplied,
recklessly

The

Archive de Simancas, Inq., Lib. 21, fol. 303.

Archive

See

hist,

Appendix

for

national,Inq. de Valencia,Leg. 374; Leg.1, n. 4, fol. 234.

a

commission

of Revisor

de Libros.

"

[Boos

CENSORSHIP

502

blackmailers aroused

and

generalcomplaint. Nor

was

VIII

this

October

Suprema,
5,
of appointeesand
1712, calls attention to the excessive number
of which it proposed to
for the palliation
the evils thence arising,

mere

temporary

issue

an

abuse, for

letter of the

edict.1

shops
inspectionof publicand privatelibrariesand of bookWe find,
of the Inquisition.
continued tillthe suppression
that of Madrid
a
June 25, 1817, the Seville tribual sendingto
list of books belongingto Juan GuaJberto Gonzalez,royal fiscal
the fiscal sends to
in the Council of Indies and, on August 18th,

This

tribunal the translation for which

unnamed

an

it had

asked

of

Marquis of Narros, the linguistic

been insufficient.
attainments of the inspectorshaving apparently
list of books

belongingto

the

the work seems

to
now
Inquisition,
doubtless eager to do
of the tribunals,
be performedby officials
anythingthat would bringin fees,for,in 1819,we have the report
in the inspection
of the secretaryof the Valencia tribunal that,
In the financialdistress of the

book-shop of Pedro Juan Mallen,he had found

and which was
which he seized as suspicious
Italian,
of the

sermon

in

mitted
duly,sub-

calificadores.2

to

Death

afforded

an

not neglectedof expurgating

opportunity

died,the Inquisition
stepped
privatelibraries. When the owner
of his books.
In
and control the disposition
in to investigate
1651, it would seem that all books had to pass throughits hands
Torre,the Suprema orders the
Valencia tribunal to forward to it the packagesdelivered by the
ones
the prohibited
separatefrom those approved.3 The
heirs,
for,in the

case

of Don

instructions of 1707

Alonso de la

apparentlylimit

this interference to

cases

of

sale,for they providethat when, on account of death or other

booksellers must furnish the revisor
cause, a libraryis sold,the
with

listof all books and their

ones

may

be

so
prices,

that

surrendered,for which

or
prohibited

the booksellers

pected
suscan

receipts.4In 1748 the case of Doctor Teodoro Tomas, canon

of the cathedral of Valencia,indicates that the executors had to

take

position
render to the tribunal a detailed statement under oath of the disThe prohibited
books were
made of allbooks and papers.
1
2

Inq. de Valencia,Leg. 1,n. 4, fol.251.

Archive hist, naeional,
hist, nacional,
de Simancas, Inq., Lib. 890; Lib. '559." Archive
Archive

laq. de Valencia,Leg. 47.

3
hist, nacional,
Inq.
Archive
4
Ibidem, Leg, 374.

de

Valencia,Leg. 9, n. 3, fol. 405.

CHAP.

IV]

ESTATES

OF

THE

DEAD

given to the Dominican convent,which

to hold them, and the rest were
sold to
Manuel
booksellers. The papers
Cortes,
those pertaining
to cathedral affairs were
those which
to

seemed

useless were

503

had

licence

Juan

enablingit

Bautista Malet and

also accounted

were

delivered to the

burnt and the servants

some

apothecary.1

an

the necessary preliminary

of submitting
an
revisor had evidently
been complied with.
When

omitted

the resultant trouble is

gorio Mayans

Siscar,the

died in 1781.

day, who
his widow

pious woman

most

His

make

sought to

in
exemplified
eminent

librarywas

the

most

the

convent, which

licence to hold

she learned that this

libraryof

of it for his children.

but

had

this

was

Gre-

and
largeand valuable,

formalities.
requisite

inventory

of letters of his

man

through ignorancedid
She sold a largeportionto

was

"

chapter,

sold

In this case
to

for

She

not

observe

the

Augustinian

the

prohibitedbooks, and when

unlawful she made greateffortsto get it

was

back; the Augustiniansresisted but were finally

obligedto submit.
Then she appliedto the Suprema for a licence to sellthe prohibited
books, which was referred to the Valencia tribunal. It replied,
November
had exhibited
8, 1803, that the Augustinianprovincial
had a rightto hold
the licence,
and had been told that the convent
The inquisitor
them, but the widow had no rightto sell them.
sympathized with her, but pointedout that to grant her request
and he recommended
would open the door to fictitioustransactions,
she should be allowed to sellthose which

that at most

the Augustinians

bought,for there were others. The librarywas large;

it had taken long to make
inventory and stilllongerto find
an
ever,
it and note the prohibited
books.
This,howa revisor to go over
had been
and the widow
had at last been accomplished,
books to be surrendered
furnished with two lists one of prohibited
had

"

and
Inquisition,

to the

expurgated before she

requiredto see
deciding,

could
a

the

other of those which

sell them.

listof the

must

be

Suprema, before

The

sold to the

books
prohibited

hope that,
in the end, the widow was able to disposeof her husband's books,
althoughthe proceedsmust have been wofully diminished by the
which
Augustinians,

and

fees
There

expenses

was

the

scant

and

duly furnished,and

the

confiscation of

we

may

those

prohibited.2

encouragement in Spain for scholars

of

means

was

study and

research.

47.
hist, national,Inq. de Valencia,Leg.

Archive

Ibidem, Leg. 4, n. 3, foL 290,

293.

to

late
accumu-

CHAP.

IV]

PREVENTION

danger to

be

SMUGGLING

guarded againstcame

from

505

abroad, and the Inquisition's

effective service to obscurantism

most

the

OF

rendered

was

in

quarantine which

the infection of

new

it established to preserve the nation from

ideas. To this were
directed the unremitting

energiesof the state,which found in the Holy Office its most

useful instrument. We
have seen
above how
early it took the
alarm in 1521.
In 1532 the Royal Council adopted the heroic
of

measure

the importationand
prohibiting

printedbooks1

sale of all

recently

would have cut off

which,if enforced,
all foreignliterature,
Spain
duction
without preventingthe introof hereticalbooks concealed in packagesof other merchandise.
If not speedily
it at least soon
became
repealed,
obsolete,
and the function of guarding the land from the importationof
a

"

measure

from

heretical matter

naturallyfell into the hands of the Inquisition,

alone possessed the authorityand the ability
to decide

which
between

what

was

innocent and what

was

obnoxious.

This function

consisted of two duties that of separating

the wheat from
the tares in books regularly
importedthroughthe custom-houses,
"

in the

and

suppressionof smuggling.
undertook
Preciselyat what time the Inquisition
it would be impossible
and
to say, but its activity
of the work

would

and

In

1558.

to date from

seem

letter of

May

the Lutheran

12, 1558, from

these duties

organization
scare

the

of 1557

Suprema

to

had been instructed

V, it declares that all the inquisitors
the greatestvigilance
and alongthe French
at the sea-ports

Charles
to

use

but such was the audacityof the heretics that this did not
frontier,
as was
suffice,
provedby the number of books dailyseized in spite
of the most rigorouspunishment.2 So, in its report of September
of heretic
9th to the pope, it stated that to prevent the importation
with their officialshad been established along
books, inquisitors
hood
the coasts and in the placesof greatest
trade,which was a falsefor the purpose
of obtainingpapal sanction for despoiling
tribunals were
the Church, since no new
established,
though the
this was
vigilance.How
urged to special
existingones were
exercised is detailed in

letter of October

25th from

the Seville

clare
in response to an exhortation to diligence.They deinquisitors,
that all possible
care
was
taken; instructions had been given
of any kind
of all shipson arrival;no merchandise
for the visiting

de

Simancas, Inq.,Lib. 940,

40, Lib. 4, fol. 228.

Archive

Ibidem, Sala

foL 2.

CENSORSHIP

506

there were,

that there

saw

VIII

the presence of a commissioner,

books in the packages or, if

openedwithout

could be discharged
or
who

[BooK

were

no

sent to the tribunal. All packagesfor Seville

they were

sealed and not opened save in the presence of their inspector,

books enclosed. All books arriving
whether there were
to see
delivered to the tribunal and examined, when those found
were

were

to be

were
or
suspicious
prohibited

detained; it had

their knowledgethat any one had received and

without this previousexamination.1
This shows that
continued
books

with

the

removed

were

to

distributed books

and

new

end.

unknown

to the

and sent

All

packages of
or
subjectto
prohibited

littlemodification to the

and
expurgation,

come

which
alreadythe system had been established,

those
carefullyinspected,

were

not

ones

regardedas

picious
sus-

tribunal to await itsdecision,

nite
usuallyinferred consultationwith the Suprema and indefimoreover"
box, bale
delay. Every package of merchandise,
or barrel" was
opened in presence of the commissioner in search
Thus
of concealed books.
the whole importing commerce^of
whose officials
Spain passedthroughthe hands of the Inquisition,
employed in the business were unpaid,except by the fees which
they could exact from merchants,leadingto interminable squabbles,
insufferable delays and grievousimpediments to the commercial
which

of the nation.
activity

suffered

It evidently
was
especially.
restricted as far as possible,
and

trade in books

The

garded
re-

was
thingto be
subjectto any capriceof the authorities. In the sixteenth century
sometimes sent to special
orders were
portsto forward all packages
this was adoptedas a universal
of books unopenedand finally
rule,the whole foreignbook-trade thus passingthroughthe hands
of the Suprema. A carta acordada of June 17, 1666, complains
as

of the inobservance

of these

the commissioners

which
instructions,

must

be

obeyed

at all the

ports;the carriersmust be bound

under a penaltyto return,within a fixed time,the receipt
of the
secretary of the Suprema, and a separateletter of advice must

by

inform

the

Suprema who he
is accustomed to lodge.2 No
which

was

subject to

Schafer, Beitrage,II, 359.

Archive

is and at what

tavern

trade could be

carried on
profitably
costlyinterference,

such

de Simancas, Inq., Lib.

vexatious

and

940, fol. 11, 19." Archive

Inq.de Valencia,Leg. 10, n. 2, fol. 71.

in Madrid

hist,

he

national,

CHAP.

SUPERVISION

IV]

OF

BOQK-TEADE

507

while the

the tribunals for their

Suprema was constantly
scolding
negligence.
How
their ignorant scrupulousnessaffected trade may
be
in 1666.
at Barcelona
A bookseller
guessed by an incident occurring
of copiesof a book
of that city imported a number
just
in
printed Lyons a PharmacopoeiaMedico-Chemica,
by Johannes
furt
M.D., Physicianin ordinaryto the Republicof FrankSchoderius,
a/M. In the Index of 1640, the inquisitors
found, among
the name
of Joan. Schroderus,
authors of the firstclass,
qualified
German.
Luther.
et
as "Philosophus
Theologus
August.'Confess./'
"

all of

whose

works

condemned.

were

They seized

the Pharmacopoeias

and reportedto the Suprema, which ordered a copy forwarded.

It was
duly submitted to calificadoresand five months
afterwards

the tribunal

was

notified that

the

books

be

might

delivered to the owner.1

The internal trafficin books wastrammelled
In 1645 the Valencia

tribunal was

licences to take books to Castilewithout

While their departurewas

Suprema.2

by the closest supervision.

instructed to issue

formal order from

thus

no

the

closelyscrutinized,
a

their

from
as appears
arrival,
in 1665, of Juan Antonio Bonet,bookseller of Madrid,
a petition,
that,in 1663, he had forwarded to Miguel Paysso,
representing
which the Barcelona
a bookseller of Barcelona,certain books,among
tribunal found and seized a copy of the works of Quevedo,
as it was
in two volumes, which he prays to be released,
printed
in Madrid, where it enjoyed free circulation.3

requiredon

second inspection
was

It

the

was

going to
to

same

with

Canaries

the

in

commissioners
them

pass

if there

exports.

In 1573 the books

requirea specialorder
Seville,Granada,
were

none

of

from

C6rdova

and

prohibitedamong

some

frailes

the

Suprema
Badajoz to

them.4

The

instructions of 1707 providethat,when books are to be exported,

to be submitted to the revisors that they may
are
lists of them
unknown
to them
and thus
or are
that are prohibited
requireexamination.5 A transaction in 1788 shows that a special

retain any

requiredfor each shipment of books to the colonies,

that the examiroyal order of August 8, 1807, prescribed

permitwas
and

1
2
3

Cartas,foL 147, 162 (MS. of Am. Philos. Society).

Archive hist. naeional,
Inq. de Valencia,Leg. 9, n. 3, fol. 63.
Lib. XIII de Cartas, fol. 29 (MSS. of Am. Phil. Society).
Libro XIII

de

Archive

de Simancas, Inq.,Lib. 940, fol. 23.

Archive

hist, national,Inq. de Valencia,Leg. 374.

[BOOK

CENSORSHIP

508

VIII

by the commissioners of the

conjointly
of the juez de imprenthe royalrevisor and a delegate
Inquisition,
made

be

should

nation

in transit

books

fas.1 Even

learn

as we
Inquisition,

the

subjectto

were

when,

in

1560, some

the watchful

that had

eye

of

belonged
and

shippedthroughSpain to Venice^ were

in fact were
Books
regardedwith almost
investigated.2
diligently

to

Cardinal Pole

were

dangerous of all articles of commerce,

and the more
thoroughlythat Spain could be preventedfrom
lands,the
thinkingand doingin foreign
were
knowing what men
for society.
safer it was
fear,as the

insane

an

most

well adapted to
were
adopted for importations
regulations
The
ment
requireprotect the Spanish intellect from such dangers.
to
of sending all packagesto the Suprema unopened seems
The

onerous.
abandoned, but other obstacles were sufficiently
not
was
books, with which the commissioner of the Inquisition

have been
All

acquainted,had to be
Suprema for decision.

submitted

to calificadoresor

sent to the

the
books, especially
foreign
new^ones,

As

this category,the consequent delays and the risk of

dering
exposed the importingbookseller to hardshipsrenprohibition
under

came

trade almost
of

bookseller

of

Morale

Thus,
impracticable.

Valencia, imported
It had

Pierre Nicole.

to

in

1772, Pierre Crozier,

of the Essais de
copy
Sube referred to the prema,

which,by letterof August 29th,ordered it to be examined

reportedupon. After the lapseof four years we find Crozier

stillbeggingthe tribunal to decide whether it will be permitted,
well as copiesof the Discours de Fleuri and the Histoire de la
as
he asks permission
to sell
If prohibited,
Bible of Royaumont.
and

them

to some

one

who

holds

licence

or

to return them

to France.3

longerhe had to wait we can only conjecture. These

of
aggravatedby a regulation
impedimentsto importationwere
a licence before a new
the Royal Council,in 1784,requiring
foreign
on
book could be exposed for sale and, out of the small number
How

much

the dealer could venture

which

applyingfor
censor

if the

a
a

licence

to

try the market, he had, when

to give two copiesand to pay the examining

licence,
with the prospect that
real per sheet for readingit,
was

obtained,the Inquisition
might subsequently

prohibitit.4
1

MSS.

17, n.
a
8

of Am.

Pbilos.

Society.
"

Archivo

hist,

national,Inq. de Valencia,Leg.

3, foL 23.

Inq.,Sala 40, Lib. 4, fol. 240.

national,Inq. de Valencia,Leg. 47.
Alcubilla,C6digos antiguos espafioles,
pp. 1582-86.
Archivo

de Simancas,

Archivo

hist,

CHAP.

IV]

The

SUPERVISION

books

seized were

is revealed in

ten

the

Suprema

Madrid,under

years

509

detained by the tribunals,

and their fate
to return

of the LetiresPromndales

copy

send to

IMPORTS

letterfrom that of Valencia,

July 28, 1798,in

to orders from

Soria

OF

seal,the books

before)by Don

Pedro

Don

to

in four

Joaquin
languages,and

broughtfrom

Antonio

answer

Josef

Holland

Casas.

The

de
to

(some

tribunal

explainedat much lengthits inability

to comply. The
practice
of entering
the name
of the owner
in books seized is recent.
The
of prohibited
accumulation
books is large,
in
the
and
which
room
most

of them

that in

are

stored is

hot and

so

so

infested with book-worms

is piercedthrough and through. If

a book
fortnight
those of Casas were
placedthere or leftin their boxes there would
not
be a leaf remaining. Besides,a bookseller was
formerly
to
he
dust
and
carried away
come
employed
monthly
them, and
all that he wanted, as appeared in his prosecution
that charge
on
in 1789.
This explainswhy only a portionof Casas's books can
be found; as to Soria's Lettres Provinciates,
two
copiesof that
a

edition have

been

found, but

was
Verily,the Inquisition

each

has

different owner's name.1

the

grave-yardof books.
The outbreak of the French Revolution brought fresh activity
ture.
and redoubled watchfulness for the exclusion of dangerousliteraPolitics and religion
and
were
inextricably
intermingled,
the revolutionary
propagandawas as much dreaded as the religious
had been in the sixteenth century. In 1792,the Suprema ordered
the introduction
zealous in preventing
all the tribunals to be especially
of the

books,which the

for the purpose of

and the monarchy. With

specialexamination
Wherever

there

was

French

were

nating
dissemiindustriously

rebellion and imperilling

religion
exciting
this it circulateda royalorder commanding
of books and papers from foreignparts.

custom-house, there

appointed,one royal and

examine
togetherall books

the

and

were

two

who
inquisitorial,
papers arriving.These

other

revisors
were

to

were

to

parts;those allowed currency and unknown

works
on
history and science,which could be delivered to the
those included in the Index, to be retained by the inquisitorial
owners;
t
o
and suspected, be kept by
revisor,and those unknown
the royalrevisor,until the king'spleasurecould be ascertained.
be divided into three

Thus

the forces of the State and

togetherin
1

defence

the

of the faith and

were
Inquisition

of the

crown;

marshalled

unfortunately

Archive hist, national,

Inq, de Valencia,Leg. 4, n. 3, fol. 163.

[BOOK

CENSORSHIP

510

they did

not

VIII

tions
harmoniouslyfor,in 1805 these instruc-

always work

reissued with urgent appealsfor cordial cooperation.1

exhortations
be useless to follow in detailthe numerous

were

It would

In spiteof precautions,
vigilancein the succeedingyears.
and embodied
foreignideas drifted through the custom-houses

to

in the Constitution of 1812

themselves

the
under the Restoration,

came

reaction

of importations
was
supervision

In 1816 a question
arose
to the Inquisition.
exclusively
de Imprentasand the revisor
functions of the subdelegado

confided
to the

as

the

and, when

VII

Fernando

Real,when

tribunals to decide what

decided that it

alone
pertained

to the

houses,
books should pass through the custom-

was
and that their permission

necessary.2

importationof books
If these efforts to control the legitimate
ment
unfortunate influence on the intellectualdevelopexercised an
the
from
likewise
its commercial interests suffered
of

Spain,
adopted to prevent the smuggling of the dreaded
precautions
the Visitas de Navios,which
known
as
literature. These were
men,
rendered the portsof Spain an objectof disliketo all merchantof native or foreignorigin.Their systematizawhether
tion is attributableto the Protestant scare of
deemed too radical which should serve
were

1558,when

no

means

to defeat the propagandist

and their heretical

ascribed to the Spanishrefugees

energy

allies.

anchor, before it could break cargo, it was

of various jurisdictions"
health,
visited by the representatives
When

and

war

vessel cast

customs.

the

under

name

Subsequentlyhealth
of

almirantazgoand

and

war

there

was

were

combined,

added

visit

with his notary and

Inquisition,
were
As these officials
unsalaried,
they claimed to be
alguazil.
paid for their time and for the expense of a carriageand boat,
the crew
by fees exacted of the vessel. Then, after inspecting
and passengers and examiningany books belongingto them, 'a
landingof books.
guard was stationed to preventthe surreptitious
the commissioner
the cargo was
When
opened and
discharged,
inspectedevery package and, if it was a bale of books, of course
For allthis addieach one had to be compared with the Index.
from

hist,

Archivo

fol. 145.
2

the commissioner

"

nacional,Inq. de Valencia,Leg. 16, n. 9, fol. 1; Leg. 4, n. 3,

Toledo, 1805.
para los Revisores,
nacional,Inq. de Valencia,Leg. 17,n. 3, foi. 58,

Instruccion

Archivo

hist,

of the

CHAP.

IV]

VISITAS

tional fees
trade

DE

NAVIOS

511

the booka tax, not alone on

charged,constituting
in general,
on
commerce
mercial
deeplyresented by all the comthe opposition
lessened by the arbitrary
nor
interests,
was
were

but

methods

habitual with 'allthe officialsof the Inquisition. Complaints

of abuses

while,on
machinations

became

the

other

loud

and

all the

ports
sea-

the

frequentreportsof heretical
exhortations from the Suprema for

hand,

led to constant

from

numerous

increased vigilance.
Some

feeble

there

was

have

meals

salutes
with

attempts were

check

to

In

abuses.

1602

that visiting
officialsshould requireto
prohibition
served, should placeguards, or insist on having

fired;in 1606 it was

notaries

them

made

or

forbidden for commissioners

familiars who

to take

merchants, and

were

who

thus learned the nature

of the cargo and had opportunities

to buy
attention was
paid to these reforms.1 Then, in

but no
sell;
1607, a royalcedula providedthat commissioners
to

or

should

levy no

fees for

visiting
ships,and this was repeatedin 1610, but these
commands
were
disobeyedon the pleathat they passedthrough
the Council of Castile and not through the Suprema, wherefore,
the latter

as

said,the commissioners

bound

were

to

obey them

but not to execute -them.2

effect of
called to the injurious
royalattention was finally
and, in January, 1632,a c4dula
system on Spanish commerce
in which the king
of the sea-ports,
sent to the corregidores

The
the
was

stated that he had

been

informed

that

the

continual

vexations

from
Spanishports,arising
officialsvisiting
their ships
the abuses practised
by the numerous
of the
had not only been the cause
at their arrival and departure,
for every vessel
but of its total destruction,
decline of commerce
that the extortions and
visited by so many
was
jurisdictions
increased of late. He
impositionswere
great and had much
could be
therefore obligedto enquirewhat proper methods
was
adopted to encourage trade on the part of both natives and
the necessary visitsand precautions.
without abolishing
foreigners,
There followed a list of searching
questionsas to the number of
fees,methods, etc.,with a request for suggestions.
officials,
visits,
Although directed nominally to the abuses of all the jurisdictions,
inflicted on

Archive

those who

came

to trade at

hist,national,
Inq. de Valencia,Leg. 10,n. 2, fol. 193." Bibl. nacional,

MSS., S, 294, fol. 50.

2
de Simancas, Inq.,Lib. 26, fol. 37;
Archive
fol 2.

Lib. 43, fol. 315; Legajo 1526,

CHAP.

IV]

zealous
this

on

VISITAS

of
discharge

NA

their duties.

VIOS

As

513

there is

king apparentlydid not press

bittereststrugglewas
that carried

than

more

hundred

As

years.

one

The

system had

been

scarce

the matter.1

by Bilbao
busiest ports of

of the

Spain,it naturallyrecalcitratedagainstthe
trade.

endorsement

no

the
consulta,

Perhaps the
for

DE

on

burdens

laid upon

its

fairlyorganizedwhen, in

to the Suprema of extortionate

1560, complaintsalready came
fees.
Bartolome
de Robles, a bookseller of Alcala,
illegal
representedthat he had importedthrough Bilbao forty bales of

and

books, which
had all been

forwarded

were

duly examined

real for each seal and

one

in

lot

one

by

muleteers; they

ten

and

the commissioner
sealed,
charging
in
of
for
certificate
then, place givingone

lot,he made out fortycertificatesat four reales apiece. The

Suprema forwarded this to the tribunal of Calahorra (Logrono),
with a table of fees,
commanding that allexorbitant charges should

the

be returned

to it for distribution to the

parties
aggrieved.2It
not
alone the booksellers,
in general,
who
but merchants
was
suffered from the opening of their packagesand the fees charged
on
ant
each,and the shipmastersexposed to the extortions attendthe visits. The

upon

well

organized,having a
with
their

made

Fiel

mercantile

de Contratacion

Casa

executive

or

heard
grievances

a Prior
officer,

and

tribunal,in 1561, which was

in
with another agreement made
which

all fees

were

of Bilbao

to

not

observed; it
and

1567

reached
the

was

They
with
same

yet another in 1576,

this the Contratacion

To enforce

abolished.

was

merce,
regulatecom-

Consuls.

and

compromise was

the

under

community

agreement in 1577, confirmed

by the Suprema, by which the commissioner received fiftyducats
a
year in lieu of all fees,except two reales on each package of
books, the examination of which was admitted to be laborious.3
Trouble soon
recommenced; in spiteof repeatedexhortation to
moderation
by the Suprema, fees were levied on every package
in
brought suit,resulting

cask of merchandise.

and
fees

in
the
was

was

The

an

publishedFebruary 18th,but

1609, Bilbao

sent

received

strong remonstrance

great;it always had been and

be

abolishing

attention

false;the labor
paid by fees,which
be

Simancas,Inq.,Lib. 24,fol. 13.

Archive

Ibidem, Lib. 80, fol. 1.

Ibidem, Lib. 25, fol.116-17';Lib. 43, fol. 131, 201,297.
in

33

and,

king,to which

VOL.

must

no

to the

assertingit to
Logrono tribunal replied,

de

of 1607

royal cedula

VIII

[BOOK

CENSORSHIP

514

at Bilbao where
especially
always the subjectof contention,

were

Then
priorand consuls to defend the merchants.1
fees,which received
the royalcedula of 1610, againabolishing
came
attention than the previousone.
no
more
In February, 1612, the Suprema wrote to Logrono that great
from Bilbao,
complaintscontinued to come to the king,especially
and it suggestedthat an increase in the fiftyducats might be
obtained in lieu of fees. Acting on this,a formal agreement was
the annual
signedin July and confirmed by the Suprema, raising

there

were

the two reales on book packages

reales,
observed by the
being retained. It is not likelythat this was
commissioner
for,in 1616, at the request of the merchants and

payment

to two

thousand

a return
shipmasters,
scale was
agreedupon.

was

made

to the fee

system and

scale,however, did

definite

long content
reachingthe Suprema
the commissioner for,in 1631,the complaints
in which its fiscal admitted that
led it to make
an
investigation,
the excessive fees and vexations were
leading shipmastersto
those ports,especially
Bilbao; the fees exacted were fifty
abandon
per cent, greaterthan the agreedscale;vessels bringingfish were
fish out of each barrel,
compelledin addition to give so many
time the existing
and the delays were
damaging. At the same
He
was
highly commended.
commissioner,Pedro de Villareal,
had merely acceptedconditions as he found them established by
his
and

his
predecessors;

term

This

of service extended

subsequentlylooked

was

back

upon

as

not

from
a

1625

to 1662

halcyon time

of

peace.2
This

came

to

an

end, in 1663,with the appointmentof

commissioner,the Licentiate Domingo de Leguina,whose

new

sive
exces-

exactions and

methods
excited the bitterestdissatisfaction.
arbitrary
One thingwhich was the subject
of especial
complaintwas
of
in
merchandise
in
the
warehouses of the
that, place examining
he insisted on
consignees,
opening the packages on the quay,
the contents,which were
thus
cuttingthe cords and scattering
subjectedto theft and to the vicissitudes of the weather; he even
bored holes in casks of tar and exploredthe interior with a stick
in the search for hidden books.
Commerce
on
a largescale could
be conducted
under such conditions,
the prosperity
of the
scarce
enkindled
on both sides were
threatened,
portwas seriously
passions

Archive

de

Simancas,Inq.,Lib. 43, fol. 120; Leg. 1526, fol. 7.

Ibidem, Leg. 1526, fol. 2, 7, 17; Lib, 45, fol. 151; Lib. 38, fol. 78.

CHAP.

and

IV]
a

AS

VISIT

DE

NAVIOS

controversyof the fiercest kind

Sefiorio of

Biscaytook sides with

to
forcibly

the

51 g

raged

the merchants

for

years.

and

The

represented

absurdityof ruiningcommerce
queen-regent
and risking
with foreign
nations on the pretextof
complications
the
preventingthe smuggling of prohibitedbooks, considering
risks attendant on the attempt and the lack of purchasersfor
them if successful,
in a community so ardent for the faith.1
Both

the

sides resorted to extreme

in 1667 ordered

the merchants

The

measures.

Contratacion

with
fees;the tribunal,
the approval of the Suprema, ordered Leguina to collect them;
he seized goods and sold them
by auction;he prosecutedsome
of the merchants

and

not

to pay

compromised

with

them

for money;

the

Englishand Dutch ambassadors intervened with protestsagainst

the disregardof treaty stipulations;
the queen-regentannulled
the decree of the Contratacion
forbiddingthe payment of fees,
and against
this the Senorio of Biscay,in a solemn assembly,
violation of the fueros,
November
and
a
as
7, 1668, protested,
their payment; if attempts should
adopted a decree prohibiting
be

made

to collect them

a Junta General
failed,
measures.

declared to

it would

would

resist and, if other remedies

be assembled to determine

on

further

Meanwhile, any secular officialassisting

Leguina was
be disabled for insaculation in the choice by lot for

publicoffice. This decree was publishedin Bilbao to sound of

and Leguina could
with generalpopularrejoicing,
and fife,
drum
his notary being
find no officialto assisthim in his work, even
for an office to which he aspired. Then the Council
disqualified
of Castile intervened May 15, 1669,with an order to Leguina to
ships,an action probablyinduced by a
levy no fees for visiting
dor,
forcible protestfrom the Earl of Sandwich,the Englishambassawere
in which the exactions of the commissioner
represented
as

infractions of the treatiesof 1665 and 1667.2

The serious character of the questions thus

on
impression

the court and led to

raised made

an

royal decree of July 19,1669,

informing the Suprema that the vexations and excessive dues

of Bilbao had aroused such
levied by Leguina on the commerce
ing
must be taken to avoid greaterevils,
by removhatred that means
the officialsand
their duties without

Simancas, laq.,Lib, 43, foL 68, 120.

25, fol, 1, 52, 82; Lib, 43, fol.142,174, 187; Leg. 1526, fol

Archive

Ibidem, Lib.

de

them with others who would perform

replacing
arousingcomplaints.An immediate answer

6.

VIII

[BOOK

CENSOESHIP

516

requiredto this,but the Suprema waited until December

that Leguina
23d and then repliedin a long consulta,insisting
that all laws or regulations
had been rightfrom the beginning;
of the Inquisition
were
invalid,and
the immunities
infringing
the mere
attempt subjectedits authors to punishment. As the
made
attack was
directlyon
immovable, an
Suprema was
of the Royal Council,
Leguina by a royal letter and provision
ships
January 22, 1670, orderinghim to collect no fees for visiting
When
this
had done.
his visits as Ms predecessors
and to make
served upon him he made an unseemly replyand stoppedthe
was
of the port until there were
eighteenshipswaitingto
commerce

was

To
cargoes.
of the king and

dischargetheir
in the

name

this,a solemn mandate

addressed to him,
queen-regentwas
overcome

and orderinghim to quit

his misdeeds
14th, reciting
kingdom or to presenthimself at court under penaltyof twenty

February
the

thousand

When

maravedis.

notary, on

this

was

served upon

February 23d, he reverentlyplacedit on

him

by

his head

and

day he served
the notary his declinatoria (denialof jurisdiction),
stating
upon
of
the
of
the
the
and
servant
that he was
Suprema
Logrofio
simply
he
had
with
the obligations
in which capacity
complied
tribunal,
and the Suprema had never
of his office,
broughta chargeagainst
the king to inform himself from the
him, wherefore he supplicated
Suprema as to the matters contained in these royalprovisions,
and to recognizethe
which had been obtained surreptitiously,
justiceof his reply and of his proceedings.1The authorityof
the Suprema evidentlywas
superiorto that of the king.
the queen-regent turned again to the Suprema,
Thus baffled,
with a decree of April1, 1670,in which she rehearsed the agreements
of 1561, 1567 and 1576 as providingthat no fees were
to
be levied;the visits must be made in the former fashion,
so as to
and
give no occasion of complaintsof the violation of treaties,
To this the Suprema replied,
Leguina must be removed.
April
the
of
the
the
resistance
of
on
Bilbao
visits;
24th,insisting
necessity
had proved contagious;
the other ports were
to pay fees,
refusing
said he

itas
respected

this would

and

the act of his

extend

king,but

to the whole

the next

monarchy; the labor had

to

had no funds for salaries. It

paid for and the Inquisition
further explainedthat,in view of the hostility
felt for Leguina,
the Logrono tribunal had replacedhim, on January 3d, by Joan
be

Archive

de

Simancas, Inq.,Lib. 43, fol. 174, 187; Leg. 1526, fol. 4.

CHAP.

de

IV]

VISITAS

DE

NAVIOS

517

Zabala,who

had found himself unable to act,everybody being

terrorized and refusing
to assist Mm, so Leguina had resumed
his
duties. Then, on February 14th the Council of State had intervened
allowed the eighteenwaiting
shipsto dischargetheir
which was
invasion of the jurisan
cargoes without examination,
diction
and

of the

and consequentlynull
Inquisition

FebruaryLeguina had
had
for

been

been

well received

by

afterwards it was

soon

replacedby

Don

the merchants"

learned that

who

Zubiaur,though he reduced
threatened and

he

weariness to follow in further detail these obscure

quarrelswhich

of

fallaciouswelcome

fees,could get no assistance;his life was

asked to be relieved on June 20th.1
be

the end

InigoZubiaur

the

It would

At

were

carried on

with

equal tenacity
by

both

sides.

Pedro de Irazagarria
commissioner,
Butron,was succeeded
de
who
little
successful as their
were
as
by Miguel
Jarabeytia,
At
predecessors.
length,on May 26,1680,the king sent to the
Suprema a protestfrom the Dutch ambassador as to the detention
of vessels and damage to goods for the purpose of extorting
illegal
fees. This was followed,
June 26th,by another from the ambassador
of France,claimingthat French vessels should be exempted,
and that only packages of books should be examined.
Then, on
the
from
ambassador,
English
September4th the kingtransmitted one
and accompanied it by a sharp message to the effect that at
it was
desirable to avoid givingjustcause
the moment
especially
of offence to England,and that a prompt remedy must be applied.
It was
not until October 22d that the Suprema replied,
insisting
new

of the visits;
more
upon the enforcement
the
other
of
of Bilbao than all
ports the

since these troubles

immense

began

the visits had

of books

numbers

entered the port

kingdom combined,and
books

been

so

impeded that

all the
filling
to embroil
Suprema was willing
than to spend a few hundred

of evil doctrine

were

publicand privatelibraries.2 The

Spain with half of Europe rather
its assertion
and equally reckless was
ducats in salaries,
in books at Bilbao. When, in 1648, it had
the commerce
for

the wsitas de

reportson

Commissioner

Villareal stated that

for eightyears.
made

to

1
2

At

none

books,except at

from

namos
no

all the northern

books

had

of the other portswas

San

where
Sebastian,

come

de

to

called

ports,

to Bilbao

there any allusion

it was
added that

Simancas, Inq.,Lib. 43, fol. 201; Lib. 25, fol. 129.

Ibidem, Lib. 43, fol. 201, 235, 270; Leg. 1526, fol. 30.

Archive

as

[BOOK

CEXSOESHIP

518

VIII

recall the forty bales imported in

we
they rarelycame.1 When
mate
estican
lot through Bilbao for Robles of Alcala,in 1561,we
one
in securing
duringthe interval,
of the Inquisition,
the success
the intellectualisolationof Spain and the flimsiness of the pretext
struggle.
based this prolonged
which was
on
Stillthe strugglewent on, stimulated by fresh protestsfrom
Suprema
ambassadors and met by^the
the Englishand French
assertions of the

vociferous

with

of heretical literature

masses

on June 12,1681,the corregidor

introduced into Spain. At length,
of the Royal
Juan Gonzalez de Leon, a member
of Bilbao,Don

in conjunction
judgein the Chancelleryof Valladolid,
with the General Deputiesof the Senorio,issued a proclamation
and
merchants
imposinga fine of fiftyducats on all shipmasters,
vincial
others who should pay the fees,thus unitingthe royal and proT
he
Suprema
authoritiesin resistance to the Inquisition.
Council and

met

this,July 17th,by orderingJarabeytiato collectthe fees,in

evidence
-

he

if necessary

which

"

employ excommunication and collect

This
who impeded the Inquisition.

to

was

prosecutethose

to

accompaniedwith

declaration of war, but it was

not to seize
instructions that he was
was

secret

goods but to keep a record

of reaching
to lose no opportunity
for future use, and that he was
which could take the shape,
a compromise with the Contratacion,
in payment on every ship
of a lump sum
as formerly suggested,
at my
disposal
according to its tonnage.2 Here the documents
come

to

an

end, but there

basis,a compromise was

can

be littledoubt

reached,as

that,on

had

the Contratacion

such

some

shown

in gross, in the confidence

to pay a handsome
sum
willingness
that when the stimulus of fees for each package was
apparently,
a

removed, the examinations would

be nominal

and

sioners
the commis-

render their officea sinecure.

would

The

opposition
of the viceroyand the intervention of the Banco Regio prevailed
againstthe efforts of the tribunal. In 1819 it reportedthat there
trace of commissioners
ever
no
having visited ships,except
was
Barcelona

when

there

was

were

fortunate

more

Jews

on

made

were

the fees.3

Elsewhere, abuses

1
2
3

Archive

Bilbao.

board, and that

that visits

not

than

because
were

letter of 1677 showed

shipmasterswould not
rife. At C"diz,among

Simancas,laq.,Leg. 1526, fol. 17.

Ibidem,Lib. 43, fol.283,297,315,319,325; Lib. 26,fol.33.
Ibidem, Leg. 1473.
de

pay
sea-

CHAP.

IV]

VISITAS

DE

NAVIOS

519

faringmen, the Santo Oficio was generallyknown as the Santo

Ladronicio,
although there and in Malaga a judicioussystem of
which
removed
bribery was
of the impedimost
established,
ments
of commerce,
w
ith
the obstacles to the importation
together
of prohibited
books.1
I have met with complaints
about Valencia,
Alicante and other portsand, in view of the prevalence
of official
it may
be assumed
that at least many
commissioners
venality,
used their virtually
for profit
ting
either by omitirresponsible
power
it unduly onerous.
or rendering
supervision
In 1705 an
elaborate digestof all previousinstructions was
sent to the tribunals with orders to impress
their commissioners
upon
the necessity
of constant vigilance
to prevent the introduction
of prohibited
books; not only were bales,
hogsheads,casks,
packages and especially
packisof playingcards to be examined,
but the chests and beds of the sailors,
yet the utmost tact and
the repugdexteritywere to be employed,so as to avoid exciting
nance
feltfor these visits. If any

sioners
controversy arose, the commis-

but the matter was

to be
proceedjudicially
referred directly
to the Suprema.2 In 1742 and 1764, there were
rules and fees,which have interest
royalorders issued prescribing
the
over
only as showing the control acquired by the crown
Inquisition.
In 1801, the Suprema called upon the tribunals for information
were

as

not

to details and

to

fees,the

answer

to which

from

Valencia

indicates

purelyfinancialview of the matter entertained by the officials.

Since the royal orders of 1742 and 1764, it said,and for many
visits had been made, because the fee for large
no
years previous,
vessels was
eightreales and four for small ones, while it was
the cityto the Grao and a boat
to hire a carriagefrom
necessary
to the ship,so the cost was
greaterthan the gain. In Denia the
but for many
years they had
visitshad been performedanciently,

the

been

abandoned.8

simplyan impostlevied
from foreign
on ships
parts. The
for the benefit of the Inquisition
of the Inquisition
by the C6rtes of Cadiz, in 1813,
suppression
that at almost all the sea-ports
followed by a decree stating
was
as
collected for the Inquisition
a fee known
of Spain there was
In

fact,it had for the

1
2

most

part become

Bibl. national,MBS., S, 294, fol, 50, 132.

national,Inq. de Valencia,Leg. 10,n. 2, fol. 193.

Ibidem, Leg. 4, n. 3, fol. 243.

Archive

hist,

CHAP.

The

IV]

LICENCES

521

restrictionswhich censorship
imposed

ture
learningand culrelieved by the licences which were
were
slightly
grantedto
In the struggle
books.
with heresy,
possess or to read prohibited
its confutation requiredthat some
should be allowed to
persons
read the works
to

grant the

trusted.

in which

it

was

taught,and it became

to those whose
privilege

The

bull in Ccena Domini

all who

read

Lutheran

showing that alreadylicences

reserved to the pope.
of the curia,
to whom

on

were

customary

firmness in the faith could be

of Paul
books

III,in 1536, excommunicates

without papal licence,

issued and that the power was

and the officials
was
valuable,

This power
it was
were
confided,

subjectto temptations

not likelyto be resisted.

were
which, in that age of venality,
assumed
that this was
included in their
Inquisitors,
moreover,
faculties and undertook
to issue licences,
delegatedapostolical
of privileged
which nullified
leadingto a multiplication
persons
to some
edicts. To remedy this,in 1547,
extent the prohibitory

the

Suprema revoked all such licences and forbade their future

issue by the tribunals,
a
provisionwhich had to be repeatedin
1549 and 1551.1

This stillleftthe

papal licences in the hands of

those possessing
in 1550,
them, but these were similarly
annulled,
by Julius III,in a brief,from which we learn that papal legates
also issued them.2

again,and
They speedilymultiplied
of the Lutheran

excitement

the

of 1558

Suprema

took advantage

to procure

their withdrawal.

September 9th of that year to Paul IV,

and frailes kept prohibited
it represented
that many
prelates
books,
to surrender them on the
in spiteof edicts and censures, refusing
in view of the danger thence
plea that they held papal licences;
arisingto the faith,the pope was asked for a brief revokingall
such licences,
orderingtheir surrender under heavy penaltiesand
of transgressors.3
Paul did more
rigorousprosecution
authorizing
than merely respond to this petition.By a brief of December
21st,he revoked allpapallicences and then,by another of January
4, 1559, he committed the execution of this to Inquisitor-general
Vald6s, who printedit in his Index of that year.4
to
no
These briefs granted to the Spanish Inquisition
power
In its report of

Archive

de

Simaneas, Inq., Lib. 942, fol. 15;

Lib.

iii in EymericiDirector. P. n.
Pegnse Comment,
2
SeptimiDecretal,Lib. v, Tit. iv,cap. 2.
3 Archivo
de Simancas, Inq.,Sala 40, Lib. 4, fol. 231."
4
Reusch, Die Indices,p. 212,

79,

fol.

17, 164."

See

Appendix.

Of.

[BOOK

CENSORSHIP

522

this reserved to the

was
jealously

So

issue licences.

VIII

Holy See

licence to Inquisitorthat,in 1574, Gregory XIII gave a special

it to members
of the
generalQuiroga,with a facultyto extend
of

heresy.1 This
to the Society
with the favors shown
caution contrasts strangely
granted to the
Pius V, while yet inquisitor-general,
of Jesus.
confirmed,viva
to issue licences;this was
Jesuit General faculty
firmly,
votis oraculo,
by Gregory XIII and, to establish it more
asked to embody it in a brief which he did, January 9,
he was
or other penalty,
them from any censures
releasing
1575, moreover

Suprema, in order

enable them

in
inflicted,

whomsoever

by

to

effective. Under

concession

of the edicts of the

In 1584
its jurisdiction.

we

so

to decide

far

cases

necessary

as

to

this the Jesuits claimed

render

the

to be independent

but it asserted
SpanishInquisition,
find Padre Mariana applyingfor and

to read certain
through the Toledo tribunal,
obtaininga licence,

withdrawn the same

was
books
a licence which
year.
specified
its action when, in 1587, it learned that
was
Stillmore
aggressive
and the
books had been received by the Jesuit Provincial,
some
Suprema sent listsof them to the tribunals of Saragossa,Seville
"

with orders to examine

and Valladolid,

them

and detain such

as

repeated in
they deemed proper. This assertion of control was
1602,when the Murcia tribunal was instructed to examine certain
books

the

belongingto

Jesuits and

to

return

them

if found

unobjectionable.2
The

earliest formal

to issue licences would

to the

grant of power
appear

to have

Spanish Inquisition

been made

by Paul V early

in the seventeenth
Index

The

3, 4, 5 and
but

but ithad been exercised longbefore.

century,3
of Quiroga,issued in 1583, in its preliminaryrules
that inquisitors
can
8, assumes
grant written licences,

this power

was

held

and
subjectto the inquisitor-general

Suprema for,in the orders accompanying the distribution of the

as a necessary
Index,consultation with them was prescribed
liminary.4
preFrom
of
the
it
some
would seem
examples
period
that only special
and not generallicences were
granted,and that
much
used with regardto them.
was
Even Philip
circumspection
1

Archive

Alcala*,
Hacienda,Leg. 5442 (Lib. 10).
Liters Apostolicae
Soc. Jesu,pp. 137-41 (Antverpise,
1635)." BibL Vaticana,
MSS. Ottobon. Lat. 494, p. a" Archive de Simancas,Inq.,Lib.
940, fol. 15, 16,
de

jt-ij
8
4

13.

Manuale
Alberghini,

Qualificatory
p.

Reusch, Die Indices,

pp. 382-3." Archive

132.
de

Simancas,Inq.,Lib. 939,fol. 127.

CHAP.

IV]

IV had

LICENCES

523

about 1640,he
generallicence until,

no

that he had
general Sotoma*j;or

been

wrote

amusing

to

Inquisitor-

his leisure with

Guicciardini's History,until he was

told that it was
He therefore asked for a licence to read it and other

prohibited.
prohibited

books

not

treatingof

not

licenceto read them.1

in

1614,to

books

Padre

of

faith,for he would
curious partial
licence was

matters
A

Gullo Sabell

in the

one

accept

granted

(WilliamSaville?)to read Catholic

English tongue apparentlythe language sufficed

to render them prohibited.2
The tendency of the SpanishInquisition
to assert its independence
of Rome
in matters of censorshipwas
manifested
especially
with regardto licences. When
in 1622, Gregory XV and, in 1631,
Urban
the Suprema declared that it
VIII, revoked all licences,
not the papal intention to interfere with the licences granted
was
in force.3 The
and that they remained
by the inquisitor-general,
next step was
to invalidate all papal licences and accordingly,
January 18, 1627,the Suprema presenteda consulta to PhilipIV,
that many
in Spain obtained them, and
representing
persons
him to order his ambassador
to urge the pope
not
supplicating
it was
deemed
to grant them, adding that meanwhile
necessary
edict annullingthem.
to issue an
Philipwas not prepared to
sanction so flagrant
assault on papal authority,and replied
an
that he would ask the pope to transmit them through the inquisitor-gen
vation
but that,until the answer
was
received,no innotook advantageof the request
must be attempted. Urban
"

to assert his supreme

authorityin a manner
had not bargained,for he annulled all

those issued

by

the

for which

the

Suprema

both papal and

licences,

the only exceptionbeing

inquisitor-general,

himself.
As all the bishops
inquisitor-general
could
ordered to publishthis brief,
the Inquisition
in Spain were
Cardinal Zapata
not suppress
it,however
humiliatingit was.
the surrender
accordingly
publishedit,February 21, 1628, requiring
and
of all licences within twenty days,under heavy penalties,

the

held

one

by

the

he issued his Index

when

of 1632

he included

in it the brief and

his edict.4
Urban

Cardinal
pursued his victoryby instructing

Melliiu to

Simancas, Inq.,Lib. 940, fol. 10, 11; Lib. 21, fol. 303.
Ibidem, Lib. 940, fol. 18.
8
MSS. of Royal Library of Copenhagen, 218b, p. 332.
4
of Zapata,ad
Archivo
de Alcald,Hacienda, Leg. 544s (Lib. 10)." Index
Bulario de la Orden de Santiago,Lib, v, fol. 12. Bullar. Roman. V, 220.
cakem.
1

Archive

de

"

"

VIII

[BOOK

CENSORSHIP

524

6, 1628, to Zapata defininghis authorityto be

write,December
that of grantinglicences to learned persons who furnished security
to be
they wished to combat heresy, but the licences were
to show to the Inquithe recipients
sition
limited in time,and to require
for no
was
a
failure,
what they wrote.1 This however

that

paid to the prescribedlimitations.

and
finally
continued its independent course
The
Inquisition
the tribunals
to a certain degree,by instructing
carried its point,
not to be
to them, they were
that,if papallicences were presented
for
admitted,but were to be forwarded to the inquisitor-general

attention

to have

seems

been

his action.2
the close of the

Towards
us

that

licences

eighteenthcentury,

difficultto obtain.

were

When

Llorente

tells

application
as to
inquiries
he
favorable,
an

instituted secret
made, the inquisitor-general
the character of the applicant
and, if the result was
requiredto state his objectand the nature of the works that
was
it was
limited to
if the licence was granted,
he desired to consult;
was

of books in a definite branch .of literature;

number
specified
permissionto keep them was rarelygranted,and all licences
such as the writings
exeeptedworks directed againstCatholicism,
a

Doubtless
philosophers.3

of modern

this strictnessmay

be true of

varied accordingto the temper of

times,but the practice
the inquisitor-general
or
Suprema. There sometimes was great
in 1747,by Prado y
if we may
believe the reasons
alleged,
laxity,
for he says that on investigation
Cuesta,for revokingall licences,
of learning,
but
not soughtby men
he had found that they were
idle curiosity;
by the frivolous of both sexes to gratify
many
verbal
read
to
book
made
and
a
a
merely
single
request
persons
allthat they wanted,while others,
extended the permission
to cover
certain

seeingthat ignorantpeoplewere licensed,

thoughtthat the privilege
of
it
and
availed
themselves
without
was
general
asking.4
were
so restrictedin character
Licences,
by no means
moreover,
as

Llorente asserts.

and Beltran
Council of
and
1
2

3
4

cover

Some

issued by

Bonifaz
Inquisitors-general

all prohibited
books,except Machiavclli,
Sarpi's

the Catholic religion

and obscenities,5
Trent,works assailing
we

Archive
Archive

have

seen

that

houses generally
and
religious

de Alcald,uH sup.
hist, nacional,
Inq. de

even

Valencia,
Leg. 15,n. 11, fol. 30.
Hist, crit.,
Llorente,
Cap. xii, Art. ii,n. 12, 13.
Edicto de 13 de Henero de 1747 (MSS. of David Fergusson Esq.).
Birch,Catalogueof MSS. of Inq. of Canaries,II, 940-1.

CHAP.

IV]

PENALTIES

individualsheld
occasionally
from

525

licences enablingthem

estates considerable miscellaneous

to

purchase

prohibitedbooks,
possessionof which,by deceased scholars,
shows that they too

the

lots of

have

must

enjoyedsimilar privileges.
Prom the very numerous
for licences made
about
applications
this time it appears that they were
addressed to the
customarily
which
referred them
to the appropriate
tribunal for
Suprema,
and the judgement of the applireport as to the age, the learning
cant.
Under
the Restoration this inquirywas
extended
to his
moral and political
conduct, showing that discrimination was
in favor

made

of those

whose

conservative tendencies

were

approved.1
We

have

concerned

of
penalties

confiscation

death and

printing.With
had nothingto do, as its censorship
was
Inquisition
of
and its treatment
only with books after publication,

providedin
these the

the ferocious

seen

law

the

of 1558

violated its rules

those who

them

over
jurisdiction

for unauthorized

was

itallowed

much
no

With

moderate.

more

from

even
interference,

its

Rome,

because
indulgence,
for,about 1565, it suppresseda papaljubilee

books.2
it contained facultiesof absolution for keepingprohibited
threatened for reading,
In the Index of 1559,the penalties
possessing,
excommunication
books were
prohibited
selling
of
hundred
ducats and a menace
latce sent"ntce ipso facto,two
In the
of heresy and disobedience.3
for suspicion
prosecution

buying

or

individual books, there

edicts prohibiting
special
established formula.

no

excommunication
and
fine and

and

Sometimes

two

the

appears

to be

penaltythreatened

is

munication
ducats, sometimes excomcation,
excommunisometimes
discretion,

hundred

punishmentat

punishment at discretion.4

This discretion manifested itselfin a greatvarietyof penalties,

and severe, both as regardsreaders and booksellers,
moderate

though the

latter appear

commonly

to be the

harshlyvisited.

more

September 28, 1647, to Luis Sanaren,

rehabilitation
granted,

bookseller of
1

Archive

passim.
"

MSS.

hist,

Arehivo
of

infers
Saragossa,

that he

had

been

reconciled

and

nacional,Inq. de Valencia,Leg. 16, n. 5, 7, 8; Leg. 17, n. 4,

de Srmancas, Inq*,Lib. 559.

Royal Library of Copenhagen,218b, p.

214."

Archive

Inq.,Lib. 942, fol.23.

3
Reusch, Die Indices,p. 211.
4 Arehivo
hist, nacional,
Inq. de Valencia, Leg. 1, n. 4, fol.226.

de

Simancas,

[Book

CENSOE8HIP

526

deprivedof

VIII

bookseller

his civil rights.1Miguel Rodriguez, a

of

books,was sentenced,
prohibited
Madrid, for importingand selling
ad cautelam, certain
August 1, 1763, to reprimand,absolution
from

banishment

all costs of trial and

spiritual
penances,

Madrid

to be spent in an African
the firstthree were
his utter ruin.3 At Logrofio,
meant
presidio. This of course
de Nieva, for teaching in his professorial
in 1645, Fray Tomas
book, was condemned to grave reprimand
chair from a prohibited

for six years, of which

to four years'
to retract certain propositions,
colleagues,
of teachingand of voting
deprivation
and to perpetual
reclusion,
Don
Jacobo
and being voted for.3 On the other hand, in 1803,

before his

readingprohibited
Parga y Puga, for the inveterate habit^of
in
for
be
contempt
prohibited,
books, knowing them to
sentenced
was
of the Inquisition,
years of the authority
de

Maria

many

exercises
to
by the Madrid tribunal to fifteen days'spiritual
So, in
reprimand in the apartments of the inquisitor.4
a private
1816, the Suprema, actingon a sumaria, and without subjecting
sent to the Santiagotribunal a sentence
to a trial,
the delinquents
books and on Josef Manuel
for readingprohibited
Juan Romero
on
to present
and recommending them; they were
Garcia for selling
themselves before the nearest commissioner,who was to reprimand
of the offence they would
them that for a repetition
and warn
benignity.5
not be treated with the same
recent period,
until a comparatively
not
are
Cases of infraction,
and

the

frequent. After

Reformation

of the

excitement

to have

in Spain seems
intellectualactivity
such torpor that the forbidden fruit was

to

there

one

in the

record from

same

pressed,
sup-

been reduced

littlesought. In the

1575 to 1610 there is not

record from

Toledo

was

singlecase,

1648 to 1794."

nor

is

In the disturbance

and duringthe revolutionary

epoch,
thought,preceding
still
not
become
as
more
frequent,although
numerous
prosecutions
claimed
from
the
the
importance
by
tion
Inquisias might be expected
in
the whole of Spain,
1780 until 1820,
for itsservices. From
of

Simancas, Inq.,Sala 40, Lib. 4, fol. 177.

3
Ibidem, Lib. 565, fol. 394.

Archivo

Ibidem, Lib. 877, fol. 96.

Ibidem, Lib. 877, foL 239.

Don
to

de

records

of autos.

In the

Ibidem,Lib.

890.

Catalogue of Toledo

cases
are
prepared by
attributed
MiguelG6mez del Campillo(seeAppendix)there are thirty-four
five
Of
anterior
books.
to
then
there
are
these,
1575;
arc
none
prohibited

These

until 1771, followed

to have

been

by

pushed to

six between
a

that year

conclusion except

and

one

1794, but

which

was

none

of them

suspended.

seem

IV]

THE

SCKIPTURES

527

the total aggregate amounts

ing
onlyto three hundred and five. Durfrom 1808 to 1815, inclusive,
this period,
the Inquisition
was
in all,which
would
virtually
dormant, having only five cases
under nine.
leave,for the remainingyears, an average slightly
The crowdingof a hundred and one
into the six years, 1801
cases

the government
of Carlos
IV was endeavoring
to restrictthe press, and that there were
twenty
in 1819 is significant
of the agitation
leadingto the revolution of
to

1806,reflectsthe urgency

The

January,1820.1
of the

state and of the

the

slenderness'
of the whole record is the

which

success

attended the

combined

sure
mea-

action of the

in benumbingfor nearlythree centuries

Inquisition

Spanish intellect.

was
Althoughcensorship

and

with which

for

of heresy
institutedfor the suppression

keepingheretical books

its utility
it developed
in many
with its

primary object. It

incessant warfare

with

and

from
propositions

more
directions,
was

or

the

people,

less connected

inevitable that it should

the countless editions of the Bible

wage

with

triously
and we have seen how induscommentaries,
Valdes preparedfor Ms expurgatory Index of the Scriptures

Protestant notes and

however, the vernacular versions that

caused the greatestanxiety. Prior to the Reformation there was
in 1554.

It was,

restrictionon the circulation of the Bible in the

no
practically
vulgartongue. It is true that,in the early thirteenth century,
the struggle
with the Waldenses and the Cathari,who possessed
versions of their own, led to prohibitions
by Innocent III,in 1199,
and by Jaime I of Aragon in 1234,while the Council of Toulouse,
the possessionby laymen of any portion of
in 1229, prohibited
in Latin,as well as of the Breviary and Hours of
the Bible,even
because they contained extracts.
the Virginin the vernacular,
in the Corpus
embodied
The decree of Pope Innocent became
Juris and thus remained familiar to canon
lawyers;it was adduced
of 1494, but only in a kind of
in the Repertorium Inquisitorum
obiter dictum,showing that at that time it was
regardedas of no
Yet from the thirteenth to the sixteenth cenmoment.2
practical

nacional,Inq. de Valencia,Leg. 100.

2
stitutions
Innocent. PP. Ill,Regest.II,141, 142, 235.-" Lib. iv, Extra,vii,12." Conet
Durand
12.
Martene
Tit.
Lib. i,
Amplis.
de CathaLunya,
i, cap.
14 (Harduin.,VII, 178)."
Concil.
ann.
123."
Tolosan.,
1229,Cap.
VII,
Collect.,
1

Archive

hist,

"

s. Y. Scriptura.
Inquisitor,
Repertor.

CHAP. IV]

SCRIPTUKES

THE

providedthey are

529

printedalone but are

of edification.1 So unreasoningwas
works
there were
accordingto Azpilcueta,
earnest
vernacular

suppress

Ave

not

Maria

and

versions

the Salve

the

de Devotion

and

sermons

this

other

jealousythat,
desired to

who

men

Creed,the Paternoster,the

Regina, a zeal which

in 1674,when
expression,
Exercicios

of the

in

practical

found

Inquisition
a work
prohibited

because

it contained

tled
enti-

translations of

the

the Te Deum
and the Athanasian
Miserere,the Magnificat,
Symbol.2 The peoplewere to be kept in such profoundignorance
that the Sotomayor Index of 1640 prohibits,
not only the vernacular

Bible and allitsparts,but

of it and, as

though

classed with

was

the Koran

of
possession

which*

had to watch

not

in the

to render

was

only over

Indies,when

Propagationof

to be

the

Indian tongues and

Gospel had

missionary work

compendiums

and

in the Edicts of
it hateful,'
other

and

denounced

that

the

Faith,it
books, the

Mahometan
to the

its Spanishflock,
but

it found

was

summaries

even

It
Inquisition.3
over

its converts

EnglishSociety for

caused versions to be made

them
circulating

in America.

This

called for fresh exertion and, in

the

in the
pected
unex-

1710,

Ibanez on
congratulating
Inquisitor-general
watchfulness.4
his efforts and urging him to persistent
to have
This treatment
of the Bible seems
piqued the curiosity
Prado
of the intelligent
for,in 1747, Inquisitor-general
y Cuesta
complainsof the inordinate desire of many
persons to have it in
of the peopleit produced
the mass
the vernacular,but, among
tells us that they,
In 1791, Villanueva
the impressiondesired.
who once
regardit with horror and detestation;
sought it,now
ence.5
are
care
nothing for it and more
ignorantof itsvery existmany
Yet, within a decade of Prado's utterance, the policyof
the Church changed. Although,in 1713, Clement XI, in the bull
the use of the Bible by the laityas
had condemned
Unigenitus,
the Congregation
a Jansenisterror, yet, only forty-four
years later,
find Clement

we

XI

1757, conceded the use of vernacular versions,if

approved by the Holy See and accompanied with orthodox com-

of the Index, in

Reusch,

Azpilcuetsede Oratione,Cap. xxii,n.

p. 383.
.

104."

Archive

hist,

nacional,Inq.

Valencia,Leg. 1, n. 4, fol. 226.

3 Indice
de 1640, Regla 5." See Appendix to Vol. II, p. 588.

Also the later

Edict, printedby Llorente in the Appendix to his Hist. crlt.

4
Bulario de la Orden de Santiago, Lib. v, fol. 141.
8
Villanueva, op. cfl.,
Edicto de 13 de Henero, 1747 (ubi aup.)."
pp. 56,
VOL.

in

34

de

200.

VIII

[BOOK

CENSORSHIP

530

followed,in 1771,by a version of the Acts of

the Apostles
by Catenacci,dedicated to Clement XIV and, in 1778,
of a
by the brief In tanta librorum,in which Pius VI approved
translation of the whole Bible by Archbishop Martini.2 The
This

merits.1

was

Beltran issued
1782,Inquisitor-general
cause

had

existed for

causes

had

ceased

exceedingthe

and, in view of

In
papal^example.

the

promptlyfollowed
Spanish Inquisition

that ample
reciting
Tridentine rule,but these

decree

the usefulness of the sacred

text,

modified to conform to that of Trent,to the

In
of 1757 and to the brief of 1778.3
decree of the Congregation
1783 the Suprema ordered that the French version of Le Maitre
de Saci should be freelyallowed4 and, in 1790, there apppeared
in Valencia a completeSpanishtranslationby Scio de San Miguel,
the

Spanish rule

was

and repeatedly
reprinted.No such evils have
speedily
showing how much
dreaded for two centuries,
followed as were
wiser would have been the policyof meetingthe heretic Scriptures
which

with
The

was

comments.
version,fortifiedwith appropriate
arity
jealousyof admittingthe vulgar to too great a famili-

orthodox

an

same

with

devotion and edification. In 1570

recommended
inquisitor-general

printedin Romance.5
of
prohibition

regardto works
of the Suprema to

itselfwith

thingsshowed
spiritual
a

consulta

of
the

that the catechism should not be

1583, the
Christian repute,such
of the highest
Francisco
More, Ger6nimo Osorio,

In the Preface to

the Index

of

by men
Thomas
as Fisher of Rochester,
de Borja,Luis de Granada, Juan de Avila and others is explained,
partlyby books having been falselyattributed to them, partly
by occasional incautious passages, and partlyby their not being
works

vulgartongue. The case of the Obras

del Cristiano of St. Francisco de Borjais illustrative. In the Index
of 1559 it is simply prohibited.After his death, in 1572, as
General of the Societyof Jesus,Quiroga,in the Index of 1583,
fied
beatiadded
or other vulgartongue/' He was
only in Romance
in 1624, but the canonization proceedings
were
delayed in
of his book beingin the SpanishIndex and, in 1662,
consequence
fittedfor circulationin the

"

Bullar. Roman., VIII, 420." Index Benedict! XIV, p. vi.

Villanueva,op. cti.,
Prologo.
3
Villanueva,p. 95. Indice Ultimo, p. xvii.
*
Archive
hist, nacional,
Inq. de Valencia,Leg, 15, n. 11, foi. 61.
For a relaxation of severityas early as 1763 see Archivo do Simancas,Lib.
877, foL 96.
5
de Simancas,Inq.,Lib. 940, foL 18.
Archivo
1

"

CHAP.

IV]

EXTENSION

the Jesuit

to

as

he

was

JURISDICTION

Procurator-general
appliedto

the leaves of
so

OF

copy

the

remove

rubrito cate
Inquisition
Congregationof Rites,

the

send it to the

and

531

impediment,but it was

until 1671

not

that

enrolled in the catalogueof saints.1 The

finally
effort to
about 1620, in numerous
suppress mysticism manifested itself,
edicts to suppress books of mysticdevotion and lives of men
and
who evidently
women
mystics.
were
Books of ritual were
scrutinized with the same
captiousness.
June 15, 1568, the Pontificals printedin Duenas
and Valladolid
ordered
to be seized. In 1583 some
were
errors
pernicious
were
discovered in the Breviaryprintedin Salamanca,in 1575.
Even
books so elementaryas cartillas,
or
primers,could not escape.
A carta acordada of November
6, 1577,alludes to a previousone
of June 14th,orderingthe suppression
of cartillascontaining
an
article entitled "Castigo y doctrina de Caton."
Since then, it
goes

to say, there have

on

been

found

in other cartillas various

perniciousand contrary to the teachingof the Church,

in those printedby Juan de la Plaza in Toledo,wherefore
especially
in the shops and
all cartillas of every kind are to be seized,
in the hands of children going to school,and orders are consequently
given that no one, under painsand censures, shall hold,
matters

read, or sellthem.2
There
extend

Lateran

was

the
had

could not
little,
indeed,to which the Inquisition
of its censorship.The fifth Council of
jurisdiction
from
alluded to the danger to the publicpeace arising

libellous attacks

on

examination

of
licensing

and

individuals,as

purelysecular matter, and

books

one

before

of the

for the

reasons

but
printing,

the facultiesconferred

on

this

the

was

itor-gene
inquis-

of heresy. Clement
looked solelyto the suppression

VIII,however, in

his Index

of

of
1596,included,as subjects

demnation,
con-

and
or princes,
defamatory memorials againstreligion
this

opened the

way

to much

else.

It is true that

an

experienced
suppressed

that,althoughsuch writingcan be
by edict,it cannot be under pain of excommunication, but only
under pain of mortal sin,and that the Inquisition
as
a command

writer

cannot

assures

us

proceedagainstthe author

unless the faith is involved.3

Reusch, Die Indices,pp. 237, 380, 438." Archive hist, nacional,Inq. de

Valencia, Leg. 11, n. 1, fol. 170-1.
2
Archive- de Simancas, Inq.,Lib. 940, fol. 4, 15; Lib. 941, fol.4," Archive
hist, nacional,
Inq de Valencia, Leg. 6, n. 2.
3
MSS. of Royal Library of Copenhagen,218b,p. 323.
1

"

(Vol. I, p.

seen

condemned

some

of Granada

and

them

drawn

cautious in

His

attack

on

successor

conflict wherein

Universities

The

of

were

of the
prosecutions

commenced

up.
a

VI11

easilyoverpassed. We have
Pacheco, in 1623,
488) how Inquisitor-general
legalarguments in defence of the Chancellery

however,
limitations,

These

an

[BOOK

CENSO"SHIP

532

counsel who

Zapata,in 1627, was

the

was
Inquisition

not

had

triflemore
concerned.

Salamanca, Valladolid and Alcala united in

the Jesuits and

their

new

when
college,

the

that it was

the

ordered the paper suppressed

on
ground
Salamanca
came
and harsh in style. Then

tion
Inquisimous
anony-

forward

and

the Jesuit procurator still asked

acknowledged the authorship;
decided that it had not
Inquisition
but stillassumed
and withdrew the prohibition,
the calidad de oficio
PhilipIV was
authority to requirethe removal of asperities.
asked in what this
he favored the Jesuits,and
as
dissatisfied,
differed from others in which Pacheco had suppressedsimilar
case
papers.1
with the Carthusian
In 1687,the tribunal of Toledo,in a quarrel
house of el Paular, suppressedfour memorials of its adversaries
Lucas Antonio
to the king,and punished the printer,
Bedmar,
with four years'exile from Toledo and Madrid; the grounds alleged
untrue and defamatory
that they were
were
insulting,
scandalous,
of those mentioned
in them; there was
no
assumption that the
in any way
faith was
involved and it was
simply an expeditious
of
puttingan opponent out of court.2 Other similar cases
way
will come
before us presently
and meanwhile we may
observe that
there was
in matters
even
no
scruplein prosecuting
individuals,
with which the Inquisition
or
seeminglyhad no concern
diction,
jurisfor its

but
suppression,

in the

as

case

the

of

Fray Bonifaz

de San

Pablo, tried in

for attempting
to printa satirical
1791, by the Barcelona tribunal,
his

Carmelite

Order,and in that of Josef a and Jacinta

L6pez, prosecuted by Toledo, in 1797, on suspicionof having
characterized as"infamatoriosyheretipasquinades,
postedsome
cales."3 The powers
of the Inquisition
were
so elastic that they
included the privilege
of self-definition;
dared to call them
none
in question,
and it seems
have been invoked to supply any deficiency
in the ordinary machinery of justice"
or of injustice.
paper

on

Archive

MSS.

de

own

Simancas,Gracia y Justicia,
Leg. 621, fol. 64.
Library,Arch Seld. A, Subt. 13." Archive

of Bodleian

Inq. de Toledo,Leg. 1.
8 Archivo
hist, nacional,Ihq. de Valencia,
Leg, 100,

hist, nacional,

CHAP.

IV]

THE

Stillless concerned

REG

ALIAS

533

with

fieldin which
heresywas an important
the censorial functions of the Inquisition
were
employed by the
with the Holy See.
In the middle
crownT in its frequent'struggles
in many
the prerogaon
ages papal domination encroached
ways
tives
of the temporal ruler,encroachments
submitted to, with
less
more
or
resistance,
by the loosely
organizedfeudal monarchies.
As these,in the sixteenth century, transformed
themselves
into
it was
natural that they should grow restive,
and the
absolutism,
Reformation,which divided Europe into two hostile religious
who remained
faithful to Rome
camps, gave to those sovereigns
the opportunity of advancing their claims as the priceof their
by
sugport. The Spanish kings had always been distinguished
their resistance to papal pretensions
and though,throughoutthe
sixteenth century, they sternly
kept their peoplein the Roman
the regalias,
obedience,they were none the less resolute in asserting
which in many
conflicted with what
or
royal prerogatives,
ways
thence arising,
Rome
asserted as its rights. In the struggles
valuable assistance was
derived from the works of legists,
learned
in the imperial
and in the fueros,
and these regalistas
jurisprudence
obnoxious to the Holy See.
Rome
has never
became
especially
hesitated to use the powerfulaid of the Index in support of Ultraand prohibit
the
to condemn
care
montanism, and it took special
It was
for a temporalsovereign
bocks of the regalistas.
impossible
of works written in defence of his sovereignty,
to allow the suppression
at least for a time,willingly
and the Inquisition,
supported
but because it afforded the
in this,
not from loyalty,
the crown
its independenceof the
and maintaining
opportunityof declaring
and
of the Inquisition
Congregations

hated

of the Index.

Cano, in 1555, at the requestof Charles V, drew

the
with the bitterest invective,
in which he assailed,
up a memoir
and Paul IV summoned
of the curia,
him, as a son of
pretensions
sided with
the Spanish Inquisition
for trial,
to Rome
perdition,
the sovereignand did not put the obnoxious paper in the Index.1
When

Melchor

Melchor

Cano

was

but
forgiven,

of the chief of these

One

of dissension remained.

the

causes

the

exercised by the
jurisdiction
a long series of abuses,relief

was

papal nuncio, bringingin its train

*f
which was
by the recurso de fuerza}like the French
sought,
rom
d'abus,admittingappealsto the Council of Castile
appel comme
from
1

tribunals.
all ecclesiastical

p.
Llorente,Coleccion Diplomdtica,

3, 303,

The
10

curia claimed this to be

an

(Madrid,1809)."Reusch, Der Index,

[Boos: VIII

CENSORSHIP

534

and the
invasion of clerical
liberty,

over
struggle

it was

long and

with a dedication to
printed,
of an inquisitor,
a treatiseentitled
the king and the approbation
defendendis,"
arguingin favor
"Apologiade Juribus principalibus
in such cases, which excited no little
indignation
of the royaljurisdiction

Rome, where

in

and

Gregory XIV

Millino to induce
Nuncio

de Roa

Juan

In 1591

envenomed.

it

was

the Roman

PhilipII

Caietano

was

promptlycondemned
instructed
Inquisition

to follow this

ordered

example,and

and

burnt.

the Nuncio

the succeeding

to labor with the utmost

zeal

of the book obliterated. So far was he

the very memory
the work, and
did not censure
that the Inquisition
success

to have

from

Philiprewarded
deprivedby
was

to a prioryworth
presentation

of which he was
promptly
per annum,
the nuncio, on account of his unspeakablecrimes.
that Cardinal Baronius,in his Annals,
the quarrel

fifteen hundred

So bitter

the author with

ducats

of an historian as
forgotthe impartiality
indecent personalattack on Roa in his account
far

so

to introduce

an

of the Priscil-

that his volume

lianistsof the fifth century. This led to a rumor
whereat he comwould be condemned
plained
by the SpanishInquisition,
loudly,in a letter to Padre Antonio Talpa, inveighing

which
againstthe incredible audacityof the SpanishInquisition,
placedon its Index whatever it chose.1
It was
probablythis case that led Clement VIII, in the Rules
to his Index, which have been retained in all succeeding
prefixed
Indexes, to order the expurgationof whatever was contrary to
This did not
ecclesiastical
immunity, libertyand jurisdiction.
from defendingthe regaand theologians
prevent Spanishlegists
lias.
of
the most learned
About 1600, Henrique Henrlquez,one
Pontificis"
doctors of his day, produced his "De Clavibus Romani
de fuerza. By order
in which, like Roa, he maintained the recurso
1

Antonii Bibl. Nova, I. 589." Hinojosa,Despachos de la Diplomacia

Pontificia,
I,352-3, 373." Baronii Annal.,ann. 447,n. 8." Bibl. nacional,MSS.,
Me.

D, 118, fol. 30, n. 14.

Baronius,in his eleventh volume, which appearedin 1605,included a Tractate
offensive to Spanishpretensions. After
the Investiture of Naples,peculiarly
on
the death of Clement VIII (March 3, 1605)he had aspirations
for the succession,
but Spain exercised her rightof exclusion to his discomfiture. PhilipIII,by
edict of October 3, 1610,prohibitedthe Annals with the Tractate under severe
penaltiesfor those who should not, within twenty days,presenttheir copiesfor
expurgation."Reusch, Der Index,II,277-80.
This was
act.
The Annals escapedthe Spanish
a royal,not an
inquisitorial
Index.

CHAP

INDEPENDENCE

IV]

OF

ROME

535

of the

papalnuncio,this was suppressedand burnt so successfully

that only three or four copieshave survived.1 That an
ized
organgovernment should permitwithin its territory
an
antagonistic
to
books
it
what
foreign
claimed
to be
defending
power
suppress
its rights
which
could
not
be
an
was
endured.
anomaly
patiently
Rome
clash
was
inevitable. In 1613
immovable, and a
was
appeared the "Tractatus de cognitione
per viam violentise" by
Geronimo
de Cevallos and, in 1617,PhilipIII,on learningthat
its condemnation
under consideration in Rome, wrote earnestly
was
to his

ambassador to prevent it,and declared that such condemnation

would

have

not

delayed but
December

be received
did not

or

prevent the

in

Spain. This may

adverse decision,
which

executed

12, 1624, when

PhilipIV carried out his father's

threat. The SpanishInquisition
did not condemn
the work, but
clauses altered,
and its independencein the
merely ordered some
matter of censorship
asserted.2
tacitly
was
Rome
and independencewas
asserted. In
persisted,
definitely
February,1627,the Count of Onate, ambassador to the Holy See,
of which
reportedthe issue of a decree condemning books, some
in defence of the regalias.In June,Philipsent this to the
were
Suprema, asking its advice. It repliedthat,when the decree
should come, itwould be examined and reportedto the kingwithout
for no ecclesiastic
or layman in Spain
allowingits publication,
and Sucould do so without orders from the Inquisitor-general
prema.
If such attempts were
made, an appropriateremedy
issue promptly came.
The
be applied.3 The
would
decree
was
appeared,April 12, 1628, and one of the books condemned
de Regia Protectione,"
the "Tractatus
by Salgado de Somoza,
President of the Royal Council and a vigorousupholder of the
sitor-gen
regalias.When the decree arrived,the king ordered the inquibidding
to deliver it to him and' wrote to all the bishopsforthem to publishit.4
came

Vicente de la Fuente, Hist

eccles. de

Alcubilla, C6digos antiguos, p. 1591.

Libronim
22.
post IndicemClementis Yin

HI,
Espafia,

"

"

269

(Ed. 1855).

Llorente,Coleccion
Decreta, pp.
prohib.

Diplom"tica,
p.
165-66

(Romae,

1632)." Llorente,Hist, crit.,

Cap. xxv, n. 119.
3 Archive
de Simancas, Gracia y Justicia,
Leg. 621, fol. 73,

Ibidem, Inq.,Lib. 20, fol. 255.

My copy of the Tractates illustrates a method
books,at least in Italy. It
prohibited
possessing
4

1669, and

fty-leafover
,

the conscience in
satisfying
is of the fourth edition,
Lyons,
Gargdoni,has written on the
of

owner, the Dottore Benedetto

"
Animo
obtinendi licentiam."
his name,

former

CHAP.

INDEPENDENCE

IV]

the nuncios

OF

HOME

537

sive
continually
endeavoringthus to invade the excluof the Inquisition
in matters of censorship,
the
jurisdiction
king was asked to signthe accompanying lettersto the archbishops
and bishops,
Of course
similar to those despatchedin 1627.
the
whether the Suprema had Galileo's book
king signedthe letters;
examined
have no means
of knowing, but the Inquior not, we
sition
discredit
the
of
the
of
and
escaped
name
condemning him,
were

the illustriousFlorentine appears nowhere

in the Spanish Indexes.
In the matter of the regalistas,
Philip,in a letter of April 10,

1634,to Cardinal Borja,pointed out the unfairness of suppressing

legalworks defendinghis side of the controversywith the Holy
See, in which the faith was not concerned,and he ordered urgent
to Urban
to be made
VIII, with the intimation
representations
continued its course, he would
all books
that,if Rome
suppress
in vain.
In
was
supportingthe papal claims.2 Remonstrance
1640, Salgado de Somoza's
tissimum"
condemned;
was

"

ad SancSupplicatione
in 1642, Solorzano's
Disputationes
Jure" and, in 1646, six or eightsimilar works, for
de Indiarum
instructed to demand
similar prohibition
which the nuncio was
rendered doubly
in Spain.3 Imperious as was
this,the act was
to be publishedwithout
offensive by causingthe condemnation
thus disregarding
the
transmittingit through the Inquisition,
independence claimed by the latter and the courtesy due to a
friendlygovernment. Provocation so extreme could scarce have
of Spain,battling
at
been ventured but for the desperateposition
Yet Spain
with France, with Portugaland with Catalonia.
once
not sunk

was

low

so

as

Tractatus

de

"

to submit.

After deliberation in the various

councils,
Philip,on October 16th,sent to the Suprema three consultas which they had presentedand ordered it to advise him.
October 20th,expressing
its
With unusual promptitudeit replied,
claimed by the crown, which
unreserved adhesion to the regalias
in papal
rightsinseparablefrom sovereignty,
The unlawful act of the
prescription.
bulls,and in immemorial
the books condemned
had in
of the highestprejudice;
nuncio was
lics
piousCathono
proper limits;their authors were
way transcended
and the works had been circulated in sightof the Inquisition,
founded

were

whose

in

duty it

was

to watch

over

such

matters.

Simancas, Inq.,Lib. 20, fol.255.

2
Llorente, Coleccion Diplomdtica,p. 23.
3
Index Innocentii XI, 1681, pp. 105,155.-" Index
Index, n. 51." Reusch, Der Index, II,373-5.
1

Archive

The

consulta

de

Alexandri

VII, Decretorum

[BOOK VIII

CENSORSHIP

538

with

ended

fact known

suppress the papaldecree and to make the

cation
everywhere,so as to avert the injurywhich its publi-

might
of all his

promiseto

caused.1

have

supportedby

Thus

advisers,Philipissued

the

decree in November

the nuncio was

papal decree to be suppressed;
would seek other means
told that the royalindignation
the

the ambassador

at Rome

indignation
ordering

rebuked

and

of sion;
expresinstructed to representthe deep

was

tellthe Holy See that this was

of opinion,in which it could interfere and
not a mere
matter
and always
dictate to Spain about rightscoeval with the crown

resentment

which

was

and
felt,

to

sert
enjoyed. Opportunitywas also taken to reasuninterruptedly
of
the
and
SpanishInquisition
the independence
emphatically
of the acts of the Roman
gations.2
Congrewithout its approval,
the nullity,
decadence of Spain
the progressive
this,
Notwithstanding
encouragedthe curia to make another attempt, in 1687, when
of the Inquisition
to
the nuncio sent a decree of the Congregation
with orders to publishit. The Suprema lost no time
the bishops,
two
earnest consultas to the king,urging him to
in presenting
this attempt to subjectSpain to
take prompt action in repelling
the Roman
Inquisition.8
fruitless. The established
of the curia was
The persistence
from these disputes,
as described
by an experienced
custom, resulting
that,when the nuncio received a brief from
was
inquisitor,
he sent it to the Suprema, which ordered the
the Congregations,

to be examined

book

by its calificadoresand, if they pronounced

the Suprema issued a correspondingedict.

objectionable,
Twice, he says, the nuncio,in order to evade these rules,caused
but the Suprema
edicts to be postedin the court-yardof his palace,
abrogatedthem, punishedthose who did it,and reportedto the
king in order that he might warn the nuncio to observe the regulations.
from the pope.
Sometimes,however, a brief came directly
it

the matter

Then

was

the pope
supplicated
In Sicily,
no

in the hands

of the

king,who

retained it and

that it should be

brief was

publishedby the Inquisition.

without
the
published
receiving

exequatur of the viceroy.4

The
1
2

had thus,by supporting

the royaljurisdiction
Inquisition

Bibl. national,MBS., D, 118, fol. 66, n. 25.

Autos
Acordados, Lib. i, Tit. vii,Auto 14.
"

Bibl.

Novfs.

national,MSS., S, 294, fol. 66.

Archivo

MSS.

of

de Simancas, Inq.,Lib. 26, fol. 121.

Royal Library of Copenhagen,218b,p. 331.

2."
Recop. vni, xviii,

CHAP.

IV]

USED

AGAINST

the papalclaims,
achieved
against
for its own
fighting

was

hand

CEOWN

THE

539

its independenceof

and, when

itsobjectwas

Rome, but it
its
attained,

to the Church outweighedits allegiance

to the sovereign.
allegiance
When
the questionwas
its own
between
and that of
jurisdiction

the crown, its attitude was

decisive. The condemnation
most
by Pacheco of the arguments of Don Luis de Gubiel,in the comof Granada,
petenciawith the Chancellery

not

was

an

isolated

instance of this. In 1637, there was

a bitter controversy between
the Sevilletribunal and the royalAudiencia,over the banishment
of

familiar by the latter,

in the course
of which the Suprema
ordered the suppression
of various arguments prepared in support
a

of the

and
royaljurisdiction,

them

among

by

one

Juan

Perez

de

Lara, the fiscal of the Audiencia,written in the strict line of his

in a consulta
duty. To this the Council of Castiletook exception,
to the regalias;
the paper
complainingthat it was of great prejudice
contained nothingcontrary to the faith,
renderingit liable to the
of the Inquisition,
wherefore the Council asked that all
censure

the documents

suppressed should be examined

by disinterested

persons, and that the Suprema be ordered in future not to suppress

without preliminary
any paper in favor of the royal jurisdiction
the Suprema
king* To this temperate expostulation
repliedwith loftydisdain. The king was told that he should
all remonstrances
as Charles V did,May 17, 1519, to the
answer
it is not
Diputados of Aragon "as an affairof the Inquisition,
of the kingdom impede what
the fueros
for us to interfere,
can
nor
the inquisitor-general
does, as it is an ecclesiasticalcase/' It
astonished that there should be any questionas to the power
was
established by papal bulls,decrees of councils
of the Inquisition,
notice to the

"

inviolable custom, while the rule of the Index extends this

That
at the discretionof the inquisitors.
power without limitation,

and

of

for the
disproof,
due to the unity
dominions were
of the king's
peace and prosperity
The
of faith procuredby the watchful care of the Inquisition.
of the
objectof the Council of Castilewas to limit the jurisdiction
of competo a matter
and to reduce its censorship
Inquisition
alone could decide what belongedto
but the Inquisition
tencias,
it and what did not belong.1
it is not
of the Holy Office,
Such being the temper and spirit
emancipationfrom
that,when it had secured its own
surprising

the

had
regalias

been

Archive

threatened

was

easy

de Simancas,Inq.,Lib. 21, fol.108.

Rome, it should

no

longerprove

regalias.Llorente

of the

an

mentions

VIII

[BOOK

CENSORSHIP

540

allyof
two

the

in defence

crown

del Man-

authors" Ramos

Gonzdlez de Salcedo,whose works it condemned

It could not be depended
for defendingthe royalprerogative.1
and

zano

Pedro

and the
those which impeached the regalias,
suppressing
ship,
obligedto resort to its own censorwas
State,in defendingitself,
on

for

in

as

case

of the work

entitled "Casos

reservados

su

Santidad,"attributed to Doctor Francisco Barambio, in 1694.

it
It never
appeared in the Index, but a royalauto condemned
of the crown, and
and prerogatives
subversive of the regalias
as
under
its suppression
ordered
pain of half confiscation and
penalties.2
arbitrary
We

have

already (Vol. I,

pp.

315, 321)

in the
century, the Inquisition,
eighteenth
the works

of

cases

seen

how, in the

of Macanaz

and

Barclay and Le Vayer, and in that of the Catechism

Mesengui,took sides againstthe royalprerogative.Although

Carlos III in the latter,
in the former
PhilipV weakly yielded,
not only temporarily
Bonifaz,but
suspended Inquisitor-general
took steps to protectmore
againstpapal
thoroughlythe crown
censorial
of
the
the
to
limit
and
Inquisition.
encroachment,
powers
November
lation
27, 1761,he laid down the basis of subsequent legisof

in instructionsto the Council of State to frame

necessitiesof the

law adequate

In consequence, the
1762, ordered that no

Prag~
January 18,
bull,
addressed to any tribunal,
brief or papal letter,
junta,judge or
should be publishedwithout having firstbeen presented
prelate,
to the king for his approvalby the nuncio,while those for individuals
should be submitted to the Royal Council to see whether
the regalias
or prejudiced
they affected the Concordat,
or the good
and usages of the kingdom. This was
customs
followed by a
of
cedula
sorship,
cenAugust 18th imposingrestrictionson inquisitorial
but both of these were
withdrawn by decree of July 15,
1763"
decree obtained by the royal confessor,
Padre Eleta,
a
the loss of
working on the king;ssuperstition
by representing
Havana
evidence of divine wrath.3 This respite,
as an
however,
of
duration.
not
At a juntacalled,
in 1768,to consider
was
long
matters
the Counts
growing out of the expulsionof the Jesuits,
to the

mdtica

del

Exequatur of

case.

Llorente,Hist, crit.,
n.
Cap. xxvi, Art. iii,
37, 40.
Acordados, Lib. i, Tit. vii,Auto 21.
8
Archive
de Simancas,Ihq.,Leg. 1465, fol.45." Ferrer del Rio,Historia de
Carlos III,I,394-5, 398." Archivo de AlcaM, Estado,Leg. 2843.
1

Autos

CHAP.

IV]

RESTRICTIONS

54!

of Floridablanca and

Campomanes presenteda memorial calling

attention to the surreptitious
introduction of several papal briefs,
and to the disastrous influence of the censorshipin flooding
the
land with ignorance. The result of the discussion was
the reof the Pragmdtica del Exequatur,with more
enactment
enlarged
and
of
June 6th providing
that the Inquisition
provisions, a c6dula
should not prohibit
any work by a Catholic of good repute,without
givinghim a hearingor, if he were a foreigner
or
dead, without
appointingfor him an advocate of competent character. The
circulation of books

not to be

suspended under pretext that

in those to bteexpurgated the
undergoingexamination;
was

they were
to be speedily
objectionable
designated,
passages were
so that the
current readingof them should not be interrupted,
and any special
condemned
to be clearly
propositions
were
indicated,
so that they
could be
to

expurgated by the

owners.

Prohibition

was

to be

fined
con-

and

and lax opinionsprejudicial

superstitions
to
and morality,
and no edict was
to be published until it
religion
had been approved by the king.1
in the spirit
These reforms were
of those by which
Benedict
in
the
bull
Sollicita
had
ac
endeavored to soften
XIV,
provida,
the rigorof the Eoman
but they were
censorship,
largely
impracticable.
the provision
They excited livelyopposition,
especially
nation,
allowingthe circulation of books during the process of examiand Llorente tells us that,for the most part, the Inquisition
eluded their restrictions. It was of course
for the
impossible
king to pass judgement on all the condemnatory edicts which
followed each other in rapid succession and were
submitted to
him without explanationor record of the author having been
heard in his defence.2 This latter provision
however seems
to
In 1775 we find the Suprema sendingto
have been observed.
Valencia certain conclusions commencing "Sistema phisicum de
hominis generatione,"
togetherwith the papers concerningtheir
errors

condemnation

and

the c6dula of June

16, 1768, so that the party

could be heard in defence.3 The author,however, was not allowed

to printand circulate his defence,though he might have licence
for

enough copiesto supplythe

members

of the

Suprema; in

case

Cap.sxv, Art. l,n. 14-15. Novls. Recop.,n, iv,11;

Llorente,Hist, crit.,
3.
vm, xviii,
2 Archive
de Alcald,Estado, Leg. 2843." Llorente,Hist, crit.,
Cap. vm, Art.
v, n. 7, 8.
3 Archive
hist, nacional,
Inq.de Valencia,Leg. 15,n. 11, foL 23.
1

"

[BOOK

CENSORSHIP

542

through the universitiesthey were

he distributed them

in which

suppressed,and

called in and

VIII

if he attacked the witnesses and

of the bull Si
liable to the savage penalties
entitled to a hearing.
Yet to the end the author was
de protegendis.1
at Llerena,in 1816,the Suprema instructsthe
In a case occurring
he
calificadores,

was

tribunal to suppress a certain pamphlet in the next edict,but it

is to ask the author, Dr. Martin Batincas,whether he desires to
defend it;if so to furnish him with the censures, but not the names
of the

for a defender in the

provision
maintained.
authors was similarly

The

tribunal

the Madrid

"El
the

troubles;now

seized and

had

censures

In 1816 the

up

the

to

was

this observed

was
scrupulously

case

and

foreign

ted
Suprema instruc-

of

book

been suspended on

entitled

account

appeared, which

must

of
be

be furnished to the General of

if he should
Carmelites;

defender,the tribunal

of deceased

cases

edition had

new

of the

copy

the Barefooted
a

to take

which
instruido/'

Nino

will take its regularcourse.

the matter

when
calificadores,

not desire to

put forward

appointa defensorde oficio.So

that,in 1817, a singlecopy of a

in 1801,entitled "Du Mariagedans ses rapbook, printed

ports
lois
les
f
ound
in
et
la
nouvelles,"
avec
Religion
avec
sion
possesof Canon MiguelCortes,was duly condemned
by calificadores
when Padre Cento was
appointedto defend it and, on his refusal,
French

to have been

proceedings
appear

dropped.2

and the State were

in
period,the Inquisition
the Revolution,and
firm alliance,
againsttheir common
enemy
the State made full use of the Inquisition
as a political
instrument,
althoughit had its own elaborate and effective censorship.This
a new
was
development,for in the
employment of the Inquisition
earliertime,the instances in which inquisitorial
censorshipwas
service
few.
In the case
called upon for political
are
surprisingly
inevitable that the Inquisition
of Antonio P6rez, it was
should
and unauthorized
of his persecuaccounts
prohibithis writings
tions.
less excuse
for suppressing,
in 1609, Padre
There was

During this

Mariana's
ruinous

later

of essays

volume

debasement

of the

on

account

of his criticism of the

coinage.3There

plaisance
unworthy comto the Holy See when, in 1606, the Suprema forbade
the possession
by any one of the papers and memorials issued by

1
2

MSS.

of

was

Royal Libraryof Copenhagen,218b, p. 323,

Archive
de Simancas, Inq., Lib. 890.
Lib.
Ibidem,
940, fol 10,17, 20.

CHAP.

IV]

POLITICALLY

EMPLOYED

Venice, in its quarrelwith Paul V,

scandalous

to

when

power

it arrested and

lawyer whom
defence

Christendom,and

of the

543

the

on

pretextof their being

greater misuse of its

even

an

prosecutedFrancisco

the Venetian ambassador

the

Republic.1 On

1640, the protestof Barcelona

had

eve

de la

Cueva, a

employed

to write in

of the Catalan

in
revolt,

to the

king was suppressed as

Expurgatorio,being seditidus,

coming under the rules of the

and scandalous,
and this precedentwas
followed with all
insulting
on the subject
duringthe revolt.2 On the whole,however,
writings
the political
throughoutthe firstthree centuries of its existence,
of the Inquisition,
in this and other ways, was
made
use
fully
wondersmall.
It

otherwise when

the

upheavalcame which threatened the

of all monarchical institutions,
and nothing was
stability
more
than publicopinion,which
dreaded
into
action.
might develop
All the agenciesat command
of the State were
felt to be needed,
and Carlos IV hastened to open the way for the Inquisition
by
in an edict of 1789,that all which contributed to spread
declaring,
revolutionaryprinciples
was
heresy,being a doctrinal error, contrary
of the Apostles
Peter and Paul, and this was
to the teachings
reduced to practice
by an edict of the Inquisition
speedily
ordering
the surrender of all papers coming from France and conveying
ideas.3 Watchfulness
on
importations,
revolutionary
especially
from France,by both royaland inquisitorial
led,
redoubwas
officials,
methods
and for years new
were
constantlydevised to keep
in ignoranceof events beyond the Pyrenees.4
the population
and books were
in vain. French newspapers
It was
smuggled
the laws of
and forbidden speculations
the frontier,
on
across
of man
nature and the rights
were
widelydisseminated. When the
of the royal family and the
crisis came, with the deportation
Napoleonicinvasion,there was a leaven of liberalism sufficient
in the demand
for a new
order of things. The
to find expression
and assembled
ExtraordinaryCortes,elected by universal suffrage
at Cadiz in 1810, lost no time in framinga law for the freedom of
1

was

Venetian

ambassador

was

under

in the ceremonial
complications
2

de
3

The

Cabrera,Relaciones, pp. 285, 291.

de

Recop., vm,

that the

excommunication, causing some

Ibidem, pp. 282, 295.

of the court.

Inq.,Lib.

"

21, fol. 254.

"

Archive

Cap. XXY, Art. 1, n. 3." MSS.

Llorente, Hist, crit.,
Novis.

claimed

troublesome

Simancas,
Valencia,Leg. 1, n. 4, fol. 77, 78, 81.
Archive

in Madrid

nuncio

xviii,11-14."

Alcubilla,
pp.

hist,

of David
1593-4.

nacional,Inq.

FergussonEsqr.

CHAP.

POLITIC

IV]

ALL

EMPLOYED

545

tucional.

Immediatelythe Royal Council sent out orders to the

and military
authorities to seize all copies,
judicial
and the Juez
de Imprentas did the same
to his subordinates,
all of which resulted
in finding
enough of the circularsto show that they had been widely
distributed. Then the aid of the Inquisition
invoked and, on
was
August 3d, the Suprema ordered the tribunals not only to seize
all copiesbut to arrest everybody concerned.
Then, on September
the
the
that
wicked
13th,
king reported
refugeesin London,
who had been, through lack of funds,obligedto abandon
the
h
ad
project,
recentlyobtained contributions and had resumed it,
wherefore fresh diligence
was
enjoined. Two days later the Suprema
forwarded this to the tribunals,
with orders to exert themselves
in seizing
the circulars and periodical
and also the accomplices
in the so-called conspiracy.Again, on
November
4th, the
called
renewed
attention
itsformer
to
lettersand enclosed
Suprema
order
a
royal
statingthat the London ambassador
reportedthe
of the second number
of the journal,and insisting
on
appearance
to prevent its circulationin Spain. There is no
every precaution
trace, however, of any copy of the mysterious periodical
being
of
of
the
the
arrest
or
concerned.
Inquisition,
capturedby
any one
with
November
the
mitted
this,on
5th,
Simultaneously
Suprema transorder
letters
t
hat
in
another royal
stating
intercepted the
mails contained prospectusesof a periodical
entitled"Gabinete de
de Espana y Indias,"to be issued
Curiosidades politicas
y literarias
librarian of the Cortes.

by Gallardo, former

in London

The

consequentlyissued instructions enjoiningthe utmost

the prospectusand copiesof the periodical.1
in seizing
vigilance
and the temporal,
of confusingthe spiritual
The happy facility
not been lost to
Church, had evidently
so valuable to the medieval
the Spanish monarchy.
Suprema

Although
intrusion in
to

guard the

well

as

from

carefullyabstained from
generalthe Inquisition
it undertook
the field of morals, yet in censorship
publicfrom that which might contaminate virtue as

in

what

affected faith.

of the Tridentine Index

where
or

lascivious books

as

well

and

expurgated.2 Literature

VOL.

in

as

justified
by the rules
of that of Clement VIII, in 1596,
This

was

illustrations were
however

escaped,at
largely

de Simancas, Inq., Lib. 559.

Archive

Reusch, Die Indices,pp. 249, 533.

35

to be

prohibited
least until

CENSOESHIP

546

[BOOK

VIII

the later period. The Celestina of Francisco de Rojas,of which

than thirtyeditions were
printedin the sixteenth century,
more
its
itspopularity
leadingto itsuse as a schoolbook notwithstanding
until the Index of
indecency,escapedattention,
of about fifty
lines,and it was not
1640 ordered the expurgation
crude

somewhat

until that
prohibited

of 1790.1

when its employment

especially
Art attracted earlierattention,
it might be
however
stimulating
lacked dignity,
in sacred subjects

pietyof

to the
met

the

public. The
occurs
Inquisition

unlettered

to this function of the

firstallusion I have
in

1568,when

itor
Inquis-

his visitation of San

Moral,in reporting

penancingGracia

mentions
Sebastian,
a pinturadeshonesta,
possessing

de Caldiere for

whereupon the Suprema told him

pictureto

it"

as
apparently,

the decision to itself.2The

orderingthe suppressionof
the

and

of

matter

is

next

have

it
censorship,

carta accordada

sent the

reserved
of

1571,

linen of the Crucifixion

figureson

some

Trinity,in which

that he should

the calificadoreshad

discovered

and a series of twelve wood

cuts
doctrines,
of the Passion,with an epitomeon the backs in Latin and French.3
This is emphasizedin the ExpurgatoryIndex of Quiroga,in 1583,
of
of which the twelfth rule is directed againstall representations

symbols of

Lutheran

sacred persons

or

objectswhich

of irrision

savor

or

irreverence.4

in fact,
manifested itselfin somewhat
occasionally
Spanishpiety,
grotesqueform, as in certain images on linen of the Christ-child,
of which was
in militaryuniforms, the suppression
ordered in
1619.5 In 1649,the Suprema was
scandalized at the greatirreverence
and diabolical indecency,with a savor
of sacrilege,
of
ribbons which were
called bowels of angels"or
hearts or entrails
of apostles/7
it forbade asking
and, under the customary penalties,
ribbons with such names.
A few weeks
for,buying or selling
later it prohibited
all razors
knives on the handles of which
or
the Virgin,
the saints or the instruwere
ments
engravedimagesof Christ,
of the Passion;all found in the shopswere
to be seized,
and
the commissioners at the portswere to see that none
were
imported.0
"

Ticknor's

SpanishLiterature,
I, 235-44,"

"Ultimo,p.

40.

2"Archivo

de

3
4

' '

Index

of

1640, p.

Simancas,Inq.,Lib. 81, fol.27.

Ibidem, Lib. 82, fol. 1; Lib. 940, fol. 5.

Reusch, Die Indices,p. 385.

Archive

Ibidem, Leg. 1, n. 4, fol. 46, 50.

hist,

nacional,Inq. de Valencia,
Leg. 6, n. 2, fol. 313,

948.-" Indice

CHAP.

IV]

MORALS

After the

AND

AET

547

serious work of the Inquisition

was
accomplished,
in the elimination of Judaism, Protestantism and Islam,its energies
more

actively
employed in this direction. In 1787 we
find the Valencia tribunal prosecuting
Francisca Lazaro for indecent
In
1803
the
of
Caprichos Goya, the leadingartist of
songs.
the period,
wounded
he was
inquisitorial
sensibilities;
summoned
and his prosecution
was
saved
commenced, but he was
by the
were

more

intervention of Carlos IV.

tribunal in 1820
Doctor

Tomaso

impious,and

Two

proceedingsagainstthe "Rime
which it pronounced to be
Crudeli,"
were

the

condemnation

for lascivious

The
propositions.
inquisitorial
censorship.In 1817
nacion de

un

Padre"

9th and

10th;it seems

the MS.

was

the

of the last acts of the Valencia

was

to

of

book

Prose

obscene

del
and

called II Zibaldone,

theatre also became

subjectto

tragedy entitled "La Obstipresentedon the Valencian stage,October

have excited disapproval
and,on the 13th,

presentedto

the tribunal for its censure.

In

Madrid,

acted

a
as
Suprema
preliminarycensor; in 1815 we find it
orderingthe local tribunal to examine the opera "El hombre de
mal genioy buen corazon,"and the comedy "El no de las ninas"
to their repreand, on the report that the fiscalhad no objection
sentation,
in
it gave its assent.
the
So,
1819,
Suprema returns to
of four saynetes}
with
the Seville tribunal its edification
or farces,
orders to put it into more
intelligible
shape,to vote on it and

return

it for final decision.1

the principal
of art, however, were
objectsof
Puritanism.
In 1793,the Valencia tribunal formed

Works

torial
inquisia

cess
pro-

with

scandalous picture,
a
concerninga certain snuif-box
of Don Jacinto de Castro,governor
of
supposedto be in possession
the sola del crimen.
Solicitudefor the publicmorals was so acute
that, October 2, 1815, the Suprema approved a decree of the
Madrid tribunal,
orderingallthe hairdressers of the cityto remove
busts which they
from their windows, or alterto decency,the wax
because they made
exhibited as specimensof their art" apparently
Artists and dealers in
too exuberant
a displayof their charms.
But a week before
held to a strict accountability.
were
pictures
the last case, the Suprema had considered a prosecution
by the
Sevilletribunal of Juan Rodriguezand Domingo Alvarez of Cadiz,
in his shop a
and the latter for exhibiting
the former for painting
Inq. de Valencia,Varies,Leg. 392, n. 26; Leg. 390;
Leg. 47." Yriarte,Goya, sa Biographieetc.,p. 105 (Paris,1867)." -Archivo de
Simancas, Inq.,Lib. 890, Lib. 4352.
1

Archive

hist, nacional,

CENSORSHIP

548

[BOOK

by
picturecalled Diana, provocative
ordered

were

to

appear

warn

be visited with the

nudity. They
Cadiz,who

of

the excommunication

of the
repetition
providedby Regla xi
penalties
that

and

gatorio banishment
later,Pasqual Franchini
ducats

from

absolve them

them

"

hundred

commissioner

before the

should reprimand and

incurred,and

itspostureand

and,

was

offence would
of the

ducats fine.

pinturasobscenas

for two
he

as

five hundred

ordered

VIII

to be set at

Expur-

Six months

fined

was

it is
liberty,

he pleadedpoverty and his

imprisoned;
Three months later,
fine was
SantiagoSchmidt
kindly reduced.
for
Josef were
and his son
sentenced,by the Madrid tribunal,
indecent picturefor eight
an
to the Prussian ambassador
selling
fined two thousand reales,
thousand reales;for this they were
reduced to fifty
ducats.1
which the Suprema benignantly
evident that he had

in this

Doubtless

ambassadorial

case

saved
privilege

the purchaser

for the possession

of objects
prosecution,
regardedas

from

immoral

been

calidad de

and the records are full of cases

oficio,
those who owned snuff-boxes,
against
watches,packs of cards etc.,
with indecent figures
or inscriptions,
as well as of pictures,
ings
engravand books with plates
that offended the modesty of the censors.
was

No

doubt

much

of what

was

condemned

was

thoroughly

vicious and disreputable,

but the resultant purification
scarce
for the invasion

pensated
com-

of

privatelife and the stimulus to the

detestable habit of espionageand denunciation,
through which
alone such matters could come
to the knowledge of the tribunals.
Much good art,moreover, was
undoubtedlysacrificed by ignorant
censors, for the
at Valencia

on
painting

ordered to be
was
owner.

objectsthus condemned
copper

and when
effaced,

of the

this was

done the sheet of copper

delivered to the alcalde del crimen, to be restored to the
Akin to this was
the tearingout of objectionable
plates

from books, which

of Don

Luis

Thus

happens to be mentioned,in 1819,in the

Monfort,a captainof artillery.2

of

of the Inquisition
censorship
from
was
all-embracing,
heresies
of
Luther
and
dangerous
the populariCalvin,
zation
the
Scripture, relations between Church and State and

the liberalism of the modern

de

case

the

the most

destroyed. In 1805
Adultery of Venus was thus
were

Archive

hist,

era, down

to the veriest trifles. It

national,Inq. de Valencia,
Varios,Leg. 392, n. 15." Archivo
Simancas,Inq.,Lib. 890; Lib. 4352.
2
Archivo hist, nacional,Inq. de
Valencia,
Leg. 4, n. 3, fol. 324; Leg. 100.

CITAP.

IV]

was

INFLUENCE

engine

an

of

ideas,
state

exercised

deplorably

Authorship

works,

which

on

secure

extra-hazardous
from

the
and

who

had
it

of

deprived
and

illustrious

saying

in

Europe,

among

that

Africa

in

working

Spanish

the

impossible,
nations

began

and

was

at

the

tersely
Pyrenees.

the

be

to

the
at

state

poses,
cross-pur-

sixteenth

tury,
cen-

the

learning

most

the

atrophy,

into
and

industrial
which

character

expressed

chasers
pur-

liable

or

starved

and

while

between

and

sition
Inqui-

the

by

the

licence

due

were

commercial

neglected,

were

in

literature

rendered

was

unison

which,

stunted

was

rendered

was

book

would

spent,

destroyed,

and

and

whether

with

Thus,

development
render

been

prohibited

compensation.
whether

sciences

and

acquired

without

uncertainty

printed

licensed

censors

literature

publication

be
seized

be

of

on

had

book,

moment

any

bought

to

that

such

intellectual

promised

progress

fact
at

labor
of

vexatious

most

duplication

the

in

perfected

1558,

influence

business

edition

Inquisition,

the
the

arts

whole

the

the

the

might

state,

this

by

of

years

print;

by

and

of

accompanied

was

of

character

discouraged

was

to

of

depressing

perhaps

licence

upon

law

ance
further-

exclusion

the

It

progress.

the

for

thought,

the

authorship,

applied

of

regulations,

to

most

culture.

of

based

successive

embarrassing

repression

obstruction

censorship,

innumerable
and

the

the

and

constantly

power,

Obscurantism,

foreign
by

immense

of

549

in

the

Spain
current

APPENDIX.

STATISTICS

OF

OFFENCES

(See

IT is

p.

PENALTIES.

AND

93).

manifestlyimpossibleto compile

the

statistics of

inquisitorial
activityduring the centuries of its existence and amid its numerous
to illustrate the
tribunals,but some
fragmentary figuresmay serve
comparative frequency of the offences with which it had to deal and
of the punishments which
the character
it inflicted. As regards the
that the sentences
latter it will be remembered
usually comprised
several

penalties.
OFFENCES.

by the tribunal of Toledo

la fe seguidas ante
del Santo
Oficio de Toledo"
el Tribunal
(Madrid, 1903) prepared by
del CampUlo, from the origiPadre Fresca, S. J.,.andDon Miguel Gomez
nal
is of 1483 (p. 192) and the latest of
records.
As the earliest case
the whole activityof the tribunal,
1819 (p. 81) it would
appear to cover
of Judaizers reconin view of the masses
but it is manifestly imperfect,
ciled
i
n
the
and the effigies
burnt of the dead and fugitives,
earlyyears
of the organization(Vol. I, pp. 165-72, 183). In a minor
degree this
of portions of the
is also shown
by comparison with tables below
The

of

followingsummary
from

is condensed

the

other

period from

changes in

"Cat"logo de los

These

sources.

the

character

188
755
259

Bigamy

Blasphemy
Fornication

not

sin

officials and

Personating

licences
Fautorship of heretics

Sorcery
lUuminism
Heresy
.

forged
.

"

Anglicanism

....

....

ilvmism

Freemasonry
Lutheranism
General
and deluders
Deluded

.
^

Impeding
Violation

the Inquisition
of disabilities

contra

causas

also

latter

of offences

G6mez

classification of Senor

The

acted upon

cases

48
60
296
39
14
18
3
79
72
25
62
91

del

have

at successive

Campillo is

Insults

interest

as

cating
indi-

as

periods.

follows:
186

officials

to

Personating priesthood
Judaizers
Prohibited

...

33
977
34
219

"
.

books

Moriscos
and

Irreverence

scandalous

speeches
False

witness

Propositions,erroneous

...

scandalous

heretical

Marriage in
Sacrilege

Orders

Solicitation
Various

in confession

....

(551)

551
34
60
63
46
16
74
105
43

STATISTICS

OF

OFFENCES

Bigamy

62
37

Blasphemy
Fornication not

sin

...

Personatingofficials
Fautorship
Illuminism
(Molinism
Protestantism

]
! ! !
etc.)

16
100

17

11

Heresy

Suspicionof Heresy

3
2

....

Deluded

and Deluders
Impeding the Inquisition
Insultingofficials

PENALTIES

553

Marriagein Orders
Solicitation in Confessional
Mala
doctrina in
Do
....

10
68
9

...

....

Sorcery

AND

16

...

Rebaptism (Greek)

1
....

Errors

Hipocrita
Fray Berrocosa
Gypsy

1
2
1

Greek
Atheism

1
1

Burlesque Sermon
Threateninga witness
Hiding confiscated property

....

13

...

3
5

to Inquisition
Disrespect
Speakingillof Do
PersonatingPriesthood

...

....

12

...

Judaism
Mahometanism

659

Offence

of

1
.

Notary

....

Blackmailing

1
2

Breaking prison
Do
exile and presidio
Non-performance of sentence
Cofradiaexecrable
Improper rules for a Congregation
Printingwithout licence
.

Apostasy

Irreverence

and

Sacrilege

...

Propositions
In

74

1
1
1

...

Royal Library of Berlin Qt. 9548 is a volume containing

1721
relations of sixty-fourautos held in various tribunals,
between
and 1727.
mainly directed
During this periodinquisitorial
energy was
of the
againstJudaism, as will be seen from the followingsummary
cases

the

35

Bigamy

Blasphemy

Fautorship
Sorcery etc

2
57
3

Protestantism

Heresy
Deluders

Personating Priesthood

Personating officials

Apostasy

record

in Person
Relaxation
in Effigy

Breaking prison

18

Confiscation

185

Fines (aggregating
2,586,625mrs.)

141

Reconciliation

207

in
Sanbenito

Effigy

Imprisonment
Reclusion

"

in convent

or

hospital

186
175
87
91

Galleys
Scourging

133
26

Vergiienza

167

Prohibition to leave Spain

Gagging.

"""".'

Deprivationof Confessing
Disabilityfor Orders

6
20
42
10

17
2

Rebaptism

15

of 1575-1610

....

Mahometanism
Marriage in Orders
False witness

PUNISHMENTS

In the Toledo

824
6

2
...

Judaism

the sentences

include

To be last in Choir and Refectory 26

11
The Discipline
17
P
enances
Spiritual
Penitent
in
as
Hearing Mass
66
Church
150
Do
in Audience-Chamber
21
Abjurationde vehementi
49
delevi
56
Reprimand or warning
1
books
To write no more
from
Temporary suspension
1
functions
priestly
1
Public recantation
30
Cases dismissed
98
suspended
....

...

...

...

......

Acquittals

51

APPENDIX

554

1648

to

Person

in

Relaxation

from

Becord

Toledo

The

following

the

yields

1794

summary:

10

Verguenza

....

63

Effigy

in

417

Confiscation

Do

4
.

confessing

from

11

preaching

from

Do

445

Orders

from

Do

14

terms
Do

perpetual

Degradation

161

Abjuration

de

5
1

priesthood

from

51

vehementi
.

Do

183

functions

priestly

of

Deprivation

short

sanbenito,

and

Do

3
...

Reconciliation

Do

68

Orders

for

Disability
Suspension

of

property
.."...

culprits

50

ducats)

30,600

half

of

Prison

confessing

of

Deprivation

(aggregating

Fines

566

Exile

irremissible

314

detevi

82

Do

91

Reprimand

98

Cases

.....
...

Reclusion

in

Galleys,

Presidios

etc.

convents

467
.....

Arsenals

and

104

suspended
....

92

Scourging

The

Acquittals
......

include

the

in

sentences

sixty-four

de

autos

fe

between

in

Relaxation

Person

77

Prison

74

Galleys

etc.

275

irremissible
.

....

Do

in

Effigy

and

Presidio

776
one-half

12

property

Reconciliation

13

Vergiienza
.......

630

Exile

252

Abjuration

189
........

......

and

99

.......

of

Prison

297

Scourging

......

of

....

.....

Confiscation
Fine

1727

and

1721

sanbenito,

short

terms

de

31

vehemenU
...

Do

113

perpetual
.....

Do

de

125

lewi
......

DOCUMENTS.

I.
CONCLUSION

SENTENCE

OF

TELLAS,

(MBS.

OF

RELAXATION

of

DON

OF

PROTESTANTISM, VALENCIA,

FOR

GASPAR

SEPTEMBER

17,

Library of Universityof HaUe, Yc, 20, Tom.

CEN-

BE

1564.

XI).

(See p. 94).
CHRISTI

los auttos

Ffallamos,attento
dicho

fiscal

promotor

querella,Damos
consequencia
dicho

Don

cido por

Gaspar

con

insigniasde

de

sentencia

todas

por

las penas

testigosy

con
a

nuestra

santa

bien

por

provada,
el

desto

demas

haver

las dichas

nos

y
en

suso-

conven-

confessado,

proposiciones

cony que le devemos

y declaradas
el dia del aucto de la fe saiga al cadahalso

alii le sea
que
la qua! le declaramos
y

y endurecido
en

que

y por

cahen

ympenitentes y pertinaces,
y
el susodicho

intencion

pertinazmenteante

que
relaxado

pertinaz,obstinado
en

y
su

el

processo
que
acusacion
su

eumplidamente

tales condenadas

condenamos

miestra

bien

declarar y declaramos
que devemos
Centellas ser herege y estar suficientamente

y defendido

hereticas y por
y

del dieho

meritos

qua!

siificiente numero

affirmado
denar

prov6

INVOCATO.

pronunciamos

y
lo

de

NOMINE

con

fe

toda

porque
solicitud y

leyda publieamente esta

por herege abominable,

ello haver

los

yncurren
por

cahido

todas

seme

vias

se

y yncurrido
jantes hereges
ha procurado

de attraerlo y reduzirlo
toda
benignidad y miseri-

cuydado

catolica,ofreciendole

cordia de que el no se "a querido ni quiere aprovechar y pues la santa

madre
yglesiano tiene otra cosa ni remedio de que usar con el susodicho,
relaxarlo a la justicia
y brazo seglarcomo
pues el la menosprecia,sino
podrido,ynfecto,pestiferoy nocivo, porque otros no se
a miembro

padezcan con el,por esta

pertinaz y obstinado,lo relaxamos
ni

danen

nuestra

al muy

sentencia, como
ilustre

senor

herege

Don

Joan

Villamasa, Visorrey y capitan generalpor su Magestad en

Catalan,
magnificoMossen QuilleRamon
esta ciudad y Reyno 6 al muy
6
la
dicha
a
esta
c
riminal
quien
punicion y castigo
ciudad,
en
justicia
del dicho crimen pueda pertenecery pertenezca y a su senoria pedimos
affectadamente
rogamos
muy
y encary al dicho justicia
por merced
Lorencio

gamos

que

de

con

el susodicho

se

manden

haver y ayan

misericordiamente.

(555)

APPENDIX

556

Otrosi por quanto el dicho delicto y crimen

otro

comparacion que

sin

mayor

muy

heregiaexcede

de la

alguno por

cometido

ser

es

contra

de los
Magestad y por su graveza por que en
del no puede ser suficientemente punido ni castigadoy
perpetradores
de los que lo
y posteridad
la pena del sestiende It los bienes,progenie
las personas

la divina

sentencia declaramos

esta nuestra

cometen, por

bienes

sus

ser

confis-

de su Magestad desde el tiempo que

y fisco Real
acudir al magnifico
eometi6 los dichos delictos con los qualesmandamos
Gutierrez recetor deste S*" Officio en su nombre,
Bernardino
Mossen
herege
nietos y nietas del dicho don Gaspar Centellas,
los hijos,
hijas,
cados

" la

camara

descendientes
ympenitente pertinaz
y obstinado,

linea masculina

por

segundo grado y por feminina en primero, ser privados de

beneficios y officios ecclesiasticosy
todas y qualesquier
dignidades,
publicosy de honrra que los susodichos tienen y
seglares
que sean
en

possehen,y

ser

inabiles

para

yncapaces

ympetrar, tener

posseher

ni notarios ni
jurados,clerigos
otros de mievo, ni poder ser justicias,
otro ninguno officiopublicode onrra, e no poder traer sobre si ni en
su

persona

oro,

seda,grana,
perlas,
piedraspreciosas,
plata,

cavalgaren cavallo,hazer ni traer otra cosa

deste Sto Officio le son
que por derecho e ynstructiones

fino,armas,

ni pano

alguna de

las

prohibidas,
y

ni

por esta nuestra

pronunciamos,sentenciamos
cesso

chamelote

sentencia
mandamos

juzgando ansi lo

definitiva

escritos y

estos

en

pro-

pro tribunal!sedendo.
EL

LICENCIADO

Sentencia dada

DON

AGUILERA.

MIGUEL

VICH.

el licenciado
promulgada por el Senor Inquisidor
de Aguileralos dia mes
Bernardino
susodichos en presencia
y ano
susodichas
de las partes
las qualespassaron por ella.
" la publicacion
de la dicha sentencia
Presentes fueron por testigos
los discretes MiguelPerez de Huermeda, Pere Lopez y Francisco Pastor
Passo ante me, Miguel
notarios y muchos
otros vezinos de Valencia.
y

Bellot,notario.

IL
RELEASE

FEOM

PERPETUAL

(Procesode Mari Gomez, fol.xxxx.

PRISON

"

MS. in

AND

SANBENITO.

of the Author).
possession

(See p. 161).
Nos

los del

tocantes
contra

consejo de

sus

al officio de la Sta

la heretica

pravedad

Magdesque

Inqonhazemos
y

iintendemos
saber

vos

apostasiaen la cibdad

en

las

cosas

los RdOB inqres

argobpado de

DOCUMENTS

557

toledo y su partidoque vimos la Relacion

que per
biastes de los meritos del
de
man
processo
gomez
carrillo
vezino de daimiel por la qual paresce

herrerp

y condenada
^reconciliation

seiss dias del

un

anos

despuesaca

por otras cabsas que

con

la dha

em-

de diego
muger
fue
rrecibida
que

carcel perpetua y habito en diez

y
ano
pasado de quinientosy quarenta e
cumple bien su penytencia,por lo qual y
a

de Julio del

mes

.y que

mandado

nro

mari

nos

queriendousar

mueven,

voluntad

nuestra

gomez

de
de

es

piedad y clemencia
le mandar

comutar

la

penytenciade la dlia carcel perpettua y habicto en otras penytencias

espirituales,
por ende nos vos encargamos
y mandamos
que luegoque
esta nuestra
provisionvos fuere presentada comuteys a la dha mari
la penyteneia de la dha carcel perpettua
gomez
y habicto en otras
de
penytencias espirituales ayunos, rromerias y oraciones como
"
otros bien visto fuere,y ansi comutada
vos
mandadle
quitarel dho
habito

y soltar de la carcel

libremente

do

quisieree

por

en

estoviere para

que

bien

que se
tanto que

toviere,con

haya
no

y este

sea

fuera

de los reynos y senorios de castillay de leon y con

que haga y cumpla
todas las otras cosas
contenidas en la sentencia que contra ella se dio

pronuncioque fasta aqui no obiere fecho y cumplido e fuere obHgada a fazer y cumplir. Fecha en la villa de madrid a xvi dias del
de noviembre
de myll e quinientos
mes
e quarenta y cinco anos.
e

m.
DISABILITIES

OF

DESCENDANTS

PRISONERS.

OF

de Genealogias,
No. 916,fol.61).
(ArchivoGeneral de Simancas,Registro
(Seep. 178).
D. Crist6bal de Cos y Vivero,Secretario del Rey Nuestro Senor del
Consejo de S. M. de la Santa General Inquisicion
por lo tocante " la
Corona

de Castilla y de Leon
de Enero
del corriente mes

etc.
se

Certifico: Que en el dia diez y siete

Senor Obispo Inquial Exmo.

"

acudi6

sidor General por parte del Licenciado Don Mariano

Albarez y hizo presenteser publico
y notorio que en
setecientos noventa
Oficio de dicha

asuntos

el exercicio de

pleno
le

su

fu6

procesadopor

D. Mariano

Santander

profesion.Que

de el proceso

conocimiento

el

el tribunal
su

Padre

pasado de mil
y

del Santo
que

de

causa

expresadotribunal

manifesto

prision
que sufri6 con
ni obstaba "" sus hijos
perjudicaba
y

formacion
no

ciudad

ocho

ano

Santander

lo

es

y si solo por
que no lo fu6 por delitos de heregia6 apostasia
relativos " su comercio de Libros y haberse excedido tal vez

tambien

en

de

en

su

lo demas

con

un

definititiba que la
que en ella expres6

descendientes

para disfrutar

APPENDIX

558

los efectos civiles de los que a consecuencia de esta decision

Que sin embargo por
ha gozado sin intemipciony goza actualmente:
lo reserbado de los asuntos que se tratan en el Santo Oficio y mucho
de todos

el transcurso

con
por haberse tambien traspapelado
la
de
causa
certificado que de la decision

mas

Padre

del

exponente para
de

facil tratandose

era

en
incorporarse

cilleria hacer

su

"

antecedentes

que

en

correspondiente

el expresadoconsejode S. M.

en

representacioncon los
archivo concernientes a la causa
seguida

de la Santa

la
generalInquisicion
obran

Ohan-

quanto llebaba

duda
dar la

le mandase

Y vista

obstancia.

no

de

ningun genero

se
expuesto. Por lo que suplicaba

Certificacionde

se

Colegiode Abogados de aquellaReal

sin

constar

tiempo el

dio por dicho Tribunal al

resguardoy el de sus descendientes no
necesitaba para
pruebas formales como

unas

el ilustre

del

su

dicha

suso

de Valladolid y determinado en el ano

pasado de mil
en
setecientos noventa
y ocho contra Don Mariano Santander,Padre del
vino en declarar
exponente,por comercio ilicitode Libros prohibidos
de
mismo
este
mes
que la referida
y declar6 en Decreto de diez y nuebe
el Tribunal

causa

no

obsta al nominado
ni

como
perjudica
publicosy de

mandando
civiles,

se

Santander

Mariano

Albarez,ni le

para obtener Empleos

ni para disfrutar plenamentede todos los efectos
le diese certificacion para su resguardo
y lo demas

tampoco

honra

Don
"

sus

Descendientes

Eu cuyo cumplimientodoy la presentesellado con

le convenga.
Madrid " viente y siete de Enero
la sella de la generalInquisicion
en
que

diez y ocho.

de mil ochocientos

DON

CRISTOVAL

DE

Cos

VIVERO.

IV.
CONSULTA

(MBS,

Senor"

OF

SUPREME

THE

of Bodleian

Los

COUNCIL

OF

PORTUGAL, JANUARY

17,1619.

Libraryof Oxford,Arch. Seld. A, Subt. 17).

(See p. 275).

de
Inquisidores

la Ciudad

de Coimbra

su

distrito

V. Md la relacion inclnsa de las personas

que salieron en cl
Auto de la Fe que se celebr6 en aquellaciudad el Noviembre
passado,
algunosde los qualespoco antes avian sido presos en la ciudad del
Puerto, y con esta ocasion el Obispo InquisidorGeneral escribi6 "
V. Md que sin ningun escrupuloaffirmaba
que todo Portugalen la
enviaron

materia
dio
que

de Judaismo

pronto

para

amenazaban

que

estaba contaminado

y que

aquellosreynos de V. Md

tantas

heregias,
porque

convenia

remeaplicar

tuviessen los castigos

el Judaismo era muchissimo,
no

DOCUMENTS

los

559

sacrilegios
infinites,
canonigospresos, Frayles huidos, y

quatro
las carceles del Sto Of*0 y que pudiera decir a V.
le impiden las lagrimasy que vuelve " acordar a V. Md, aca-

Monjas inclusas
Md

que

en

de

bando

celebrar,que es necessario remedio breve en que muestre

reformando
estos males; porque
su pecho catolieo,
no
ay Reyno
sin fe y buenos costumbres; y que " V. Md le conviene no solo tener
vasallos sino buenos vasallos,
lo dicen los Santos ;y que postrado
como
" los reales pies de V. Md dice lo que entiende y lo en que ha pensado

V. Md

muchos

tiemposha.
lo que el obispoInquisidor
General apunta de quan inficionados
Judaismo
estan aquellos
Reynos con continues sacrilegios
y graves

Todo
de

offensas

Sr, de que se sigue grandissimo escandalo al

es muy
pueblo christiano,
presenteal Consejo,y con el sentimiento
que

de Dios

debe

se

Nro

calidad

del remedio

vezes

de gente tan

de materia

puede

que

infiel y

tan

aver,

grave,

se

ha

tratado

aquellosReynos
expurgar
evitando los castigos
comun,

para

pertinaz,sin dano

generalesy trabajosque por su respeto se entiende

mismos
Reynos tantos'anos ha.
Y

unos

porque

de los medios

porta al servicio de Dios

y de V.

en

lo

aora

adequadospara lo que
Md se juzga que seria de

hacen, y

se

los enemigos de V. Md

con

podia executar,para

que

considerandolo

" esta

Virrey,lo que
diligencia
(que debe ser

lo que

le

esta muy

como

brevedad) dira el

de ella huviere

voto, que

su

con

que

se

todo consultassen " V. Md por

les offreciesse,
que

se

con

se

satisfaga

consejo"

resultado,
y Mendo

V. Md

de la Mota

bien considerado y tendra

entonces

propio lugar.

mas

Y
se

pareciere
y

caudales

Marques de Alenquer,Virrey,que
al Obispo Inqr Gen1 que tratasse este

del mismo

en

im-

desterrar

gruessos

parte de V. Md encargasse
punto con los del Consejo General del Sto Of*0 y el modo

propone

tanto

escribid al

de

orden

padecen los

nuevos

pobresno podran ayudar "

como

que

que, siendo presos por el Sto Of10 fuessen conperdimientode las haciendas para el Fisco,pues iendo

" los christianos

denados

mas

muchas

Portugalse hace aora visita generaldel Sto Of10 de que

seguidonotable fruto;porque se prendieronmuchos Christianos
dos Monjas de S.
la ciudad del Puerto, particularmente
en

porque

ha

nuevos

en

Francisco y otra de S. Bernardo y en Coimbra dos Ganonigos de aquella

Diaz de la Sylva que vino proFernando
de los qualeses uno
Iglesia,
canonicato y por instancias que hizo el Nuncio,
veido de Roma
en
un
de

Santidad,en

V. Md
favor,permitib

le diesse

en

nombre

la

que era Juez Apostolico,

possession,
y en Lisboa a Marcial Nunez
persona
todo lo qual consta lo poco que se puede fiar de qualquiera

de
de

essa

En
no

ser

de

ser

su

su

que

se

Nacion.
esa

Corte viven muchos

de

naturales de Portugal,
ella,
que^por

que tienen necessidad

conocidos,se presume con fundamento
el Consejo " V. Md que debe
visitados por la Inqn. Acuerda

DOCUMENTS

561

qualquierinconveniente que se pudiesserepresentar. En otro de lo

puntos trata el Consejo de Portugal que convendria visitar expressatodos los de la nacion que de aquel Reyno huviessen passado
mente
" los de Castilla;
que el Inqr
y para hacer esta visita es necessario
Gen1 6 Consejode la Inqn de Portugalembie una listade los Ghristianos
de aquel Reyno que andan por Castilla. Y si algunos de ellos
nuevos
de particular
tuviere sobre si causas
sospecho en materia de la Fe lo
Y se me
las cartas para el Inqr
embiaran
apunten en la margen.
Gen1 de Portugal en la forma y por la via que se suele,para que Yo
las firme. Y en lo demas que contiene la dieha consulta quedo mirando
para responder" ella, Rey.
"

v.
CASES

OF

HERESY

TRIED

BY

TRIBUNAL

THE

1455

OF

VALENCIA

BETWEEN

1592.

AND

(Archive historico nacional,Inquisicionde Valencia, Legajo 98).

(See p. 345).
Cases.
63

Year.
1455
1461
1482
1485
1486
1487
1488
1489
1490
1491
1492
1493
1494
1495
1496
1497
1499
1500
1501
1502
1503
1505

34
41
25
21
22

36
31
40

37
40
47
42
44

20

58
.

1
61
.

25

2
39
69

112
.

1506

79
.

1507
1508
1509
1510
1511
1512
1513

53
79
37
49

12
.

VOL.

Ill

36

15

APPENDIX

562
Year.

1549
1558
1560
1563
1564
1565
1566
1567
1568
1570
1571
1572
1573
1574
1575
1576

In

2
15
62
38
66
41
54
68
16
55

32
34
16
20
16

Legajo 300

Valencia

from

of the

1486

to

same

Cases.
13
15
24

Year.
1577
1578
1579
1580

37

1581
1583
1584
1586
1587
1588
1589
1590
1591
1592

22
8

29
64
35
21
94

49
270
117

Amounting

archives there is

1593.

under
arrangedalphabetically
ending with
incomplete,

in all to 3125

list of relaxations in

As

customary

the

baptismal names

the letter N.

cases.

in these

From

it
registers

and

is

nately
is unfortu-

other similar lists

letters A-N

it appears that the

comprise substantiallyfour-fifths
if
and
therefore
of the whole
twenty-fiveper cent, be added to these
it will probablygivea close approximation
to the whole number.
figures
it
the
results.
following
Arrangedchronologicallypresents

Year
1486
1487

1489
1490
1492
1493
1496

Relaxed
in person.
10
10
8
18

In
Absent.

Year.

12

18
1

1497

1498
1499
1500
1501
1502
1503
1505
1506
1508
1509
1510
1511
1512
1513
1514
1517
1520
1521
1522
1523

79
28
63

3
15
13
4
13

51

22

12
9

1
12
52
4
27

48
3
10
32
8
1

8
6

1524
1526
1528
1529
1530
1531
1533
1536
1537
1538
1539
1540
1544
1545
1553
1554
1563
1564
1566
1567
1568
1571

1572
1573
1574

1575

6
8

1576
1577

DOCUMENTS
Relaxed
Year.
1578
1579
1581
1583
1584

In
Absent.

in person.
3

effigy.
Dead.

15S6
1590
1592
1593

1
1

Relaxed
in person.
3

Year.
1

553
In

effigy.

Absent.

Dead.
2

121
6

The

aggregateof this listis 515 relaxed in

of whom

189

If to these

and
fugitives

were

we
figures

of the record

add

194

person

and

383 in

were

twenty-fiveper

cent, for the

missingportion

shall have

644 relaxations in person and

effigyas the result of a hundred and eightyears of the most
periodof the tribunal of Valencia.
we

effigy,

dead.

479 in
active

VI.
BRIEF

OF

CLEMENT

VII

INQUISITOR-GENERAL MANEIQUE, JULY

TO
LUTHERANISM.
15, 1531, RESPECTING

(Bulariodel Orden

de

Santiago,Lib.

I. de

copias,fol. 98).

(See p. 423).
Manrique, Sancti Calixti presbyterocardinal!,

Dilecto filioAlfonso

HispaJensi
nuncupate,
salutem
Dilecte fili,
diea

relatione

ad

PP.

VII.

benedietionem.
Cum sicut vereapostolicam
nostri apostolatusauditum
displicenter
pervenit,

propter libros errores

Legionisac Aragonum
filiinostri

Clemens
et

Lutheranos

continentes

regnorum

et dominiorum

Carol!Romanorum

qui ad loca Castellse

imperatoris
semper

et

charissimi in Christo

Augusti qui etiam

hseresis Lutherana
Hispaniarum rex existit delati fuerunt,damnata
in aliquibus
locis regnorum
et dominiorum
prsedictorumpullulare
filiihseresiarcha
iniquitatis
coeperitet ad presens varia et erronea

dogmata jam usque adeo invaluerunt et in dietis regnis

et dogmata imiet dominiis multi reperiantur
qui hujusmodi errores
et nonnulli hujusmodi erroribus
tent et publicent
ac tales libros vendant
sanctorum
infecti sanctse matris Ecclesise prseceptacontemnant
ac

Martini

Lutheri

patrum

decreta

acienda
parvif

mendaciter

affirment et multas

blasphe-

ejusquegloriosamgenetricemintemeratam
Virginem Mariam ac sanctos Dei proferantet varios
semperque
in gravissimam
committant
diverges errores
haereses introducant
ac
ofiFensam et catholicse et orfchodoxse iSdei scandalum
divinse Majestatis
salutis pemiciem
enervationem
ac animarum
et auctoritatisapostolicse
mias

in

omnipotentem Deum

APPENDIX

564
et

detrimentum
irreparabile

nici huic nefarise hseresi ne

remedio

salute

omni
proceclat

in deteriora

gregisdomi-

quo

possumus

debita arctatione et correctione

illiussectatores

ac

occurrere

est pro

Nos, quorum

tuae,quse ecclesise Hispalensiex concescircumspectioni

compescere,
sione et dispensations
apostolica
prseesse dignoscituret inquisitor
in partibusillisexistit et de cujus prudentiaet rectitudine
generalis
obtinemus

fiduciam

specialemin domino

cujusexistant,
prseeminentise

contra

quoscumque

ordinis et conditionis seu

gradus,
status,
et archiepiscopali
seu
dignitate
ecclesiastica,
episcopali
et quacumque
cumque

mundana

auctoritate

ducali

etiam

ipsiusMartini
praefulgeant

et

aliorum erroneorum
dogmatum sectatores,sequaces, fautores et defenaut illisauxilium consilium et favorem,directe vel indirecte pubsores
auctoritate nostra inquirendi
ac hujusmodi
prsestantes,
tamen
labe infectos,non
capiendiet
episcopos et archiepiscopos,
carceribus mancipandi,necnon
torum
juxta canonicas sanctiones et sancvel conexcessuum
exegerit
prout qualitas
patrum instituta,
lice vel occulte

et ad cor redire nolentes

expedirepuniendi,
veluti
dictse ecclesise communione
separates et
putridamembra
a
Sathana
et
damnation!
seternse
divisos esse ac
cum
ejusaddictos,
angelis

scientisefuerit et videbitur

et

perpetuo infames

et intestabiles esse, et corpora

sepulturaecclesiastica

defuncti fuerint

carere

postquam

eorum

debere

denuntiandi

et

declarandi;et si ad veritatis lumen redire et hujusmodi hseresim

et episcopi
etiam si archiepiscopi
fuerint,
abjurarevoluerint,
postquam
ac
deposuerint

suam

errorem

doluerint idque humiliter

prsemissis
excomfuerint,ab omnibus et singulis
de

si alias relapsinon
petierint,
ecclesiasticissententiis,
et interdict! aliisque
municationis,
suspensions
censuris et pcBnisquas prsemissorum occasione quomodolibetincur-

rerint,et ab hujusmodi excessibus,delictis et criminibus

absolvendi

ecclesise consueta

et

contracta

dispensandi
omnemque

maculam

penitus absolvendi

sedis

apostolicse
gremium

ac

necnon

in forma

quomodolibet
super irregularitate
inhabilitatis et infamise notam
sive
eos

rehabilitandi et ad

gratiam et benedictionem

nostrum

et

restituendi

reponendi,omniaque et singulaalia quae ad hujusmodipestem reprimendam

et radiciter extirpandam necessaria et opportuna esse
dignoseuntur
et ad officium inquisitoris
tarn de jure quam
consuetudine
et

et
pertinent
pro

in
generalibus
quse tibi et aliisinquisitoribus

tempore

-tarn per
deputatis,

decessores nostros
ordinandi

quam

per

nos

quoscunque

Romanes

quomodolibet concessa

partibusillis
pontifiices
praesint,faciendi,

exequendi ac auxilium brachii ssecularis invocandi et

ad prsemissaomnia
et singulasi et quando expedirevideris viros
simili aut limitata facultate subdelegandi
et
aptos et idoneos cum
eis
deputandiipsosquequotiens
opportunum videbitur revocandi ac
loco ipsorum alios similiter idoneos deputandi,plenam et liberam
auctoritate
apostolicatenore prsesentiumfacultatem concedimus.
et

Nonobstantibus

fe.

re.

Bonifacii papse

VIII, pradecessorisnostri de

DOCUMENTS
et concilii

una

tutionibus

generalisde duabus

contrarlis

535
disetis et aliis apostolicis
consti-

quibuscumque;aut

si Lutheranis

adhserentibus,

fautoribus

et aliisprsefatis
vel quibusvisaliiscommuniter
receptoribus
vel divisim a dicta sit sede indultum
quod interdici,
suspendi vel
excommunicari
vel
aut extra
ultra certa loca ad judicium evocari
litteras
non
facientes plenam et expressam
possintper
non
apostolicas
de indulto hujusmodi mentionem
ac
et quibuslibet
aliis privilegiis
et
litteristarn apostolicis
sub
tenoribus
regularibus quibuscumque
quam
concessis per quae prseseritium
singulis
litterarum et vestrse
prsefatis
in prsemissis
jurisdictions
executio quomodolibet impedirivel differri
posset quse quoad hoc ipsisvel alicui ipsorum nullatenus suffragari
debere decernimus.
Dat. Romse
nee
Petrum
posse
apud Sanctum
sub annulo piscatoris,
die XV.
Julii MDXXXL,
Pontificatus nostri
octavo.

anno

EVANGKELISTA.

"

VII
LETTER

CHARLES

OF

INQUISITOR-GENERAL VALDES

TO

BRUSSELS, JANUARY

FROM

25, 1550.

de Barcelona, C6rtes,
(Archive de Simancas, Inquisicion
Legajo 17,
fol. 83).
(See p. 425).
Erasso

la relacion que embiastes de lo sucedido sobre

de aquellas
de Valladolid,
casas
y por lo que los del

mostro

nos

el derrocamiento

han

nos
Consejo de la Inquisicion

llevar por
que dello
de Bohemia
sobre
mas

terna

no

que

semejantescosas
los dias

respetoque

sin notable

se

provee

pasados,y
es

que

habian

aquelloesta bien por que

pudieraser

parescera para que

el

entendido

ello ha sido de

escriptolo

han

hijosme

todo,y paresce

ordenamos
que

mis

adelante

sucedan

lo havemos

qualidadque se pudiera
otros terminos,y no ponerse este negociotan adelarite por
no
puede haberse seguidoningun buen fruto,y los rreyes

particularmente,
y cierto

mas

consultado

se
razon

se

tome
a

nos

que

mandado

inconveniente,
y porque
se

en

ponga

algun termino

en

al Santo

no

lo que
junto con lo

execucion

inbie relacion dello

lo tocante

proveer

si se obiera de pasar

estos

negociosy

se

Oficio.

el memorial
en
De los que nombrastes
pasadohabemos elegido
para
licenciado
al
cortes
Otalora;
esta
vaca
la plazade la Inquisicion
por
que
el
deis
le
en la forma
despacho
os
que se acostumbra.
luego
encargamos
ha hecho
aun
no
se
La provisionde las Iglesias
que estan vacas

APPENDIX

566

quando

dello

tratare

se

se

mirara

lo que

en

habeis escrito

nos

cerca

de

Inquisidores
pues
y otros oficiales,
cargadosde pension.
que estan muy
ban visto las proposiciones
tra
que conEn lo del doctor Egidioacaso

la

los salaries de los

de
perpetuidad

tomaron
a escribirlos Inquisidores
el resultaron y lo que ultimamente
ciudad
os
hallais
en esa
proveais
encargamos
de Sevilla,
y pues os
brevedad
la
mas
con
la
bien
verdad, y
que ser
que se averiguemuy
antes que se
pueda, y se nos consulte lo que parescera en su causa
al servicio de
6 de otra combiene
determine,porque de una manera
frai Domingo
se de prelado,
y porque
Iglesia
Dios y nuestro que aquella
diciendo
lo que cerca
este negocio
en
de Soto nos hablo algunasveces
las escripturas
del le escrevistis por lo que se le mostraron
que embia-

los del

ron

Consejo y por

convenia

que

causa

entendiesse

que

assi
paresciendose

esta

las

en

proveereis
que

y
le

se

sus

letras y doctrina

creemos

deste negocio,
qualificaciones

comuniquen.

Despues desto escrive Erasso que podriaser que

comodidad para esto.
lo de Sanctiagooviesse mas

con

aver

vacado

VIII
LETTER

VALDES

INQUISITOR-GENERAL

OF

TO

PAUL

IV, SEPTEMBER

9,

1558.

Sala 40,
(Archivede Simancas, Inquisicion,
(See pp. 436 and 521).
SU

PARA

Libro

4, fol. 230).

SANCTIDAD.

Sanctisimo Padre:
No

he

antes
scripto

partes nuevamente
de

son

como

se

se

avido

parezca

que

buya

culpa de

toda

cargo
cosas

la

de
que

V. S.

tocaren

que

descubrir

para
dilacion
alguna

en

ni de otra

es

nuestro

quien humilmente

esto

mas

primero hacerse las

en

suplicoa

ellos y
V. S.

no

aunque
lo atri-

sino al deseo que yo y los

estas cosas tenemos en cumplir

cosa

officioque tratamos

lo que
vigilancia

confianpaque

obediente

an

hecho

descuido

ministros del sancto

con

an

V. S* de los herexes lutheranos que en estas

descubierto por pensar que siendo los negocios

convenia
grand inportancia

muy

dilixencias que

cargo

en

se
suplico

servicio de dios y desacuerde de mandar

las

al servicio de V. S. y de su sancta sede apostolica

con
mi
deseo
merece
y fidelidad de hijo y siervo muy
memoria
de favorecer las cosas
siempre tenga
del

DOCUMENTS
sancto

officiocon

567

la aficion y voluntad

que lo a hecho para que en tiempo

la
extirpenlas herexias y se ahumente

felicisimo

de

su

F.

Hispalens.

pontificadose
fee catholica y rreligion
Christiana como
espero en dios sera ansi y por
no
cansar
a V. S. con
largacarta me rremito a la rrefacion
que va con
esta por mano
del dean de oviedo y de joan de vedoya que tienen
de
cargo en esa corte de los negociosdel oficio de la santa Inquisicion
las provincias
mi
Guarde
la
dios
estan
sancta persona
a
que
carga.
muy
de v. beatitud por muchos
servicio
buen
anos
su
govierno de
para
y
valladolid 9 de setiembre 1558.
S.V. Servus humilis,
su yglesia. En
La Relacion

Despues que
sus

secaces

se

se

an

embio

se

que

con

la carta

su

Santidad

"

a tenido noticia de las herexias y herrores de lutero y

estendido por muchas
partesde la cristiandad la pro-

vincia que por la gracia

de dios mas
libre a estado desta macula a sido
los rrinones de espaiiapor el gran cuidado y vixilencia de los ministros
del santo

oficio de la

algunospocos

Inquisicion
aunque

dellos
otros estranjeros

y condenados

sido convencidos

an

naturales

por herexes
que merecian

las penas
destos herrores y executados
en
sus
personas
los que an podido ser avidos y contra otros que se an ausentado se
en
rebeldia y an sido condenados
ausencia y contuen
su
en
a procedido

macia.
A

de

sucedido

los
parte poco mas 6 menos
que como
e yndicios
que tuvieron comendilixencias
ciertas
de aquella
hacer
contra
inquirir
personas
y
un

ano

esta

de sevilla por ciertos avisos

Inquisidores
garon
cibdad

y esto vino

noticia de

unos

frailes del monesterio

de sancti

della que son de la orden de los hermitanos de sant

geronimoy entendieron ser culpadosluegose ausentaron del monesterio
y del argobispado
y del reyno y entiendese que estan en alemania los

ysidroextramuros

de los

nombres

qualesvan

en

el monesterio

quedaron en

una

memoria

estan

presos

questa con
en

la

esta y de los que

de
Inquisicion

Sevilla

de otras personas sus conplices.A esta sagon que

hera venido a sevilla un hombre
esto acaecio supose tanbien como
espanol llamado Julian que venia de alemana y traia cartas de un

ochos frailesdemas

herexe

alia esta deste reyno llamado

cibdad y que
de aquella
principales
que

libros de herexes

ansi

en

latin

como

en

para ciertas personas

avia traido muchos

Joan perez
tanbien

lengua espanola y los

avia

bien. Este hombre

ciertas personas que se los pagavan
fue avisado y encubierto y persuadido
que luego se ausentase
porque
de
ansi
ausento
manera
se
lo sabrian y le quemarian y
los Inquisidores
fue
la,
sierra
los
en
de
dilixencia
Inquisidores preso
que por buena
fue traido y esta preso el
treinta leguas de sevilla adonde
morena
dias estuvo muy
al principiomuchos
pertinazen sus
qual aunque

repartido
por

herexias

dixo

personas ya parece que muestra

quiererreducirse a la yglesiacatholica. De la

de otras

arrepentimiento
y que
deste y de los
prision

muchas

otros

an

rresultado otras muchas

prisiones
que

DOCUMENTS

569

de

expiriencia
y de la dignidadque tiene asista con
Inqiiisidores
los negociosde alia y
y personas
en
que entienden
de color y auctoridad a lo que aliise hiciere demas de lo
que el Inquisidor
el
generaly
aiudan de la corte con todo el
consejode la Inquisition
cuidado y dilixencia posible por la auctoridad rreal
porque la magfc
inperialy rreal y la serenisima princesaen su nonbre han hecho toda
demostracion
todo favor ansi con sus
y dado
cartas y provisiones

que
los

como

persona

socorriendo con diez mill ducados para los gastos

que se an hecho
hacen
y
porque del officio no avia un maravedi
que aun
para las prisiones de los que se avian ausentado
fue necesario quel argobispo
lo
Inquisidor
general proveiesede su camara.
como

Puesto
ni

hecho

las dilixenciasposibles
en que no
se vendan
traigana estos reynos libros prohibidosque an sido la principal
deste dano y sean
hecho censuras
dellos todavia los herexes

se

causa

que

stan

que

se

an

alemania

en

partes que parece han tenido correalgunosdestos partes an tenido forma para meterlos y

spondencia con

otras

en

para que en el rremedio

cacion de estranxeros
de

vixilancia y que la comunidano en

provinciasdanadas no hagan mas

da orden

con
Inquisidores

estas

se

tantes

mas

que vaian y rresidan

de la mar
y lugaresdonde

las costas

por

desto aya

gentes de la calidad

aver

concurso

officiales
de trac-

dicho.

esta

que

suele

sus

al

principio
sition
que se instituio el officiode la sancta Inquiestos rreynos
en
en
tiempo de los reyes catholicos de gloriosa
todos los oficialesque heran menester
memoria
avia ynquisiciones
con
formada
casi en cada obispadoy como
nuendo
dimipara Inquisition
yvan
aunque

las confiscaciones de las haciendas

se

los officialesse*ivan

pagavan

hasta
inquisiciones

que

en

que

del sancto

que
officio y

algunas
pasados el rremedio

veces

aunque

los que
que se
centasen

mas

agora

que

el

numero

son

que

con

que

de las
ay

sition
inqui-

aun

sido de poco inconviniente para la auctoridad

de algunescrupulo
y
para los que tractamos

se

desto

facilmente

por los
puesto en platica
no

dado

se

tiempo es

creese

tan

sumos

pontificos

de
neglixencia
las
herexias
de
peligroso
que por

conviniente y necessario que se accrelas avia y que los salarios

al principio

perpetuasenlo qual se
S* aplicaralgunas rrentas

officialesy

mandando

su

se

de dios y seria
iglesia
enpleado en sustentarse la Inquisicion
que a andado y anda
quebrantado por falta desto y aunque en todos estos negociosse

eclesiasticas que

entiende
para

no

como
Inquisiciones
los
sustentar
poder

para
podria hazer

muy

las pocas

en

solicitaron y segund el
levantado parece muy
an

fuesen

mexor

acortando

tanbien

y aun
para los officiales
que tiene en su partidoquince obispados
los
salaries tenues que les
ella rresiden no ay con que cumplir

senalados

estan

quedo

de los condenados

con

adelante

susentar

sirven

toda

la dilixencia

si el sancto

el rremedio

de poco

de lo

fructo

posible no

la

en

que parara
de que se
tiene
Inquisicion
aficion
spera de su santidad segundla

officiode la

qualse

savemos

no

APPENDIX

570
y

tiene de hazer merced

a tenido siempre y
cuydado particular

y favor

officio.

al sancto

Considerado bien

negociosparece que

estos

dexan

no

do tener

el

joan de oria
lexos y que las herexias que el maestro
de mas
principio
fue acusado y los herrores que vinieron los qualesllamavan alumbrados
dexados naturales de guadalaxaray de otras lugaresde reyno de
o

partesheran de la simiente destas herexias lutheranas

sino que los Iiiquisidores
que en aquel tienpo conocieron de aquellos

toledo

de otras

que conviniera
de los culpadosa

la execucion

algunos
y

que

de

tres por

para adelante

se

como

rrepresentan

la

desta

en las cosas
espiriencia

sucedido el dano

entendido

rreconeiliacion el aflo

aora

que

se

pertinaces

ser

se

alcangarlos jueces los inconvinientes

no

con

esta dicho

tanbien

como

exidio

admitido el doctor

averse

cinquenta y
dad

aver

rroma

ydo

aver

acoxida

alii buena

hallado

de

usar

para

rrigorlo qual y

mas

con

sucesion dellos

herrores y dexar

sus

hacerse

ellos les dieron ocasion de atreverse

con
dispensando

en

herrores lutheranos

praticosdestos

estavan

no

causas

descubre

en

de
que

qualisevilla

nados
culpadosde los que fueron apasionados
y aficiopor ser los principales
de quien les quedo el lenguaxe de
y sequaces del doctor egidio
sus

herrores y falsa doctrina.

tiene entendido
Ansi mesmo
se

que algunos perladosy frailesy

de
estos rreinos tienen libros prohibidos

en
particulars

otras personas

herexes y de herrores lutheranos y aunque se an publicadolas

que por el sancto officio estan proveidasy discernidas para

auctores
censuras

los tengan y los exhiban a los officiales

que para esto estan
officio
los
dexan
de
el
sancto
tener diciendo que
nombrados
no
por
que

no

del peligro
tienen facultad y licencia apostolica
para ello y demas
que
los
los
leerlos
tienen
entiende
suceder
como
en
en
se
podria
que de
que
leerse an danado algunosletrados y otras personas es tanbien de mucho

peligroque algunosde
los de

dello convernia

santidad

su

que

los tienen dexan

entran

que

y personas

casa

su

los que

graves

luego

catholica y
iglesia
que no los tengan

la

penas
al sancto

los que
munion

officio y que
hizieren lo contrario
late sentencie

el santo

por
y

que

tiene rrelacion

por su breve
tener libros prohibidos

para
officio mandando

los que

tienen

ansi

frailes

curas

sacerdotes
qualesquier
si tienen libros

hagan preguntas particularsa

doctrina o si saben
o de mala
prohibidos

quien los tenga

catholica

contra

dicho alguna

ayan

lo que

cosa

tiene la sancta

que

los que hallaren que algodesto tienen

que

vaian

decirlo

algunos confesores

a
se

la

los

con

entreguen

pueda procedercon todo rrigorcontra

e imponiendograndescensuras
y exco-

los confesores

dado

an

se

segund se
rrevocando

proveyese

todas las licencias y facultades que

por

ella

en

leerlos a

libremente

Inquisicion
porque

entiende

que

avido

penitentes
hagan oydo

contra

nuestra

madre

de
iglesia

saben.

no

sancta
rroma

los asuelban

del descuido
mucho

otros

como

los

dario

fee
y

sino

malicia de
so

color de

DOCUMENTS

correcion fraterna y
la clausula que

de

571

ynconviniente
parece que dexa de ser de mucho
las bulas de crugaday otras bulas se concede facultad

en

no

poder elexir confesor qual quisierenpor

buena

tener

Atento

los ciirados de

cuenta

que

esto

con

pueden

no

perochianos.

sus

lo

qual y que estos herrores y herexias que se an comengado

de luthero y sus secaces
a domaticar
sido a
en
an
y sembrar
espana
de sedicion o motin y entre personas
manera
sido en
a
principales
linaxe
gran

rreligion
como
y hacienda
sospechaque podriansuceder

de la

benignidadque

de la

ley de moisen

se

usado

en

deudos

en

de quien
principales

mayores

danos

el sancto

officiocon

si se

usase

ay

ellos

con

los convertidos

sido
an
y de la secta de mahoma
que comunemente
baxa
de
alteracion
temia
ni
escandalo
el
gente
quienno se
en
y
reyno
como
se
podria tener o sospecharen los culpadosdestas materias
lutheranas ansi por lo ya dicho como
por ser materia de libertad de

obligaciones
y preceptosde
y

se

aficionaria facilmente

la

iglesia
que el pueblo tiene por pesados
libertarse y podriaser que los Inquisidores

de ser llaapostolicos
y consultores y tanbien los ordinaries que an
mados para la determinacion
de los negocioso algunosdellos al tiempo
de votar
al

tuviesen

y sentenciar los procesos

brago seglaralguno de

los

algun escrupulode rrelaxar

serian personas

culpadosque

de calidad

las penipara admitirlos a misericordia se sospechaque no cunplirian

tencias o carceles que les fuesen impuestas con la humildad y paciencia
baxa suerte y por la
que lo suelen hacer las otras personas de mas

qualidadde las tales personas

y de

deudos

sus

podriansuceder

mayores

lo de la
en
y escandalos ansi en lo de la rrelixion como
publicapaz y sosiegodel rreyno y por todo esto convernia mucho que
breve a los Inquisidores
santidad concediese y mandase
su
por un

inconvinientes

de yrregularidad
ni escrupulo
apostolicos
y consultores que sin temor
ni de otra cosa pudiesenrrelaxar y rrelaxasen al bragoseglaransi a las

culpadasde quien verisimilmente

personas

alteracion

en

del reyno como

fueren
mente

la

Christiana
republica

se

pudiesetemer

sospechar

de
perturbacion

la paz y quietud
los que principal-

domagtitasdestas herexias y a
culpadosen quien a los juecespareciereconviniente
los

usar

de la execucion de la justicia
exemplar aunque fuesen personas constituidas en qualquier
o pontifical
y eclesiasticay de qualdignidadseglar

quier orden habito

causas

rreligion
y estado

procediendocontra

tencias dando

los dichos

ellos

que
cautura

Inquisidores
y

conociendo

sean

y execucion

consultores

de

de

sus

libre

sus
sen-

poder y

del rrigor
alvedrio para usar
que la calidad de los negociosy tiempos
de lo contrario dellos para lo fucturo lo rrequiere
y que se
y del temor
puedan estender etiam ultra terminos juriscommunis.

Algunos anos
sino muy
dias aca
personas

pocos

en

que

en

estas

no
Inquisiciones

los herrores de la lei de moisen

de murcia se
Inquisicion
culpadasen esto del judaismoy aunque
que

en

la

an

hallaran

se

hasta

culpados

aora

descubirto
de

algunosse

de pocos
muchos
a

hecho

APPENDIX

572

acto solene que alii se celebro de la fee estan

en
un
justicia
personas de calidad que no es
para prenderseotras muchas
ynportanciaque los otros negociosque se ofrecen.

Ansi

y ai mucho

avido

mesmo

en

que entender

presos

de

los

con

menos

nuevos

de los reinos de castillagranadaaragon y Valencia

la seta de mahoma
a ververia
se pasavan
en
que por bivir libremente
de guardarlas cerimonias
de los que quedavan no dexavan
y los mas
de la dicha secta a se dado la mejor orden que a sido posible
para mas

convertidos

de

de
asegurarlos

moros

que

an

de

ser

tractados

con

clemencia

parecio

como

enmienda
y buena ynstrucion
que convenia para su quietudy para su
las ofensas que cometian contra
y doctrina Christiana para que cesen
la execucion de la
dios nuestro sefior con su mal bivir y para justificar
los culpados.
justicia
y castigoque se hiciere en

IX.
EXPULSION

OF

ENGLISH

AND

SCOTCH

PKOTESTANTS

1625.

IN

Libro 19, fol. 239).

(Archivo de Simancas; Inquisicion,
(See p. 466).

Luego que por el ano de 1605 se hicieron las paces entre el

Sefior Eey Don Felipe3, Padre de V. Magd (que santa gloriaaya) y
Serenisimos Arehiduques con los Reynos de Inglaterra
y Escocia,para
Senor.

de ellas
lo's capitulos

que

precediendopermision de

al comercio
pertenecientes
su

tuviesen

Santidad,parecio conveniente

efecto,
ordenar

las personas que de los dichos Reynos de

de la concienInglaterra
y Escocia pasasen a los de V. Mag4,por razon
no

que

fuesen molestados

efecto se
como
con
religion,
Reynos,solo con fin de asegurar mas
cia y

rompido

como

es

notorio sin

tomando
Inglaterra
de la
me

permisionque

las
su

armas

causa

mand6

" las

de
Inquisiciones

estos

la contratacion y paz, y haviendose

ni razon
por los diehos Reynos de

contra

Santidad di6

los de V.
en

Magd cesan

las

causas

consideracion de las paces, y

obligadoen conciencia " procurar obiar los inconveniences

pueden resultar " los catholicos de la comunicacion y
los naturales
perniciosos
herejescomo
son
y pertinaces
Reynos, no permitiendo
aquellos
que vivan ni esten en estos de V.
hallo

y dttnos que
trato con tan

de

Magd y

lo contrario

contravenir

" la voluntad de

su Santidad y
de
fielvasallo
de
V.
obligaciones
Mag* y de mi officio
y para cumplir con todo he ordenado que se publiqueun edicto en esta
corte y en las ciudades y lugaresprincipalsde estos Reynos
para

faltar yo " las

sera

DOCUMENTS

que

todos los naturales

573

de los de

Inglaterra
y Escocia que no
Santa Iglesia
catholica Romana

Catholicos y reconocieren " la

dentro de veynte dias de todos los Reynos y senorios de V.

fueren

salgan

Magd

con

apercebimientoque pasado el dicho termino seran

castigados
por el
officiolos
santo
transgresores,
y de hacerlo assi resulta muy
gran servicio a Dios y benefficio " estos Reynos, donde la santa fe catholica
se

ha conservado

V.

Magd

mediante

de
vigilancia
senores
Reyes sus predecesores,
y por ser negociograve
V.
noticia
lo
he queridoexecutar sin
razon
Magd
no
tenga
en

su

pureza

y de que es
dar dello cuento

servido.
Senor

el santo

celo y

y los

primero a V. Magd que

Madrid, 9 de Noviembre

En

todo mandara

en

de

1625.

OF

lo que fuere
Senalada
del Hlmo

Inquisidor
general.

X.
EDICT

(From

PROHIBITION

OF

Formulary in

esta

de
nacional,Inquisicion
Toledo,Legap 498).
(See p. 484).

se

y libros que

de

historieo

Archivo

PARA

CARTA

Con

BOOK.

le remite el edicto

que se prohivenlos papeles

reciviendole en el primer dia

ynclusofen

el se mencionan, y asi en
al ofertorio de la misa
le hara publicar
6 fiesta de guardar,

en

Domingo

EDICTOS.

REMITIR

de la villa 6 lugar,
y un tanto
que se dixere en la parrochial
de dicha
las
"
del autorizado del notario se pondra
puertas principales
combentual

" los lugaresque se contienen " la

( y le remitira original
parrochial
margen). Y esto se dice quando se remite el mismo " otras partes y
los lugares
" la margen,
se le ponen
y se firma dicha carta de los senores
Inquisidores
y se refrenda de un seeretario. Quando se le remite algun
los mas
expurgatoriose le dice al comisario que ante dos religiosos
al
haga el expurgatorio tenor del
doctos,y sino hubiere dos sacerdotes,
de los que expurgare y
que se le remite,y que ponga en el principio
los expurg6en tantos de tal mes
borrare como
y ano.

EDICTO

Nos

los

EN

QTTE

SE

LIBROS.

PROHIBEN

Appostolicoscontra
inquisidores

apostasiaen

todo

el reyno

de Navarra,

la heretica

pravedad

obispadode Calahorra

y la

APPENDIX

574
Calzada

de

personas

exemptos
Dios

de

distrito etc. hacemos

su

" todos y

saver

y
qualquierestado preheminencia
non

nuestro

qualesquier

condition que

sean,

al servicio de
exemptos, deste nuestro distrito que,
utilidad de nuestra santa fee Catholica y
bien
y

senor,

Christiana,combiene
religion

es

necesario

se

recojany prohivan yn

Primeramente
(aquise ponen
papelessiguientes.
prohiveny acavando se dice)For tanto por el tenor

los libros y

totum

los libros que se

late senmayor
so
de las presentesmandamos
pena de excomunion
cada
cinquenta mil
premisa,y de
trina canonica monicione
tentise,
del santo officio,
que ninguna persona en cuyo
para gastos
leerlos mano
escriptos
poderse hallaren dichos libros 6 papelesno pueda
benderimpresiones,
de los dichos ni de otras qualesquier
ni ympresos
de nuebo, antes bien dentro de tercero dia los traigan
los ni ymprimirlos
Officio 6 los entreguen al Comisario en cuio distrito se
a este Santo
dentro del dicho terque lo no haciendo
hallare,con apercivimiento
contra los que reveldes fueren por todo rigordel
mino procederemos
mandamientos
y
contra
personas ynobedientes" los
derecho, como
de Logrono a
la Inquisition
en
del Santo Officio. Dado

maravedis

censuras

Firman
Y

escrive en

se

los

Inquisidores
y rrefrendalo un

senores

secretario.

lo ancho.

papel"

XL
COMMISSION

FOR

THE

EXAMINATION

OF

LIBRARIES.

Sala 40, Libro 4, fol.233).

(Archivede Simancas,Inquisition,
(Seep, 487).

Nos, Don

Fernando

de

Valdfe,por la divina miseracion arzobispo

de Sevilla etc. confiando de las letras y recta conciencia de vos el rdo

licenciado Martin del Pozo provisoren el obispadode Tarazona,y
fuere encomendado,
que bien y dilixentemente hareis lo que por nos vos
damos
poder y facultad para que
por el thenor de la presentevos
podais visitar y visiteis todas las librerias de qualesquierlibreros,

universidades
monesterios,

y personas

particulares
que

estan y rresiden

si ay algunoslibros
hereticos,
sospechosos
y escandalosos ansi de los contenidos en el cathade los que contengan en si algun
logo de los libros rreprovadoscomo
en

obispadopara

ver

" todos y qualesquier

personas
sospechadel y mandamos
orden
estado
y qualidadque sean, que vos
qualqxiier
y rreligion

herror
de

el destricto del dicho

todo

muestren

dexen

ver

las dichas

sus

librerias y

libros que

tuvieren

DOCUMENTS

dicho

el

para

efecto, lo qual

dexcomunion
cada
los

mayor

uno

maciones

sospechosos

en

dicho

dicho

el

dias

13

de

abril,

ano

IIP*0, Pedro

de

las

personas

para

F.

1559.

del

de

hallaredes

lo

qual

todo

veces.

For

dichos

los

para

vista

que
damos

vos

Dada

infor-

las

tuvieren

que

oro

officio, y

sancto

Qaragoga

Hispalens.

sentencia

ducados

de

nuestras

de

pena

gastos
que

Inquisidores

cometemos

so

docientos

los

para

justicia,

negocio

poder

nuestro

rdos

de

malsonantes

contra

los

cumplan

y
y

hiciere

contrario

remetid

hagan

sentencie

recibieredes

que
las

hagan

lo

que

rreprobados,

libros

late

575

el

Valladolid

en

mandado

de

S"

su

Tapia.

XII.

LICENCE

de

(Archivo

READ

TO

Sala

Simancas,
(See

Don

Nos,
vedad

en

pedido
toscano

leer

licencia

damos
leais

se

que

prohibicion
pena

alguna,
de

firmada

muy

licencia

facultad

espacio

testimonial

en

nombre

nuestro

tener

de

de
y

lo

ano

un

celo

sin

qual

ni

caer

quanto

en

seido

vulgar

devocion,

Biblia

qualquier
por

dar

la
de

secretario

vos

toscano

en

incurrir

mandamos

pra-

ha

nos

embargante

no

del

refrendado

dicha

la

Soma

traducida

buen

tengais

fecha

sea

de

Biblia

vuestro

For

etcetera.

Duquesa

de

heretica

la

contra

Magestad

de
que

para

contrario

en

General

su

y termino

4, fol. 126).

40, Libro

senora

ella, confiando

en

que

ilustre

diese

vos

ella por

en

la

vos

de

Senorios

ITALIAN.

IN

528).

p.

Inquisidor

Tavera,

Reinos

de

parte

por

Juan

los

BIBLE

ella

en

presente
la

general

Inquisicion.
Dada

en

quarenta

la
tres

villa

de

Madrid

veinte

de

Hebrero

mandado

mil

quinientos

anos.

Por

de

de

su

ilustrisima

reverendfcima

CARDINALIS.
senoria.

HlEBONIMO

ZUBITA.

Historyof the
of the Middle
Inquisition
A

Ages

BY

HENRY
Author

of

"A

Three

"

There

History

books

life;such

of

LEA, LL.D.

the

Inquisitionof Spain,"

volumes,octavo.

some

are

C.

book

which

$7.50,net, per

etc.

set.

reveal the loftiest effort of

springsfrom

broad

and

highestaims, and will therefore

be recognized
but as givingimpulseto the intellectual
not onlyas scientific,
action and aspiration
of its epoch. Such a book
is the 'History
of the
the
of
Middle
Inquisition
Ages/ by Henry Charles Lea."
Frankfurter
Zeitung,January 10, 1906.
earnest

the

"

Historyof
From

the

United

the

Compromise of 1850
Rule

at

to

the South

States

the Restoration
in

of Home

1877

BY

JAMES

of the

Member

Seven

volumes, octavo.
net,per

set;

RHODES,

FORD

Massachusetts

LL.D.

Historical

Society

Cloth,$17.50,
net,per set; half calf,$32.00,

levant,$40.00, net,per
three-quarters

set.

point of style"dear, concise,

in its narrative. A more
and really
thoroughlyreadable book
fascinating
has seldom been written in any departmentof literature."
that we shall see a more
"It is not probable
completeor better balanced
The Nation,
historyof our great civilwar."
"The

work

is

admirable
thoroughly

in

"

THE

64-66

FIFTH

MACMILLAN
AVENUE

COMPANY
NEW

YORK

PAUL

HERBERT

BY

Five

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8vo., cloth, $12.50,net,

volumes,

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Arnold,'in the English Men
a
nd
engaginglywritten, to
Series,will expect from him a book fearlessly
Far from being disappointed
by this brilliant young student,
say the least.
(we use the word in its best sense),they are here
journalistand politician
"

of Mr.

Readers

receive all this and

to

'Matthew

Paul's

much

has that

He

more.

recommendation
particular

being able to evoke again in the reader of today a live interest

in political
questions settled long ago, and to reintroduce into the politics
of the mid-century the personal element
so
likelyto be wanting in the
All in all,the author has given us a
merely constitutional history
He has the rare
virtue
historyinstinct with the life of the English nation.
the
he
has
of an
of understanding his countrymen,
pride
and, though
of England, he is scrupulouslyjust in
Englishman in the achievements
of
of
Indeed, besides a full account
activity.
treating her political
have a practically
and intellectual life,
we
complete history
English politics
York
Times,
of European affairs during the same
period." The New
of

"

The

Modern

Cambridge

History

ACTON,
LL.D., Regius Professor of
by the late LORD
Modern
History in the University of Cambridge.
Edited by A. W, WARD,
Lixx.D., G. W. PROTHERO,
Lrrr.D.,
STANLEY
M.A.
and
LEATHES,
To
be
complete in twelve royal 8vo. volumes, each $4.00, net
(carriageextra), issued at the rate of two volumes
a year.
Planned

I.

THE

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II.

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OF

Ready.
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AND

STUARTS.

EIGHTEENTH

XL

PRESS
"The

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to

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XII.

full,comprehensive
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modern

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be no question about the great value of the work
in fact,it
historical student."
The
Public Ledger, Philadelphia.
"

every
"A
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of great value.
Atlantic Monthly, Boston.

THE
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The